No C 206/2 Official Journal of the European Communities 11. 8. 89 
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(89) 370 final 
(Submitted by the Commission on 26 July 1989) 
(89/C 206/02) 
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 submitted by the 
Commission 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 the provisions regu­
lating the determination and calculation of pensions in 
Regulations (EEC) No 1408/71 and (EEC) No 574/72 
of the Council, as determined in Regulation (EEC) No 
2001/83 O, as last amended by Regulation (EEC) No 
..., that some of these amendments are linked to the 
case law of the Court of Justice in this matter, other 
amendments having been designed to fill existing 
loopholes; 
Whereas it is necessary to delete the eighth preamble to 
Regulation (EEC) No 1408/71 rendered superfluous by 
the case law of the Court of Justice relating to Article 46 
(3) of the said Regulation; that this deletion calls for a 
new text of the seventh preamble to Regulation (EEC) 
No 1408/71; 
Whereas the amendments to be made to Chapter 3 of 
Title III of Regulation (EEC) No 1408/71 call for the 
adaptation of Article 12 (2) of the said Regulation; 
Whereas it is necessary to amend Articles 38 and 45 of 
Regulation (EEC) No 1408/71 for the purpose of 
clarifying the rules for taking account of the periods of 
insurance or of residence completed in two or more 
O OJ No L 230, 22. 8. 1983, p. 6. Member States as an employed person and a self-
employed person and/or in the context a general scheme 
and a special scheme; 
Whereas it is necessary to incorporate in Annex IV, B, 
all special schemes for self-employed persons within the 
meaning of Articles 38 and 45 of Regulation (EEC) No 
1408/71; 
Whereas it is necessary to insert in Article 39 of Regu­
lation (EEC) No 1408/71 a provision stipulating that the 
rules of Chapter 3 of the Regulation in the case of over­
lapping of benefits of a different kind shall likewise be 
applicable to invalidity pensions determined under 
Chapter 2; 
Whereas the new concept of benefits of the same kind 
within the meaning of Chapter 3 of Title III of Regu­
lation (EEC) No 1408/71 call for a new text of Article 
40 (2) of the said Regulation; 
Whereas it is necessary to amend the text of 
subparagraph (a) (ii) of paragraph 3 of Article 40 of 
Regulation (EEC) No 1408/71 so that the said 
subparagraph can likewise be applied in the case where 
an invalidity benefit is awarded which is not called an 
invalidity benefit; that consequently it is necessary to 
make a textual amendment to subparagraph (b) (i) of 
paragraph 3 of Article 40 of Regulation (EEC) No 
1408/71; 
Whereas the new text of Article 43 (1) and the insertion 
of the new paragraph 3 in Article 43 call for an 
amendment to the title of Section 4 of Chapter 2 of Title 
III of Regulation (EEC) No 1408/71; 
Whereas it is necessary to amplify the text of paragraph 
2 of Article 43 of Regulation (EEC) No 1408/71 for the 
purpose of guaranteeing that where the legislation of a 
Member State does not provide for the conversion of an 
invalidity benefit into an old-age benefit, the benefit due 
under that legislation shall continue to be paid as long as 
the person concerned satisfies the necessary qualifying 
conditions; 
11. 8. 89 Official Journal of the European Communities No C 206/3 
Whereas the experience gained from implementing 
Article 43 of Regulation (EEC) No 1408/71 has revealed 
the existence of a loophole in the case where an inva­
lidity benefit awarded in accordance with Article 39 of 
the said Regulation is converted into an old-age benefit 
without the person concerned having satisfied the 
conditions regarding age required by the legislation of 
the other Member State for the purpose of acquiring a 
right to that benefit; that it is necessary to fill this 
loophole by inserting a new paragraph 3 in Article 43 
stipulating that the competent institution in the Member 
State which hitherto had been exempted from payment 
of an invalidity pension from the date of the conversion 
in the other Member State shall award an invalidity 
pension in accordance with the provisions of Chapter 3 
of Title III of Regulation (EEC) No 1408/71; 
Whereas the present paragraph 3 of Article 43 of Regu­
lation (EEC) No 1408/71 has become paragraph 4 and 
that the text thereof should be simplified; 
