IV. SOCIAL POLICY

A. SOCIAL SECURITY

1. 371 R 1408: Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self- employed persons and to members of their families moving within the Community (OJ No L 149, 5.7.1971, p. 2), as amended and updated by:

- 383 R 2001: Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22.8.1983, p. 6),

and subsequently amended by:

- 385 R 1660: Council Regulation (EEC) No 1660/85 of 13 June 1985 (OJ No L 160, 20.6.1985, p. 1),

- 385 R 1661: Council Regulation (EEC) No 1661/85 of 13 June 1985 (OJ No L 160, 20.6.1985, p. 7),

- 185 I: Act concerning the conditions of accession and the adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23),

- 386 R 3811: Council Regulation (EEC) No 3811/86 of 11 December 1986 (OJ No L 355, 16.12.1986, p. 5),

- 389 R 1305: Council Regulation (EEC) No 1305/89 of 11 May 1989 (OJ No L 131, 13.5.1989, p. 1),

- 389 R 2332: Council Regulation (EEC) No 2332/89 of 18 July 1989 (OJ No L 224, 2.8.1989, p. 1),

- 389 R 3427: Council Regulation (EEC) No 3427/89 of 30 October 1989 (OJ No L 331, 16.11.1989, p. 1),

- 391 R 2195: Council Regulation (EEC) No 2195/91 of 25 June 1991 (OJ No L 206, 29.7.1991, p. 2),

- 392 R 1247: Council Regulation (EEC) No 1247/92 of 30 April 1992 (OJ No L 136, 19.5.1992, p. 1),

- 392 R 1248: Council Regulation (EEC) No 1248/92 of 30 April 1992 (OJ No L 136, 19.5.1992, p. 7),

- 392 R 1249: Council Regulation (EEC) No 1249/92 of 30 April 1992 (OJ No L 136, 19.5.1992, p. 28),

- 393 R 1945: Council Regulation (EEC) No 1945/93 of 30 June 1993 (OJ No L 181, 23.7.1993, p. 1).

(a) In Article 82 (1), the figure '72` is replaced by '96`;

(b) Annex I, Part I 'Employed persons and/or self-employed persons (Article 1 (a) (ii) and (iii) of the Regulation)` is amended as follows:

(i) after the words 'Does not apply.` under the heading 'J. NETHERLANDS` insert:

' K. NORWAY

Any person who is an employed or self-employed person within the meaning of the National Insurance Act shall be considered respectively as employed or self-employed within the meaning of Article 1 (a) (ii) of the Regulation.

L. AUSTRIA

Does not apply.`;

(ii) the headings 'K. PORTUGAL` and 'L. UNITED KINGDOM` become 'M. PORTUGAL` and 'P. UNITED KINGDOM`;

(iii) after the words 'Does not apply.` under the heading 'M. PORTUGAL` insert:

' N. 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.

O. 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 within the meaning of Article 1 (a) (ii) of the Regulation.`;

(c) Annex I, Part II 'Members of the family (second sentence of Article 1 (f) of the Regulation)` is amended as follows:

(i) after the entry under the heading 'J. NETHERLANDS` insert:

'K. NORWAY

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 or a child under the age of 25.

L. AUSTRIA

Does not apply.`;

(ii) the headings 'K. PORTUGAL` and 'L. UNITED KINGDOM` become 'M. PORTUGAL` and 'P. UNITED KINGDOM`;

(iii) after the words 'Does not apply.` under the heading 'M. PORTUGAL` insert:

'N. 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 or a child as defined by the Sickness Insurance Act.

O. 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 or a child under the age of 18.`;

(d) Annex II '(Article 1 (j) and (u) of the Regulation)`, Part I. 'Special schemes for self- employed persons excluded from the scope of the Regulation pursuant to the fourth subparagraph of Article 1 (j)` is amended as follows:

(i) after the words 'Does not apply.` under the heading 'J. NETHERLANDS` insert:

'K. NORWAY

Does not apply.

