REGULATION (EEC) No 574/72 OF THE COUNCIL of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 2, 7 and 51 thereof;

Having regard to Council Regulation (EEC) No 1408/71(1) of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, and in particular Article 97 thereof;

Having regard to the proposal from the Commission adopted after consultation with the Administrative Commission for the Social Security of Migrant Workers;

Having regard to the Opinion of the European Parliament;

Having regard to the Opinion of the Economic and Social Committee;

Whereas Regulation No 3(2) on social security for migrant workers having replaced by Regulation (EEC) No 1408/71 whereof Article 99 also repealed Regulation No 4(3) which fixed the implementing procedures and supplemented the provisions of Regulation No 3 on social security for migrant workers, it is necessary to provide implementing procedures adapted to the new basic rules and to the experience gained in applying these texts over a period of twelve years;

Whereas it is necessary in particular to specify the competent institutions of each Member State, the documents to be furnished and the formalities to be completed by persons concerned in order to obtain benefits, the procedures for administrative cheeks and medical examinations and the conditions for the reimbursement of benefits provided by the institution of one Member State on behalf of the institution of another Member State, and the dutics of the Audit Board;

HAS ADOPTED THIS REGULATION:

TITLE I GENERAL PROVISIONS

Article 1

Definitions For the purposes of this Regulation:

(a) 'Regulation' means Regulation (EEC) No 1408/71;

(b) 'Implementing Regulation' means this Regulation;

(c) the definitions in Article 1 of the Regulation have the meaning assigned to them in the said Article.

Article 2

Printed model forms - Information on legislations - Guides 1. Models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulation and of the Implementing Regulation shall be drawn up by the Administrative Commission. Two Member States or their competent authorities may, by mutual agreement and having received the Opinion of the Administrative Commission, adopt simplified forms for use between them.

2. For the benefit of the competent authorities of each Member State, the Administrative Commission may assemble information on the provisions of national legislations which come within the scope of the Regulation.

3. The Administrative Commission shall prepare guides for the purpose of advising persons concerned of their rights and of the administrative formalities to be completed for the exercise of those rights.

The Advisory Committee shall be consulted before such guides are drawn up.

Article 3

Liaison bodies - Communications between institutions and between beneficiaries and institutions 1. The competent authorities may designate liaison bodies which may communicate directly with each other.

2. Any institution of a Member State, and any person residing or staying in the territory of a Member State, may make application to the institution of another Member State, either directly or through the liaison bodies.

Article 4

Annexes 1. The competent authority or authorities of each Member State are given in Annex 1.

2. The competent institutions of each Member State are listed in Annex 2.

3. The institutions of the place of residence and the place of stay of each Member State are listed in Annex 3.

4. The liaison bodies appointed pursuant to Article 3 (1) of the Implementing Regulation are listed in Annex 4.

5. The provisions referred to in Articles 5, 53 (3), 104, 105 (2), 116 and 120 of the Implementing Regulation are set out in Annex 5.

6. The procedure for the payment of benefits chosen by the institutions responsible for payment in each Member State, in accordance with Article 53 (1) of the Implementing Regulation, is set out in Annex 6.

7. The names and seats of the banks referred to in Article 55 (1) of the Implementing Regulation are listed in Annex 7.

8. The Member States for whom the provisions of Article 10 (2) (d) of the Implementing Regulation apply in their dealings with each other are specified in Annex 8.

9. The schemes to be taken into consideration when calculating the average annual cost of benefits in kind, in accordance with Article 94 (3) (a) and Article 95 (3) (a) of the Implementing Regulation, are listed in Annex 9.

10. The institutions or bodies appointed by the competent authorities pursuant, in particular, to the following Articles of the Implementing Regulation: Article 6 (1), Article 11 (1), Article 13 (2) and (3), Article 14 (1), (2) and (3), Article 38 (1),

Article 70

(1), Article 80 (2), Article 81, Article 82 (2), Article 85 (2), Article 89 (1), Article 91 (2), Article 102 (2), Article 110, Article 113 (2), are listed in Annex 10.

TITLE II IMPLEMENTATION OF THE GENERAL PROVISIONS OF THE REGULATION Implementation of Articles 6 and 7 of the Regulation

Article 5

Replacement of the arrangements the implementing of convention by the Implementing Regulation The provisions of the Implementing Regulation shall replace those of the arrangements for implementing the conventions referred to in Article 6 of the Regulation; they shall also replace the provisions relating to the implementation of the provisions of the conventions referred to in Article 7 (2) (c) of the Regulation providing that they are not set out in Annex 5 of the Regulation.

Implementation of Article 9 of the Regulation

Article 6

Admission to voluntary or optional continued insurance 1. If, by virtue of Articles 9 and 15 (3) of the Regulation, a person satisfies the conditions for joining a voluntary or optional continued insurance scheme in respect of invalidity, old age and death (pensions) under the legislation of one Member State, and if he has not been subject to compulsory insurance under one of those schemes by virtue of his last employment he may, under the said Articles, join the voluntary or optional continued insurance scheme specified by the legislation of that Member State or, failing that, the scheme of his choice.

2. In order to invoke the provisions of Article 9 (2) of the Regulation, a person shall submit to the institution of the Member State in question a certified statement relating to the insurance periods completed under the legislation of any other Member State. Such certified statement shall be issued, at the request of the person concerned, by the institution or institutions who administer the legislations under which he has completed those insurance periods.

Implementation of Article 12 of the Regulation

Article 7

General rules for the implementation of provisions dealing with the prevention of overlapping of benefits - Application of those provisions to benefits in respect of invalidity, old age and death (pensions) 1. Where a person entitled to a benefit due under the legislation of one Member State is also entitled to benefits under the legislation of one or more of the other Member States, the following rules shall apply:

(a) if the application of Article 12 (2) or (3) of the Regulation entails the reduction or the concurrent suspension of those benefits, none of them may be reduced or suspended by an amount greater than the amount obtained by dividing the sum which is subject to reduction or suspension under the legislation under which the benefit is due by the number of benefits subject to reduction or suspension to which the person concerned is entitled;

(b) as regards benefits in respect of invalidity, old age or death (pensions) awarded under Article 46 (2) of the Regulation by the institution of a Member State, that institution shall take into account any benefits of a different kind and any income or remuneration likely to entail the reduction or suspension of the benefit due from that institution, not for the calculation of the theoretical amount referred to in Article 46 (2) (a) of the Regulation but exclusively for the reduction or suspension of the amount referred to in Article 46 (2) (b) of the Regulation. However, only a fraction of the total amount of such benefit, income or remuneration shall be taken into account, and that fraction shall be determined in proportion to the duration of the insurance periods completed, in accordance with Article 46 (2) (b) of the Regulation.

(c) As regards benefits in respect of invalidity, old age or death (pensions) awarded under the first subparagraph of Article 46 (1) of the Regulation by the institution of a Member State, that institution shall, where the provisions of Article 46 (3) of the Regulation apply, take into account any benefits of a different kind and any income or remuneration likely to entail the reduction or suspension of the benefit due from that institution, not for the calculation of the amount referred to in

Article 46

(1) of the Regulation, but exclusively for the reduction or suspension of the amount resulting from the application of Article 46 (3) of the Regulation. However, only a fraction of the amount of those benefits, income or remuneration shall be taken into account; such fraction shall be obtained by applying to that amount a coefficient equal to the ratio between the amount of benefit resulting from the application of Article 46 (3) of the Regulation and the amount resulting from the application of the first subparagraph of Article 46 (1) of the Regulation.

2. For the purposes of Article 12 (2), (3) and (4) of the Regulation, the competent institutions concerned shall, on request, exchange all requisite information.

Article 8

Rules applicable in the case of overlapping of rights to maternity benefits under the legislation of several Member States If a worker or a member of his family is entitled to claim maternity benefits under the legislations of two or more Member States, those benefits shall be granted exclusively under the legislation of the Member State in whose territory the confinement took place or, if the confinement did not take place in the territory of one of these Member States, exclusively under the legislation of the Member State to which the worker was last subject.

Article 9

Rules applicable in the case of overlapping of rights to death grants under the legislations of several Member States 1. Where the death occurs in the territory of a Member State, the right to a death grant acquired under the legislation of that Member State only shall be maintained, whilst the right acquired under the legislation of any other Member State shall lapse.

2. Where the death occurs in the territory of one Member State when the right to a death grant has been acquired under the legislation of two or more other Member States, or where the death occurs outside the territory of the Member States and the said right has been acquired under the legislation of two or more Member States, only the right acquired under the legislation of the Member State under which the worker completed his last period of insurance shall be maintained, whilst the right acquired under the legislation of any other Member State shall lapse.

