1971R1408 — EN — 01.09.2001 — 002.001 — 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)
(OJ L 149, 5.7.1971, p. 2)
(Consolidated version — OJ No L 28 of 30. 1. 1997, p. 1 (*))
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1290/97 of 27 June 1997 L 176 1 4.7.1997
►M2Council Regulation (EC) No 1223/98 of 4 June 1998 L 168 1 13.6.1998
►M3Council Regulation (EC) No 1606/98 of 29 June 1998 L 209 1 25.7.1998
►M4Council Regulation (EC) No 307/1999 of 8 February 1999 L 38 1 12.2.1999
►M5Council Regulation (EC) No 1399/1999 of 29 April 1999 L 164 1 30.6.1999
►M6Regulation (EC) No 1386/2001 of the European Parliament and of the
Council of 5 June 2001 L 187 1 10.7.2001
(*) See appendix.
▼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 for
workers 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
cornerstones of the Community, is not confined to employed persons butalso extends to self-employed persons in the framework of the freedom
of establishment 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 for self-employed persons or by virtue of pursuing employment or self-employment;
Whereas it is necessary to respect the special characteristics of national
social security legislations and to draw up only a system of coordination;
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 being
acquired;
Whereas these objectives must be attained in particular by aggregation
of all the periods taken into account under the various national
legislations for the purpose of acquiring and retaining the right tobenefits and of calculating the amount of benefits, and by the provisionof benefits for the various categories of persons covered by theRegulation regardless of their place of residence within the Community;
Whereas employed persons and self-employed persons moving within
the Community should be subject to the social security scheme of only
one single Member State in order to avoid overlapping of national
legislations applicable and the complications which could resulttherefrom;
Whereas the instances in which a person should be subject simulta-
neously to the legislation of two MemberStates 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 as1971R1408 — EN — 01.09.2001 — 002.001 — 2
(*) See appendix.
▼B
possible, it is appropriate to determine as the legislation applicable, as a
general rule, that of the Member State in which the person concernedpursues 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
simultaneously within social security and social assistance, because ofthe per sonal scope of theirapplication, theirobjectives and theirmannerof application, it is necessary to lay down a system of coordination,which takes into account the special characteristics of the benefitsconcerned, that should be included in the Regulation in order to protect
the interests of migrant workers in accordance with the provisions of the
Treaty;
Whereas such benefits should be granted, in respect of persons falling
within the scope of this Regulation, solely in accordance with the
legislation of the country of residence of the person concerned or of the
members 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 Member State
otherthan the competent MemberState;
Whereas the specific position of pension claimants and pensioners and
the members of their families calls for the provisions governing sickness
insurance to adapted to their situation;
Whereas for invalidity benefits a system of coordination should be
drawn up which respects the specific characteristics of nationallegislations; whereas it is therefore necessary to make a distinction
between legislations underwhich the amount of invalidity benefit is
independent of the length of insurance and legislations under which theamount depends 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 the case
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 or self-
employed person has been subject to the legislation of one or more
MemberStates;
Whereas there is a need to determine the amount of a pension calculated
in accordance with the method used for aggregation and pro rata
calculation and guaranteed by Community law where the application of
national 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 concerning
reduction, suspension or withdrawal, it is necessary to include provisionslaying down strict rules for the application of these provisions;
Whereas, in respect of benefits for accidents at work and occupational
diseases, it is necessary, for the purpose of affording protection, that
rules be laid down covering the situation of persons residing or stayingin a MemberState otherthan the competent MemberState;
Whereas it is necessary to lay down specific provisions for death grants;
Whereas, in order to secure mobility of labour under improved
conditions, it is necessary henceforth to ensure closer coordinationbetween the unemployment insurance schemes and the unemploymentassistance schemes of all the MemberStates;1971R1408 — EN — 01.09.2001 — 002.001 — 3
▼B
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
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 between
all 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 and
under the legislation of the country of residence of the members of the
family;
Whereas the legislations of the Member States differ from each other
and are specific in nature, it is considered necessary to draw up specificrules for the coordination of the national schemes providing benefits for
dependent children of pensioners and for orphans;
Whereas it is necessary to establish an Administrative Commission
consisting of a government representative from each of the MemberStates, charged in particular with dealing with all administrative
questions or questions of interpretation arising from the provisions of
this Regulation, 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 correspond
to the special characteristics of the national legislations in order tofacilitate the application of the rules of coordination,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1 (10) (15)
Definitions
Forthe pur pose of this Regulation:
(a)employed person andself-employed person mean respectively:
(i) any person who is insured, compulsorily or on an optional
continued basis, for one or more of the contingencies covered
by the branches of a social security scheme for employed or
self-employed persons or by a special scheme for civilservants;
(ii) any person who is compulsorily insured for one or more of the
contingencies covered by the branches of social security dealtwith in this Regulation, undera social secur ity dealt with inthis Regulation, under a social security scheme for all residentsor for the whole working population, if such person:
— can be identified as an employed orself-employed per son
by virtue of the manner in which such scheme isadministered or financed, or,
— failing such criteria, is insured for some other contingency
specified in Annex I undera scheme foremployed orself-employed persons, or under a scheme referred to in (iii),either compulsorily or on an optional continued basis, or,where no such scheme exists in the Member Stateconcerned, complies with the definition given in Annex I;1971R1408 — EN — 01.09.2001 — 002.001 — 4
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(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
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 this
Regulation, undera social secur ity scheme of a MemberState
foremployed orself-employed per sons orforall r esidents 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
forthe same contingency undera scheme foremployed orself-employed persons for the same Member State;
(b)frontier worker means any employed orself-employed per son who
pursues his occupation in the territory of a Member State andresides in the territory of another Member State to which he returnsas a rule daily or at least once a week; however, a frontier worker
who is posted elsewhere in the territory of the same or another
Member State by the undertaking to which he is normally attached,or who engages in the provision of services elsewhere in theterritory 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 or
at least once a week to the place where he resides;
(c)seasonal worker means any employed person who goes to the
territory of a Member State other than the one in which he isresident to do work there of a seasonal nature for an undertaking oran employerof that State fora per iod which may on no accountexceed eight month, and who stays in the territory of the said State
for the duration of this work; work of a seasonal nature shall be
taken to mean work which, being dependent on the succession ofthe seasons, automatically recurs each year;
(ca)student means any person other than an employed or self-employed
person or a member of his family or survivor within the meaning ofthis Regulation who studies or receives vocational training leadingto a qualification officially recognised by the authorities of aMember State, and is insured under a general social security
scheme ora special social secur ity scheme applicable to students;
(d)refugee shall have the meaning assigned to it in Article 1 of the
Convention of the Status of Refugees, signed at Geneva on 28 July
1951;
(e)stateless person shall have the meaning assigned to it in Article 1 of
the Convention on the Status of Stateless Persons, signed in NewYork on 28 September 1954;
(f) (i)member of the family means any person defined or recognized
as a memberof the family ordesignated as a memberof the
household by the legislation under which benefits are provided
or, 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 amemberof the family ora memberof 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
MemberState does not enable member s of the family to bedistinguished from the other persons to whom it applies, the
term “member of the family" shall have the meaning given to it
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 prescribed1971R1408 — EN — 01.09.2001 — 002.001 — 5
▼M4
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conditions, the term ‘member of the family’ means at least the
spouse of an ►M4employed orself-employed per son or
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 was
living underthe same r oof 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,
regulations and other provisions and all other implementingmeasures, present or future, relating to the branches and schemesof social security 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
agreements, whether or not they have been the subject of a decisionby the authorities rendering them compulsory or extending their
scope. 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
regulations referred to in the preceding subparagraph,
the limitation on the term may at any time be lifted by a declaration
of the MemberState concer ned specifying the schemes of such akind to which this Regulation applies. Such a declaration shall benotified and published in accordance with the provisions of 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 of
the territory of the Member State concerned, irrespective of
whether or not the authorities decided to make them compulsory orextend theirscope. The special schemes in question ar e specified inAnnex II;
(ja) “special scheme for civil servants" means any social security
scheme which is different from the general social security schemeapplicable to employed persons in the Member States concerned
and to which all, or certain categories of, civil servants or persons
treated as such are directly subject;
(k)social security convention means any bilateral or multilateral
instr ument which binds orwill bind two ormor e MemberStatesexclusively, and any other multilateral instrument which binds orwill bind at least two MemberStates and one ormor e otherStatesin 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 for
social security schemes throughout or in any part of the territory of
the State in question;
(m)Administrative Commission means the commission referred to in
Article 80;1971R1408 — EN — 01.09.2001 — 002.001 — 6
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(n)institution means, in respect of each Member State, the body or
authority responsible for administering all or part of the legislation;
(o)competent institution means:
(i) the institution with which the person concerned is insured at
the time of the application forbenefit;
or
(ii) the institution from which the person concerned is entitled or
would be entitled to benefits if he ora memberormember s of
his family were resident in the territory of the Member State inwhich the institution is situated; or
(iii) the institution designated by the competent authority of the
memberState concer ned; 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 theMemberState concer ned;
(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 the
MemberState 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 orself-employment as defined orr ecognized 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
insurance; ◄
(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 they
are regarded by the said legislation as equivalent to periods of
employment orof 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 underwhich they wer e completed orconsidered as completed;
(t)benefits andpensions mean all benefits and pensions, including all
elements thereof payable out of public funds, revalorization
increases and supplementary allowances, subject to the provisions
of Title III, as also lump-sum benefits which may be paid in lieu ofpensions, and payments made by way of reimbursement ofcontributions;
(u) (i) the term family benefits means all benefits in kind orin cash
intended to meet family expenses underthe legislation
provided for in Article 4 (1) (h), excluding the specialchildbirth 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-all payment in the event of death
exclusive of the lump-sum benefits referred to in subparagraph (t).1971R1408 — EN — 01.09.2001 — 002.001 — 7
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Article 2
Persons covered
1. This Regulation shall apply to employed orself-employed per sons
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 MemberStates, as well as to the member s of theirfamilies
and 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 the
territory of one of the Member States.
Article 3
Equality of treatment
1. Subject to the special provisions of this Regulation, persons
resident in the territory of one of the Member States to whom this
Regulation applies shall be subject to the same obligations and enjoy thesame benefits underthe legislation of any MemberState as the nationalsof the State.
2. The provisions of paragraph 1 shall apply to the right to elect
members of the organs of social security institutions or to participate in
theirnomination, but shall not affect the legislative pr ovisions of any
Member State relating to eligibility or methods of nomination of personsconcerned to those organs.
3. Save as provided in Annex III, the provisions of social security
conventions which remain in force pursuant to Article 7 2. (c) and theprovisions of conventions concluded pursuant to Article 8 (1), shall
apply to all persons to whom this Regulation applies.
Article 4 (10)
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 forthe maintenance or
improvement of earning capacity;
(c) old-age benefits;
(d) survivors' benefits;
(e) benefits in respect of accidents at work and occupational diseases;
(f) death grants;
(g) unemployment benefits;
(h) family benefits.
2. This Regulation shall apply to all general and special social
security schemes, whether contributory or non-contributory, and to
schemes concerning the liability of an employer or shipowner in respect
of the benefits referred to in paragraph 1.
2a. This Regulation shall also apply to special non-contributory
benefits which are provided under legislation or schemes other thanthose referred to 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 referred to inparagraph 1 (a) to (h);
or1971R1408 — EN — 01.09.2001 — 002.001 — 8
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(b) solely as specific protection for the disabled.
2b. This Regulation shall not apply to the provisions in the legislation
of a Member State concerning special non-contributory benefits,referred to in Annex II, Section III, the validity of which is confinedto part of its territory.
3. The provisions of Title III of this Regulation shall not, however,
affect the legislative provisions of any Member State concerning a
shipowner's liability.
4. This Regulation shall not apply to social and medical assistance, to
benefit schemes forvictims of warorits 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-contributory benefits 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 notified
and 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 provisions ofany social security convention binding either;
(a) two ormor e MemberStates 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 latterStates.
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
December1953 concluded between the MemberStates 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 of
this 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 1.1971R1408 — EN — 01.09.2001 — 002.001 — 9
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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 upon
residence 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 oras self-employed per sons.
2. Where under the legislation of a Member State, admission to
voluntary or optional continued insurance is conditional upon comple-
tion of periods of insurance, the periods of insurance or residence
completed underthe legislation of anotherMemberState 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
entitlement to a benefit is conditional upon completion of a minimum
period of insurance during a specific period preceding the contingency
insured against (reference period) and where the aforementionedlegislation provides that the periods during which the benefits havebeen granted under the legislation of that Member State or periodsdevoted to the upbringing of children in the territory of that MemberState shall give rise to prolongation of the reference period, periods
dur ing which invalidity pensions orold-age pensions orsickness
benefits, unemployment benefits orbenefits foraccidents at wor k(except forpensions) have been awar ded underthe legislation of anotherMember State and periods devoted to the upbringing of children in theterritory of another Member State shall likewise give rise to
prolongation of the aforesaid reference period.
Article 10
Waiving of residence clauses — Effect of compulsory insurance on
reimbursement of contributions
1. Save as otherwise provided in this Regulation invalidity, old-age or
survivors' cash benefits, pension for accidents at work or occupationaldiseases and death grants acquired under the legislation of one or more
MemberStates shall not be subject to any r eduction, 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-sum benefits granted in
cases of remarriage of a surviving spouse who was entitled to asurvivors' pension.
2. Where under the legislation of a Member State reimbursement of
contributions is conditional upon the person concerned having ceased to
be subject to compulsory insurance, this condition shall not beconsidered satisfied as long as the person concerned is subject tocompulsory insurance ►
M4 ◄underthe legislation of
anotherMemberState.
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 special
non-contributory cash benefits referred to in Article 4 (2a) exclusively inthe 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.1971R1408 — EN — 01.09.2001 — 002.001 — 10
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2. The institution of a MemberState underwhose legislation
entitlement to benefits covered by paragraph 1 is subject to thecompletion of periods of employment, self-employment or residence
shall regard, to the extent necessary, periods of employment, self-
employment or residence completed in the territory of any otherMember State as periods completed in the territory of the first MemberState.
3. Where entitlement to a benefit covered by paragraph 1 but granted
in the form of a supplement is subject, under the legislation of a Member
State, to receipt of a benefit covered by Article 4 (1) (a) to (h), and nosuch benefit is due under that legislation, any corresponding benefitgranted under the legislation of any other Member State shall be treatedas a benefit granted under the legislation of the first Member State for
the purposes of entitlement to the supplement.
4. Where the granting of a disability or invalidity benefit covered by
paragraph 1 is subject, under the legislation of a Member State, to thecondition that the disability orinvalidity should be diagnosed forthefirst time in the territory of that Member State, this condition shall bedeemed to be fulfilled where such diagnosis is made for the first time in
the 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 underthat 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 of compulsoryinsurance. However, this provision shall not apply to benefits in respectof invalidity, old age, death (pensions) oroccupational disease which ar eawarded by the institutions of two or more Member States, in
accordance with the provisions of Articles 41, 43 2. and (3), 46, 50
and 51 orAr ticle 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 social
security benefits or any other form of income may be invoked even
where such benefits were acquired under the legislation of anotherMember State or where such income was acquired in the territory ofanotherMemberState.
3. The provisions of the legislation of a Member State for reduction,
suspension or withdrawal of benefit in the case of a person in receipt of
invalidity benefits or anticipatory old-age benefits pursuing a profes-sional or trade activity may be invoked against such person even thoughhe is pursuing his activity in the territory of another Member State.
4. An invalidity pension payable underNether lands legislation shall,
in case where the Netherlands institution is bound under the provisions
of Article 57 (5) or 60 (29) (b) to contribute also to the cost of benefitsforoccupational disease gr anted underthe legislation of anotherMemberState, be r educed by the amount payable to the institution ofthe other Member State which is responsible for granting the benefits foroccupational disease.1971R1408 — EN — 01.09.2001 — 002.001 — 11
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TITLE II
DETERMINATION OF THE LEGISLATION APPLICABLE
Article 13 (9)
General rules
1. Subject to Articles 14c and 14f, persons to whom this Regulation
applies shall be subject to the legislation of a single MemberState only.
That legislation shall be determined in accordance with the provisions of
this Title.
2. Subject to Articles 14 to 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 the
territory of another Member State or if the registered office or place
of business of the undertaking or individual employing him issituated in the territory of another Member State;
(b) a person who is self-employed in the territory of one Member State
shall be subjected to the legislation of that State even if he resides inthe 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 MemberState to which the administr ation
employing 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 underthat legislation is subject to the
completion of periods of insurance before entry into or after release
from such military or civilian service, periods of insurancecompleted underthe legislation of any otherMemberState shallbe taken into account, to the extent necessary, as if they wereperiods of insurance completed under the legislation of the first
State. The employed orself-employed per son called up orr ecalled
for service in the armed forces or for civilian service shall retain thestatus of employed orself-employed per son;
(f) a person to whom the legislation of a Member State ceases to be
applicable, without the legislation of anotherMemberState
becoming applicable to him in accordance with one of the ruleslaid down in the aforegoing subparagraphs or in accordance withone of the exceptions or special provisions laid down in Articles 14to 17 shall be subject to the legislation of the MemberState in whoseterritory he resides in accordance with the provisions of that
legislation 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 to
perform work there for that undertaking shall continue to be
subject 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 firstMemberState shall continue to apply until the completion of1971R1408 — EN — 01.09.2001 — 002.001 — 12
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such work, provided that the competent authority of the Member
State in whose territory the person concerned is posted or thebody designated by that authority gives its consent; such consent
must be requested before the end of the initial 12-month period.
Such consent cannot, however, be given for a 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 own account,operates international transport services for passengers or goodsby rail, road, air or inland waterway and has its registered office
or place of business in the territory of a Member State shall be
subject to the legislation of the latterState, with the followingrestrictions:
(i) where the said undertaking has a branch or permanent
representation in the territory of a Member State other thanthat in which it has its registered office or place of business, a
person employed by such branch or permanent representation
shall be subject to the legislation of the MemberState inwhose territory such branch or permanent representation issituated;
(ii) where a person is employed principally in the territory of the
MemberState in which he r esides, he shall be subject to the
legislation of that State, even if the undertaking whichemploys him has no registered office or place of business orbranch or permanent representation in that territory.
(b) A 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 if
he is attached to several undertakings or several employers
who 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 the
undertaking 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 in the
territory of another Member State and which straddles the common
frontier of these States shall be subject to the legislation of theMember State in whose territory the undertaking has its registeredoffice orplace 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 Member
State 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 first
MemberState 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 requested before1971R1408 — EN — 01.09.2001 — 002.001 — 13
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the end of the initial 12-month period, Such consent cannot,
however, be given for a period exceeding 12 months.
2. A person normally self-employed in the territory of two or more
MemberStates shall be subject to the legislation of the MemberState
in whose territory he resides if he pursues any part of his activity inthe territory of that Member State. If he does not pursue any activityin the territory of the Member State in which he resides, he shall besubject to the legislation of the Member State in whose territory he
pursue his main activity. The criteria used to determine the principal
activity are laid down in the Regulation referred to in Article 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 MemberState in whose
territory 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 otherMemberState which wouldapply apart from these particular provisions, or should the legislations
of two ormor e MemberStates apply in this way, he shall be subject
to the legislation decided on by common agreement amongst theMember 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 a
vessel flying the flag of a MemberState, 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 the
legislation of the first Member State.
2. A person normally self-employed, either in the territory of a Member
State oron boar d a vessel flying the flag of a MemberState and whoperforms work on his own account on board a vessel flying the flag ofanotherMemberState shall, subject to the conditions pr ovided inArticle 14a (1), continue to be subject to the legislation of the first
MemberState.
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 anotherMemberState shall be subject to the legislation of thelatter State if he is resident in the territory of that State; the
undertaking or person paying the remuneration shall be considered as
the employerforthe pur pose 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 Member
State 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 paid1971R1408 — EN — 01.09.2001 — 002.001 — 14
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employment or, where he pursues such an activity in the territory of
two or more Member States, to the legislation determined inaccordance 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 two ormore Member States,
and
— to the legislation of the Member State in the territory of which he
is self-employed, that legislation having been determined in
accordance with Article 14a (2), (3) or (4), where he pursues
such an activity in the territory of two or more Member States.
Article 14d (5)
Miscellaneous provisions
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.
2. The person referred to in Article 14c (b) shall be treated, for the
purposes of determining the rates of contributions to be charged to self-employed workers under the legislation of the Member State in whoseterritory he is self-employed, as if he pursued his paid employment 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 subject
to compulsory insurance in respect of such activity shall also apply to a
pensionerwhose pension was acquir ed underthe 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.
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 one
Member State and who is employed and/or self-employed in the territoryof one ormor e otherMemberStates shall be subject to the legislation ofthe MemberState in which he is insur ed in a special scheme forcivilservants.
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 MemberStates in a special scheme forcivil ser vants shallbe subject to the legislation of each of these MemberStates.1971R1408 — EN — 01.09.2001 — 002.001 — 15
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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 anotherMemberState, to the extent that suchoverlapping is explicitly or implicitly admitted in the first Member State.
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 consularposts and to the pr ivatedomestic staff of agents of such missions orposts.
2. However, employed persons covered by paragraph 1 who are
nationals of the MemberState which is the accr editing orsending Statemay opt to be subject to the legislation of that State. Such right of optionmay be renewed at the end of each calendar year and shall not have
retrospective effect.
3. Auxiliary staff of the European Communities may opt to be subject
to the legislation of the Member State in whose territory they are
employed, to the legislation of the MemberState to which they wer e last
subject orto the legislation of the MemberState whose nationals theyare, 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 be
exercised once only, shall take effect from the date of entry into
employment.
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 agreementprovide 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
orof pensions due underthe legislation of sever al MemberStates 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.1971R1408 — EN — 01.09.2001 — 002.001 — 16
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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 MemberState whose legislation
makes the acquisition, retention or recovery of the right to benefitsconditional upon the completion of periods of insurance, employment or
residence shall, to the extent necessary, take account of periods of
insurance, 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 the
period 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
MemberState otherthan the competent State, who satisfies theconditions of the legislation of the competent State forentitlement 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 of
residence, such benefits may be provided by the latter institution on
behalf 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 than the
competent State in so faras they ar e not entitled to such benefits underthe 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 not
subject to condition of insurance or employment, benefits in kind whichthey receive shall be considered as being on behalf of the institution withwhich the employed or self-employed person is insured, unless thespouse or the person looking after the children pursues a professional ortrade activity in the territory of the said Member State.1971R1408 — EN — 01.09.2001 — 002.001 — 17
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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 the
competent 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, be
conditional upon an agreement between the States concerned or between
the competent authorities of those States or, in its absence, on priorauthorization 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 receive
benefits in accordance with the provisions of the legislation of that Stateas though he were resident there, even if he has already received benefitsfor 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-employed person
resides, benefits in kind shall be provided by the institution of the placeof stay on behalf of the institution of the place of residence of thepersons concerned.
3. Paragraphs 1 and 2 shall not apply to frontier workers and the
members of their families.
4. An employed or self-employed person and members of his family
referred to in Article 19 who transfer their residence to the territory of
the competent State shall receive benefits in accordance with theprovisions of the legislation of that State even if they have alreadyreceived benefits for the same case of sickness or maternity beforetransferring their 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 orself-employed per son who satisfies the conditions
of the legislation of the competent State forentitlement 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 to the territory
of the Member State where he resides, or to transfer his 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 to receive there the treatment appropriateto his condition,
shall be entitled:
(i) to benefits in kind provided on behalf of the competent institution
by the institution of the place of stay or residence in accordance withthe provisions of the legislation which it administers, as though hewere insured with it; the length of the period during which benefitsare provided shall be governed, however, by the legislation of thecompetent State;1971R1408 — EN — 01.09.2001 — 002.001 — 18
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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 the institution
of the place of stay or residence, such benefits may be provided by
the latter institution on behalf of the former, in accordance with theprovisions 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 would beprejudicial 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 by
the legislation of the Member State on whose territory the person
concerned 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 the
territory 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 with theprovisions of the legislation which it administers as if the employed
or self-employed person were insured there. The period during
which benefits are provided shall, however, be that laid down underthe legislation of the Member State in whose territory the membersof 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 members
of the family are residing.
