5. 9. 90 Official Journal of the European Communities No C 221/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1408/71 on the 
application of social security schemes to employed persons, to self-employed persons and to 
members of their families moving within the Community and Regulation (EEC) No 574/72 
laying down the procedure for implementing Regulation (EEC) No 1408/71 
COM(90) 335 final 
(Submitted by the Commission on 3 August 1990) 
(90/C 221/03) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 51 and 
235 thereof, 
Having regard to the proposal from the Commission 
drawn up after consulting the Administrative 
Commission on Social Security for Migrant Workers, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas it is necessary to amend Council Regulations 
(EEC) No 1408/71 (») and (EEC) No 574/72 (2), as 
updated by Regulation (EEC) No 2001/83 (5) and last 
amended by Regulation (EEC) No 3427/89 (4); whereas 
certain of these amendments are connected with changes 
made by the Member States in their social security legis­
lation while others are of a technical nature and are 
intended to improve these Regulations in the light of 
experience gained from implementing them; 
Whereas the definition of the term 'periods of insurance' 
in Article 1 (r) of Regulation (EEC) No 1408/71 should 
be amended to take account of recent developments in 
the legislation of certain Member States; whereas, in 
(') OJ No L 149, 5. 7. 1971, p. 2. 
(2) OJ No L 74, 27. 3. 1972, p. 1. 
O OJ No L 230, 22. 8. 1983, p. 6. 
(4) OJ No L 331, 16. 11. 1989, p. 1. order to protect migrant workers, provision should be 
made to ensure that if under the legislation of a Member 
State recognition of a period as a period of insurance 
depends solely on the condition that the person 
concerned should reside in that Member State, this 
condition is deemed to be satisfied in so far as Annex VI 
to Regulation (EEC) No 1408/71 so provides; 
Whereas the amendments made to Article 57 of Regu­
lation (EEC) No 1408/71 by Regulation (EEC) No 
2332/89 (5) make it necessary to amend Article 12 (4) of 
Regulation (EEC) No 1408/71; 
Whereas it has proved necessary, following the judgment 
of the Court of Justice in Case 302/84 (Ten Holder), to 
insert a new subparagraph (f) in Article 13 (2) of Regu­
lation (EEC) No 1408/71 in order to determine what 
legislation is applicable to persons to whom one Member 
State's legislation ceases to be applicable without the 
legislation of another Member State becoming applicable 
to them, in accordance with one of the rules laid down 
in the previous subparagraphs of the same Article 13 (2) 
or one of the exceptions provided for in Articles 14 to 17 
of Regulation (EEC) No 1408/71; whereas this 
amendment also makes it necessary to alter Article 17 of 
the same Regulation; 
Whereas a new provision must be inserted in Regulation 
(EEC) No 1408/71 to exempt pensioners from the legis­
lation of the State of residence when they are already 
entitled to sickness insurance, maternity and family 
benefits under the legislation of another Member State; 
Whereas it has proved necessary, following the judgment 
of the Court of Justice in Case 58/87 (Rebmann), to 
(5) OJ No L 224, 2. 8. 1989, p. 1. 
No C 221/4 Official Journal of the European Communities 5. 9. 90 
insert a new paragraph in Article 45 of Regulation 
(EEC) No 1408/71 providing that the Member State in 
which the worker resides shall take account for pensions 
purposes of periods of full unemployment completed by 
this worker in respect of which benefits have been paid 
by that State under Article 71 (1) (a) (ii) and (b) (ii) of 
Regulation (EEC) No 1408/71; 
Whereas a gap has been found in Regulation (EEC) No 
1408/71 in respect of the unemployed persons who were 
formerly employed as mentioned in Article 71 (1) (a) (ii) 
and (b) (ii) who reside in the territory of the same 
Member State as the members of their families; whereas 
this gap should be filled by inserting a provision to the 
effect that the Member State of residence which provides 
sickness and maternity benefits under Articles 25 (2) and 
39 (5) of Regulation (EEC) No 1408/71 shall also pay 
family benefits to the person concerned; 
Whereas the new version of Article 94 (9) of Regulation 
(EEC) No 1408/71, as introduced by Regulation (EEC) 
No 3427/89, is less complete than the previous version in 
so far as it omits to mention persons receiving benefits 
more favourable than those resulting from application 
of Regulation (EEC) No 1408/71 under bilateral 
agreements with France; whereas this gap should be 
filled by inserting a provision safeguarding acquired 
rights deriving from these bilateral conventions; 
Whereas it seems necessary, following insertion by this 
Regulation of a new paragraph 8 in Article 45 of Regu­
lation (EEC) No 1408/71, to give the person concerned 
the right to ask for benefits awarded under the former 
system to be reviewed in his favour; 
Whereas Annex I to Regulation (EEC) No 1408/71 
must be amended as a result of the transfer of responsi­
bility for medical services in Gibraltar; 
Whereas Annex IV to Regulation (EEC) No 1408/71 
must be amended because of the introduction in the 
United Kingdom of a severe disablement allowance, the 
value of which does not depend on the length of periods 
of insurance; 
Whereas section A. Belgium in Annex VI to Regulation 
(EEC) No 1408/71 should be amended in order to solve 
the problem of conversion into Belgian francs of income 
received by self-employed persons in a foreign currency; 
Whereas certain entries in section C. Germany in Annex 
VI to Regulation (EEC) No 1408/71 must be amended 
to take account both of several changes of form and substance made in the German sickness insurance legis­
lation and of the amendment of Article 1 (r) of Regu­
lation (EEC) No 1408/71 by this Regulation; 
Whereas, following the insertion in this Regulation of 
the new Article 13 (2) (f) of Regulation (EEC) No 
1408/71, section G. Ireland and section L. United 
