ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (84) 746 
 
 
 
Vol. 1984/0266 
  
 
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concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
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classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
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erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
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COMMISSION  
OF THE
EUROPEAN COMMUNITIES
General SecretariatCOM( 8 4 )  7 4 6  fin al 
Brussels, 7 January 198 5  
FOR OFFICIAL USE ONLY
N EG O TIA TIO N S F O R  T H E  A C C E SSIO N  O F  SPA IN 
29th report
on the examination of Community secondary leg islatio n
Examination of the acts relatin g  to 
SO CIA L SEC U R ITY  F O R  M IG R A N T  W O R K E R S
(supplement to the reports on the 
acts relatin g  to SO C IA L AFFAIRS)
(Commission Communication to the Council)
C O M (84) 746 fin a l

I. In its successive reports to the Council on the results of the 
examinations of Community secondary legislation in the field of 
social affairs^ which it had carried out with the Spanish 
Delegation, the Commission stated that it would set out in a 
special subsequent report the many adaptations to provisions of 
Community regulations (and their annexes) concerning the social 
security of migrant workers which would be needed to take 
account of accession, the reason being the complex and 
difficult nature of the subject, which necessitated more extensive 
examinations, and the need to consult the Administrative Commission 
on Social Security for Migrant Workers, as was the case during 
similar examinations carried out in the context of the accession 
negotiations with Greece.
This report supplements the earlier reports in question. It 
concerns the EEC acts relating to social security for migrant 
workers in force on 1 November 1984.
Subject to the comments below, the results of this supplementary 
examination are contained in the three annexes to this report:
(a) Annex I gives details of the sole act relating to this sector 
which requires no technical adaptation;
(b) Annex II lists the technical adaptations which need to be 
made, in order to take account of Spain's accession, to the 
provisions of Council Regulations (EEC) No 1408/71 and
No 574/72, as amended and updated by Council Regulation 
(EEC) No 2001/83, together with the comments giving the 
reasons for those adaptations;
(c) Annex III lists subsequent technical adaptations which may 
need to be made to those regulations.
See 7th report (C0M(80)345 final, 24.6.1980), 17th report 
(C0M(82)252 final, 11.6.1982) and 26th report (C0M(84)346, 25.6.1984).

II. The Commission makes the following additional observations after an 
examination of the two Regulations concerned.
A. Independently of the adaptations indicated in Annex II, the Spanish 
delegation has proposed to make the additional adaptations to the 
Regulations on wich the Commission has, however, not been able to 
record its agreement.
These additional adaptations concerned the inclusion in Annex VI to 
Regulation No 1^08/71, under heading D. Spain, the following provisions
1) "The provision laid down by Article 12(3) of the Regulation shall 
be applicable to the Spanish old age pension in the cases 
determined by Spanish legislation".
It is recalled that the provision of Article 12(3) prohibits the 
overlapping of an early old age pension with the pursuit of a 
professional or trade activity. The Spanish delegation wishes to 
extend this prohibition to all old age pensions. The Commission 
delegation is of the opinion that such an extension is not 
justified, on the following grounds:
(a) the provision of Article 12(3) for persons receiving an 
old-age pension other than an early old age pension was 
adopted in view of the need to alleviate the workload of the 
social security institutions of the place of residence of 
the persons concerned, on the one hand, and because of the 
very small benefits which a general prohibition of overlapping 
with a professional or trade activity would have, on the 
other hand;

