COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 528 final 
Brussels, 13 December 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) N° 1408/71 
or. 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) N° 574/72 laying down 
the procedure for implementing Regulation (EEC) N° 1408/71 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
of the Proposal for a Regulation (EEC) of the Council amending 
Regulation (EEC) N* 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) 
N* 574/2 laying down the procedure for implementing Regulation (EEC) 
N* 1408/71 
I. BACKGROUND 
Article 51 of the EEC Treaty makes it Incumbent on the Council 
to adopt such measures in the field of social security as are 
necessary to provide freedom of movement for workers by 
establishing a system encompassing 
- aggregation of periods of insurance, employment or residence; 
- payment of benefits throughout the territory of the Community. 
On this basis and in conjunction with Articles 2 and 7 of the Treaty, 
Council Regulations Nos 3 and 4 on social security for migrant workers 
i 
were adopted, subsequently replaced by Regulations (EEC) No 1408/71 
and (EEC) N° 574/722. 
(1) Council Regulation (EEC) N* 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 (0J L 149 
of 5 July 1971) 
(2) Council Regulation (EEC) N° 574/72 of 21 March 1972 laying down the 
procedure for implementing Regulation (EEC) N* 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 
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The scope of these two Regulations was subsequently extended to 
self-employed persons on the basis of Articles 2, 7, 51 and 235 of 
the Treaty . 
The recourse to the aforementioned Article 235 was due to the fact 
that there were no provisions in the Treaty making it possible for 
the Council to adopt coordinating rules for social security in 
respect of this category of workers although there was felt to be 
a need for taking action in this domain. However, certain 
particular rules on unemployment and family benefits continued to 
be non-applicable to self-employed persons. 
The Treaty does not make provision for removing the obstacles inherent 
in social security to the establishment of freedom of movement for 
persons who are not workers or members of their families. 
Coordination of social security schemes covering these persons is 
therefore indispensable in the context of the social dimension of the 
internal market and a People's Europe. 
The European Single Act provides, in Article 8a designed to supplement 
the provisions of the Treaty, for the establishment of an internal market 
comprising an area without internal frontiers within which the free 
movement of persons is guaranteed. 
(3) Council Regulation (EEC) N° 1390/81 of 12 May 1981 extending to 
self-employed persons and members of their families Regulation 
(EEC) N* 1408/71 on the application of social security schemes to 
employed persons and their families moving within the Community; 
Council Regulation (EEC) N° 3795/81 of 8 December 1981 extending to 
self-employed persons and members of their families Regulation 
(EEC) N° 574/72 
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Three Directive of 1990 (4) based on the aforementioned Article 8 A 
make provision for a generalized right of stay for all Community 
nationals within the territory of the Member States. 
The Community Charter of Basic Social Rights for Workers has strengthened 
these principles by stressing the right to social protection. 
The Commission's work programme for 1991 expressly provides for the 
extension of Regulations Nos 1408/71 and 574/72 on social security. 
In the light of the new context within which the coordinating rules 
must be placed, this extension should go in two directions: 
it should include special schemes for civil servants, currently 
excluded from the scope of the Regulations pursuant to Article 4(4) 
of Regulation (EEC) N° 1408/71; 
it should enable coordination of schemes applicable to all persons 
not yet covered by the Regulations in so far as they are insured 
in a Member State. 
In-depth discussions concerning, in particular, the characteristics 
of special schemes for civil servants and the specific 
position of students have been held within the Administrative 
Commission on Social Security for Migrant Workers. The aim has been to 
extend the provisions of Regulations (EEC) Nos 1408/71 and 574/72 
to all insured persons. 
(4) Council Directive N* 90/365/EEC of 28 June 1990 on the right of residence, 
for employees and self-employed persons who have ceased their occupational 
activity (0J N* L 180 of 13 July 1990). Council Directive N" 90/364/EEC of 
28 June 1990 on the right of residence (0J N* L 180 of 13 July 1990). Council 
Directive N* 90/366/EEC of 28 June 1990 on the right of residence for 
students (0J N* L 180 of 13 July 1990). 
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On the basis of these deliberations the Commission has drawn up this 
proposal for a Regulation. 
II. LEGAL BASIS 
The attached proposal for a Regulation is designed to adapt certain 
provisions of Regulations Nos 1408/71 and 574/72 to make thea 
applicable to all insured persons. 
Consequently, it is based on the same provisions of the Treaty 
as those on the basis of which these Regulations were adopted, 
namely Articles 2, 7, 51 and 235 of the Treaty, as it appears 
necessary to take action in the field of social security in order 
to attain the Community objective to establish freedom of movement 
for persons and since the Treaty does not make provision for the 
necessary powers. 
III. GENERAL REMARKS 
The general objective being to extend the Regulations applicable to 
employed and self-employed persons to all insured persons, the 
proposal changes none of the rules currently in force for workers 
and members of their families but seeks to supplement these 
provisions. 
For reasons of equity and simplification it is proposed to apply, 
wherever possible, to persons not yet covered the same, or analogous, 
rules as those provided for for employed and self-employed persons 
and members of their families. 
The proposal is therefore to extend the Community coordinating 
rules to all insured persons, in particular to students and 
non-employed persons. 
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Provision is therefore , made for these persons to benefit from the 
following: 
(a) equality of treatment with nationals under the domestic 
legislation of the Member States; 
(b) determination of the legislation applicable, except for 
students whose position, both provisional and basically 
variable, makes it possible only to provide for special rules 
on the grant of benefits; 
(c) aggregation of insurance, employment or residence periods for 
the acquisition of the right to benefits; 
(d) application, by analogy, of special rules on the grant of 
benefits, where possible; 
(e) export of invalidity, old age and"survivors' pensions and 
pensions for accidents at work throughout Community territory, 
subject to certain conditions and exceptions. 
The title of the Regulations has been amended in that the reference 
to employed and self-employed persons ana members of their 
families has been replaced by a reference to "persons". 
The proposal provides for the inclusion of special schemes for 
civil servants and persons treated as such and of non-employed persons, 
With regard to special schemes for civil servants and persons 
treated as such, from a strictly legal standpoint, the Commission 
has taken account of the case law of the Court of Justice 
concerning Article 48(4) of the Treaty. 
In line with this case law the Commission has taken the view that 
in principle all special schemes for civil servants should be 
included in the scope of the Regulations, except in the case of 
participation in pubkic authority. 
The Commission, conscious of the problems inherent in this approach, 
is however prepared to make any adaptations necessary at 
administrative level and in the same context to examine in depth 
all the components for solutions that would be submitted to it. 
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The Chapter on unemployment has been extended in its entirety to 
self-employed persons and also to school-leavers looking for work. 
The general, miscellaneous, transitional and final provisions of 
the Regulations have likewise been extended to all persons 
covered. 
IV. SPECIFIC REMARKS 
Article 1 
Amendments to Regulation (EEC) N° 1408/71 
1. Amendment of the title of the Regulation. 
The amendment proposed takes account of the fact coordination 
is extended to all insured persons and no longer only to workers 
and members of their families. 
2. Addition of a subparagraph (c)(a) and amendment of subparagraph 
(j) of Article 1. 
The new subparagraph (c)(a) gives a definition of "student". It 
expressly excludes students who are also workers or members of a 
worker's family. This definition helps to clearly delimit this 
important new category of persons covered. 
The amended subparagraph (j) refers to the new Article 4(2)(a) 
provided for in the proposal: the aim is to extend the definition 
of "legislation" to legislations concerning special schemes for 
civil servants and persons treated as such. 
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3. Amendment of Article 2 
The scope of the Regulation should henceforth comprise 
- employed and self-employed persons, civil servants and persons 
treated as such, students, and members of their families and 
their survivors (paragraphs 1 and 2); 
- pensioners and the other categories hereinafter referred to 
as "non-employed persons" (paragraph 3). 
This is a fundamental amendment in that it enables an extension of the 
applicability of the provisions of the Regulation to all persons 
insured in a Member State. The new categories thus covered are 
students, members of their families and their survivors, and 
non-employed persons who are neither members of a worker's or a 
student's family nor pensioners. Also covered are members of 
civil servants' families, who were not previously covered. 
4. Introduction of paragraph 2(a) and amendment of paragraph 4 of 
Article 4. 
Paragraph 2(a) is intended to supplement the general provision of 
paragraph 2. It provides that special schemes for civil servants 
and persons treated as such and special schemes covering the 
non-employed are included in the Regulation, account being taken, 
where appropriate, of certain rules of application and certain 
exceptions that must be specified in the Annexes. 
Some of these schemes have specific features that make the 
straightforward application of the coordinating rules difficult. 
The Commission does not exclude the possibility of revising the 
provisions relating to special schemes for civil servants and persons 
treated as such in order to take account of the special features of 
national legislation^ in observance of Community law. 
The reference in Article 4(4) to special schemes for civil 
servants and persons treated as such, previously excluded under 
this provision, has been deleted. 
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5. Amendment of Article 10(2) 
Since this provision should concern all insured persons.,the words 
"as an employed or self-employed person" should be deleted. 
6. Amendment of Article 13(2)(f) 
The new wording of this provision, broader than the old wording, 
encompasses the situation provided for in subparagraph (f) currently 
in force, namely the situation in which the person concerned ceases 
to be subject to a legislation without another legislation becoming 
applicable to him. It covers the category of non-employed persons 
in its entirety, including pensioners, subject in principle to the 
legislation of the country of residence. It was deemed that the 
concept of residence could not apply to students, whose position 
is extremely changeable. Students are therefore expressly excluded, 
with the consequence that no Community rule makes provision for 
determining the legislation applicable to them. However, students 
are entitled to receive benefits in accordance with the special 
rules laid down in the following provisions of the Regulation. 