Article 10

Rules applicable in the case of overlapping of rights to family benefits or family allowances or when, during the same period or part of a period, the worker is successively subject to the legislation of several Member States 1. If during the same period family benefits or family allowances are due to two persons in respect of the same member of the family, under Article 73 (1) or (2) or Article 74 (1) or (2) of the Regulation and under the legislation of the country of residence of that member of the family, the provisions to be applied in respect of the overlapping of rights to familiy allowances or family benefits shall be those provided for by the legislation of the country of residence of the member of the family. To this end, the right to family benefits or family allowances under Article 73 (1) or (2) or Article 74 (1) or (2) of the Regulation shall be taken into account as if it were a right acquired under the legislation of the country of residence of the member of the family in question.

2. If a worker has been subject successively to the legislation of two Member States during the period separating two dates for the payment of family benefits or family allowances as provided for by the legislation of one or both of the Member States concerned, the following rules shall apply:

(a) the family benefits or family allowances which such worker may claim under the legislation of each one of these States shall correspond to the number of daily benefits or allowances due under the relevant legislation. Where these legislations do not provide for daily benefits or allowances, the family benefits or family allowances shall be granted in proportion to the length of time during which such worker has been subject to the legislation of each one of the Member States in relation to the period fixed by the legislation concerned;

(b) where the family benefits or family allowances have been provided by an institution during a period when they should have been provided by another institution, there shall be an adjustment of accounts between the said institutions;

(c) for the purposes of subparagraphs (a) and (b) where periods of employment completed under the legislation of one Member State are expressed in units different from those which are used in the calculation of family benefits or family allowances under the legislation of another Member State to which the worker has also been subject during the same period, the conversion shall be carried out in accordance with Article 15 (3) of the Implementing Regulation;

(d) notwithstanding the provisions of subparagraph (a), in respect of dealings between the Member States specified in Annex 8 to the Implementing Regulation, the institution bearing the costs of the family benefits or family allowances by reason of the first employment during the period concerned, shall bear their cost throughout the whole of the current period.

3. If the members of the family of a worker subject to French legislation, or of an unemployed person in receipt of unemployment benefits under French legislation, transfer their residence from the territory of one Member State to the territory of another Member State during the same calendar month, the institution responsible for providing the family allowances at the beginning of that month shall continue to provide them throughout the whole of the current month.

TITLE III IMPLEMENTATION OF THE PROVISIONS OF THE REGULATION FOR DETERMINING THE LEGISLATION APPLICABLE Implementation of Articles 13 to 16 of the Regulation

Article 11

Formalities in the case of posting elsewhere 1. In cases referred to in Article 14 (1) (a) and (2) (a) of the Regulation, the institution designated by the competent authority of the Member State whose legislation remains applicable shall issue to the worker, at his own or his employer's request, and if the required conditions are fulfilled, a certificate of posting testifying that he shall remain subject to that legislation up to a specified date.

2. The consent provided for in Article 14 (1) (a) (ii) of the Regulation shall be requested by the employer.

Article 12

Special provisions concerning insurance under the German social security scheme 1. Where, under the terms of Article 14 (1) (b) and (c) or 2 (a) of the Regulation, German legislation applies to a worker employed by an undertaking or employer whose registered office or place of business is not situated in German territory, this legislation shall apply as if the worker were employed in his place of residence in German territory.

2. When contributions are paid for a fixed period, pursuant to the legislation of a Member State other than Germany, under a compulsory scheme for invalidity, old age, or death (pensions), supplementary contributions for additional insurance under German legislation (Hoeherversicherung) may also be paid for the same period.

Article 13

Exercise of the right of option by persons employed by diplomatic missions and consular posts 1. The right of option provided for in Article 16 (2) of the Regulation must be exercised in the first instance within the three months following the date on which the worker was engaged by the diplomatic mission or consular post concerned, or on which he entered into employment with agents of such mission or post. The option shall take effect on the date of entry into employment.

When a worker renews his right of option at the end of the calendar year, the option shall take effect on the first day of the following calendar year.

2. A worker who exercises his right of option shall inform the institution designated by the competent authority of the Member State for whose legislation he has opted, at the same time notifying his employer thereof. The said institution shall, where necessary, forward such information to all other institutions of the same Member State, in accordance with to him directives issued by the competent authority of that Member State.

3. The institution designated by the competent authority of the Member State for whose legislation a worker has opted, shall issue him with a certificate testifying that he is subject to the legislation of that Member State while he is employed by the diplomatic mission or consular post in question, by agents of such mission or post.

4. Where a worker has opted for German legislation to be applied the provisions of such legislation shall be applied as though that worker were employed in the place where the German Government has its seat. The competent authority shall nominate the competent sickness insurance institution.

Article 14

Exercise of the right of option by auxiliary staff of the European Communities 1. The right of option provided for in Article 16 (3) of the Regulation must be exercised at the time when the contract of employment is concluded. The authority empowered to conclude such contract shall inform the institution designated by the competent authority of the Member State for whose legislation the auxiliary staff member has opted. The said institution shall, where necessary, transmit such information to all other institutions of the same Member State.

2. The institution designated by the competent authority of the Member State for whose legislation the auxiliary staff member has opted, shall issue to him a certificate testifying that he is subject to the legislation of that Member State while he is employed by the European Communities as an auxiliary staff member.

3. The competent authorities of the Member States shall, where necessary, designate the institutions competent in respect of members of the auxiliary staff of the European Communities.

4. Where an auxiliary staff member, employed in the territory of a Member State other than Germany, has opted to have German legislation applied to him, the provisions of that legislation shall be applied as though that auxiliary staff member were employed in the place where the German Government has its seat. The competent authority shall designate the competent sickness insurance institution.

TITLE IV IMPLEMENTATION OF THE PROVISIONS OF THE REGULATION DEALING WITH THE DIFFERENT CATEGORIES OF BENEFITS CHAPTER 1 GENERAL RULES FOR THE AGGREGATION OF INSURANCE PERIODS

Article 15

1. In the cases referred to in Articles 18 (1), 38, 45 (1) and (2), 64, and 67 (1) and (2) of the Regulation, aggregation of insurance periods shall be effected in accordance with the following rules:

(a) to insurance periods completed under the legislation of one Member State shall be added insurance periods completed under the legislation of any other Member State, to the extent that it is necessary to have recourse thereto in order to supplement insurance periods completed under the legislation of the first Member State for the purpose of acquiring, retaining, or recovering the rights to benefits, provided that such insurance periods do not overlap. Where benefits in respect of invalidity, old age or death (pensions) are to be awarded by the institutions of two or more Member States in accordance with Article 46 (2) of the Regulation, each of the institutions concerned shall effect a separate aggregation, by taking into account the whole of the insurance periods completed by the worker under the legislations of all the Member States to which he has been subject, without prejudice, where appropriate, to the provisions of Article 45 (2) and Article 46 (2) (c) of the Regulation;

(b) when a period of compulsory insurance completed under the legislation of one Member State coincides with a period of voluntary or optional continued insurance under the legislation of another Member State, only the former shall be taken into account;

(c) when an insurance period other than a period treated as such, completed under the legislation of one Member State coincides with a period treated as an insurance period under the legislation of another Member State, only the former shall be taken into account;

(d) any period treated as an insurance period under the legislations of two or more Member States, shall be taken into account only by the institution of the Member State under whose legislation the insured person was last compulsorily insured prior to the said period; where the insured person has not been compulsorily insured under the legislation of a Member State before the said period, the latter shall be taken into account by the institution of the Member State under whose legislation he was compulsorily insured for the first time after the said period;

(e) where it is not possible to accurately determine the period of time in which certain insurance periods were completed under the legislation of one Member State, such insurance periods shall be presumed not to overlap with insurance periods completed under the legislation of another Member State and shall, where advantageous, be taken into account.

(f) where, under the legislation of one Member State, certain insurance periods are taken into account only if they have been completed within a specified period of time, the institution which administers such legislation shall:

(i) take into account insurance periods completed under the legislation of another Member State only if they were completed within the said period of time; or

(ii) extend such period of time for the duration of insurance periods completed wholly or partly within the said time limit under the legislation of another Member State, where the insurance periods involved under legislation of the second Member State give rise only to the suspension of the period of time within which the insurance periods must be completed.

2. Insurance periods completed under legislation of a Member State to which the Regulation does not apply, but which are taken into account under legislation of that Member State to which the Regulation does apply, shall be considered as insurance periods to be taken into account for the purposes of aggregation.

3. When insurance periods completed under the legislation of one Member State are expressed in units different from those used by the legislation of another Member State, the conversion necessary for the purposes of aggregation shall be carried out according to the following rules:

(a) where the worker has been subject to a six day week:

(i) one day shall be equivalent to eight hours and vice versa;

(ii) six days shall be equivalent to one week and vice versa;

(iii) twenty-six days shall be equivalent to one month and vice versa;

(iv) three months or thirteen weeks or seventy-eight days shall be equivalent to one quarter and vice versa;

(v) for the conversion of weeks into months and vice versa the weeks and months shall be converted into days;

(vi) the application of the preceding rules shall not have the effect of producing, for the sum total of the insurance periods completed during one calendar year, a total exceeding three hundred and twelve days or fifty-two weeks or twelve months or four quarters;

(b) Where the worker has been subject to a five day week:

(i) one day shall be equivalent to nine hours and vice versa;

(ii) five days shall be equivalent to one week and vice versa;

(iii) twenty-two days shall be equivalent to one month and vice versa;

(iv) three months or thirteen weeks or sixty-six days shall be equivalent to one quarter and vice versa;

(v) for the conversion of weeks into months and vice versa, the weeks and the months shall be converted into days;

(vi) the application of the preceding rules shall not have the effect of producing, for the sum total of the insurance periods completed during one calendar year, a total exceeding two-hundred and sixty-four days or fifty-two weeks or twelve months or four quarters.