L. AUSTRIA

Insurance and welfare institutions (Versicherungs- und Versorgungswerke), "welfare in particular funds" (Fuersorgeeinrichtungen) and the system for extending fee- sharing (erweiterte Honorarverteilung) for doctors, veterinary surgeons, barristers and counsel, and civil engineers (Ziviltechniker)`;

(ii) the headings 'K. PORTUGAL` and 'L. UNITED KINGDOM` become 'M. PORTUGAL` and 'P. UNITED KINGDOM`;

(iii) after the words 'Does not apply` under the heading 'M. PORTUGAL` insert:

'N. FINLAND

Does not apply.

O. SWEDEN

Does not apply.`;

(e) Annex II, Part II 'Special childbirth allowances excluded from the scope of the Regulation pursuant to Article 1 (u)` is amended as follows:

(i) after the word 'None` under the heading 'J. NETHERLANDS` insert:

'K. NORWAY

Lump-sum grants payable on childbirth pursuant to the National Insurance Act.

L. AUSTRIA

The general part of the childbirth allowance.`;

(ii) the headings 'K. PORTUGAL` and 'L. UNITED KINGDOM` become 'M. PORTUGAL` and 'P. UNITED KINGDOM`;

(iii) after the word 'None` under the heading 'M. PORTUGAL` insert:

'N. FINLAND

The maternity package or the maternity lump-sum grant pursuant to the Maternity Grant Act.

O. SWEDEN

None.`;

(f) Annex II, Part III 'Special non-contributory benefits within the meaning of Article 4 (2b) which do not fall within the scope of the Regulation` is amended as follows:

(i) after the word 'None.` under the heading 'J. NETHERLANDS` insert:

'K. NORWAY

None.

L. AUSTRIA

Benefits granted under Bundeslaender legislation for disabled persons and persons in need of care.`;

(ii) the headings 'K. PORTUGAL` and 'L. UNITED KINGDOM` become 'M. PORTUGAL` and 'P. UNITED KINGDOM`;

(iii) after the word 'None` under the heading 'M. PORTUGAL` insert:

'N. FINLAND

None.

O. SWEDEN

None.`;

(g) Annex IIa '(Article 10a of the Regulation)` is amended as follows:

(i) after the word 'None.` under the heading 'J. NETHERLANDS` insert:

'K. NORWAY

(a) Basic benefit and attendance benefit in accordance with Article 8 (2) of the National Insurance Act of 17 June 1966 No 12 to cover extra expenses or the need for special attention, nursing or domestic help incurred by the disability, except for instances where the beneficiary is drawing an old-age, disability or survivors pension from the National Insurance Scheme.

(b) Guaranteed minimum supplementary pension to persons who are born disabled or become disabled at an early age in accordance with Articles 7 (3) and 8 (4) of the National Insurance Act of 17 June 1966 No 12.

(c) Child- care benefit and educational benefit to surviving spouse in accordance with Articles 10 (2) and 10 (3) of the National Insurance Act of 17 June 1966 No 12.

L. 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-BSVG).

(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.`;

(ii) the headings 'K. PORTUGAL` and 'L. UNITED KINGDOM` become 'M. PORTUGAL` and 'P. UNITED KINGDOM`;

(iii) after the last entry under the heading 'K. PORTUGAL` insert:

'N. FINLAND

(a) Child-care allowance (Child-Care Allowance Act, 444/69).

(b) Disability allowance (Disability Allowance Act, 124/88).

(c) Housing allowance for pensioners (Act concerning the Housing Allowance for Pensioners, 591/78).

(d) Basic unemployment allowance (Unemployment Allowance Act, 602/84) in cases where a person does not fulfil the corresponding conditions for the earnings-related unemployment allowance.

O. SWEDEN

(a) Municipal Housing Supplements to basic pensions (Law 1962:392 reprinted 1976:1014).

(b) Handicap allowances which are not paid to a person receiving a pension (Law 1962:381 reprinted 1982:120).

(c) Care allowances for handicapped children (Law 1962:381 reprinted 1982:120).`;

(h) Annex III, Part A 'Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation` is amended as follows:

(i) after the word 'None.` under the heading '9. BELGIUM-NETHERLANDS` insert:

' 10. BELGIUM-NORWAY

No convention.

11. 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.`;

(ii)

the numbering of the heading 'BELGIUM-PORTUGAL` is changed from '10` to '12` and the following is inserted:

'13. BELGIUM-FINLAND

No convention.