Kingdom of Annex VI to Regulation (EEC) No 1408/71 
should be amended to clarify the implementation of this 
new provision with respect to these two States; 
Whereas section I. Luxembourg of Annex VI to Regu­
lation (EEC) No 1408/71 should be amended to take 
account of the changes made in the Luxembourg legis­
lation on old-age, invalidity and survivor's pension 
insurance; 
Whereas section J. Netherlands of Annex VI to Regu­
lation (EEC) No 1408/71 must be amended, both 
because of the changes made in the Netherlands legis­
lation on insurance for medical expenses and because of 
changes in the arrangements for collection of contri­
butions and the abolition of the age limit for the obli­
gation to contribute to social insurance; whereas point 1 
(b) of the same section must also be amended in the 
interests of clarity; 
Whereas section L. United Kingdom of Annex VI to 
Regulation (EEC) No 1408/71 should be amended as a 
result of the abolition of the British maternity allowance, 
the introduction of a new lump sum benefit for widows, 
the change in the manner of calculating earnings giving 
rise to class 1 national insurance contributions and the 
introduction of the severe disablement allowance; 
Whereas Article 4 (10) (a) and (b) of Regulation (EEC) 
No 574/72 should be amended in order to take account 
of the fact that the former paragraph 2 of Article 14d of 
Regulation (EEC) No 1408/71 has become paragraph 3 
by virtue of Article 1 of Regulation (EEC) No 3811/86 
and to include a reference in Article 8 to the new Article 
10b of Regulation (EEC) No 574/72 inserted by this 
Regulation; 
Whereas, following the insertion by this Regulation of 
the new Article 13 (2) (f) stipulating that persons to 
whom the legislation of a Member State ceases to apply 
without the legislation of another Member State 
becoming applicable to them shall be subject to the legis­
lation of the Member State in whose territory they 
reside, a provision is required stipulating when and 
under what conditions this legislation ceases to be 
applicable; 
Whereas a reference to Article 14d (1) of Regulation 
(EEC) No 1408/71 must be inserted in Article 107 (1) 
5. 9. 90 Official Journal of the European Communities No C 221/5 
(a) of Regulation (EEC) No 574/72 stipulating the 
conversion rate to be applied for collection of contri­
butions under this provision when it is necessary to 
convert into national currency the earnings received by 
an employed or self-employed person in the currency of 
another Member State; 
Whereas section L. United Kingdom of Annex 1 to 
Regulation (EEC) No 574/72 should be amended as a 
result of the division of the Department of Health and 
Social Security in Great Britain into two separate 
departments; 
Whereas Annex 2 to Regulation (EEC) No 574/72 
should be amended in order to take account of organiz­
ational changes in Denmark involving the division of the 
Danish National Social Security Office, and of the 
transfer of responsibility for Gibraltar's medical services 
and the division of the Department of Health and Social 
Security in Great Britain into two separate departments; 
Whereas Annex 3 of Regulation (EEC) No 574/72 
should be amended in order to take account of the 
division of the Danish National Social Security Office, 
of the fact that as from 1 January 1991 the German 
accident insurance bodies will have sole responsibility for 
benefits for accidents at work or occupational diseases in 
Germany and of the transfer of responsibility for 
Gibraltar's medical services and the division of the 
Department of Health and Social Security in Great 
Britain into two separate departments; 
Whereas Annex 4 to Regulation (EEC) No 574/72 must 
be amended to take account of the new function 
assigned to the Belgian Accidents at Work Fund, which 
is to act as the liaison body for accidents at work, the 
division of the Danish National Social Security Office, 
the change in the name of the German liaison body for 
sickness insurance and the division of the Department of 
Health and Social Security in Great Britain into two 
separate departments; 
Whereas Annex 5 to Regulation (EEC) No 574/72 must 
be amended because of the change in the agreement of 
7 February 1964 between the Netherlands and Belgium 
on family and childbirth allowances and in order to take 
account of the changes in the agreement of 20 July 1978 
between Germany and Luxembourg, which no longer 
covers benefits in kind for accidents at work and occupa­
tional diseases; 
Whereas the sections on Belgium, France, Greece, 
Ireland and the United Kingdom in Annex 10 to Regu­
lation (EEC) No 574/72 should be amended in order to 
indicate the institutions designated by the competent 
authorities for implementation of Articles 14c of Regu­lation (EEC) No 1408/71 and 12a (7) and (8) of Regu­
lation (EEC) No 574/72 for these States; 
Whereas sections B. Denmark and C. Germany in Annex 
10 to Regulation (EEC) No 574/72 should be amended 
as necessary to take account of the division of the 
Danish National Social Security Office and the need to 
delete the reference to Article 14c (1) of Regulation 
(EEC) No 1408/71 in point 2 (c) of section C. Germany 
in Annex 10 to Regulation (EEC) No 574/72 following 
the amendments made by Regulation (EEC) No 
3811/86; 
Whereas section C. Germany in Annex 10 to Regulation 
(EEC) No 574/72 must be amended to take account of 
the fact that as from 1 January 1991 the German 
accident insurance bodies will have sole responsibility for 
benefits in respect of accidents at work or occupational 
diseases in Germany, of the fact that the former 
paragraph 2 of Article 14d of Regulation (EEC) No 
1408/71 has become paragraph 3 and of the change in 
the name of the German liaison body for sickness 
insurance; 
Whereas the former paragraph 2 of Article 14d of Regu­
lation (EEC) No 1408/71 has become the new 
paragraph 3 and the references to this provision must 
therefore be corrected in sections F. Greece and I. 