4. The fact that the provisions of paragraph 1 apply to an employed or
self-employed person shall not affect the right to benefit of members ofhis 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 of
theirfamilies r esiding 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-employed person referred to in Article 13 (2) (d),
14, 14a, 14b, 14c (a) or17, and member s of the family accompanyinghim, shall benefit from the provisions of Article 22 (1) (a) for any
condition requiring benefits during a stay in the territory of the Member
State in which the worker is employed or whose flag the vessel aboardwhich the worker is employed is flying.
Article 23 (a)
Calculation of cash benefits
1. The competent institution of a MemberState whose legislationprovides that the calculation of cash benefits shall be based on average1971R1408 — EN — 01.09.2001 — 002.001 — 19
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earnings or on average contributions, shall determine such average
earnings or contributions exclusively by reference to earnings orcontributions completed under the said legislation.
2. The competent institution of a MemberState whose legislation
provides that the calculation of cash benefits shall be based on standardearnings, shall take account exclusively of the standard earnings or,where appropriate, of the average of standard earnings for the periods
completed underthe said legislation.
3. The competent institution of a MemberState underwhose
legislation the amount of cash benefits varies with the number ofmembers of the family, shall also take into account the members of the
family of the person concerned who are resident in the territory of
another Member State as if they were resident in the territory of thecompetent State.
Article 24
Substantial benefits in kind
1. Where the right of an employed or self-employed person or a
memberof his family to a pr osthesis, a majorappliance orother
substantial 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-employed person shall receivesuch benefits at the expense of the first institution, even if they are
granted 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 forentitlement 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 MemberState in which he seeks employment inaccordance with the provisions of the legislation which the latterinstitution administers, as though he were insured with it;
(b) cash benefits provided by the competent institution in accordance
with the provisions of the legislation which it administers. However,
by agreement between the competent institution and the institution
of the MemberState in which the unemployed per son seeksemployment, benefits may be provided by the latter institution onbehalf of the former institution in accordance with the provisions ofthe legislation of the competent State. Unemployment benefits under
Article 69 (1) shall not be granted for the period during which 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 of
Article 71 (1) (b) (ii) apply, shall receive benefits in kind and in cash in
accordance with the provisions of the legislation of the Member State inwhose territory he resides, as though he had been subject to thatlegislation during his last employment, taking account where appropriateof the provisions of Article 18; the cost of such benefits shall be met bythe institution of the country of residence.
3. Where an unemployed person satisfies the conditions of the
legislation of the MemberState which is r esponsible forthe cost ofunemployment benefits forentitlement to sickness and mater nitybenefits, taking account where appropriate of the provisions of Article1971R1408 — EN — 01.09.2001 — 002.001 — 20
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18, the members of his family shall receive these benefits, irrespective
of the Member State in whose territory they reside or are staying. Suchbenefits shall be provided:
(i) with regard to the benefits in kind, by the institution of the place of
residence or stay in accordance with the provisions of the legislation
which it administers, on behalf of the competent institution of the
MemberState which is r esponsible forthe cost of unemploymentbenefits;
(ii) with regard to cash benefits, by the competent institution of the
MemberState which is r esponsible forthe cost of unemploymentbenefits, in accordance with the legislation which it administers.
4. Without prejudice to any provisions of the legislation of a Member
State which permit an extension of the period during which sickness
benefits may be granted, the period provided for in paragraph 1 may, in
cases of force majeure, be extended by the competent 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 MemberState whose legislation pr ovides for
deduction of contributions payable by unemployed persons to coversickness and maternity benefits shall be authorized to make suchdeductions in accordance with the provisions of its legislation.
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, cease
to be entitled to benefits in kind underthe legislation of the Member
State 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 underthat legislation orwould be entitled to
them under the legislation of another Member State if they were residing
in the territory of that State, taking account where appropriate of theprovisions of Article 18.
2. A pension claimant who is entitled to benefits in kind underthe
legislation of a Member State which obliges the person concerned to paysickness insurance contributions himself during the investigation of hispension claim shall cease to be entitled to benefits in kind at the end ofthe second month forwhich he has not paid the contr ibutions due.
3. Benefits in kind provided in accordance with the provisions of
paragraph 1 shall be chargeable to the institution which has collected
contributions in accordance with the provisions of paragraph 2; where
no 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.1971R1408 — EN — 01.09.2001 — 002.001 — 21
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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 pensionerwho is entitled to dr aw pensions underthe legislation of
two ormor e MemberStates, of which one is that of the MemberState inwhose territory he resides, and who is entitled to benefits under thelegislation of the latter Member State, taking account where appropriate
of the provisions of Article 18 and Annex VI, shall, with the members of
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 under thelegislation of the latterMemberState.
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 pensionerwho is entitled to a pension underthe legislation of
one MemberState orto pensions underthe legislation of two ormor eMemberStates and who is not entitled to benefits underthe legislationof the Member State in whose territory he resides shall neverthelessreceive such benefits for himself and for members of his family, in so far
as he would, taking account where appropriate of the provisions of
Article 18 and Annex VI, be entitled thereto under the legislation of theMemberState orof at least one of the MemberStates 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 residence asthough the person concerned were a pensioner under the legislationof the State in whose territory he resides and were entitled to suchbenefits;
(b) cash benefits shall, where appropriate, be provided by the competent
institution as determined by the rules of paragraph 2, in accordancewith the legislation which it administers. However, upon agreement
between the competent institution and the institution of the place of
residence, such benefits may be provided by the latter institution onbehalf of the former, in accordance with the legislation of thecompetent 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 the
following rules:
(a) where the pensioner is entitled to the said benefits under the
legislation of a single MemberState, the cost shall be bor ne by thecompetent institution of that State;
(b) where the pensioner is entitled to the said benefits under the
legislation of two or more Member States, the cost thereof shall beborne by the competent institution of the Member State to whose
legislation the pensionerhas been subject forthe longest per iod of
time; should the application of this rule result in several institutionsbeing responsible for the cost of benefits the cost shall be borne bythe institution administering the legislation to which the pensionerwas last 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
MemberState, orto pensions underthe legislations of two ormor e1971R1408 — EN — 01.09.2001 — 002.001 — 22
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Member States, resides in the territory of a Member State under whose
legislation the right to receive benefits in kind is not subject toconditions of insurance or employment, nor is any pension payable, the
cost of benefits in kind provided to him and to members of his family
shall be borne by the institution of one of the Member States competentin respect of pensions, determined according to the rules laid down inArticle 28 (2), to the extent that the pensioner and members of his familywould have been entitled to such benefits underthe legislation
administered by the said institution if they resided in the territory of
the MemberState wher e 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 MemberState orto pensions underthe legislation
of two or more Member States who reside in the territory of a MemberState other than the one in which the pensioner resides shall, where he isentitled to benefits underthe legislation of one MemberState, r eceivebenefits as though the pensioner were resident in the same territory asthemselves. Benefit shall be provided under the following conditions:
(a) benefits in kind shall be provided by the institution of the place of
residence of the members of the family in accordance with the
provisions of the legislation which that institution administers, the
cost being borne by the institution determined in accordance withthe provisions of Article 27 or Article 28(2); if the place of residenceis situated in the competent MemberState, benefits in kind shall beprovided, and the cost borne, by the competent institution;
(b) cash benefits shall, where appropriate, be provided by the competent
institution as determined by the provisions of Article 27 or 28 (2), in
accordance with the provisions of the legislation which itadministers. 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 latter
institution on behalf of the former, in accordance with the provisions
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 underthe pr ovisions 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
institution determined by the provisions of Article 27 or 28 (2), in
accordance with the legislation which it administers. However, upon
agreement between the competent institution and the institution ofthe place of residence of the pensioner, such benefits may beprovided by the latter institution on behalf of the former, inaccordance with the provisions of the legislation of the competent
State.
Article 30
Substantial benefits in kind
The provisions of Article 24 shall apply by analogy to pensioners.
Article 31
Stay of the pensioner and/or members of his family in a State other than the
State in which they reside
A pensionerentitled to a pension orpensions underthe legislation of one
MemberState orto pensions underthe legislation of two ormor e1971R1408 — EN — 01.09.2001 — 002.001 — 23
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MemberStates who is entitled to benefits underthe legislation of one of
those States shall, with members of his family who are staying in theterritory 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 itadministers, 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
institution as determined by the provisions of Article 27 or 28 (2),in accordance with the provisions of the legislation which itadministers. However, upon agreement between the competentinstitution and the institution of the place of stay, these benefits may
be provided by the latter institution on behalf of the former, in
accordance with the provisions of the legislation of the competentState.
Article 32 (15)
.....
Article 33 (7)
Contributions payable by pensioners
1. The institution of a MemberState which is r esponsible 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 in
accordance with the legislation concerned, from the pension payable by
such institution, to the extent that the cost of the benefits underAr ticle27, 28, 28a, 29, 31 and 32 is to be borne by an institution of the saidMemberState.
2. Where, in the cases referred to in Article 28a, the acquisition of
benefits in respect of sickness and maternity is subject to the payment ofcontributions or similar payments under the legislation of a Member
State in whose territory the pensioner in question resides, by virtue of
such 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 a singleMember State shall be regarded as a pensioner entitled to draw a pension
underthe legislation of one MemberState, within the meaning of these
provisions.
2. Articles 27 to 33 shall not apply to a pensioner or to members of
his family who are entitled to benefits under the legislation of a MemberState as a result of pursuing a professional or trade activity. In such acase, the person concerned shall, for the purposes of the implementationof this chapter, be considered as an employed or self-employed person
oras a memberof an employed orself-employed per son's family.
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, Article24 and of Sections 6 and 7 shall apply by analogy to students and tomembers of their families, as appropriate.1971R1408 — EN — 01.09.2001 — 002.001 — 24
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Article 34b
Common provisions
A person, as referred to in Article 22(1) and (3) and in Article 34a, who
stays in a MemberState otherthan the competent State to study ther e orreceive vocational training leading to a qualification officially
recognised by the authorities of a Member State, and the members of
his family 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 person isstudying orin tr aining.
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 the
steel 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 administersuch scheme.
2. Where the legislation of the country of stay or residence includes
one or more special schemes, covering all or most occupational
categories of self-employed persons, which grant benefits in kind less
favourable than those granted to employed persons, the provisionsapplicable to the person concerned and the members of his familypursuant to Articles 19 (1) (a) and (2), 22 (1) (under (i)) and (3), 28 (1)(a) and 31 (a) shall be those of the scheme orschemes deter mined by theimplementing Regulation referred to in Article 98:
(a) where, in the competent State, the person concerned is insured under
a special scheme for self-employed persons which also grants less
favourable benefits in kind than those granted to employed person,
or
(b) where a person in receipt of one or more pensions is, under the
pensions legislation of the competent MemberState orMemberStates, entitled only to the benefits in kind provided for by a specialscheme for self-employed persons which also grants less favourable
benefits in kind than those granted to employed persons.
3. Where, under the legislation of a Member State, the granting of
benefits is conditional upon the origin of the illness, that conditions
►
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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 thatlegislation may, where appropriate, take account of the period duringwhich the benefits have already been provided by the institution ofanotherMemberState forthe same case of sickness ormater nity.1971R1408 — EN — 01.09.2001 — 002.001 — 25
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Section 7
Reimbursement between institutions
Article 36 (15)
1. Benefits in kind provided in accordance with the provisions of this
chapterby the institution of one MemberState on behalf of the
institution of anotherMemberState shall be fully r efunded.
2. The refunds referred to in paragraph 1 shall be determined and
made in accordance with the procedure provided for by theimplementing Regulation referred to in Article 98, either on productionof proof of actual expenditure or on the basis of lump-sum payments.
In the lattercase, the lump-sum payments shall be such as to ensur e that
the refund is as close as possible to actual expenditure.
3. Two ormor e MemberStates, orthe competent author ities 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
legislation 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 more
Member States and who has completed periods of insurance exclusivelyunderlegislation accor ding to which the amount of invalidity benefits isindependent of the duration of periods of insurance shall receive benefitsin accordance with Article 39. This Article shall not affect pensionincreases or supplements in respect of children, granted in accordance
with Chapter8.
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 is
not 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 legislation
of any otherMemberState, be it undera gener al scheme orundera
special scheme and eitheras an employed per son oras a self-employedperson. For that purpose, it shall take account of these periods as if theyhad been completed underits 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 for
employed persons or, where appropriate, in a specific employment,
periods completed under the legislation of other Member States shall betaken into account forthe gr anting of these benefits only if completedunder a corresponding scheme or, failing that, in the same occupation or,where appropriate, in the same employment.1971R1408 — EN — 01.09.2001 — 002.001 — 26
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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 benefits
under the general scheme or, failing that, under the scheme applicable to
manual or clerical workers, as the case may be, subject to the conditionthat the person concerned has been affiliated to one or other of theseschemes.
3. Where the legislation of a Member State makes the granting of
certain benefits conditional upon the period of insurance having been
completed only in a occupation subject to a special scheme forself-employed persons, periods completed under the legislation of otherMemberStates shall be taken into account forthe gr anting of thesebenefits only if completed under a corresponding scheme or, failing that,in the same occupation. The special schemes forself-employed per sons
referred to in this paragraph are listed in Annex IV, part B, for each
MemberState concer ned.
If, account having been taken of the periods thus completed, the person
concerned does not satisfy the conditions for receipt of these benefits,these periods shall be taken into account for the granting of the benefitsunder the general scheme or, failing that, under the scheme applicable to
manual or clerical workers, as the case may be, subject to the condition
that the person concerned has been affiliated to one or other of theseschemes.
Article 39 (11)(14)
Award of benefits
1. The institution of a MemberState whose legislation was applicable
at the time when incapacity for work followed by invalidity occurredshall determine, in accordance with that legislation, whether the personconcerned satisfies the conditions for entitlement to benefits, takingaccount, 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 accordance
with 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 the
existence of members of the family other than the children, thecompetent institution shall also take into consideration those members ofthe family of the person concerned who are residing in the territory ofanother Member State, as if they were residing in the territory of the
competent State.
5. If the legislation referred to in paragraph 2 or 3 lays down
provisions for the reduction, suspension or withdrawal of benefits in thecase of overlapping with other income or with benefits of a differentkind within the meaning of Article 461 (2), Article 46a (3) and Article46c (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, of
Article 38 and/or Article 25 (2). The institution of the country of
residence shall be responsible for paying these benefits.
Where that institution applies legislation providing for deduction of
contributions payable by unemployed persons to cover invaliditybenefits, it shall be authorized to make such deductions in accordancewith the provisions of its legislation.1971R1408 — EN — 01.09.2001 — 002.001 — 27
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If the legislation which that institution administers provides for the
calculation of benefits to be based on wages orsalar ies, the institutionshall take into account the wages or salaries received in the last country
of employment and in the country of residence in accordance with the
legislation 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-employed person who suffers
incapacity forwor k leading to invalidity while subject to a legislationlisted in Annex IV, part A, shall receive benefits in accordance with the
provisions of Article 37 (1) on the following conditions:
— that he satisfies the conditions of that legislation orotherlegislations
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-age benefits, account being
taken of the second sentence of Article 44 (2).
3. (a) For the purpose of determining the right to benefits under the
legislation of a MemberState, listed in Annex IV, par t A, which
makes the granting of invalidity benefits conditional upon the
person 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 anotherMember
State, account shall be taken of the following, without prejudice
to 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 benefits
within the meaning of this Chapter2 and of Chapter3 that
follows, of the Regulation granted in respect of invalidityunderthe legislation of the second MemberState.
as if it were a period during which cash sickness benefits were
paid to him underthe legislation of the fir st MemberState 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 by1971R1408 — EN — 01.09.2001 — 002.001 — 28
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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 of thesecond MemberState,
or
(ii) the day following the last day on which the person concerned
is entitled to cash sickness benefits underthe legislation of
the second MemberState.
4. A decision taken by an institution of a MemberState concer ning
the degree of invalidity of a claimant shall be binding on the institution
of 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-employed person is receiving benefits under the
legislation of a single MemberState, the following pr ovisions shallapply:
(a) if the person concerned has not been subject to the legislation of
anotherMemberState since r eceiving benefits, the competentinstitution of the first State shall grant the benefits, taking theaggravation into account, in accordance with the provisions of the
legislation 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 into account,in accordance with Article 37 (1) or 40 (1) or (2), as appropriate;
(c) if the total numberof the benefit orbenefits payable under
subparagraph (b) is lower than the amount of the benefit which theperson concerned was receiving at the expense of the institutionpreviously liable for payment, such institution shall pay him asupplement equal to the difference between the two amounts;
(d) if, in the case referred to in subparagraph (b), the institution
responsible for the initial incapacity is a Dutch institution, and if:
(i) the illness which caused the aggravation is the same as the one
which gave rise to the granting of benefits under Dutchlegislation,
(ii) this illness is an occupational disease within the meaning of the
legislation of the Member State to which the person concernedwas last subject and entitles him to payment of the supplement
referred to in Article 60 (1) (b), and
(iii) the legislation or legislations to which the person concerned has
been subject since receiving benefits is or are listed in Annex
IV, part A,
the Dutch institution shall continue to provide the initial benefit after
the aggravation occurs, and the benefit due under the legislation ofthe last Member State to which the person concerned was subjectshall 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 another
Member 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-employed person is receiving benefits under thelegislation of two or more Member States, the benefits shall be granted1971R1408 — EN — 01.09.2001 — 002.001 — 29
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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 —
Recalculation 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 of
the institution or institutions which were responsible for provision of thebenefits at the time of theirsuspension.
2. If, after withdrawal of benefits, the condition of the person
concerned warrants the granting of further benefits, they shall be grantedin accordance with Article 37 (1) or Article 40 (1) or (2), as appropriate.
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
legislations under which they were granted, and in accordance with
Chapter3.
2. Where a person receiving invalidity benefits can establish a claim
to old-age benefits underthe legislation of one ormor e MemberStates,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 to
which he is entitled underthe legislation which it administer s until the
provisions 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-age
benefits and where the person concerned does not yet satisfy the
conditions 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 inaccor dance with Chapter3 as if that Chapterhad been applicable at thetime when his incapacity for work leading to invalidity occurred, until
the person concerned satisfies the qualifying conditions for old-age
benefit laid down by the national legislations concerned or, where suchconversion is not provided for, as long as he has a right to invaliditybenefits underthe legislation orlegislations concer ned.
4. The invalidity benefits provided under Article 39 shall be
recalculated pursuant to Chapter 3 as soon as the beneficiary satisfies
the qualifying conditions forinvalidity benefits laid down by a
legislation not listed in Annex IV, part A, or as soon as he receivesold-age benefits underthe legislation of anotherMemberState.
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.1971R1408 — EN — 01.09.2001 — 002.001 — 30
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2. However, if the legislation of a Member State makes the
acquisition, liquidation, retention or recovery of the rights to benefitsundera special scheme forcivil ser vants subject to the condition that all
periods of insurance have been completed under one or more special
schemes for civil servants in that Member State, or are regarded by thelegislation of that MemberState as equivalent to such per iods, accountshall be taken only of the periods which can be recognised under thelegislation in that MemberState.
If, account having been taken of the periods thus completed, the person
concerned does not satisfy the conditions for the receipt of these
benefits, these periods shall be taken into account for the granting of the
benefits 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 person
concerned was subject to that legislation.
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 ormor e MemberStates, orofhis survivors, shall be determined in accordance with the provisions ofthis Chapter.
2. Save as otherwise provided in Article 49, the processing of a claim
for an award submitted by the person concerned shall have regard to allthe legislations to which the employed orself-employed per son has been
subject. Exception shall be made to this rule if the person concerned
expressly asks for postponement of the award of old-age benefits towhich he would be entitled underthe legislation of one ormor e MemberStates.
3. This chaptershall not apply to incr eases in orsupplements to
pensions in respect of children or to orphans' pensions to be granted inaccordance with the provisions of Chapter 8.
Article 45 (11) (14)
Consideration of periods of insurance or of residence completed under the
legislations to which an employed person or self-employed person was
subject, 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 legislation
of any otherMemberState, be it undera gener al scheme orundera
special scheme and eitheras an employed per son ora self-employedperson. For that purpose, it shall take account of these periods as if theyhad completed underits 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 scheme foremployed persons or, where appropriate, in a specific employment,1971R1408 — EN — 01.09.2001 — 002.001 — 31
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periods completed under the legislation of other Member States shall be
taken into account forthe gr anting of these benefits only if completedunder a corresponding scheme or, failing that, in the same occupation or,
where appropriate, in the same employment. If, account having been
taken 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 or
clerical workers, as the case may be, subject to the condition that the
person 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 of other
MemberStates shall be taken into account forthe gr anting of thesebenefits only if completed under a corresponding scheme or, failing that,in the same occupation. The special schemes forself-employed per sonsreferred to in this paragraph are listed in Annex IV, part B, for eachMember State concerned. If, account having been taken of the periods
referred to in this paragraph, the person concerned does not satisfy the
conditions for receipt of these benefits, these periods shall be taken intoaccount for the granting of the benefits under the general scheme or,failing this, under the scheme applicable to manual or clerical workers,as the case may be, subject to the condition that the person concerned
has been affiliated to one orotherof these schemes.
4. The periods of insurance completed under a special scheme of a
Member State shall be taken into account under the general scheme or,failing that, under the scheme applicable to manual or clerical workers,as the case may be, of anotherMemberState forthe acquisition,retention or recovery of the right to benefits, subject to the condition that
the person concerned has been affiliated to one or other of these
schemes, 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 person
concerned 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 State
concerned.
6. A period of full employment of a worker to whom Article 81 (1)
(a) (ii) or(b) (ii), fir st 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 his
last 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 anotherMemberState.1971R1408 — EN — 01.09.2001 — 002.001 — 32
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Article 46 (11)
Award of benefits
1. Where the conditions required by the legislation of a Member State
forentitlement to benefits have been satisfied without having to applyArticle 45 or Article 40 (3), the following rules shall apply:
(a) the competent institution shall calculate the amount of the benefit
that would be due:
(i) on the one hand, only underthe pr ovisions 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 calculation,apart from differences arising from the use of round figures, is equalto 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 in
Articles 46b and 46c or if the aforementioned institution applies a
legislation 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 residence
completed under that legislation alone to the periods of insurance or
of 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 of Article45 and or Article 40 (3), the following rules shall apply:
(a) the competent institution shall calculate the theoretical amount of
the benefit to which the person concerned could lay claim provided
all periods of insurance and/or of residence, which have been
completed underthe legislation of the MemberStates to which theemployed person or self-employed person was subject, have beencompleted in the State in question underthe legislation which itadministers on the date of the award of the benefit. If, under thislegislation, the amount of the benefit is independent of the duration
of the periods completed, the amount shall be regarded as being the
theoretical amount referred to in this paragraph;
(b) the competent institution shall subsequently determine the actual
amount of the benefit on the basis of the theoretical amount referredto in the preceding paragraph in accordance with the ratio of the
duration of the periods of insurance or of residence completed
before 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 MemberStates concer ned.