Whereas a provision should be inserted in Article 45 of 
Regulation (EEC) No 1408/71 for the purpose of 
guaranteeing that for the acquisition, retention or 
recovery of the right to benefits, the insurance periods 
completed in the context of a special scheme of a 
Member State shall be taken into consideration in the 
context of the general scheme of another Member State, 
even in the case where these periods have already been 
taken into consideration in the latter State in the context 
of a special scheme; 
Whereas, for reasons of simplicity and clarity, it is 
necessary to insert a provision in Article 45 of Regu­
lation (EEC) No 1408/71 providing for the inclusion in 
Annex VI of all specific provisions which determine the 
methods of assimilation of certain insurance conditions 
for the acquisition, retention or recovery of the right to 
benefits taking account of the particular characteristics 
of the national legislations concerned; 
Whereas in accordance with the constant case law of the 
Court of Justice, the Council is not deemed competent 
to enact rules imposing a restriction on the overlapping 
of two or more pensions acquired in different Member 
States by a reduction of the amount of a pension 
acquired solely under the national legislation; that, 
according to the Court of Justice, it is for the national 
legislator to enact such rules, bearing in mind that it is 
for the Community legislator to fix the limits within 
which the national provisions concerning the reduction, 
suspension or withdrawal shall be applied; that provision 
be made for the purpose of determining the amount of a 
pension calculated in accordance with the methods used 
for aggregation and apportionment and guaranteed by 
Community law where the application of national legis­
lation, including provisions governing reduction, 
suspension or withdrawal, is less favourable than the 
aforesaid method; that furthermore it must be made 
possible for the competent institutions to waive a calcu­
lation in accordance with the method for aggregation and apportionment where the result of that calculation is 
equal to or lower than that yielded by the calculation 
according only to the national legislation; that, for each 
Member State, mention should be made in Annex IV, C, 
of all those cases where the two calculations could give 
rise to a result of this kind; 
Whereas for the purpose of protecting migrant workers 
and their survivors against an excessively stringent 
application of the national provisions concerning 
reduction, suspension or withdrawal, it is necessary to 
include a provision in Regulation (EEC) No 1408/71 
laying down strict rules for the application of these 
provisions; 
Whereas, for the same reasons, it is necessary to insert a 
provision in Regulation (EEC) No 1408/71 stipulating 
that, in the case of overlapping of benefits of the same 
kind, these provisions shall be applicable only in the case 
of certain types of benefits and in certain specific cases; 
Whereas it is necessary to list in Annex IV, D, the types 
of benefits to which the aforesaid provisions can be 
applied in the case of overlapping of benefits of the same 
kind; 
Whereas it is necessary to insert in Regulation (EEC) No 
1408/71 a provision permitting, in certain cases, two or 
more Member States to conclude a contract aimed at 
restricting the overlapping of benefits of the same kind; 
that these agreements should be mentioned in Annex IV, 
D; 
Whereas it is necessary to insert a provision in Regu­
lation (EEC) No 1408/71 stipulating that in the case of 
overlapping of benefits of the same kind, the provisions 
governing reduction, suspension or withdrawal provided 
for by the legislation of a Member State shall not be 
applicable to a benefit calculated in accordance with the 
method used for aggregation and apportionment; 
Whereas, in accordance with the case law of the Court 
of Justice, it is necessary that the overlapping of benefits 
of the same kind within the meaning of Chapter 3 of 
Title III of Regulation (EEC) No 1408/71 be taken to 
mean the overlapping of invalidity benefits, old-age 
benefits and survivors' benefits calculated or awarded on 
the basis of periods of insurance and/or of residence 
completed by one and the same person and that over­
lapping of a different kind be taken to mean overlapping 
of benefits other than those of the same kind; 