Luxembourg in Annex 10 to Regulation (EEC) No 
574/72; 
Whereas section F. Greece in Annex 10 to Regulation 
(EEC) No 574/72 must be amended to take account of 
the transfer of competence between the Greek social 
security institutions for mariners; 
Whereas section J. Netherlands and section L. United 
Kingdom in Annex 10 to Regulation (EEC) No 574/72 
must be amended following the changes in the responsi­
bilities of the Netherlands Social Insurance Council and 
the division of the Department of Health and Social 
Security in Great Britain into two separate departments, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1408/71 is hereby amended as 
follows: 
1. In Article 1 (r) the following sentence is added after 
'as equivalent to periods of insurance': 
'If under the legislation of a Member State recog­
nition of a period as a period of insurance depends 
solely on the condition that the person concerned 
No C 221/6 Official Journal of the European Communities 5. 9. 90 
should reside in that Member State, this condition 
shall be deemed to be satisfied in so far as Annex VI 
so provides.' 
2. In Article 12 (4), third line, 'of Article 57 (3) (c)' is 
replaced by 'of Article 57 (5)'. 
3. In Article 13 (2) the following subparagraph is 
added: 
'(f) A person to whom the legislation of a Member 
State ceases to be applicable without the legis­
lation of another Member State becoming 
applicable to him, in accordance with one of the 
rules laid down in the aforegoing subparagraphs 
of this paragraph shall be subject to the legis­
lation of the Member State in whose territory he 
resides in accordance with the provisions of that 
legislation alone.' 
4. Article 17 is replaced as follows: 
'Article 17 
Exception to Articles 13 to 16 
Two or more Member States, the competent auth­
orities of these States or the bodies designated by 
these authorities may by common agreement provide 
for exceptions to the provisions of Articles 13 to 16 
in the interest of certain categories of persons or of 
certain persons.' 
5. The following Article is added in Title II: 
'Article 17a 
The recipient of a pension due under the legislation 
of a Member State or of pensions due under the 
legislation of two or more Member States who 
resides in the territory of another Member State may 
at his request be exempted from the legislation of the 
latter State provided that he is not subject to that 
legislation because of the pursuit of an occupation.' 
6. In Article 45 the following paragraph is added: 
'8. A period of full unemployment of a worker to 
whom Article 71 (1) (a) (ii) or (b) (ii), first 
sentences, applies shall be taken into account by the 
competent institution of the Member State in whose 
territory the worker concerned resides in accordance 
with the legislation administered by that institution, 
as if that legislation applied to him during his last 
employment. 
If the period of full unemployment in the country of 
residence of the person concerned can be taken into account only if periods of contribution have been 
completed in that country, this condition shall be 
deemed to be fulfilled if the contribution periods 
have been completed in another Member State. 
Without prejudice to the second subparagraph, if 
this period cannot be taken into account under the 
said legislation, it shall be taken into account by the 
competent institution of the Member State in the 
territory of which the person was last employed in 
accordance with the legislation administered by that 
institution.' 
7. The following Article is added to Chapter 7, 
Section 1: 
'Article 72a 
An employed person who has become fully unem­
ployed and to whom the provisions of Article 71 (1) 
(a) (ii) or (b) (ii), first sentences, apply shall, for the 
members of his family residing in the territory of the 
same Member State as he, receive family benefits in 
accordance with the legislation of that State, as if he 
had been subject to that legislation during his last 
employment, taking account, where appropriate, of 
the provisions of Article 72. These benefits shall be 
provided by and at the expense of the institution of 
the place of residence.' 
8. In Article 94, the following paragraph is added: 
'10. The implementation of Article 73 shall not 
have the effect of reducing any rights existing at 15 
November 1989 in the territory of the Member State 
concerned. As regards persons who at that date are 
receiving more favourable benefits by virtue of 
bilateral agreements concluded between France and 
Spain and France and Portugal, these agreements 
shall continue to apply to such persons as long as 
they are subject to Spanish or Portuguese legislation. 
No account shall be taken of interruptions lasting 
less than one month, nor of periods in which unem­
ployment or sickness benefit is drawn. The 
arrangements for implementing these provisions, and 
in particular the sharing of costs resulting from 
them, shall be laid down by agreement between the 
Member States concerned or their competent auth­
orities after consultation with the Administrative 
Commission.' 
9. In Article 94, the following paragraph is added: 
'11. The rights of persons to whom a pension was 
awarded prior to the entry into force of Article 
45 (8) may be reviewed at their request subject to 
the provisions of Article 45 (8).' 
5. 9. 90 Official Journal of the European Communities No C 221/7 
10. In Annex I, Part II, section L. UNITED 
KINGDOM, entry (b), 'Group Practice Medical 
Scheme Ordinance 1973' is replaced by 'Medical 
(Gibraltar Health Authority) Ordinance 1987'. 
11. In Annex IV, section L. UNITED KINGDOM: 
(i) Point (a) is replaced as follows: 
'(a) Great Britain 
Sections 15 and 36 of the Social Security 
Act 1975. 
Sections 14, 15 and 16 of the Social 
Security Pensions Act 1975.' 
(ii) Point (b) is replaced as follows: 
'(b) Northern Ireland 
Sections 15 and 36 of the Social Security 
(Northern Ireland) Act 1975. 
Articles 16, 17 and 18 of the Social Security 
Pensions (Northern Ireland) Order 1975.' 
12. Annex VI is amended as follows: 
(a) In section A. Belgium the following entry is 
added: 
'8. For the purposes of applying Articles 14a (2), 
(3) and (4) 14c (a) and 14d of Regulation 
(EEC) No 1408/71, business revenues in the 
reference year which serve as a basis for 
determining the contributions due by virtue 
of the social arrangements for self-employed 
persons shall be calculated using the mean 
annual rate for the year during which this 
income was received. 
The rate of conversion is the annual mean of 
the conversion rates published in the Official 
Journal of the European Communities 
pursuant to Article 107 (5) of Regulation 
(EEC) No 574/72.' 