7. Amendment of Article 22(3) 
A sentence has been added between the first and second existing ones 
in order to enable members of workers* families studying in a 
Member State other than the one where they are insured to receive 
in all cases medical treatment in the territory of the Member State 
where they are studying, even if such treatment is not immediately 
required. 
8. Amendment of Article 25(1) and (2) 
A sentence has been added at the end of paragraph 1 to extend 
coverage to persons newly registered as looking for employment, 
a category covered by the new Article 71b, who go to a Member State 
other than the competent State in "search of employment. 
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Paragraph 2, like Article 71(1)(a)(ii) and the first sentence of 
(b)(ii) to which it refers, is extended to self-employed persons. 
9. Addition of a Section 5a to Chapter 1 of Title III 
This new section lays down special rules for the grant of sickness 
and maternity benefits to persons subject to a special scheme for 
civil servants and persons treated as such, students and 
non-employed persons. 
10. Introduction of a new Article 34a 
This new Article is intended to ëpply by analogy all the provisions 
of the Chapter on Sickness and Maternity to persons subject to a 
special scheme for civil servants and persons treated as such. 
11. Introduction of a new Article 34b 
This new Article provides for the application by analogy to students 
and to members of their families of all the existing rules likely to 
concern them (paragraph 1) and specific provisions to cover cases 
in which a student is pursuing his studies or vocational training in 
a State other than the competent State where he is insured before 
his departure (paragraph 2). 
12. Introduction of a new Article 34c 
Under this new Article the existing rules likely to concern 
non-employed persons are made applicable to them by analogy. 
13. Amendment of Article 35(3) 
This amendment extends this provision to all persons to whom the 
Regulation applies, replacing the reference to "employed or self-
employed persons" and "members of their families" by "persons 
to whom this Regulation is applicable". 
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14. Addition of a Section 5 to Chapter 2 of Title III 
This section extends coverage by the provisions of the Chapter 
on Invalidity to persons subject to a special scheme for 
civil servants and persons treated as such, students and 
non-employed persons. 
15. Introduction of a new Article 43a 
The provisions of the preceding sections of this Chapter are 
made applicable by analogy to persons subject to a special scheme 
for civil servants and persons treated as such (paragraph 1). This new 
Article further lays down specific rules for the taking into account of periods 
completed by these persons under a general or special scheme 
of another Member State (paragraphs 2 arr.d 3), for which purpose it 
is necessary to determine under what conditions these periods must 
be taken into account for the acquisition of the right to benefits. 
16. Introduction of a new Article 43b 
The provisions of the preceding sections of the Chapter are made 
applicable by analogy to students and non-employed persons. 
17. Addition of a Section 1 "Employed and self-employed persons" and 
a Section 2 "Persons other than those referred to in Section 1" 
to Chapter 3 of Title III. 
Section 2 is designed to extend the provisions of 
Section 1 of the Chapter on "Old age and death (pensions)" to 
persons subject to a special scheme for civil servants and 
persons treated as such, to students and to non-employed persons. 
18. Introduction of a new Article 51a 
The provisions of Section 1 of the Chapter are made applicable by 
analogy to persons subject to a special scheme for civil servants and 
persons treated as such (paragraph 1). This new Article further lays down 
specific rules for the taking into account of periods completed 
by these persons under a general or special scheme (paragraphs 
2 and 3). 
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19. Introduction of a new Article 51b 
The preceding provisions of Section 1 are made applicable by 
analogy to students and non-employed persons. 
20. Addition of a Section 5 to Chapter 4 to Title III 
This section is intended to extend the provisions of the Chapter on 
"Accidents at work and occupational diseases" to persons subject to 
a special scheme for civil servants and persons treated as such 
ard to students. Non-employed persons are obviously not concerned 
by accidents at work and occupational diseases. Students, however, 
may be so concerned in the course of vocational training. 
21. Introduction of a new Article 63a 
The preceding provisions of the Chapter are made applicable by analogy 
to persons submitted to a special scheme for civil servants and 
persons treated as such. 
22. Introduction of a new Article 63b 
The preceding provisions of the Chapter are made applicable by analogy 
to students. 
23. Addition of a Section 1 on "Employed and self-employed persons" and 
a Section 2 "Persons other than those referred to in Section 1" to 
Chapter 5 of Title III. 
The new Section 2 extends applicability of the provisions of 
Section 1 of the Chapter on "Death grants" to persons subject to 
a special scheme for civil servants and persons treated as such, 
to students and to non-employed persons. 
24. Introduction of a new Article 66a 
The provisions of Section 1 of the Chapter are made applicable by 
analogy to persons subject to a special scheme for civil servants 
and persons treated as such. 
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25. Introduction of a new Article 66b 
Section 1 of the Chapter is made applicable by analogy to students 
and non-employed persons. 
26. Amendment of paragraphs 1 to 4 of Article 67 
The provisions relating to unemployment are extended to self-employed 
persons. 
27. Amendment of Article 7K1) 
This provision is extended to non-employed persons. 
28. Addition of a Section 4 to Chapter 6 
This new Section makes the provisions of the Chapter applicable on 
the one hand to persons subject to a special scheme for civil servants 
and persons treated as such and on the other hand to persons newly 
registered as seeking work. 
29. Introduction of a new Article 71a 
The Chapter is made applicable by analogy to persons subject to a 
special scheme for civil servants and persons treated as such. 
30. introduction of a new Article 71b 
The Chapter is made applicable by analogy to persons newly registered 
as seeking work within the limits of coordination, (i.e. in so far as 
the national legislation provides for unemployed benefits for this 
category of unemployed persons). To the extent that benefits are 
provided for by the legislation of one or more Member States it is 
logical that these unemployed persons who have never worked should, 
in the framework of coordination extended to all persons, benefit 
from the same rules as unemployed workers. 
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31. Amendment of Article 72 
This Article is amended to make provision also for the aggregation 
of residence periods for the acquisition of the right to family 
benefits for the persons concerned. 
32. Amendment of Article 72a 
Article 71(1) henceforth applies also to self-employed persons and 
this provision relating to family benefits, which refers to it, 
should therefore be amended accordingly. 
33. Amendment of Article 74 
The words "An unemployed person who was formerly employed or 
self-employed" are replaced by "An unemployed person"; the fact 
is that the unemployed person may be one who has never worked 
before, i.e. if he has registered for the first time as seeking 
employment as referred to in Article 71b. 
34. Introduction of a new Article 76a 
The provisions of the Chapter on "Family benefits" are made 
applicable by analogy to persons subject to a special scheme 
for civil servants and persons treated as such. 
35. Introduction of a new Article 76b 
This new Article makes provision for the aggregation of periods 
for students and non-employed persons. Moreover, Member States 
who so wish may still provide for the "export" of family benefits 
(i.e. the grant of these benefits in cases where the members of 
the family reside in the territory of a Member State other than 
the competent State) in their domestic legislation. 
36. Introduction of a new Article 79a 
The appropriate provisions of Chapter 8 are made applicable by analogy 
to an orphan of a person subject to a special scheme for civil servants 
and persons treated as such in order to grant family benefits to this 
category. 
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,7 Amendment of the names of the Administrative Commission on Social Security 
for Migrant Workers and the Advisory Committee on Social Security for 
Migrant Workers 
This is because the new version relates not only to migrant workers 
but to all insured persons. The new names are more closely in line with 
the responsibilities of these two bodies. 
38. Introduction of a new Article 95a 
This new Article lays down transitional provisions designed to protect 
the persons to whom the proposal relates and to prevent them from losing 
rights as a result of the entry into force of the Regulation. 
39. Amendment of Annex II 
A section 3 is added to enable the Member States to specify their 
conditions for applying schemes to students. A section 4 is added to 
enable the Member States to indicate the conditions for applying the 
schemes referred to in Article 4(2)(a) and, in some exceptional cases, 
to indicate their exclusion-
40. Amendment of Annex VI 
Under the heading "E. France" a provision is added specifying the 
recognized or contracted establishments referred to in Article 1(c)(a) 
of the Regulation, defining the term "student".. 
Under the heading "L. United Kingdom" a provision is added laying 
down the conditions under which a person may be regarded as a 
student since there are no recognized or contracted establishments 
in the United Kingdom and as consequently the definition of the 
term "student" laid down in Article 1(c)(a) of the Regulation cannot 
apply as it stands. 
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41. Addition of a new Annex X 
This Annex enables the Member States to specify the procedures for 
applying the provisions on pensions to non-employed persons. The 
fact is that some benefits are closely linked with residence in 
the national territory and would be difficult to export. 
Article 2 
Amendments to Regulation (EEC) N° 574/72 
1. Amendment of the title of Regulation (EEC) N* 574/72 
This amendment is necessary as the scope of the Regulation no longer 
covers only employed and self-employed persons .and members of their 
families but all insured persons. 
2. Article 4 of Regulation (EEC) N* 574/72 
This Article must be amended in order to specify the new provisions 
in Annex 3 relating to the determination of the institutions of the 
place of study or vocational training. 
3. Article 8 of Regulation (EEC) N* 574/72 
The words "employed or self-employed-person" and "members of their 
families" have been replaced by "the person concerned" in paragraphs 
1 and 2 as this more generic wording makes it possible, where 
necessary, to encompass other categories- Paragraph 3, 
referring to Article 14c of Regulation (EEC) N' 1408/71, therefore 
exclusively concerns cases of the pursuit of an occupation, and 
does not need to be amended. 
4. Article 8a of Regulation (EEC) N° 574/72 
Here, again, a more general wording ("the person concerned") should 
make it possible to encompass all persons covered, in the case of 
overlapping of rights referred to in this provision. 
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5. Article 10 of Regulation (EEC) N° 574/72 
The heading above this Article must be amended: deletion of the 
words "employed or self-employed persons" makes it possible to apply 
this provision to all the other categories likely to be 
concerned. 
