16. 11. 88 Official Journal of the European Communities No C 292/7 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) 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(88) 538 final 
(Submitted by the Commission to the Council on 18 October 1988) 
(88/C 292/06) 
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 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas there are grounds for making the necessary 
adaptations to Council Regulations (EEC) No 1408/71 
and (EEC) No 574/72, in the updated version of Regu­
lation (EEC) No 2001/83 ('), as last amended by Regu­
lation (EEC) No 3811/86 (2); whereas some of these 
amendments are related to changes which the Member 
States have made to their legislation in respect of social 
security, other amendments are of a more technical 
nature and are intended to perfect the abovementioned 
Regulations on the basis of the experience gained in the 
implementation thereof; 
Whereas the signing of the agreement of 30 November 
1979 concerning the social security of Rhine boatmen 
calls for an amendment to be made to Article 7 (2) (a) of 
Regulation (EEC) No 1408/71; 
Whereas a provision should be introduced permitting a 
Member State whose legislation provides for the pro­
longation, by certain facts or circumstances, of a 
reference period preceding the occurrence of the risks 
(') OJ No L 230, 22. 8. 1983, p. 6. 
(2) OJ No L 355, 16. 12. 1986, p. 5. insured against during which a minimum period of 
insurance was fulfilled, for the recognition of the right to 
a benefit, to take account of similar facts or circum­
stances occurring in another Member State for the 
aforementioned prolongation; 
Whereas a provision should be included in Article 33 of 
Regulation (EEC) No 1408/71 for the purpose of 
clarifying the implementation of that Article in the 
cases mentioned in Article 28a of the aforementioned 
Regulation; 
Whereas the experience gained in implementing Article 
57 of Regulation (EEC) No 1408/71 has revealed a 
loophole in the case where the conditions of none of the 
national legislations, under which a professional or trade 
activity likely to cause an occupational disease other than 
sclerogenic pneumoconiosis was being pursued, have 
been satisfied; whereas this loophole should be remedied 
by extending the scope of Article 57 (3) (a) and (b) to all 
occupational diseases; whereas it is consequently 
necessary to amend the text of Article 60 (1) (c) and (2) 
and of Article 94 (8) of the abovementioned Regulation; 
Whereas it seems necessary, following the judgment of 
the Court of Justice in Case 377/85 (Burchell), to make 
certain amendments to the text of Articles 76 and 79 of 
Regulation (EEC) No 1408/71, for the purpose of the 
implementation of the Community provisions against 
overlapping also in the case where a benefit referred to 
in Chapters 7 and 8 of the aforesaid Regulation is due in 
application only of national legislation; 
Whereas national provisions concerning the protection of 
personal data cannot hinder the implementation of 
Regulations (EEC) No 1408/71 and (EEC) No 574/72; 
whereas a provision should be included in Regulation 
(EEC) No 1408/71 for the purpose of determining the 
legislation applicable in the case of the communication of 
these data to authorities or institutions of another 
Member State; 
No C 292/8 Official Journal of the European Communities 16. 11. 88 
Whereas the heading 'E. FRANCE' of Part II of Annex II 
to Regulation (EEC) No 1408/71 should be adapted as a 
consequence of an amendment to French legislation; 
Whereas a provision of an agreement concluded between 
Portugal and the United Kingdom should be included in 
Annex III; 
Whereas it has been found that the text of point 6 under 
the heading 'A. BELGIUM' in Annex VI is incomplete as 
far as the objectives pursued are concerned; whereas 
consequently textual amendments are called for; 
Whereas what is laid down in Item 1 of heading 'F. 
