No C 47/8 Official Journal of the European Communities 19.2.85 
Proposal for a Council Regulation amending Regulation (EEC) No 1408/71 on the 
application of social security schemes to employed persons, to self-employed persons and 
to members of their families moving within the Community and Regulation (EEC) 
No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 
COM(84) 756 final 
(Submitted by the Commission to the Council on 24 January 1985) 
(85/C 47/07) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 51 and 235 thereof, 
Having regard to the proposal from the Commission, 
drawn up after consulting the Administrative 
Commission on Social Security for Migrant Workers, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas certain amendments should be made to 
Regulations (EEC) No 1408/71 ('), No 574/72 (2), as 
both last amended by Regulation (EEC) No 2001/83 
(3); whereas some of these amendments result from 
changes which have occurred in Member States' 
social security legislation, other amendments being of 
a technical nature and prompted by the experience 
gained from their implementation; 
Whereas changes in the Danish legislation concerning 
social pensions make it necessary to amend existing 
entries in Annex VI to Regulation (EEC) No 
1408/71; 
Whereas it is necessary to make provision in the said 
Annex VI for the waiving of the condition of 
residence in Denmark for the acquisition of the right 
to pension in respect of employed or self-employed 
persons or their survivors residing in a Member State 
other than Denmark and for ensuring the taking into 
account, under certain conditions, of periods of 
employment or self-employment completed in 
Denmark by an employed or self-employed person 
(») OJ No L 149, 5. 7. 1971, p. 2. 
O OJ No L 74, 27. 3. 1972, p. 1. 
C) OJ No L 230, 22. 8. 1983, p. 6. for the purposes of calculating the surviving spouse's 
pension; 
Whereas it is necessary to make provision in the said 
Annex VI enabling German institutions to reimburse 
contributions in respect of pension insurance paid by 
Greek teachers insured simultaneously in Germany 
and Greece; 
Whereas new legislation in Greece concerning 
voluntary insurance schemes requires provision to be 
made in the said Annexe VI incorporating the special 
procedure for applying this legislation and its 
conditions of eligibility to nationals of Member States 
other than Greece; 
Whereas provisions in the said Annex VI concerning 
United Kingdom legislation, which permits wives or 
former wives to substitute periods of insurance 
completed by their husbands or former husbands in 
two or more Member States for their own insurance 
record where this is more favourable, require 
amendment to take account of the extension of this 
concession in certain cases to former husbands in 
respect of the insurance periods of their former wives, 
and to correct certain inadequacies in the wording of 
the existing text; 
Whereas the interaction between United Kingdom 
legislation concerning the calculation of old-age 
pensions and the provisions of Regulation (EEC) No 
1408/71 concerning the aggregation of periods of 
insurance, employment or residence completed in 
other Member States where, after the 6 April 1975, 
those periods were completed in a Member State 
other than the United Kingdom, produces, in 
conjunction with the special procedure included in 
the said Annex VI, anomalous and inequitable results; 
Whereas it is necessary therefore to make an 
additional provision in the said Annex VI to the 
existing special procedure for applying the said 
legislation so as to correct the effects referred to; 
19.2.85 Official Journal of the European Communities No C 47/9 
Whereas the instances in which a person should be 
subject simultaneously to the legislation of two 
Member States as an exception to the general rule 
should be as limited in number and scope as possible; 
Whereas the wording of point 6 in Annex VII, which 
lists the instances in which these exceptions are to be 
permitted, concerning self-employment in Greece, is 
unnecessarily widely drawn and should be more 
specific to reflect the fact that the only scheme to 
which self-employed persons are to be compulsorily 
affiliated in Greece, whilst subject to a scheme for 
employed persons in another Member State, is a 
pension insurance scheme; 
Whereas point 6 of Annexe VII should be amended 
accordingly; 
Whereas the experience gained from implementing 
Regulations (EEC) No 1408/71 and No 574/72 has 
revealed the need to improve the provisions dealing 
with the overlapping of family benefits or family 
allowances in Regulation (EEC) No 574/72; 
Whereas the rule in Article 10 of Regulation (EEC) 
No 574/72 which provides that the right to family 
benefits arises under the legislation of the Member 
State in the territory of which the children reside 