3. The person concerned shall be entitled to the highest amount
calculated in accordance with paragraphs 1 and 2 from the competentinstitution of each MemberState without pr ejudice to any application of
the provisions concerning reduction, suspension or withdrawal provided
forby the legislation underwhich 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 or moreMember States under the provisions of a multilateral social securityconvention referred to in Article 6 (b) does not exceed the total whichwould be due from such Member States under paragraphs 1 to 3, theperson concerned shall benefit from the provisions of this Chapter.1971R1408 — EN — 01.09.2001 — 002.001 — 33
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Article 46a (11)
General provisions relating to reduction, suspension or withdrawal applic-
able to benefits in respect of invalidity, old age or survivors under the
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 onthe 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 be regarded
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 MemberState in the case of over lapping of a benefit inrespect of invalidity, old age or survivors with a benefit of the same kind
ora benefit of a differ ent kind orwith otherincome:
(a) account shall be taken of the benefits acquired under the legislation
of anotherMemberState orof otherincome acquir ed 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
applicable underthe legislation of only one MemberState on
account of the fact that the person concerned receives benefits of asimilarordiffer ent kind payable underthe legislation of otherMember States or other income acquired within the territory of otherMemberStates, the benefit payable underthe legislation of the fir stMemberState may be r educed only within the limit of the amount of
the benefits payable underthe legislation orthe income acquir ed
within the 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 MemberState 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 MemberState 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 of insuranceof 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 a
benefit:
(i) eitherwith a benefit of the same kind, except wher e an
agreement has been concluded between two or more MemberStates providing that one and the same credited period may not
be taken into account two ormor e times;
(ii) or with a benefit of the type referred to in (a).1971R1408 — EN — 01.09.2001 — 002.001 — 34
▼B
The benefits referred to in (a) and (b) and agreements are mentioned in
Annex IV, part D.
Article 46c (11)
Special provisions applicable in the case of overlapping of one or more
benefits referred to in Article 46a (1)with one or more benefits of a different
kind or with other income, where two or more Member States 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 orwithdrawal provided for by the legislation of the Member States
concerned shall be divided by the number of benefits subject to
reduction, suspension 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 other
MemberStates orotherincome and all otherelements pr ovided forby
the legislation of the MemberState forthe application of the pr ovisionsin 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 concerned shall
be divided by the numberof benefits subject to r eduction,
suspension orwithdr awal;
(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 MemberState pr ovides that, forthe application of
provisions 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 the
legislation of anotherMemberState, orof otherincome.
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
consideration this maximum period instead of the total length of the
periods 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. Thisprovisions shall not apply to benefits, the amount of which does notdepend on the length of insurance;1971R1408 — EN — 01.09.2001 — 002.001 — 35
▼B
(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
calculated on the basis of average earnings, an average contribution,
an average increase or on the relation which existed, during theperiods of insurance, between the claimant's gross earnings and theaverage gross earnings of all insured persons other than apprentices,such average figures or relations shall be determined by the
competent institution of that State solely on the basis of the periods
of insurance completed under the legislation of the said State, or thegross earnings received by the person concerned during thoseperiods only;
(d) where, under the legislation of a Member State, benefits are
calculated on the basis of the amount of earnings, contributions or
increases, the competent institution of the State shall determine the
earnings, contributions and increases to be taken into account inrespect of the periods of insurance or residence completed under thelegislation of otherMemberStates on the basis of the aver ageearnings, contributions or increases recorded in respect of the
periods of insurance completed under the legislation which it
administers;
(e) where, under the legislation of a Member State, benefits are
calculated on the basis of standard earnings or a fixed amount, thecompetent institutions of that State shall considerthe standar dearnings or the fixed amount to be taken into account by it in respect
of periods of insurance or residence completed under the legislations
of 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 ofinsurance completed under the legislation which it administers;
(f) where, under the legislation of a Member State, benefits are
calculated for some periods on the basis of the amount of earningsand, 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 legislations ofotherMemberStates, take into account the ear nings orfixed
amounts 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 the
periods of insurance or residence completed under the legislations of
otherMemberStates as being equal to the national ear ningscorresponding to the standard earnings or fixed amounts;
(g) where, under the legislation of a Member State, benefits are
calculated on the basis of average contributions, the competent
institution shall determine that average by reference only to those
periods of insurance completed under the legislation of the saidState.
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 residence
completed underthe legislation of otherMemberStates.
3. If, underthe legislation of a MemberState, the amount of benefits
is determined taking into account the existence of members of the family
otherthan childr en, the competent institution of that State shall also takeinto consideration those members of the family of the person concernedwho are residing in the territory of another Member State as if they wereresiding 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 of1971R1408 — EN — 01.09.2001 — 002.001 — 36
▼B
Article 45 (6) have been applied, and if, in this Member State, only
periods of full unemployment with benefit in accordance with Article 71(1) (a) (ii) or the first sentence of Article 71 (1) (b) (ii) are taken into
consideration for the payment of pensions, the competent institution of
that MemberState shall pay the pension on the basis of the salar y it usedas the reference for providing that unemployment benefit in accordancewith 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 MemberStates concer ned
shall take into account the periods referred to in paragraph 1, for the
purposes of applying Article 46 (2) excepting subparagraph (b).
3. If the effect of applying paragraph 1 would be to relieve all the
institutions of the MemberStates concer ned of theirobligations, benefitsshall be awarded exclusively under the legislation of the last of thoseStates whose conditions are satisfied, as if all the periods of insurance
and residence completed and taken into account in accordance with
Article 45 (1) to (4) had been completed under the legislation of thatState.
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 periods of
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 forthe pr ovisions of benefits by all the legislationsof the MemberStates to which he has been subject, taking into account
where appropriate Article 45 and/or Article 40 (3), but satisfies the
conditions orone ormor e of them only, the following pr ovisions shallapply:
(a) each of the competent institutions administering a legislation whose
conditions are satisfied shall calculate the amount of the benefit due,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 for thepurposes of Article 46 (2) unless taking account of the saidperiods makes it possible to determine a higher amount of
benefit;
(ii) if the person concerned satisfies the conditions of one legislation
only without having recourse to periods of insurance orresidence completed under the legislations whose conditionsare not satisfied, the amount of the benefit due shall, inaccordance with Article 46 (1) (a) (i), be calculated only in
accordance with the provisions of the legislation whose
conditions are satisfied, taking account of the periods completedunderthat legislation only, unless taking account of the per iodscompleted underthe legislations whose conditions ar e notsatisfied makes it possible, in accordance with Article 46 (1) (a)(ii), to determine a higher amount of benefit.1971R1408 — EN — 01.09.2001 — 002.001 — 37
▼B
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 of
Article 44 (2).
2. The benefit orbenefits awar ded underone ormor e of the
legislations in question, in the case referred to in paragraph 1, shall be
recalculated automatically in accordance with Article 46, as and when
the 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 under the
legislation of one ormor e MemberStates which had until than been
postponed 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 conditions
required by one or more of the legislations concerned are no longer
satisfied.
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 minimum
laid 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 minimum
benefit fixed by that legislation for a period of insurance or residence
equal 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 benefits
payable underthis Chapterand 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 orsalar ies orotherr easons foradjustment, the benefits of
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 otherhand, if the method of deter mining benefits orthe
rules for calculating benefits should be altered, a recalculation shall becarried out in accordance with Article 46.
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 special scheme
forcivil ser vants.
2. However, if the legislation of a Member State makes the
acquisition, liquidation, retention or recovery of the rights to benefits
undera special scheme forcivil ser vants subject to the condition that all
periods of insurance have been completed under one or more specialschemes for civil servants in that Member State, or are regarded by thelegislation of that MemberState as equivalent to such per iods, accountshall be taken only of the periods which can be recognised under thelegislation in that MemberState.1971R1408 — EN — 01.09.2001 — 002.001 — 38
▼M3
▼M3
If, account having been taken of the periods thus completed, the person
concerned does not satisfy the conditions for the receipt of thesebenefits, these periods shall be taken into account for the granting of the
benefits under the general scheme or, failing that, the scheme applicable
to 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 into
account for the purposes of the calculation only those salaries, duly
revalued, received during the period or periods for which the personconcerned was subject to that legislation.
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-employed person who sustains an accident at work
or contracts an occupational disease, and who is residing in the territory
of a MemberState otherthan the competent State, shall r eceive in the
State 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 were
insured with it;
(b) cash benefits provided by the competent institution in accordance
with the provisions of the legislation which it administers. However,by agreement between the competent institution and the institution
of the place of residence, these benefits may be provided by the
latter institution on behalf of the former in accordance with thelegislation 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 legislationof that State, even if he has already received benefits before transferringhis residence.1971R1408 — EN — 01.09.2001 — 002.001 — 39
▼B
▼B
Article 55
Stay outside the competent State — Return to or transfer of residence to
another Member State after sustaining an accident or contracting an
occupational disease — Need to go to another Member State in order to
receive appropriate treatment
1. An employed orself-employed per son who sustains an accident at
work or contracts an occupational disease and:
(a) who is staying in the territory of a Member State other than the
competent State;
or
(b) who, afterhaving become entitled to benefits char geable to the
competent institution, is authorized by that institution to return to theterritory of the Member State where he is resident, or to transfer hisplace of residence to the territory of another Member State;
or
(c) who is authorized by the competent institution to go to the territory
of another Member State in order to receive there the treatmentappropriate to his condition;
shall be entitled:
(i) to benefits in kind provided on behalf of the competent institution
by the institution of the place of stay or residence in accordance withthe provisions of the legislation administered by that institution as
though he were insured with it, the period during which benefits are
provided shall, however, be governed by the legislation of thecompetent 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 latter
institution on behalf of the former institution, in accordance with 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 would beprejudicial to his state of health or to the medical treatment being given.
The authorization required under paragraph 1 (c) may not be refused
where the treatment in question cannot be given to the person concerned
in 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 occurred inthe 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 activity
which by its nature is likely to cause that disease, the benefits that he orhis survivors may claim shall be awarded exclusively under thelegislation of the last of those States whose conditions are satisfied,taking into account, where appropriate, paragraphs 2 to 5.
2. If, underthe legislation of a MemberState, the gr anting of benefits
in respect of an occupational disease is subject to the condition that the
disease in question was first diagnosed within its territory, suchcondition shall be deemed to be satisfied if the disease was firstdiagnosed in the territory of another Member State.
3. If, underthe legislation of a MemberState, the gr anting of benefits
in respect of an occupational disease is subject to the condition that the1971R1408 — EN — 01.09.2001 — 002.001 — 40
▼B
disease in question was diagnosed within a specific time limit following
cessation of the last activity which was likely to cause such a disease,the competent institution of that State, when checking the time at which
such activity was pursued, shall take into account, to the extent
necessary, similar activities pursued under the legislation of any otherMemberState, as if they had been pur sued underthe legislation of thefirst State.
4. If, underthe legislation of a MemberState, the gr anting of benefits
in respect of an occupational disease is subject to the condition that anactivity likely to cause the disease in question was pursued for a certainlength of time, the competent institution of the State shall take intoaccount, to the extent necessary, periods during which such activity was
pursued under the legislation of any other Member State, as if it had
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 of
the 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-age insuranceor residence referred to in Article 45 (1) completed under the legislationof each of the States bears to the total length of the periods of old-age
insurance or residence completed under the legislation of all the States at
the dates on which the benefits commenced.
6. The Council shall determine unanimously, on a proposal from the
Commission, the occupational diseases to which the provisions of
paragraph 5 shall be extended.
Article 58
Calculation of cash benefits
1. The competent institution of a MemberState whose legislation
provides that the calculation of cash benefits shall be based on average
earnings shall determine such average earnings exclusively by referenceto earnings confirmed as having been paid during the periods completedunderthe said legislation.
2. The competent institution of a MemberState 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 underthe said legislation.
3. The competent institution of a MemberState 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 of
another Member State, as if they were residing in the territory of the
competent 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 MemberState whose legislation
provides for meeting the costs of transporting a person who hassustained an accident at work or is suffering from an occupationaldisease, eitherto his place of r esidence orto a hospital, shall meet such
costs to the corresponding place in the territory of another Member State
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 MemberState 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 the1971R1408 — EN — 01.09.2001 — 002.001 — 41
▼B
corresponding place in the territory of another Member State, where the
person was residing at the time of the accident.
Section 2
Aggravation of an occupational disease for which the benefit has
been awarded
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 receiving benefitunderthe legislation of a MemberState, the following r ules shall apply:
(a) if the person concerned has not, while in receipt of benefits, been
engaged in an occupation underthe legislation of anotherMemberState likely to cause oraggr avate the disease in question, thecompetent institution of the first Member State shall be bound to
meet the cost of the benefits underthe pr ovisions of the legislation
which it administers taking into account the aggravation;
(b) if the person concerned, while in receipt of benefits, has pursued
such an activity underthe legislation of anotherMemberState, thecompetent institution of the first Member State shall be bound tomeet the cost of the benefits underthe legislation which it
administers without taking the aggravation into account. The
competent institution of the second MemberState shall gr ant asupplement to the person concerned, the amount of which shall beequal to the difference between the amount of benefits due after theaggravation and the amount which would have been due prior to theaggravation under the legislation which it administers if the disease
in question had 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 pneumoconiosis orfrom a disease determined under Article 57 (6) is not entitled tobenefits underthe legislation of the second MemberState, thecompetent institution of the first Member State shall be bound to
provide benefits under the legislation which it administers, taking
the aggravation into account. The competent institution of thesecond Member State shall, however, meet the cost of the differencebetween the amount of cash benefits, including pensions, due fromthe competent institution of the first Member State, taking the
aggravation into account, and the amount of the corresponding
benefits which were due prior to the aggravation;
(d) the provisions for reduction, suspension or withdrawal laid down by
the legislation of a MemberState shall not apply to per sonsreceiving 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 underthe legislation which it administer s taking the
aggravation 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 the
legislation of one of the MemberStates in which he had alr eady
pursued an activity of the same nature or under the legislation ofanotherMemberState, 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.1971R1408 — EN — 01.09.2001 — 002.001 — 42
▼B
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 person
concerned 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 residenceresponsible 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 employerorby the insur erinvolved.
5. Where the legislation of a Member State provides expressly or by
implication that accidents at work or occupational diseases which have
occurred or have been confirmed previously shall be taken into
consideration in order to assess the degree of incapacity, to establish aright to any benefit, or to determine the amount of benefit, thecompetent institution of that MemberState shall also take intoconsideration accidents at work or occupational diseases which haveoccurred or have been confirmed previously under the legislation of
another Member State as if they had occurred or had been confirmed
underthe legislation which it administer s.
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 into
consideration in order to assess the degree of incapacity, to establish the
right to any benefit, or to determine the amount of such benefit, thecompetent institution of that MemberState shall also take intoconsideration accidents at work or occupational diseases which haveoccurred or have been confirmed subsequently under the legislation of
another Member State, as if they had occurred or had been confirmed
under the legislation which it administers, but only where:
(1) no compensation is due in respect of the accident at work or the
occupational disease which had occurred or had been confirmedpreviously under the legislation which it administers;
and
(2) no compensation is due by virtue of the legislation of the other
MemberState underwhich the accident at wor k orthe 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 or self-employed persons covered by Article 52 or 55 (1) shall be those of thescheme for manual workers in the steel industry. However, if that1971R1408 — EN — 01.09.2001 — 002.001 — 43
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legislation includes a special scheme for workers in mines and similar
undertakings, the provisions of that scheme shall apply to that categoryof workers where the institution of the place of stay or residence to
which they submit theirclaim is competent to administerthat scheme.
2. If the legislation of a MemberState fixes a maximum per iod
during which benefits may be granted, the institution which administers
that legislation may take into account any period during which thebenefits have already been provided by the institution of anotherMemberState.
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 the
provisions 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 theimplementing Regulation referred to in Article 98, on proof of actualexpenditure.
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.
Section 5
Students
Article 63a
The provisions of Sections 1 to 4 shall apply by analogy to students.
CHAPTER 5
DEATH GRANTS
Article 64
Aggregation of periods of insurance or residence
The competent institution of a MemberState whose legislation makes
the acquisition, retention or recovery of the right to death grants subject
to the completion of periods of insurance or residence shall take account,
to the extent necessary, of periods of insurance or residence completedunderthe legislation of any otherMemberState as though they had beencompleted underthe legislation which it administer s.
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 orself-employed per son, a pensionerora
pension claimant, or a member of his family, dies in the territory of aMemberState otherthan 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 the
competent State.
3. The provisions of paragraphs 1 and 2 shall also apply when the
death is the result of an accident at work or an occupational disease.1971R1408 — EN — 01.09.2001 — 002.001 — 44
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Article 66
Provision of benefits in the event of the death of a pensioner who had resided
in a Member State other than the one whose institution was responsible for
providing benefits in kind
In the event of the death of a pensionerwho was entitled to a pension
underthe legislation of one MemberState, orto pensions underthe
legislations of two ormor e MemberStates, when such pensionerwas
residing in the territory of a Member State other than the one whoseinstitution was responsible for providing him with benefits in kind underthe 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 pensionerhad been r esiding
in the territory of the Member State of that institution at the time of his
death.
The provisions of the preceding paragraph shall apply by analogy to the
members of the family of a pensioner.
Article 66a
Students
The provisions of Articles 64 to 66 shall apply by analogy to students
and the members of their family.
CHAPTER 6
UNEMPLOYMENT BENEFITS
Section 1
Common provisions
Article 67
Aggregation of periods of insurance or employment
1. The competent institution of a MemberState 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 legislation
which it administers, provided, however, that the periods of employment
would have been counted as periods of insurance had they beencompleted underthat legislation.
2. The competent institution of a MemberState 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 employment
completed as an employed person under the legislation of any other
Member State, as though they were periods of employment completedunderthe legislation which it administer s.
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 to thecondition 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.1971R1408 — EN — 01.09.2001 — 002.001 — 45
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Article 68
Calculation of benefits
1. The competent institution of a MemberState whose legislation
provides 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 than
fourweeks, the benefits shall be calculated on the basis of the nor mal
wage or salary corresponding, in the place where the unemployed personis r esiding orstaying, to an equivalent orsimilaremployment to his lastemployment in the territory of another Member State.
2. The competent institution of a MemberState 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 competent
State. This provision shall not apply if, in the country of residence of the
members of the family, another person is entitled to unemploymentbenefits for the calculation of which the members of the family are takeninto 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 orself-employed per son who is wholly unemployed
and who satisfies the conditions of the legislation of a MemberState forentitlement to benefits and who goes to one ormor e otherMember
States in order to seek employment there shall retain his entitlement to
such benefits underthe 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 orinstitutions may authorize his departure before such time hasexpired.
(b) He must register as a person seeking work with the employment
services of each of the Member States to which he goes and be
subject to the control procedure organized therein. This conditionshall be considered satisfied for the period before registration 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 the
competent services or institutions.
(c) Entitlement to benefits shall continue for a maximum period of three
months from the date when the person concerned ceased to 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 such
duration shall, moreover, be limited to the period remaining until the
end of the season forwhich 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 the
provisions of paragraph 1 (c), he shall continue to be entitled to benefitsunderthe legislation of that State; he shall lose all entitlement to benefitsunder the legislation of the competent State if he does not return therebefore the expiry of that period. In exceptional cases, this time limit maybe extended by the competent services or institutions.1971R1408 — EN — 01.09.2001 — 002.001 — 46
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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 down inparagraph 1 (c), shall not requalify for benefits in that country until hehas 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 MemberState to whose legislation an
employed orself-employed per son 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 theimplementing Regulation referred to in Article 98, on proof of actualexpenditure, or by lump sum payments.
3. Two ormor e MemberStates, orthe competent author ities of those
States, may provide for other methods of reimbursement or payment, ormay waive all reimbursement between the institutions coming undertheirjur isdiction.
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 Member
State 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 in
accordance 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 competentinstitution.
(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 he hadbeen subject to that legislation while last employed; thesebenefits shall be provided by the institution of the place of
residence at its own expense.
(b) (i) An employed person, other than a frontier worker, who is
partially, intermittently or wholly unemployed and who remains
available to his employerorto the employment ser vices in theterritory of the competent State shall receive benefits inaccordance with the provisions of the legislation of that Stateas though he were residing in its territory; these benefits shall be
provided by the competent institution.
(ii) An employed person, other than a frontier worker, who is
wholly unemployed and who makes himself available forwor kto the employment services in the territory of the Member Statein which he resides, or who returns to that territory, shall receive
benefits in accordance with the legislation of that State as if he
had last been employed there; the institution of the place ofresidence shall provide such benefits at its own expense.However, if such an employed person has become entitled tobenefits at the expense of the competent institution of theMemberState to whose legislation he was last subject, he shall1971R1408 — EN — 01.09.2001 — 002.001 — 47
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receive benefits under the provisions of Article 69. Receipt of
benefits underthe legislation of the State in which he r esidesshall be suspended for any period during which the unemployed
person may, under the provisions of Article 69, make a claim for
benefits underthe legislation to which he was last subject.
2. An unemployed person may not claim benefits under the
legislation of the Member State in whose territory he resides while he
is entitled to benefits under the provisions of paragraph 1 (a) (i) or (b)(i).
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 unemployed person
who is covered by a special unemployment scheme for civil servants,
who is partially or wholly unemployed, and who, during his lastemployment, was residing in the territory of a Member State other thanthe competent State, shall receive benefits in accordance with theprovisions of the legislation of the competent State as if he were residingin the territory of that State; these benefits shall be provided by the
competent institution, at its expense.
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 orself-employment, the competent institution of that Stateshall take into account for this purpose, to the extent necessary, periodsof insurance, employment or self-employment completed in any other
Member State, as if they were periods completed under the legislation
which it administers.
Article 72a (9) (14)
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 of
Article 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 orself-employed per son subject to the legislation of a
Member State shall be entitled, in respect of the members of his family1971R1408 — EN — 01.09.2001 — 002.001 — 48
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who are residing in another Member State, to the family benefits
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 of
which the employed orself-employed per son is subject and, in the casesreferred to in Article 74, by the competent institution of the State underthe legislation of which an unemployed person who was formerlyemployed orself-employed r eceives unemployment benefits. They shall
be provided in accordance with the provisions administered by such
institutions, whetherornot the natur al orlegal per son to whom suchbenefits are payable is residing or staying in the territory of thecompetent State orin that of anotherMemberState.
2. However, if the family benefits are not used by the person to
whom they should be provided for the maintenance of the members of
the family, the competent institution shall discharge its legal obligations
by 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 theirplace of r esidence orof thedesignated institution orbody appointed forthis pur pose by the
competent 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 underthe legislation of those States orof one ofthose States to the natural or legal person actually maintaining themembers of the family, either directly or through the agency of the
institution of theirplace of r esidence.
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 for
by the legislation of the Member State in whose territory the members ofthe 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 provided for
in the legislation of the first Member State.
2. If an application forbenefits is not made in the MemberStates in
whose territory the members of the family are residing, the competentinstitution of the otherMemberState may apply the pr ovisions ofparagraph 1 as if benefits were granted in the first Member State.
Article 76a
Students
The provisions of Article 72 shall apply by analogy to students.1971R1408 — EN — 01.09.2001 — 002.001 — 49
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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, invalidity
or an accident at work or occupational disease, and increases orsupplements to such pensions in respect of the children of suchpensioners, with the exception of supplements granted under insuranceschemes foraccidents at wor k and occupational diseases.
2. Benefits shall be granted in accordance with the following rules,
irrespective of the Member State in whose territory the pensioner or the
children are residing:
(a) to a pensionerwho dr aws a pension underthe legislation of one
MemberState only, in accor dance with the legislation of the
MemberState r esponsible forthe pension;
(b) to a pensioner who draws pensions under the legislation of more
than one MemberState:
(i) in accordance with the legislation of whichever of these States he
resides in provided that, taking into account, where appropriate,the provisions of Article 79 (1) (a), a right to one of the benefitsreferred to in paragraph 1 is acquired under the legislation of thatState;
or
ii) in othercases in accor dance with the legislation of the Member
State to which he has been subject forthe longest per iod of time,provided that, taking into account, where appropriate, theprovisions of Article 79 (1) (a), a right to one of the benefitsreferred to in paragraph 1 is acquired under such legislation; if noright to benefit is acquired under that legislation, the conditions
forthe acquisition of such r ight underthe legislations of the other
Member States concerned shall be examined in decreasing orderof the length of periods of insurance or residence completedunderthe legislation of those MemberStates.