GREECE' in Annex VI should be deleted since this 
provision no longer has any purpose following the 
extension of the Regulations to self-employed persons; 
Whereas the amendments made to Netherlands legis­
lation concerning insurance for medical expenses, inva­
lidity insurance , and old-age insurance call for 
amendments to Annex VI; 
Whereas the extensive implementation by Ireland and the 
United Kingdom of the provisions of Article 69 of Regu­
lation (EEC) No 1408/71 call for the inclusion of a 
provision in Annex VI of that Regulation; 
Whereas it is necessary to insert a provision in Article 3 
of Regulation (EEC) No 574/72 permitting the direct 
notification of- decisions and of other documents 
emanating from an institution of a Member State to 
persons residing on the territory of another Member 
State; 
Whereas the same reasons which justify the amendments 
to Articles 76 and 79 of Regulation (EEC) No 1408/71,' 
also call for an amendment to Article 10 of Regulation 
(EEC) No 574/72; 
Whereas it is necessary to amend certain provisions of 
Regulation (EEC) No 574/72 in order to take account 
of amendments made by this Regulation to Article 57 of 
Regulation (EEC) No 1408/71; 
Whereas it is necessary to make certain amendments to 
Annex 2 to Regulation (EEC) No 574/72 because of the 
changes in the designation of the competent institution 
for pensions in respect of old age and of death in 
Belgium, for unemployment in Denmark and for family 
benefits in Greece and Luxembourg and also to the 
designation of the competent institution for unem­
ployment and occupational diseases in the Netherlands; 
Whereas it is necessary to make certain amendments to 
Annexes 3 and 4 of Regulation (EEC) No 574/72 for 
the purpose of taking account of changes made in the 
designation of the institution of the place of residence in Belgium, of the place of residence and of the place of 
stay in Greece, Luxembourg and the Netherlands and of 
the designation of the liaison body in Belgium, Denmark 
and Germany; 
Whereas it is necessary to amend certain provisions of 
Annex 5 to Regulation (EEC) No 574/72 for the 
purpose of taking account of the agreements concluded 
between Member States under Article 36 (3) of Regu­
lation (EEC) No 1408/71; 
Whereas it is necessary to amend Annex 5 to Regulation 
(EEC) No 574/72 as a result of a change in the 
procedure in Germany in respect of the payment of 
benefits; 
Whereas it is necessary to amend Annex 10 to Regu­
lation (EEC) No 574/72 for the purpose of taking 
account of changes made in the designation of the 
institutions and bodies designated by the competent 
authorities in Denmark, Germany, France, Luxembourg 
and the Netherlands; 
Whereas it is necessary to delete the heading 'E. 
FRANCE' from Annex 11 to Regulation (EEC) No 
574/72 following changes made in the legislation of that 
Member State concerning the scheme for self-employed 
persons, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1408/71 is hereby amended as 
follows: 
1. Article 7 (2) (a) is replaced by the following: 
'(a) The provisions of the Agreements of 27 July 
1950 and 30 November 1979 concerning social 
security for Rhine boatmen;' 
2. After Article 9, a new Article 9a is inserted as 
follows: 
'Article 9a 
Prolongation of the period of reference 
Where, under the legislation of a Member State, 
recognition of entitlement to a benefit is conditional 
upon completion of a minimum period of insurance 
during a specific period preceding the contingency 
insured against (period of reference) and where the 
aforementioned legislation provides that the periods 
during which the benefits have been granted under 
the legislation of that Member State or periods 
devoted to the upbringing of children in the territory 
of that Member State shall give rise to prolongation 
of the period of reference, periods during which 
invalidity pensions or old-age pensions or sickness 
benefits, unemployment benefits or benefits for 
accidents at work (except for pensions) have been 
awarded under the legislation of another Member 
State and periods devoted to the upbringing of 
16. 11. 88 Official Journal of the European Communities No C 292/9 
children in the territory of another Member State 
shall likewise give rise to prolongation of the 
aforesaid period of reference.' 
3. In Article 33 the present paragraph becomes 
paragraph 1 and a new paragraph 2 is added, 
worded as follows: 
'2. Where, in the cases referred to in Article 28a, 
the acquisition of benefits in respect of sickness and 
maternity is subject to the payment of contributions 
and similar payments under the legislation of a 
Member State in whose territory the pensioner in 
question resides, by virtue of having his place of 
residence in that Member State, these contributions 
shall not be payable.' 
4. Article 57 is replaced by the following: 
'Article 37 
Benefits for an occupational disease where the person 
concerned has been exposed to the same risk in several 
Member States 
1. When a person who has contracted an occupa­
tional disease has, under the legislation of two or 
more Member States, pursued an activity which by 
its very nature is likely to cause that disease, the 
benefits that he or his survivors may claim shall be 
awarded exclusively under the legislation of the last 
of those States whose conditions are satisfied, taking 
into account, where appropriate, the provisions of 
paragraphs 2 to 5. 