6. Article 10a of Regulation (EEC) N° 574/72 
Since Chapter 7 on "Family benefits" of Regulation (EEC) N° 574/72 
has been extended to persons subject to a special scheme for civil 
servants and persons treated as such and, to some extent, to students 
and non-employed persons, it is logical that these categories of 
persons be covered in cases where they have been successively 
subject to the legislation of several Member States during the same 
period or part of a period. 
7. Article 10b of Regulation (EEC) N* 574/72 
This Article has been deleted. Its purpose was to implement 
Article 13(2)(f) of the Regulation determining the legislation 
applicable to persons ceasing to be subject to the legislation 
of a Member State. 
However, Article 13(2)(f) has been replaced by a new, wider 
provision encompassing the specific situation specified above, 
determining the legislation applicable to all non-employed persons. 
The latter are now subject to the legislation of the country of 
residence as soon as they cease to pursue an occupation. This new 
rule does not require an implementing provision. 
8. Article 16 of Regulation (EEC) N* 574/72 
This Article must be adapted to take account of the new categories 
of persons covered by Regulation (EEC) N° 1408/71 as regards 
sickness and maternity. 
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9. Article 17 of Regulation (EEC) N° 574/72 
Since the provisions of Article 19 of Regulation (EEC) N° 1408/71 
are applicable by analogy to persons subject to a special scheme 
for civil servants and persons treated as such, this Article should 
be amended accordingly: wherever the words "employed or 
self-employed persons" appear, the aforementioned should be expressly 
specified. 
A paragraph 10 is added to cover members of students' families to 
whom the provisions of Article 19(2) of Regulation (EEC) N* 1408/71 
are applicable by analogy and to cover students as referred to in 
Article 34b(2) of the Regulation. 
10. Article 18 of Regulation (EEC) N° 574/72 
Paragraph 1 is amended so as to extend this Article to persons subject 
to a special scheme for civil servants and persons treated as such. 
A paragraph 10 is added to cover students as referred to in 
Article 34b(2) of the Regulation. 
11. Article 21 of Regulation (EEC) N° 574/72 
The proposed amendment covers the new categories of persons concerned 
(persons subject to a special scheme for civil servants and persons 
treated as such, students, and non-employed persons) in respect of 
sickness and maternity during a stay in a Member State other than 
the competent State. 
12. Article 22 of Regulation (EEC) N° 574/72 
The proposed amendments are intended to afford sickness and maternity 
protection (benefits in kind) for persons subject to a special scheme 
for civil servants and persons treated as such in the event of a 
transfer of residence or return to the country of residence,and for 
all the new categories of persons now covered when they are 
authorized to go to another Member State for treatment. 
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13. Article 24 of Regulation (EEC) N' 574/72 
The proposed amendments enable the grant of cash sickness and maternity 
benefits to the new categories of persons now covered during a stay ir. 
a Member State other than the competent State., 
14. Article 25 of Regulation (EEC) N* 574/72 
This provision requires amendment to enable the taking ir.to account 
of members of the families of persons subject to a special scheme 
for civil servants and persons treated as such and members of 
students' families. 
15. Article 35 of Regulation (EEC) N* 574/72 
This Article should be adapted to enable the submission of invalidity 
benefit claims by persons subject to a special scheme for civil 
servants and persons treated as such, by stuoents, and by non-employed 
persons. 
16. Article 36 of Regulation (EEC) N* 574/72 
This Article should also be adapted to enable the submission of 
claims for old-age, survivors' and invalidity benefits as referred to 
in Chapter 3 of Regulation (EEC) N* 1408/71 by persons subject to 
a special scheme for civil servants and persons treated as such, 
by students and by non-employed persons. 
17. Article 37 of Regulation (EEC) N* 574/72 
These amendments are necessary to ensure that the new categories of 
persons now covered provide the appropriate documents. 
18. Article 39 of Regulation (EEC) N' 574/72 
This Article relates to the provisions of Chapter 2 of 
Regulation (EEC) N# 1408/71 and should therefore be adapted as 
a result of the inclusion of the new categories of persons in 
that Chapter. 
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19. Article 42 of Regulation (EEC) N° 574/72 
This amendment is necessary for the investigation of benefit claims lodged 
by persons in one of the new categories covered.. 
20. Article 43 of Regulation (EEC) N° 574/72 
This amendment is required to enable the institutions concerned 
to follow the appropriate procedure, including in cases where 
a claim is submitted by a person coming under one of the new 
categories. 
21. Article 44 of Regulation (EEC) N° 574/72 
. This Article should be adapted to determine the institution 
responsible for taking the decision relating to the state of 
invalidity in the case of the new categories of persons now covered. 
22. Article 50 of Regulation (EEC) N° 574/72 
This amendment enables the application, of measures expediting the 
award of benefits in the case of the new categories of persons. 
23. Article 60 of Regulation (EEC) N° 574/72 
The proposed amendments are intended to provide for the procedure 
to be followed for the grant of benefits in kind for accidents at 
work and occupational diseases where the person subject to a 
special scheme for civil servants and persons treated as such or 
the student concerned resides in a Member State other than the 
competent State. In this connection it: should be noted that it 
becomes possible to determine the country of residence of a student 
when he sustains an accident at work or contracts an occupational 
disease immobilizing him in the territory of a Member State. 
This observation is valid both for the corresponding provisions of 
Regulation (EEC) N° 1408/71 and for the following provisions of the 
implementing Regulation. 
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24. Article 61 of Regulation (EEC) N° 574/72 
The aim of the proposed amendments is to make provision for the 
procedure to be followed for the grant of cash benefits for accidents 
at work and occupational diseases where the person subject to a special 
scheme for civil servants and persons treated as such or the student 
resides in a Member State other than the competent State. 
25. Article 63 of Regulation (EEC) N° 574/72 
This Article should be adapted to provide for procedures for the grant 
of cash benefits for accidents at work and occupational diseases where 
the person subject to a special scheme for civil servants and persons 
treated as such or the student transfers his residence or returns to the 
country of residence or is authorized to go to another Member State for 
treatment. 
26. Article 64 of Regulation (EEC) N° 574/72 
This Article should also be adapted to provide for procedures for the 
grant of cash benefits for accidents at work and occupational diseases 
other than pensions where the person subject to a special scheme for 
civil servants and persons treated as such or the student stays in a 
Member State other than the competent State. 
27. Article 66 of Regulation (EEC) N° 574/72 
The proposed amendment is necessary to extend coverage by this Article 
on disputes concerning the occupational nature of an accident or disease 
to persons subject to a special scheme for civil servants and persons 
treated as such and to students. 
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28. Amendment of the title of Chapter 5 on death grants 
Reference is now made to Articles 66a and 66b of Regulation (EEC) 
N° 1408/71 which cover all the new categories now included (persons 
subject.to a special scheme for civil servants and persons treated as 
such,, students, and non-employed persons). 
29. Article 80 of Regulation (EEC) N° 574/72 
This Article should be adapted to extend coverage of its provisions on 
unemployment to self-employed persons and persons subject to a special 
scheme for civil servants and persons treated as such and, where 
appropriate, to persons newly registered as looking for work. 
30. Article 84 of Regulation (EEC) N° 574/72 
The procedure for granting unemployment benefits should be extended 
to self-employed persons and persons subject to a special scheme 
for civil servants and persons treated as such who during their last 
employment resided in a Member State other than the competent State. 
31. Article 85 of Regulation (EEC) N° 574/72 
The formalities for granting family benefits should also cover 
self-employed persons (as a result of the adoption of Regulation 
(EEC) N° 3427/89), persons subject to a special scheme for civil 
servants and persons treated as such, and to a certain extent 
non-employed persons and students. 
32. Article 86 of Regulation (EEC) N° 574/72 
The formalities laid down for the grant of family benefits where the 
children reside in a Member State other than the competent State should 
be extended to self-employed persons and to persons subject to a 
special scheme for civil servants and persons treated as such. 
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33. Article 88 of Regulation (EEC) N° 574/72 
This Article refers to Article 74 which has been amended. Account 
must therefore be taken of this amendment by using the words 
"unemployed person" instead of "unemployed person who was formerly 
employed or self-employed". 
34. Amendment of the title above Article 90 of Regulation 
(EEC) N° 574/72 
A reference to the new Article 79a of Regulation (EEC) N° 1408/71 
should be added. 
35. Article 90 of Regulation (EEC) N° 574/72 
This Article should be revised to enable claimants to fulfil the 
necessary formalities when claiming family benefits for orphans 
of persons subject to a special scheme for civil servants and person 
treated as such. 
36. Article 91 of Regulation (EEC) N° 574/72 
Similarly, the application of these provisions should for the 
payment of benefits logically be extended to orphans of 
persons subject to a special scheme for civil servants and persons 
treated as such. 
37. Article 92 of Regulation (EEC) N° 574/72 
Any change in the situation that is likely to alter the entitlement to 
family benefits of orphans of persons subject to a special scheme for 
civil servants and persons treated as such should be notified under 
the same conditions as for orphans of persons already covered. 
38. Article 94 of Regulation (EEC) N° 574/72 
This amendment enables refunds between institutions of the cost of sickness and 
maternity benefits in kind where members of the families of persons 
subject to a special scheme for civil servants and persons treated as 
such or members of students' families reside ina Member State other 
than the person concerned. 
- 24 -
39. Amendment of Annex 3 to Regulation (EEC) N° 574/72 
In order to cover cases of students studying in a Member State other 
than the competent State, Annex 3 should, in addition to the institutions 
of the place of residence and stay, list the institutions of the place 
where the person concerned is studying or pursuing vocational training. 