-  2 - V/1379/84-EN
HS/fg
(b) a general prohibition of overlapping would be a retrograde 
step for those concerned as regards their social position, 
and would as such be hardly defensible, both socially and 
politically;
(c) it would seem to be inappropriate to make an exception to a 
fundamental rule of the Community co-ordination system for 
the sake of one Member State, which would be tentamount to 
restricting the rights of workers who are nationals of that 
Member State and of workers who are nationals of the other 
Member States who have been subject to the legislation of 
that Member State.
Finally, the Commission delegation considers that the 
provisions of Article 12 of the Regulation do not prevent 
the application by Spanish institutions of the clause for 
suspension of the old age pension laid down by Spanish 
legislation where the pensioner pursues an occupation by 
virtue of which he is subject to the Spanish social security 
scheme.
2. "Article 45(1) is not applicable with regard to the award of the 
right to benefits under the abolished scheme for old-age and 
invalidity insurance."
The contributions paid to Spanish schemes in force before 1967 or 
credited to the person concerned because of his age on 1 January 196 
cannot, according to Spanish legislation, be taken into account 
for the acquisition of the right to old-age benefits under the 
general scheme.
The proposed text is designed to prevent these periods from being 
taken into account for the acquisition of the right to benefits 
where it is necessary to apply the provisions of Article 45(1) of 
the Regulation.
The Commission delegation notes that this additional text is 
superfluous. The fact is that Article l(r) of the Regulation 
specifies that " 'periods of insurance' means periods of contribu­
tion or periods of employment or self-employment as defined or 
recognized as periods of insurance by the legislation under which

- 3 - V/1379/84-EN
HS/fg
they were completed or considered as completed, and all periods 
treated as such, where they are regarded by the said legislation 
as equivalent to periods of insurance;".
Consequently, where Article 45(1) has to be applied, the periods 
completed under Spanish legislation are those recognized as such 
by that legislation. Periods covered by contribution payments 
prior to 1 January 1967 or credited because of the age of the 
person concerned on 1 January 1967 are not recognized by Spanish 
legislation for the acquisition of the right to benefits and there 
are therefore no grounds for taking them into account for the 
application of the provisions of Article 45(1)^.
3. For the purpose of applying Articles 12(1) and 79(3), Spain
considers the orphan's pension and family allowances that are 
likely to be payable to one and the same orphan as benefits of 
different kinds. Thus, the orphan's pension or family allowances 
for the orphan that could be payable by Spain cannot be considered 
incompatible with, respectively, any family allowances or orphan's 
pension likely be payable by another Member State.
In the framework of the application of its domestic legislation, 
Spain declares that, in accordance with the laws in force, receipt 
of an orphan's pension is compatible with family allowances even 
if both relate to the same orphan."
This proposed text is intended to confirm the interpretation given 
by the Court of Justice of the European Communities to Article 
79(3) of Regulation No 1408/71 in Case 115/77 (Laumann).
''"According to information provided by the Spanish delegation the latter will 
be able to agree to this interpretation-

- 4 -
In the opinion of the Commission delegation there is no need to 
confirm this interpretation by inserting a text in the Annex to 
the Regulation as any provisions of the Regulation interpreted by 
the Court of Justice are directly applicable in the Member States.
Moreover, Annex VI-D concerns the application of Spanish legislation 
and not of that of the other Member States. Spanish legislation 
contains the same provision and there is therefore no need for 
repeating it in Annex VI.
Should it be deemed necessary to lay down the Court's interpretation 
in the Regulation, it is Article 79(3) that should be amended. 
Such an amendment would, however, be outside the scope of these 
technical adaptations.
The Commission delegation recalls that the whole of Chapter 8 of 
Title III of Regulation No 1408/71 will have to be altered to take 
account of the Court's Judgments relating to the interpretation of 
this Chapter, which included Article 79(3).
B. Sections 1.7 and II.8 of Annex II comprise the provisions of bilateral 
conventions concluded between Spain and the Member States which remain 
in force.
Under Article 7(2) of Regulation No 1408/71 and Article 5 of Regulation 
No 574/72 it is possible to maintain the applicability of provisions of 
bilateral conventions concluded between the Member States by listing 
them in Annex III and Annex 5 to the Regulations.
The Spanish delegation has reserved the right to ask for other provisions 
to remain in force that are laid down in bilateral conventions concluded 
between Spain and Belgium, Germany, France, Italy and the Netherlands on 
which the Commission delegation has not yet been able to decide.