14. BELGIUM-SWEDEN

No convention.`;

(iii)

the numbering of the heading 'BELGIUM-UNITED KINGDOM` is changed from '11` to '15` and the subsequent headings are renumbered as follows:

'16. DENMARK-GERMANY`

'17. DENMARK- SPAIN`

'18. DENMARK-FRANCE`

'19. DENMARK-GREECE`

'20. DENMARK-IRELAND`

'21. DENMARK-ITALY`

'22. DENMARK-LUXEMBOURG`

'23. DENMARK-NETHERLANDS`;

(iv)

after the words 'No Convention` under the heading '23. DENMARK- NETHERLANDS` insert:

'24. DENMARK- NORWAY

Article 10 of the Nordic Convention on social security of 15 June 1992.

25. 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.`;

(v)

the numbering of the heading 'DENMARK-PORTUGAL` is changed from '20` to '26` and the following is inserted:

'27. DENMARK-FINLAND

Article 10 of the Nordic Convention on social security of 15 June 1992.`;

28. DENMARK-SWEDEN

Article 10 of the Nordic Convention on social security of 15 June 1992.`;

(vi)

the numbering of the heading 'DENMARK-UNITED KINGDOM` is changed from '21` to '29` and the subsequent headings are renumbered as follows:

'30. GERMANY-SPAIN`

'31. GERMANY- FRANCE`

'32. GERMANY-GREECE`

'33. GERMANY-IRELAND`

'34. GERMANY-ITALY`

'35. GERMANY-LUXEMBOURG`

'36. GERMANY-NETHERLANDS`

(vii)

after the entry under the heading '36. GERMANY-NETHERLANDS` the following is inserted:

'37. GERMANY-NORWAY

No convention.

38. 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) 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 is already granted or could be granted on 1 January 1994;

(ii) the person concerned has taken up ordinary residence in Austria before 1 January 1994 and the granting of pensions from pension and accident insurance starts before 31 December 1994.

(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision 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.`;

(viii)

the numbering of the heading 'GERMANY-PORTUGAL` is changed from '29` to '39` and the following is inserted:

'40. GERMANY-FINLAND

(a) Article 4 of the Convention on social security of 23 April 1979.

(b) Point 9 (a) of the Final Protocol to the said Convention.

41. 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.`;

(ix)

the numbering of the heading 'GERMANY-UNITED KINGDOM` is changed from '30` to '42` and the subsequent headings are renumbered as follows:

'43. SPAIN-FRANCE`

'44. SPAIN- GREECE`

'45. SPAIN-IRELAND`

'46. SPAIN-ITALY`

'47. SPAIN-LUXEMBOURG`

'48. SPAIN- NETHERLANDS`;

(x)

after the entry under the heading '48. SPAIN-NETHERLANDS` the following is inserted:

'49. SPAIN-NORWAY

No convention.

50. 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.`;

(xi)

the numbering of the heading 'SPAIN-PORTUGAL` is changed from '37` to '51` and the following is inserted:

'52. SPAIN-FINLAND

Article 5 (2) of the Convention on social security of 19 December 1985.

53. SPAIN-SWEDEN

Articles 5 (2) and 16 of the Convention on social security of 29 June 1987.`;

(xii)

the numbering of the heading 'SPAIN-UNITED KINGDOM` is changed from '38` to '54` and the subsequent headings are renumbered as follows:

'55. FRANCE-GREECE`

'56. FRANCE-IRELAND`

'57. FRANCE-ITALY`

'58. FRANCE- LUXEMBOURG`

'59. FRANCE-NETHERLANDS`

(xiii)

after the entry under the heading '59. FRANCE- NETHERLANDS` the following is inserted:

'60. FRANCE-NORWAY

None.`

'61. FRANCE- AUSTRIA

None.`;

(xiv)

the numbering of the heading 'FRANCE-PORTUGAL` is changed from '44` to '62` and the following is inserted:

'63. FRANCE-FINLAND

None.