(b) In section C. GERMANY: 
(i) Point 6 is deleted. (ii) The present points 7, 8, 9, 10, 11, 12, 13, 
14, 15 and 16 become points 6, 7, 8, 9, 10, 
11, 12, 13, 14 and 15 respectively. 
(iii) The new point 12 is replaced as follows: 
'12. For the purposes of applying the 
German legislation on compulsory 
sickness insurance of pensioners as 
provided for in Article 5(1) (11) of 
volume V of the Social Insurance 
Code (Fiinftes Buch Sozialgesetzbuch 
— SGB V) and Article 56 of the 
Sickness Insurance Reform Law 
(Gesundheitsreformgesetz), periods of 
insurance or residence completed 
under the legislation of another 
Member State during which the person 
concerned was entitled to sickness 
benefits in kind are taken into 
account, in so far as is necessary, as 
periods of insurance completed under 
German legislation provided they do 
not overlap with periods of insurance 
completed under that legislation.' 
(iv) the new point 13 is replaced as follows: 
'13. For the grant of cash benefits pursuant 
to Article 47 (1) of volume V of the 
German Social Insurance Code (SGB 
V) and Article 200 (2) and Article 
561 (1) of the German Law on Social 
Insurance (Reichsversicherungs-
ordnung — RVO), the German 
institutions shall determine the net 
remuneration to be taken into account 
for the calculation of the benefits as 
though the insured persons resided in 
the Federal Republic of Germany.' 
(v) The following entry is added: 
'16. For the grant of benefits to persons 
requiring close attendance under 
Articles 53 et seq. of volume V of the 
German Social Insurance Code (SGB 
V), the institution of the place of 
residence shall, for the provision of 
assistance in the form of benefits in 
kind, take account of periods of 
insurance, employment or residence 
completed under the legislation of 
another Member State as if they were 
periods completed under the legis­
lation applicable to that institution.' 
(vi) The following entry is added: 
'17. A person in receipt of a pension under 
German legislation and a pension 
under the legislation of another 
Member State shall be deemed, for the 
No C 221/8 Official Journal of the European Communities 5. 9. 90 
purposes of applying Article 27 of the 
Regulation, to be entitled to sickness 
and maternity benefits in kind if, 
under Article 8(1), point 4, of the 
German Social Insurance Code (SGB 
V), that person is exempted from 
compulsory sickness insurance 
(Krankenversicherung).5 
(vii) The following entry is added: 
'18. A period of insurance for child rearing 
under German legislation is valid even 
for a period during which the 
employed person concerned brought 
up the child in another Member State 
provided that person was unable to 
engage in occupational activity by 
virtue of Article 6(1) of the Protection 
of Mothers Law (Mutterschutzgesetz) 
or took parental leave under Article 15 
of the Federal Childrearing Allowance 
Law (Bundeserziehungsgeldgesetz) 
and did not engage in any minor 
(geringfiigig) employment within the 
meaning of Article 8 of SGB IV.' 
(c) In section G. IRELAND the following entry is 
added: 
'10. A period of insurance completed unter Irish 
legislation in accordance with Article 
13(2)(f) of the Regulation: 
(i) shall not be taken into account under 
this provision as a period of insurance 
completed under Irish legislation for the 
purposes of Title III of the Regulation; 
(ii) shall not make Ireland the competent 
State for the provision of benefits under 
Articles 18, 38 or 39(1) of the Regu­
lation.' 
(d) In section I. LUXEMBOURG: 
(i) Point 1 is replaced as follows: 
'1. Notwithstanding Article 94(2) of the 
Regulation, periods of insurance or 
periods treated as such completed under 
Luxembourg legislation for invalidity, 
old-age or death pension insurance 
either before 1 January 1946 or before 
an earlier date stipulated by a bilateral 
convention shall be taken into 
consideration for the purpose of applying 
this legislation only if the person 
concerned demonstrates that he has 
completed six months of insurance under the Luxembourg scheme after the date in 
question. Where several bilateral 
conventions apply, periods of insurance 
or periods treated as such shall be taken 
into consideration as from the earliest of 
these dates.' 
(ii) The following entry is added: 
'4. For the purpose of taking the insurance 
period provided for in Article 171 (7) of 
the Social Insurance Code (Code des 
Assurances Sociales) into account, the 
Luxembourg institution shall recognize 
periods of insurance completed by the 
person concerned under the legislation 
of any other Member State as if they 
were periods completed under the legis­
lation which it administers. 
Application of the foregoing provision 
shall be subject to the condition that the 
person concerned last completed 
insurance periods under Luxembourg 
legislation.' 
(e) In section J. NETHERLANDS: 
(i) in point 1 (b), 'at the time at which the 
aforementioned Article is applicable to him' 
is deleted. 
(ii) in point 1, the following subparagraph is 
added: 
'(d) Notwithstanding Article 1 (f) of Regu­
lation 1408/71, the spouse of an 
employed or self-employed person 
subject to the legislation of a Member 
State other than the Netherlands who 
is registered as a co-insured person 
with a Netherlands sickness fund 
(Ziekenfonds) on behalf of the 
competent institution of the other 
Member State shall be deemed to 
remain a member of that person's 
family for the purposes of Article 19 (2) 
of the Regulation after reaching the 
age of 65. This provision is applicable 
by analogy for the application of 
Article 28 of the Regulation to the 
spouse of a person receiving a pension 
under the legislation of a Member State 
other than the Netherlands.' 
(iii) In point 2, the following subparagraph is 
added: 
'(i) For the purposes of Article 46 (2) of 
the Regulation, only periods of 
insurance completed under the 
5. 9. 90 Official Journal of the European Communities No C 221/9 
Netherlands General Law on Old-Age 
Insurance (AOW) shall be taken into 
account as periods of insurance.' 