CHAPTER 2 SICKNESS AND MATERNITY Implementation of Article 18 of the Regulation

Article 16

Certification of insurance periods 1. In order to invoke the provisions of Article 18 of the Regulation, a worker shall submit to the competent institution a certified statement specifying the insurance periods completed under the legislation to which he was last subject.

2. This certified statement shall be issued at the request of the worker by the institution or institutions of the Member State to whose legislation he was last subject. If he does not submit the said certified statement, the competent institution shall obtain it directly from the institution or institutions concerned.

3. The provisions of paragraphs (1) and (2) shall apply by analogy, if it is necessary to take into account insurance periods previously completed under the legislation of any other Member State in order to satisfy the conditions of the legislation of the competent State.

Implementation of Article 19 of the Regulation

Article 17

Benefits in kind in the case of residence in a Member State other than the competent State 1. In order to receive benefits in kind under Article 19 of the Regulation, a worker must register himself and the members of his family with the institution of his place of residence by submitting a certified statement testifying that he and the members of his family are entitled to the said benefits. Such certified statement shall be issued by the competent institution, if need be in the light of information furnished by the employer. If the worker or the members of his family do not submit the said certified statement the institution of the place of residence shall obtain it directly from the competent institution.

2. This certified statement shall remain valid until the institution of the place of residence is notified of its cancellation. However, when the said certified statement is issued by a French institution, it shall be valid for a period of three months only following the date of issue, and it must be renewed every three months.

3. If the worker is a seasonal worker, the certified statement referred to in paragraph 1 shall be valid for the whole anticipated period of the seasonal work unless, in the meanwhile, the competent institution notifies the institution of the place of residence of its cancellation.

4. The institution of the place of residence shall inform the competent institution of every registration effected in accordance with paragraph 1.

5. When applying for any benefits in kind, the person concerned shall submit the documentary evidence required for the granting of benefits in kind under the legislation of the Member State in whose territory he is residing.

6. In the case of hospitalization, the institution of the place of residence shall notify the competent institution, within three days following the date on which it became aware of the hospitalization, of the date of entry into hospital, the probable duration of hospitalization and the date of leaving hospital. Notification shall be unnecessary, however, when the costs of the benefits in kind are repaid in a lump sum to the institution of the place of residence.

7. The institution of the place of residence shall inform the competent institution in advance of every decision relating to the granting of benefits in kind included in the list referred to in Article 24 (2) of the Regulation. The competent institution shall have fifteen days from the day on which such information is sent within which to raise any objection and to state the reasons on which such objection is based; if, on the expiry of that period, no such objection has been raised, the institution of the place of residence shall grant the benefits in kind. Where such benefits have to be granted in a case of extreme urgency, the institution of the place of residence shall forthwith inform the competent institution thereof. However, notification of its objection, stating the reasons on which such objection is based, shall be unnecessary when the costs of the benefits in kind are to be repaid in a lump sum to the institution of the place of residence.

8. The worker or the members of his family shall inform the institution of the place of residence of any change in their situation which is likely to alter their entitlement to benefits in kind, in particular any cessation of, or change in, employment by the worker or any transfer of residence or stay of that worker or of a member of his family. Likewise, should the worker cease to be insured or cease to be entitled to benefits in kind, the competent institution shall inform the institution of the place of residence accordingly. The institution of the place of residence may, at any time, request the competent institution to supply it with any information relating to the worker's insurance or to his entitlement to benefits in kind.

9. Two or more Member States or the competent authorities of those Member States may, having received the Opinion of the Administrative Commission, agree on other implementing provisions.

Article 18

Cash benefits in the case of residence in a Member State other than the competent State 1. In order to draw cash benefits under Article 19 (1) (b) of the Regulation a worker shall, within three days of commencement of the incapacity for work, apply to the institution of the place of residence by submitting a notification of having ceased work or, if the legislation administered by the competent institution or by the institution of the place of residence so provides, a certificate of incapacity for work issued by the doctor treating the worker concerned.

2. Where the doctors treating the worker concerned in the country of residence do not issue certificates of incapacity for work, the worker shall apply directly to the institution of the place of residence within the time limit fixed by the legislation which it administers.

That institution shall forthwith have the incapacity for work medically confirmed and the certificate referred to in paragraph 1 drawn up. Such a certificate shall state the probable duration of the incapacity and shall be forwarded to the competent institution forthwith.

3. In cases where paragraph 2 does not apply, the institution of the place of residence shall, as soon as possible and in any event within the three days following the date on which the worker applied to it, have the worker medically examined as if he were insured with that institution. The report of the examining doctor shall indicate, in particular, the probably duration of the incapacity for work, and shall be forwarded to the competent institution by the institution of the place of residence within the three days following the date of the examination.

4. The institution of the place of residence shall subsequently carry out any necessary administrative checks or medical examinations of the worker as if he were insured with that institution. As soon as it establishes that the worker is fit to resume work, it shall forthwith notify the worker and the competent institution thereof, stating the date on which the worker's incapacity ceased. Without prejudice to the provisions of paragraph 6, the notification to the worker shall be treated as a decision taken on behalf of the competent institution.

5. In all cases the competent institution shall reserve the right to have the worker examined by a doctor of its own choice.

6. If the competent institution decides to withhold the cash benefits because the worker has not completed the formalities laid down by the legislation of the country of residence, or if it establishes that the worker is fit to resume work, it shall notify the worker of its decision and shall simultaneously send a copy of such decision to the institution of the place of residence.

7. When the worker resumes work, he shall notify the competent institution accordingly, if such notification is required by the legislation administered by that institution.

8. The competent institution shall pay cash benefits by the appropriate method, in particular by international money order, and shall inform the institution of the place of residence and the worker accordingly. Where cash benefits are paid by the institution of the place of residence on behalf of the competent institution, the latter shall inform the worker of his rights and shall notify the institution of the place of residence of the amount of the cash benefits, the dates for payment, and the maximum period during which they should be granted, in accordance with the legislation of the competent State.

9. Two or more Member States, or the competent authorities of those States may, having received the Opinion of the Administrative Commission, agree on other implementing provisions.

Implementation of Article 20 of the Regulation

Article 19

Special provisions for frontier workers and members of their families In the case of frontier workers or members of their families, medicinal products, bandages, spectacles and small appliances may be issued, and laboratory analyses and tests carried out, only in the Member State in whose territory they were prescribed or recommended, in accordance with the legislation of that Member State.

Implementation of Article 22 of the Regulation

Article 20

Benefits in kind in the case of a stay in a Member State other than the competent State - Special case of workers posted elsewhere and workers employed in international transport and members of their families 1. In order to receive benefits in kind for himself or for members of his family who accompany him at the time of his posting, a worker covered by Article 14 (1) (a) (i) or 2 (a) of the Regulation shall submit to the institution of the place of stay the certificate provided for in Article 11 of the Implementing Regulation. A worker who has submitted such certificate shall be presumed to have satisfied the conditions for the acquisition of the right to benefits in kind.

2. In order to receive benefits in kind for himself or for members of his family who accompany him, a worker employed in international transport, covered by Article 14 (1) (b) of the Regulation, who in the course of his employment goes to the territory of a Member State other than the competent State shall, as soon as possible, submit to the institution of the place of stay a special certified statement issued by the employer or by his agent during the current calendar month or during the two calendar months preceding its submission. Such certified statement shall state in particular the date from which the worker has been employed by the said employer, and the name and address of the competent institution; if, however, under the legislation of the competent State the employer is not required to know the competent institution, the worker shall provide in writing the name and address of that institution when submitting his application to the institution of the place of stay. A worker who has submitted the certified statement shall be presumed to have satisfied the conditions for aquisition of the right to benefits in kind. If a worker is unable to contact the institution of the place of stay before receiving medical treatment, he shall nevertheless receive such treatment on presentation of the said certified statement as if he were insured with that institution.

3. The institution of the place of stay shall, within three days, inquire of the competent institution whether the person concerned satisfies the conditions for acquisition of the right to benefits in kind. That institution shall provide benefits in kind until it receives a reply from the competent institution, but for not more than thirty days.

4. The competent institution shall send its reply to the institution of the place of stay within ten days of the receipt of the request from that institution. If the reply is in the affirmative, the competent institution shall indicate, if necessary, the maximum period during which the benefits in kind may be granted, in accordance with the legislation which it administers, and the institution of the place of stay shall continue to provide the said benefits.