64. FRANCE-SWEDEN

None`;

(xv)

the numbering of the heading 'FRANCE-UNITED KINGDOM` is changed from '45` to '65` and the subsequent headings are renumbered as follows:

'66. GREECE-IRELAND`

'67. GREECE-ITALY`

'68. GREECE- LUXEMBOURG`

'69. GREECE-NETHERLANDS`;

(xvi)

after the entry under the heading '69. GREECE- NETHERLANDS` the following is inserted:

'70. GREECE-NORWAY

Article 16 (5) of the Convention on social security of 12 June 1980.

71. 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.`;

(xvii)

the numbering of the heading 'GREECE-PORTUGAL` is changed from '50` to '72` and the following is inserted:

'73. GREECE-FINLAND

Articles 5 (2) and 21 of the Convention on social security of 11 March 1988.

74. 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.`;

(xviii)

the numbering of the heading 'GREECE-UNITED KINGDOM` is changed from '51` to '75` and the subsequent headings are renumbered as follows:

'76. IRELAND-ITALY`

'77. IRELAND-LUXEMBOURG`

'78. IRELAND- NETHERLANDS`;

(xix)

after the entry under the heading '78. IRELAND-NETHERLANDS` the following is inserted:

'79. IRELAND-NORWAY

No convention.

80. IRELAND-AUSTRIA

Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.`;

(xx)

the numbering of the heading 'IRELAND-PORTUGAL` is changed from '55` to '81` and the following inserted:

'82. IRELAND- FINLAND

No convention.

83. IRELAND-SWEDEN

No convention.`;

(xxi)

the numbering of the heading 'IRELAND-UNITED KINGDOM` is changed from '56` to '84` and the subsequent headings are renumbered as follows:

'85. ITALY-LUXEMBOURG`

'86. ITALY-NETHERLANDS`;

(xxii)

after the entry under the heading '86. ITALY-NETHERLANDS` the following is inserted:

'87. ITALY-NORWAY

None.

88. 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.`;

(xxiii)

the numbering of the heading 'ITALY-PORTUGAL` is changed from '59` to '89` and the following is inserted:

'90. ITALY-FINLAND

No convention.

91. ITALY-SWEDEN

Article 20 of the Convention on social security of 25 September 1979.`;

(xxiv)

the numbering of the heading 'ITALY-UNITED KINGDOM` is changed from '60` to '92` and the subsequent heading is renumbered as follows:

'93. LUXEMBOURG-NETHERLANDS`;

(xxv)

after the entry under the heading '93. LUXEMBOURG- NETHERLANDS` the following is inserted:

'94. LUXEMBOURG-NORWAY

None.

95. 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 October 1978.

(b) Article 3 (2) of the said Convention as regards persons residing in a third State.

(c) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.`;

(xxvi)

the numbering of the heading 'LUXEMBOURG-PORTUGAL` is changed from '62` to '96` and the following is inserted:

'97. LUXEMBOURG-FINLAND

Article 5 (2) of the Convention on social security of 15 September 1988.

98. 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.`;

(xxvii)

the numbering of the heading 'LUXEMBOURG-UNITED KINGDOM` is changed from '63` to '99` and the following is inserted:

' 100. NETHERLANDS-NORWAY

Article 5 (2) of the Convention on social security of 13 April 1989.

101. 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.`;

(xxviii)

the numbering of the heading 'NETHERLANDS-PORTUGAL` is changed from '64` to '102` and the following is inserted:

'103. NETHERLANDS-FINLAND

No convention.

104. 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.`;

(xxix)

the numbering of the heading 'NETHERLANDS-UNITED KINGDOM` is changed from '65` to '105` and the following is inserted:

'106. NORWAY-AUSTRIA

(a) Article 5 (2) of the Convention on social security of 27 August 1985.

(b) Article 4 of the said Convention as regards persons residing in a third State.

(c) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

107. NORWAY-PORTUGAL

Article 6 of the Convention on social security of 5 June 1980.

108. NORWAY- FINLAND

Article 10 of the Nordic Convention on social security of 15 June 1992.

109. NORWAY- SWEDEN

Article 10 of the Nordic Convention on social security of 15 June 1992.

110. NORWAY-UNITED KINGDOM

None.

111. AUSTRIA-PORTUGAL

None.

112. 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.

113. AUSTRIA-SWEDEN

(a) Articles 4 and 24 (1) of the Convention on social security of 11 November 1975 as amended by the Complementary Convention of 21 October 1982 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.