2. If under the legislation of a Member State the 
granting of benefits in respect of an occupational 
disease is subject to the condition that the disease in 
question was first diagnosed within its territory, such 
condition shall be deemed to be satisfied if the 
disease was first diagnosed in the territory of 
another Member State. 
3. If under the legislation of a Member State the 
granting of benefits in respect of an occupational 
disease is subject to the condition that the disease in 
question was diagnosed within a specific time limit 
following cessation of the last activity which was 
likely to cause such a disease, the competent 
institution of that State, when checking the time at 
which such activity was pursued, shall take into 
account, to the extent necessary, similar activities 
pursued under the legislation of any other Member 
State, as if they had been pursued under the legis­
lation of the first State. 
4. If under the legislation of a Member State the 
granting of benefits in respect of an occupational 
disease is subject to the condition that the activity 
likely to cause the disease in question was pursued 
for a certain length of time, the competent 
institution of that State shall take into account, to the extent necessary, periods during which such 
activity was pursued under the legislation of any 
other Member State, as if it had been pursued under 
the legislation of the first State. 
5. In cases of sclerogenic pneumoconiosis, the 
cost of cash benefits including pensions shall be 
divided between the competent institutions of the 
Member States in whose territory the person 
concerned pursued an activity likely to cause the 
disease. This division shall be carried out on the 
basis of the ratio which the length of the periods of 
old-age insurance or residence referred to in Article 
45 (1) completed under the legislation of each of the 
States bears to the total length of the periods of 
old-age insurance or residence completed under the 
legislation of all the States at the dates on which the 
benefits commenced. 
6. The Council shall determine unanimously, on a 
proposal from the Commission, the occupational 
diseases to which the provisions of paragraph 5 shall 
be extended.' 
5. In Article 60: 
(i) in paragraph 1 (c), the words 'of Article 57 (4)' 
are replaced by the words 'of Article 57 (6)'. 
(ii) in the third line of paragraph 2 the words 'of 
Article 57 (3) (c)' are replaced by the words 'of 
Article 57 (5)' and in the fourth line of 
paragraph 2 (b) the words 'of Article 57 (3) (c)' 
are replaced by the words 'of Article 57 (5)'. 
6. In Article 76: 
(i) in the second line of the title the following 
phrase: 'only of the national legislation or' is 
inserted after the words 'in pursuance'; 
(ii) the following phrase: 'due only under the 
national legislation or' is inserted after the word 
'allowances' at the end of the first line of the 
text of the Article. 
7. In paragraph 3 of Article 79, the following phrase: 
'only under the national legislation or' is inserted 
after the word 'due' in the first line of the text. 
8. The following new paragraph 5 is added to Article 
84: 
'5. (a) Where, under this Regulation or under the 
implementing Regulation referred to in 
Article 98, the authorities or institutions of a 
Member State communicate personal data to 
the authorities or institutions of another 
Member State, that communication shall be 
subject to the legal provisions governing 
protection of data laid down by the Member 
State providing the data. Any subsequent 
No C 292/10 Official Journal of the European Communities 16. 11. 88 
transmission as well as the storage, alteration 
and destruction of the data shall be subject to 
the provisions of the legislation on data 
protection of the receiving Member State. 
(b) The use of personal data for purposes other 
than those of social security shall be subject 
to the approval of the person concerned or in 
accordance with other guarantees provided 
for by the national legislation.' 
9. In the second line of Article 94 (8) the words 'Article 
57 (3) (c) shall apply to' are replaced by the words 
'Article 57 (5) shall apply to'. 
10. In section II of Annex II, the text under heading 'E. 
FRANCE' is replaced by the following: 
'Allowance for young children, not subject to 
conditions in respect of a means test.' 
11. In Annex III, section A of heading '66. PORTUGAL/ 
UNITED KINGDOM' is amended as follows: 
(i) the present text becomes item (a) 
(ii) the following item is added: 
'(b) As regards Portuguese employed persons 
and for the period provided for in Article 
220 (1) of the Act relating to the conditions 
of accession of the Kingdom of Spain and 
the Portuguese Republic and the 
adjustments to the Treaties: Article 26 of 
the Social Security Convention of 15 
November 1978, as amended by an 
exchange of letters of 28 September 1987'. 