(iv) In point 3, the following entry is inserted: 
'(a) (i) For the purposes of Article 46 (2) of 
the Regulation, only periods of 
insurance completed under the 
Netherlands General Law on 
Insurance for Widows and Orphans 
(AWW) shall be taken into account 
as periods of insurance.' 
(v) Point 3 (a) becomes point 3 (a) (ii). 
(f) In section L. UNITED KINGDOM 
(i) In point 3 (b), after 'if, pursuant to Title II 
of the Regulation', the following is added: 
'excluding Article 13 (2) (f)'-
(ii) Point 4 is replaced as follows: 
'4. The widow's benefit provided under 
United Kingdom legislation shall be 
treated, for the purposes of Chapter 3 
of the Regulation, as a survivor's 
pension.' 
(iii) In point 5, after 'in accordance with Title 
II of the Regulation', the following is 
added: 'excluding Article 13 (2) (f)'. 
(iv) Point 13.1 is replaced as follows: 
'13.1. For the purpose of calculating an 
earnings factor with a view to deter­
mining the right to benefits under 
United Kingdom legislation, subject 
to point 15, each week during which 
an employed or self-employed 
person has been subject to the legis­
lation of another Member State and 
which commenced during the 
relevant income tax year within the 
meaning of United Kingdom legis­
lation shall be taken into account in 
the following way: 
(a) Periods between 6 April 
and 5 April 1987: 1975 
(i) For each week of insurance, 
employment or residence as 
an employed person, the person concerned shall be 
deemed to have paid contri­
butions as an employed 
earner on the basis of 
earnings equivalent to 
two-thirds of that week's 
upper earnings limit. 
(ii) For each week of insurance, 
self-employment or residence 
as a self-employed person 
the person concerned shall 
be deemed to have paid class 
2 contributions as a self-
employed earner. 
(b) Periods from 6 April 1987 
onwards: 
(i) For each week of insurance, 
employment or residence as 
an employed person, the 
person concerned shall be 
deemed to have received, 
and paid contributions as an 
employed earner for, weekly 
earnings equivalent to 
two-thirds of that week's 
upper earnings limit. 
(ii) For each week of insurance, 
self-employment or residence 
as a self-employed person 
the person concerned shall 
be deemed to have paid class 
2 contributions as a self-
employed earner. 
(c) For each full week during which 
he has completed a period 
treated as a period of insurance, 
employment, self-employment or 
residence, the person concerned 
shall be deemed to have had 
contributions or earnings 
credited to him as appropriate, 
but only to the extent required 
to bring his total earnings factor 
for that tax year to the level 
required to make that tax year a 
reckonable year within the 
meaning of the United Kingdom 
legislation governing the 
crediting of contributions or 
earnings.' 
(v) Point 13.2 (a) is replaced as follows: 
'13.2. For the purposes of Article 46 (2) (b) 
of the Regulation, where: 
No C 221/10 Official Journal of the European Communities 5. 9. 90 
(a) in any income tax year starting 
on or after 6 April 1975, an 
employed person has completed 
periods of insurance, 
employment or residence exclu­
sively in a Member State other 
than the United Kingdom, and 
the application of paragraph 1 
(a) (i) or paragraph 1 (b) (i) 
results in that year being 
counted as a qualifying year 
within the meaning of United 
Kingdom legislation for the 
purposes of Article 46 (2) (a) of 
the Regulation, he shall be 
deemed to have been insured for 
52 weeks in that year in that 
other Member State.' 
(vi) The following entry is added: 
'17. For the purposes of entitlement to 
severe disablement allowance any 
employed or self-employed person 
who is or has been subject to United 
Kingdom legislation in accordance 
with Title II of the Regulation, 
excluding Article 13 (2) (f): 
(a) shall for the entire period during 
which he was employed or self-
employed and subject to United 
Kingdom legislation whilst present 
or resident in another Member 
State be treated as having been 
present and resident in the United 
Kingdom; 
(b) shall be entitled to have periods of 
insurance as an employed or self-
employed person completed in the 
territory and under the legislation 
of another Member State treated 
as periods of presence and 
residence in the United Kingdom.' 
(vii) The following entry is added: 
'18. A period of subjection to United 
Kingdom legislation in accordance 
with Article 13 (2) (f) of the Regu­
lation shall not: to United Kingdom legislation for 
the purposes of Title HI of the 
Regulation, nor 
(ii) make the United Kingdom the 
competent State for the provision 
of the benefits mentioned in 
Articles 18, 38 or 39(1) of the 
Regulation.' 
(viii) The following entry is added: 
'19. Subject to any conventions concluded 
with individual Member States, for the 
purposes of Article 13 (2) (f) of the 
Regulation and Article 10a of the 
implementing Regulation, United 
Kingdom legislation shall cease to 
apply at the end of the day on the 
latest of the following three days to 
any person previously subject to 
United Kingdom legislation as an 
employed or self-employed person: 
(a) the day on which residence is 
transferred to the other Member 
State referred to in Article 
13 (2) (f); 
(b) the day of cessation of the 
employment or self-employment, 
whether permanent or temporary, 
during which that person was 
subject to United Kingdom legis­
lation; 
(c) the last day of any period of 
receipt of United Kingdom 
sickness or maternity benefit 
(including benefits in kind for 
which the United Kingdom is the 
competent State) or unem­
ployment benefit which: 
(i) began before the date of 
transfer of residence to 
another Member State or, if 
later, 
(ii) immediately followed em­
ployment or self-employment 
in another Member State 
while that person was subject 
to United Kingdom legis­
lation.' 
