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ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS

DECISION NO 90

OF 24 MAY 1973

CONCERNING THE COMPILATION OF THE LISTS PROVIDED FOR IN ARTICLE 94 ( 4 ) AND ARTICLE 95 ( 4 ) OF COUNCIL REGULATION ( EEC ) NO 574/72 OF 21 MARCH 1972

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS .

HAVING REGARD TO ARTICLE 81 ( A ) OF REGULATION ( EEC ) NO 1408/71 UNDER WHICH IT IS GIVEN THE RESPONSIBILITY FOR DEALING WITH ALL ADMINISTRATIVE QUESTIONS ARISING FROM COUNCIL REGULATIONS ( EEC ) NO 1408/71 AND ( EEC ) NO 574/72 ;

HAVING REGARD TO ARTICLE 36 ( 2 ) OF THE ABOVEMENTIONED REGULATION ( EEC ) NO 1408/71 ;

HAVING REGARD TO ARTICLE 17 ( 1 ) TO ( 4 ) , ARTICLE 29 ( 1 ) TO ( 3 ) , ARTICLE 94 ( 4 ) AND ( 5 ) , ARTICLE 95 ( 4 ) AND ( 5 ) , AND ARTICLE 102 ( 2 ) OF REGULATION ( EEC ) NO 574/72 ;

WHEREAS DECISION NO 53 , PUBLISHED IN OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NO 107 OF 6 JULY 1964 , HAS BECOME INVALID FOLLOWING THE ENTRY INTO FORCE OF COUNCIL REGULATIONS ( EEC ) NO 1408/71 AND ( EEC ) NO 574/72 , BUT TAKING ACCOUNT OF THE PROVISIONS OF THE SAID REGULATIONS , THERE ARE GROUNDS FOR ADOPTING A NEW DECISION .

HAS DECIDED AS FOLLOWS :

ARTICLE 1

THE LISTS PROVIDED FOR IN ARTICLE 94 ( 4 ) AND ARTICLE 95 ( 4 ) OF REGULATION ( EEC ) NO 574/72 SHALL BE COMPILED ACCORDING TO THE FOLLOWING RULES :

I . LIST PROVIDED FOR IN ARTICLE 94 ( 4 ) ( FAMILIES OF WORKERS )

1 . THE FOLLOWING PROCEDURE IS HEREBY LAID DOWN FOR THE PURPOSE OF IMPLEMENTING ARTICLE 17 ( 1 ) TO ( 4 ) OF REGULATION ( EEC ) NO 574/72 :

AT THE WORKER'S REQUEST , THE COMPETENT INSTITUTION , AFTER HAVING COMPLETED PART A OF FORM E 109 , SHALL SEND OR FORWARD TWO COPIES OF THE FORM TO THE WORKER WHO SHALL TRANSMIT THEM TO THE MEMBERS OF HIS FAMILY . THE MEMBERS OF THE FAMILY SHOULD SUBMIT THE TWO COPIES TO THE SICKNESS INSURANCE INSTITUTION OF THEIR PLACE OF RESIDENCE WHEN THEY REGISTER TO RECEIVE BENEFITS IN KIND .

IF THE MEMBERS OF THE FAMILY DO NOT SUBMIT THE ABOVEMENTIONED CERTIFICATE , THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL MAKE APPLICATION TO THE COMPETENT INSTITUTION BY MEANS OF A FORM E 107 ; IN WHICH CASE THE LATTER INSTITUTION SHALL SEND TWO COPIES OF THE CERTIFICATE TO THE INSTITUTION OF THE PLACE OF RESIDENCE .

AFTER HAVING COMPLETED PART B THE INSTITUTION OF THE PLACE OF RESIDENCE OF THE MEMBERS OF THE FAMILY SHALL SEND ONE COPY TO THE INSURANCE INSTITUTION WITH WHICH THE WORKER IS INSURED .

2 . THE LUMP SUMS SHALL BE CALCULATED FROM THE DATE ON WHICH ENTITLEMENT TO BENEFITS IN KIND IS ACQUIRED UNDER THE LEGISLATION OF THE COMPETENT COUNTRY , UNLESS THE MEMBERS OF THE FAMILY ARE STILL ENTITLED TO RECEIVE BENEFITS IN KIND IN THE COUNTRY OF RESIDENCE UNDER THE REGULATIONS . IN THE LATTER CASE , THE LUMP SUMS SHALL BE CALCULATED FROM THE DATE ON WHICH SUCH ENTITLEMENT ENDS . THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL TAKE ACCOUNT OF THIS PROVISION WHEN IT INDICATES THE DATE FROM WHICH THE LUMP SUMS ARE CALCULATED AT 10.10 OF FORM E 109 .

3 . THE COMPETENT INSTITUTION SHALL INFORM THE INSTITUTION OF THE PLACE OF RESIDENCE OF ANY WITHDRAWAL OF ENTITLEMENT TO BENEFITS IN KIND BY SENDING TWO COPIES OF FORM E 108 . THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL RETURN ONE OF THESE COPIES TO THE COMPETENT INSTITUTION .

4 . THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL KEEP THE LIST UP TO DATE ON THE BASIS OF INFORMATION SUPPLIED BY THE COMPETENT INSTITUTIONS ON THE ACQUISITION ( FORM E 109 ) AND SUSPENSION OR WITHDRAWAL OF THE RIGHT TO BENEFITS ( FORM E 108 OR , IN THE CASE OF FRANCE , FORM E 109 ) , WHICH SHOULD BE SUBMITTED EVERY THREE MONTHS .