5. In place of the certificate or certified statement provided for in paragraphs 1 and 2 respectively, workers covered by those paragraphs may submit to the institution of the place of stay a certified statement testifying that the conditions for acquisition of the right to benefits in kind have been satisfied. This certified statement, which shall be issued by the competent institution, shall specify in particular, where necessary, the maximum period during which benefits in kind may be granted in accordance with the legislation of the competent State. In such a case paragraphs 1, 2, 3 and 4 shall not apply.

6. Paragraphs 6, 7 and 9 of Article 17 of the Implementing Regulation shall apply by analogy.

7. Benefits in kind provided by virtue of the presumption made in paragraphs 1 or 2 shall be reimbursed as provided for in Article 36 (1) of the Regulation.

Article 21

Benefits in kind in the case of a stay in a Member State other than the competent State - Workers other than those covered by Article 20 of the Implementing Regulation 1. In order to receive benefits in kind under Article 22 (1) (a) (1) of the Regulation, save in the cases referred to in Article 20 of the Implementing Regulation, a worker shall submit to the institution of the place of stay a certified statement testifying that he is entitled to benefits in kind. Such certified statement, which shall be issued by the competent institution at the worker's request, if possible before he leaves the territory of the Member State in which he resides, shall specify in particular, where necessary, the maximum period during which benefits in kind may be granted, in accordance with the legislation of the competent State. If the worker does not submit the said certified statement, the institution of the place of stay shall obtain it directly from the competent institution.

2. Article 17 (6) (7) and (9) of the Implementing Regulation shall apply by analogy.

Article 22

Benefits in kind for workers in the case of transfer of residence or return to the country of residence, and for workers authorized to go to another Member State for medical treatment 1. In order to receive benefits in kind under Article 22 (1) (b) (i) of the Regulation, a worker shall submit to the institution of the place of residence a certified statement testifying that he is entitled to continue receiving the said benefits. This certified statement, which shall be issued by the competent institution, shall specify in particular, where necessary, the maximum period during which such benefits may continue to be provided, in accordance with the legislation of the competent State. The certified statement may, at the worker's request, be issued after his departure if, for reasons of force majeure, it cannot be drawn up beforehand.

2. Paragraphs 6, 7 and 9 of Article 17 of the Implementing Regulation shall apply by analogy.

3. Paragraphs 1 and 2 shall apply by analogy in respect of the provisions of benefits in kind in the case referred to in Article 22 (1) (c) (i) of the Regulation.

Article 23

Benefits in kind for members of the family The provisions of Article 21 or Article 22 of the Implementing Regulation, as appropriate, shall apply by analogy in respect of the granting of benefits in kind to members of the family as provided for in

Article 23

(3) of the Regulation.

Article 24

Cash benefits for workers in the case of a stay in a Member State other than the competent State The provisions of Article 18 of the Implementing Regulation shall apply by analogy in respect of the drawing of cash benefits under Article 22 (1) (a) (ii) of the Regulation. However, without prejudice to the requirement to submit a certificate of incapacity for work, a worker who is staying in the territory of a Member State, but not pursuing any professional or trade activity there, shall not be required to submit the notification of having ceased work referred to in Article 18 (1) of the Implementing Regulation.

Implementation of Article 23 (3) of the Regulation

Article 25

Certified statement relating to the members of the family to be taken into account in the calculation of cash benefits 1. In order to draw benefits under Article 23 (3) of the Regulation, a worker shall submit to the competent institution a certified statement relating to the members of his family who are resident in the territory of a Member State other than that wherein the said institution is situated.

2. This certified statement shall be issued by the institution of the place of residence of the members of the family.

It shall be valid for the twelve months following the date of its issue. It may be renewed; in such a case, it shall be valid from the date of its renewal.

The worker shall immediately notify the competent institution of any occurrence necessitating an amendment to the said certified statement. Such amendment shall take effect from the date of such occurrence.

3. In place of the certified statement provided for in paragraph 1, the competent institution may require the worker to produce recent civil status documents relating to the members of his family who are resident in the territory of a Member State other than that wherein the said institution is situated.

Implementation of Article 25 (1) of the Regulation

Article 26

Benefits to unemployed persons who go to a Member State other than the competent State in order to seek employment there 1. In order to receive benefits in cash and in kind under Article 25 (1) of the Regulation for himself and for the members of his family, an unemployed person shall submit to the sickness insurance institution of the place where he has gone a certified statement which he should have applied for, prior to his departure, from the competent sickness insurance institution. If he does not submit the said certified statement, the institution of the place to which he has gone shall obtain it from the competent institution.

This certified statement must testify the existence of the right to the said benefits under the conditions set out in Article 69 (1) (a) of the Regulation; indicate the duration of such right, taking into account Article 69 (1) (c) of the Regulation; and specify the amount of cash benefits to be provided, where appropriate, by way of sickness insurance during the abovementioned period, in the case of incapacity for work or hospitalization.

2. The unemployment insurance institution of the place where the unemployed person has gone shall testify on a copy of the certified statement referred to in Article 83 of the Implementing Regulation, which shall be sent to the sickness insurance institution of that same place, that the conditions laid down in Article 69 (1) (b) of the Regulation have been fulfilled and shall specify the date from which they were fulfilled, and the date from which the unemployed person qualifies for unemployment insurance benefits at the expense of the competent institution.

This certified statement shall be valid for the period laid down in Article 69 (1) (c) of the Regulation, for as long as the conditions are fulfilled. The unemployment insurance institution of the place where the unemployed person has gone shall, within three days inform the said sickness insurance institution if the conditions are no longer satisfied.

3. Article 17 (6) and (7) of the Implementing Regulation shall apply by analogy.

Implementation of Article 25 (3) of the Regulation

Article 27

Benefits in kind for members of the family of unemployed persons in the case of residence in a Member State other than the competent State Article 17 of the Implementing Regulation shall apply by analogy in respect of the granting of benefits in kind to the members of the family of unemployed persons when such members of the family are resident in the territory of a Member State other than the competent State. At the time of the registration of the members of the family of unemployed persons drawing benefits under Article 69 (1) of the Regulation, the certified statement referred to in Article 26 (1) of the Implementing Regulation must be produced. This certified statement shall be valid for the period of time during which the benefits may be granted under Article 69 (1) of the Regulation.

Implementation of Article 26 of the Regulation

Article 28

Benefits in kind for pension claimants and for members of their families 1. In order to receive benefits in kind in the territory of the Member State in which he resides, under Article 26 (1) of the Regulation, a claimant and the members of his family shall register with the institution of the place of residence by submitting a certified statement testifying that he is entitled under the legislation of another Member State to the said benefits for himself and for the members of his family. This certified statement shall be issued by the institution of that other Member State which is responsible for benefits in kind.

2. The institution of the place of residence shall inform the institution which has issued the certified statement of every registration effected in accordance with paragraph 1.

Implementation of Article 28 of the Regulation

Article 29

Benefits in kind for pensioners and members of their families who are not resident in a Member State under whose legislation they are entitled to benefits 1. In order to receive benefits in kind in the territory of the Member State in which he resides, under Article 28 (1) of the Regulation, a pensioner and the members of his family shall register with the institution of the place of residence by submitting a certified statement testifying that he is entitled to the said benefits for himself and for the members of his family, under the legislation or one of the legislations under which a pension is payable.

2. This certified statement shall be issued, at the request of the pensioner, by the institution or one of the institutions responsible for payment of the pension or, where appropriate, by the institution empowered to determine entitlement to benefits in kind, as soon as the pensioner satisfies the conditions for acquisition of the right to such benefits. If the pensioner does not submit the certified statement, the institution of the place of residence shall obtain it directly from the institution or institutions responsible for payment of the pension or, where appropriate, from the institution empowered to issue such certified statement. Whilst awaiting the receipt of this certified statement, the institution of the place of residence may, in the light of the documentary evidence accepted by it, register the pensioner and the members of his family provisionally. This registration shall not be applied by the institution responsible for the payment of benefits in kind until the institution of the place of residence has delivered the certified statement provided for in paragraph 1.

3. The institution of the place of residence shall inform the institution which has issued the certified statement provided for in paragraph 1 of every registration effected in accordance with the provisions of the said paragraph.

4. When making any application for benefits in kind the pensioner must prove to the institution of the place of residence, by means of the receipt or the counterfoil of the money order of the last payment made, that he is still entitled to a pension.

5. The pensioner or the members of his family shall inform the institution of the place of residence of any change in their situation which might alter their entitlement to benefits in kind, in particular any suspension or withdrawal of the pension and any transfer of their residence. The institutions responsible for the pension shall also inform the institution of the pensioner's place of residence of any such change.

6. The Administrative Commission shall, to the extent necessary, fix the procedure for determining the institution which shall bear the cost of the payment of benefits in kind, in the case referred to in Article 28 (2) (b) of the Regulation.