- 25 -
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) N° 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) N" 574/72 laying down 
the procedure for implementing Regulation (EEC) N° 1408/71 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Articles 2, 7, 51 and 235 thereof; 
Having regard to the Community Charter of Basic Social Rights 
for Workers; 
(1) Having regard to the proposal from the Commission , drawn up after 
consultation with the Administrative Commission on Social Security for 
Migrant Workers; 
Having regard to the opinion of the European Parliament (2); 
(1) OJ N° C 
(2) OJ N° C 
- 26 -
Having regard to the opinion of the Economic and Social Committee ; 
Whereas Article 3(c) of the Treaty lays down that the activities of the 
Community shall include, as provided in the Treaty, the abolition, as 
between Member States, of obstacles to freedom of movement for persons; 
Whereas Article 8a of the Treaty provides that the internal market shall 
be established by 31 December 1992; that the internal market shall comprise 
an area without internal frontiers in which the free movement of goods, persons, 
services and capital is ensured in accordance with the provisions of the 
Treaty; 
Whereas with a view to establishing the free movement of employed and 
self-employed persons and removing the obstacles that would in the field 
of social security resultfrom the application of national legislations only, 
the Council, on the basis of Articles 2, 7, 51 and 235 of the Treaty, has 
adopted Regulation (EEC) N° 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) N8 574/72 
laying down the procedure for implementing Regulation (EEC) N" 1408/71, 
(4) as last amended by Regulation (EEC) N° 2195/91 , introducing rules for 
coordinating social security schemes applicable to employed and 
self-employed persons; 
Whereas the free movement of persons, which is one of the foundations of the 
Community, is not confined to employed and self-employed persons but should 
concern all insured persons in the context of the social dimension of the 
internal market; 
Whereas, moreover, the scope of the Regulation should be extended to include, 
in principle, the special schemes for civil servants and persons treated as 
such and the special schemes covering non-employed persons; 
(3) OJ N° C 
(4) OJ N° L 206 of 29 July 1991, p. 2 
- 27 -
Whereas the coordination of social security schemes applicable to these 
persons is necessary to attain one of the objectives of the Community; 
whereas the Treaty does not provide for the necessary powers; 
Whereas in the domain of social security the application of national 
legislations alone does not afford sufficient protection for persons moving 
within the Community; whereas in order to make the free movement of persons 
fully effective the social security schemes applicable to them should be 
coordinated; 
Whereas for reasons of equity the same rules as those provided for for 
employed and self-employed persons should to the largest extent possible 
be applied to persons not yet covered; whereas these rules, for the 
sake of simplicity and clarity, should supplement the provisions already 
in force for employed and self-employed persons and members of their 
families; 
Whereas it is necessary to make the adaptations to Regulations (EEC) No 1408/71 
and (EEC) N° 574/72 that are necessary for the application to persons moving 
within the Community of the provisions of the said Regulations, taking account 
of the specific nature of the situation of these persons, 0f the special 
features of the schemes with which they are insured/and of the benefits to 
which they are entitled; 
Whereas the adaptations to be made to the enacting terms of Regulations (EEC) 
N° 1408/71 and (EEC) N° 574/72 require adaptation of some of their Annexes; 
Whereas, in particular, it is necessary to specify in an Annex the conditions 
for the application of certain special schemes; whereas it is necessary, 
moreover, to provide a new Annex laying down the special rules for applying 
the Community provisions on pensions to non-employed persons, 
- 28 -
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) N° 1408/71 is hereby amended as follows 
The title is replaced by the following: 
"Regulation (EEC) N° 1408/71 on the application of social security 
schemes to persons moving within the Community." 
Article 1 is amended as follows: 
(a) After subparagraph (c), the following subparagraph (c)(a) 
is added: 
"Student" means any person, other than an employed or 
self-employed person or a member of his family who is 
validly enrolled in an establishment recognized or 
approved by the national authorities of a Member State 
to pursue studies or vocational training there, and is 
insured under a special social security scheme applicable 
to students under the conditions specified in Annex II." 
(b) At the end of the first sentence of subparagraph (j) the 
words "Article 4(1) and (2)" shall be replaced by 
"Article 4(1), (2) and (2)(a)". 
- 29 -
3. Article 2 is replaced by the following: 
"(1) This Regulation shall apply to employed or self-employed 
persons, civil servants and persons who, under the 
legislation applicable, are treated as such, and to 
students, who are or have been subject to the legislation 
of one or more Member States and who are nationals of 
one of the Member States or who are stateless persons or 
refugees residing within the territory of one of the 
Member States, as well as to the members of their families 
and their survivors. 
(2)s This Regulation shall apply to the survivors of employed or 
self-employed persons, of civil servants and persons treated as such, 
and of students, who have been subject to the legislation of one or 
more Member States, irrespective of the nationality of such persons, 
where their survivors are nationals of one of the Member States, or 
stateless persons or refugees residing within the territory of ore of 
the Member States. 
(3): In addition, this Regulation shall apply to persons not 
referred to in paragraphs 1 and 2 of this Article, provided that 
these persons are or have been subject to the legislation of one or 
more Member States and are nationals of one of the Member States, 
or stateless persons or refugees residing within the territory of one 
of the Member States." 
4. In Article 4 
(a) The following paragraph 2(a) is added between paragraph 2 
and paragraph 3: 
"This Regulation shall apply to special social security schemes for 
civil servants and persons treated as such and to special schemes 
for the categories of persons other than employed or self-employed 
persons, taking account of the conditions and exceptions specified 
in Annex II." 
(b) In paragraph 4 the words ", or to special schemes for civil 
servants and persons treated as such." are deleted. 
30 -
5. In Article 10(2) the words "as an employed or self-employed person" 
are deleted. 
6. Article 13 is amended as follows. 
In paragraph 2, subparagraph (f) is replaced by the following: 
"A person other than a student to whom the legislation of a Member State 
is not applicable in accordance with one of the rules laid down in the 
preceding subparagraphs or with one of the exceptions or special rules 
laid down in Articles 14 to 17a shall be subject to the legislation of 
the Member State in whose territory he resides." 
7. Article 22 is amended as follows: 
In paragraph 3 the following sentence is added after the first sentence: 
"However, the immediate necessity of treatment shall not be required in 
the case of members of the family staying in a Member State other than 
the competent State to pursue studies or vocational training there." 
The word "However" at the start of the next sentence is replaced by 
"Moreover". 
8. Article 25 is amended as follows: 
(a) At the end of paragraph 1 the following sentence is added: 
"The provisions of this paragraph shall apply by analogy 
to persons as referred to in Article 71b to whom the provisions 
of Article 69(1) apply." 
(b) In paragraph 2 the words "or self-employed" are added after the 
word "employed". 
- 31 -
9. In Chapter 1 of Title III a Section 5a is added between Section 5 and 
Section 6. The title is as follows: 
"Persons other than those referred to in Sections 2 to 5" 
1C. This new Section includes a new Article 34a, worded as follows: 
"Civil servants and persons treated as such, and members of their 
families 
The provisions of Sections 2 to 7 shall apply by analogy 
to persons satisfying the conditions of a special scheme for 
civil servants and persons treated as such, taking account, 
where appropriate, of the provisions of Article 18, and to 
members of their families." 
11. This Section also includes a new Article 34b, worded as follows: 
"Students and members of their families 
"(1) The provisions of Articles 18, 19(2), 22(1)(a)and (c), the 
second sentence of (2), (3), 23 and 24 shall apply by analogy 
to students and to members of their families, as appropriate. 
(2) A student pursuing his studies or vocational training in a 
Member State other than the competent State who satisfies the 
conditions laid down by the legislation of the latter State 
for entitlement to benefits, taking account, where appropriate, 
of the provisions of Article 18, shall, while in the territory 
of the Member State where he is studying, receive 
(a) the benefits in kind provided, on behalf of the competent 
institution, by the institution of the place where he is 
studying or pursuing vocational training,in accordance with 
the provisions of the legislation which it administers, 
as though he were insured with it; 
- 32 -
(b) the cash benefits provided by the competent institution in 
accordance with the legislation which it administers." 
12. It includes an Article 34c, worded as follows* 
"Other persons 
The provisions of Articles 18, 22(1)(a) and (c), the second sentence of (2), 
the first sentence of (3), and 24 shall apply by analogy to the persons 
referred to in Article 2(3)." 
13. Article 35 is amended as follows: 
In paragraph 3 the words "shall apply neither to employed or 
self-employed persons nor to the members of their families" are 
replaced by "shall not apply to persons". 
14. In Chapter 2 of Title III, a new Section 5 is added. The title is 
as follows: 
"Persons other than those referred to in Sections 1 to 3" 
15. This new Section includes an Article 43a, worded as follows: 
"Civil servants and persons treated as such 
1. The provisions of Articles 37, 38(1), 39 and of Sections 2, 
3 and 4 shall apply by analogy to persons satisfying the 
conditions of a special scheme for civil servants and persons 
treated as such. 
- 33 -
2. However, where the legislation of a Member State makes the 
grant of certain benefits conditional on the insurance periods 
having been completed solely under a special scheme for civil 
servants and persons treated as such, periods completed 
under the legislation of other Member States shall be taken 
into account for the grant of these benefits only if they were 
completed under a corresponding scheme. If, account being 
taken of the periods thus completed, the person concerned does 
not satisfy the qualifying conditions for the said benefits, 
these periods shall be taken into account for the grant of 
benefits under the general scheme or, failing this, under the 
scheme applicable to manual or clerical workers, as 
appropriate. 
3. For the acquisition, retention and recovery of the right to 
benefits within the meaning Article 38(1), the institution 
of a Member State administering a scheme that is not a 
special scheme for civil servants and persons treated as such 
shall take into account all periods completed under the 
legislation of any Member State, irrespective of whether 
they were completed under a general or a special scheme, 
applicable to civil servants and persons treated as such." 
16. It also includes a new Article 43b, worded as follows: 
"Other persons 
The provisions of Sections 1 to 4 shall apply by analogy to students 
and to persons as referred to in Article 2(3), subject to the 
special procedures laid down in Annex X." 