12. Annex VI is amended as follows: 
(a) Under the heading 'A. BELGIUM' Item 6 is 
replaced by the following: 
'6. In order to establish whether the 
requirements imposed by Belgian legislation for 
entitlement to unemployment benefits are 
fulfilled account shall be taken only of days of 
paid employment; account shall be taken of days 
accepted as equivalent within the meaning of the 
said legislation only in so far as the days worked 
which preceded them were days of paid 
employment.' 
(b) Under the heading 'F. GREECE': 
(i) Section 1 is deleted 
(ii) Sections 2 and 3 become sections 1 and 2 
respectively. (c) Under the heading 'G. IRELAND': the following 
section is added after section 8: 
'9. An unemployed person returning to 
Ireland at the end of the period of three months 
for which he continued to receive benefits under 
the legislation of Ireland in application of Article 
69 (1) of the Regulation shall be entitled to 
apply for unemployment benefits by way of 
derogation from Article 69 (2) if he satisfies the 
conditions laid down in the aforementioned 
legislation.' 
(d) Under the heading 'J. NETHERLANDS': 
(i) Section 1 is replaced by the following: 
'1. Insurance for medical expenses 
(a) As regards entitlement to benefits in 
kind under Netherlands legislation, 
persons entitled to benefits in kind 
shall mean persons who are insured 
or coinsured under the insurance 
scheme covered by the Netherlands 
law on sickness insurance funds for 
the purpose of the implementation 
of Chapter 1 of Title III. 
(b) A person receiving an old-age 
pension under Netherlands legis­
lation and a pension under the legis­
lation of another Member State 
shall, for the purposes of Article 27, 
be considered to be entitled to 
benefits in kind if, at the time at 
which the aforementioned Article is 
applicable to him, he satisfies the 
conditions required for admission to 
standard insurance as referred to in 
Article 2 (1) of the Law on 
admission to insurance for medical 
expenses. 
(c) For the purposes of Articles 27 to 34 
of the Regulation, the following 
pensions shall be treated as pensions 
payable under the legal provisions 
mentioned in subparagraphs (b) 
(invalidity) on (c) (old age) of the 
declaration of the Kingdom of the 
Netherlands under Article 5 of the 
Regulation: 
— pensions awarded under the Law 
of 6 January 1966 (Staatsblad 6) 
on a new ruling in respect of 
civil servants and their survivors 
(Netherlands Civil Service Pen­
sions Act) (Algemene burgerlijke 
pensioenwet); 
16. 11. 88 Official Journal of the European Communities No C 292/11 
— pensions awarded under the Law 
of 6 October 1966 (Staatsblad 
445) on a new ruling in respect 
of pensions for military person­
nel and their survivors (Military 
Pensions Act) (Algemene mili-
taire pensioenwet); 
'— pensions awarded under the Law 
of 15 February 1967 (Staatsblad 
138) on a new ruling in respect 
of pensions for employees of the 
N.V. Nederlandse Spoorwegen 
(Netherlands Railway Company) 
and their survivors (Railway 
Pensions Act) (Spoorwegpen-
sioenwet); 
— pensions awarded under the 
Regulation governing conditions 
of employment of the 
Netherlands Railway Company 
(Reglement Dienstvoorwaarden 
Nederlandse Spoorwegen) (RDV 
1964 NS); or 
— benefits awarded to persons on 
reaching the pensionable age of 
65 years pursuant to a pension 
scheme, the object of which is to 
provide care and assistance for 
employed persons and former 
employed persons in their old 
age.' 
(ii) the text of Item 2 is replaced by the 
following: 
'2. Application of Netherlands legislation 
on general old-age insurance (Toe-
passing van de Nederlandse Ouder-
domswet) (AOW). 
(a) The reduction referred to in Article 
13(1) of the AOW shall not be 
applied for calendar years or parts 
thereof before 1 January 1957 
during which a recipient, not 
satisfying the conditions permitting 
him to have such years treated as 
periods of insurance, resided in the 
territory of the Netherlands between 
the age of 15 years and 65 years, or 
during which, whilst residing in the 
territory of another Member State, 
he pursued an activity as an 
employed person in the Netherlands 
for an employer established in that 
country. 