Article 78
Orphans
1. The term ‘benefits’, for the purposes of this Article, means family
allowances and, where appropriate, supplementary or special allowancesforor phans.
2. Orphans' benefits shall be granted in accordance with the following
rules, irrespective of the Member State in whose territory the orphan or
the natural or legal person actually maintaining him is resident:
(a) for the orphan of a deceased employed or self-employed person who
was subject to the legislation of one MemberState only in
accordance 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 into account,where appropriate, the provisions of Article 79 (1) (a), a right toone of the benefits referred to in paragraph 1 is acquired underthe legislation of that State;
(ii) in othercases in accor dance with the legislation of the Member
State to which the deceased had been subject forthe longestperiod of time, provided that, taking into account, whereappropriate, the provisions of Article 79 (1) (a), the right to one1971R1408 — EN — 01.09.2001 — 002.001 — 50
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of the benefits referred to in paragraph 1 is acquired under the
legislation of that State; if no right is acquired under thatlegislation, the conditions forthe acquisition of such r ight under
the legislations of the otherMemberStates shall be examined in
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's
children shall remain applicable after the death of the said pensioner inrespect of the provisions of the benefits to his orphans.
Article 78a
Orphans' pensions, except those granted under insurance schemes for
accidents at work and occupational diseases, shall be treated as
‘benefits’ within the scope of Article 78(1) if the deceased was at anytime covered by a scheme which provides only family allowances orsupplementary or special allowances for orphans. These schemes arelisted in Annex VIII.
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 byapplying the provisions of those Articles by the institution responsibleforadminister ing such legislation and at its expense as if the pensioner
orthe deceased had been subject only to the legislation of the competent
State.
However:
(a) if that legislation provides that the acquisition, retention or recovery
of the right to benefits shall be dependent on the length of periods ofinsurance, employment, self-employment or residence such length
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, orshall depend
on the length of periods of insurance the amount of these benefitsshall be calculated on the basis of the theoretical amount determinedin 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 several Member
States competent, the length of the periods being equal, benefits within
the meaning of Article ►
M577, 78 or78a ◄, as the case may be,
shall be granted in accordance with the legislation of the Member Statesto which the pensionerorthe 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 orfamily allowances underthe legislation of a MemberState byvirtue of the pursuit of a professional or trade activity. In such a case, thepersons concerned shall be considered as members of the family of anemployed orself-employed per son.1971R1408 — EN — 01.09.2001 — 002.001 — 51
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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 orr esidence have also been completedundera gener al scheme, then benefits due underthat gener al schemeshall be paid in accordance with the provisions of Chapter 8
►
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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 equivalentto such periods, shall, where appropriate, be taken into account for theacquisition, retention or recovery of the rights to benefit in accordance
with the legislation of that general scheme.
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 represen-
tative of each of the Member States, assisted, where necessary, by expert
advisers. A representative of the Commission shall attend the meetingsof 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
interpretation arising from the provisions of this Regulation andsubsequent Regulations, or from any agreement or arrangementconcluded thereunder, without prejudice to the right of the
authorities, institutions and persons concerned to have recourse to
the procedures and tribunals provided for by the legislations ofMemberStates, by this Regulation orby the Tr eaty;
(b) to carry out all translations of documents relating to the
implementation of this Regulation at the request of the competent
authorities, institutions and tribunals of the Member States, and in
particular translations of claims submitted by persons who may beentitled to benefit underthe pr ovisions of this Regulation;
(c) to fosterand develop cooper ation between MemberStates in social
security matters, particularly in respect of health and social measuresof common interest;1971R1408 — EN — 01.09.2001 — 002.001 — 52
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(d) to fosterand develop cooper ation between MemberStates by
modernizing procedures for exchange of information, in particularby adapting the information flow between institutions for the
purpose of telematic exchange, taking account of the development of
data processing in each Member State. The main aim of suchmodernization shall be to expedite the award of benefits.
(e) to assemble the factors to be taken into consideration for drawing up
accounts relating to the costs to be borne by the institutions of theMemberStates underthe pr ovisions of this Regulation and to adoptthe 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 anyagreement or arrangement made thereunder;
(g) to submit proposals to the Commission for working out subsequent
Regulations and forthe r evision 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 memberof the Administr ative 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 foreach MemberState.
2. Members of the Advisory Committee and their alternates shall be
appointed by the Council which shall endeavour, when selectingrepresentatives of trade unions and employers' organizations, to achievean equitable 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 in
social security matters. Furthermore, the Committee shall receive
technical assistance from the International Labour Office under thesame conditions as the Administrative Commission, under the terms ofthe agreement concluded between the European Community and theInternational Labour Organization.1971R1408 — EN — 01.09.2001 — 002.001 — 53
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7. The opinions and proposals of the Advisory Committee must state
the reasons on which they are based. They shall be delivered by anabsolute majority of the votes validly cast.
The Committee shall, by a majority of its members, draw up its rules of
procedure which shall be approved by the Council, after receiving the
opinion 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 oron 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 theirlegislation which ar e likely to affect the
implementation of this Regulation.
2. For the purposes of implementing this Regulation, the authorities
and institutions of MemberStates shall lend theirgood offices and act as
though implementing theirown legislation. The administr ative assis-tance furnished by the said authorities and institutions shall, as a rule, befree of charge. However, the competent authorities of the Member Statesmay agree to certain expenses being reimbursed.
3. The authorities and institutions of Member States may, for the
purpose of implementing this Regulation, communicate directly with
one another and with the persons concerned or their representatives.
4. The authorities, institutions and tribunals of one Member State
may not reject claims or other documents submitted to them on 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) Wher e, underthis Regulation orunderthe implementing
Regulation referred to in Article 98, the authorities or institutionsof a Member State communicate personal data to the authorities
orinstitutions of anotherMemberState, that communication shall
be subject to the legal provisions governing protection of datalaid down by the MemberState pr oviding the data.
Any subsequent transmission as well as the storage, alteration and
destruction of the data shall be subject to the provisions of the
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 concernedor in accordance with the other guarantees provided for bynational legislation.1971R1408 — EN — 01.09.2001 — 002.001 — 54
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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 the
purposes of the legislation of that State shall be extended to similar
documents required to be produced for the purposes of the legislation ofanotherMemberState orof 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.
3. An electronic message sent by an institution in conformity with the
provisions of this Regulation and the implementing Regulation may notbe rejected by any authority or institution of another Member State onthe grounds that it was received by electronic means, once the receivinginstitution has declared its ability to receive electronic messages.
Reproduction and recording of such messages shall be presumed to be a
correct and accurate reproduction of the original document or recordingof the information it relates to, unless there is proof 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 from
one social security institution to another, appropriate security measures
shall be taken in accordance with the relevant Community provisions.
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 MemberState, within a specified period to an authority, institution or tribunal ofthat State shall be admissible if it is submitted within the same period toa corresponding 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 thecompetent authority, institution or tribunal of the former State eitherdirectly or through the competent authorities of the Member Stateconcerned. The date on which such claims, declarations or appeals were
submitted to the authority, institution or tribunal of the Second State
shall be considered as the date of their submission to the competentauthority, institution or tribunal.
2. Where a person entitled to do so under the legislation of a Member
State has submitted to that State a claim forfamily benefits even thoughthat State is not competent by priority right, the date on which that firstapplication was made shall be considered as the date on which it wassubmitted to the competent authority, institution or tribunal, provided
that a new application is submitted in the MemberState which is
competent by priority right by a person entitled to do so under thelegislation of that State. The second application must be submittedwithin a period of one year after notification of the rejection of the firstapplication orthe cessation of payment of benefits in the fir st MemberState.
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, under1971R1408 — EN — 01.09.2001 — 002.001 — 55
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conditions laid down in the implementing Regulation referred to in
Article 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 the
territory 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 for
international payments shall, by mutual agreement, determine the
measures 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 or place ofbusiness of his undertaking is in the territory of a Member State 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 with
the administrative procedure and with the guarantees and privileges
applicable to the collection of contributions payable to the corre-sponding institution of the latterState.
2. The procedure for the implementation of the provisions of
paragraph 1 shall be governed, in so far as is necessary, by theimplementing Regulation referred to in Article 98 or by means ofagreements between Member States. Such implementing proceduresmay also cover procedures for enforcing payment.
Article 93
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
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 the
recipient 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.1971R1408 — EN — 01.09.2001 — 002.001 — 56
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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 anotherMemberState, the pr ovisions of the said legislation which
determine in which cases the civil liability of employers or of the
persons 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 persons
employed 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 a
liable third party shall be governed by the following rules:
(a) Where the institution of the Member State of stay or residence
awards benefits to a person in respect of an injury which wassustained within its territory, that institution, in accordance with thelegislation which it administers, shall exercise the right to
subrogation or direct action against the third party liable to provide
compensation forthe injur y.
(b) Forthe pur pose of implementing (a):
(i) the person receiving benefits shall be deemed to be insured with
the institution of the place of stay orr esidence,
and
(ii) that institution shall be deemed to be the debtorinstitution.
(c) The provisions of paragraphs 1 and 2 shall remain applicable in
respect of any benefits not covered by the waiver agreement referredto 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 orr esidence completed underthe legislation of a Member
State 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 acquiredunderthe pr ovisions of this Regulation.
3. Subject to the provisions of paragraph 1, a right shall be acquired
underthis Regulation even though it r elates 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 itsapplication in the territory of the Member State concerned or in a part ofthe territory of that State, provided that the rights previously determined
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 into1971R1408 — EN — 01.09.2001 — 002.001 — 57
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account the provisions of this Regulation. This provision shall also apply
to the other benefits referred to Article 78.
6. If an application referred to in paragraph 4 or 5 is submitted within
two years from 1 October 1972 or from the date of its application in theterritory of the Member State concerned, the rights acquired under thisRegulation shall have effect from that date, and the provisions of the
legislation of any Member State concerning the forfeiture or limitation
of rights may not be invoked against the persons concerned.
The same provisions shall apply as regards the application of this
Regulation in those territories which became a part of the Federal
Republic of Germany on 3 October 1990 provided that the application
referred to in paragraph 4 or 5 is submitted within two years of 1 June1992.
7. If an application referred to in paragraph 4 or 5 is submitted after
the expiry of the two-year period after 1 October 1972 or following the
date of its application in the territory of the Member State concerned,rights which have not been forfeited or which are not time barred shallhave effect from the date on which the application was submitted, exceptwhere more favourable provisions of the legislation of any Member stateapply.
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 4 or 5 is submitted after two years have elapsed
from 1 June 1992.
8. In case of sclerogenic pneumoconiosis, the provision of Article 57
(5) shall apply to cash benefits foran occupational disease the expenseof which, in the absence of agreement between the institutions
concerned, could not be divided between those institutions before 1
October1972.
9. The family allowances received by employed persons employed in
France or unemployed workers receiving unemployment benefits under
French legislation in respect of the members of their families residing in
anotherMemberState on the date of 15 November1989 shall continueto be paid at the rates, within the limits and according to the proceduresapplicable on that date as long as theiramount exceeds that of thebenefits that would be due as from the date of 16 November 1989 and as
long as the persons concerned are subject to French legislation. Account
shall not be taken of interruptions lasting less than one month nor ofperiods 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 mutual
agreement 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.
2. All insurance periods and, where appropriate, all periods of
employments, of self-employment orof r esidence completed underthelegislation 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.1971R1408 — EN — 01.09.2001 — 002.001 — 58
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3. Subject to paragraph 1, a right shall be acquired under this
Regulation even though it relates to a contingency which materializedprior to 1 July 1982 or to the date of implementation of this Regulation
in the territory of the Member State concerned or in a part of the
territory of that State.
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 State
concerned or in a part of the territory of that State, provided that the
rights 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 orto 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 to
the other benefits referred to in Article 78.
6. If an application referred to in paragraph 4 or 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 theforfeiture or limitation 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 Federal
Republic of Germany on 4 October 1990 provided that the applicationreferred to in paragraph 4 or 5 is submitted within two years of 1 June1992.
7. If an application referred to in paragraph 4 or 5 is submitted after
the expiry of the two-year period from 1 July 1982 or following the dateof implementation of this Regulation in the territory of the Member
State concerned, rights which have not been forfeited or are not barred
by limitation shall have effect from the date on which the applicationwas submitted, except where more favourable provisions of thelegislation of any MemberState 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 application
referred to in paragraph 4 or 5 is submitted after two years have elapsed
from 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 MemberState befor e 1 June 1992 shall be taken into
consideration for the determination of rights to benefits pursuant toRegulation (EEC) No 1248/92.
3. Subject to paragraph 1, a right shall be acquired under Regulation
(EEC) No 1248/92 even though relating to a contingency whichmaterialized 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, be reviewed,taking into account the provisions of Regulation (EEC) No 1248/92.1971R1408 — EN — 01.09.2001 — 002.001 — 59
(1) OJ No L 136, 19. 5. 1992, p. 7.
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5. If an application referred to in paragraph 4 is 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 the
legislation of any Member State concerning the forfeiture of limitation
of rights may not be invoked against the persons concerned.
6. If the application referred to in paragraph 4 is submitted after the
expiry of the two-year period after 1 June 1992, rights which have not
been 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-
employment completed on the territory of a Member State before 1 June
1992 shall be taken into consideration for the determination of rightsacquired under the provisions of Regulation (EEC) No 1247/92.
3. Subject to paragraph 1, a right shall be acquired pursuant to
Regulation (EEC) No 1247/92 even where it relates to a contingency
that occurred before 1 June 1992.
4. All special non-contributory benefits which have not been awarded
or which have been suspended by reason of the nationality of the person
concerned shall, on the application of the person concerned, be awarded
or resumed with effect from 1 June 1992, provided that the rightspreviously determined have not given rise to a lump-sum payment.
5. The rights of persons to whom a pension was awarded prior to 1
June 1992, may, on the application of the persons concerned, be
reviewed, taking account of the provisions of Regulation (EEC) No1247/92.
6. if an application referred to in paragraph 4 or 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 provisions ofthe 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 4 or 5 is submitted after
the expiry of the two-year period after 1 June 1992, rights which havenot been forfeited or which are not time-barred shall have effect 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 MemberState underTitle IIIof Regulation (EEC) No 1408/71 to which Article 10 of the latter
Regulation 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 special non-contributorybenefit awarded as a supplement to a pension, which was submitted by
the person concerned who had satisfied the conditions for the award of
this benefit before 1 June 1992, even where the person concerned resideson the territory of a Member State other than the competent MemberState, provided that the application for the benefit is submitted within aperiod of five years starting from 1 June 1992.
10. Notwithstanding the provisions of paragraph 1, any special non-
contributory benefit, granted as a supplement to a pension, which has notbeen awarded or which has been suspended by reason of the residence ofthe person concerned on the territory of a Member State other than the1971R1408 — EN — 01.09.2001 — 002.001 — 60
(1) OJ No L 136, 19. 5. 1992, p. 1.
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competent MemberState shall, on the application of the per son
concerned, be awarded or resumed with effect from 1 June 1992, inthe first case from the date on which the benefit should have been
awarded, and in the second case on the date of suspension of the benefit.
11. Where special non-contributory benefits as referred to in Article 4
(2a) of Regulation (EEC) No 1408/71 may, during the same period and
for the same person, be granted pursuant to Article 10a of thatRegulation by the competent institution of the MemberState 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 limit
of the highest amount of the special benefit he could claim underone ofthe legislations in question.
12. The detailed rules of application of paragraph 11, and in
particular the application, with regard to the benefits referred to inthat paragraph, of the clauses for reduction, suspension or abolitionprovided for under the legislation of one or more Member States and theallocation of the differential additional amounts shall be set by decision
of the Administrative Commission on Social Security for Migrant
Workers and, where appropriate, by common accord of the MemberStates concerned or their competent authorities.
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 orr esidence completed underthe
legislation of a MemberState befor e 25 October1998 shall be takeninto account for the determination of rights acquired in accordance withthe provisions of Regulation (EC) No 1606/98.
3. Subject to the provisions of paragraph 1, a right shall be acquired
underRegulation (EC) No 1606/98 even if it r elates 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 concerned
shall, at the latter's request, be awarded or resumed from 25 October
1998, 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 79insofaras it applies to Ar ticles 78 and 79a.
6. If the request referred to in paragraph 4 or 5 is lodged within two
years from 25 October 1998, rights deriving from Regulation (EC) No
1606/98 shall be acquired from that date and the provisions of the
legislation of any Member State on the forfeiture or lapse of rights maynot be applied to the persons concerned.
7. If the request referred to in paragraph 4 or 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 anyMemberState.1971R1408 — EN — 01.09.2001 — 002.001 — 61
(1) OJ L 209, 25. 7. 1998, p. 1.▼M3
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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 orr esidence completed underthelegislation of a MemberState befor e 1 May 1999 shall be taken intoaccount for the determination of rights acquired in accordance with the
provisions of this Regulation.
3. Subject to the provisions of paragraph 1, a right shall be acquired
under this Regulation even if it relates to a contingency arising prior to 1
May 1999.
4. Any benefit that has not been awarded or that has been suspended
on account of the nationality or the residence of the person concerned
shall, at the latter's request, be awarded or resumed from 1 May 1999,provided that the rights for which benefits were previously awarded didnot give rise to a lump-sum payment.
5. If the request referred to in paragraph 4 is 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 State
on the forfeiture or lapse of rights may not be applied to the persons
concerned.
6. If the request referred to in paragraph 4 is lodged after expiry of
the period of two years following 1 May 1999, rights not forfeited or
lapsed shall be acquired from the date of such request, subject to anymore favourable provisions of the legislation of any Member State.
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 1September1999.
2. Any period of insurance or residence completed under the
legislation of a MemberState befor e 1 September1999 shall be takeninto account for the determination of rights acquired in accordance with
Regulation (EC) No 1399/1999.
3. The rights of orphans where the parent under whom they are
entitled died before 1 September 1999 may be reviewed at their request
in 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) No 1399/
1999 shall be acquired from that date and the provisions of any MemberState on the forfeiture or lapse of rights may not be applied to thepersons concerned.
5. If the request referred to in paragraph 3 is lodged after expiry of
the 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.1971R1408 — EN — 01.09.2001 — 002.001 — 62
(1) OJ L 164, 30.6.1999, p. 1.▼M5
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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 the scope of
the present Regulation was extended on that date, except in the event ofan 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 Member
State(s) concerned in writing before 1 October 1983. A copy of this
communication 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 of thenotifications referred to in Article 1 (j), the date from which this
Regulation shall apply to the schemes mentioned in the declarations of
the MemberStates.
2. Notifications received in accordance with the provisions of
paragraph 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.1971R1408 — EN — 01.09.2001 — 002.001 — 63
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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 period commencing
on orafter1 September1977, shall be consider ed as an employed
person within the meaning of Article 1 (a) (ii) of the Regulation.
2. Any person who, pursuant to the law on daily cash benefits in the event
of sickness ormater nity, is entitled to such benefits on the basis of an
earned income other than a wage or salary shall be considered a self-
employed person within the meaning of Article 1 (a) (ii) of the
Regulation.
C. GERMANY
If the competent institution for granting family benefits in accordance
with Chapter7 of Title III of the Regulation is a Ger man institution, then
within the meaning of Article 1 (a) (ii) of the Regulation:
(a) ‘employed person’ means compulsorily insured against unemploy-
ment or any person who, as a result of such insurance, obtains cash
benefits under sickness insurance or comparable benefits ►M5or
any established civil servant in receipt of a salary in respect of his/her
civil servant status which is at least equal to that which, in the case of
an employed person, would result in compulsory insurance against
unemployment ◄;
(b) ‘self-employed person’ means any person pursuing self-employment
which is bound:
— to join, or pay contributions in respect of, an old-age insurance
within a scheme forself-employed per sons,
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 compulsorily
insured under the social security scheme in accordance with Article L
311-2 of the Social Security Code and who fulfils the minimum
conditions regarding work or remuneration provided for in Article L
313-1 of the Social Security Code in order to benefit from cash
benefits under sickness insurance, maternity and invalidity cover or the
person who benefits from these cash benefits;
2. ‘self-employed person’ within the meaning of Article 1 (a) (ii) of the
Regulation shall be deemed to mean any person who performs a self-
employed activity and who is required to take out insurance and to pay
old-age benefit contributions to a self-employed persons' scheme.
F. GREECE
1. Persons insured under the OGA scheme who pursue exclusively
activities as employed persons or who are or have been subject to the
legislation of anotherMemberState and who consequently ar e orhave
been ‘employed persons’ within the meaning of Article 1 (a) of the
Regulation are considered as employed persons within the meaning of
Article 1 (a) (iii) of the Regulation.1971R1408 — EN — 01.09.2001 — 002.001 — 64
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2. For the purposes of granting the national family allowance, persons
referred to in Article 1 (a) (i) and (iii) of the Regulation are considered
as employed persons within the meaning of Article 1 (a) (ii) of the
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 the
meaning 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 be
considered respectively as employed or self-employed with the meaning
of 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 considered
respectively as employed or self-employed with 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 legislation
of Northern Ireland shall be regarded respectively as an employed person
or a self-employed person within the meaning of Article 1 (a) (ii) of the
Regulation. Any person in respect of whom contributions are payable as
an ‘employed person’ or a ‘self-employed person’ in accordance with the
legislation of Gibraltar shall be regarded respectively as an employed
person or a self-employed person 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, the
expression ‘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 they are
not themselves entitled persons under the terms of the Regulation;
or
2. a child under 18 years of age in the care of someone who is an entitled
person under the terms of the Regulation.
C. GERMANY
Does not apply.
D. SPAIN
Does not apply.1971R1408 — EN — 01.09.2001 — 002.001 — 65
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E. FRANCE
For the purpose of determining entitlement to family allowances or family
benefits, the term ‘member of the family’ means any person mentioned in
Article L 512-3 of the Social Security Code.
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 the
family’ shall mean any person considered as being a dependent of an
employed person or of a self-employed person for the application of the
Health 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 the
family’ means a spouse ora child as defined by the Sickness Insur ance
Act.
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 the
family’ means a spouse ora child underthe age of 18.
O. UNITED KINGDOM
For the purpose of determining entitlement to benefits in kind the term
‘memberof the family’ means:
1. As regards the legislation of Great Britain and Northern Ireland:
(1) a spouse, provided that:
(a) that per son, whetheremployed orself-employed, oranother
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 orself-employed per son orper son entitled under
the Regulation is:
(i) living togetherwith the per son 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;
or1971R1408 — EN — 01.09.2001 — 002.001 — 66
▼B
▼B
(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 Regulation
is orcould 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 — 01.09.2001 — 002.001 — 67
▼B
ANNEX II (A) (B) (8) (10) (15)
(Article 1 (j) and (u) of the Regulation)
I.Special schemes for self-employed persons excluded from the scope of 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 (Steuerbe-
vollmächtige), sea pilots (Seelotsen) and architects, set up pursuant to
legislation of the Länder, and other insurance and welfare institutions, in
particular welfare (Fürsorgeeinrichtungen) and the system for extending
fee-sharing (erweiterte Honorarverteilung).
D. SPAIN
1. Self-employed persons as referred to in Article 10 (2) (c) of the
Consolidated Text of the General Law on Social Security (Royal
Legislative Decree No 1/1994 of 20 June 1994) and in Article 3 of
Decree No 2530/1970 of 20 August 1970 regulating the special
scheme for self-employed persons who join a professional association
and decide to become members of the mutual insurance society set up
by the said association instead of joining the special social security
scheme forself-employed per sons.