- 5 -
In the statement made by the Spanish delegation at the 25th meeting of 
the Conference at Deputy Level of 25 March 1983, it is stated that the 
Spanish delegation reiterates that it has contacted the Member States 
with which Spain has signed agreements or conventions on social security 
in order to ensure that their most favourable provisions, or the 
provisions that are administratively the most appropriate, remain in 
force after accession through their inclusion in the corresponding 
Annexes to Regulations Nos 1408/71 and 574/72."
As a general rule, the Commission considers that accession should not 
have the effect of interfering with the advantages from which Spanish 
and Community workers may benefit under bilateral social security 
conventions concluded between certain Member States and Spain that are 
in force on the day of accession.
C. As indicated in the proposals concerning the chapter relating to social 
affairs submitted by the Commission to the Counci 1 ^ \  the Commission 
sees no objective reason for fixing a transitional period for social 
security matters.
However, if such a period should be decided on, it will be necessary to 
examine, in the framework of the technical adaptations, whether other 
provisions of bilateral conventions concluded between Spain and the 
Member States should be maintained.
It would indeed be unacceptable if as a result of the accession of their 
country to the Community Spanish nationals working in the Community 
would have a social position that is less favourable than that before 
accession.
(1) COM (80) 102 final of 12 March 1980, p. 16

- 1 -
ANNEX I
COMMUNITY ACT ON SOCIAL SECURITY FOR MIGRANT WORKERS NOT REQUIRING TECHNICAL 
ADAPTATIONS
Decision 71/238/CEE of the Council of 14 June 1971 on the application of 
Article 51 of the Treaty to French Overseas Departments 
(O.J. No L 149 of 5 July 1971, page 1)

ANNEX II
COMMUNITY ACTS
on social security for migrant workers 
requiring technical adaptations

- 3 -
I. Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application 
of social security schemes to employed persons, to self-employed persons 
and to members of their families moving within the Community, as amended 
and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 
(OJ L 230 of 22 August 1983)
1. In Article 23, paragraph 1 shall be replaced by the following:
"1. The competent institution of a Member State whose legislation 
provides that the calculation of cash benefits shall be 
based on average earnings or on an average contribution 
base, shall determine such average earnings or average 
contribution base exclusively by reference to earnings 
confirmed or contribution bases applied during the periods 
completed under the said legislation."
Comments
Under Spanish legislation the amount of cash benefit is determined by 
reference to the basis on which the contributions were calculated.
Under the scheme for employed persons the contribution base does not 
always correspond to the earnings received by the worker concerned as 
there is a minimum base and a maximum base for each of the 12 occupational 
categories.
In the scheme for self-employed persons, the insured person himself 
chooses the contribution base from among those appearing in a table 
compiled by the Ministry responsible.

- 4 -
2. The following paragraph is added to Article 45:
"7. Where the legislation of a Member State which makes granting 
of benefits conditional upon the employed or self-employed 
person being subject to that legislation at the time when 
the risk materializes, requires a qualifying insurance 
period for the acquisition of the right to benefits, any 
employed or self-employed person who has ceased to be so 
subject shall be regarded as still being so subject at the 
time when the risk materializes, for the purposes of this 
Chapter, if he is subject to the legislation of another 
Member State when the risk materializes or, failing this, if 
he can show proof of having acquired the right to benefits 
under the legislation of another Member State. However, the 
latter condition shall be deemed to have been fulfilled in 
the case referred to in Article 48(1)."
Comments
Spanish legislation requires, in addition to the qualifying period, that 
the insured person should be what is called an "alta", which means that 
he should belong to the insurance scheme and pay contributions thereto 
or that he should be in a position treated as such (unemployment, leave 
while holding a public elective office) at the time when the various 
risks insured against occur.
This requirement presents no particular problems for the granting of 
short-term benefits as the person concerned should have been subject to 
Spanish legislation when the contingency occurred.