17. Chapter 3 of Title III is amended as follows: 
(a) A Section 1 is introduced, entitled "Employed and self-employed persons", 
comprising Articles 44 to 51. 
(b) A Section 2 is introduced, entitled "Persons other than those 
referred to in Section 1" 
- 34 -
18. Section 2 of Chapter 3 includes an Article 51a, worded as follows: 
"Civil servants and persons treatecj as such 
1- The provisions of Articles 44, 45(1), (4) and (7), 46, 47, 
48, 49, 50 and 51 shall apply by analogy to persons satisfying 
the conditions of a special scheme for civil servants and persons 
treated as such. 
2. However, where the legislation of a Member State makes the grant 
of certain benefits conditional on the insurance periods having 
been completed solely under a special scheme for civil servants 
and persons treated as such, periods completed under the 
legislations other Member States shall be taken into account 
for the grant of these benefits only if they were completed under 
a corresponding scheme. If, taking account of the periods thus 
completed, the person concerned does not satisfy the qualifying 
conditions for the said benefits, these periods shall be taken 
into account for the grant of the benefits of the general scheme 
or, failing this, of the scheme applicable to manual or clerical 
workers, as appropriate. 
3. For the acquisition, retention and recovery of the right to 
benefits within the meaning of Article 45(1), the institution of 
a Member State which administers a scheme that is not a special 
scheme for civil servants and persons treated as such shall take 
into account all the periods completed under the legislation of 
any Member State, irrespective of whether they were completed 
under a general or a special scheme, applicable to civil servants 
and persons treated as such." 
19. This Section also includes an Article 51b, worded as follows: 
"Other persons 
35 -
The provisions of Section 1 shall apply by analogy to students and to 
the persons referred to.in Article 2(3), subject to the special procedures 
provided for in Annex X." 
20. Chapter 4 of Title III is amended as follows: 
A Section 5 is introduced, entitled "Persons other than those 
referred to in Sections 1 to 3" 
21. This Section includes an Article 63a, worded as follows: 
"Civil servants and persons treated as such 
1. The provisions to Sections 1 to 4 shall apply by analogy 
to persons satisfying the conditions of a special scheme for 
civil servants and persons treated as such." 
22. It shall also include an Article 63b,worded as follows: 
"Students 
The provisions of Sections 1 to 4 shall apply by analogy to 
students." 
23. Chapter 5 of Title III is amended as follows: 
(a) a Section 1 is introduced, entitled "Employed and self-employed persons" 
(b) a Section 2 is introduced, entitled "Persons other than those referred 
to in Section 1" 
24. Section 2 includes an Article 66a, worded as follows: 
"Civil servants and persons treated as such 
- 36 -
The provisions of Section 1 shall apply by analogy to persons satisfying 
the conditions of a special scheme for civil servants and personvs treated 
as such." 
25. This Section also includes an Article 66b, worded as follows: 
"Other persons 
The provisions of Section 1 shall apply by analogy to students 
and to persons as referred to in Article 2(3), subject to the 
special procedures laid down in Annex X." 
26. In Article 67 the words "employed person" are replaced by 
"employed or self-employed person". 
27. Article 71 is amended as follows: 
The words "employed person" are replaced by "employed or 
self-employed person". 
28. In Chapter 6 of Title III, a Section 4 is added, entitled 
"Unemployed persons other than those referred to in Sections 1 to 3" 
29. Section 4 includes an Article 71a, worded as follows: 
"The provisions of Sections 1 to 3 shall apply by analogy to 
persons satisfying the conditions of a special scheme for 
civil servants and persons treated as such." 
30. This Section also includes an Article 71b, worded as follows: 
"Where the legislation of a Member State recognizes the right to 
benefits of persons who have been newly registered as looking for 
work, the provisions of Articles 68, 69 and 70 of this Chapter 
shall apply to them by analogy." 
- 37 -
31. Article 72 is amended as follows: 
The word "self-employment" is replaced by "residence". 
32. Article 72a is amended as follows: 
The words "employed persons" are replaced by "employed or self-
employed persons". The same applies where these words appear 
in the singular. 
33. Article 74 is amended as follows: 
The words "unemployed person who was formerly employed or 
self-employed" are replaced by "unemployed person". 
34. A new Article 76a is added after Article 76, worded as follows: 
"Civil servants and persons treated as such 
The provisions of this Chapter shall apply by analogy to persons satisfying 
the conditions of a special scheme for civil servants and persons treated as 
such, taking account, where appropriate, of the provisions of Article 72." 
35. A new Article 76b is added, worded as follows: 
"Students and other persons 
The provisions of Article 72 shall apply by analogy to students and 
to the persons referred to in Article 2(3) if the latter are not 
pensioners." 
36. A new Article 79a is added after Article 79, worded as follows: 
"Civil servants and persons treated as such 
- 38 -
"The provisions of Articles 77, 78 and 79 shall apply by analogy to an 
orphan of a person satisfying the conditions of a special scheme 
for civil servants and persons treated as such." 
37. Title IV is amended as follows: 
The words "Administrative Commission on Social Security for Migrant Workers" 
are replaced by "Administrative Commission on Coordination of Social 
Security Schemes". 
38. Title V is amended as follows: 
The words "Advisory Committee on Social Security for Migrant Workers" 
are replaced by "Advisory Committee on Coordination of Social Security 
Schemes". 
39. An Article 95a is added after Article 95, worded as follows: 
"Transitional provisions for students, persons satisfying the conditions 
of a special scheme for civil servants and persons treated as such, 
and persons as referred to in Article 2(3), other than pensioners 
1. No right shall be acquired under this Regulation for any 
period prior to 
2. Any period of insurance and, where appropriate, any period of 
employment, self-employment or residence completed under the 
(1) legislation of a Member State before shall be taken 
into account for the determination of rights acquired in 
accordance with the provisions of this Regulation. 
3. Subject to the provisions of paragraph 1, a right shall be 
acquired under this Regulation even if it relates to a contingency 
«. (1) arising prior to ..... 
(1) Date of entry into force of the Regulation ensuing from the present 
proposal. 
- 39 -
4. Any benefit that has not been awarded or that has been suspended on 
account of the nationality or the residence of the person concerned 
(1) shall at the latter*s request be awarded or resumed from , 
provided that the rights for which benefits were previously awarded 
did not give rise to a lump-sum payment. 
(1) 
5. The rights of persons who prior to obtained the award of a 
pension may be reviewed at their request, account being taken of the 
provisions of this Regulation. This provision shall also apply to 
the other benefits referred to in Article 79a. 
6. " If the request referred to in paragraph 4 or .paragraph 5 is lodged 
(1 ) within two years from , rights deriving from this 
Regulation shall be acquired from that date and the provisions of 
the legislation of any Member State on the forfeiture or lapse of 
rights may not be applied to the persons concerned. 
7. If the request referred to in paragraph 4 or paragraph 5 is lodged 
(1) after expiry of the period of two years following , 
rights not forfeited or lapsed shall be acquired from the date of such 
request, subject to any more favourable provisions of the legislation 
of any Member State." 
40. Annex II is amended as follows: 
(a) the words in parentheses are replaced by the following: "Article 1(c)(a), 
(j) and (u) and Article 4(2)(a) of the Regulation" 
(b) a Part III is added after Part II, entitled "Special social 
security schemes applicable to students. Conditions of application 
(Article 1 (c)(a).", and reading as follows: 
(1) Date of entry into force of the Regulation ensuing from the present 
proposal. 
- 40 -
"A. BELGIUM 
1. Royal Decree of 28 June 1969 extending the scope of compulsory 
health care insurance to students in higher education. 
Conditions of application: 
- attend third-level education in Belgium at an 
establishment providing day courses; 
- submit to the insurance institution a certified 
statement provided by the educational establishment. 
2. Royal Decree of 20 July 1979 determining the conditions which 
•pupils and students must satisfy to qualify for compensation 
in respect of the sequelae of occupational diseases. 
Conditions of application: 
This Decree shall apply where in the course of and by the 
nature of his training, a pupil or student has been exposed to the 
risk of an occupational disease in so far as the latter is 
inherent in the pursuit of the occupation for which he has 
been training. 
3. - Article 124 of the Royal Decree of 20 December 1963 on 
employment and unemployment 
- Royal Decree of 8 August 1986 on the grant of the 
interim allowance (allocation d'attente) to young workers 
who have finished their studies. 
- 41 -
Conditions of application: 
Unemployment insurance covers persons newly registered as 
looking for work on condition that they have either fully 
completed their studies at the secondary higher or 
secondary lower level of technical or vocational training 
at an establishment organized, recognized or subsidized 
by one of the language communities of Belgium, or have 
obtained for the aforementioned studies a diploma or a 
leaving certificate before a central jury of one of the 
language communities of Belgium. 
B. DENMARK 
Does not apply. 
C. GERMANY 
Does not apply. 
D. SPAIN 
Only health services provided for under specific circumstances and 
benefits for accidents sustained at school are covered by the 
special scheme applicable to students. 
E. FRANCE 
1. Sickness and maternity insurance for students provided for by 
Articles L 381-3 to L 381-11 of the Social Security Code. 
42 -
Pupils and students at establishments approved for this 
purpose are compulsorily covered by this insurance provided that 
they are neither covered by social security nor are dependants 
of a person covered by social security and provided that they do 
not exceed an age limit (Article R 381-5 of the Social Security Code: 
26 years), which may however be raised on medical or civil grounds 
or to take account of the nature of certain studies. 
2. Personal insurance: Article D 741-6-1" and 2" of the 
Social Security Code. 
