COUNCIL REGULATION (EEC) No 1209/76 of 30 April 1976 amending Regulations (EEC) No 1408/71 and (EEC) No 574/72 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 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1), as last amended by Regulation (EEC) No 1392/74 (2), and in particular Articles 95 and 97 thereof,

Having regard to Council Regulation (EEC) No 574/72 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 (3), as last amended by Regulation (EEC) No 2639/74 (4), and in particular Article 121 thereof,

Having regard to the proposal from the Commission drawn up after consultation with the Administrative Commission on Social Security for Migrant Workers,

Having regard to the opinion of the European Parliament (5),

Having regard to the opinion of the Economic and Social Committee (6),

Whereas the changes that have been made in United Kingdom legislation call for special provisions to implement the rules relating to aggregation of periods so that, when determining the right to benefits provided for by this legislation, periods completed in the other Member States may be taken into account and, when determining rights under the legislation of other Member States, contributions paid in the United Kingdom may be taken into account;

Whereas it is appropriate that certain provisions of bilateral conventions concluded between Member States should remain in force;

Whereas account must be taken of changes in the internal administrative organization of the Member States,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1408/71 shall be amended as follows: 1. Annex I, point D. FRANCE:

Subparagraph (b) shall be replaced by the following:

"(b) postnatal allowances."

2. Annex II: (a) Part A: (i) Point 19 shall be replaced by the following:

"19. GERMANY - LUXEMBOURG

Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959."

(1)OJ No L 149, 5.7.1971, p. 2. (2)OJ No L 152, 8.6.1974, p. 1. (3)OJ No L 74, 27.3.1972, p. 1. (4)OJ No L 283, 19.10.1974, p. 1. (5)OJ No C 280, 8.12.1975, p. 63. (6)OJ No C 35, 16.2.1976, p. 38. (ii) Point 30 shall be replaced by the following:

"30. IRELAND - UNITED KINGDOM

Article 8 of the Agreement of 14 September 1971 on social security."

(b) Part B: (i) Point 3. BELGIUM - FRANCE:

Subparagraph (b) shall be deleted.

Subparagraph (c) shall become subparagraph (b).

(ii) Point 23 shall be replaced by the following:

"23. FRANCE - ITALY

Articles 20 and 24 of the General Convention of 31 March 1948."

3. Annex IV: (a) Table headed BELGIUM, section headed ITALY, point 1, column headed "General scheme":

"No concordance" shall be replaced by "Concordance".

(b) Table headed FRANCE, section headed ITALY, point 1, first and second indents, columns headed "General scheme, Group I", "Agricultural scheme, 2/3 invalidity", "Miners" scheme, 2/3 General invalidity":

"No concordance" shall be replaced by "Concordance".

(c) Table headed LUXEMBOURG: (i) Section headed BELGIUM, point 2, first indent, columns headed "Workers" invalidity - manual workers' and "Invalidity - clerical workers":

"Concordance" shall be replaced by "No concordance".

(ii) Section headed ITALY, point 1, first indent, column headed "Workers" invalidity - manual workers':

"No concordance" shall be replaced by "Concordance".

4. Annex V: (a) Point C. GERMANY:

Paragraph 7 shall be replaced by the following:

"7. For the purposes of the Regulation, the lump-sum contributions towards confinement expenses, granted under German legislation to insured persons and members of their families shall be considered as a benefit in kind."

(b) Point I. UNITED KINGDOM: (i) The following paragraphs shall be added after paragraph 14:

"15. For the purposes of Articles 10, 27, 28, 28a, 29, 30 and 31 of the Regulation, the attendance allowance granted to a worker under United Kingdom legislation shall be considered as an invalidity benefit.

16. For the purposes of Article 10 (1) of the Regulation, any beneficiary under United Kingdom legislation who is staying in the territory of another Member State shall, during that stay, be considered as if he resided in the territory of that other Member State."