- 5 -
For pensions the situation is different. Paragraphs 4, 5 and 6 of Article 45, 
which make provision for similar situations, are not applicable because they 
concern legislations which do not require a qualifying period. But Spanish 
legislation provides for the general principle of qualifying periods.
1. 1 800 contribution days during the 10 years preceding the date on which 
temporary incapacity for work ceased (employed persons) or the date on 
which entitlement is acquired (self-employed persons) to the pension for 
permanent invalidity;
2 . 10 contribution years, of which at least 700 days must lie between the 7 
years immediately preceding the date on which entitlement is acquired 
(employed persons), or 120 contribution months, 24 of which during the 7 
years immediately preceding the date on which entitlement is acquired 
(self-employed persons) to the old-age pension;
3. 500 contribution days during the 5 years immediately preceding the death 
(employed persons) or 60 contribution months during the 10 years 
immediately preceding the death (self-employed) in respect of survivors1  
pens ions.
Consequently, a specific paragraph has to be inserted in Article 45 for the 
granting of Spanish pensions to provide for cases in which the beneficiary is 
not an "alta" at the time when the risk materializes.

-  6 -
3. The following subparagraph (e) is added to Article 47(1):
"(e) Where, under the legislation of a Member State, benefits are 
calculated on the basis of an average contribution base, the 
competent institution of that State shall determine such average 
base only on the basis of insurance periods completed under the 
legislation of the said State."
Comments
See at point 1 above concerning Article 23(1).
4. In Article 82(1) the figure "60" is replaced by "66".
Comments
The purpose of this amendment is to adjust the number of members of the 
Advisory Committee on Social Security for Migrant Workers.
5. In Annex I, parts I and II are amended as follows:
Parts I and II
after the entry C. Germany, the following is inserted:
"D.Spain
Does not apply."

- 7 -
the entries D. France, E. Greece, F. Ireland, G. Italy,
H. Luxembourg, I. Netherlands and J. United Kingdom become
respectively E. France, F. Greece, G. Ireland, H. Italy,
I. Luxembourg, J. Netherlands and K. United Kingdom.
Comments
Under Spanish legislation, distinction can be made between employed persons, 
self-employed persons and members of their families. Consequently, there is 
no need for introducing references to definitions of these categories of 
persons to be listed in Annex I to the Regulation.
6. In Annex II, parts I and II are amended as follows:
Part I
after the entry C. Germany, the following is inserted:
"D. Spain
1. Voluntary welfare schemes which complement or supplement social 
security schemes and are administered by institutions governed by 
the General Law on Socia] Security of 6 December 1941 and the 
Regulation pertaining thereto of 26 May 1943
(a) either as regards benefits that complement or supplement 
social security benefits
(b) or as regards mutual benefit funds for insured persons, 
which are not meant to be integrated in the social security 
scheme under the provisions of point 7 of the Sixth 
Transitional Provision of the General Law on Social Security 
of 30 May 1974 and which therefore does not replace the 
institutions of the compulsory social security scheme.

-  8 -
2. Welfare schemes and/or social assistance or charity schemes administered 
by institutions that are not subject to the General Law on Social 
Security or to the Law of 6 December 1941.
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
Comments
The Spanish social security scheme allows the establishment of voluntary 
welfare schemes on the initiative and with the resources of the persons 
concerned, for the purpose of complementing or supplementing the benefits of 
the social security scheme.
Certain mutual benefit funds for insured persons set up schemes before the 
entry into force of the present social security system. Most of these 
schemes, which maintain their own institutions, are an integral part of the 
compulsory social security scheme under the terms of point 7 of the Sixth 
Transitional Provision of the General Law on Social Security.
However, there are others that are not meant to be integrated in the general 
social security scheme, namely, mutual benefit funds of the professions with a 
certain public authority, such as barristers and notaries.
Welfare schemes or insurance schemes may also be set up under commercial 
or under the regulations of social assistance or of charity organizations.law

- 9 -
Al1 these schemes are "special schemes 
of which is left to the initiatives of 
be specified in Annex II.for self-employed persons the creation 
those concerned"; they must therefore
Part II
After the entry C. Germany, the following is inserted:
"D. Spain 
None"
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
Comments
As the childbirth allowances provided for by Spanish legislation are not 
special allowances granted for demographic purposes, there are no grounds for 
excluding them from the scope of the Regulation.
7. In Annex III, parts A and B are amended as follows:
Part A
After the entry Belgium-Germany,  the following is inserted:
"3. Belgium-Spain 
None"