114. 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.

115. PORTUGAL-FINLAND

No convention.

116. PORTUGAL- SWEDEN

Article 6 of the Convention on social security of 25 October 1978.`;

(xxx)

the numbering of the heading 'PORTUGAL-UNITED KINGDOM` is changed from '66` to '117` and the following is inserted:

'118. FINLAND-SWEDEN

Article 10 of the Nordic Convention on social security of 15 June 1992.

119. FINLAND-UNITED KINGDOM

None.

120. SWEDEN-UNITED KINGDOM

Article 4 (3) of the Convention on social security of 29 June 1987.`;

(i) Annex III, Part B 'Provisions of Conventions which do not apply to all persons to whom the Regulation applies` is amended as follows:

(i)

after the entry under the heading '9. BELGIUM-NETHERLANDS` the following is inserted:

' 10. BELGIUM-NORWAY

No convention.

11. 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.';

(ii)

the numbering of the heading 'BELGIUM-PORTUGAL` is changed from '10` to '12` and the following is inserted:

'13. BELGIUM-FINLAND

No convention.

14. BELGIUM- SWEDEN

No convention.`;

(iii)

the numbering of the heading 'BELGIUM-UNITED KINGDOM` is changed from '11` to '15` and the subsequent headings are renumbered as follows:

'16. DENMARK-GERMANY`

'17. DENMARK-SPAIN`

'18. DENMARK-FRANCE`

'19. DENMARK-GREECE`

'20. DENMARK- IRELAND`

'21. DENMARK-ITALY`

'22. DENMARK-LUXEMBOURG`

'23. DENMARK- NETHERLANDS`;

(iv)

after the entry under the heading `23. DENMARK-NETHERLANDS' the following is inserted:

'24. DENMARK-NORWAY

None.

25. 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.`;

(v)

the numbering of the heading 'DENMARK-PORTUGAL` is changed from '20` to '26` and the following is inserted:

'27. DENMARK- FINLAND

None.

28. DENMARK-SWEDEN

None.`;

(vi)

the numbering of the heading 'DENMARK- UNITED KINGDOM` is changed from '21` to '29` and the subsequent headings are renumbered as follows:

'30. GERMANY-SPAIN`

'31. GERMANY-FRANCE`

'32. GERMANY-GREECE`

'33. GERMANY- IRELAND`

'34. GERMANY-ITALY`

'35. GERMANY-LUXEMBOURG`

'36. GERMANY- NETHERLANDS`;

(vii)

after the entry under the heading '36. GERMANY-NETHERLANDS` the following is inserted:

'37. GERMANY-NORWAY

No convention.

38. 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 is already granted or could be granted on 1 January 1994;

(ii) the person concerned has taken up ordinary residence in Austria before 1 January 1994 and the granting of pensions from pension and accident insurance started before 31 December 1994.

(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision 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.`;

(viii)

the numbering of the heading 'GERMANY-PORTUGAL` is changed from '29` to '39` and the following is inserted:

'40. GERMANY- FINLAND

Article 4 of the Convention on social security of 23 April 1979.

41. GERMANY-SWEDEN

Article 4 (2) of the Convention on social security of 27 February 1976.`;

(ix)

the numbering of the heading 'GERMANY-UNITED KINGDOM` is changed from '30` to '42` and the subsequent headings are renumbered as follows:

'43. SPAIN-FRANCE`

'44. SPAIN-GREECE`

'45. SPAIN-IRELAND`

'46. SPAIN-ITALY`

'47. SPAIN-LUXEMBOURG`

'48. SPAIN-NETHERLANDS`

(x)

after the entry under the heading '48. SPAIN- NETHERLANDS` the following is inserted:

'49. SPAIN-NORWAY

No convention.

50. 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.`;

(xi)

the numbering of the heading 'SPAIN-PORTUGAL` is changed from '37` to '51` and the following is inserted:

'52. SPAIN-FINLAND

Article 5 (2) of the Convention on social security of 19 December 1985.