2. Welfare system and/or with the character of social assistance or a
charity, managed by the institutions not subject to the General Law on
Social Security or to the Law of 6 December 1941.
E. FRANCE
1. Self-employed persons outside the agricultural sphere:
(a) The supplementary old-age insurance schemes and the invalidity
and death insurance schemes for self-employed persons, such as
are mentioned in Articles L 658, L 659, L 663-11, L 663-12, L
682 and L 683-1 of the Social Security Code.
(b) The additional benefits referred to in Article 9 of Law No 66.509
of 12 July 1966.
2. Self-employed persons in agriculture:
The types of insurance set out in Articles 1049 and 1234.19 of the
Rural Code, concerning, on the one hand, sickness, maternity and old-
age, on the other, accidents at work and occupational diseases of self-
employed persons in agriculture.
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 the
system for extending fee-sharing (erweiterte Honorarverteilung) for
doctors, veterinary surgeons, barristers and counsel, and civil engineers
(Ziviltechniker).
L. PORTUGAL1971R1408 — EN — 01.09.2001 — 002.001 — 68
▼M1
▼B
▼B
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.
K. AUSTRIA
None
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
A. BELGIUM
None.
B. DENMARK
None.
C. GERMANY
(a) Benefits granted under Länder legislation for the disabled, and in
particular for the blind.1971R1408 — EN — 01.09.2001 — 002.001 — 69
▼M2
▼B
▼B
(b) The social supplement underthe 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 — 01.09.2001 — 002.001 — 70
▼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
treatment.
(b) Accommodation expenses forpensioner s (Law on individual accom-
modation assistance, consolidated by Law No 204 of 29 March 1995).
(c) The temporary benefit for unemployed persons who have been taken on
in a “flexible job" for12 months (ledighedsydelse) (Law No 455 of 10
June 1997)
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 24 July 1981).
(c) Non-contributory invalidity and retirement pensions and dependent child
benefits as provided for in Article 38 (1) (c) and (d) of the Consolidated
Text of the General Law on Social Security, approved by Royal
Legislative Decree No 1/1994 of 20 June 1994.
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 forelder ly (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)).
(d) allowance for persons suffering from congenital haemolytic anaemia
(Law 2362/1995; common ministerial order G4a/F.167/2073/82 and
common ministerial order P47/F.222/225 oik. 4711/94)
(e) allowance forthe deaf and dumb (Exceptional law 421/37; common
ministerial order D 8b 423/73, common ministerial order G4/F/11.2/oik.
1929/82 and common ministerial order G4/F.422/oik. 1142/85)
(f) Allowance for seriously disabled persons (Decree-law 162/73; common
ministerial order G4a/F.225//oik.161).
(g) allowance for spasmophiliacs (Decree-law 162/73; common ministerial
order G4a/F.224/oik. 1434/84)
(h) allowance for persons suffering form (SIC! from) a serious mental
disability (Decree-law 162/73; common ministerial order G4/F.12/oik.1971R1408 — EN — 01.09.2001 — 002.001 — 71
▼M2
▼B
▼M1
▼B
▼M2
▼B
▼M2
▼M2
1930/82, common ministerial order G4b/F.423/oik. 1167/84 and common
ministerial order G4b/F.423/oik.82/oik. 529/85)
(i) allowance forthe blind (Law 958/79)
G. IRELAND
(a) unemployment assistance (Social Welfare (Consolidation) Act 1993, Part
III, Chapter2)
(b) old age and blind pensions (non-contributory) (Social Welfare (Conso-
lidation) Act 1993, Part III, Chapters 4 and 5)
(c) widow's (non-contributory) pension, widower's (non-contributory)
pension and orphan's (non-contributory) pension. (Social Welfare
(Consolidation) Act 1993, Part III, Chapter 6 as amended by Part V of
the Social Welfare Act 1997)
(d) one-parent family payment (Social Welfare (Consolidation) Act 1993,
Part III, Chapter 9)
(e) carer's allowance (Social Welfare (consolidation) Act 1993, Part III,
Chapter10)
(f) family income supplement (Social Welfare (Consolidation) Act 1993,
Part V)
(g) disability allowance (Social Welfare Act 1996, Part IV)
(h) Mobility allowance (Health Act 1970, Section 61).
(i) Infectious diseases maintenance allowance (Health Act 1947, Sections 5
and 44 (5)).
(j) Domiciliary care allowance (Health Act 1970, Section 61).
(k) Blind welfare allowance (Blind Persons Act 1920, Chapter 49).
(l) Disabled person's rehabilitation allowance (Health Act 1970, Sections 68,
69 and 72).
H. ITALY
(a) Social pensions for persons without means (Law No 153 of 30 April
1969).
(b) Pensions and allowances forthe civilian disabled orinvalids (Laws No
118 of 30 March 1974, No 18 of 11 February 1980 and No 508 of 23
November1988).
(c) Pensions and allowances forthe deaf and dumb (Laws No 381 of 26 May
1970 and No 508 of 23 November1988).
(d) Pensions and allowances forthe civilian blind (Laws No 382 of 27 May
1970 and No No 508 of 23 November1988).
(e) Benefits supplementing the minimum pensions (Laws No 218 of 4 April
1952, No 638 of 11 November1983 and No 407 of 29 December1990).
(f) Benefits supplementing disability allowances (Law No 222 of 12 June
1984).
(g) Monthly allowances forcontinuous per sonal assistance forthose
receiving for incapacity for work (Law No 222 of 12 June 1984).
(h) social allowance (Law No 335 of 8 August 1995)
I. LUXEMBOURG
(a) Special severe disablement allowances (Law of 16 April 1979).
(b) Maternity allowances (Law of 30 April 1980).
J. NETHERLANDS
►M2Incapacity benefits fordisabled young people (Law of 24 Apr il
1997)◄.
K. AUSTRIA
(a) Compensatory supplement (Federal Act of 9 September 1955 on General
Social Insurance — ASVG, Federal Act of 11 October 1978 on Social
Insurance for Persons engaged in Trade and Commerce — GSVG and
Federal Act of 11 October 1978 on Social Insurance for Farmers —
BSGV).1971R1408 — EN — 01.09.2001 — 002.001 — 72
▼B
▼M2
▼B
▼M2
▼B
▼B
(b) Care allowance (Pflegegeld) under the Austrian Federal Care Allowance
Act (Bundespflegegeldgesetz) with the exception of care allowance
granted by accident insurance institutions where the handicap is caused
by an accident at work or occupational disease.
L. PORTUGAL
(a) non-contributory family allowance for children and young persons and
the associated additional sum payable fordisability (Decr ee-Law No 160/
80 of 27.5.1980, as amended by Decree-Law No 133-C/97 of 30 May
1997);
(b) non-contributory allowance for attending a special educational establish-
ment (Decree-Law No 160/80 of 27 May 1980, as amended by Decree-
Law No 133-C/97 of 30 May 1997);
(c) non-contributory orphan's pension (Decree-Law No 160/80 of 27 May
1980, as amended by Decree-Law No 133-C/97 of 30 May 1997);
(d) non-contributory State old-age and invalidity pension (Decree-Law No
464/80 of 13 October1980);
(e) non-contributory allowance for care provided by a third party (Decree-
Law No 160/80 of 27 May 1980, as amended by Decree-Law No 133-C/
97 of 30 May 1997);
(f) non-contributory widow's pension (Regulatory Decree No 52/81 of 11
November1981).
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
Allowance forPensioner s, 591/78).
(d) labour market support (Labour Market Support Act 1542/93)
N. SWEDEN
(a) Housing supplements for persons receiving a pension (Law 1994:308).
(b) Handicap allowances which are not paid to a person receiving a pension
(Law 1962: 381 reprinted 1982: 120).
(c) Care allowance for handicapped children (Law 1962: 381 reprinted 1982:
120).
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 20 March
1975, Section 37).
(c) Working Families' Tax Credit (Social Security Contributions and
Benefits Act 1992, section 123(1)(b), Social Security Contributions and
Benefits (Northern Ireland) Act 1992, section 122(1)(b), and Tax Credits
Act 1999).
(d) Attendance allowance (Social Security Act 1975 of 20 March 1975,
Section 35, and Social Security (Northern Ireland) Act 1975 of 20 March
1975, 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 5
November1986, Ar ticles 21 to 24).
(f) Disability living allowance (Disability Living Allowance and Disability
Working Allowance Act 1991 of 27 June 1991, Section 1 and Disability
Living Allowance and Disability Working Allowance (Northern Ireland)
Order 1991 of 24 July 1991, Article 3).
(g) Disabled Person's Tax Credit (Social Security Contributions and Benefits
Act 1992, section 123(1)(c), Social Security Contributions and Benefits
(Northern Ireland) Act 1992, section 122(1)(c), and Tax Credits Act
1999).1971R1408 — EN — 01.09.2001 — 002.001 — 73
▼M5
▼B
▼M2
▼B
▼M1
▼B
▼M6
▼B
▼M6
▼B
(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 — 01.09.2001 — 002.001 — 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 CONVENTIONS WHICH
DO NOT APPLY TO ALL PERSONS TO WHOM THE REGULATION
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 by
references to the corresponding provisions of this Regulation, unless the
provisions of the conventions in question are themselves contained in this
Annex.
2. The termination clause provided for in a social security convention, some of
whose provisions are contained in this Annex, shall continue to apply as
regards those provisions.
A.Provisions of social security conventions remaining applicable notwith-
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 Protocol
of 10 November1960.
(b) Complementary Agreement No 3 of 7 December 1957 to the
General Convention of the same date, as in the Complementary
Protocol of 10 November 1960 (payment of pensions for the period
preceding the entry into force of the General Convention).
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 in
mines and similarunder takings).
(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 4 of the Agreement of 27 October 1971 (Overseas social
insurance).
9. BELGIUM-NETHERLANDS
Articles 2 and 4 of the Agreement of 4 February 1969 (Overseas
occupation).
10. BELGIUM-AUSTRIA
(a) Article 4 of the Convention on social security of 4 April 1977 as
regards persons residing in a third State.
(b) Point III of the Final Protocol to the said Convention as regards
persons residing in a third State.
11. BELGIUM-PORTUGAL1971R1408 — EN — 01.09.2001 — 002.001 — 75
▼B
Articles 1 and 5 of the Convention of 13 January 1965 (Social insurance
foremployees in the Belgian Congo and Rwanda-Ur undi), in the
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
insurances of 14 August 1953.
(b) The Complementary Agreement of 14 August 1953 to the
Convention 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 4 of the Convention on social security of 16 June 1987 as
regards persons residing in a third State.
(b) Point I of the Final Protocol to the said Convention as regards
persons residing in a third State.
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 45 (2) of the Social Security Convention of 4
December1973.
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 and similar
undertakings).
(c) Complementary Agreement No 4 of 10 July 1950 to the General
Convention of the same date, as in added Section No 2 of 18 June
1955.
(d) Titles I and III of added Section No 2 of 18 June 1955.
(e) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the
General Convention of the same date.1971R1408 — EN — 01.09.2001 — 002.001 — 76
▼B
(f) Titles II, III and IV of the Agreement of 20 December 1963 (social
security in the Saar).
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
unemployment insurance of 31 May 1961, together with the note
in the minutes of 14 June 1980.
(c) Protocol of 7 October 1991 in conjunction with the Agreement of 6
July 1984 between the Government of the German Democratic
Republic and the Government of the Hellenic Republic on the
settlement of problems relating to pensions.
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 the
entry 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 4 of 21
December1956 to the Convention of 29 Mar ch 1951 (settlement of
rights acquired under the German social insurance scheme by Dutch
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 April
1969, No 2 of 20 March 1974 and No 3 of 29 August 1980.
(b) Paragraphs 3 (c), 3 (d), 17, 20 (a) and 21 of the Final Protocol to the
said Convention.
(c) Article 3 of the said Convention as regards persons residing in a
third State.
(d) Paragraph 3 (g) of the Final Protocol to the said Convention as
regards persons residing in a third State.
(e) Article 4 (1) of the Convention as regards the German legislation,
under which accidents (and occupational diseases) occurring outside
the territory of the Federal Republic of Germany, and periods
completed outside that territory, do not give rise to payment of
benefits or only give rise to payment of benefits, under certain
conditions, when those entitled to them reside outside the territory
of the Federal Republic of 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 1994 and the payment of pensions due under
the pension and accident insurance begins prior to 31 December
1994;
this shall also apply to periods during which another pension,
including a survivor's pension was collected, replacing the
initial one, where the periods of collection follow each other
without interruption.
(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In
applying Number3 (c) of this pr ovision the amount taken into
account by the competent institution shall not exceed the amount,
which is due in respect of the corresponding periods to be
remunerated by this institution.
(g) Article 2 of Complementary Convention No 1 of 10 April 1969 to
the said Convention.
(h) Articles 1 (5) and 8 of the Convention on unemployment insurance
of 19 July 1978.
(i) Paragraph 10 of the Final Protocol to the said Convention.1971R1408 — EN — 01.09.2001 — 002.001 — 77
▼B
36. GERMANY-PORTUGAL
Article 5 (2) of the Convention of 6 November 1964.
37. GERMANY-FINLAND
Article 4 of the Social Security Agreement of 28 April 1997.
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
October1979.
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-employed
persons.
45. SPAIN-NETHERLANDS
Article 23 (2) of the Convention on social security of 5 February 1974.
46. SPAIN-AUSTRIA
(a) Article 4 of the Convention on social security of 6 November 1981
as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
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 4 February
1983.
50. SPAIN-UNITED KINGDOM
None.
51. FRANCE-GREECE
Articles 16 (fourth subparagraph) and 30 of the General Convention of
19 April 1958.
52. FRANCE-IRELAND
No convention.
53. FRANCE-ITALY
(a) Articles 20 and 24 of the General Convention of 31 March 1948.
(b) The exchange of letters of 3 March 1956 (sickness benefits for
seasonal workers employed in agriculture).
54. FRANCE-LUXEMBOURG1971R1408 — EN — 01.09.2001 — 002.001 — 78
▼M5
▼B
▼B
Articles 11 and 14 of the Complementary Agreement of 12 November
1949 to the General Convention of the same date (workers in mines and
similarunder takings).
55. FRANCE-NETHERLANDS
Article 11 of the Complementary Agreement of 1 June 1954 to the
General Convention of 7 January 1950 (workers in mines and similar
undertakings).
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 temporarily
pursing their profession in France by virtue of the Cultural Convention
of 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 4 of the Convention on social security of 14 December 1979
as amended by the Complementary Convention of 21 May 1986 as
regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
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 14 September 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
Article 4 of 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-SWEDEN1971R1408 — EN — 01.09.2001 — 002.001 — 79
▼B
No convention.
77. IRELAND-UNITED KINGDOM
Article 8 of the Agreement of 14 September 1971 on social security.
78. ITALY-LUXEMBOURG
Articles 18 (2) and 24 of 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 4 of the said Convention and paragraph 2 of the Final
Protocol to the said Convention as regards persons residing in a
third 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 May
1973 and No 2 of 9 October1978.
(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 4 and 29 (1) of the Convention on social security of 21
February 1985 as regards persons residing in a third State.
(b) Article 30 of the said Convention.
90. LUXEMBOURG-UNITED KINGDOM
None.
91. LUXEMBOURG-AUSTRIA
(a) Article 3 of the Convention on social security of 7 March 1974 as
amended by the Complementary Convention of 5 November 1980
as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
92. NETHERLANDS-PORTUGAL
Articles 5 (2) and 31 of the Convention of 19 July 1979.
93. NETHERLANDS-FINLAND
No convention.
94. NETHERLANDS-SWEDEN
Articles 4 and 24 (3) of the Convention on social security of 2 July 1976
as regards persons residing in a third State.
95. NETHERLANDS-UNITED KINGDOM
None.
96. AUSTRIA-PORTUGAL1971R1408 — EN — 01.09.2001 — 002.001 — 80
▼B
None.
97. AUSTRIA-FINLAND
(a) Article 4 of the Convention on social security of 11 December 1985
as amended by the Complementary Convention of 9 March 1993 as
regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
98. AUSTRIA-SWEDEN
Convention on social security of 21 March 1996
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 December 1985
and No 2 of 13 October 1992 as regards persons residing in a third
State.
(b) Protocol concerning benefits in kind to the said Convention with the
exception of Article 2 (3) as regards persons who cannot claim
treatment under Chapter 1 of Title III of the Regulation.
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 for in
Article 220 (1) of the Act relating to the conditions of accession of
Spain and Portugal: Article 26 of the Social Security Convention of
15 November1978, as amended by the Exchange of Letter s of 28
September1987.
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.
(b) The exchange of letters of 27 February 1953 (application of Article
4 (2) of the General Convention of 17 January 1948).
5. BELGIUM-GREECE
None.
6. BELGIUM-IRELAND
None.
7. BELGIUM-ITALY
None.
8. BELGIUM-LUXEMBOURG
Articles 2 and 4 of the Agreement of 27 October 1971 (overseas social
security).1971R1408 — EN — 01.09.2001 — 002.001 — 81
▼M2
▼B
▼B
9. BELGIUM-NETHERLANDS
Articles 2 and 4 of the Agreement of 4 February 1969 (overseas
occupation).
10. BELGIUM-AUSTRIA
(a) Article 4 of the Convention on social security of 4 April 1977 as
regards persons residing in a third State.
(b) Point III of the Final Protocol to the said Convention as regards
persons residing in a third State.
11. BELGIUM-PORTUGAL
Articles 1 and 5 of the Convention of 13 January 1965 (social security
foremployees of the Belgian Congo and Rwanda-Ur undi) in the
wording that appears in the Agreement concluded by 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
insurances of 14 August 1953.
(b) The Complementary Agreement of 14 August 1953 to the
Convention 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 4 of the Convention on social security of 16 June 1987 as
regards persons residing in a third State.
(b) Point I of the Final Protocol to the said Convention as regards
persons residing in a third State.
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 45 (2) of the Social Security Convention of 4
December1973.
29. GERMANY-FRANCE
(a) Articles 16 (second paragraph) and 19 on the General Convention of
10 July 1950.1971R1408 — EN — 01.09.2001 — 002.001 — 82
▼B
(b) Complementary Agreement No 4 of 10 July 1950 to the General
Convention of the same date, as in added Section No 2 of 18 June
1955.
(c) Titles I and III of added Section No 2 of 18 June 1955.
(d) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the
General Convention of the same date.
(e) Titles II, III and IV of the Agreement of 20 December 1963 (social
security in the Saar).
30. GERMANY-GREECE
Protocol of 7 October 1991 in conjunction with the Agreement of 6 July
1984 between the Government of the German Democratic Republic and
the Government of the Hellenic Republic on the settlement 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 the entry
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 4 of 21
December1956 to the Convention of 29 Mar ch 1951 (settlement of
rights acquired under the German social insurance scheme by Dutch
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 April
1969, No 2 of 29 March 1974 and No 3 of 29 August 1980.
(b) Paragraph 20 (a) of the Final Protocol to the said Convention.
(c) Article 3 of the said Convention as regards persons residing in a
third State.
(d) Paragraph 3 (g) of the Final Protocol to the said Convention.
(e) Article 4 (1) of the Convention as regards the German legislation,
under which accidents (and occupational diseases) occurring outside
the territory of the Federal Republic of Germany, and periods
completed outside that territory, do not give rise to payment of
benefits or only give rise to payment of benefits under certain
conditions, when those entitled to them reside outside the territory
of the Federal Republic of 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 1994 and the payment of pensions due under
the pension and accident insurance begins prior to 31 December
1994;
this shall also apply to periods during which another pension,
including a survivor's pension was collected, replacing the initial
one, when the periods of collection follow each other without
interruption.
(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In
applying Number3 (c) of this pr ovision the amount taken into
account by the competent institution shall not exceed the amount
which is due in respect of the corresponding periods to be
remunerated by this institution.
36. GERMANY-PORTUGAL
Article 5 (2) of the Convention of 6 November 1964.
37. GERMANY-FINLAND1971R1408 — EN — 01.09.2001 — 002.001 — 83
▼M5
Article 4 of the Social Security Agreement of 28 April 1997.
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
October1979.
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-employed
persons.
45. SPAIN-NETHERLANDS
Article 23 (2) of the Convention on Social Security of 5 February 1974.
46. SPAIN-AUSTRIA
(a) Article 4 of the Convention on social security of 6 November 1981
as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
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 4 February
1983.
50. SPAIN-UNITED KINGDOM
None.
51. FRANCE-GREECE
None.
52. FRANCE-IRELAND
No convention.
53. FRANCE-ITALY
Articles 20 and 24 of the General Convention of 31 March 1948.
54. FRANCE-LUXEMBOURG
None.
55. FRANCE-NETHERLANDS
None.
56. FRANCE-AUSTRIA
None.
57. FRANCE-PORTUGAL
None.1971R1408 — EN — 01.09.2001 — 002.001 — 84
▼B
▼B
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 temporarily
pursuing their profession in France by virtue of the Cultural Convention
of 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 4 of the Convention on social security of 14 December 1979
as amended by the Complementary Convention of 21 May 1986 as
regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
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 14 September 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
Article 4 of 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 1981.1971R1408 — EN — 01.09.2001 — 002.001 — 85
▼B
(b) Article 4 of the said Convention and paragraph 2 of the Final
Protocol to the said Convention as regards persons residing in a
third State.
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 May
1973 and No 2 of 9 October1978.
(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 4 and 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 1974 as
amended by the Complementary Convention of 5 November 1980
as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
92. NETHERLANDS-PORTUGAL
Article 5 (2) of the Convention of 19 July 1979.
93. NETHERLANDS-FINLAND
No convention.
94. NETHERLANDS-SWEDEN
Articles 4 and 24 (3) of the Convention on social security of 2 July 1976
as regards persons residing in a third State.
95. NETHERLANDS-UNITED KINGDOM
None.
96. AUSTRIA-PORTUGAL
None.
97. AUSTRIA-FINLAND
(a) Article 4 of the Convention on social security of 11 December 1985
as amended by the Complementary Convention of 9 March 1993 as
regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
98. AUSTRIA-SWEDEN
Article 5 of the Convention on social security of 21 March 1996
99. AUSTRIA-UNITED KINGDOM1971R1408 — EN — 01.09.2001 — 002.001 — 86
▼M2
▼B
▼B
(a) Article 3 of the Convention on social security of 22 July 1980 as
amended by Complementary Conventions No 1 of 9 December 1985
and No 2 of 13 October 1992 as regards persons residing in a third
State.
(b) Protocol concerning benefits in kind to the said Convention with the
exception of Article 2 (3) as regards persons who cannot claim
treatment under Chapter 1 of Title III of the Regulation.
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 — 01.09.2001 — 002.001 — 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 periods of
insurance
A. BELGIUM
(a) Legislation relating to the general invalidity scheme, the special
invalidity scheme forminer s and the special scheme former chant
navy mariners.
(b) Legislation on insurance for self-employed persons against incapacity
to work.
(c) Legislation relating to invalidity in the overseas social insurance
scheme and the invalidity scheme forfor meremployees of the
Belgian Congo and Rwanda-Urundi.
B. DENMARK
None.
C. GERMANY
None.
D. SPAIN
Legislation relating to invalidity insurance under the general scheme and
underthe special schemes, except the special schemes forcivil ser vants,
the armed forces and the judicial administration.
E. FRANCE
1.Employed persons
All legislations on invalidity insurance, except for the legislation
concerning the invalidity insurance of the social security scheme for
miners.
2.Self-employed persons
The legislation on invalidity insurance for persons self-employed in
agriculture.
F. GREECE
Legislation relating to the agricultural insurance scheme.
G. IRELAND
Part II, Chapter 15, of the Social Welfare (Consolidation) Act 1993
H. ITALY
None.
I. LUXEMBOURG
None.
J. THE NETHERLANDS
(a) The law of 18 February 1966 on insurance against incapacity for
work, as amended.