Whereas it is necessary that a provision be inserted in 
Regulation (EEC) No 1408/71 guaranteeing that the 
joint application of national provisions concerning 
reduction, suspension or withdrawal by two or more 
Member States in the case of overlapping of benefits of a 
different kind does not have any adverse effect on 
migrant workers or their dependants; that it is necessary 
to include a provision in Regulation (EEC) No 1408/71 
for the purpose of avoiding a situation in which, under 
the legislation of a Member State, a pension is 
No C 206/4 Official Journal of the European Communities 11. 8. 89 
withdrawn or suspended in full because the person in 
question is in receipt of a lower benefit of a different 
kind from another Member State; that the same reasons, 
which justify the abovementioned provisions, also justify 
the cases where, under the legislation of a Member State, 
a pension cannot be awarded in the case where the 
beneficiary is in receipt of a benefit of a different kind; 
Whereas the text of paragraph 1 of Article 48 of Regu­
lation (EEC) No 1408/71 should be clarified by speci­
fying the conditions of application of this paragraph; 
Whereas it is necessary to fill a loophole in the text of 
the first sentence of Article 49 (1) of Regulation (EEC) 
No 1408/71 by inserting a reference to Article 40 (3) of 
the Regulation; that it is necessary to amplify the two 
first paragraphs of Article 49 of Regulation (EEC) No 
1408/71 so that they can be applied in the cases referred 
to in the second sentence of paragraph 2 of Article 44 of 
the Regulation; 
Whereas the amendment to paragraph 2 of Article 12 
calls for the insertion of a new subparagraph (d) in 
Article 60 (1) of Regulation (EEC) No 1408/71; 
Whereas it is necessary to insert in Regulation (EEC) No 
1408/71 the transitory provisions for the application of 
this Regulation; 
Whereas the insertion of parts B, C and D in Annex IV 
of Regulation (EEC) No 1408/71 means that the present 
Annex IV becomes Annex IV part A; 
Whereas it is necessary to delete from Annex VI of 
Regulation (EEC) No 1408/71 the provisions appearing 
at present in heading B, Denmark, point 7, heading G, 
Ireland, point 4 and heading L, United Kingdom, point 
9 which have been rendered superfluous by the inclusion 
of the concept of benefits of the same kind within the 
meaning of Chapter 3 of Title III of the Regulation; 
Whereas it would be pointless to impose on the 
competent Danish institution the application of the 
provisions of Regulations (EEC) No 1408/71 and (EEC) 
No 574/72, which protect migrant workers and their 
dependants against adverse effects of the joint 
application of provisions concerning reduction, 
suspension or withdrawal by two or more Member States 
in the case of overlapping of benefits of a different kind 
since a guarantee of this kind is already provided for in 
Danish legislation; 
Whereas, in view of the particular nature of Danish 
legislation as regards pensions, it is necessary to include 
a provision in heading D, Denmark, of Annex VI of 
Regulation (EEC) No 1408/71 designed to extend, for 
the purpose of the application of Danish legislation, the 
concept of benefits of the same kind within the meaning 
of Chapter 3 of Title III of the Regulation; 
Whereas it is necessary to include in Annex VI of Regu­
lation (EEC) No 1408/71 provisions in heading D, 
Spain, heading E, France, and heading J, the 
Netherlands, for the purpose of specifying the methods of assimilation of certain insurance conditions for the 
acquisition, retention or recovery of the right to benefits 
referred to in Article 45 of the Regulation for Spain, 
France and the Netherlands; 
Whereas it is necessary to include a provision in heading 
D, Spain, of Annex VI of Regulation (EEC) No 
1408/71 for the purpose of specifying the methods of 
applying Article 47 of the Regulation for Spain; 
Whereas it is necessary, with a view to the particular 
nature of Greek legislation, to insert a provision in 
Annex VI, heading F, Greece, for the purpose of 
avoiding a situation in which the application of Article 
49 (2) of the Regulation could have unfavourable conse­
quences for employed persons who had been insured in 
Greece; 
Whereas, as a consequence of an amendment to 
Netherlands legislation, point 4 of heading J, the 
Netherlands, of Annex VI of Regulation (EEC) No 
1408/71 should be adapted; 