53. SPAIN-SWEDEN

Articles 5 (2) and 16 of the Convention on social security of 29 June 1987.`;

(xii)

the numbering of the heading 'SPAIN-UNITED KINGDOM` is changed from '38` to '54` and the subsequent headings are renumbered as follows:

'55. FRANCE-GREECE`

'56. FRANCE-IRELAND`

'57. FRANCE-ITALY`

'58. FRANCE-LUXEMBOURG`

'59. FRANCE-NETHERLANDS`

(xiii)

after the entry under the heading '59. FRANCE-NETHERLANDS` the following is inserted:

'60. FRANCE- NORWAY

None.

61. FRANCE-AUSTRIA

None.`;

(xiv)

the numbering of the heading 'FRANCE- PORTUGAL` is changed from '44` to '62` and the following is inserted:

'63. FRANCE-FINLAND

No convention.

64. FRANCE-SWEDEN

None.`;

(xv)

the numbering of the heading 'FRANCE-UNITED KINGDOM` is changed from '45` to '65` and the subsequent headings are renumbered as follows:

'66. GREECE-IRELAND`

'67. GREECE-ITALY`

'68. GREECE-LUXEMBOURG`

'69. GREECE- NETHERLANDS`

(xvi)

after the entry under the heading '69. GREECE-NETHERLANDS` the following is inserted:

'70. GREECE-NORWAY

None.

71. 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.`;

(xvii)

the numbering of the heading 'GREECE-PORTUGAL` is changed from '50` to '72` and the following is inserted:

'73. GREECE-FINLAND

Article 5 (2) of the Convention on social security of 11 March 1988.

74. 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.`;

(xviii)

the numbering of the heading 'GREECE-UNITED KINGDOM` is changed from '51` to '75` and the numbering of the subsequent headings is changed as follows:

'76. IRELAND-ITALY`

'77. IRELAND-LUXEMBOURG`

'78. IRELAND- NETHERLANDS`;

(xix)

after the entry under the heading '78. IRELAND-NETHERLANDS` the following is inserted:

'79. IRELAND-NORWAY

No convention.

80. IRELAND-AUSTRIA

Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.`;

(xx)

the numbering of the heading 'IRELAND-PORTUGAL` is changed from '55` to '81` and the following is inserted:

'82. IRELAND- FINLAND

No convention.

83. IRELAND-SWEDEN

No convention.`;

(xxi)

the numbering of the heading 'IRELAND-UNITED KINGDOM` is changed from '56` to '84` and the subsequent headings are renumbered as follows:

'85. ITALY-LUXEMBOURG`

'86. ITALY-NETHERLANDS`;

(xxii)

after the entry under the heading '86. ITALY-NETHERLANDS` the following is inserted:

'87. ITALY-NORWAY

None.

88. 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.`;

(xxiii)

the numbering of the heading 'ITALY-PORTUGAL` is changed from '59` to '89` and the following is inserted:

'90. ITALY-FINLAND

No convention.

91. ITALY-SWEDEN

Article 20 of the Convention on social security of 25 September 1979.`;

(xxiv)

the numbering of the heading 'ITALY-UNITED KINGDOM` is changed from '60` to '92` and the subsequent heading is renumbered as follows:

'93. LUXEMBOURG-NETHERLANDS`;

(xxv)

after the entry under the heading '93. LUXEMBOURG- NETHERLANDS` the following is inserted:

'94. LUXEMBOURG-NORWAY

None.

95. 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 October 1978.

(b) Article 3 (2) of the said Convention as regards persons residing in a third State.

(c) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.`;

(xxvi)

the numbering of the heading 'LUXEMBOURG-PORTUGAL` is changed from '62` to '96` and the following is inserted:

'97. LUXEMBOURG-FINLAND

Article 5 (2) of the Convention on social security of 15 September 1988.

98. 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.';

(xxvii)

the numbering of the heading 'LUXEMBOURG-UNITED KINGDOM` is changed from '63` to '99` and the following is inserted:

'100. NETHERLANDS- NORWAY

Article 5 (2) of the Convention on social security of 13 April 1989.

101. 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.`;

(xxviii)

the numbering of the heading 'NETHERLANDS-PORTUGAL` is changed from '64` to '102` and the following is inserted:

'103. NETHERLANDS-FINLAND

No convention.