The following may join personal insurance: 
(a) students pursuing education approved for this purpose, 
provided that they are under the age of 26. They must pay an 
annual flat-rate contribution, the amount of which is identical 
with the sickness and maternity insurance contribution payable by 
students; 
(b) foreign students receiving a grant from their government 
who do not come under the French social security scheme for 
students. They must pay a contribution calculated on an annual 
flat-rate basis, equal to a quarter of the social contribution 
ceiling. 
3. Insurance for accidents at work: Article L 412-8-2" (a), 
(b) and (c) of the Social Insurance Code. 
F. GREECE 
Does not apply. 
G. IRELAND 
Does not apply. 
- 43 -
H. ITALY 
Sickness and maternity: the sole condition for coverage of 
students under the sickness insurance scheme is their residence 
within the national territory. 
I. LUXEMBOURG 
1. Book I of the Social Insurance Code concerning sickness 
and maternity insurance. 
Insurance covers persons over the age of 18 pursuing in 
Luxembourg studies or unremunerated vocational training as an 
apprentice who do not enjoy protection in any other way. 
2. Book II of the Social Insurance Code concerning accident 
insurance. 
Insurance for occupational accidents is extended to 
- pupils at technical or vocational training courses or 
general courses accessory thereto, organized or approved 
by the State or organized by the communes and the 
professional institutes; 
- pre-school, school and university activities organized 
by the State, the communes and the professional institutes 
or approved by the State>in the territory of the 
Grand Duchy of Luxembourg. 
J. NETHERLANDS 
Does not apply. 
- 44 -
K. PORTUGAL 
Does not apply 
L. UNITED KINGDOM 
A student who is insured under the legislation of the 
United Kingdom, or of Gibralter, concerning one of the 
branches of social security mentioned at Article 4(1) 
of the Regulation shall be considered to be insured 
under a social security scheme applicable to students 
with the terms of Article 1(c)(a) of the Regulation". 
(c) A Part IV is added, entitled "Special social security 
schemes for civil servants and persons treated as such; social 
security schemes covering categories of persons other than 
employed or self-employed persons and students (Article 4(2)(a) 
of the Regulation)". The text is as follows: 
"1. Special schemes for civil servants and persons treated as 
such" 
A. BELGIUM 
Does not apply. 
B. DENMARK 
Special pension schemes established by law or decrees concerning 
State or municipal civil servants and persons treated as such 
are included in the scope of the Regulation. 
C. GERMANY 
Does not apply. 
D. SPAIN 
Does not apply. 
- 45 -
E. FRANCE 
Does not apply. 
F. GREECE 
Does not apply. 
G. IRELAND 
Does not apply. 
H. ITALY 
All special schemes are included in the scope of the Regulation, 
I. LUXEMBOURG 
1. The following schemes are included in the scope of the 
Regulation: 
1. The sickness and maternity insurance scheme referred 
to in Book I of the Social Insurance Code. 
2. The accident insurance scheme referred to in Book II 
of the Social Insurance Code. 
3. The scheme referred to in the Law of 19 June 1985 
concerning family allowances and establishing the 
Caisse nationale des prestations familiales 
(National Family Benefits Fund). 
- 46 -
2. Non-contributory civil service pension schemes are also 
included in the scope of the Regulation to the extent that 
they are effectively social security schemes. 
J. NETHERLANDS 
Does not apply. 
K. PORTUGAL 
The following schemes are included in the scope of the Regulation: 
1. scheme relating to protection in the case of sickness and 
maternity (cash benefits and administration of remuneration); 
2. scheme relating to retirement because of occupational 
incapacity (invalidity); 
3. scheme concerning age-related retirement (old age); 
4. scheme relating to survivors' pensions; 
5. scheme relating to compensation for injuries and retirement 
resulting from an accident at work or an occupational disease; 
- 47 -
6. scheme relating to death grants. 
By way of exception, the following special schemes are excluded 
from the scope of the Regulation: 
1. scheme relating to invalidity pensions for military 
personnel under compulsory military service; 
2. Scheme relating to the "preço de sangue" pension 
(death of a civil servant in the performance of his 
public or military duties) and other similar pensions. 
L. UNITED KINGDOM 
Does not apply. 
2. Special social security schemes covering categories of 
persons other than employed and self-employed persons 
and other than students. 
A. BELGIUM 
The schemes included in the scope of the Regulation and the 
provisions for implementing these schemes are as follows: 
1. Royal Decree of 28 June 1969 extending the scope of 
compulsory health care insurance to persons not yet 
protected. 
Conditions of application: 
- effectively have one's principal residence in Belgiumi 
and have been registered as such in the municipal 
registers for at least six months prior to joining 
a sickness fund or the Caisse auxiliaire d'assurance 
maladie - invalidité (Auxiliary Sickness and Invalidity Fund); 
- 48 -
- not receive benefits under another Belgian or foreign 
compulsory health care insurance scheme. 
2. Royal Decree of 20 July 1970 extending the scope of health 
care insurance to disabled persons. 
Conditions of application: 
- have one's domicile in Belgium and have effectively 
resided there for at least three months; 
- have reached the age of 15; 
- have been recognized before the age of 65 (men) 
or 60 (women) as incapable, because of one's 
state of physical or mental health, of pursuing 
gainful employment for an expected duration of at 
least one month on the basis of the criteria laid 
down in Article 56(1) of the Law of 9 August 1963 
establishing and organizing a compulsory insurance 
scheme for sickness and invalidity (diminution of 
earning capacity of at least 2/3 and having 
ceased all work). 
3. Royal Decree of 28 June 1969 extending the scope of 
compulsory health care insurance to members of religious 
orders. 
Conditions of application: 
- be a member of a religious order other than those 
referred to in Article 1 of the Royal Decree of 
28 June 1969 extending, the scope of compulsory 
health care insurance to certain members of the 
clergy and of religious orders; 
- submit to the insurance institution a certified 
statement provided by the religious order. 
- 49 -
4. Law of 27 February 1987 relating to allowances for 
disabled persons, in accordance with the provisions 
laid down in Annex X. 
B. DENMARK 
Does not apply. 
C. GERMANY 
Does not apply. 
D. SPAIN 
Does not apply. 
E. FRANCE 
1. Persons residing within French territory in accordance with 
the relevant national and Community provisions may join 
(a) personal insurance established by Articles L 741-1 to 741-13 
of the Social Security Code; 
(b) voluntary old-age insurance and voluntary invalidity insurance 
on condition that the person concerned voluntarily provides constant attendance for 
a member of his family under the conditions laid down in the 
second subparagraph of Article L 742-1 of the Social Security Code 
or satisfies the family situation conditions laid down in the 
third subparagraph of the aforementioned Article L 742-1. 
2. The non-contributory special benefits and the benefits for 
disabled persons shall be granted in accordance with the provisions 
laid down in Annex X. 
- 50 -
F. GREECE 
Does not apply. 
G. IRELAND 
Does not apply. 
H. ITALY 
The sole condition for coverage by sickness and maternity insurance 
is residence within the national territory. 
I. LUXEMBOURG 
The sickness and maternity insurance scheme referred to in Book I 
of the Social Insurance Code is included in the scope of the 
Regulation where it concerns 
- recipients of a supplement under the Law of 26 July 1986, as amended, 
on the guaranteed minimum income; 
- persons residing in Luxembourg who as a result of physical or 
mental infirmity are unable to earn a living and who do not 
enjoy protection in any other way. 
J. NETHERLANDS 
Does not apply. 
K. PORTUGAL 
Non-contributory benefits, in accordance with the provisions 
laid down in Annex X, are included in the scope of the 
Regulation. 
- 51 -
L. UNITED KINGDOM 
Does not apply." 
41. Annex VI is amended as follows 
(a) Under the heading "E. FRANCE" the following is added; 
"8. For the purpose of applying Article 1(c)(a), the establishments 
recognized or approved by the national authorities are the 
following: 
(a) Establishments of higher education, technical colleges, 
professional colleges and second-level classes preparatory to 
these colleges, that are approved under the conditions laid 
down by the Decree of 29 December 1965, as amended, relating 
to the social insurance scheme for students, implementing 
Article L 381-5 of the Social Security Code. 
(b) The forms of education approved under the conditions laid 
down in Article D 741-6-1e of the Social Security Code relating 
to coverage of pupils and students under personal insurance." 
- 52 -
(b) Under the heading "L. UNITED KINGDOM" the following is added: 
"21. A person who is validly enrolled at an educational establishment 
in the United Kingdom shall not be precluded from being considered 
a student within the meaning of Article 1(c)(a) of the Regulation 
solely because there is no scheme in the United Kingdom for 
recognizing or approving such establishments and because that 
person therefore does not attend an establishment that has been 
recognized or approved by the national authorities. However, 
such a person must either be undertaking advanced education 
within the meaning of Regulation 1(2) of the Child Benefit 
(General) Regulation 1976 (or the Child Benefit (General) 
Regulations (Northern Ireland) 1979) or be at least 19 years 
of age. 
42. An Annex X is introduced, reading as follows: 
"Special procedures for implementing Chapters 2, 3 and 5 of 
Title III for persons other than employed or self-employed persons 
(Articles 43b, 51b and 66b of the Regulation) 
A. BELGIUM 
The allowances for disabled persons provided for by the 
Law of 27 February 1987 shall not be provided if the beneficiary 
resides in a territory other than that of Belgium. They shall 
therefore not be exportable. 
B. DENMARK 
1. Non-employed persons shall be entitled to a Danish social 
pension if they resided in Denmark for at Least three years between 
the ages for the beginning and end of working life as laid down by 
Danish legislation. 
- 53 -
2. Periods during which a non-employed person received a pension 
from another Member State shall not be taken into account towards 
the completion of the residence period referred to in paragraph 1. 
C. GERMANY 
Does not apply. 
D. SPAIN 
1. The non-contributory benefits of the Spanish social security 
scheme provided for by Law 26/1990 of 20 December 1990 shall be 
provided solely to beneficiaries residing in Spain. They may 
in no case be exported outside the national territory. 