Implementation of Article 29 of the Regulation

Article 30

Benefits in kind for members of the family who are resident in a Member State other than the State in which the pensioner is resident 1. In order to receive benefits in kind in the territory of the Member State in which they reside, under Article 29 (1) of the Regulation, the members of the family shall register with the institution of their place of residence by submitting the documentary evidence required by the legislation which that institution administers for the granting of such benefits to members of a pensioner's family, together with a certified statement testifying that the pensioner is entitled to benefits in kind for himself and for the members of his family. This certified statement, which shall be issued by the institution of the pensioner's place of residence, shall remain valid as long as the institution of his family's place of residence has not been notified of its cancellation. When, however, the said certified statement is issued by a French institution, it shall only be valid for a period of twelve months from the date of issue and must be renewed yearly.

2. When making an application for benefits in kind, the members of the family shall submit to the institution of their place of residence the certified statement referred to in paragraph 1, if the legislation which that institution administers provides that such an application must be accompanied by evidence of entitlement to a pension.

3. The institution of the pensioner's place of residence shall inform the institution of the place of residence of the members of the family of the suspension or withdrawal of the pension, and of any transfer of residence of the pensioner. The institution of the place of residence of the members of the family may, at any time, request the institution of the pensioner's place of residence to furnish it with any information relating to entitlement to benefits in kind.

4. The members of the family shall inform the institution of the place of their residence of any change in their situation which is likely to alter their entitlement to benefits in kind, in particular any transfer of residence.

Implementation of Article 31 of the Regulation

Article 31

Benefits in kind for pensioners and members of their families staying in a Member State other than the one in which they are resident 1. in order to receive benefits in kind under Article 31 of the Regulation, a pensioner shall submit to the institution of the place of stay a certified statement testifying that he is entitled to the said benefits. This certified statement, which shall be issued by the institution of the pensioner's place of residence, if possible before he leaves the territory of the Member State where he resides, shall indicate in particular, where appropriate, the maximum period during which benefits in kind may be granted, in accordance with the legislation of that Member State. If the pensioner does not submit the said certified statement, the institution of the place of stay shall obtain it directly from the institution of the place of residence.

2. Paragraphs 6, 7 and 9 of Article 17 of the Implementing Regulation shall apply by analogy. In such a case, the institution of the pensioner's place of residence shall be considered to be the competent institution.

3. Paragraphs 1 and 2 shall apply by analogy in respect of the granting of benefits in kind to the members of the family covered by Article 31 of the Regulation.

Implementation of Article 35 (1) of the Regulation

Article 32

Institutions to which workers in mines and similar undertakings and members of their families can apply when staying or residing in a Member State other than the competent State 1. In the cases referred to in Article 35 (1) of the Regulation and where, in the country of stay or residence, the benefits provided under the sickness or maternity insurance scheme covering manual workers in the steel industry are equivalent to those provided under the special scheme for workers in mines and similar undertakings, workers belonging to such category and members of their families may apply to the nearest institution in the territory of the Member State in which they are staying or residing, specified in Annex 3 of the Implementing Regulation, even if the latter is an institution administering the scheme covering manual workers in the steel industry, and the said institution shall then be required to provide the benefits.

2. Where the benefits provided under the special scheme for workers in mines and similar undertakings are more advantageous, such workers or the members of their families shall have the option of applying either to the institution responsible for the administration of that scheme, or to the nearest institution in the territory of the Member State in which they are staying or residing which administers the scheme for manual workers in the steel industry. In the latter case, the institution in question shall draw the attention of the person concerned to the fact that by applying to the institution responsible for the administration of the abovementioned special scheme, he will obtain more advantageous benefits; it should, furthermore, inform him of the name and address of such institution.

Implementation of Article 35 (3) of the Regulation

Article 33

Taking into account of the period during which benefits have already been provided by the institution of another Member State For the purposes of implementing Article 35 (3) of the Regulation, the institution of a Member State called upon to provide benefits may request the institution of another Member State to send information relating to the period during which the latter institution has already provided benefits for the same case of sickness or maternity.

Refund by the competent institution of one Member State of expenses incurred during a stay in another Member State

Article 34

1. If it is not possible during a worker's stay in a Member State other than the competent State to complete the formalities provided for in Article 20 (1), (2) and (5), and Articles 21, 23 and 31 of the Implementing Regulation, his expenses shall, upon his application, be refunded by the competent institution of the place of stay.

2. The institution of the place of stay shall, at the request of the competent institution, supply it with the necessary information about such rates.

CHAPTER 3 INVALIDITY, OLD AGE AND DEATH (PENSIONS) Submission and investigation of claims for benefits

Article 35

Claims for invalidity benefits where the worker has been insured exclusively under the legislations specified in Annex III of the Regulation, and in the case referred to in Article 40 (2) of the Regulation 1. In order to receive benefits under Articles 37, 38 and 39 of the Regulation, including the cases referred to in Articles 40 (2), 42 (1) and 42 (2) of the Regulation, a worker shall submit a claim either to the institution of the Member State to whose legislation he was subject at the time of the occurrence of the incapacity for work followed by invalidity or the aggravation of such invalidity, or to the institution of the place of residence, which shall then forward the claim to the first institution, indicating the date on which it was submitted; this date shall be regarded as the date of the submission of the claim to the first institution. However, if sickness insurance cash benefits have been granted, the date on which such cash benefits ceased to be granted shall, where appropriate, be regarded as the date of submission of the pension claim.

2. In the case referred to in Article 41 (1) (b) of the Regulation, the institution with which the claimant was last insured shall notify the amount and the operative date of the benefits due under the legislation which it administers to the institution initially responsible for payment of the benefits. With effect from that date, the benefits due prior to the aggravation of the invalidity shall be cancelled or reduced to an amount not exceeding the supplement referred to in Article 41 (1) (c) of the Regulation.

3. Paragraph 2 shall not apply in the case referred to in Article 41 (1) (d) of the Regulation. In this case, the institution with which the claimant was last insured shall apply to the Netherlands institution in order to ascertain the amount due from that institution.

Article 36

Claims for old age and survivors' benefits (excluding orphans' benefits) and invalidity benefits in cases not referred to in Article 35 of the Implementing Regulation 1. In order to receive benefits under Articles 40 to 51 of the Regulation, except in the cases referred to in Article 35 of the Implementing Regulation, the person concerned shall submit a claim to the institution of the place of residence in accordance with the procedure provided for by the legislation administered by that institution. If the worker has not completed insurance periods under that legislation, the institution of the place of residence shall forward the claim to the institution of the Member State to whose legislation the claimant was last subject, indicating the date on which the claim was submitted. That date shall be regarded as the date on which the claim was submitted to the latter institution.

2. Where a claimant resides in the territory of a Member State under whose legislation the worker has not completed insurance periods, he may send his claim to the institution of the Member State to whose legislation the worker was last subject.

3. Where a claimant resides in the territory of a State which is not a Member State, he shall submit his claim to the competent institution of that Member State to whose legislation the worker was last subject.

Should the claimant send his claim to the institution of the Member State of which he is a national, the latter shall forward such claim to the competent institution.

4. A claim for benefits sent to the institution of one Member State shall automatically involve the concurrent award of benefits under the legislation of all the Member States in question whose conditions the claimant satisfies except where, under

Article 44

(2) of the Regulation, the claimant asks for postponement of any old age benefits to which he would be entitled.

Article 37

Documents and information which should accompany claims to the benefits referred to in Article 36 of the implementing Regulation The submission of the claims under Article 36 of the Implementing Regulation shall be subject to the following rules:

(a) the claim must be accompanied by the requisite supporting documents and must be drawn up on the form provided for by the legislation,

(i) of the Member State in whose territory the claimant resides, in the case referred to in Article 36 (1);

(ii) of the Member State to which the worker was last subject, in the cases referred to in Article 36 (2) and (3);

(b) the accuracy of the information supplied by the claimant must be proved by official documents attached to the claim form, or confirmed by the competent bodies of the Member State in whose territory the claimant resides;

(c) the claimant must indicate, in so far as is possible, either the institution or institutions administering insurance in respect of invalidity, old age or death (pensions) of any Member State with which the worker has been insured, or the employer or employers for whom he has worked in the territory of any Member State, by producing any employment certificates which he may have in his possession;

(d) if, under Article 44 (2) of the Regulation, the claimant asks for the postponement of the award of any old age benefits to which he would be entitled under the legislation of one or more Member States he may specify the legislation under which he is claiming benefits.

Article 38

Certified statements relating to the members of the family to be taken into account when establishing the amount of the benefit 1. In order to draw benefits under Article 39 (4) or Article 47 (3) of the Regulation, the claimant shall submit a certified statement relating to the members of his family, his children excepted, who are residing in the territory of a Member State other than that in which the institution responsible for the award of benefits is situated.

This certified statement shall be issued by the sickness insurance institution of the place of residence of the members of the family, or by another institution designated by the competent authority of the Member State in whose territory they are resident. The second and third subparagraphs of Article 25 (2) of the Implementing Regulation shall apply by analogy.