-  10  -
After the entry Denmark-Germany,  the following is inserted:
"12. Denmark-Spain 
No convention."
After the entry Denmark-United Kingdom, the following is inserted:
"20. Germany-Spain
It
After the entry Germany-United Kingdom, the following are inserted 
"28. Spain-France
29. Spain-Greece 
No convention
30. Spain-Ireland 
No convention
31. Spain-Italy
32. Spain-Luxembourg
Article 5(2) of the Convention of 8 May 1969
33. Spain-Netherlands
34. Spain-United Kingdom 
None"
After the entry "3. Belgium-Spain",  all the present entries are re­
numbered accordingly.

- 11 -
Part B
After the entry Belgiutn-Germany,  the following is inserted:
"3. Belgium-Spain 
None"
After the entry Denmark-Germany,  the following heading is inserted: 
"12. Denmark-Spain 
No convention
After the entry Denmark-United Kingdom, the following is inserted: 
”28. Germany-Spain
After the entry Germany-United Kingdom, the following are inserted: 
"28. Spain-France
29. Spain-Greece 
No convention
30. Spain-Ireland 
No convention
31. Spain-Italy
32. Spain-Luxembourg
Article 5(2) of the Convention of8 May 1969
33. Spain-Netherlands
34. Spain-United Kingdom 
None"

-  12 -
After the entry 2. Belgium-Germany all the present entries are re­
numbered accordingly.
Comments
In accordance with Article 7(2) of Regulation No 1408/71, the Spanish 
delegation wished to keep open the possibility of asking that certain 
provisions of bilateral conventions concluded between Spain and Germany, 
France, Italy and the Netherlands remain in force.^
The Spanish delegation has been invited to contact the authorities of the 
Member States concerned.
Agreement has been reached on the continued applicability of the following: 
Spain-Luxembourg
Equality of treatment as regards payment of benefits in non-member States.
8. Annex IV is amended as follows:
After the entry C. Germany, the following entry is added:
"D.  Spain
The legislation relating to invalidity insurance under the general
scheme and the special schemes."
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg,
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
Comments
The amount of invalidity pensions provided by these schemes does not depend on 
the length of insurance.
The convention with Denmark has not yet entered into force.

- 13 -
9. In Annex VI, the following is inserted:
"D. Spain
1(a) The condition either to engage in employment or self-employment, or to 
have been previously compulsorily insured for the same contingency under 
a scheme for employed or self-employed persons in the same Member State, 
provided for by Article 1(a)(iv) of the Regulation, shall not apply to 
persons who, pursuant to the provisions of Royal Decree No 2805/1979 of 
7 December 1979, have on a voluntary basis joined the general social 
security scheme in their capacity of civil servant or employee of an 
international intergovernmental organization.
(b) The provisions of Royal Decree No 2805/1979 of 7 December 1979 shall 
apply to nationals of the Member States and to refugees and stateless 
persons
(a) if they reside in Spanish territory, or
(b) if they reside in the territory of another Member State and have 
at any time in the past been compulsorily insured under the 
Spanish social security scheme, or
(c) if they reside in the territory of a non-member State and have 
paid contributions for at least 1 800 days to the Spanish social 
security scheme and have not been compulsorily or voluntarily 
insured under the legislation of another Member State.
2.For the purpose of applying the provisions of Title III of the Regulation, 
temporary invalidity benefits shall be regarded as sickness benefits."

