DECISION No 104 of 29 May 1975 concerning the conditions for implementing Article 50 (1) (b) 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 Council Regulation (EEC) No 1408/71, under which it is made responsible for dealing with all administrative questions arising from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72;

Having regard to Article 81 (d) of Council Regulation (EEC) No 1408/71, under which it is required to foster and develop cooperation between Member States with a view to expediting the award of benefits due under the provisions of this Regulation;

Having regard to Article 50 (2) of Council Regulation (EEC) No 574/72, under which it shall fix the methods for implementing Article 50 (1) of the said Regulation;

Having regard to Article 2 (1) of Council Regulation (EEC) No 574/72, under which it shall draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations;

Whereas it is appropriate to specify the conditions for the implementation of Article 50 (1) (b) of Regulation (EEC) No 574/72 and to lay down model forms for the implementation of the said Article,

HAS DECIDED AS FOLLOWS:

1. The institutions mentioned in Articles 41 to 50 of Regulation (EEC) No 574/72 shall draw up the insurance histories of workers who have been subject to the legislation of two or more Member States in accordance with the rules set out below.

2. The institutions concerned shall draw up the insurance history of such a worker, at the latest from one year before the date on which he will reach pensionable age: (a) following a request from a worker made to one of these institutions, or

(b) on the initiative of any institution concerned.

3. For the purpose of implementing these provisions form E 503, a model of which is reproduced below, should be used. This form shall be issued by the institution drawing up the insurance history of the worker. That institution shall send it to the last known institutions with which the worker was insured in another Member State.

With the agreement of the institutions concerned form E 503 may be replaced by any other means of transmitting the same information.

4. The institutions which proceed, under paragraph 2 (b) above, to draw up the insurance histories of workers who are registered with them may communicate such information as they have collected about the insurance histories of these workers to the institutions concerned in other Member States without waiting for a claim to pension to be made.

5. If the legislation of a Member State lays down age conditions for survivors' pensions, the institutions concerned shall draw up the insurance history of a deceased worker in a similar manner, starting at the latest one year before the date on which one of his survivors would reach the age for receiving a survivor's pension.

6. This Decision shall be published in the Official Journal of the European Communities. It shall apply with effect from 1 January 1976.

The Chairman

of the Administrative Commission

F. HYNES