In place of the certified statement provided for in the first paragraph, the institution responsible for the award of benefits may require the claimant to supply recent civil status documents relating to the members of his family, his children excepted, who are residing in the territory of a Member State other than the State in which the said institution is situated.

2. In the case referred to in paragraph 1, if the legislation administered by the institution in question requires that the members of the family should live under the same roof as the pensioner, the fact that such members of the family who do not satisfy that condition are, nevertheless, mainly dependent on the claimant must be established by documents proving that the claimant is regularly sending them a part of his earnings.

Article 39

Investigation of claims for invalidity benefits in the case where the worker has been insured exclusively under the legislations specified in Annex III of the Regulation 1. If a worker has submitted a claim for invalidity benefits, and the institution establishes that the provisions of Article 37 (1) of the Regulation apply, that institution shall, where necessary, obtain from the institution with which the worker was last insured a certified statement of the insurance periods completed by him under the legislation administered by that last institution.

2. Where it is necessary to take into account insurance periods previously completed under the legislation of any other Member State in order to satisfy the conditions of the legislation of the competent State, the provisions of paragraph 1 shall apply by analogy.

3. In the case referred to in Article 39 (3) of the Regulation, the institution which has investigated the claimant's case shall forward his file to the institution with which the worker was last insured.

4. Articles 41 to 50 of the Implementing Regulation shall not apply to the investigation of claims referred to in paragraphs 1, 2 and 3.

Article 40

Determination of the degree of invalidity In order to determine the degree of invalidity, the institution of the Member State shall take into consideration the documents and medical reports and the information of an administrative nature obtained by the institution of any other Member State. Each institution shall, however, retain the right to have the claimant examined by a doctor of its own choice except where Article 40 (3) of the Regulation applies.

Investigation of claims for benefits in respect of invalidity, old age and survivors in the cases referred to in Article 36 of the Implementing Regulation

Article 41

Determination of the investigating institution 1. Claims for benefit shall be investigated by the institution (hereinafter called the 'investigating institution') to which they have been sent or forwarded in accordance with Article 36 of the Implementing Regulation.

2. The investigating institution shall forthwith notify claims for benefits to all the institutions concerned on a special form, so that the claims may be investigated simultaneously and without delay by all these institutions.

Article 42

Forms to be used for the investigation of claims for benefits 1. When investigating claims for benefits, the investigating institution shall use a form which will include, in particular, a statement and a summary of the insurance periods completed by the worker under the legislations of all the Member States concerned.

2. These forms, when forwarded to the institution of any other Member State, shall take the place of supporting documents.

Article 43

Procedure to be followed by the institutions concerned in the investigation of a claim 1. The investigating institution shall enter on the form provided for in Article 42 (1) of the Implementing Regulation the insurance periods completed under the legislation which it administers and it shall forward a copy of that form to the institution administering insurance in respect of invalidity, old age or death (pensions) of any Member State with which the worker has been insured enclosing, where appropriate, any employment certificates produced by the claimant.

2. Where only one other institution is involved, that institution shall complete the said form by indicating:

(a) the insurance periods completed under the legislation which it administers;

(b) the amount of benefit which the claimant could claim in respect of those insurance periods only;

(c) the theoretical amount and the actual amount of benefits calculated in accordance with Article 46 (2) of the Regulation.

The form, thus completed, shall be returned to the investigating institution.

If a right to benefits is acquired taking into account only the insurance periods completed under the legislation administered by the institution of the second Member State, and if the amount of benefit corresponding to those insurance periods can be established without delay, whereas the calculation procedure referred to in (c) requires an appreciably longer period of time, the form shall be returned to the investigating institution with the information referred to in (a) and (b); the information referred to in (c) shall be forwarded to the investigating institution as soon as possible.

3. If two or more other institutions are involved, each one of those institutions shall complete the said form by indicating the insurance periods completed under the legislation which it administers, and shall return it to the investigating institution.

If a right to benefit is acquired taking into account only the insurance periods completed under the legislation administered by one or more of those institutions, and if the amount of benefit corresponding to those insurance periods can be determined without delay, the investigating institution shall be simultaneously notified of that amount and of the insurance periods; if the determination of the amount involves some delay, the investigating institution shall be notified of that amount as soon as it has been determined.

On receipt of all the forms giving information concerning insurance periods and, where applicable, the amount or amounts due under the legislation of one or more of the Member States concerned, the investigating institution shall forward a copy of the forms thus completed to each one of the institutions concerned; each such institution shall specify thereon the theoretical amount and the actual amount of the benefits, calculated in accordance with Article 46 (2) of the Regulation, and shall return the form to the investigating institution.

4. As soon as the investigating institution, upon receipt of the information referred to in paragraphs 2 or 3, establishes the fact that Articles 40 (2) or 48 (2) or (3) of the Regulation should be applied, it shall inform the other institutions concerned accordingly.

5. In the case provided for in Article 37 (d) of the Implementing Regulation, the institutions of the Member States to whose legislation the claimant has been subject but to whom he has applied for postponement of the award of the benefits, shall enter on the form provided for in Article 42 (1) of the Implementing Regulation only the insurance periods completed by the claimant under the legislation which they administer.

Article 44

Institution empowered to take a decision relating to the degree of invalidity 1. Subject to the provisions of paragraphs 2 and 3, only the investigating institution shall be empowered to take the decision referred to in Article 40 (3) of the Regulation concerning the degree of invalidity of the claimant. It shall take such a decision as soon as it is in a position to determine whether, taking account, where appropriate, of Article 45 of the Regulation, the conditions for entitlement fixed by the legislation which it administers are fulfilled. It shall notify such decision forthwith to the other institutions concerned.

2. If, taking account of the provisions of Article 45 of the Regulation, the conditions for entitlement (other than those relating to the degree of invalidity) fixed by the legislation administered by the investigating institution are not fulfilled, it shall notify this to the institution competent in respect of invalidity of that one to whose legislation the worker was last subject.

This institution shall, if the conditions for entitlement fixed by the legislation which it administers are fulfilled, be empowered to take the decision relating to the degree of invalidity of the claimant and shall forthwith notify that decision to the other institutions concerned.

3. Where necessary, the matter may be referred back, under the same conditions, to the institution competent in respect of invalidity of the Member State to whose legislation the worker was first subject.

Article 45

Provisional payment of benefits, and advance payments of benefits 1. If the investigating institution establishes that the claimant is entitled to benefits under the legislation which it administers without having recourse to insurance periods completed under the legislation of other Member States, it shall pay such benefits immediately on a provisional basis.

2. If the claimant is not entitled to benefits under paragraph 1 but, from information supplied to the investigating institution pursuant to Article 43 (2) or (3) of the Implementing Regulation, it transpires that a right to benefits is acquired under the legislation of another Member State taking into account only the insurance periods completed under that legislation, the institution which administers the said legislation shall pay such benefits on a provisional basis as soon as the investigating institution has informed it of its obligation to do so.

3. If, in the case referred to in paragraph 2, a right to benefit is acquired under the legislation of more than one Member State, taking into account only those insurance periods completed under each one of those legislations, the payment of benefits on a provisional basis shall be the responsibility of the institution which first informed the investigating institution of the existence of such a right; it shall be the duty of the investigating institution to inform the other institutions concerned.

4. The institution required to pay benefits under paragraphs 1, 2 or 3 shall forthwith inform the claimant of the fact, drawing his attention explicitly to the provisional nature of the measures taken and to the fact that it is not open to appeal.

5. If no benefit is payable to the claimant on a provisional basis under paragraphs 1, 2 or 3, but it transpires from information received that a right is acquired under Article 46 (2) of the Regulation, the investigating institution shall pay him an appropriate recoverable advance, the amount of which shall be as close as possible to the amount he will probably be awarded under Article 46 (2) of the Regulation.

6. Two Member States or the competent authorities of those Member States may agree to apply other methods of payment of benefits on a provisional basis in cases where only the institutions of those States are concerned.

Any such agreements which are concluded on this subject shall be notified to the Administrative Commission.

Article 46

Calculation of benefits in the event of overlapping of insurance periods 1. For the calculation of the theoretical and actual amount of benefit in accordance with Article 46 (2) (a) and (b) of the Regulation, the rules provided for in Article 15 (1) (b), (c) and (d) of the Implementing Regulation shall apply.

The actual amount thus established shall be increased by the amount corresponding to the periods of voluntary or optional continued insurance, and shall be determined in accordance with the legislation under which these insurance periods were completed.

2. For the purposes of Article 46 (3) of the Regulation, the amounts of benefit corresponding to periods of voluntary or optional continued insurance shall not be taken into account.

3. Paragraphs 1 and 2 shall apply by analogy in the case of the optional complementary insurance referred to in the second subparagraph of Article 15 (3) of the Regulation.

For the purposes of German legislation, contributions which are not taken into account under Article 15 (1) (b) of the Implementing Regulation shall be taken into account for the calculation of the additional amounts of the optional complementary insurance. Paragraphs 1 and 2 shall apply by analogy.