- 14 -
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg,
I. Netherlands and J. United Kingdom become respectively E. France, F. 
Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
Comments
1. The Royal Decree of 7 December 1979 provides that Spanish nationals who 
are civil servants or employees of an international intergovernmental 
organization may join the general social security scheme on a voluntary 
basis.
The purpose of this entry in Annex VI is
1. to include persons availing themselves of this possibility in the 
scope of the Regulation;
2. to offer this possibility to nationals of the other Member States 
and to refugees and stateless persons, under certain condition^ 
as regards previous coverage by the Spanish scheme.
It is recalled that similar provisions concerning voluntary insurance 
are laid down in the Regulation in respect of Germany (Annex VI, 
entry C, paragraph 8) and Franco (Annex VI, entry D, paragraph 3).
The bilateral conventions concluded by Spain also contain similar 
provisions.
2. Spanish permanent invalidity benefits are invalidity benefits of Type A 
and shall as such be listed in Annex IV (cf. point 8 above).

- 15 -
The Spanish scheme further comprises temporary invalidity benefits that 
are granted for up to six years from the commencement of incapacity for 
work after expiry of entitlement to temporary incapacity sickness 
benefit which is granted for up to twelve monLhs, and may be extended to 
18 months, but before the payment of permanent invalidity benefits.
Taking account of the definition of temporary invalidity, which unlike 
permanent invalidity does not require the presumed definitive nature of 
the contingency and which warrants the existence of a maximum benefit 
payment period, and having regard to the fact that there is no qualifying 
period (unlike permanent invalidity benefits for which 1 800 contribution 
days during the last ten years are required), it is appropriate to 
regard temporary invaldity benefits as cash sickness benefits within the 
meaning of the Regulation and to apply the provisions of Chapter 1 and 
not of Chapter 2 of Title III, notwithstanding the relatively long 
maximum payment period.
10. In Annex VII, after point 3, the following is inserted:
"4. Where a person resident in Spain is self-employed in Spain and 
gainfully employed in any other Member State."
The present points 4 to 7 are renumbered accordingly.
Comments
Article 14c(l)(b) of Regulation No 1408/71 provides that a person who is 
employed simultaneously in the territory of one Member State and self-employed 
in the territory of another Member State is subject, in the instances referred 
to in Annex VII, to the legislation of each of these Member States, as regards 
the activity pursued in its territory.

- 16 -
II. Council Regulation (EEC) No 574/72 of 21 March 1972,  laying down the 
procedure for implementing Regulation (EEC) No 1408/71 on the appli­
cation of social security schemes to employed persons, to self-employed 
persons and to their families moving within the Community, as amended 
and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 
L 230 of 22 August 1983).
1. In Article 15 the following paragraph is added to paragraph 3:
"(c) If the person concerned is an employed person who has been subject 
to a seven-day week:
(i) one day shall be equivalent to six hours and vice versa;
(ii) seven days shall be equivalent to one week and vice versa;
(iii) thirty days shall be equivalent to one month and vice versa;
(iv) three months or 13 weeks or 90 days shall be equivalent to 
one quarter and vice versa;
(v) for the conveision 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 periods of 
insurance completed during one calendar year, a total 
exceeding 360 days or 52 weeks or 12 months or four 
quarters.
Comments
Linder Spanish labour law workers are remunerated on the basis of seven days 
per week.

- 17 -
2. In Article 85, paragraphs 1 and 3 are replaced by the following:
"1. In order to invoke the provisions of Article 72 of the Regulation, a
person shall submit to the competent institution a certified statement
specifying the periods of insurance, employment or self-employment 
completed under the legislation to which he was last subject.
3. The provisions of paragraphs 1 and 2 shall apply by analogy if, in order
to satisfy the conditions of the legislation of the competent State, it
is necessary to take into account periods of insurance, employment or 
self-employment completed previously under the legislation of any other 
Member State."
Comments
The Spanish institutions are not in a position to certify periods of employ­
ment or self-employment. They keep records on periods of insurance only.
3. In Article 120, paragraph 1 is replaced by the following:
"1. The rights referred to in Article 94(9) of the Regulation shall be those 
enjoyed by employed persons in respect of members of their families 
giving entitlement to family benefits, at the rate and within the limits 
applicable on the day preceding 1 October 1972 or on the day preceding 
the application of the Regulation in the territory of the Member State 
concerned, pursuant either to Article 41 or Annex D to Regulation No 3, 
or to Article 20 or Annex 1 to Council Regulation No 36/63/EEC of