takes effect solely where the person who exercises the 
professional or trade activity in the Member State of 
residence activating the transfer of priority is the 
spouse of the employed or formerly employed person, 
whether that spouse is himself or herself entitled to 
the benefit or not; 
Whereas those provisions have been seen to operate 
unfairly in circumstances in which the person entitled 
to the benefit and exercising the professional or trade 
activity was not or was no longer the spouse of the 
employed or formerly employed person and they 
should therefore be amended so as to correct this 
anomaly; 
Whereas it is necessary to introduce some textual 
amendments to Annexes 2, 3 and 4 to Regulation 
(EEC) No 574/72 as a result of the aforementioned 
changes in Danish legislation; 
Whereas it is necessary to amend Annex 9 to Regu­
lation (EEC) No 574/72 to take account of the 
extension of Regulations (EEC) No 1408/71 and No 
574/72 to self-employed persons for the calculation 
of the average annual cost of benefits in kind; 
Whereas it is necessary to amend Annex 10 to Regu­
lation (EEC) No 574/72 following changes in the 
designation of the competent institution for paying 
pension supplements for dependent children of 
pensioners in Germany; 
Whereas it is necessary to make provision in the said 
Annex 10 in order to specify the competent optional 
continued insurance scheme in Greece if the 
conditions for joining more than one such scheme are 
met, HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1408/71 is hereby amended as 
follows: 
1. Annex VI 
(a) In Section B, Denmark: 
(i) Point 3 is replaced by the following: 
'3. (a) The provisions of Danish legislation 
on social pensions that stipulate that 
the right to pension is subject to the 
claimant being resident in Denmark 
are not applicable in respect of 
employed or self-employed persons 
or their survivors who reside in the 
territory of a Member State other 
than Denmark; 
(b) For the purpose of calculating the 
pension, periods of employment or 
self-employment completed in 
Denmark by a frontier worker or a 
seasonal worker are regarded as 
periods of residence completed in 
Denmark by the surviving spouse in 
so far as the surviving spouse was, 
during these periods, linked to the 
frontier worker or seasonal worker 
by marriage without separation from 
bed and board or de facto separation 
on grounds of incompatibility, and 
provided that during these periods 
the spouse resided in the territory of 
another Member State; 
(c) For the purpose of calculating the 
pension, periods of employment or 
self-employment completed in 
Denmark before 1 January 1984 by 
an employed or self-employed person 
other than a frontier worker or 
seasonal worker shall be regarded as 
periods of residence completed in 
Denmark by the surviving spouse, in 
so far as the surviving spouse was, 
during these periods, linked to the 
employed or self-employed person by 
marriage without separation from bed 
and board or de facto separation on 
grounds of incompatibility, and 
provided that during these periods 
the spouse resided in the territory of 
another Member State; 
(d) Periods to be taken into account 
under the terms of (b) and (c) shall 
not be taken into consideration if 
they coincide with periods taken into 
No C 47/10 Official Journal of the European Communities 19.2.85 
account for the calculation of the 
pension due to the person concerned 
under the legislation on compulsory 
insurance of another Member State 
or with periods during which the 
person concerned received a pension 
under such legislation. These latter 
periods shall however be taken into 
consideration if the annual amount of 
the said pension is less than half the 
basic amount of the social pension.' 
(ii) Point 4 is deleted. 
(iii) At point 8 the words 'Invalidity, old-age and 
widows' pensions' are replaced by the words 
'Invalidity pensions, early pensions, old-age 
pensions and widows' pensions.' 
(iv) Points 5 to 10: are renumbered accordingly. 
(b) In Section C, Germany, the following point 16 is 
added: 
'16. Greek teachers with civil service status 
who by virtue of their employment in German 
schools have paid compulsory contributions to 
German statutory pension insurance in addition 
to contributions to the Greek special scheme for 
civil servants and who ceased to be covered by 
German compulsory insurance after 31 December 
1978 shall on application receive a contribution 
refund in respect of these compulsory contri­
butions in accordance with Article 1303 of the 
insurance code (RVO) or Article 82 of the 
clerical staff insurance law (AVG). Claims for 
contribution refunds shall be valid if made either 
within one year of the date of entry into force of 
this provision, or within two years of the date 
upon which the person applying for the refund 
ceased to be subject to compulsory insurance. 