Article 47

Final calculation of the amount of benefits due from institutions applying Article 46 (3) of the Regulation In the case referred to in the second subparagraph of Article 46 (3) of the Regulation, the investigating institution shall calculate and notify to each of the institutions concerned the final amount of benefits which each institution must grant.

Article 48

Notification to the claimant of the decisions of the institutions 1. The final decisions taken by each of the institutions concerned - taking account, where appropriate, of the notification referred to in Article 47 of the Implementing Regulation - shall be forwarded to the investigating institution. Each decision must specify the legal remedies and periods allowed for appeals provided for by the legislation concerned.

Upon receipt of all such decisions, the investigating institution shall notify the claimant thereof, in his own language, by means of a summarized statement to which the said decisions shall be attached. Periods allowed for appeals shall run only from the date of receipt of the summarized statement by the claimant.

2. On despatch to the claimant of the summarized statement provided for in paragraph (1), the investigating institution shall simultaneously forward a copy to each one of the institutions concerned, enclosing with it a copy of the decisions of the other institutions.

Article 49

Recalculation of benefits 1. The provisions of Articles 45 and 47 of the Implementing Regulation shall apply by analogy for the application of Articles 49 (2) and (3) and 51 (2) of the Regulation.

2. In the event of recalculation, withdrawal or suspension of benefit, the institution which has taken such a decision shall forthwith notify the fact to the person concerned and to each institution with which the said person has established entitlement to benefit, if necessary through the intermediary of the investigating institution. The decision must specify the legal remedies and periods allowed for appeals provided for by the legislation concerned. The periods allowed for appeals shall run only from the date of receipt of the decision by the person concerned.

Article 50

Measures designed to accelerate the award of benefits 1. (a) (i) Where a worker who is a national of one Member State becomes subject to the legislation of another Member State, the institution competent in respect of pensions of the latter Member State shall, using all the means at its disposal and at the time of registration of the said worker, forward to the body designated by the competent authority of that same Member State (country of employment), all information relating to the identification of the worker, the date on which he commenced employment, and the name of the said competent institution and the insurance number allotted by the latter.

(ii) Moreover, the competent institution referred to in (i) shall also, as far as possible, forward to the body designated under subparagraph (i) any other information which may facilitate and accelerate the ultimate award of the pensions.

(iii) Such information shall be forwarded, under conditions fixed by the Administrative Commission, to the body designated by the competent authority of the Member State concerned.

(iv) For the implementation of the provisions of subparagraphs (i), (ii) and (iii), stateless persons and refugees shall be deemed to be nationals of the Member State to whose legislation they were first subject.

(b) The institutions concerned shall, at the request of the worker, or of the institution with which he is currently insured, draw up the insurance history of the worker, starting not later than one year before the date on which he will reach pensionable age.

2. The Administrative Commission shall fix the methods for implementing paragraph (1).

Administrative checks and medical examinations

Article 51

1. When a person in receipt of benefits, in particular:

(a) invalidity benefits,

(b) old age benefits awarded in the event of unfitness for work,

(c) old age benefits awarded to elderly unemployed persons,

(d) old age benefits awarded in the event of cessation of a professional or trade activity,

(e) survivors' benefits awarded in the event of invalidity or unfitness for work,

(f) benefits awarded on condition that the means of the recipient do not exceed a prescribed limit,

is staying or residing in the territory of a Member State other than the State in which the institution responsible for payment is situated, administrative checks and medical examinations shall be carried out, at the request of that institution, by the institution of the place of stay or residence of the recipient in accordance with the procedures laid down by the legislation administered by the latter institution. The institution responsible for payment shall, however, retain the right to arrange for the examination of the recipient by a doctor of its own choice.

2. If it is established that the recipient referred to in paragraph (1) is employed or has means in excess of the prescribed limit while receiving benefits, the institution of the place of stay or residence shall send a report to the institution responsible for payment which has requested the check or examination. This report shall indicate in particular the nature of the employment, the amount of earnings or means which the person concerned has had during the last complete quarter, the normal remuneration paid in the same area to a worker at the same level as the person concerned in the occupation which he followed before becoming an invalid over a reference period to be determined by the institution responsible for payment and, where appropriate, the opinion of a medical expert on the state of health of the person concerned.

Article 52

When, after suspension of the benefits which he was receiving, the person concerned recovers his right to benefits whilst residing in the territory of a Member State other than the competent State, the institutions concerned shall exchange all information pertinent to the resumption of the provision of the said benefits.

Payment of Benefits

Article 53

Method of payment of benefits 1. If the institution responsible for payment in a Member State does not pay directly to persons entitled to benefits who are residing in the territory of another Member State the benefits due to them, such benefits shall be paid, at the request of the institution responsible for payment, by the liaison body of the latter Member State or by the institution of the place of residence of the said persons entitled to benefits in accordance with the procedure, provided for in

Articles 54 to 58 of the Implementing Regulation; if the institution responsible for payment pays the benefits directly to the persons entitled thereto, it shall notify the institution of the place of residence of this fact. The payment procedure to be applied by the institution of the Member States is specified in Annex 6.

2. Two or more Member States or the competent authorities of those States may agree on other procedures for the payment of benefits in cases where the competent institutions of those Member States are the only ones concerned. Any agreements concluded on this subject shall be notified to the Administrative Commission.

3. The provisions of agreements relating to the payment of benefits which apply on the day preceding the entry into force of the Regulation shall continue to apply provided that they are specified in Annex 5.

Article 54

Notification to the paying body of the detailed schedule of payments to be made The institution responsible for payment of benefits shall send to the liaison body of the Member State in whose territory the person entitled to benefits is residing, or to the institution of the place of residence (both hereinafter called 'paying body') a detailed schedule of payments to be made which should reach the paying body not later than twenty days before the date on which those benefits become due.

Article 55

Payment of amounts due into the account of the paying body 1. Ten days before the date on which the benefits fall due, the institution responsible for payment shall pay, in the currency of the Member State in whose territory it is situated, the sum necessary for the payments specified in the schedule provided for in Article 54 of the Implementing Regulation. Payment shall be made through the National Bank or through another bank of the Member State in whose territory the institution responsible for payment is situated, into an account opened in the name of the National Bank or of another bank of the Member State in whose territory the paying body is situated, in favour of that body. Such payment shall discharge all liability. The institution responsible for payment shall, at the same time, send notification of payment to the paying body.

2. The bank into whose account payment has been made shall credit the paying body with the exchange value of the payment in the currency of the Member State in whose territory that body is situated.

3. The names and seats of the banks referred to in paragraph 1 are listed in Annex 7.

Article 56

Payment of amounts due by the paying body to persons entitled to benefits 1. The payments specified in the schedule provided for in Article 54 of the Implementing Regulation shall be paid to the person entitled to benefits by the paying body on behalf of the institution responsible for payment. Such payments shall be made according to the procedures laid down by the legislation administered by the paying body.

2. As soon as the paying body or any other body designated by it learns of any circumstance justifying the suspension or withdrawal of benefits, it shall discontinue all payment. Such shall also be the case when the person entitled to benefits transfers his residence to the territory of another State.

3. The paying body shall advise the institution responsible for payment of benefits of the reason for any non-payment. In the event of the death of the person entitled to benefits or of his spouse, or in the case of the re-marriage of a widow or widower, the paying body shall notify the said institution of the date thereof.

Article 57

Settlement of accounts in respect of the payments referred to in Article 56 of the Implementing Regulation 1. The accounts in respect of the payments referred to in Article 56 of the Implementing Regulation shall be settled at the end of each payment period in order to determine amounts actually paid to persons entitled to benefits or to their legal or authorized representatives as well as amounts unpaid.

2. The total amount, expressed in figures and in words, in the currency of the Member State in whose territory the institution responsible for payment is situated, shall be certified as being in accordance with the payments made by the paying body and endorsed with the signature of that body's representative.

3. The paying body shall guarantee that the payments so determined have been properly made.

4. The difference between the sums paid by the institution responsible for payment, expressed in the currency of the Member State in whose territory that institution is situated, and the value, expressed in the same currency, of the payments accounted for by the paying body shall be entered against the sums to be paid subsequently under the same heading by the institution responsible for payment.

Article 58

Expenses incurred in the payment of benefits The expenses incurred in the payment of benefits, particularly postal and bank charges, may be recovered from the recipients by the paying body under the conditions provided for by the legislation administered by that body.

Article 59

Notification of transfer of residence of the person entitled to benefits When a person entitled to benefits due under the legislation of one or more Member States transfers his residence from the territory of one State to that of another State, he shall notify this fact to the institution or institutions responsible for the payment of such benefits and to the paying body.