- 18 -
2 April 1963 on social security for frontier workers1 or conventions in force 
between the Member States concerned.
■'‘OJ No 62, 20.4.1963, p. 1314/63."
Comments
For Spain, it is not the date on which the Regulation entered into force 
(1 October 1972) that is decisive for the application of the transitional 
provisions, but the date on which it becomes applicable in Spain.
Moreover, in accordance with Article 94(9) Spanish workers subject to the 
Convention concluded between Spain and France prior to Spain's accession 
should continue to receive family benefits under this Convention if they are 
higher than those provided for by Article 73(2) of the Regulation.
4. The following shall be added to Annex 1:
~ After the entry C. Germany the following is inserted:
"D. Spain
Minister of Labour and Social Security, Madrid;
- The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.

-  V) -
5. The following is added to Annex 2:
In the entry C. Germany, point 2 is amended as follows:
(1) in paragraph (a)(i) the second indent is replaced by the following 
indent:
If the person concerned is resident 
in Spain or is a Spanish national 
resident in the territory of a 
non-member State:Landesvers icherungsanstalt 
Rheinprovinz (Regional 
Insurance Office of the Rhine 
Province),  Düsseldorf"
(2) At paragraph (b)(i), the second indent is replaced by the following 
indent:
If the last contribution under the 
legislation of another Member State 
was paid to a Belgian or a Spanish 
pension insurance institution:Landesversicherungsanstalt 
Rheinprovinz (Regional 
Insurance Office of the Rhine 
Province),  Düsseldorf"
After the entry C. Germany the following is added:
"D. Spain
1. All schemes except for the scheme 
for seamen
(a) For all contingencies except Provincial directorates of the
unemployment: National Social Security
Institute
(b) for unemployment: Provincial directorates of the
National Employment Institute
2. Scheme for seamen: Social Institute for Seamen"
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, F. Greece, 
G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and K. United Kingdom.

-  20  -
6. The following is added to Annex 3:
- The following is added to the entry C. Germany:
The following replaces entry (i) of point 3(a):
"(i) dealings with Belgium and Spain: Landesversicherungsanstalt Rhein-
provinz (Regional Insurance Office 
of the Rhine Province) ,  Diisseldorf"
- After the entry C. Germany the following is inserted:
"D. Spain
1. Benefits in kind
(a) All schemes except for the scheme
for seamen Provincial directorates of the
National Health Institute
(b) Scheme for seamen Social Institute for Seamen
2. Cash benefits
(a) All schemes except for the 
scheme for seamen and all 
contingencies except for 
unemployment: Provincial directorates of the 
National Social Security Institute
(b) Scheme for seamen for all 
contingencies: Social Institute for Seamen
(c) Unemployment: Provincial directorates of the 
National Employment Institute

-  21 -
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
7. The following is added to Annex 4:
The entry C. Germany is amended as follows: 
point 3(b)(i) is replaced by the following:
"(i) Dealings with Belgium and Landesversicherungsanstalt Rhein-
Spain provinz (Regional Insurance Office
of the Rhine Province) ,  Diisseldorf"
After the entry C. Germany the following is inserted:
"D. Spain
National Social Security Institute, Madrid"
- The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
Comments
Annexes 1, 2 and 3 should be amended to include Spain among the competent 
authorities (Annex 1), the competent institutions (Annex 2), the 
institutions of the place of residence and of the place of stay (Annex 
3) and the liaison bodies (Annex 4).
8. The following is added to Annex 5:
The following is added after the entry Belgium-Germany:
"3. Belgium-Spain 
None"

-  22  -
- After the entry Denmark-Germany the following is inserted:
"12. Denmark-Spain
No convention"
- After the entry Denmark-United Kingdom" the following is inserted:
"20. Germany-Spain
II
- After the entry Germany-United Kingdom" the following are inserted:
"28. Spain-France
29. Spain-Greece 
No convention
30. Spain-Ireland 
No convention
31. Spain-Italy
32. Spain-Luxembourg
33. Spain-Netherlands
34. Spain-United Kingdom 
None"
- After the entry 3. Belgium-Spain" all present entries are renumbered 
accordingly.
Comments
As allowed by Article 5 of Regulation No 574/72, the Spanish delegation 
reserved the right to ask for the continued appicability of certain 
implementing provisions of bilateral conventions which Spain has 
concluded with Germany, France, Italy, Luxembourg and the Netherlands. 
The Spanish delegation has been invited to contact the authorities of 
these Member States.