Whereas it is necessary to amend the text of Article 15 
(1) and of Articles 35, 39, 46, 47, 48, 49 and 107 of 
Regulation (EEC) No 574/72 for the purpose of taking 
account of amendments made by this Regulation; 
Whereas the provisions provided for by Article 7 (1) (b) 
and (c) of Regulation (EEC) No 574/72 should be 
deleted as they have become superfluous in relation to 
new Articles 46 and 46c of Regulation (EEC) No 
1408/71; 
Whereas it is necessary to amend paragraph 1 of Article 
7 of Regulation (EEC) No 574/72 by including a limit 
to the application of rules against overlapping, in 
particular in the case of mutual reduction, suspension or 
withdrawal of two or more benefits; 
Whereas it is necessary to insert in paragraph 2 of Article 
7 of Regulation (EEC) No 574/72 a reference to new 
Article 46a, 46b and 46c of Regulation (EEC) No 
1408/71, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The preambles to Regulation (EEC) No 1408/71 shall 
be amended as follows: 
1. The seventh preamble shall be replaced by the 
following: 
'Whereas the provisions for coordination adopted for 
the implementation of Article 51 of the Treaty must 
guarantee to workers who move within the 
Community their accrued rights and advantages;' 
11. 8. 89 Official Journal of the European Communities No C 206/5 
2. The eighth preamble shall be deleted. 
Article 2 
Regulation (EEC) No 1408/71 shall be amended as 
follows: 
1. Article 12 (2) shall be replaced by the following: 
'2. Save as otherwise provided in this Regulation, 
the provisions of the legislation of a Member State 
governing the reduction, suspension or withdrawal of 
benefits in cases of overlapping with other social 
security benefits or any other form of income may be 
invoked even where the right to such benefits was 
acquired under the legislation of another Member 
State or where such income is acquired in the 
territory of another Member State.' 
2. Chapter 2 of Title III shall be replaced by the 
following: 
'CHAPTER 2 
INVALIDITY 
Section 1 
Employed persons or self-employed persons subject 
only to legislations under which the amount of inval­
idity benefits is independent of the duration of periods 
of insurance 
Article 37 
General provisions 
1. An employed person or a self-employed person 
who has been successively or alternately subject to the 
legislations of two or more Member States and who 
has completed periods of insurance exclusively under 
legislations according to which the amount of inva­
lidity benefits is independent of the duration of 
periods of insurance shall receive benefits in 
accordance with the provisions of Article 39. This 
Article shall not affect pension increases or income 
support in respect of children, granted in accordance 
with the provisions of Chapter 8. 
2. Annex IV-A lists legislations of the kind 
mentioned in paragraph 1 which are in force in the 
territory of each of the Member States concerned. 
Article 38 
Taking account of periods of insurance or of residence 
completed under the legislations to which an employed 
person or a self-employed person was subject for the 
acquisition, retention or recovery of the right to benefits 
1. Where the legislation of a Member State makes 
the acquisition, retention or recovery of the right to 
benefits, under a scheme which is not a special scheme within the meaning of paragraphs 2 or 3, 
subject to the completion of periods of insurance or 
of residence, the competent institutions of that 
Member State shall take account, where necessary, of 
the periods of insurance or of residence completed 
under the legislation of any other Member State, be it 
under a general scheme or under a special scheme and 
either as an employed person or as a self-employed 
person. For that purpose, it shall take account of 
these periods as if they had been completed under its 
own legislation. 
2. Where the legislation of a Member State makes 
the granting of certain benefits conditional upon the 
periods of insurance having been completed only in 
an occupation which is subject to a special scheme for 
employed persons or, where appropriate, in a specific 
employment, periods completed under the legislations 
of other Member States shall be taken into account 
for the granting of these benefits only if completed 
under a corresponding scheme or, failing this, in the 
same occupation or, where appropriate, in the same 
employment. 