(b) Law of 24 April 1997 on insurance against incapacity for work by
self-employed persons (WAZ), as amended
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)).
N. SWEDEN1971R1408 — EN — 01.09.2001 — 002.001 — 88
▼M3
▼B
▼M2
▼B
▼M2
▼B
▼B
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 of 23 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
None.
O. UNITED KINGDOM
None.1971R1408 — EN — 01.09.2001 — 002.001 — 89
▼B
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 Regulation
may be waived
A. BELGIUM
None.
B. DENMARK
All applications for pensions referred to in the law on social pensions,
except forpensions mentioned in Annex IV par t D.
C. GERMANY
None.
D. SPAIN
None.
E. FRANCE
All applications for pension benefits or survivor's benefits under
supplementary pension schemes for employees, with the exception of
applications for old-age pensions or surviving partner's pensions under the
supplementary pension scheme for flying personnel employed in civilaviation.
F. GREECE
None.
G. IRELAND
All applications for retirement pensions, old age (contributory) pensions,
widow's (contributory) pension and widower's (contributory) pension
H. ITALY
Invalidity, retirement and survivors pensions for employed persons and
for the following categories of self-employed persons: farmers farming
directly, share-croppers, farmers, craftsmen and persons engaged in
commercial activities.
I. LUXEMBOURG
None.
J. THE NETHERLANDS
All applications forold-age pensions underthe 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 forold-age basic and supplementar y 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 the
exception of those forwhich:
(a) during a tax year beginning on or after 6 April 1975:
(i) the party concerned had completed periods of insurance,
employment orr esidence underthe legislation of the United
Kingdom and of anotherMemberState; and
(ii) one (or more) of the tax years referred to in (i) was not
considered a qualifying year within the meaning of the legislation
of the United Kingdom;
(b) the periods of insurance completed under the legislation in force in
the United Kingdom for the periods prior to 5 July 1948 would be
taken into account for the purposes of Article 46 (2) of the Regulation1971R1408 — EN — 01.09.2001 — 002.001 — 90
▼M6
▼B
▼M2
▼B
▼B
by application of the periods of insurance, employment or residence
underthe legislation of anotherMemberState.
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 residence
completed:
(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 1
October1989 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 deceased spouse,
paid in accordance with Article 46 (1) (a) (i).
(f) The Netherlands survivors' pension under the Law of 21 December
1995 on general insurance for surviving dependants.
(g) Finnish national pensions determined according to the National
Pensions Act of 8 June 1956 and awarded under the transitional rules
of the National Pensions Act (547/93) ►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 basic
pension awarded under the transitional rules to the legislation applying
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 have been
completed between the date on which the risk materialized and a later
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 which
account is taken of a supplementary period already acquired.
(c) Italian pensions fortotal incapacity forwor k (inabilità).
(d) Luxembourg invalidity and survivors' pensions.
(e) Finnish employment pensions forwhich account is taken of futur e
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 for
which 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 two or more
times:
Nordic Convention of 15 June 1992 on social security.
The Social Security Agreement of 28 April 1997 between the Federal
Republic of Germany and Finland.1971R1408 — EN — 01.09.2001 — 002.001 — 91
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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
MemberStatesSchemes administered by Member States' institutions
who have taken a decision recognizing the degree of
invaliditySchemes administered by Belgian institutions on which the decision is binding in cases of concordance
General schemeMiners's scheme
Mariners' scheme OSSOM
General invalidity Occupational invalidity
FRANCE 1. General scheme
— Group III (constant attendance)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordance — Group II
— Group I
2. Agricultural scheme:
— Total, general invalidity/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordance — Two - thirds general invalidity
— Constant attendance
3. Miners's scheme:
— Partial, general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordance— Constant attendance
— Occupational invalidity No concordance No concordance Concordance No concordance No concordance
4. Mariners's scheme:
— General invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordance— Constant attendance
— Occupational invalidity No concordance No concordance No concordance No concordance No concordance
ITALY 1. General scheme:
— Invalidity - manual workers/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance Concordance Concordance Concordance No concordance— Invalidity - clerical staff
2. Mariners's scheme:
— Unfitness for seafaring No concordance No concordance No concordance No concordance No concordance
LUXEMBOURG Workers's invalidity — manual workers/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordanceInvalidity — clerical staff▼B1971R1408 — EN — 01.09.2001 — 002.001 — 92
FRANCE
Member
StatesSchemes administered by
MemberStates' institutions
having taken a decision
recognizing the degree of
invaliditySchemes administered by French institutions on which the decision is binding in cases of concordance
General scheme Agricultural scheme Miner's scheme Mariner's scheme
Group I Group IIGroup III
Constant
attendance2/3 Inva-
lidityTotal inva-
lidityConstant
attendance2/3 General
invalidityConstant
attendanceOccupa-
tional inva-
lidity2/3 General
invalidityTotal occu-
pational
invalidityConstant
attendance
BELGIUM 1. General scheme Concor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
2. Miner's scheme:
— partial general
invalidityConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
— invalidité profes-
sionnelleNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceConcor-
dance (2)
3. Mariner's scheme Concor-
dance (1)No
concor-
danceNo
concor-
danceConcor-
dance (1)No
concor-
danceNo
concor-
danceConcor-
dance (1)No
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
ITALY 1. General scheme:
— invalidity - manual
workersConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
— occupational inva-
lidityConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
2. Mariner's scheme
— unfitness for
seafaringNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo concor-
dance▼B1971R1408 — EN — 01.09.2001 — 002.001 — 93
Member
StatesSchemes administered by
MemberStates' institutions
having taken a decision
recognizing the degree of
invaliditySchemes administered by French institutions on which the decision is binding in cases of concordance
General scheme Agricultural scheme Miner's scheme Mariner's scheme
Group I Group IIGroup III
Constant
attendance2/3 Inva-
lidityTotal inva-
lidityConstant
attendance2/3 General
invalidityConstant
attendanceOccupa-
tional inva-
lidity2/3 General
invalidityTotal occu-
pational
invalidityConstant
attendance
LUXEM-
BOURGInvalidity — manual
workersConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
Invalidity — clerical staff No
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
(1) In so far as the invalidity recognized by the Belgian institutions is general invalidity.
(2) Only if the Belgian institution has recognized that the worker is unfit for work underground or at ground level.▼B1971R1408 — EN — 01.09.2001 — 002.001 — 94
ITALY
MemberStatesSchemes administered by Member States institutions who have taken a
decision recognizing the degree of invaliditySchemes administered by Italian institutions on which the decision is binding in cases of concordance
General scheme
Mariners Unfitness for navigation
Manual workers Clerical staff
BELGIUM 1. General scheme No concordance No concordance No concordance
2. Miners' scheme:
— partial general invalidity Concordance Concordance No concordance— occupational invalidity No concordance No concordance No concordance
3. Mariners' scheme No concordance No concordance No concordance
FRANCE 1. General scheme:
— Group III (constant attendance)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150No concordance — Group II
— Group I
2. Agricultural scheme:
— total general invalidity/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150No concordance — partial general invalidity
— constant attendance
3. Miners' scheme:
— partial general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance— constant attendance
— occupational invalidity No concordance No concordance No concordance
4. Mariners' scheme:
— partial general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance— constant attendance
— occupational invalidity▼B1971R1408 — EN — 01.09.2001 — 002.001 — 95
LUXEMBOURG
MemberStatesSchemes administered by institutions of Member States which have taken a decision
recognizing the degree of invaliditySchemes administered by Luxembourg institutions on which the decision is binding in
cases of concordance
Invalidity — manual workers Invalidity — clerical staff
BELGIUM 1. General scheme Concordance Concordance
2. Miners' scheme:
— partial general invalidity No concordance No concordance
— occupational invalidity No concordance No concordance
3. Régime des marins: Concordance (1) Concordance (1)
FRANCE 1. General scheme:
— Group III (constant attendance)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance — Group II
— Group I
2. Agricultural scheme:
— total general invalidity/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance — two-thirds general invalidity
— constant attendance
3. Miners' scheme
— two-thirds general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance— constant attendance
— occupational invalidity No concordance No concordance
4. Mariners' scheme:
— partial general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance— constant attendance
— occupational invalidity No concordance No concordance
(1) In so far as the invalidity recognized by the Belgian institution is general invalidity.▼B1971R1408 — EN — 01.09.2001 — 002.001 — 96
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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 invalidity
scheme applicable to self-employed persons shall be eligible under the
provisions of Chapter 1 of Title III of the Regulation, including Article
35 (1), underthe following conditions:
(a) In the event that they are temporarily resident in the territory of a
Member State other than Belgium, the persons concerned shall be
entitled:
(i) to the benefits in kind provided for under the legislation of the
Member State of temporary residence in respect of hospitaliza-
tion care;
(ii) to reimbursement in respect of other benefits in kind provided
forunderthe Belgian scheme by the r elevant Belgian institution
at the rate provided for under the legislation of the State of
temporary residence.
(b) In the event that they are permanently resident in the territory of a
Member State other than Belgium, the persons concerned shall be
entitled to the benefits in kind provided for under the legislation of
the Member State of permanent residence provided that they pay the
relevant Belgian institution the appropriate additional contribution
provided for under Belgian regulations.
2. For the application of the provisions of Chapters 7 and 8 of Title III of
the Regulation by the competent Belgian institution, a child shall be
considered to have been brought up in the Member State in whose
territory he resides.
3. For the purposes of Article 46 (2) of the Regulation, periods of old-age
insurance completed under Belgian legislation before 1 January 1945
shall also be considered as periods of insurance completed under the
Belgian legislation on the general invalidity scheme and the mariners'
scheme.
4. In applying Article 40 (3) (a) (ii), account shall only be taken of periods
during which the employed or self-employed person was incapable of
work within the meaning of Belgian legislation.
5. For the purposes of Article 46 (2) of the Regulation, periods of old-age
insurance completed by self-employed persons under Belgian legislation,
prior to the entry into force of the legislation on the incapacity for work
of self-employed persons, shall be considered as periods completed under
the latterlegislation.
6. In order to establish whether the requirements imposed by Belgian
legislation forentitlement to unemployment benefits ar e fulfilled,
account shall be taken only of days of paid employment; however,
account shall be taken of days accepted as equivalent within the meaning
of the said legislation only in so far as the days worked which preceded
them were days of paid employment.
7. Pursuant to Articles 72 and 79 (1) (a) of the Regulation, account shall be
taken of periods of employment and/or periods of insurance completed
underthe legislation of anotherMemberState wher e entitlement to
benefit underBelgian legislation is subject to the condition that, fora
specified previous period, the qualifying conditions for family benefits in
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 reference year
which serve as a basis for determining the contributions due by virtue of
the social arrangements for self-employed persons shall be calculated
using the mean annual rate for the year during which this income was
received.
The rate of conversion is the annual mean of the conversion rates
published 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 Belgian
institution shall take as its basis the income received in the profession last
exercised by the person concerned.1971R1408 — EN — 01.09.2001 — 002.001 — 97
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10. Any employed person or self-employed person who is no longer insured
in Belgium underthe sickness and invalidity insur ance legislation —
which also makes the grant of the right to benefits conditional upon the
person concerned being insured when the risk materializes — shall be
considered to be still insured when the risk materializes, for the purposes
of implementation of Chapter3 of Title III of the Regulation, if he is
insured for the same risks under the legislation of another Member State.
11. If the person concerned is entitled to a Belgian invalidity benefit under
Article 45 of the Regulation, that benefit shall be awarded in accordance
with the rules laid down by Article 46 (2) of the Regulation:
(a) In accordance with the provisions laid down by the Law of 9 August
1963 on the establishment and organization of a compulsory sickness
and invalidity insurance scheme if, at the time of occurrence of the
incapacity for work, he was insured for the same risk under the
legislation of anotherMemberState as an employed per son within
the meaning of Article 1 (a) of the Regulation.
(b) In accordance with the provisions laid down by the Royal Decree of
20 July 1971 on the establishment of an insurance scheme against
incapacity for work for self-employed persons if, at the time of
occurrence of the incapacity for work, he was a self-employed person
within the meaning of Article 1 (a) of the Regulation.
12. The harmful event referred to in Article 1 of the Law of 9 March 1953
making certain adjustments to military pensions and granting free
medical care and prescriptions to servicemen invalided in peacetime shall
constitute an accident at work or occupational disease within the meaning
of Chapter4 of Title III of the Regulation.
B. DENMARK
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 in
Denmark shall be entitled to such benefits on the same terms as those laid
down by Danish legislation forper sons who, underthe law on public
health insurance (lov om offentlig sygesikring), belong to Class 1.
However, persons who take up residence in Denmark and join the Danish
health insurance scheme may, in the same way as insured Danish
nationals, opt to belong to Class 2.
3. (a) The provisions of Danish legislation on social pensions that stipulate
that the right to pension is subject to the claimant being resident in
Denmark are not applicable to employed or self-employed persons or
their survivors who reside in the territory of a Member State other
than Denmark.
(b) For the purpose of calculating the pension, periods of employment or
self-employment completed in Denmark by a frontier worker or a
seasonal worker are regarded as periods of residence completed in
Denmark by the surviving spouse in so far as the surviving spouse
was during these periods, linked to the frontier worker or seasonal
worker by marriage without separation from bed and board or de
facto separation on grounds of incompatibility and provided that
during these periods the spouse resided in the territory of another
MemberState.
(c) For the purpose of calculating the pension, periods of employment or
self-employment completed in Denmark before 1 January 1984 by an
employed or self-employed person other than a frontier worker or
seasonal worker shall be regarded as periods of residence completed
in Denmark by the surviving spouse, in so far as the surviving spouse
was during these periods, linked to the employed or self-employed
person by marriage without separation from bed and board or de
facto separation on grounds of incompatibility, and provided that
during these periods the spouse resided in the territory of another
MemberState.
(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 periods
taken into account forthe calculation of the pension due to the
person concerned under the legislation on compulsory insurance of1971R1408 — EN — 01.09.2001 — 002.001 — 98
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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 amount
of 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 of
Danish nationals having their effective residence in Denmark for a
specified period immediately preceding the date of the claim. However, a
pension shall be granted under those conditions laid down for Danish
nationals to nationals of otherMemberStates having theireffective
residence in Denmark during the year immediately preceding the date of
claim.
5. (a) The periods during which a frontier worker residing within the
territory of a Member State other than Denmark has pursued his
professional or trade activity in Denmark are to be considered as
periods of residence for the purposes of Danish legislation. The same
shall apply to periods in which a frontier worker is posted to or
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 his
occupation in Denmark are to be considered as periods of residence
for the purposes of Danish legislation. The same applies to periods
during which a seasonal worker is posted to the territory of a
MemberState otherthan Denmar k.
6. In order to determine whether or not conditions for entitlement to daily
allowances in the case of sickness ormater nity laid down by the law of
20 December1989 on daily allowances in the case of sickness or
maternity have been satisfied, where the person concerned is no longer
subject to Danish legislation during the periods of reference fixed by the
abovementioned law:
(a) account shall be taken of the insurance periods and employment
periods fulfilled under the legislation of a Member State other than
Denmark during the abovementioned reference periods during which
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 cannot
serve as a basis for calculating the daily allowances) are regarded as
having had an average remuneration or salary of an amount equal to
that on the basis of which the cash allowances are calculated in
respect of the periods completed under Danish legislation during the
reference 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 to
pensions 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
calculated 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 Member
State, these pensions, forthe implementation of Danish legislation shall
be regarded as benefits of the same kind within the meaning of Article
46a (1) of the Regulation, subject to the condition, however, that the
person whose periods of insurance or of residence serve as the basis for
the calculation of the survivor's pension has also completed periods of
residence in Denmark.
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 by
the special scheme concerned and/or by the personal insurance scheme
supplementing it. This also applies to the spouse and children under the
age of 18 of such a person.1971R1408 — EN — 01.09.2001 — 002.001 — 99
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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)
occurring outside the territory of the Federal Republic of Germany,
and periods completed outside that territory, do not give grounds for
benefits, or do so only subject to certain conditions, when the persons
concerned are resident outside the territory of the Federal Republic of
Germany.
2. (a) The standard period for allocation (pauschale Anrechnungszeit) shall
be determined exclusively with reference to German periods.
(b) For the purpose of taking into account German pension periods for
miners′pension insurance, only German legislation shall apply.
(c) For the purpose of taking into account German substitute periods
(Ersatzzeiten), only German legislation shall apply.
3. If 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 sickness
insurance liaison body — foreign countries (Krankenversicherung —
Ausland), Bonn, shall take decisions regarding such compensation by
common agreement with the other central federations of sickness funds.
The resources needed to implement the compensation shall be divided
among all the sickness insurance institutions in proportion to the average
number of members over the previous year ►M5 ◄.
4. Article 7 of Book VI of the Social Code shall apply to nationals of the
other Member States and to stateless persons and refugees residing in the
territory of other Member States, according to the following rules.
If the general conditions are fulfilled, voluntary contributions may be
paid to the German pension insurance scheme:
(a) if the person concerned is domiciled or resident in the territory of the
Federal Republic of Germany;
(b) if the party concerned is domiciled or resident in the territory of
another Member State and has at some point previously contributed,
either compulsorily or voluntarily, to the German pension insurance
scheme;
(c) if the party concerned is a national of another Member State, is
domiciled or resident in the territory of a third Member State, has
contributed for at least 60 months to the German pension insurance
scheme or was eligible for voluntary insurance pursuant to Article
232 of Book VI of the Social Code, and is not compulsorily or
voluntarily insured under the legislation of another Member State.
5 .......
6 .......
7 .......8 .......
9. Where the costs of benefits in kind which are granted by German
institutions of the place of residence to pensioners or members of their
family who are insured with competent institutions of other Member
States must be refunded on the basis of monthly lump sums, such costs
shall, for the purpose of financial equalization among German
institutions of sickness insurance for pensioners, be treated as
expenditure on the German sickness insurance scheme for pensioners.
The lump sums refunded to the German institutions of the place of
residence by the competent institutions of other Member States shall be
regarded as receipts which must be taken into account in the
aforementioned financial equalization.
10. In the case of self-employed persons, the award of unemployment
assistance (Arbeitslosenhilfe) shall be conditional on the person
concerned having, before reporting himself unemployed, worked for at
least a year mainly as a self-employed person in the territory of the
Federal Republic of Germany, and not having simply left that work
temporarily.
11. Periods of insurance completed under the legislation of another Member
State, under a special old-age insurance scheme for farmers or, if no such
scheme exists, as farmers under the general scheme, shall be taken into
account to satisfy the conditions of minimum length of insurance1971R1408 — EN — 01.09.2001 — 002.001 — 100
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required for the person to be subject to contribution within the meaning
of Article 27 of the law on old-age insurance for farmers (Gesetz über die
Alterssicherung der Landwirte — GAL), always providing that:
(a) the declaration on which the obligation to pay contributions is based
shall have 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 for
farmers 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, if
no such scheme exists, undera special scheme forself-employed per sons
orunderthe gener al scheme, shall be taken into account to justify the
existence of the 18 years of compulsory contributions required for
exemption from compulsory affiliation to pension insurance for self-
employed craftsmen.
13. For the purpose of applying German legislation on compulsory sickness
insurance of pensioners as provided for in Article 5 (1) (ii) of Volume V
of the Social Insurance Code (Fünftes Sozialgesetzbuch — SGB V) and
Article 56 of the Sickness Insurance Reform Law (Gesundheitsreform-
gesetz), periods of insurance of residence completed under the legislation
of another Member State during which the person concerned was entitled
to sickness benefits in kind are taken into account, in so far as is
necessary, as periods of insurance completed under German legislation
provided they do not overlap with periods of insurance completed under
that legislation.
14. For the grant of cash benefits pursuant to Article 47 (1) of Volume V of
The German Social Insurance Code (SGB V) and Articles 200 (2) and
561 (1) of the German Law on Social Insurance (Reichsversicherung-
sordnung — RVO), the German institutions shall determine the net
remuneration to be taken into account for the calculation of the benefits
as though the insured persons resided in the Federal Republic of
Germany.
15. Greek teachers who have civil servant status and who, by the fact that
they have taught in German schools, have contributed to the compulsory
German pension insurance scheme as well as to the special Greek civil
servant scheme and who ceased to be covered by compulsory German
insurance after 31 December 1978 may, on request, have the compulsory
contributions reimbursed in accordance with Article 210 of Book VI of
the Social Code. Applications for reimbursement of contributions are to
be introduced during the course of the year following the date of entry
into force of this provision. The party concerned may also pursue his
claim within the six calendarmonths following the date on which he
ceased to be subject to compulsory insurance.
Article 210 (6) of Book VI of the Social Code shall only apply with
regard to the periods during which compulsory contributions to the
pension insurance scheme were paid in addition to contributions to the
special Greek civil servant scheme and with regard to the allocation
periods immediately following the periods during which these compul-
sory contributions were paid.
1 6 .......
17. For the grant of benefits to persons requiring in-depth and constant care
under Articles 53 et seq. of Volume V of the German Social Insurance
Code (SGB V), the institution of the place of residence shall, for the
provision of assistance in the form of benefits in kind, take account of
periods of insurance, employment or residence completed under the
legislation of another Member State as if they were periods completed
under the legislation of another Member State as if they were periods
completed underthe legislation applicable to that institution.
18. A person in receipt of a pension under German legislation and a pension
underthe legislation of anotherMemberState shall be deemed, forthe
purposes of applying Article 27 of the Regulation, to be entitled to
sickness and maternity benefits in kind if, under Article 8 (1), point 4, of
Volume V of the German Social Insurance Code (SGB V), that person is
exempted from compulsory sickness insurance (Krankenversicherung).
19. A period of insurance for child-rearing under German legislation is valid
even for a period during which the employed person concerned brought
up the child in another Member State provided that person was unable to
engage in occupational activity by virtue of Article 6 (1) of the Protection
of Mothers Law (Mutterschutzgesetz) or took parental leave under
Article 15 of the federal Child-rearing Allowance Law (Bundeserzie-1971R1408 — EN — 01.09.2001 — 002.001 — 101
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hungsgeldgesetz) and did not engage in any minor(ger ingfügig)
employment within the meaning of Article 8 of SGB IV.
20. Where the provisions of German pension law in force on 31 December
1991 apply, the provisions of Annex VI shall also apply in the version
thereof in force on 31 December 1991.
21. (a) Insofaras they concer n benefits in kind, Title III, Chapter1, sections
2 to 7 do not apply to persons who are entitled to benefits in kind
under a scheme for civil servants or persons treated as such and who
are not insured under the statutory sickness insurance system.
(b) Where, however, a 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
appropriate authorities of the Member State of residence that he
does not wish to avail himself of rights to benefits in kind granted
underthe national legislation in his MemberState of r esidence.
Where appropriate, this may be done with reference to Article 17a of
the Regulation.
22. Notwithstanding the provisions of point 21, in respect of benefits in kind,
the provisions of Article 27 of the Regulation shall be deemed to apply to
any person who is entitled to both a pension under Beamtenversor-
gungsrecht and a pension under the legislation of another Member State.
23. Chapter 4 does not apply to persons entitled to benefits in kind provided
by accident insurance cover for civil servants and persons treated as such.
D. SPAIN
1. The condition either of carrying on the activity of an employed or of a
self-employed person, or the condition of having previously been
compulsorily insured against the same contingency under a scheme
organized for the benefit of employed or self-employed persons of the
same MemberState, laid down in Ar ticle 1 (a) (iv) of this Regulation, will
not be required of persons who, in accordance with the provisions of
Royal Decree No 317/1985 of 6 February 1985, are affiliated voluntarily
to the general social security scheme in their capacity as an official or
employee serving an intergovernmental international organization.