104. 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.`;

(xxix)

the numbering of the heading 'NETHERLANDS-UNITED KINGDOM` is changed from '65` to '105` and the following is inserted:

'106. NORWAY-AUSTRIA

(a) Article 5 (2) of the Convention on social security of 27 August 1985.

(b) Article 4 of the said Convention as regards persons residing in a third State.

(c) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

107. NORWAY- PORTUGAL

None.

108. NORWAY-FINLAND

None.

109. NORWAY-SWEDEN

None.

110. NORWAY- UNITED KINGDOM

None.

111. AUSTRIA-PORTUGAL

None.

112. 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.

113. AUSTRIA-SWEDEN

(a) Articles 4 and 24 (1) of the Convention on social security of 11 November 1975 as amended by the Complementary Convention of 21 October 1982 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.

114. 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.

115. PORTUGAL-FINLAND

No convention.

116. PORTUGAL-SWEDEN

Article 6 of the Convention on social security of 25 October 1978.`;

(xxx)

the numbering of the heading 'PORTUGAL-UNITED KINGDOM` is changed from '66` to '117` and the following is inserted:

'118. FINLAND-SWEDEN

None.

119. FINLAND-UNITED KINGDOM

None.

120. SWEDEN-UNITED KINGDOM

Article 4 (3) of the Convention on social security of 29 June 1987.`;

(j) Annex IV, Part A 'Legislation 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` is amended as follows:

(i) after the entries under the heading 'J. NETHERLANDS` the following is inserted:

' K. NORWAY

None.

L. AUSTRIA

None.`;

(ii) the heading 'K. PORTUGAL` is changed to 'M. PORTUGAL`

(iii) after the entry under the heading 'M. PORTUGAL` the following is inserted:

'N. FINLAND

National pensions to persons who are born disabled or become disabled at an early age (the National Pensions Act (547/93)).

O. SWEDEN

None.`;

(iv) the heading 'L. UNITED KINGDOM` is changed to 'P. UNITED KINGDOM`;

(k) Annex IV, Part B 'Special schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of Regulation No 1408/71` is amended as follows:

(i) after the entry under the heading `J. THE NETHERLANDS' insert the following:

'K. NORWAY

None.

L. AUSTRIA

None.`;

(ii) the heading 'K. PORTUGAL` is changed to 'M. PORTUGAL` and the following is inserted:

'N. FINLAND

None.

O. SWEDEN

None.`;

(iii) the heading 'L. UNITED KINGDOM` is changed to 'P. UNITED KINGDOM`;

(l) Annex IV, Part 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` is amended a follows:

(i) after the entry under the heading 'J. NETHERLANDS` insert the following:

'K. NORWAY

All applications for old-age pensions, except pensions mentioned in Annex IV D.

L. AUSTRIA

None.`;

(ii) the heading 'K. PORTUGAL` is changed to 'M. PORTUGAL` and the following is inserted:

'N. FINLAND

None.

O. SWEDEN

All applications for old-age basic and supplementary pensions except pensions mentioned in Annex IV D.`;

(iii) the heading 'L. UNITED KINGDOM` is changed to 'P. UNITED KINGDOM`;

(m) Annex IV, Part D is replaced by the following:

'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 October 1989 at the latest.

(c) The Spanish death allowances and survivors' pensions granted under the general and special schemes.

(d) The widows' allowance under the widowhood insurance of the French general social security system or the agricultural workers' system.

(e) The widowers' or widows' invalidity pension under the French general social security system or the agricultural workers' system, when calculated on the basis of the invalidity pension of a deceased spouse, paid in accordance with Article 46 (1) (a) (i).

(f) The Netherlands widows' pension under the law of 9 April 1959 governing the general insurance for widows and orphans, as amended.

(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).

(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 for total incapacity for work (inabilità).

(d) Luxembourg invalidity and survivors' pensions.

(e) Norwegian disability pensions, also when converted into an old-age pension upon reaching pensionable age, and all pensions (survivors' and old-age pensions) based on a deceased person's pension earnings.

(f) Finnish employment pensions for which account is taken of future periods according to the national legislation.

(g) 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:

Agreement of 20 July 1978 between the Government of the Grand Duchy of Luxembourg and the Government of the Federal Republic of Germany concerning various social security matters.