5 . WHEN THE MEMBERS OF THE WORKER'S FAMILY TRANSFER THEIR RESIDENCE TO THE TERRITORY OF ANOTHER MEMBER STATE , PARAGRAPH 1 ABOVE SHALL ONCE AGAIN BE APPLIED .

6 . FOR THE CALCULATION OF THE LUMP SUMS THE PERIOD DURING WHICH THE PERSONS CONCERNED MAY CLAIM BENEFIT SHOULD BE COUNTED IN MONTHS .

THE NUMBER OF MONTHS SHALL BE OBTAINED BY COUNTING AS A WHOLE MONTH THE CALENDER MONTH WHICH CONTAINS THE DAY FROM WHICH THE CALCULATION OF THE LUMP SUMS HAS BEEN MADE .

THE CALENDAR MONTH IN WHICH ENTITLEMENT TO BENEFIT ENDED SHALL NOT BE COUNTED UNLESS IT IS A FULL MONTH .

IF THE PERIOD IS LESS THAN ONE MONTH IT SHALL BE COUNTED AS A FULL MONTH .

7 . WHERE THE MEMBERS OF A WORKER'S FAMILY ARE LIVING IN SEVERAL COUNTRIES OF RESIDENCE OTHER THAN THE COUNTRY IN WHICH THE WORKER IS EMPLOYED AND IF THE RIGHT TO BENEFIT HAS BEEN ACQUIRED IN EACH COUNTRY OF RESIDENCE , A LUMP SUM SHOULD BE CALCULATED FOR EACH COUNTRY .

8 . THE LUMP SUMS SHALL BE CALCULATED ON THE BASIS OF THE FIGURES OBTAINED FROM THE DOCUMENTS REFERRED TO IN PARAGRAPH 4 ABOVE .

II . LIST PROVIDED FOR IN ARTICLE 95 ( 4 ) ( PENSIONERS AND THEIR FAMILIES )

1 . THE LIST SHALL BE COMPILED BY USING FORM E 121 PROVIDED FOR IN THE IMPLEMENTATION OF ARTICLE 29 ( 1 ) TO ( 3 ) OF REGULATION ( EEC ) NO 574/72 AND FORM E 108 RELATING TO THE SUSPENSION OR WITHDRAWAL OF ENTITLEMENT TO BENEFITS .

2 . THE DATE FROM WHICH THE LUMP SUMS ARE CALCULATED SHALL BE :

( A ) THE DATE ON WHICH THE INSTITUTION OF THE PLACE OF RESIDENCE RECEIVES FORM E 121 . THIS DATE SHOULD BE ENTERED AT 9.12 OF FORM E 121 AND IS THE DATE ON WHICH FORM E 120 CEASES TO HAVE EFFECT .

( B ) THE DATE ON WHICH THE PERSON CONCERNED ACQUIRES THE RIGHT TO BENEFITS IN KIND UNDER THE LEGISLATION OF THE COMPETENT COUNTRY , IF FORM E 120 HAS NOT BEEN ISSUED ; THIS DATE SHOULD BE ENTERED AT POINT 5.3 OF FORM E 121 ;

( C ) THE DATE OF TRANSFER OF RESIDENCE IF IT FALLS AFTER THE DATE MENTIONED AT POINTS ( A ) AND ( B ) ABOVE .

IF THE PENSIONERS OR THE MEMBERS OF THEIR FAMILIES ARE STILL ENTITLED TO BENEFITS UNDER THE LEGISLATION OF THEIR COUNTRY OF RESIDENCE , THE LUMP SUM SHALL BE CALCULATED FROM THE DATE ON WHICH SUCH ENTITLEMENT ENDS .

3 . THE PROVISIONS RELATING TO THE LISTS PROVIDED FOR IN ARTICLE 94 ( 4 ) OF REGULATION ( EEC ) NO 574/72 , WHICH ARE THE SUBJECT OF POINTS 3 TO 8 OF PART I ABOVE , SHALL APPLY BY ANALOGY .

ARTICLE 2

FOR THE IMPLEMENTATION OF ARTICLE 102 ( 2 ) OF REGULATION ( EEC ) NO 574/72 , THE INSTITUTIONS OF THE PLACE OF RESIDENCE SHALL SEND ANNUALLY TO THE INSTITUTIONS AND BODIES OF THEIR COUNTRY , DESIGNATED IN ANNEX 10 TO REGULATION ( EEC ) NO 574/72 , THE INDIVIDUAL RECORDS OF MONTHLY LUMP SUMS ( FORM E 127 ( 1 ) ) COMPILED ON THE BASIS OF THE LISTS PROVIDED FOR IN ARTICLE 94 AND ARTICLE 95 OF REGULATION ( EEC ) NO 574/72 .

THE DESIGNATED INSTITUTIONS AND BODIES OF THE COUNTRY OF RESIDENCE SHALL FORWARD THE SAID RECORDS TO THE DESIGNATED INSTITUTIONS AND BODIES OF THE COMPETENT COUNTRY .

FORM E 127 GIVES THE NUMBER OF MONTHLY LUMP SUMS DUE OVER ONE YEAR FOR EACH WORKER'S FAMILY OR PENSIONER .

ARTICLE 3

THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL BE APPLICABLE FROM 1 JANUARY 1973 IN THE SIX ORIGINAL MEMBER STATES AND , IN ACCORDANCE WITH THE TREATY OF ACCESSION , FROM 1 APRIL 1973 IN THE THREE NEW MEMBER STATES .

THE PRESIDENT OF THE ADMINISTRATIVE COMMISSION

J . DONIS

( 1 ) OJ NO L 363 , 30 . 12 . 1973 .