2. The conditions required by Spanish social security for the 
grant of non-contributory invalidity and retirement pensions are 
as follows: 
(a) Invalidity pension: 
- be over the age of 18 and under 65j 
reside lawfully within. Spanish territory and have had 
one's residence there for five years, of which two years 
immediately prior to the date on which the pension is 
claimed'T 
have over 65% invalidity or chronic illness^ 
lack adequate means or income, the level of which is 
fixed periodically. 
(b) Retirement pension: 
- be over the age of 65} 
- reside lawfully within Spanish territory and have had one's residence 
there for 10 years between the age of 16 and the age on 
which the person concerned exercises his right to pension, 
of which two consecutive years immediately prior to the 
date on which the benefit is claimed^ 
- 54— 
- lack adequate means or income, the level of which is 
fixed periodically. 
3. The special social security scheme for students does not make 
provision for students to receive benefits in respect of invalidity 
(except benefits for school accidents), old age or death, nor for 
benefits payable upon the student's death. 
E. FRANCE 
for the purpose of applying Article 43 b) and 51 b) to the persons 
referred to in Article 2 (3) of the Regulation, the non-contributory 
special benefits and the benefits for handicapped persons shall be 
granted to persons residing in France in accordance with national 
and Community provisions. 
F. GREECE 
Does not apply. 
G. IRELAND 
Does not apply. 
H. ITALY 
Does not apply. 
I. LUXEMBOURG 
Does not apply. 
- 55 -
J. NETHERLANDS 
Does not apply. 
K. PORTUGAL 
For the purpose of applying Articles 43a and 51a to the persons 
referred to in Article 2<3), the non-contributory benefits in 
respect of invalidity, old age and death shall be granted to 
persons residing in Portugal. 
L. UNITED KINGDOM 
Does not apply. 
- 56 -
Article 2 
Regulation (EEC) N° 574/72 is amended as follows. 
1. The title is replaced by the following: 
"Regulation (EEC) N° 574/72 laying down the procedure for 
implementing Regulation (EEC) N° 1408/71 on the application of 
social security schemes to persons moving within the Community". 
2. Article 4 is amended as follows: 
Paragraph 3 is replaced by the following: 
"The institutions of the place of residence, the institutions of 
the place of stay, and the institutions of the place of study or 
vocational training of each Member State are listed in Annex 3." 
3. Article 8 is amended as follows: 
(a) At the beginning of paragraph 1 the words "If an employed or 
self-employed person or a member of his family" are replaced by 
"If the person concerned". 
At the end of this paragraph the words "the employed or self-
employed person/" are replaced by "the person concerned". 
(b) At the beginning of paragraph 2 the words "If an employed or 
self-employed person" are replaced by "If the person concerned". 
At the end of paragraph 2, the words" the person concerned" are 
replaced by the word "he". 
- 57 -
4. Article 8a is amended as follows! 
In paragraph 1 the words "an employed or self-employed person or 
a member of his family" are replaced by "the person concerned". 
5. Article 10 is amended as follows: 
The title is replaced by the following "Rules applicable in the 
case of overlapping of rights to family benefits or family 
allowances". 
6. Article 10a is amended as follows! 
(a) The title is replaced by the following: 
"Rules applicable when during the same period or part of 
a period the employed or self-employed person or one of the 
persons referred to in Articles 76a and 76b of the Regulation 
is successively subject to the legislation of several 
Member States". 
(b) At the beginning of paragraph 1, after the words 
"If an employed or self-employed person", the words 
"or one of the persons referred to in Articles 76a 
and 76b of the Regulation" are added. 
7. Article 10b is deleted. 
8. Article 16 is amended as followsl 
(a) The text of paragraph 1 is replaced by the following: 
"In order to invoke the provisions of Article 18 of the 
Regulation, an employed or self-employed person and the 
persons referred to in Articles 34a, 34b and 34c of the 
Regulation shall submit to the competent institution 
a certified statement specifying the periods of 
insurance completed under the legislation to which 
they were last subject." 
- 58-
(b) In paragraph 2, after the words "employed or self-employed 
person"^ the words "or one of the persons referred to in 
Articles 34a, 34b and 34c of the Regulation" are added. 
9. Article 17 is amended as follows. 
(a) The text of paragraph 1 is replaced by the following: 
"In order to receive benefits in kind under Article 19 of 
the Regulation, an employed or self-employed person and 
the person referred to in Article 34a of the Regulation 
must register themselves and the members of their families 
with the institution of the place of residence by submitting 
a certified statement testifying that they and the members 
of their families are entitled to the said benefits. This 
certified statement, based upon information supplied by the 
employer, where appropriate, shall be issued by the competent 
institution. If the employed or self-employed person, the 
person referred to in Article 34a of the Regulation, or the 
members of their families do not submit the said certified 
statement the institution of the place of residence shall 
obtain it from the competent institution." 
(b) The text of paragraph 8 is replaced by the following: 
"The employed or self-employed person, the person referred 
to in Article 34a of the Regulation or the members of their 
families shall inform the institution of the place of 
residence of any change in their situation which is likely to 
alter their entitlement to benefits in kind, in particular 
any cessation or change of the employment or self-employment 
of the person concerned or any transfer of residence or 
stay of the employed or self-employed person or of a member 
of his family. 
- 59 -
Likewise, should the employed or self-employed person or the 
person referred to in Article 34a of the Regulation cease to be 
insured or cease to be entitled to benefits in kind, the 
competent institution shall inform the institution of the 
place of residence accordingly. The institution of the place 
of residence may, at any time, request the competent institution 
to supply it with any information relating to the insurance 
or to the entitlement to benefits in kirvd of the employed or 
self-employed person or of the person referred to in 
Article 34a of the Regulation." 
(c) A paragraph 10 is added, worded as follows: 
"The provisions of the preceding paragraphs shall apply by 
analogy to the members of a student's family. These provisions 
shall also apply by analogy to students as referred to in 
Article 34b(2) of the Regulation, and in this case the 
institution of the place of study or vocational training shall 
be regarded as institution of the place of residence." 
10. Article 18 shall be amended as follows: 
(a) In paragraph 1 the words "an employed or self-employed person" 
are replaced by the words "an employed or self-employed person 
and the person referred to in Article 34a of the Regulation". 
(b) A paragraph 10 is added, worded as follows: 
"The provisions of the preceding paragraphs shall apply by 
analogy to students as referred to in Article 34b(2) of the 
Regulation, and in this case the institution of the place of 
study or vocational training shall be regarded as institution 
of the place of residence." 
- 60 -
11. Article 21 is amended as follows: 
(a) At the end of the title the words "or self-employed persons" 
are replaced by ", self-employed persons or persons referred 
to in Articles 34a, 34b and 34c of the Regulation." 
(b) The first sentence of paragraph 1 \s replaced by the 
following sentence: 
"In order to receive benefits in kind under Article 22(1)(a)(i) 
of the Regulation, save in the case referred to in Article 20 
of the implementing Regulation, an employed or self-employed 
person and the persons referred to in Articles 34a, 34b and 
34c of the Regulation shall submit to the institution of the 
place of stay a certified statement stating that they are 
entitled to benefits in kind." 
12. Article 22 is amended as follows: 
(a) The title is replaced by the following: 
"Benefits in kind for employed or self-employed persons and 
for the persons referred to in Article 34a of the Regulation 
who transfer their residence or return to their country of 
residence, and for employed or self-employed persons and the 
persons referred to in Articles 34a, 34b and 34c of the 
Regulation who are authorized to go to another Member State for 
medical treatment." 
(b) In the first sentence of paragraph 1 the words "an employed 
or self-employed person" are replaced by "an employed or 
self-employed person and a person as referred to in Article 34a 
of the Regulation". 
The word "he" is replaced by "they". 
13. Article 24 is amended as follows: 
(a) In the title the words "and for persons as referred to in 
Articles 34a, 34b and 34c of the Regulation" are inserted 
after the words "self-employed persons". 
- 61 -
(b) The text of the Article is replaced by the following: 
"The provisions of Article 18 of the implementing Regulation 
shall apply by analogy in respect of the receipt of cash 
benefits under Article 22(1)<a)(ii) of the Regulation. 
However, without prejudice to the obligation to submit a 
certificate of incapacity for work, neither the employed 
or se If-employed person nor the person referred to in 
Article 34a of the Regulation shall be required to submit 
the notification of having ceased work referred to in 
Article 18(1) of the implementing Regulation if they 
are staying in the territory of a Member State without 
pursuing an occupation there." 
14. Article 25 is amended as follows! 
In paragraph 1 the words "an employed or self-employed person" 
are replaced by "an employed or self-employed person and the persons 
referred to in Articles 34a and 34b of the Regulation". 
15. Article 35 is amended as follows! 
(a) The title is replaced by the following: 
"Claims for invalidity benefits where the employed or 
self-employed person or the persons referred to in 
Articles 43a and 43b of the Regulation have been subject 
exclusively to the legislations specifiedin Annex IV to 
the Regulation and in the case referred to in Article 40(2) 
of the Regulation". 
- 62 -
(b) The first sentence of paragraph 1 is replaced by the 
following: 
"In order to receive benefits under Articles 37, 38 and 39 
of the Regulation, including in the cases referred to in 
Articles 40(2), 41<(1) and 42(2) of the Regulation, 
an employed or self-employed person and the persons 
referred to in Articles 43a and 43b of the Regulation 
shall submit a claim either to the institution of the 
Member State to whose legislation they were subject at 
the time of occurrence of the incapacity for work 
followed by invalidity or the aggravation of such 
invalidity, or to the institution of the place of 
residence, which shall then forward the claim to the first 
institution, indicating the date on which it was submitted; 
this date shall be regarded as the date of the submission of 
the claim to the first institution." 