(i) be taken into account under this 
provision as a period of subjection (ix) The following entry is added: 
5. 9. 90 Official Journal of the European Communities No C 221/11 
'20. The fact that a person has become 
subject to the legislation of another 
Member State in accordance with 
Article 13 (2) (f) of the Regulation, 
Article 10a of the implementing Regu­
lation and point 19 above, shall not 
prevent: 
(a) the application to him by the 
United Kingdom as the competent 
State of the provisions relating to 
employed or self-employed 
persons of Title III, Chapter 1 and 
Chapter 2, Section 1 or Article 
40 (2) of the Regulation if he 
remains an employed or self-
employed person for those 
purposes and was last so insured 
under the legislation of the United 
Kingdom; 
(b) his treatment as an employed or 
self-employed person for the 
purposes of Chapter 7 and 8 of 
Title III of the Regulation or 
Articles 10 or 10a of the 
implementing Regulation, 
provided United Kingdom benefit 
under Chapter 1 of Title III is 
payable to him in accordance with 
paragraph (a) above.' 
Article 2 
Regulation (EEC) No 574/72 is hereby amended as 
follows: 
1. In Article 4 (10): 
(i) Under (a), 'Article 14d (2)' is replaced by 'Article 
14d (3)' and the following is inserted after 
'Regulation': 'Article 14c'. 
(ii) Under (b), after 'Article 6(1)', the following is 
added: 'Article 8, Article 10b'. 
2. The following Article is inserted in Title III: 
'Article 10b 
The date and conditions on which the legislation of a 
Member State ceases to be applicable to a person 
referred to in Article 13 (2) (f) of the Regulation shall 
be determined in accordance with that legislation. The 
institution designated by the competent authority of 
the Member State whose legislation becomes 
applicable to this person shall apply to the institution 
designated by the competent authority of the former 
Member State with a request to specify this date.' 3. In Article 107 (1) (a), after 'Article 12 (2), (3) and 
(4)', 'Article 14d (1)' is added. 
4. In Annex 1, section L. UNITED KINGDOM: 
(i) Point 1 is replaced as follows: 
'1. Secretary of State for Social Security, 
London'. 
(ii) Point 2 is replaced as follows : 
'2. Secretary of State for Health, London'. 
(iii) The present points 2, 3, 4, 5 and 6 become points 
3, 4, 5, 6 and 7 respectively. 
(iv) The new point 7 is replaced as follows: 
7. Director of the Gibraltar Health Authority'. 
5. Annex 2 is amended as follows: 
(a) In section B. DENMARK: 
(i) In point 2 (a), 'Sikringsstyrelsen (National 
Social Security Office)' is replaced by 
'Socialstyrelsen (National Social Security 
Office)'. 
(ii) In point 3 (a), 'Sikringsstyrelsen (National 
Social Security Office)' is replaced by 
'Socialstyrelsen (National Social Security 
Office)'. 
(iii) In point 4 (a), 'Sikringsstyrelsen (National 
Social Security Office)' is replaced by 
'Arbejdsskadestyrelsen (National Office for 
Accidents at work and occupational 
diseases)'. 
(b) In section L. UNITED KINGDOM: 
(i) In point 1 the entry concerning Gibraltar is 
replaced as follows: 'Gibraltar Health 
Authority'. 
(ii) In point 2, in the entry concerning Great 
Britain, 'Health and . ..' is deleted. 
6. Annex 3 is amended as follows: 
(a) In section B. DENMARK, part I — Institutions 
of the place of residence : 
(i) In point (b) and (c) (i), 'Sikringsstyrelsen 
(National Social Security Office)' is replaced 
by 'Socialstyrelsen (National Social Security 
Office)'. 
No C 221/12 Official Journal of the European Communities 5. 9. 90 
(ii) In point (d) (i), 'Sikringsstyrelsen (National 
Social Security Office)' is replaced by 
'Arbejdsskadestyrelsen (National Office for 
Accidents at work and occupational diseases)'. 
(iii) In point (e), 'Sikringsstyrelsen (National 
Social Security Office)' is replaced by 
'Socialstyrelsen (National Social Security 
Office)'. 
In part II — Institutions of the place of stay, in 
point (b) (i), 'Sikringsstyrelsen (National Social 
Security Office)' is replaced by 'Arbejdsskade­
styrelsen (National Office for Accidents at work 
and occupational diseases)'. 
(b)In section C. GERMANY, subparagraphs (a) and 
(b) of point 2 are replaced by a single paragraph as 
follows: 
'2. In all cases, the Hauptverband der gewerb-
Iichen Berufsgenossenschaften (Federation of 
Professional and Trade Associations in 
Industry), St Augustin.' 
(c) In section L. UNITED KINGDOM: 
(i) In point 1, the entry for Gibraltar is replaced 
as follows: 
'Gibraltar: Gibraltar Health Authority'. 
(ii) In point 2, in the entry for Great Britain, 
'Health and ...' is deleted. 
(iii) In point 3, in the entry for Great Britain, 
'Health and . ..' is deleted. 
7. Annex 4 is amended as follows: 
(a) In section A. BELGIUM, point 4 is replaced as 
follows : 
'4. Accidents at work and occupational diseases: 
(a) Accidents at work: 
Fonds des accidents du travail, Bruxelles 
— (Accidents at Work Fund, Brussels) 
(b) Occupational diseases: 
Ministere de la Prevoyance sociale, 
Bruxelles — (Ministry of Social Welfare, 
Brussels)'. 
(b) In section B. DENMARK: 
(i) In points 1, 2, 3, 5, 6 and 7, 'Sikringsstyrelsen 
(National Social Security Office)' is replaced 
by 'Socialstyrelsen (National Social Security 
Office)'. (ii) In point 4, 'Sikringsstyrelsen (National Social 
Security Office)' is replaced by 'Arbejdsskad­
estyrelsen (National Office for Accidents at 
work and occupational diseases)'. 