' Article 1303 (7) of the insurance code (RVO) and 
Article 82 (7) of the clerical staff insurance law 
(AVG) shall apply only in respect of periods for 
which compulsory contributions under German 
pension insurance were paid in addition to contri­
butions to the Greek special scheme for civil 
servants and in respect of interrupted periods 
immediately following periods in which such 
compulsory contributions had been paid.' 
(c) In Section E, Greece the following point 3 is 
added: 
'3. Law No 1469/84 concerning voluntary 
affiliation to the pension insurance scheme for 
Greek nationals and foreign nationals of Greek 
origin, is applicable to nationals of other Member 
States, stateless persons and refugees residing in 
the territory of a Member State in accordance 
with the following provisions. Subject to the other conditions of this Law being 
met, contributions may be made: 
(a) where the person concerned is domiciled or 
resides in the territory of a Member State and 
has at some time in the past been 
compulsorily affiliated to the Greek pension 
insurance scheme; or 
(b) regardless of the place of domicile or 
residence, where the person concerned has 
either previously resided in Greece for ten 
years, whether consecutive or not, or has pre­
viously been subject to Greek legislation 
whether compulsorily or voluntarily for a 
period of 1 500 days.' 
(d) In Section J. United Kingdom: 
(i) Point 2 is replaced by the following: 
'2. Where, in accordance with United 
Kingdom legislation, a person may be 
entitled to a retirement pension if: 
(a) the contributions of a former spouse are 
taken into account as if they were that 
person's own contributions; or 
(b) the relevant contribution conditions are 
satisfied by that person's spouse or 
former spouse 
then provided, in each case, that the spouse 
or former spouse is or was an employed or 
self-employed person who had been subject 
to the legislation of two or more Member 
States, the provisions of Chapter 3 of Title 
III of the Regulation shall apply in order to 
determine entitlement under United 
Kingdom legislation; and references in the 
said Chapter 3 to "periods of insurance" 
shall be construed as references to periods of 
insurance completed by: 
(i) a spouse or former spouse, where a claim 
is made by a married woman, a man who 
is widowed or a person whose marriage 
has terminated otherwise than by the 
death of the spouse, or 
(ii) a former spouse, where a claim is made 
by a widow, who was not in receipt of a 
survivor's benefit immediately before 
reaching pensionable age or who is only 
in receipt of an age-related widow's 
pension calculated pursuant to Article 46 
(2) of the Regulation.' 
(ii) In point 13 the following paragraph 2 is 
inserted after paragraph (1): 
'2. For the purposes of Article 46 (2) (b) 
of the Regulation, where 
19.2.85 Official Journal of the European Communities No C 47/11 
(a) in any income tax year starting on or 
after 6 April 1975 an employed person 
had completed periods of insurance, 
employment or residence exclusively in a 
Member State other than the United 
Kingdom, and the application of 
paragraph 1 (a) (i) results in that year 
being counted as a qualifying year within 
the meaning of United Kingdom 
legislation for the purposes of Article 46 
(2) (a) of the Regulation, he shall be 
deemed to have been insured for 52 
weeks in that year in that other Member 
State; 
(b) any income tax year starting on or after 
6 April 1975 does not count as a 
qualifying year within the meaning of 
United Kingdom legislation for the 
purposes of Article 46 (2) (a) of the 
Regulation, any periods of insurance, 
employment or residence completed in 
that year shall be disregarded.', 
and the present paragraph 2 becomes 
paragraph 3. 
2. Annex VII 
Point 6 is replaced by the following: 
'6. For the pension insurance scheme for self-
employed persons: where he is self-employed in 
Greece and gainfully employed in any other 
Member State.' 