(ii) The following paragraph shall be added after paragraph 16:

"17. (1) For the purpose of calculating an earnings factor with a view to determining the right to benefits under United Kingdom legislation, each week during which a worker has been subject to the legislation of another Member State and which commenced during the relevant income tax year within the meaning of United Kingdom legislation shall be taken into account in the following way: (a) for each week of insurance, employment or residence as a worker, the person concerned shall be deemed to have paid contributions as an employed earner on the basis of earnings equivalent to two-thirds of that year's upper earnings limit;

(b) for each full week during the whole of which he has completed a period treated as a period of insurance, employment or residence, the person concerned shall be treated as having a contribution credited to him, but only to the extent required to bring his total earnings factor for that year to the lower earnings limit multiplied by 50.

(2) For the purpose of converting an earnings factor into periods of insurance, the earnings factor achieved in the relevant income tax year within the meaning of United Kingdom legislation shall be divided by that year's lower earnings limit. The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated shall be treated as representing the number of weeks of insurance completed under United Kingdom legislation during that year provided that such figure shall not exceed the number of weeks during which in that year the person was subject to that legislation."

Article 2

Regulation (EEC) No 574/72 shall be amended as follows: 1. Article 4 (10):

"Article 86 (2)" shall be inserted after "Article 85 (2)".

2. Article 10 (1) ; heading:

"under the legislation of one Member State only" shall be replaced by "under the legislation of a Member State".

3. Article 12 shall be replaced by the following:

"Article 12

Special provisions concerning insurance under the German social security scheme

Where, under the terms of Article 13 (2) (a), Article 14 (1) (a), (b) and (c) or (2) (a) of the Regulation, or under an agreement concluded pursuant to Article 17 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 on German territory, and the worker has no fixed job on German territory, this legislation shall apply as if the worker were employed in his place of residence on German territory.

If the worker has no residence on German territory, German legislation shall apply as if he were employed in a place for which the Allgemeine Ortskrankenkasse, Bonn (General Sickness Fund of Bonn), is competent."

4. Annex 1: (a) Point D shall be replaced by the following:

"D. FRANCE 1. Ministre du travail (Minister of Labour), Paris.

2. Ministre de l'agriculture (Minister of Agriculture), Paris.

3. Secrétaire d'État aux transports (State Secretary for Transport), Paris."

(b) Point I. UNITED KINGDOM:

The following paragraph shall be added after paragraph 5:

"6. Director of the Medical and Public Health Department, Gibraltar."

>PIC FILE= "T9000867"> >PIC FILE= "T9000868"> >PIC FILE= "T9000869"> >PIC FILE= "T9000870"> >PIC FILE= "T9000871"> >PIC FILE= "T9000872"> >PIC FILE= "T9000873"> >PIC FILE= "T9000874"> (d) Point 35 shall be replaced by the following:

"35. LUXEMBOURG - UNITED KINGDOM (a) The exchange of letters of 28 November 1975 and 18 December 1975 regarding Article 70 (3) of the Regulation (waiving of reimbursement of benefits paid pursuant to Article 69 of the Regulation).

(b) The exchange of letters of 18 December 1975 and 20 January 1976 regarding Articles 36 (3) and 63 (3) of the Regulation and Article 105 (2) of the Implementing Regulation (waiving of reimbursement of costs of benefits in kind provided under the terms of Title III, Chapters 1 or 4 of the Regulation, and also of the costs entailed in administrative checks and medical examinations referred to in Article 105 of the Implementing Regulation)."

>PIC FILE= "T9000875"> >PIC FILE= "T9000876"> Article 3

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities,

However: - Article 2 (6) (a) and (10) shall be applicable from 1 October 1972 in dealings between the Member States of the Community as originally constituted and from 1 April 1973 for the new Member States;

- Article 1 (2) (a) (ii) and (4) (b) (i), and Article 2 (1) and (11) (b) and (d) shall be applicable from 1 April 1973;

- Article 1 (2) (a) (i) shall be applicable from 1 January 1975;

- Article 1 (4) (b) (ii) shall be applicable from 6 April 1975.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 30 April 1976.

For the Council

The President

B. BERG