(c) In section C. GERMANY, point 1, 'Bundes-
verband der Ortskrankenkassen (National 
Federation of Local Sickness Funds)' is replaced 
by 'AOK-Bundesverband (National Federation of 
Local Sickness Funds)'. 
(d) In section L. UNITED KINGDOM, in the entry 
for Great Britain, 'Health and ... .' is deleted. 
8. Annex 5 is amended as follows: 
(a) In section 9, BELGIUM - NETHERLANDS, in 
the first line of entry (a), the reference to Article 
6 is deleted. 
(b) In section 27, GERMANY - LUXEMBOURG, 
entry (e) is deleted. 
9. Annex 10 is amended as follows: 
(a) In section A. BELGIUM, the present points 4, 5, 
6 and 7 become points 5, 6, 7 and 8 respectively. 
A new point 4 is inserted as follows: 
'4. For the purposes of applying Article 14c of the 
Regulation and Article 12a of the implemen-
tating Regulation: 
Employed persons: 
Office national de securite sociale, Bruxelles 
— (National Social Security Office, Brussels) 
Self-employed persons: 
Institut national d'assurances sociales pour 
travailleurs independants, Bruxelles — 
(National Social Insurance Institute for the 
Self-Employed, Brussels)'. 
(b) In section B. DENMARK: 
(i) In points 1, 2, 3 and 6, 'Sikringsstyrelsen 
(National Social Security Office)' is replaced 
by 'Socialstyrelsen (National Social Security 
Office)'. 
(ii) Point 7 is replaced as follows: 
'7. For the purposes of applying Article 110 
of the implementing Regulation: 
(a) Benefits pursuant to Chapters 1 to 3 
and Chapters 5, 7 and 8 of Title III of 
the Regulation: 
5. 9. 90 Official Journal of the European Communities No C 221/13 
Socialstyrelsen (National Social 
Security Office), Kobenhavn 
(b) Benefits pursuant to Chapter 4 of 
Title III of the Regulation: 
Arbejdsskadestyrelsen (National 
Office for Accidents at work and 
occupational diseases), Kobenhavn 
(c) Benefits pursuant to Chapter 6 of 
Title III of the Regulation: 
Direktoratet for Arbejdsloshedsfor-
sikringen (Unemployment Insurance 
Office), Kobenhavn'. 
(c) In section C. GERMANY: 
(i) In point 2 (c), first sentence, the reference 
'(1)' after 'Article 14c' is deleted. 
(ii) Point 2 (c> (ii) is replaced as follows: 
'Persons not insured with sickness insurance: 
for clerical workers: Bundesversicherungs-
anstalt fur Angestellte (Federal Insurance 
Office for Clerical Staff), Berlin; 
for manual workers: the competent pension 
insurance institution for manual workers.' 
(iii) In point 3, 'Bundesverband der Ortskran-
kenkassen (National Federation of Local 
Sickness Funds)' is replaced by 
'AOK-Bundesverband (National Federation 
of Local Sickness Funds)'. 
(iv) Point 8 is replaced as follows: 
'For the purposes of applying: 
(a) Article 36 of the Regulation and Article 
102(2) of the implementing Regulation: 
AOK-Bundesverband (National Feder­
ation of Local Sickness Funds), Bonn 2 
(b) Article 63 of the Regulation and Article 
102(2) of the implementing Regulation: 
Hauptverband der gewerblichen Berufs-
genossenschaften (Federation of 
Professional and Trade Associations), St 
Augustin 
(c) Article 75 of the Regulation and Article 
102(2) of the implementing Regulation: 
Bundesanstalt fiir Arbeit (Federal Labour 
Office), Niirnberg'. 
(v) In point 9 (a), 'Bundesverband der 
Ortskrankenkassen (National Federation of 
Local Sickness Funds)' is replaced by 
'AOK-Bundesverband (National Federation 
of Local Sickness Funds)'. (vi) Point 9 (b) is replaced as follows: 
'(b) Refund of benefits in kind incorrectly 
provided to workers on presentation of 
the certified statement provided for in 
Article 62 (2) of the implementing 
Regulation: 
Hauptverband der gewerblichen Berufs-
genossenschaften (Federation of Pro­
fessional and Trade Associations), St 
Augustin'. 
(vii) In point 10, 'For the purposes of applying 
Article 14d (2) of the Regulation' is replaced 
by 'For the purposes of applying Article 14d 
(3) of the Regulation'. 
(d) In section E. FRANCE, the present points 4, 5, 6, 
7, 8 and 9 become points 5, 6, 7, 8, 9 and 10 
respectively. A new point 4 is inserted as follows: 
'4. For the purposes of applying Article 14c of the 
Regulation and Article 12a (7) and (8) of the 
implementing Regulation: 
(a) Article 12a (7) of the implementing Regu­
lation : 
(i) Employment in France and 
non-agricultural self-employment in 
another Member State: 
Caisse mutuelle regionale (Regional 
Mutual Benefit Fund) 
(ii) Employment in France and agri­
cultural self-employment in another 
Member State: 
Caisse de mutualite sociale agricole 
(Agricultural Social Insurance Mutual 
Benefit Fund) 
(b) Article 12a (8) of the implementing Regu­
lation : 
(i) Non-agricultural self-employment in 
France: 
Caisse mutuelle regionale (Regional 
Mutual Benefit Fund) 
(ii) Agricultural self-employment in 
France: 
Caise de mutualite sociale agricole 
(Agricultural Social Insurance Mutual 
Benefit Fund) 
No C 221/14 Official Journal of the European Communities 5. 9. 90 
(c) In the case of non-agricultural self-
employment in France and employment in 
Luxembourg, form E 101 shall be issued 
to the person concerned who shall submit 
it to the Regional Mutual Benefit Fund.' 