Article 2 
Regulation (EEC) No 574/72 is hereby amended as 
follows: 
1. In Article 10, paragraph 1 is replaced by the 
following: 
'1. (a) Entitlement to family benefits or family 
allowances due under the legislation of a 
Member State, according to which 
acquisition of the right to those benefits or 
allowances is not subject to conditions of 
insurance, employment or self-employment 
shall be suspended when, during the same 
period and for the same member of the 
family, benefits are due in pursuance of 
Articles 73, 74, 77 or 78 of the Regulation. 
(b) Where, however, a professional or trade 
activity is exercised or pursued in the 
territory of the said Member State by: 
(i) in the case of benefits due in pursuance 
of Articles 73 or 74 of the Regulation, 
the person entitled to the family benefits or family allowances, or the 
person to whom they are payable; then 
the right to family benefits or family 
allowances due in pursuance of those 
Articles shall be suspended and only 
those family benefits or family 
allowances of the Member State in 
whose territory the member of the 
family is residing shall be paid, the cost 
to be borne by that Member State. 
(ii) in the case of benefits due in pursuance 
of Articles 77 or 78 of the Regulation, 
the person entitled to those benefits or 
the person to whom they are payable, 
and in the case of benefits due in 
pursuance of Article 78, the person in 
respect of whom they are payable; 
where this is the case the person 
concerned shall be entitled to the 
family benefits or family allowances of 
the Member State in whose territory 
the children reside, the cost to be 
borne by that Member State, and, 
where appropriate, to benefits other 
than the family allowances referred to 
in Articles 77 or 78 of the Regulation, 
the cost to be borne by the competent 
State as defined by those Articles.' 
2. Annex 2, Section B, Denmark, is amended as 
follows: 
(a) The text of paragraph 1 (b) (i), in the left-
hand column, is replaced by the following: 
'Benefits granted under the legislation on 
social pensions'. 
(b) The text of paragraph 1 (c) (i), in the left-
hand column, is replaced by the following: 
Tensions granted under the legislation on 
social pensions'. 
3. Annex 3, Section B, Denmark, is amended as 
follows: 
The text of paragraph 1 (c) (i), in the left-hand 
column, is replaced by the following: 
Tensions granted under the legislation on social 
pensions'. 
4. Annex 4, Section B, Denmark, is amended as 
follows: 
In part I, the text of paragraph 2, in the left-hand 
column, is replaced by the following: 
Tensions and benefits provided under the 
legislation on social pensions'. 
No C 47/12 Official Journal of the 
5. Annex 9 is amended as follows: 
(a) In Section A, Belgium, the following text is 
added: 
'However, for the purposes of applying 
Articles 94 and 95 of the implementing Regu­
lation to cases in which Article 35 (2) of the 
Regulation applies, the scheme for compulsory 
health care insurance for self-employed 
persons shall be taken into consideration when 
calculating the average annual cost of benefits 
in kind.' 
(b) In Section D, France, the following text is 
added: 
'However, for the purposes of Articles 94 and 
95 of the implementing Regulation in cases 
where Article 35 (2) of the Regulation applies, 
the sickness and maternity insurance scheme 
for self-employed persons in non-agricultural 
occupations shall be taken into consideration 
when calculating the average annual cost of 
benefits in kind'. 
6. Annex Wis amended as follows: 
(a) In Section C, Germany, the text of paragraph 7 
(a), in the left-hand column, is replaced by the 
following: European Communities 19. 2. 85 
'Family allowances paid pursuant to Articles 77 
and 78 of the Regulation': 
(b) In Section E, Greece, the following paragraph 
1 is inserted: 
' 1. For the purposes of applying 
Article 6 (1) of the 
implementing Regulation: 
'I8pu|i,a, KoivcoviKcbv 
Aa(paXiaea)v (IKA) A$f|va 
(Social Insurance Institute, Athens)'; 
and paragraphs 1 to 10 are renumbered 
accordingly. 
Article 3 
1. This Regulation shall enter into force on the day 
of its publication in the Official Journal of the 
European Communities. 
2. Article 1, except for paragraph (1) (c), and 
Article 2 (2), (3) and (4) shall apply with effect from 
1 January 1984. 
3. Article 1 (1) (c) shall apply with effect from 1 
January 1985. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.