20. 7. 74 Official  Journal  of the  European  Communities No C 86/5 
ADMINISTRATIVE  COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 
ON SOCIAL  SECURITY  FOR  MIGRANT  WORKERS 
DECISION  No  87 
of 20 March  1973 
concerning  the  application  of Article  14 (1) (a) of Regulation  (EEC)  No 1408/71 
on the  legislation  applicable  to workers  posted  elsewhere 
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 questions  of interpretation  arising  from  the  provi-
sions  of Regulations  (EEC)  No  1408/71  and  (EEC)  No  574/72; 
Whereas  Decision  No  12,  published  in the  Official  Journal  of  the European  Communi-
ties No  64 of 17 December  1959  has  become  invalid  following  the  entry  into  force  of 
Council  Regulations  (EEC)  No  1408/71  and  (EEC)  No  574/72,  but  taking  into  account 
the provisions  of the  said  Regulations,  there  are  grounds  for  adopting  a new  Decision  ; 
Whereas  the  purpose  of the  provisions  of Article  14  (1) (a) of Regulation  (EEC)  No 
1408/71  is to avoid,  both  in the  case  of workers  as well  as in the  case  of employers  and 
social  security  institutions,  the  administrative  complications  which  would  result  from  the 
application  of the  general  rule  laid  down  in Article  13 (2) (a) of Regulation  (EEC)  No 
1408/71  where  the  periods  of employment  are  of short  duration  in a Member  State  other 
than  the  State  in which  the  undertaking  has  its registered  office  or a place  of business  ; 
Whereas,  in the  same  desire  for simplification,  it would  be appropriate  to extend  the  field 
of application  of Article  14 (1) (a) of Regulation  (EEC)  No  1408/71  to cover  the  case  of a 
worker  engaged  in the  Member  State  in which  the  undertaking  has  its registered  office  or 
a place  of business  with  a view  to an immediate  posting  to the  territory  of another 
Member  State  ; 
Whereas  one  of the  decisive  criteria  for the  application  of Article  14 (1) (a) of Regulation 
(EEC)  No  1408/71  is the  existence  of a direct  relationship  between  the  undertaking  and 
the worker  it engages,  and  in particular  the  maintenance  of the  worker's  relationship  to 
the undertaking  as an employee  ; 
Acting  in accordance  with  the  provisions  of Article  80  (3)  of Regulation  (EEC)  No 
1408/71, 
HAS  DECIDED  AS  FOLLOWS  : 
1. The  provisions  of Article  14 (1) (a) of Regulation  (EEC)  No  1408/71  shall  also  apply 
to a worker  who  is engaged  in a Member  State  in which  the  undertaking  has  its registered 
office  or a place  of business  with  a view  to an immediate  posting  to the  territory  of 
another  Member  State  in so far as there  is a direct  relationship  between  the  undertaking 
and the  worker  during  the  period  of posting. 
No C 86/6 Official  Journal  of the  European  Communities 20. 7. 74 
2. This  Decision  shall  be published  in the  Official  Journal  of  the European  Communi-
ties. It shall  be applicable  in the  six  original  Member  States  from  1 October  1972  and,  in 
accordance  with  the  Treaty  of Accession,  from  1 April  1973  in the  three  new  Member 
States. 
The Chairman 
of the  Administrative  Commission 
J. DONIS 
20. 7. 74 Official  Journal  of the  European  Communities No C 86/7 
DECISION  No  89 
of 20 March  1973 
concerning  the  interpretation  of Article  16 (1) and  (2)  of Council  Regulation 
(EEC)  No  1408/71  relating  to persons  employed  by  diplomatic  missions  and 
consular  posts 
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 questions  of interpretation  arising  from  this  Regula-
tion and  from  Regulation  (EEC)  No  574/72  ; 
Whereas  the  words  'persons  employed  by'  used  in Article  16 (1) and  (2) of Regulation 
(EEC)  No 1408/71  could  give  rise  to various  interpretations,  thus  making  it necessary  to 
give them  a uniform  scope  ; 
Whereas  Article  14 (1) of Regulation  No  3 covered  employed  persons  or persons  treated 
as such,  regardless  of nationality,  employed  in diplomatic  or consular  posts  or in the 
personal  service  of officials  in such  posts  ; 
Whereas  a restrictive  interpretation  of Article  16 of Regulation  (EEC)  No 1408/71  would 
result  in the abolition  of the right  of option  previously  enjoyed  by employed  persons  and 
persons  treated  as such  employed  in diplomatic  missions  and  consular  posts  who  are 
nationals  of the  accrediting  Member  State  or of the  sending  Member  State  ; 
Acting  in accordance  with  the  provisions  of Article  80 (3) of Regulation  (EEC)  No 
1408/71, 
HAS  DECIDED  AS  FOLLOWS  : 
1. The  provisions  of Article  16 (1) and  (2) of Regulation  (EEC)  No 1408/71  shall  apply 
to all workers,  other  than  civil  servants  and  persons  treated  as such  mentioned  in Article  2 
(3) of the said  Regulation,  who  are employed  in diplomatic  missions  and  consular  posts  or 
are in the  service  of officials  in such  missions  and  posts. 