By way of derogation from the 
provisions of Article 7 of the AOW, 
persons who resided or worked in 
accordance with the abovemen-
tioned conditions only prior to 
1 January 1957 shall also be 
regarded as being entitled to a 
pension. (b) The reduction referred to in Article 
13(1) of the AOW shall likewise not 
be applied to calendar years or parts 
thereof before 1 April 1985 during 
which a married woman or a woman 
who had been previously married 
between the ages of 15 years and 65 
years, residing in a Member State 
other than the Netherlands was not 
insured under the abovementioned 
law in so far as the calendar years or 
parts thereof coincide with periods 
of insurance completed by her 
husband under that legislation or 
with calendar years parts thereof as 
referred to in (a). 
By way of derogation from the 
provisions of Article 7 of the AOW, 
the said woman shall be considered 
as being entitled to a pension. 
(c) The reduction referred to in Article 
13 (2) of the AOW shall not be 
applied in respect of calendar years 
or parts thereof before 1 January 
1957 during which the spouse of the 
pensioner, not satisfying the 
conditions permitting him to have 
these years treated as periods of 
insurance, resided in the territory of 
the Netherlands between the ages of 
15 years and 65 years, or during 
which, whilst residing in the 
territory of another Member State, 
he pursued an activity as an 
employed person in the Netherlands 
for an employer established in that 
country. 
(d) Neither shall the reduction referred 
to in Article 13 (2) of the AOW be 
applicable to calendar years or parts 
thereof before 1 April 1985 during 
which the spouse of the pensioner 
resided in a Member State other 
than the Netherlands between the 
ages of 15 years and 65 years and 
was not insured under the 
abovementioned legislation, in so far 
as the calendar years or parts 
thereof coincide with periods of 
insurance completed by her husband 
under that legislation or with 
calendar years or parts thereof as 
referred to in (a). 
No C 292/12 Official Journal of the European Communities 16. 11. 88 
(e) The provisions referred to in (a), (b), 
(c) and (d) shall be applied only if the 
person concerned has resided for six 
years in the territory of one or more 
Member States after the age of 59 
years and for as long as that person is 
residing in the territory of one of 
these Member States. 
(f) By way of derogation from the 
provisions of Article 45 (1) of the 
Netherlands legislation on general 
insurance • for widows and orphans 
(Algemene Weduwen- en Wezen-
wet) (AWW), the spouse of an 
employed person or of a self-
employed person covered by a 
compulsory insurance scheme, re­
siding in a Member State other than 
the Netherlands, shall be authorized 
to take out voluntary insurance under 
these legislations but only for the 
periods after 1 April 1985 during 
which the employed person or self-
employed person was compulsorily 
insured under the abovementioned 
legislation. This authorization ceases 
on the date of termination of the 
compulsory insurance of the 
employed person or self-employed 
person. 
The aforementioned authorization 
shall not cease, however, where the 
compulsory insurance of the 
employed person or the self-
employed person is terminated as a 
result of his death and where his 
widow receives only a pension under 
the Netherlands legislation on 
general insurance for widows and 
orphans. 
In any event, the authorization in 
respect of voluntary insurance ceases 
on the date on which the voluntarily 
insured person reaches the age of 65 
years. 
The contribution which has to be paid 
for the aforementioned voluntary 
insurance shall be determined for the 
spouse of an employed person or of a 
self-employed person who is compul­
sorily insured under the Netherlands 
legislation on general old-age 
insurance (AOW) and the 
Netherlands legislation on general 
insurance for widows and orphans 
(AWW) in accordance with the 
provisions relating to the determi­
nation of the contribution for 
compulsory insurance, subject to the 
condition that his/her income shall be 
deemed to have been received in the 
Netherlands. 
For the spouse of an employed person 
or of a self-employed person who was compulsorily insured on or after 1 
April 1985, the contribution shall be 
determined in accordance with the 
provisions relating to the determi­
nation of the contribution for 
voluntary insurance under the 
Netherlands legislation on general 
old-age insurance and the 
Netherlands legislation on general 
insurance for widows and orphans. 
