1998D0565 — EN — 27.06.2002 — 001.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DECISION No 170
of 11 June 1998
amending Decision No 141 of 17 October 1989, concerning the compilation of the lists provided
for in Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72 of 21March 1 972
(Text with EEA relevance)
(98/565/EC)
(OJ L 275, 10.10.1998, p. 40)
Amended by:
Official Journal
No page date
►M1Decision2003/148/EC No 185 of 27 Jun e 2002 L 55 74 1.3.2003
Corrected by:
►C1Corrigendum, OJ L 173, 11.7.2003, p. 44 (2003/148/EC)
▼B
DECISION No 170
of 11 June 1998
amending Decision No 141 of 17 October 1989, concerning the
compilation of the lists provided for in Articles 94(4) and 95(4) of
Council Regulation (EEC) No 574/72 of 21March 1 972
(Text with EEA relevance)
(98/565/EC)
THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMU-
NITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
Having regard to Article 81(a) of Council Regulation (EEC) No 1408/
71 of 14 June 1971 on the application of social security schemes toemployed persons, self-employed persons, and members of their
families moving within the Community, under which it is made respon-
sible for dealing with all administrative questions and questions ofinterpretation arising from Regulation (EEC) No 1408/71 and subse-quent Regulations,
Having regard to Article 36(2) of the aforementioned Regulation (EEC)
No 1408/71,
Having regard to Articles 17(1) to (4), 29(1) to (3), 30(1) and (2), 94(4)
and (5), 95(4) and (5) and 102(2) of Regulation (EEC) No 574/72,
Having regard to Decision No 141 of 17 October 1989,Whereas there are grounds for revising Decision No 141 of 17 October
1989 in order particularly to take account of the introduction in Article
95 of Regulation(EEC) No 574/72 of anaverage cost per personinplace of an average cost for each pensioner and for the members ofhis family,
Whereas, however, this amendment of Article 95 of Regulation (EEC)
No 574/72 does not apply to relations with France until 1 January2002,
HAS DECIDED AS FOLLOWS:
Article 1
The lists provided for inArticles 94(4) an d 95(4) of Regulation(EEC)
No 574/72 shall be drawn up according to the following rules:
I. LIST PROVIDED FOR IN ARTICLE 94(4)
Families of employed or self-employed persons
1. For the purposes of applying paragraphs 1 to 4 of Article 17 of
Regulation(EEC) No 574/72, the followin g procedure shall be laiddown.
At the request of the employed or self-employed person, the compe-
tent institution, after completing Part A of Form E 109, shallforward two copies to the person concerned, who shall pass themonto the members of his family. The latter must submit the twocopies to the sickness insurance institution of the place of their resi-
dence when registering for the granting of benefits in kind.
If the members of the family do not submit the said certificate, the
institution of the place of residence shall request it from the compe-tent institution by means of Form E 107, whereupon the latterinstitution shall send the certificate in duplicate to the institution of
the place of residence.
After completing Part B, the institution of the place of residence of
the members of the family shall returna copy of Form E 109 to thesickness insurance institution with which the employed or self-employed personis in sured.1998D0565 — EN — 27.06.2002 — 001.002 — 2
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2. The date with effect from which the lump sums shall be calculated
is:
(a) the date on which entitlement to benefits in kind is acquired
under the legislation of the competent State; this date isrecorded onForm E 109
(b) the date of change of residence, where this is subsequent to the
date referred to under (a) above; this date is recorded on Form E
109
(c) the day following the date on which entitlement under Form E
106, E 111, E 112 or E 128 ends, if one of these forms hasbeen issued and specifies a precise date on which entitlementends; this date is recorded on Form E 109
(d) the date onwhich Form E 109 is received by the in stitutionof
the place of residence; this date is recorded on this form andconstitutes the date on which Form E 106, E 111, E 112 or E
128 ceases to have effect, if one of these forms has been issued
and does not specify a precise date on which entitlement ends.