2. In accordance with the principle of equal treatment, the benefits provided
for in Royal Decree No 2805/79 of 7 December 1979 on voluntary
affiliation to the general social security scheme shall be extended to the
nationals of the other Member States, refugees and stateless persons
residing in Community territory who, by taking up employment with an
international body, cease to be compulsorily affiliated to the Spanish
social security system.
3. (a) In all Spanish social security schemes, with the exception of the
scheme for civil servants, the armed forces and the judicial
administration, any employed person or self-employed person who
is no longer insured under Spanish legislation shall be considered tobe still insured, when the risk materialises, for the purposes of
implementing the provisions of Chapter 3 of Title III of the
Regulation, if he is insured, under the legislation of another Member
State at the time of materialisation of the risk or, failing that, in the
case where a benefit is due for the same risk in pursuance of the
legislation of anotherMemberState. The lattercondition shall be
deemed to have been fulfilled, 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 the
pensionable or compulsory retirement age stipulated in point 4 of
Article 31 of the consolidated text of the Law on State Pensioners will
be taken into account as service performed only if at the time of
materialisation of the risk in respect of which invalidity or death
pensions are due, the beneficiary was covered by Spain's special
scheme for public servants or in an activity accorded like treatment
underthat scheme.1971R1408 — EN — 01.09.2001 — 002.001 — 102
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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
contributions of the insured person during the years immediately
preceding payment of the last contribution to the Spanish social
security.
(b) the amount of the pension obtained shall be increased by the amount
of the increases and revalorisations calculated for each subsequent
year, for pensions of the same nature
5. Periods completed in other Member States which must be calculated in the
special scheme for civil servants, the armed forces and the judicial
administration, will be treated in the same way, for the purposes of Article
47 of the Regulation, as the periods closest in time covered as a civil
servant in Spain.
6. In the special scheme for civil servants, the armed forces and the judicial
administration, the expression “acto de servicio" (act of service) refers to
accidents at work and occupational diseases within the meaning of and for
the purposes of implementing the provisions of Chapter 4 of Title III of
the Regulation.
7. (a) Insofaras they concer n benefits in kind, Title III, Chapter1, sections 2
to 7 do not apply to beneficiaries of the special scheme for civil
servants, the armed forces and the judicial administration who are
covered under the Spanish “Mutualismo administrativo".
(b) Where, however, a person covered by one of these schemes resides in
a MemberState underwhose 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 appropriate
authorities of the Member State of residence that he does not wish to
avail himself of rights to benefits in kind granted under the national
legislation in his Member State of residence. Where appropriate, this
may be done with reference to Article 17a of the Regulation.
8. Notwithstanding the provisions of point 7, in respect of benefits in kind,
the provisions of Article 27 of the Regulation shall be deemed to apply to
any person who is entitled to both a pension under special schemes for
civil servants, the armed forces and the judicial administration and a
pension underthe legislation of anotherMemberState.
9. The Spanish special scheme for students (“Seguro Escolar") is not based,
for the recognition of benefits, on completion of periods of insurance,
employment and residence as those expressions are defined in Article 1(r),
(s) and (sa) of the Regulation. The Spanish institutions cannot therefore
issue the relevant certificates for the purposes of aggregating periods.
Nevertheless, the Spanish special scheme for students will apply to
students who are nationals of other Member States and who are studying
in Spain, underthe same conditions as students of Spanish nationality.
E. FRANCE
1. (a) The allowance for elderly employed persons, together with the
allowance for elderly self-employed persons, and the agricultural old-
age allowance shall be granted, under the conditions laid down for
French workers by French legislation to all employed or self-
employed persons who are nationals of other Member States and who,
at the time of making their claim, are resident in French 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 employed
persons or periods treated as such or, as appropriate, periods of work
as self-employed persons in the territories of the European depart-
ments and the overseas departments (Guadeloupe, Guyana, Martinique
and Réunion) of the French Republic shall be taken into consideration
for acquisition of the right to the allowance for elderly employed
persons.
2. The special allowance and cumulative indemnity provided for by the
special legislation for social security in the mines shall be provided only
for workers employed in French mines.1971R1408 — EN — 01.09.2001 — 002.001 — 103
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3. Law No 65-555 of 10 July 1965 which grants to French nationals, who are
pursuing, or who have pursued, a professional or trade activity abroad, the
right to join the voluntary old-age insurance scheme, shall apply to
nationals of otherMemberStates underthe following conditions:
— the professional or trade activity giving rise to voluntary insurance
under the French system should not be, or have been, pursued either on
French territory or on the territory of the Member State of which the
employed orself-employed per son 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 10
years, consecutive or not, or that he has been continuously subject to
French legislation on a compulsory or optional basis for the same
length of time.
The preceding conditions shall also hold good when applying to other
Member States' nationals the provisions which allow a French employed
worker pursuing his activity outside France voluntarily to join a French
supplementary pension scheme for employed workers either directly or via
his employer.
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 the
members of his family accompanying him in the territory of the Member
State in which he is pursuing an occupation, to the following family
benefits:
(a) the allowance for young children provided until the age of three
months;
(b) the family benefits provided in accordance with Article 73 of the
Regulation.
5. For the calculation of the theoretical amount referred to in Article 46(2)(a)
of the Regulation, in basic orsupplementar y schemes in which old-age
pensions are calculated on the basis of retirement points, the competent
institution shall take into account, in respect of each of the years of
insurance completed under the legislation of any other Member State, the
number of retirement points arrived at by dividing the number of
retirement points acquired under the legislation it applies by the number of
years corresponding to these points.
6. (a) Frontier workers who pursue the activities of employed persons in the
territory of a Member State other than France and who reside in the
French departments of Haut-Rhin, Bas-Rhin and Moselle, shall be
entitled in the territory of those departments to the benefits in kind
provided for by the local Alsace-Lorraine scheme set up by Laws No
46-1428 of 12 June 1946 and No 67-814 of 25 September1967,
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.
7. Notwithstanding Articles 73 and 74 of the Regulation, the housing
allowances, the home childcare allowance, the family allowance for the
employment of a registered child-minder and the parental child-rearing
allowance shall be granted only to persons concerned and to members of
their families residing in French territory
8. Any employed person who is no longer subject to French legislation
governing widowhood insurance under the French general social security
system or the agricultural workers' system shall be deemed to have the
status of an insured person under such legislation when the risk
materializes, for the purposes of the implementation of the provisions of
Chapter 3 of Title III of the Regulation, if that person is insured as an
employed person under the legislation of another Member State at the time
of the materialization of the risk or, failing that, in the case where a
survivor's benefit is due in pursuance of the legislation on employed
persons of another Member State. This condition shall be deemed to have
been fulfilled, however, in the case referred to in Article 48 (1).
9. The French legislation applicable to an employed worker or a former
employed worker for the purposes of applying Chapter 3 of Title III of the
Regulation is deemed to apply both to the basic old-age insurance1971R1408 — EN — 01.09.2001 — 002.001 — 104
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scheme(s) and to the supplementary pension scheme(s) to which the
person concerned has been subject.
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, is
applicable to nationals of otherMemberStates, stateless per sons and
refugees residing in the territory of a Member State in accordance with the
second subparagraph.
Subject to the otherconditions of this law being met, contr ibutions may be
made:
(a) where the person concerned is domiciled or resides in the territory of a
MemberState and has at some time in the past been compulsor ily
affiliated to the Greek pension insurance scheme,
or
(b) regardless of the place of domicile or residence, where the person
concerned has either previously resided in Greece for 10 years,
whether consecutive or not, or has previously been subject to Greek
legislation whether compulsorily or voluntarily for a period of 1 500
days.
3. Notwithstanding the relevant provisions applied by the OGA Regulations,
the periods during which benefits payable in respect of an accident at work
orof an occupational disease as defined in the legislation of Member
States, which makes separate provision for such risks, provided that they
coincide with periods of employment in the agricultural sector in Greece,
shall be regarded as periods of insurance under the legislation applied by
the OGA within the meaning of Article 1 (r) of the Regulation.
4. In the context of Greek legislation, the application of Article 49 (2) of the
Regulation is subject to the condition that the new calculation referred to
in the aforementioned Article shall not adversely affect the interests of the
person concerned.
5. Where the rules of the Greek auxiliary pension funds (‘ επικουρικά
ταµεία ’) make provision for the recognition of compulsory old age
pension insurance periods completed with statutory Greek insurance
institutions (‘ κύριας ασφάλισης ’) these rules shall also apply to
compulsory pension insurance periods in the pension branch completed
underthe legislation of any otherMemberState falling within the scope of
the Regulation.
6. Employed persons who were compulsorily affiliated until 31 December
1992 to a pension insurance scheme of a Member State other than Greece
and who are subject to compulsory Greek social insurance (base statutory
scheme) for the first time after 1 January 1993, shall be regarded as
‘formerly insured persons’ in accordance with the provisions of Law No
2084/92.
7. Serving or retired civil servants, persons treated as such and members of
their families, covered by a special health-care scheme, may receive
sickness and maternity benefits in kind in the event of immediate need
during a stay in the territory of another Member State or when travelling
there to receive care appropriate to their state of health with the prior
authorization of the competent Greek institution, in accordance with the
procedures laid down in Article 22 (1) (a) and (c), Article 22 (3), and in
Article 31 (a) of this Regulation, under the same conditions as employed
and self-employed persons covered by Greek social security legislation
(statutory schemes).
8. Article 22b shall apply by analogy to all civil servants, persons treated as
such and members of their families covered by a special Greek health-care
scheme.
7. (SIC! 9.) As regards civil servants and persons treated as such recruited up
to 31 December 1982, the provisions of Chapters 2 and 3 of Title III of the
Regulation shall apply by analogy if the persons concerned have
completed periods of insurance in another Member State within the
framework either of a special pension scheme for civil servants or persons
treated as such, or of a general scheme, provided that the persons
concerned have been employed as civil servants or as persons treated as
such in accordance with the provisions of Greek legislation.1971R1408 — EN — 01.09.2001 — 002.001 — 105
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8. (SIC! 10.) Application of the provisions of Articles 43a(2) and 51a(2),
where no pension rights have been acquired under a special scheme for
civil servants or persons treated as such, shall not prejudice the application
of Greek legislation (Code for civil and military pensions) regarding
transfer of insurance periods from a special scheme for civil servants to
the general insurance scheme for employed persons via the payment of the
required contribution.
G. 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, shall
be entitled free of charge to all medical treatment provided for by Irish
legislation where the cost of this treatment is payable by the institution of
a MemberState otherthan Ir eland.
2. The members of the family of an employed or self-employed person who
is subject to the legislation of a MemberState otherthan Ir eland and who
satisfies the conditions laid down by that legislation forentitlement to
benefits, account being taken, where appropriate, of Article 18 of the
Regulation, shall be entitled free of charge, if they are resident in Ireland,
to all medical treatment provided for by Irish legislation.
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-employed person or
the person looking after the children pursues a professional or trade
activity in Ireland, benefits for members of the family shall remain
payable by the Irish institution to the extent that entitlement to such
benefits is granted solely under the provisions of Irish legislation.
3. If an employed person subject to Irish legislation has left the territory of a
Member State to proceed, in the course of his employment, to the
territory of another Member State and sustains an accident before
arriving there, his entitlement to benefit in respect of the said accident
shall be established:
(a) as if this accident had occurred on the territory of Ireland,
and
(b) without taking into consideration his absence from the territory of
Ireland, when determining whether, by virtue of his employment, he
was insured under the said legislation.
4 .......
5. For the purpose of calculating the earnings for the granting of sickness
benefit orunemployment benefit underIr ish legislation, an amount equal
to the average weekly wage in that year, of male and female employed
persons, as applicable, shall, notwithstanding Articles 23(1) and 68(1) of
the Regulation, be credited to the employed person in respect of each
week of employment completed as an employed person under the
legislation of another Member State during the prescribed period
6. In applying Article 40 (3) (a) (ii), account shall only be taken of periods
during which the employed or self-employed person was incapable of
work within the meaning of Irish legislation.
7. For the purposes of Article 44 (2), an employed person shall be deemed
to have expressly asked for postponement of the award of an old-age
pension to which he would be entitled underthe legislation of Ir eland if,
where retirement is a condition for receiving the old-age pension, he has
not retired.
8 .......
9. An unemployed person returning to Ireland at the end of the period of
three months for which he continued to receive benefits under the
legislation of Ireland in application of Article 69 (1) of the Regulation
shall be entitled to apply forunemployment benefits notwithstanding
Article 69 (2) if he satisfies the conditions laid down in the
aforementioned legislation.1971R1408 — EN — 01.09.2001 — 002.001 — 106
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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.
11. Entitlement to family income supplement solely underthe legislation of
Ireland shall be suspended where, over the same period and in respect of
the same memberof the family, family benefits ar e payable solely under
the legislation of the United Kingdom orup to the amount of those
benefits pursuant to Articles 73, 74, 77, 78 or 78a of the Regulation.
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-employed
persons under Luxembourg legislation for invalidity, old-age or death
pensions insurance either before 1 January 1946 or before an earlier date
stipulated by a bilateral convention shall be taken into consideration for
the purpose of applying this legislation only if the person concerned
demonstrates that he has completed six months of insurance under the
Luxembourg scheme after the date in question. Where several bilateral
conventions apply, periods of insurance or periods treated as such shall be
taken into consideration as from the earliest of these dates.
2. For the purpose of granting the fixed part of Luxembourg pensions,
periods of insurance completed under Luxembourg legislation by
employed or self-employed persons not residing in Luxembourg territory
shall, as from 1 October 1972, be treated as periods of residence.
3. The second subparagraph of Article 22 (2) of the Regulation does not
affect the provisions of Luxembourg legislation pursuant to which
authorization by the Sickness Fund for treatment abroad cannot be
refused where the required treatment cannot be provided in the Grand
Duchy.
4. For the purpose of taking the insurance period provided for in Article 171
(7) of the Social Insurance Code (Code des Assurances Sociales) into
account, the Luxembourg institution shall recognize periods of insurance
completed by the person concerned under the legislation of any other
Member State as if they were periods completed under the legislation
which it administers. Application of the foregoing provision shall be
subject to the condition that the person concerned last completed insurance
periods under Luxembourg legislation.
5. For a civil servant not subject to Luxembourg legislation at the time of
leaving the service, the basis for calculation for the award of a pension
shall be the final salary of the person concerned on leaving the
Luxembourg civil service, this salary being established in accordance
with the legislation in force at the time of maturity of the pension.
6. Where there is a move from a Luxembourg statutory scheme to a special
scheme for civil servants or persons treated as such in another Member
State, the provisions of Luxembourg legislation on retroactive insurance
shall be suspended.
7. Approval of periods by the Luxembourg statutory scheme shall be based
on periods completed in Luxembourg alone.
8. Persons covered by a health insurance scheme in the Grand Duchy of
Luxembourg who pursue their studies in another Member State are
exempted from the requirement to join as a student under the legislation of
the country where they study.1971R1408 — EN — 01.09.2001 — 002.001 — 107
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J. NETHERLANDS
1.Insurance for medical expenses
(a) As regards entitlement to benefits in kind under Netherlands
legislation, persons entitled to benefits in kind shall mean persons
who are insured or co-insured under the insurance scheme covered by
the Netherlands law on sickness insurance funds for the purpose of the
implementation of Chapter1 of Title III.
( b )......
(c) For the purposes of Articles 27 to 34 of the Regulation, the following
pensions shall be treated as pensions payable under the legal
provisions mentioned in subparagraphs (b) (invalidity) and (c) (old
age) of the declaration of the Kingdom of the Netherlands under
Article 5 of the Regulation:
— pensions awarded under the Law of 6 January 1966 ( Staatsblad 6)
on a new ruling in respect of civil servants and their survivors
(Netherlands Civil Service Pensions Act) (Algemene burgerlijke
pensioenwet),
— pensions awarded under the Law of 6 October 1966 ( Staatsblad
445) on a new ruling in respect of pensions for military personnel
and their survivors (Military Pensions Act) (Algemene militaire
pensioenwet),
— pensions awarded under the Law of 15 February 1967 ( Staatsblad
138) on a new ruling in respect of pensions for employees of the
NV Nederlandse Spoorwegen (Netherlands Railway Company)
and their survivors (Railway Pensions Act) (Spoorwegpen-
sioenwet),
— pensions awarded under the Regulation governing conditions of
employment of the Netherlands Railway Company (Reglement
Dienstvoorwaarden Nederlandse Spoorwegen) (RDV 1964 NS),
or
— benefits in respect of a pension before the age of 65 under a
pension scheme designed to provide old-age assistance to workers
and former workers, or benefits in respect of an early retirement
pension from work under a scheme for early retirement set up by
the State orby orunderan industr ial agr eement, ora scheme 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 the
members 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 26 who
are entitled to benefits under the legislation of another Member State
shall not be insured under the Algemene Wet Bijzondere Ziektekosten
(Law on general insurance against special medical expenses)
(AWBZ).
2.Application of Netherlands legislation on general old-age insurance
(Toepassing van de Nederlandse Algemene Ouderdomswet) (AOW)
(a) The reduction referred to in Article 13 (1) of the AOW shall not be
applied for calendar years or parts thereof before 1 January 1957
during which a recipient, not satisfying the conditions permitting him
to have such years treated as periods of insurance, resided in the
territory of the Netherlands between the ages of 15 years and 65 years,
or during which, whilst residing in the territory of another Member
State, he pursued an activity as an employed person in the Netherlands
foran employerestablished in that countr y.
By way of derogation from Article 7 of the AOW, persons who
resided or worked in accordance with the abovementioned conditions
only prior to 1 January 1957 shall also be regarded as being entitled to
a pension.
(b) The reduction referred to in Article 13 (1) of the AOW shall not apply
to calendar years or parts thereof prior to 2 August 1989 during which,
between his 15th and 65th birthdays the person who is or was married
was not insured under the abovementioned legislation despite being
resident in the territory of a Member State other than the Netherlands,
if these calendar years or parts thereof coincide, on the one hand, with
the periods of insurance completed by the person's spouse under that
legislation provided that the couple's marriage subsisted during these
periods, and, on the other, with the calendar years or parts thereof to
be taken into account under subparagraph (a).
By way of derogation from Article 7 of the AOW, this person shall be
considered a pensioner.1971R1408 — EN — 01.09.2001 — 002.001 — 108
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(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 1957 during which
the spouse of a pensionerwho fails to satisfy the conditions forhaving
these years treated as periods of insurance resided in the Netherlands
between the spouse's 15th and 65th birthdays or during which, despite
being resident in the territory of another Member State, the spouse
pursued an activity as an employed person in the Netherlands for an
employerestablished 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 during which,
between his 15th and 65th birthdays, the pensioner's spouse was
resident in a Member State other than the Netherlands and was not
insured under the abovementioned legislation if these calendar years
or parts thereof coincide, on the one hand, with the periods of
insurance completed by the spouse under that legislation provided that
the couple's marriage subsisted during these periods, and, on the other,
with the calendar years or parts thereof to be taken into account under
subparagraph (a).
(e) The provisions referred to in (a), (b), (c) and (d) shall be applied only
if the person concerned has resided for six years in the territory of one
or more Member States after the age of 59 years and for as long as that
person is residing in the territory of one of these Member States.
(f)►M2By way of derogation from the provisions of Article 45(1) of
the law on general old-age insurance (AOW) and Article 63(1) of the
general law on insurance for surviving dependants (ANW), the spouse
of an employed person or of a self-employed person covered by a
compulsory insurance scheme, residing in a Member State other than
the Netherlands, shall be authorised to take out voluntary insuranceunderthat legislation, but only forthe per iods after2 August 1989
during which the employed person or self-employed person is or was
compulsorily insured under the abovementioned legislation. This
authorisation ceases on the date of termination of the compulsory
insurance of the employed person or self-employed person ◄
The aforementioned authorization shall not cease, however, where the
compulsory insurance of the employed person or the self-employed
person is terminated as a result of his death and where his widow
receives only a pension under the Netherlands legislation on
►
M2general law on insurance for surviving dependants ◄(AWW).
In any event, the authorization in respect of voluntary insurance ceases
on the date on which the voluntarily insured person reaches the age of
65 years.
The contribution which has to be paid for the aforementioned
voluntary insurance shall be determined for the spouse of an employed
person or of a self-employed person who is compulsorily insured
under the Netherlands legislation on general old-age insurance (AOW)
and the Netherlands ►M2general law on insurance for surviving
dependants ◄(AWW) in accordance with the provisions relating to
the determina- tion of the contribution of compulsory insurance,
subject to the condition that his/herincome shall be deemed 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
contribution shall be determined in accordance with the provisions
relating to the determination of the contribution for voluntary
insurance under the Netherlands legislation on general old-age
insurance and the Netherlands ►M2general law on insurance for
surviving dependants ◄
(g) The authorization referred to in (f) shall be granted only if the spouse
of an employed person or of a self-employed person has informed the
Sociale Verzekeringsbank (Social Insurance Bank) not later than one
year after commencement of his/her compulsory insurance period of
the intention to take out voluntary insurance.
For the spouse of an employed person or of a self-employed person
who was compulsorily insured immediately prior to or on 2 August
1989, the period of one year shall commence on the date of 2 August
1989.
The authorization referred to in point 4 of (f) may not be granted to a
spouse not residing in the Netherlands of an employed or self-
employed person to whom the provisions of Article 14 (1), Article 14a
(1) or Article 17 of the Regulation apply if that spouse, in accordance
with the provisions of Netherlands legislation alone, is or was
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(h) Points (a), (b), (c), (d) and (f) shall not apply eitherto those per iods
which coincide with periods which may be taken into account for
calculating pension rights under the old-age insurance legislation of a
Member State other than the Netherlands or to those periods during
which the person concerned has drawn an old-age pension under such
legislation.
(i) For the purposes of Article 46 (2) of the Regulation, only periods of
insurance completed after the age of 15 years under the Netherlands
General Law on Old-Age Insurance (AOW) shall be taken into
account as periods of insurance.
3.Application of the Netherlands general law on insurance for surviving
dependants
(a) any employed person or self-employed person who is no longer
subject to Dutch legislation on general insurance for surviving
dependants shall be deemed to be insured under such legislation when
the risk materialises, for the purposes of the implementation of the
provisions of Chapter III of Title III of the Regulation, if that person is
insured under the legislation of another Member State for the same
risk or, failing that, in the case where a survivor's benefit is due
pursuant to the legislation of another Member State. The latter
condition shall be deemed to have been fulfilled, however, in the case
referred to 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 for
surviving dependants, that pension shall be calculated in accordance
with Article 46(2) of the Regulation
For the application of these provisions, the periods of insurance
completed before 1 October 1959 during which the employed person
or self-employed person resided in the territory of the Netherlands
before attaining the age of 15 years or during which, while still
resident on the territory of another Member State, he carried out a
gainful activity in the Netherlands for an employer established in that
country, shall also be regarded as periods of insurance completed
underthe afor ementioned Dutch legislation.
(c) Account shall not be taken of the periods to be taken into
consideration under subparagraph (b), which coincide with periods
of insurance completed under the legislation of another Member State
in respect of survivors' pensions.
(d) for the purposes of Article 46(2) of the Regulation, only periods of
insurance completed after the age of 15 years under Dutch legislation
shall be taken into account as periods of insurance
4.Application of the Netherlands laws relating to incapacity for work
(a) Any employed person or self-employed person who is no longer
insured under the Law of 18 February 1966 relating to insurance
against incapacity forwor k (WAO) and/orunderthe Law of 11
December 1975 relating to incapacity for work (AAW) ►M2and the
Law of 24 April 1997 on insurance against incapacity for work by
self-employed persons ◄shall be considered to be still insured at the
time of the materialization of the risk for the purposes of the
implementation of the provisions of Chapter 3 of Title III of the
Regulation, if he is insured for the same risk under the legislation of
another Member State or, failing that, in the case where a benefit is
due underthe legislation of anotherMemberState forthe same r isk.