(g) The authorization referred to in (f) 
shall be granted only if the spouse of 
an employed person or of a self-
employed person has informed the 
Sociale Verzekeringsbank (Social 
Insurance Bank) not later than one 
year after commencement of his/her 
compulsory insurance of the intention 
to take out voluntary insurance. 
For the spouse of an employed person 
or of a self-employed person who was 
compulsorily insured immediately 
prior to or on 1 April 1985, or was 
compulsorily insured between that 
date and the date of entry into force 
of the Regulation amending this 
Annex, the period of one year shall 
commence on the date of entry into 
force of that Regulation. 
(h) The provisions referred to in (a), (b), 
(c) and (d) shall not be applicable to 
periods coinciding with periods 
which may be taken into account for 
the calculation of pension rights 
under the legislation governing 
old-age pensions in a Member State 
other than the Netherlands, or for 
periods during which the person 
concerned received a pension under 
such legislation.' 
(iii) The following paragraph is added to Item 4: 
'(c) F°r tne calculation of the Netherlands 
invalidity benefit in application of Article 
40 (1) of the Regulation, the 
Netherlands institutions shall not take 
account of any supplements to be 
awarded under the provisions of the Law 
on supplements. Entitlement to the 
supplement and its amount shall be 
calculated exclusively on the basis of the 
said Law.' 
(e) The following item shall be inserted after Item 15 
in the heading 'L. UNITED KINGDOM': 
'16. An unemployed person returning to the 
United Kingdom at the end of the period of three 
months during which he continued to receive 
benefits under the legislation of the United 
Kingdom pursuant to Article 69 (1) of the Regu­
lation, shall continue to be entitled to unem­
ployment benefits by way of derogation from the 
provisions of Article 69 (2) if he satisfies the 
conditions laid down in the aforementioned legis­
lation.' 
16. 11. 88 Official Journal of the European Communities No C 292/13 
Article 2 
Regulation (EEC) No 574/72 is hereby amended as follows: 
1. The following paragraph 3 is added to Article 3: 
'3. Decisions and other documents emanating from an institution of a Member State 
and intended for persons residing or staying on the territory of another Member State may 
be communicated directly by registered letter with acknowledgment of receipt.' 
2. In Article 10: 
(i) the words 'only under the national legislation or' are inserted in the penultimate line of 
paragraph 1 (a) after the words 'benefits are due'. 
(ii) the words 'only under the national legislation or' are inserted in the first and the fifth 
lines of paragraph (b) (i) after the word 'due' and 
the words 'only under the national legislation or' are inserted in the first and fifth lines 
of paragraph (b) (ii) after the word 'due'. 
3. In the sixth and seventh line of Article 67 (3), the words 'taking into account the provisions 
of Articles 57 (2) and 57 (3) (a) and (b)' are replaced by the words 'taking into account 
Article 57 (2), (3) and (4)'. 
4. In the second, third and fourth lines of Article 68 (2), the words 'taking into account the 
provisions of Article 57 (2) and (3) (a) and (b)' are replaced by the words 'taking into 
account the provisions of Article 57 (2), (3) and (4)'. 
5. The introductory sentence of Article 69 is replaced by the following: 'The following rules 
shall apply for the implementation of Article 57 (5) of the Regulation'. 
6. Annex 2 is amended as follows: 
(a) Under heading 'A. BELGIUM' the words 'National Pension Office for Employed 
Persons, Brussels' in point 3 are replaced by the words 'National Pension Office, 
Brussels'. 
(b) Under heading 'B. DENMARK', the present address in point (f) is replaced by the 
following: 
'Direktoratet for Arbejdsleshedsforsikringen (National Office for Insurance against 
Unemployment), Copenhagen'. 
(c) Under heading 'F. GREECE' the following text is added to point 5: 
'(in) for mariners Seamen's home, Piraeus'. 
(d) Under heading 'I. LUXEMBOURG' point 5 is replaced by the following: 
'5. Family benefits National Family Benefits Fund, Luxembourg'. 