2. This  Decision  shall  be published  in the Official  Journal  of  the European  Communi-
ties. It shall  be applicable  in the  six original  Member  States  from  1 October  1972  and,  in 
accordance  with  the  Treaty  of Accession,  from  1 April  1973  in the  three  new  Member 
States. 
The Chairman 
of the Administrative  Commission 
J. DONIS 
No C 86/8 Official  Journal  of the  European  Communities 20. 7. 74 
DECISION  No  91 
of 12 July  1973 
concerning  the  interpretation  of Article  46 (3) of Council  Regulation  (EEC)  No 
1408/71  relating  to the  award  of benefits  due  under  paragraph  1 of the  said 
Article 
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 the 
duty  of the Administrative  Commission  to deal  with  all questions  of interpretation  arising 
from  Regulations  (EEC)  No 1408/71  and  (EEC)  No 574/72; 
Having  been  asked  whether  the adjustment  provided  for in Article  46 (3),  second  subpara-
graph,  of Regulation  (EEC)  No 1408/71  applies  only  to amounts  of benefits  calculated  in 
accordance  with  Article  46 (1),  first  subparagraph,  which  exceed  the amount  of the bene-
fits that  would  have  been  obtained  by applying,  in accordance  with  the  second  subpara-
graph  of Article  46 (1),  the rules  provided  for in paragraphs  2 (a) and (b) of this  Article,  or 
whether  it applies  also  to the latter  amounts  when  these  are equal  to or higher  than  the 
former  amounts  ; 
Whereas  the application  of the rules  laid  down  by Article  46 (2) (a) and  (b) of Regulation 
(EEC)  No  1408/71  gives  the  same  result  as that  which  would  have  been  obtained  by 
applying  Article  28 (1) (b) of Regulation  No  3 ; whereas  the  latter  Regulation  did  not 
provide  for the possibility  of reducing  the  amount  thus  obtained  ; 
Whereas  the aim  of replacing  Regulation  No  3 by Regulation  (EEC)  No 1408/71  was  in 
particular  to improve  the position  of workers  which  arose  from  the application  of Regula-
tion No  3 ; 
Whereas  the application  of Article  46 (3) to benefits  under  Article  46 (1) the amount  of 
which  is determined  pro  rata  temporis  would  have  the  opposite  effect; 
Acting  in accordance  with  the  provisions  of Article  80 (3) of Regulation  (EEC)  No 
1408/71, 
HAS  DECIDED  AS  FOLLOWS  : 
1. Article  46 (3),  second  subparagraph  of Regulation  (EEC)  No  1408/71  shall  only 
apply  to benefits  the amount  of which,  calculated  in accordance  with  the  provisions  of 
paragraph  1, first  subparagraph,  of this  Article,  exceeds  the  amount  that  would  be 
obtained  by applying  the rules  of paragraphs  2 (a) and (b) of the said  Article  to the calcula-
tion of these  benefits. 
2. This  Decision  shall  be published  in the Official  Journal  of  the European  Communi-
ties and  shall  take  effect  on the  date  of entry  into  force  of the abovementioned  Regula-
tion.  It shall  be applicable  in the six original  Member  States  from  1 October  1972  and,  in 
accordance  with  the  Treaty  of Accession,  from  1 April  1973  in the  three  new  Member 
States. 
The Chairman 
of the Administrative  Commission 
A. TRIER