CHAPTER 4 ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES Implementation of Articles 52 and 53 of the Regulation

Article 60

Benefits in kind in the case of residence in a Member State other than the competent State 1. In order to receive benefits in kind under Article 52 (a) of the Regulation, a worker shall submit to the institution of the place of residence a certified statement testifying that he is entitled to such benefits in kind. This certified statement, based upon information supplied by the employer, where appropriate, shall be issued by the competent institution. Moreover, if the legislation of the competent State so provides, the worker shall submit to the institution of the place of residence a receipt from the competent institution of notification of an accident at work or of an occupational disease. If the worker does not submit such documents, the institution of the place of residence shall obtain them directly from the competent institution and, pending their arrival, it shall grant him the benefits in kind under sickness insurance, provided that he satisfies the conditions for entitlement thereto.

2. That certified statement shall remain valid until the institution of the place of residence receives notification of its cancellation. However, when the said certified statement has been issued by a French institution, it shall only be valid for three months following the date of its issue, and must be renewed every three months.

3. If a worker is a seasonal worker, the certified statement referred to in paragraph 1 shall be valid for the whole of the expected duration of the seasonal work unless, in the meanwhile, the competent institution notifies the institution of the place of residence of its cancellation.

4. When applying for benefits in kind, the worker shall submit the supporting documents required for the granting of benefits in kind under the legislation of the Member State in whose territory he resides.

5. In the event of hospitalization the institution of the place of residence shall, within three days of becoming aware of the fact, notify the competent institution of the date of entry into hospital, the probable duration of hospitalization and the date of leaving hospital.

6. The institution of the place of residence shall notify the competent institution in advance of any decision relating to the granting of the benefits in kind included in the list referred to in Article 24 (2) of the Regulation, enclosing the necessary supporting documents. The competent institution shall have fifteen days from the day on which such information is sent within which to raise any objection and to state the reasons on which such objection is based; if, at the end of that period, no such objection has been raised, the institution of the place of residence shall grant the benefits in kind. Where such benefits in kind have to be granted in a case of extreme urgency, the institution of the place of residence shall forthwith inform the competent institution thereof.

7. The worker shall inform the institution of the place of residence of any change in his situation likely to alter his entitlement to benefits in kind, in particular any cessation of, or change in, employment or any transfer of residence or stay. Likewise, should the worker cease to be insured or cease to be entitled to benefits in kind the competent institution shall inform the institution of the place of residence accordingly. The institution of the place of residence may, at any time, request the competent institution to supply it with any information relating to the worker's insurance or to his entitlement to benefits in kind.

8. In the case of frontier workers, medicinal products, bandages, spectacles and small appliances may be issued, and laboratory analyses and tests carried out, only in the territory of the Member State in which they have been prescribed or recommended in accordance with the legislation of that Member State.

9. Two or more Member States or the competent authorities of those Member States may, having received the Opinion of the Administrative Commission, agree to introduce other implementing provisions.

Article 61

Cash benefits other than pensions in the case of residence in a Member State other than the competent State 1. In order to draw cash benefits other than pensions under Article 52 (b) of the Regulation, a worker shall, within three days from the commencement of incapacity for work, apply to the institution of the place of residence by submitting a notification of having ceased work or, if the legislation administered by the competent institution or by the institution of the place of residence so provides, a certificate of incapacity for work issued by the doctor treating the worker concerned.

2. If the doctors treating the worker concerned in the country of residence do not issue certificates of incapacity for work, the worker shall apply directly to the institution of the place of residence within the time-limit fixed by the legislation which it administers.

That institution shall immediately have the incapacity for work medically confirmed and the certificate referred to in paragraph 1 drawn up. Such certificate shall state the probable duration of the incapacity, and shall be forwarded to the competent institution forthwith.

3. In cases where paragraph 2 does not apply, the institution of the place of residence shall, as soon as possible and in any event within the three days following the date on which the worker applied to it, have the worker medically examined as if he were insured with that institution. The report of the examining doctor shall indicate, in particular, the probable duration of the incapacity for work, and shall be forwarded to the competent institution by the institution of the place of residence within the three days following the date of the examination.

4. The institution of the place of residence shall subsequently carry out any necessary administrative checks or medical examinations of the worker as if he were insured with that institution. As soon as it establishes that the worker is fit to resume work it shall forthwith notify the worker and the competent institution thereof, stating the date on which the worker's incapacity ceased. Without prejudice to the provisions of paragraph 6, the notification to the worker shall be treated as a decision taken on behalf of the competent institution.

5. In all cases, the competent institution shall reserve the right to have the worker examined by a doctor of its own choice.

6. If the competent institution decides to withhold the cash benefits because the worker has not completed the formalities laid down by the legislation of the country of residence, or if it establishes that the worker is fit to resume work, it shall notify the worker of its decision and shall simultaneously send a copy of such decision to the institution of the place of residence.

7. When the worker resumes work, he shall notify the competent institution accordingly if such notification is required by the legislation administered by that institution.

8. The competent institution shall pay cash benefits by the appropriate method, in particular by international money order, and shall inform the institution of the place of residence and the worker accordingly. Where cash benefits are paid by the institution of the place of residence on behalf of the competent institution, the latter shall inform the worker of his rights and shall notify the institution of the place of residence of the amount of the cash benefits, the dates for payment and the maximum period during which they should be granted, in accordance with the legislation of the competent State.

9. Two or more Member States or the competent authorities thereof may, having received the Opinion of the Administrative Commission, agree to introduce other implementing provisions.

Implementation of Article 55 of the Regulation

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, a worker covered by Article 14 (1) (a) (i), or (2) (a) of the Regulation shall submit to the institution of the place of stay the certificate provided for in Article 11 of the Implementing Regulation. A worker who has submitted such certificate shall be presumed to have satisfied the conditions for acquisition of the right to benefits in kind.

2. In order to receive benefits in kind, a worker employed in international transport as mentioned in Article 14 (1) (b) of the Regulation who, in the course of his employment, goes to the territory of a Member State other than the competent State shall, as soon as possible, submit to the institution of the place of stay a special certified statement issued during the current calendar month or during the two preceding calendar months by the employer or his agent. Such certified statement shall state, in particular, the date from which the worker has been employed by the said employer and the name and address of the competent institution. A worker who has submitted such certified statement shall be presumed to have satisfied the conditions for acquisition of the right to benefits in kind.

If a worker is unable to contact the institution of the place of stay before receiving medical treatment he shall, nevertheless, receive such treatment on presentation of the said certified statement as if he were insured with that institution.

3. The institution of the place of stay shall within three days inquire of the competent institution whether a worker covered by paragraph 1 or 2 satisfies the conditions for acquisition of the right to benefits in kind. The institution of the place of stay shall provide the benefits in kind until it receives a reply from the competent institution, but for not more than thirty days.

4. The competent institution shall send its reply to the institution of the place of stay within ten days of the receipt of the request from that institution. If that reply is in the affirmative the competent institution shall indicate, if necessary, the maximum period during which benefits in kind may be granted, in accordance with the legislation which it administers, and the institution of the place of stay shall continue to provide the said benefits.

5. Benefits in kind provided by virtue of the presumption made in paragraph 1 or 2 shall be reimbursed as provided for in Article 36 (1) of the Regulation.

6. In place of the certificate or certified statement provided for in paragraphs 1 and 2 respectively, workers covered these paragraphs may submit to the institution of the place of stay a certified statement as provided for in paragraph 7.

7. In order to receive benefits in kind under Article 55 (1) (a) (i) of the Regulation, except in cases where a presumption is made under paragraphs 1 and 2, a worker shall submit to the institution of the place of stay a certified statement testifying that he is entitled to benefits in kind. Such certified statement, which shall be issued by the competent institution, if possible before the worker leaves the territory of the Member State in which he resides, shall specify in particular, where necessary, the maximum period during which benefits in kind may be granted, in accordance with the legislation of the competent State. If the worker does not submit the said certified statement, the institution of the place of stay shall obtain it from the competent institution.

8. Article 60 (5) (6) and (9) of the Implementing Regulation shall apply by analogy.

Article 63

Benefits in kind for workers who transfer their residence or return to their country of residence, and for workers authorized to go to another Member State for medical treatment 1. In order to receive benefits in kind under Article 55 (1) (b) (i) of the Regulation, a worker shall submit to the institution of the place of residence a certified statement testifying that he is entitled to continue receiving the said benefits. This certified statement, which shall be issued by the competent institution, shall specify in particular, where necessary, the maximum period during which such benefits may continue to be provided, in accordance with the provisions of the legislation of the competent State. The certified statement may, at the worker's request, be issued after his departure if, for reasons of force majeure, it cannot be drawn up beforehand.

2. Article 60 (5), (6) and (9) of the Implementing Regulation shall apply by analogy.

3. Paragraphs 1 and 2 shall apply by analogy in respect of the provision of benefits in kind in the case referred to in Article 55 (1) (c) (i) of the Regulation.

Article 64

Cash benefits other than pensions in the case of a stay in a Member State other than the competent State Article 61 of the Implementing Regulation shall apply by analogy in respect of the drawing of cash benefits, other than pensions, under Article 55 (1) (a) (ii) of the Regulation. However,