EN Official Journal of the European Union L 114/1

REGULATION (EC) No 629/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 April 2006

amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) With the entry into force of Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004 amending Council Regulation (EEC) No 1408/71 and Council Regulation (EEC) No 574/72, in respect of the alignment of rights and the simplification of procedures (3), procedures for obtaining access to sickness benefits in kind during a temporary stay in another Member State were simplified. It is appropriate to extend the simplified procedures to the provisions on benefits in respect of accidents at work and occupational diseases contained in Regulations (EEC) No 1408/71 (4) and (EEC) No 574/72 (5).

(2) In order to take account of changes in the legislation of certain Member States, in particular in the new Member States since the end of accession negotiations, the Annexes to Regulation (EEC) No 1408/71 need to be adapted.

(3) Regulations (EEC) No 1408/71 and (EEC) No 574/72 should therefore be amended accordingly.

(4) In order to ensure legal certainty and to protect the legitimate expectations of persons affected, it is necessary to provide that certain provisions modifying Annex III to Regulation (EEC) No 1408/71 take effect retroactively from 1 May 2004.

(5) The Treaty does not provide powers other than those under Article 308 to take appropriate measures within the field of social security for persons other than employed persons,

HAVE ADOPTED THIS REGULATION:

Article 1

Annexes I, II, IIa, III, IV and VI to Regulation (EEC) No 1408/71 shall be amended in accordance with the Annex to this Regulation.

Article 2

Regulation (EEC) No 574/72 is hereby amended as follows:

1. in Article 60, paragraphs 5 and 6 shall be deleted;

2. Article 62 shall be replaced by the following: ‘Article 62 Benefits in kind in the case of a stay in a Member State other than the competent State 1. In order to receive benefits in kind under Article 55(1)(a)(i) of the Regulation, an employed or self-employed person shall submit to the care provider a document issued by the competent institution certifying that he is entitled to benefits in kind. That document shall be drawn up in accordance with Article 2. If the person concerned is not able to submit that document, he shall contact the institution of the place of stay which shall request from the competent institution a certified statement testifying that the person concerned is entitled to benefits in kind. A document issued by the competent institution for entitlement to benefits in accordance with Article 55(1)(a)(i) of the Regulation, in each individual case concerned, shall have the same effect with regard to the care provider as national evidence of the entitlements of the persons insured with the institution of the place of stay. 2. Article 60(9) of the implementing Regulation shall apply mutatis mutandis.’;

3. Article 63(2) shall be replaced by the following: ‘2. Article 60(9) of the implementing Regulation shall apply mutatis mutandis.’;

4. in Article 66(1), ‘in Articles 20 and 21’ shall be replaced by ‘in Article 21’;

5. in Article 93(1), ‘22b’ shall be deleted and ‘34a or 34b’ shall be replaced by ‘or 34a’.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

Point 5(a)(ii) to (ix) and point 5(b)(ii) and (iv) of the Annex shall apply from 1 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 5 April 2006. For the European Parliament The President J. BORRELL FONTELLES For the Council The President H. WINKLER

(1) OJ C 24, 31.1.2006, p. 25.

(2) Opinion of the European Parliament of 15 November 2005 (not yet published in the Official Journal) and Council Decision of 10 March 2006.

(3) OJ L 100, 6.4.2004, p. 1.

(4) OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 1).

(5) OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Commission Regulation (EC) No 207/2006 (OJ L 36, 8.2.2006, p. 3).