The latter condition shall be considered to be fulfilled, however, in the
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 accordance
with rules laid down by Article 46 (2) of the Regulation:
(i) in accordance with the provisions laid down by the above-
mentioned Law of 18 February 1966 (WAO), if, at the time of
occurrence of the incapacity for work he was insured for the same
risk under the legislation of another Member State as an employed
person within the meaning of Article 1 (a) of the Regulation;
(ii) in accordance with the provisions laid down by the above-
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incapacity for work by self-employed persons ◄if, when the
incapacity for work arose, he:
— was insured for the risk under the legislation of another
MemberState but not in the capacity of employed per son
within the meaning of Article 1 (a) of the Regulation,
or
— was not insured for the risk under the legislation of another
MemberState but can asser t a claim to benefits underthe
legislation of anotherMemberState.
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(c) In the calculation of the benefits awarded in accordance with the
►M2Law of 24 April 1997 on insurance against incapacity for work
by self-employed persons ◄, the Dutch institutions shall take account
of:
— periods of paid employment and periods treated as such completed
in the Netherlands before 1 July 1967,
— periods of insurance completed under the abovementioned Law of
18 February 1966 (WAO),
— periods of insurance completed by the person concerned after the
age of 15 years under the abovementioned Law of 11 December
1975 (AAW) in so faras these do not coincide with the per iods of
insurance completed under the abovementioned law of 18
February 1966 (WAO).
— periods of insurance completed in accordance with the Law of 24
April 1997 on insurance against incapacity for work for self-
employed persons (WAZ)
(d) In the calculation of the Netherlands invalidity benefit pursuant to
Article 40 (1) of the Regulation, the Dutch institutions do not take
account any supplements to be awarded under the provision of the
Law on supplements. The right to that supplement and the amount
thereof are calculated 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
legislation on family benefits becomes applicable during a quarter
and who was, on the first day of that quarter, subject to the
corresponding legislation of another Member State, shall be
considered as being insured as from that first day under Netherlands
law.
(b) The amount of the family benefits which may be claimed by an
employed or self-employed person who is considered, pursuant to (a),
as being insured under Netherlands legislation on family benefits shall
be fixed in accordance with the detailed arrangements laid down in the
implementing Regulation referred to in Article 98 of the Regulation.
6.Application of certain transitional provisions
Article 45 (1) shall not apply to the assessment of entitlement to benefits
under the transitional provisions of the legislations on general old-age
insurance (Article 46), on general insurance for widows and orphans and
on general insurance against incapacity for work.
7. Applicability of Title II of the Regulation to a ‘directeur-grootaandeel-
houder’ (director/major shareholder) of a limited company:
any person pursuing a self-employed activity in the Netherlands on behalf
of a limited company in which she/he has a ‘significant interest’ within the
meaning of Netherlands legislation (i.e. an interest conferring at least 50 %
of voting rights) is deemed, for the purposes of the provisions of Title II of
the Regulation, to be employed.
K. AUSTRIA
1. For the purposes of applying the Regulation, Austrian legislation regarding
transfer of insurance periods by the payment of a transfer sum shall remain
in force when there is a change between a general scheme and a special
scheme forcivil ser vants.1971R1408 — EN — 01.09.2001 — 002.001 — 111
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2. For the purpose of applying Article 46 (2) of the Regulation, increments
for contributions for supplementary insurance and the miner's supplemen-
tary benefit under Austrian legislation shall be disregarded. In these cases
the amount calculated according to Article 46 (2) of the Regulation shall
be increased by increments for contributions for supplementary insurance
and the miner's supplementary benefit.
3. For the purpose of applying Article 46 (2) of the Regulation, in applying
Austrian legislation the day relevant for a pension (Stichtag) shall be
considered as the date when the risk materializes.
4. The application of the provisions of the Regulation shall not have the
effect of reducing any entitlement to benefits by virtue of Austrian
legislation with regard to persons who have suffered in their social
security situation for political or religious reasons or for reasons of their
descent.
5. The provisions of Article 22(1)(a) of the Regulation shall also apply to
persons with sickness insurance coverage under an Austrian law on
protection for special victims (Versorgungsgesetze)
6. Forthe pur poses of applying the Regulation, benefits underthe Law on
protection of the armed forces (Heeresversorgungsgesetz — HVG) shall
be treated as benefits in respect of accidents at work and occupational
diseases.
7. Special assistance under the Special Assistance Act (‘Sonderunterstüt-
zungsgesetz’) of 30 November1973 shall be consider ed as an old-age
pension forthe pur poses of applying the Regulation.
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 administration
when they retire or when their pension rights are determined, the last salary
received from that administration will be taken into account in order to
calculate the pension.
M. FINLAND
1. In order to determine whether the period between the occurrence of the
pension contingency and the pensionable age (future period) should be
taken into account when calculating the amount of the Finnish employ-
ment pension, the periods of insurance or residence under the legislation
of anotherMemberState shall be taken into consider ation forthe
condition relating to residence in Finland.
2. Where employment or self-employment in Finland has terminated and the
contingency occurs during employment or self-employment in another
Member State and where the pension according to the Finnish employ-
ment pension legislation no longerincludes the per iod between the
contingency and the pensionable age (future period), periods of insurance
underthe legislation of anotherMemberState shall be taken into
consideration for the requirement of the future period as if they were
periods of insurance in Finland.
3. When, underthe legislation of Finland, an incr ement is payable by an
institution in Finland because of a delay in processing a claim for a
benefit, a claim submitted to an institution of anotherMemberState shall,
for the purpose of applying the provisions of the Finnish legislation
relating to such increment, be considered to have been presented on the
date when that claim, along with all necessary enclosures, reaches the
competent institution in Finland.
4. An employed or self-employed person who is no longer insured under the
National Pensions scheme is regarded, when applying the provisions of
Title III, Chapter 3 of this Regulation, as retaining the status of an insured
person if, when the risk materialises, he or she was insured under the
legislation of anotherMemberState or , if this was not the case, he orshe
is entitled, in respect of the same risk, to a pension under the legislation of
another Member State. However, the latter requirement is deemed to have
been fulfilled in the case referred to in Article 48(1)1971R1408 — EN — 01.09.2001 — 002.001 — 112
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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 forthe costs of benefits in kind gr anted to him orhis
family members in Finland insofar as they are covered by the special
scheme for civil servants and by the personal insurance arrangement
supplementing it.
N. SWEDEN
1. For the application of Article 72 of the Regulation, a person's entitlement
to parental benefit shall be determined by regarding insurance periods
completed in anotherMemberState as being based on the same aver age
income as the Swedish insurance periods with 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 Swedish
legislation on the right to a more favourable calculation of basic pensions
for persons residing in Sweden for a specified period preceding the date of
the claim.
3. Forthe pur pose of establishing the entitlement to an invalidity or
survivor's pension partly based on future assumed insurance periods a
person shall be considered to meet the insurance and income requirements
of the Swedish legislation when covered as an employed or self-employed
person by an insurance or residence scheme of another Member State.
4. Years of care of small children shall, according to prescribed conditions of
the Swedish legislation, be considered as insurance periods for
supplementary pension purposes even when the child and the person
concerned are residing in another Member State, provided that the person
taking care of the child is on parental leave under the provisions of the
Law on Right to Leave forChild Rear ing.
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-residents insofar as
the care provided is covered by the special scheme concerned and/or by
the personal insurance scheme supplementing it. This also applies to the
spouse and children under the age of 18 of such a person.
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 under
the legislation of Gibraltar as an employed person, applies, as a result
of incapacity to work, maternity or unemployment, for exemption from
the payment of contributions over a certain period, and asks for
contributions for that period to be credited to him, any period during
which that person has been working in the territory of a Member State
otherthan the United Kingdom shall, forthe pur poses of his
application, be regarded as a period during which he has been
employed in Gibraltar and for which he has paid contributions as an
employed person 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 orfor merspouse,1971R1408 — EN — 01.09.2001 — 002.001 — 113
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then provided, in each case, that the spouse or former spouse is or was
an employed orself-employed per son who had been subject to the
legislation of two or more Member States, the provisions of Chapter 3
of Title III of the Regulation shall apply in order to determine
entitlement under United Kingdom legislation. In this case, references
in the said Chapter 3 to ‘periods of insurance’ shall be construed as
references to periods of insurance completed by:
(i) a spouse or former spouse, where a claim is made by a married
woman, a man who is widowed or a person whose marriage has
terminated otherwise than by the death of the spouse,
or
(ii) a former spouse, where a claim is made by a widow, who was not
in receipt of a survivor's benefit immediately before reaching
pensionable age or who is only in receipt of an age-related widow's
pension calculated pursuant to Article 46 (2) of the Regulation.
3. (a) If unemployed benefit provided under United Kingdom legislation
is paid to a person pursuant to Article 71 (1) (a) (ii) or (b) (ii) of the
Regulation, then forthe pur pose of satisfying the conditions
imposed by United Kingdom legislation in relation to child benefit
concerning a period of presence within Great Britain or, as the case
may be, Northern Ireland, periods of insurance, employment or
self-employment completed by that person under the legislation 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 an
employment orself-employed per son who does not satisfy the
condition imposed by United Kingdom legislation in relation to
child benefit concerning:
(i) presence within Great Britain or, as the case may be, Northern
Ireland, he shall be regarded, for the purpose of satisfying such
condition, as being so present;
(ii) a period of presence within Great Britain, or, as the case may
be, Northern Ireland, periods of insurance, employment or self-
employment completed by the said worker under the legisla-
tion of anotherMemberState shall, forthe pur pose of
satisfying such conditions, be regarded as periods of presence
in 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 a
survivor's pension.
5. For the purposes of applying Article 10a (2) to the provisions
governing entitlement to attendance allowance, invalid care allowance
and disability living allowance, a period of employment, self-employ-
ment or residence completed in the territory of a Member State other
than the United Kingdom shall be taken into account insofaras is
necessary to satisfy conditions as to presence in the United Kingdom,
prior to the day on which entitlement to the benefit in question first
arises.
6. In the event of an employed person subject to United Kingdom
legislation being the victim of an accident after leaving the territory of
one Member State while travelling, in the course of this employment,
to the territory of another Member State, but before arriving there, his
entitlement to benefits in respect of that accident shall be established:
(a) as if the accident had occurred within the territory of the United
Kingdom,
and
(b) for the purpose of determining whether he was an employed earner
under the legislation of Great Britain or the legislation of Northern
Ireland or an employed person under the legislation of Gibraltar, by
disregarding his absence from those territories.
7. The Regulation does not apply to those provisions of United Kingdom
legislation which are intended to bring into force any social security
agreement concluded between the United Kingdom and a third State.
8. Forthe pur poses of Chapter3 of Title III of the Regulation no account
shall be taken of graduated contributions paid by the insured person
under United Kingdom legislation or of graduated retirement benefits
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shall be added to the amount of the benefit due underthe United
Kingdom legislation as determined in accordance with the said chapter.
The total of these two amounts shall constitute the benefit actually due
to the person concerned.
9 .......
10. For the purpose of applying the Non-Contributory Social Insurance
Benefit and Unemployment Insurance Ordinance (Gibraltar), any
person to whom this Regulation is applicable shall be deemed to be
ordinarily resident in Gibraltar if he resides in a Member State.
11. For the purpose of Articles 27, 28, 28a, 29, 30 and 31 of this
Regulation, benefits payable outside the United Kingdom solely
because of Article 95b (8) of the Regulation shall be considered as
invalidity benefits.
12. For the purpose of Article 10 (1) of the Regulation any beneficiary
under United Kingdom legislation who is staying in the territory of
another Member State shall, during that stay, be considered as if he
resided in the territory of that other Member State.
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 or self-
employed person has been subject to the legislation of another Member
State and which commenced during the relevant income tax year within
the meaning of United Kingdom, legislation shall be taken into account
in the following way:
(a) Periods 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 to
have paid contributions as an employed earner on the basis of
earnings equivalent to two-thirds of that year's upper earnings
limit;
(ii) for each week of insurance, self-employment or residence as a
self-employed person the person concerned shall be deemed to
have paid class 2 contributions as a self-employed earner.
(b) Periods from 6 April 1987 onwards:
(i) for each week of insurance, employment or residence as an
employed person, the person concerned shall be deemed to
have received, and paid contributions as an employed earner,
for, weekly earnings equivalent to two-thirds of that week's
upperear nings limit;
(ii) for each week of insurance, self-employment or residence as a
self-employed person the person concerned shall be deemed to
have paid class 2 contibutions as a self-employed earner.
(c) For each full week during which he has completed a period treated
as a period of insurance, employment, self-employment or
residence, the person concerned shall be deemed to have had
contributions or earnings credited to him as appropriate, but only to
the extent required to bring his total earnings factor for that tax
year to the level required to make that tax year a reckonable year
within the meaning of the United Kingdom legislation governing
the crediting of contributions or earnings.
13.2. For the purposes of Article 46 (2) (b) of the Regulation, where:
(a) if in any income tax year starting on or after 6 April 1975, an
employed person has completed periods of insurance, employment
orr esidence exclusively in a MemberState otherthan the United
Kingdom, and the application of paragraph 1 (a) (i) or paragraph 1
(b) (i) r esults in that yearbeing counted as a qualifying yearwithin
the meaning of United Kingdom legislation forthe pur poses of
Article 46 (2) (a) of the Regulation, he shall be deemed to have
been insured for 52 weeks in that year in that other Member State:
(b) any income tax year starting on or after 6 April 1975 does not
count as a qualifying yearwithin the meaning of United Kingdom
legislation for the purposes of Article 46 (2) (a) of the Regulation,
any periods of insurance, employment or residence completed in
that year shall be disregarded.
13.3. For the purpose of converting an earnings factor into periods of
insurance the earnings factor achieved in the relevant income tax year
within the meaning of United Kingdom legislation shall be divided by
that year's lower earnings limit. The result shall be expressed as a1971R1408 — EN — 01.09.2001 — 002.001 — 115
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whole number, any remaining fraction being ignored. The figure so
calculated shall be treated as representing the number of weeks of
insurance completed under United Kingdom legislation during that year
provided that such figure shall not exceed the number of weeks during
which in that yearthat per son was subject to that legislation.
14. In applying Article 40 (3) (a) (ii), account shall only be taken of periods
during which the employed or self-employed person was incapable of
work within the meaning of United Kingdom legislation.
15.1. For the purpose of calculating, under Article 46 (2) (a) of the
Regulation, the theoretical amount of that part of the pension which
consists of an additional component underUnited Kingdom legislation:
(a) the expression ‘earnings, contributions or increases’ in Article 47
(1) (b) of the Regulation shall be construed as meaning surpluses in
earnings factors as defined in the Social Security Pensions Act
1975 or, as the case may be, the Social Security Pensions (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 as construed in
subparagraph (a) above by dividing the aggregated surpluses
recorded under United Kingdom legislation by the number of
income tax years within the meaning of United Kingdom
legislation (including part income tax years) completed under
that legislation since 6 April 1978 which occur within the relevant
period of insurance.
15.2. The expression ‘periods of insurance or residence’ in Article 46 (2) of
the Regulation shall be construed, for the purpose of assessing the
amount of that part of the pension which consists of an additional
component underUnited Kingdom legislation, as meaning per iods of
insurance or residence which have been completed since 6 April 1978.
16. An unemployed person returning to the United Kingdom after the end
of the period of three months during which he continued to receive
benefits underthe legislation of the United Kingdom pur suant to
Article 69 (1) of the Regulation shall continue to be entitled to
unemployment benefits by way of derogation from Article 69 (2) if he
satisfies the conditions in the aforementioned legislation.
17. For the purposes of entitlement to severe disablement allowance any
employed orself-employed per son who is, orhas been, subject to
United Kingdom legislation in accordance with Title II of the
Regulation, excluding Article 13 (2) (f):
(a) shall, for the entire period during which he was employed or self-
employed and subject to United Kingdom legislation whilst present
or resident in another Member State, be treated as having been
present or resident in the United Kingdom;
(b) shall be entitled to have periods of insurance as an employed or
self-employed person completed in the territory and under the
legislation of another Member State treated as periods of presence
orr esidence 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 subjection
to United Kingdom legislation forthe pur poses of Title III of the
Regulation,
nor
(ii) make the United Kingdom the competent State forthe pr ovision of
the benefits provided for in Article 18, 38 or 39 (1) of the
Regulation.
19. Subject to any conventions concluded with individual MemberStates,
for the purposes of Article 13 (2) (f) of the Regulation and Article 10b
of the Implementing Regulation, United Kingdom legislation shall
cease to apply at the end of the day on the latest of the following three
days to any person previously subject to United Kingdom legislation as
an employed orself-employed per son:
(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 orself-employment,
whether permanent or temporary, during which that person was
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(c) the last day of any period of receipt of United Kingdom sickness or
maternity benefit (including benefits in kind for which the United
Kingdom is the competent State) orunemployment benefit which
(i) began before the date of transfer of residence to another
Member State or, if later,
(ii) immediately followed employment orself-employment in
anotherMemberState while that per son was subject to United
Kingdom 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, shall
not prevent:
(a) the application to him by the United Kingdom as the competent
State of the provisions relating to employed or self-employed
per sons of Title III, Chapter1 and Chapter2, Section 1 orAr ticle
40 (2) of the Regulation if he remains and employed or self-
employed person for those purposes and was last so insured under
the legislation of the United Kingdom;
(b) his treatment as an employed or self-employed person for the
purposes of Chapter 7 and 8 of Title III of the Regulation or
Articles 10 or 10a of the Implementing Regulation, provided
United Kingdom benefit underChapter1 of Title III is payable to
him in accordance with paragraph (a).
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 to benefits
intended solely as specific protection for the disabled.
21. Entitlement to family credit solely under the legislation of the United
Kingdom shall be suspended, where, over the same period and in
respect of the same member of the family, family benefits are payable
solely underthe legislation of Ir eland orup to the amount of those
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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
MemberState.
2. Where a person resident in Denmark is self-employed in Denmark and
gainfully employed in any otherMemberState.
3. For the agricultural accident insurance scheme and the old-age insurance
scheme for farmers: where he is self-employed in farming in Germany and
gainfully employed in any otherMemberState.
4. Where a person resident in Spain is self-employed in Spain and gainfully
employed in any otherMemberState.
5. Where he is self-employed in France and gainfully employed in any other
MemberState, except Luxembour g.
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 Member State.
8. Where he is self-employed in Italy and gainfully employed in any other
MemberState.
10. Where he is self-employed in Portugal and gainfully employed in any other
MemberState.
11. Where a person resident in Finland is self-employed in Finland and gainfully
employed in any otherMemberState.
12. Where a person resident in Sweden is self-employed in Sweden and gainfully
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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
allowances foremployed per sons.
(b) Dependency benefits provided for by legislation on dependency benefits
forself-employed per sons.
(c) Dependency benefits pr ovided forunderthe schemes forfor mer
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 fully liable
to tax underDanish 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 Comédie
française, 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 in
respect of qualified children under the Social Welfare (Consolidation) Act
1993 and amending legislation
H. ITALY
None
I. LUXEMBOURG
None
J. NETHERLANDS
None
K. AUSTRIA
None
L. PORTUGAL
None
M. FINLAND
None1971R1408 — EN — 01.09.2001 — 002.001 — 119
▼M5
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) Act
1992, relating to child benefit (including any higher rates for lone parents);
child dependency allowances paid to pensioners and guardian's allowance.
2.Gibraltar
Provisions under the Social Security (Open Long-Term Benefits Scheme)
Ordinance 1997 and the Social Security (Closed Long-Term Benefits
Scheme) Ordinance 1996 relating to child dependency increases paid to
pensioners and guardian's allowance.1971R1408 — EN — 01.09.2001 — 002.001 — 120
▼B
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 Regulation
(EEC) No 1408/71 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families moving
within the Community and Regulation (EEC) No 574/72 laying down the
procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 160, 20.
6. 1985, p. 1; Spanish text: DO Edicíon especial, 1985 (05.V4), p. 142;
Portuguese text; OJ DO Edição Especial, 1985 (05. F4), p. 142; Swedish text:
EGT, Specialutgåva 1994, område 05 (04), p. 61; Finnish text: EYVL:n
erityispainos 1994, alue 05 (04), p.61)
3. Council Regulation (EEC) No 1661/85 of 13 June 1985 laying down the
technical adaptations to the Community rules on social security for migrant
workers with regard to Greenland (OJ No L 160, 20. 6. 1985, p. 7; Spanish
text: DO Edicíon especial, 1985 (05.04), p. 148; Portuguese text: OJ Edição
Especial, 1985 (05.04), p. 148; Swedish text: EGT, Specialutgåva 1994,
område 05 (04), p. 67; Finnish text: EYVL:n erityispainos 1994, alue 05 (04),
p. 67)
4. Commission Regulation (EEC) No 513/86 of 26 February 1986 amending
Annexes 1, 4, 5 and 6 to Council Regulation (EEC) No 574/72 laying down
the procedure for implementing Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons, to self-employed
persons and to members of their families moving within the Community (OJ
No L 51, 28. 2. 1986, p. 44; Swedish text: EGT, Specialutgåva 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 December1986 amending
Regulation (EEC) No 1408/71 on the application of social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/71
(OJ No L 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 Regulation
(EEC) No 1408/71 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families moving
within the Community and Regulation (EEC) No 574/72 laying down the
procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 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 Regulation
(EEC) No 1408/71 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families moving
within the Community and Regulation (EEC) No 574/72 laying down the
procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 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 October1989 amending
Regulation (EEC) No 1408/71 on the application of social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/71
(OJ No L 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 Regulation
(EEC) No 1408/71 on the application of social security schemes to employedpersons, to self-employed persons and to members of their families moving
within the Community and Regulation (EEC) No 574/72 laying down the
procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 206, 29.
7. 1991, p. 2; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 46;
Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 46)1971R1408 — EN — 01.09.2001 — 002.001 — 121
▼B
10. Council Regulation (EEC) No 1247/92 of 30 April 1992 amending
Regulation (EEC) No 1408/71 on the application of social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/71
(OJ No L 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
Regulation (EEC) No 1408/71 on the application of social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/71
(OJ No L 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
Regulation (EEC) No 1408/71 on the application of social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/71
(OJ No L 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 Regulation
(EEC) No 1408/71 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families moving
within the Community, Regulation (EEC) No 574/72 laying down the
procedure for implementing Regulation (EEC) No 1408/71 and Regulation
(EEC) No 1247/92 amending Regulation (EEC) No 1408/71 (OJ No L 181,
23. 7. 1993, p. 1; Swedish text: EGT, Specialutgåva 1994, område 05 (06), p.
63; Finnish text: EYVL:n erityispainos 1994, alue 05 (06), p. 63)
14. Council Regulation (EC) No 3095/95 of 22 December1995 amending
Regulation (EEC) No 1408/71 on the application of social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community, Regulation (EEC) No 574/72 fixing
the procedure for implementing Regulation (EEC) No 1408/71, Regulation
(EEC) No 1247/92 amending Regulation (EEC) No 1408/71 and Regulation
(EEC) No 1945/93 amending Regulation (EEC) No 1247/92 (OJ No L 335,
30. 12. 1995, p. 1)
15. Council Regulation (EC) No 3096/95 of 22 December1995 amending
Regulation (EEC) No 1408/71 on the application of social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/71
(OJ No L 335, 30. 12. 1995, p. 10)
16. Council Regulation (EC) No 118/97 of 2 December1996 amending and
updating Regulation (EEC) No 1408/71 on the application of social security
schemes to employed persons, to self-employed persons and to members of
theirfamilies moving within the Community and Regulation (EEC) No 574/
72 laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 28, 30. 1. 1997, p. 1)1971R1408 — EN — 01.09.2001 — 002.001 — 122