If the members of the family are still entitled to receive benefits, in
connection with carrying out a professional activity or receiving areplacement income, under the legislation of their country of resi-dence or of another Member State, on a priority basis, inaccordance with the regulations, the lump sums shall be calculated
from the day following the date on which such entitlement ends.
3. The competent institution or the institution of the place of residence,
as the case may be, shall inform the institution of the place of resi-
dence or the competent institution of the suspension or withdrawalof entitlement to benefits in kind by sending it two copies of formE 108, with part A completed. The receiving institution, aftercompleting part B of the form, must return one copy to the sendinginstitution.
4. The date with effect from which the lump sums shall cease to be
paid is:
(a) the date of suspension or withdrawal of entitlement, if Form E
108 is received by the institution of the place of residencewithinthree mon ths of that date. The date is recorded ontheform and constitutes the date from which Form E 109 ceases to
apply
(b) the date onwhich Form E 108 is received by the in stitutionof
the place of residence, if that date is later than three monthsfollowing the date of suspension or withdrawal of entitlement.The date onwhich the form was received is recorded onthisform and constitutes the date from which Form E 109 ceases to
apply
(c) the date of suspension or withdrawal of entitlement notified by
the institution of the place of residence to the competent institu-
tion. This date shall be stated on form E 108 and shall be the
date onwhich form E 109 ceases to apply
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M1(d)◄the date on which entitlement to benefits in kind
under the legislation of the country of residence or of another
Member State is acquired, in accordance with the regulations,in connection with the carrying out of a professional activity inthat State, where this date is prior to the date referred to under(a) or (b). However, if under the legislation of the country of
residence entitlement to benefits in kind is subject not to condi-
tions of insurance or the exercise of an activity, but to residenceconditions, the date to be taken into account is the date onwhich professional activity commenced
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M1(e)◄the date from which there are no longer any family
members in the Member State of residence who meet the condi-tions of entitlement to these benefits under that Member State's1998D0565 — EN — 27.06.2002 — 001.002 — 3
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legislation, where this date is prior to the date referred to under
(a) or (b).
5. The institution of the place of residence shall keep the list up to
date, by taking as a basis its own information or that provided by
the competent institution concerning acquisition of entitlement
(form E 109) or suspension or withdrawal of such entitlement(form E 108), and taking account of the one-year validity of E 109forms issued by German, French, Italian and Portuguese institutions,though without prejudice to the form with which it is possible to endvalidity of this entitlement as soon as facts occur which, under the
legislationof these Member States, justify the withdrawal or suspen -
sion of entitlement to benefits.
6. Where the members of the family of the employed or self-employed
person transfer their place of residence to another Member Stateother than the competent Member State, the provisions of paragraph1 shall againbe applied.
7. For the purposes of calculating the number of monthly lump-sum
payments, the period during which the persons concerned may claimbenefits shall be counted in months.
The number of months shall be obtained by counting as a whole
month the calendar month which contains the day from which thecalculationof the lump sums has beenmade.
The calendar month during which entitlement has ceased shall not
be counted unless it is a complete month.
If the period is less than one month, it shall be counted as a month.
8. Where the members of anemployed or self-employed person 's
family are living in different countries of residence other than thecompetent State, and where the conditions of entitlement to benefitsin kind are met in each of the countries of residence, a lump sum
shall be calculated for each State.
9. The lump sums shall be calculated onthe basis of the figures
obtained from the forms mentioned in paragraph 5.
II. LIST PROVIDED FOR IN ARTICLE 95(4)
Pensioners and/or members of their families
1. For the purposes of applying paragraphs 1 to 3 of Article 29 and
paragraphs 1 and 5 of Article 30 of Regulation (EEC) No 574/72,the following procedure shall be laid down
At the request of the pensioner or of a member of his family, the
institution responsible for the pension, or the competent sicknessinsurance organisation of the Member State responsible for thepension shall, after completing Part A of Form E 121, forward twocopies to the person concerned. The latter must submit the twocopies to the sickness insurance institution of his place of residence
when registering for the granting of benefits in kind.