No C 292/14 Official Journal of the European Communities 16. 11. 88 
(e) Under heading 'J. NETHERLANDS': 
(i) Point 4 is amended as follows: 
'4. Unemployment (Professional and Trade Association) with which the 
insured person's employer is insured'. 
(ii) Point 6 is amended as follows: 
— In the second and third lines of the text in the left-hand column, 'Article 57 
(3)' and 'Article 57 (3) (c)' are replaced by 'Article 57 (5)'. 
— In point (b) the present text in the right-hand column is replaced by: 
'Nieuwe Algemene Bedrifsvereniging (New General Professional and Trade 
Association), Amsterdam'. 
7. Annex 3 is amended as follows: 
(a) Under heading 'A. BELGIUM' the text of the first four lines of the right-hand column 
of point 3 of section I is replaced by the following: 
'Office national des pensions, Bruxelles — Rijksdienst voor pensioenen, Brussel — 
(National Pension Office, Brussels)'. 
(b) Under heading 'C. GERMANY'. 
(i) point (c) of section I is deleted; 
(ii) the word 'Bonn' in the right-hand column of point (b) of section 2 is replaced by 
the words 'St. Augustin'. 
(c) Under heading 'F. GREECE', point 3 is deleted. 
(d) Under heading 'I. LUXEMBOURG', point 5 is replaced by the following: 
'5. Family benefits Caisse nationale des prestations familiales (National Fund 
for Family Benefits), Luxembourg'. 
(e) Under heading 'J. NETHERLANDS': 
(1) Point 4 is amended as follows: 
'4. Unemployment New General Professional and Trade Association, 
Amsterdam'. 
8. Annex 4 is amended as follows: 
, (a) In section 3 of heading 'A. BELGIUM': 
(i) the text of the first four lines in the right-hand column of point (a) is replaced by 
the following: 
'Office national des pensions, Bruxelles — Rijkedienst voor pensionen, Brussel — 
(National Pension Office, Brussels)'; 
(ii) the text of the right-hand column of point (b) is replaced by the following: 
'Office national des pensions, Bruxelles — Rijkedienst voor pensioenen, Brussel — 
(National Pension Office, Brussels)'. 
(b) Under heading 'B. DENMARK', the text in the right-hand column of section 8 is 
replaced by the following: 
'Direktoratet for Arbejdeloshedsforsikringen (National Office for Insurance against 
Unemployment), Copenhagen'. 
(c) Under heading 'C. GERMANY', the word 'Bonn' in the right-hand column of point 2 is 
replaced by the words 'St. Augustin'. 
16. 11. 88 Official Journal of the European Communities No C 292/15 
9. Annex 5 is amended as follows: 
(a) The following item is added under heading '7. BELGIUM — ITALY': 
'(e) The exchange of letters of 13 November 1985 and of 29 January 1986 concerning 
advance payments in respect of reciprocal claims under Article 93 of the 
Implementing Regulation.' 
(b) Under heading '9. BELGIUM — THE NETHERLANDS', the text of point (c) is replaced 
by the following: 
'(c) Agreement of 24 December 1980 on sickness insurance (health care), as amended'. 
(c) Under heading '26. GERMANY — ITALY' the text in point (a) is replaced by the 
following text: 
'(a) Article 14, Article 17 (1), Articles 18 and 42, Article 45 (1) and Article 46 of the 
Administrative Arrangement of 6 December 1953 relating to the application of the 
Agreement of 5 May 1953 (payment of pensions).' 
(d) The text of heading '41. FRANCE — IIALY— is amended as follows: 
(i) the present text becomes point (a); 
(ii) the following point (b) is added: 
'(b) Exchange of letters of 14 February and 18 March 1986 concerning advance 
payments in respect of reciprocal claims under Article 93 of the Implementing 
Regulation.' 
(e) Heading '54. IRELAND — THE NETHERLANDS' is amended as follows: 
(i) the present text becomes point (a), 
(ii) the following point (b) is added: 
'(b) Exchange of letters of 22 April and 27 July 1987 concerning Article 70 (3) of 
the Regulation (waiving of costs of reimbursement in respect of benefits 
awarded in application of Article 69 of the Regulation) and Article 105 (2) of 
the Implementing Regulation (waiving of the reimbursement of the costs of 
administrative checks and medical examinations referred to in Article 105 of 
the Implementing Regulation).' 