- 23 -
9. The following is added to Annex 6:
In the entry C. Germany the word "Spain" is inserted between the words 
"Denmark" and "France" in paragraphs 1(a) and 2(a);
After the entry C. Germany the following is added:
"D. Spain 
Direct payment"
In the entry E. Greece the word "Spain" is inserted between the words 
"Germany" and "Ireland" in paragraph (b);
In the entry G. Italy the word "Spain" is inserted between the words 
"Denmark" and "France" in paragraph (a)(1)(a);
- In the entry I. Netherlands the word "Spain" is inserted between the 
words "Denmark" and "France" in paragraph 1.
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
Comments
The procedure for payment of pensions from and to Spain should be 
specified.
10. The following is added to Annex 7:
After the entry C. Germany the following is inserted:
"D. Spain
Banco Exterior de Espana (External Bank of Spain),  Madrid"
Comments
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.

- 24 - V/1379/84-EN
HS/fg
Comments
The Banco Exterior of Spain should be included in this Annex.
11. The following is added to Annex 9:
After the entry C. Germany the following is inserted:
"D. Spain
The general social security scheme shall be taken into consideration 
when calculating the average annual cost of benefits in kind.
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
Comments
The method for calculating the average annual costs of benefits in kind 
by the Spanish institutions is set out in this Annex.
12. The following is added to Annex 10:
After the entry C. Germany the following is inserted:
"D. Spain
i
1. For the purposes of applying 
Articles 6(1), 13(2) and 3,
14(1) (2) and (3), 102(2),
110 and 113(2) of the
implementing Regulation: National Social Security Institute

-  25 -
2.For the purposes of applying 
Articles 11(1), 11a, 12a,
38(1), 70(1), 80(2), 81, 82(2), 
85(2) and 86(2) of the
implementing Regulation:
(a)all schemes except for Provincial directorates ofthe
the scheme for seamen: National Social Security Institute
(b)scheme for seamen: Social Institute for seamen1II
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
The institutions and bodies designated by the Spanish competent 
authorities are specified in this Annex.
13. The following is added to Annex 11:
After the entry C. Germany the following is inserted:
"D. Spain 
None"
The entries D. France, E. Greece, F. Ireland, G. Italy, H. Luxembourg, 
I. Netherlands and J. United Kingdom become respectively E. France, 
F. Greece, G. Ireland, H. Italy, I. Luxembourg, J. Netherlands and 
K. United Kingdom.
Comments
No Spanish scheme is to be specified in this Annex.Comments

ANNEX III
Community acts
on social security for migrant workers 
requiring later technical adaptations
1. Council Regulation (EEC) No 1408/71 of 14 June 19 71 on the application 
of social security schemes to employed persons, self-employed persons 
and to members of their families moving within the Commity, as amended 
and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 
(O.J. L 230 of 22 August 1983)
The Annexes to the Regulation should be amended insofar as amendments to 
Spanish legislation, on the one hand, and/or the conclusion of an 
agreement between the competent authorities of the Member States and 
Spain on the retention of certain provisions of bilateral conventions, 
on the other hand, so require.
2. Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the 
procedure for implementing Regulation (EEC) No 1408/71 on the application 
of social security schemes to employed persons, to self-employed persons 
and to their families moving within the Community, as amended and 
updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (O.J. L 230 
of 22 August 1983)
The Annexes to the Regulation should be amended insofar as amendments to 
Spanish legislation, on the one hand, and/or the conclusion of an 
agreement between the competent authorities of the Member States and 
Spain on the retention of certain provisions of bilateral conventions, 
on the other hand, so require.