If the person does not submit the said certificate, the institution of
the place of residence shall ask the institution responsible for issuing
Form E 121 to do so by means of Form E 107, whereupon the latter
institution shall forward Form E 121 in duplicate to the institution ofthe place of residence. In the mean time, the latter institution mayprovisionally register the person on the basis of such documentationas is acceptable to it, but this registrationis n ot valid vis-à-vis the
other institution until the latter has issued the E 121 form.
After completing Part B, the institution of the place of residence of
the personshall returna copy of Form E 121 to the in stitutionwhichissued it.
Form E 121 is issued inrespect of a particular in dividual. Where
appropriate, one such form will be issued to the pensioner and/orone for each member of his family not residing in the Member Stateresponsible for the pension.1998D0565 — EN — 27.06.2002 — 001.002 — 4
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2. The date with effect from which the lump sums shall be calculated
is:
(a) the date on which entitlement to benefits in kind is acquired
under the legislation of the competent Member State; this date
is recorded onForm E 121
(b) the date of change of residence, where this is subsequent to the
date referred to under (a); this date is recorded on Form E 121
(c) the day following the date on which entitlement to benefits
under Form E 106, E 109, E 111, E 112, E 120 or E 128 ends,
if one of these forms has been issued and specifies a precise
date for the end of entitlement; this date is recorded on Form E121
(d) the date on which the institution of the place of residence
receives Form E 121. This date is recorded onthis form an dconstitutes the date on which Form E 106, E 109, E 111, E
112, E 120 or E 128 ceases to apply, if one of these forms has
been issued and no final validity date is specified.
If the pensioner or one of the members of his family is still entitled
to receive benefits, in connection with carrying out a professionalactivity or receiving a replacement income, under the legislation of
their country of residence or of another Member State, on a priority
basis, in accordance with the regulations, the lump sums shall becalculated from the day following the date on which such entitle-ment ends.
3.►
M1The competent institution or the institution of the place of
residence, as the case may be, shall inform the competent institution
or the institution of the place of residence of the suspension or with-drawal of entitlement to benefits in kind by forwarding two copiesof form E 108, with part A completed. After completing part B,the receiving institution shall return one of these copies to thesending institution.
Where the E 108 form suspends or cancels an E 121 form, it shall,
like the E 121 form, be issued inrespect of a particular in dividual;in the event of the suspension or cancellation of a number of E 121forms for members of the same family, as many E 108 forms mustbe issued as there are E 121 forms involved, even if the suspension
or cancellation dates are identical or if all the persons concerned are
registered with the same institution of the place of residence. ◄
4. The date with effect from which the lump sums shall cease to be
paid is:
(a) the date of suspension or withdrawal of entitlement, if Form E
108 is received by the institution of the place of residencewithinthree mon ths of that date. The date is recorded onthis
form and constitutes the date on which Form E 121 ceases to
apply
(b) the date onwhich Form E 108 is received by the in stitutionof
the place of residence, where this is more than three monthsafter the date of suspension or withdrawal of entitlement. The
date of receipt is recorded on this form and constitutes the date
onwhich Form E 121 ceases to apply
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M1►C1(c)◄◄the date of death of the pensioner or of a
member of his family or the date on which the pensioner ormember of his family changes residence to another Member
State, where this date is prior to the date referred to under (a)
or (b)
(d) the date of suspension or withdrawal of entitlement notified by
the institution of the place of residence to the competent institu-tion. This date shall be stated on form E 108 and shall be thedate onwhich form E 121 ceases to apply1998D0565 — EN — 27.06.2002 — 001.002 — 5
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►M1►C1(e)◄◄the date on which entitlement to benefits in
kind under the legislation of the country of residence or ofanother Member State is acquired in accordance with the regula-
tions in connection with the carrying out of a professional
activity in this State or the granting of a pension under the legis-lationof that same State, where this date is prior to the datereferred to under (a) or (b). However, if under the legislation ofthe country of residence entitlement to benefits in kind is subject
not to conditions of insurance or the exercise of an activity but
to residence conditions, the date to be taken into account is thedate onwhich the profession al activity was first carried out orthe date onwhich the pen sionfirst became payable
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M1►C1(f)◄◄the date from which a member of the
pensioner's family in the Member State of residence ceases to
meet the conditions of entitlement to benefits in kind under thelegislationof that coun try, where this date is prior to the datereferred to under (a) or (b).