(f) Heading '64. NETHERLANDS — PORTUGAL' is amended as follows: 
(i) the present text becomes point (a); 
(ii) the following point (b) is added: 
'The agreement of 11 December 1987 concerning the reimbursement of benefits in 
kind in the case of sickness and maternity.' 
(g) Under heading '65. NETHERLANDS — UNITED KINGDOM': 
(i) point (c) is deleted; 
(ii) point (d) becomes point (c); 
(iii) the following point is added: 
'(d) The exchange of letters of 25 April and 26 May 1986 concerning Article 36 
(3) of the Regulation (reimbursement or waiving of reimbursement of the 
costs of benefits in kind).' 
No C 292/16 Official Journal of the European Communities 16. 11. 88 
10. Annex 6 is amended as follows: 
Under heading *C. GERMANY': 
(i) the text of point (a) in section 1 is replaced by the following: 
'(a) Dealings with Belgium, Denmark, Spain, Greece, France, Ireland, Italy, 
Luxembourg, Portugal and the United Kingdom: direct payment'; 
(ii) the text of point (b) is deleted; 
(iii) point (c) becomes point (b). 
11. Annex 10 is amended as follows: 
(a) Under heading 'B. DENMARK', the text in the right-hand column of points 5, 6 (b) and 
7 (b) is replaced by the following: 
'Direktoratet for Arbejdsloshedsforsikringen (National Office for Insurance against 
Unemployment), Copenhagen'. 
(b) Under heading 'C. GERMANY', the word 'Bonn' at the end of the text in points 8 (a) 
and~9 (b) (ii) is replaced by the words 'St. Augustin'. 
(c) Under heading 'E. FRANCE', the words 'ministere de PAgriculture (Ministry of Agri­
culture), Paris' in point 5 (ii) are replaced by the following: 
'Direction Regionale de l'Agriculture et de la Foret (Regional Directorate of Agri­
culture and Forestry) — Service regional de l'Inspection du Travail, de PEmploi et de 
la Politique Sociale Agricoles (Regional Department of Inspection of Labour, 
Employment and Agricultural Social Policy), Paris.' 
(d) Under heading 'I. LUXEMBOURG' 
(i) The text of point (b) in point 7 is replaced by the following: 
'Family benefits Caisse nationale des prestations familiales (National 
Family Benefits Fund), Luxembourg'. 
(ii) The text of (d) in point 8 in the right-hand column is replaced by the following: 
'Caisse nationale des prestations familiales (National Family Benefits Fund), 
Luxembourg'. 
(e) Under heading 'J. NETHERLANDS', the words 'Articles 11 (1), 11a (1)' in the first and 
second lines of the left-hand column are replaced by the following: 'Articles 11 (1) and 
(2) and 11a (1) and (2). 
12. Annex 11 is amended as follows: 
(i) heading 'E. FRANCE' is deleted 
(ii) headings F, G, H, I, J, K and L become E, F, G, H, I, J and K respectively. 
16. 11. 88 Official Journal of the European Communities No C 292/17 
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 (1) shall apply with effect from 1 December 1987. 
3. Article 1 (2) shall apply with effect from 1 January 1984. 
4. Article 1 (11) shall apply with effect from 22 October 1987. 
5. Article 1 (12) (b) shall apply with effect from 1 July 1982. 
6. Article 1(12) (d) (i) shall apply with effect from 1 April 1986. 
7. Article 1(12) (d) (ii) shall apply with effect from 1 April 1985. 
8. Article 2 (6) (a), (7) (a) and (8) (a) shall apply with effect from 1 April 1987. 
9. Article 2 (6) (d), (7) (d) and (11) (d) shall apply with effect from 1 January 1987. 
10. Article 2 (6) (e) (i), (ii) 11 and (7) (e) shall apply with effect from 1 January 1987. 
11. Article 2 (9) (a), (b), (d), (e), (f) and (g) shall apply with effect from the date of entry into 
force of the agreements included therein. 
12. Article 2 (9) (c) and (10) shall apply with effect from 1 September 1988. 
13. Article 2 (11) (e) shall apply with effect from 1 January 1988. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.