(c) In paragraph 2 the words "or one of the persons referred to in 
Articles 43a and 43b of the Regulation" are added after the 
words "the employed or self-employed person". 
(d) In the second sentence of paragraph 3 the words "or one of the 
persons referred to in Articles 43a and 43b of the Regulation" 
are added after the words "the employed or self-employed person" 
16. Article 36 is amended as follows: 
The words "or one of the persons referred to in Articles 51a and 51b 
of the Regulation" are added after the words "the employed or self-
employed person". 
17, Article 37 is amended as follows: 
The words "or one of the persons referred to in Articles 51a and 51b 
of the Regulation" are added after the words "the employed or self-
employed person". 
- 63 -
18. Article 39 is amended as follows? 
The words "or one of the persons referred to in Articles 43a and 43b 
of the Regulation" are added after the words "the employed or self-
employed person". 
19. Article 42 is amended as follows! 
The words "or one of the persons referred to in Articles 43a, 43b, 51a 
and 51b of the Regulation" are added after the words "the employed or 
self-employed person". 
20. Article 43 is amended as follows: 
The words "or one of the persons referred to in Articles 43a, 43b, 
51a and 51b of the Regulation" are added after the words "the 
employed or self-employed person". 
21. Article 44 is amended as follows*. 
The words "or one of the persons referred to in Articles 51a and 51b 
of the Regulation" are added after the words "the employed or 
self-employed person". 
22. Article 50 is amended as follows! 
In paragraph 1(a)(i) the words "or one of the persons referred to 
in Articles 43a, 43b, 51a and 51b of the Regulation" are added after 
"Where an employed or self-employed person". 
23. In the title of Chapter 4 the words "Articles 52 and 53" are 
replaced by "Articles 52, 53, 63a and 63b". 
64 -
24. Article 60 is amended as follows*. 
The text of paragraph 1 is replaced by the following: 
"In order to receive benefits in kind under Article 52(a) of the 
Regulation, an employed or self-employed person and the persons referred to in 
Articles 63a and 63b of the Regulation shall submit to the institution 
of the place of residence a certified statement testifying that they are 
entitled to such benefits in kind. This certified statement, based upon 
information supplied by the employer, where appropriate, shall be 
issued by the competent institution. Moreover, if the legislation of 
the competent State so provides, the employed or self-employed person 
and the persons referred to in Articles 63a and 63b of the Regulation 
shall submit to the institution of the place of residence a receipt 
from the competent institution of notification of an accident at work 
or of an occupational disease. If the person concerned does not 
submit such documents, the institution of the place of residence shall 
obtain them from the competent institution and, pending their arrival, 
it shall grant him the benefits in kind under sickness insurance, 
provided that he satisfies the conditions for entitlement thereto." 
25. Article 61 is amended as follows. 
In paragraph 1 the words "an employed or self-employed person" 
are replaced by "an employed or self-employed person and the persons 
referred to in Articles 63a and 63b of the Regulation". 
26. Article 63 is amended as follows: 
(a) In the title the words "and for the persons referred to in 
Articles 63a and 63b of the Regulation" are added after 
"for employed and self-employed persons". 
- 65 -
(b) In paragraph 1 the words "an employed or self-employed person" 
are replaced by "an employed or self-employed person and the 
persons referred to in Articles 63a and 64b of the Regulation". 
The words "that he is" are replaced by "that they are". 
27. Article 64 is amended as follows! 
The second sentence is replaced by the following: 
"However, without prejudice to the obligation to submit a certificate 
of incapacity for work, an employed or self-employed person and the 
persons referred to in Articles 63a and 63b of the Regulation who are 
staying in the territory of a Member State without pursuing any 
professional or trade activity there shall not be required to submit 
the notification of having ceased work referred to in Article 61(1) of 
the implementing Regulation." 
28. Article 66 is amended as follows: 
The words "or one of the persons referred to in Articles 63a and 
63b of the Regulation" are added after "the employed or self-
employed person". 
29. In the title of Chapter 5 the words "Articles 64, 65 and 66" are 
replaced by "Articles 64, 65, 66, 66a and 66b". 
30. Article 80 is amended as follows! 
The words "an employed person" are replaced by "an employed or 
self-employed person or under a special scheme for civil servants 
and persons treated as such". 
- 66 -
31. Article 84 is amended as follows! 
(a) The title is replaced by the following: 
"Unemployed persons who were formerly employed or self-
employed and persons as referred to in Article 71a of the 
Regulation who, during their last employment or self-
employment, were residing in a Member State other than 
the competent State". 
(b) In paragraph 2 the words "an unemployed person who was 
formerly employed shall submit" are replaced by "an 
unemployed person who was formerly employed or self-
employed and the persons referred to in Article 71a of 
the Regulation shall submit". The words "he was last 
subject" shall be replaced by "they were last subject". 
The words "he has no right" are replaced by "they 
have no right". 
(c) In paragraph 3 the words "the unemployed person who was 
formerly an employed person" are replaced by "the 
unemployed person who was formerly employed or self-
employed or the person referred to in Article 71a of 
the Regulation". 
32. Article 85 is amended as follows: 
In the title the words "periods of employment or self-employment" 
are replaced by "periods of insurance, employment or 
seIf-employment". 
33. Article 86 is amended as follows! 
(a) The text of paragraph 1 is replaced by the following: 
"In order to receive family benefits under Article 73 of 
the Regulation, an employed or self-employed person and 
a person as referred to in Article 76a of the Regulation 
shall submit a claim to the competent institution, where 
necessary through their employer." 
- 67 -
(b) The first sentence of paragraph 2 is replaced by the 
following: 
"In support of their claim, the employed or self-employed 
person and the person referred to in Article 76a of the 
Regulation shall submit a certificate relating to members 
of their family residing in the territory of a Member State 
other than that in which the competent institution is situated." 
(c) The text of paragraph 3 is replaced by the following: 
"Where the legislation of the competent State provides that 
the family benefits may or must be paid to a person other than 
the employed or self-employed person or the person referred 
to in Article 76a of the Regulation/ the said persons shall 
also submit in support of their claim, information identifying 
the individual to whom the family benefits are to be paid 
in the country of residence (name, forename, full address)." 
(d) The text of paragraph 5 is replaced by the following! 
"An employed or self-employed person and a person as 
referred to in Article 76a of the Regulation shall inform 
the competent institution, where necessary through their 
employer, 
- of any change in the situation of the members of their 
family which might alter entitlement to benefits, 
- of any change in the number of members of their family 
for whom family benefits are due." 
34. Article 88 is amended as follows! 
The text of the Article is replaced by the following: 
- 68 -
"The provisions of Article 86 of the implementing Regulation 
shall apply mutatis mutandis to unemployed persons as referred 
to in Article 74 of the Regulation." 
35. The title above Article 90 is replaced by the following: 
"Implementation of Articles 77, 78, 79 and 79a of the Regulation". 
36. Article 90 is amended as follows! 
The words "Article 77 or 78 of the Regulation" are replaced by 
"Article 77, 78 or 79a of the Regulation". 
37. Article 91 is amended as follows! 
The words "Article 77 or 78" are replaced by "Article 77, 78 or 79a", 
38. Article 92 is amended as follows! 
The words "Article 77 or 78" are replaced by "Article 77, 78 or 79a 
of the Regulation". 
39. Article 94 is amended as follows^ 
(a) The words "or of one of the persons referred to in Article 34a 
and 34b of the Regulation" are added after "employed or 
self-employed person". 
(b) In paragraph 1 the words "or one of the persons referred to in 
Article 34a and 34b of the Regulation" are added after 
"employed or self-employed person". 
- 69 -
40. Annex 3 is amended as follows! 
(a) The title is replaced by the following: 
"Institutions of the place of residence, institutions of the 
place of stay, institutions of the place of study or of 
vocational training". 
(b) In every section a new Part III is added after Part II, 
reading as follows: 
"A. BELGIUM 
III. Institutions of the place of study or of vocational training 
Institutions of the place of residence and institutions of the 
place of stay listed for Belgium in Annex 3 to Regulation 
(EEC) N° 574/72, points 1-1(a) and II. 
B. DENMARK 
III. Institutions of the place of study or vocational training. 
Does not apply. 
C. GERMANY 
III. Institutions of the place of study or vocational training. 
Does not apply. 
- 70 -
D. SPAIN 
III. Institutions of the place of study or vocational training. 
Does not apply. 
E. FRANCE 
III. Institutions of the place of study or vocational training 
Caisse primaire d'assurance maladie (Local Sickness Insurance 
Fund) of the place where the person concerned is studying. 
F. GREECE 
III. Institutions of the place of study or vocational training. 
Does not apply. 
G. IRELAND 
III. Institutions of the place of study or vocational training. 
Does not apply. 
H. ITALY 
III. Institutions of the place of study or vocational training. 
Does not apply. 
- 71 -
I. LUXEMBOURG 
III. Institutions of the place of study or vocational training 
Caisse nationale d'assurance maladie des ouvriers 
(National Sickness Insurance Fund for Manual Workers), 
Luxembourg. 
J. NETHERLANDS 
III. Institutions of the place of study or vocational 
training 
One of the sickness funds competent for the place where 
the person concerned is studying or pursuing vocational 
training, at the latter's choice. 
K. PORTUGAL 
III. Institutions of the place of study or vocational 
training 
Centro Regional de Segurança (Regional Centre of Social 
Security) of the place of study or vocational training 
L. UNITED KINGDOM 
Institutions of the place of study or vocational training 
Does not apply. 
- 72 -
Article 3 
This Regulation shall enter into force on the day of its publication 
in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, For the Council 
THE PRESIDENT 

ISSN 0254-1475 
COM(91) 528 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-91-577-EN-C 
ISBN 92-77-78638-8 
Office for Of&dal Publications of the European Communities 
L-2985 Luxembourg