(e) In section F. GREECE: 
(i) The present points 5, 6, 7, 8, 9, 10 and 11 
become points 6, 7, 8, 9, 10, 11 and 12 
respectively. 
(ii) In the new point 6, 'For the purposes of 
applying Article 14d (2)' is replaced by 'For 
the purposes of applying Article 14d (3)'. 
(iii) A new point 5 is inserted as follows: 
'5. For the purposes of applying Articles 14c 
of Regulation (EEC) No 1408/71 and 
12a of Regulation (EEC) No 574/72: 
(a) In general: 
(Social Insurance Institute, Athens) (b) Benefits for mariners: 
(Mariners' Retirement Fund, 
Piraeus) 
(c) Other benefits: 
'I5puua Koivamicebv AaqaXiaeiov 
(IKA), A$f|va (Social Insurance 
Institute, Athens)'. 
(f) In section G. IRELAND, 'For the purposes of 
applying Article 14 (c) of the Regulation' is 
inserted at the beginning of point 1. 
(g) In section I. LUXEMBOURG, in point 1, 'For 
the purposes of applying Article 14d (2)' is 
replaced by 'For the purposes of applying Article 
14d (3)'. 
(h) In section J. NETHERLANDS, in point 1, 'For 
the purposes of applying Article 17 of the Regu­
lation' is added before 'For the purposes of 
applying Articles 6 (1) . . .'. 
(b) For mariners: 
(Mariners' Retirement Fund, 
Piraeus)'. (i) In section L. UNITED KINGDOM: 
(i) Point 1 is replaced as follows: 
(iv) The new point 10, first sentence, is replaced 
as follows: 
'For the purposes of applying Article 102 (2) 
of the implementing Regulation'. 
(v) Subparagraph (b) of the new point 10 is 
replaced as follows: 
(b) Benefits for mariners: 
(Seamen's Home, Piraeus)'. 
(vi) A new point 10.1 is added as follows: '1. For the purposes of applying Articles 14c, 
14d (3), 17, 36 and 63 of the Regulation 
and Articles 6 (1), 8, 11 (1), 11a (1), 12a, 
13 (2) and (3), 14 (1), (2) and (3), 38 (1), 
70 (1), 80 (2), 81, 82 (2), 91 (2), 102 (2), 
109, 110 and 113 (2) of the implementing 
Regulation: 
Great Britain: 
Department of Health and Social Security 
(Overseas Branch), Newcastle upon Tyne 
NE98 1YX 
'10.1. For the purposes of applying Article 
110 of the implementing Regulation: 
(a) Family allowances, unemployment: 
Opyaviaurj<; A7iaaxoA,f)ae<o<; 
EpyatiKoi) AuvauiKoi) (OAEA), 
A0f|va (Labour Employment 
Office, Athens) Northern Ireland (excluding Articles 36 
and 63 of the Regulation and Articles 102 
(2) and 113 (2) of the implementing Regu­
lation, for which see Great Britain): 
Departement of Health and Social 
Security (Overseas Branch), Belfast BTl 
5DP'. 
5. 9. 90 Official Journal of the European Communities No C 221/15 
(ii) Point 2 is replaced as follows: 
'2. For the purposes of applying Articles 85 
(2), 86 (2) and 89 (1) of the implementing 
Regulation: 
Great Britain: 
Department of Health and Social Security, 
Child Benefit Centre, Newcastle upon 
Tyne NE88 1AA 
Northern Ireland: 
Department of Health and Social Services 
(Overseas Branch), Belfast BTl 5DF 
Article 3 
1. This Regulation shall enter into force on the day of 
its publication in the Official Journal of the European 
Communities. 
2. Article 1 (11) shall apply with effect from 
29 November 1984. 
3. Article 1 (1) and (12) (b) (vii) shall apply with 
effect from 1 January 1986. 
4. Article 1 (1) and (12) (b) (i), (12) (b) (lii), (12) (b) 
(iv), (12) (b) (v) and (12) (b) (vi) shall apply with effect 
from 1 January 1989. 
5. Article 1 (2) shall apply with effect from 2 August 
1989. 
6. Article 1 (12) (d) (i) and (12) (d) (ii) shall apply 
with effect from 1 January 1988. 
7. Article 1 (12) (e) (i) shall apply with effect from 
1 April 1986. 8. Article 1 (12) (e) (iii) and (12) (e) (iv) shall apply 
with effect from 1 January 1990. 
9. Article 1 (10) and (12) (f) (ii) shall apply with effect 
from 1 April 1988. 
10. Article 2 (1) (i), (9) (c) (i), (9) (c) (vii), (9) (e) (ii) 
and (9) (g) shall apply with effect from 1 January 1987. 
11. Article 2 (4) (i), (4) (ii), (5) (b) (ii), (6) (c) (ii), (6) 
(c) (iii) and (7) (d) shall apply with effect from 25 July 
1988. 
12. Article 2 (5) (a), (6) (a), (7) (b) and (9) (b) shall 
apply with effect from 1 July 1989. 
13. Article 2 (7) (a) shall apply with effect from 
1 January 1988. 
14. Article 2 (8) (a) shall apply with effect from 
1 April 1985. 
15. Article 2 (8) (b) and (9) (c) (ii) shall apply with 
effect from 1 January 1989. 
16. Article 2 (9) (h) shall apply with effect from 
1 April 1990. 
17. Article 2 (6) (b), (7) (c), (9) (c) (iii), (9) (c) (iv), 
(9) (c) (v) and (9) (c) (vi) shall apply with effect from 
1 January 1991. 
18. Article 2 (4) (iv), (5) (b) (i) and (6) (c) (i) shall 
apply with effect from 1 April 1988. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.