Nordic Convention of 15 June 1992 on social security.`;

(n) Annex VI is amended as follows:

(i) after the entry under the heading 'J. NETHERLANDS` the following is inserted:

' K. NORWAY

1. The transitional provisions of the Norwegian legislation entailing a reduction of the insurance period which is required for a full supplementary pension for persons born before 1937 shall be applicable to persons covered by the Regulation provided that they have been residents of Norway, or engaged in gainful occupation as employed or self-employed in Norway, for such a number of years as is required after their sixteenth birthday and before 1 January 1967. This requirement shall be one year for each year the person's year of birth falls before 1937.

2. A person insured under the National Insurance Act who provides care to insured care-needing old, disabled or sick persons shall, according to prescribed conditions, be credited pension points for such periods. Likewise, a person who takes care of small children shall be credited pension points when staying in another Member State than Norway provided that the person concerned is on parental leave under Norwegian labour law.

3. Insofar as Norwegian survivors' or disability pension is payable under the Regulation, calculated in accordance with Article 46 (2) and by applying Article 45, the provisions of Sections 8-1 (3) and 10-11 (3) of the National Insurance Act by which a pension may be granted by making an exception from the general requirement of having been insured under the National Insurance Act during the last three years up to the contingency, shall not apply.

L. AUSTRIA

1. For the purpose of applying Chapter 1 of Title III of the Regulation, a person receiving a civil servant's pension shall be considered to be a pensioner.

2. For the purpose of applying Article 46 (2) of the Regulation, increments for contributions for supplementary insurance and the miner's supplementary 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.`;

(ii) the heading 'K. PORTUGAL` is changed to 'M. PORTUGAL` and the following is inserted:

'N. 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 employment pension, the periods of insurance or residence under the legislation of another Member State shall be taken into consideration for the 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 employment pension legislation no longer includes the period between the contingency and the pensionable age (future period), periods of insurance under the legislation of another Member State shall be taken into consideration for the requirement of the future period as if they were periods of insurance in Finland.

3. When, under the legislation of Finland, an increment is payable by an institution in Finland because of a delay in processing a claim for a benefit, a claim submitted to an institution of another Member State 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.

O. SWEDEN

1. When applying Article 18 (1) for the purpose of establishing a person's entitlement to a parental benefit period of insurance completed under the legislation of another Member State than Sweden shall be considered to be based on the same average earnings as the Swedish periods of insurance to which they are aggregated.

2. The provisions of the Regulation on the aggregation of insurance or residence periods shall not apply to the transitional rules of the 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. For the purpose 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 for Child Rearing.`;

(iii) the heading 'L. UNITED KINGDOM` is changed to 'P. UNITED KINGDOM`;

(o) Annex VII is replaced by the following:

'ANNEX VII

(Article 14c (1) (b) of the Regulation)

Instances in which a person shall be simultaneously subject to the legislation of two Member States

1. Where he is self-employed in Belgium and gainfully employed in any other Member State, except Luxembourg. For Luxembourg, the exchange of letters of 10 and 12 July 1968 between Belgium and Luxembourg shall apply.

2. Where a person resident in Denmark is self-employed in Denmark and gainfully employed in any other Member State.

3. For the agricultural accident insurance scheme and the old-age insurance scheme for farmers: where he is self-employed in farming in Germany and gainfully employed in any other Member State.

4. Where a person resident in Spain is self-employed in Spain and gainfully employed in any other Member State.

5. Where he is self-employed in France and gainfully employed in any other Member State, except Luxembourg.

6. Where he is self-employed in farming in France and gainfully employed in Luxembourg.

7. For the pension insurance scheme for self-employed persons: where he is self-employed in Greece and gainfully employed in any other Member State.

8. Where he is self-employed in Italy and gainfully employed in any other Member State.

9. Where a person resident in Norway is self-employed in Norway and gainfully employed in any other Member State.

10. Where a person is self-employed in Austria and gainfully employed in any other Member State.

11. Where he is self-employed in Portugal and gainfully employed in any other Member State.

12. Where a person resident in Finland is self-employed in Finland and gainfully employed in any other Member State.

13. Where a person resident in Sweden is self-employed in Sweden and gainfully employed in any other Member State.`.