5. The institution of the place of residence shall keep the list up to date
by taking as a basis its own information or that supplied by the insti-
tution responsible for the pension, or the competent sickness
insurance organisation of the Member State responsible for thepension, concerning acquisition of entitlement (form E 121) or thesuspension or withdrawal of entitlement to benefits (form E 108),and taking account of the one-year validity period of E 121 formsissued by the German, French, Italian and Portuguese institutions
concerning cases in which pensioners' family members reside in a
Member State other thanthe competen t Member State where thepensioner resides (Article 30 of Regulation (EEC) No 574/72),though without prejudice to the form with which it is possible toend validity of this entitlement as soon as facts occur which, under
the legislationof these Member States, justify the withdrawal or
suspension of entitlement to benefits.
6. Where the pensioner or a member of his family transfers his or her
place of residence to another Member State, other than the MemberState responsible for the pension, paragraph 1 shall again be applied.
7. For the purposes of calculating the number of monthly lump-sum
payments, the period during which the persons concerned may claim
benefits shall be counted in months.
The number of months shall be obtained by counting as a whole
month the calendar month which contains the day from which thecalculationof the lump sums has beenmade.
The calendar month during which entitlement has ceased shall not
be counted unless it is a complete month.
If the period is less than one month, it shall be counted as a month.
8. The lump sums shall be calculated onthe basis of the figures
obtained from the forms mentioned in paragraph 5.
Article 2
For the purposes of applying Article 102 (2) of Regulation (EEC)
No 574/72, the institutions of the place of residence shall forwardevery year to their national institutions and bodies designated in Annex10 of Regulation (EEC) No 574/72 the individual statements of
monthly lump-sum payments (Form E 127) drawn up on the basis of
the lists provided for inArticles 94 an d 95 of Regulation(EEC)No 574/72
The designated institutions and bodies of the country of residence shall
send the aforementioned statements to the designated institutions andbodies of the competent State.
The E 127 forms shall indicate the number of monthly lump-sum
payments due in respect of a single year for each family of anemployed or self-employed person. In the case of pensioners and/ormembers of their families, the E 127 forms shall indicate the number1998D0565 — EN — 27.06.2002 — 001.002 — 6
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of monthly lump-sum payments per person due in respect of a single
year.
Article 3
On the entry into force of this Decision, a list of those persons and/or
membes of their families entitled, under an E 121 or E 122 form issued
prior to this date and still valid, to benefits in kind in their State of
residence shall be compiled in accordance with the following proce-dure:
— E 121 (family) forms remain valid until they are cancelled and/or
replaced for the pensioner only, thus excluding the members of the
pensioner's family
— in respect of each member of the family of a pensioner previously
registered onthe basis of a former E 121 (family) form, a n ew E
121 (individual) form is to be issued, taking effect on the entryinto force of this Decision. This latter date shall serve as thecommencement date for the purposes of calculating lump-sumpayments in respect of this person
— the above provisions shall also apply to each member of the family
of a pensioner previously registered on the basis of an E 122 form.
Article 4
This Decisionshall be published inthe Official Journal of the
European Communities .
It replaces DecisionNo 141 of 17 October 1989.It shall be applicable from 1 January 1998.However, in relations with France:the provisions of the present Decision concerning the establishment of
the lists provided for inArticle 95 (4) of Regulation(EEC) No 574/72,
which result from the introduction into Article 95 of this Regulation ofan average cost per person for pensioners and the members of theirfamilies, shall apply only from 1 January 2002;
the provisions of Decision No 141 of 17 October 1989 concerning the
establishment of the lists provided for in Article 95 (4) of Regulation
(EEC) No 574/71, inits versionprior to 1 Jan uary 1998, which result
from the calculation of an average cost per family unit for pensionersand members of their families, shall remain applicable until 31December 2001.1998D0565 — EN — 27.06.2002 — 001.002 — 7