If, account having been taken of the periods thus 
completed, the person concerned does not satisfy the 
conditions for receipt of these benefits, these periods 
shall be taken into account for the granting of the 
benefits under the general scheme or, failing this, 
under the scheme applicable to manual or clerical 
workers, as appropriate, subject to the condition that 
the person concerned has been affiliated to one or 
other of these schemes, as appropriate. 
3. Where the legislation of a Member State makes 
the granting of certain benefits conditional upon the 
periods of insurance having been completed only in 
an occupation subject to a special scheme for self-
employed persons, periods completed under the legis­
lations of other Member States shall be taken into 
account for the granting of these benefits only if 
completed under a corresponding scheme or, failing 
this, in the same occupation. The special schemes for 
self-employed persons referred to in this paragraph 
are listed in Annex IV-B for each Member State 
concerned. 
If, account having been taken of the periods thus 
completed, the person concerned does not satisfy the 
conditions for receipt of these benefits, these periods 
shall be taken into account for the granting of the 
benefits under the general scheme or, failing this, 
under the scheme applicable to manual or clerical 
workers, as appropriate, subject to the condition that 
the person concerned has been affiliated to one or 
other of these schemes, as appropriate. 
No C 206/6 Official Journal of the European Communities 11. 8. 89 
Article 39 
Award of benefits 
1. The institution of a Member State, whose legis­
lation was applicable at the time when incapacity for 
work followed by invalidity occurred, shall determine, 
in accordance with that legislation, whether the per­
son concerned satisfies the conditions for entitlement 
to benefits, taking account, where appropriate, of the 
provisions of Article 38. 
2. A person who satisfies the conditions referred to 
in paragraph 1 shall receive the benefits only from the 
said institution, in accordance with the provisions of 
the legislation which it administers. 
3. A person who is not entitled to benefits under 
paragraph 1 shall receive the benefits to which he is 
still entitled under the legislation of another Member 
State taking account, where appropriate, of the 
provisions of Article 38. 
4. If the legislation referred to in paragraphs 2 or 3 
provides that the amount of the benefits shall be 
determined taking into account the existence of 
members of the family (other than the children), the 
competent institution shall also take into 
consideration those members of the family of the 
person concerned who are residing in the territory of 
another Member State, as if they were residing in the 
territory of the competent State. 
5. If the legislation referred to in paragraph 2 or 3 
lays down provisions for the reduction, suspension or 
withdrawal of benefits in the case of overlapping with 
other income or with benefits of a different kind 
within the meaning of Article 46a (2), Article 46a (3) 
and Article 46c (5) shall apply mutatis mutandis. 
6. A wholly unemployed employee to whom the 
provisions of Article 71 (1) (a) (ii) or of the first 
sentence of Article 71 (1) (b) (ii) apply shall receive 
the invalidity benefits provided by the competent 
institution of the Member State on whose territory he 
resides, in accordance with the legislation which it 
administers, as though he had been subject to that 
legislation during his last employment, account being 
taken, where appropriate, of the provisions of Article 
38 and/or Article 25 (2). The institution of the 
country of residence shall be responsible for paying 
these benefits. 
Section 2 
Employed persons or self-employed persons subject 
either only to legislations under which the amount of 
invalidity benefit depends on the duration of periods 
of insurance or residence or to legislations of this type 
and of the type referred to in Section 1 Article 40 
General provisions 
1. An employed person or a self-employed person 
who has been successively or alternately subject to the 
legislations of two or more Member States, of which 
at least one is not of the type referred to in Article 37 
(1), shall receive benefits under the provisions of 
Chapter 3, which shall apply, mutatis mutandis, taking 
into account the provisions of paragraph 4. 
2. However, an employed or self-employed person 
who suffers incapacity for work followed by invalidity 
while subject to a legislation listed in Annex IV-A 
shall receive benefits in accordance with the 
provisions of Article 37 (1) on the following 
conditions: 
— that he satisfies the conditions of that legislation 
or other legislations of the same type, taking 
account where appropriate of the provisions of 
Article 38, but without having recourse to periods 
of insurance completed under legislations not 
listed in Annex IV-A, and 
— that he does not satisfay the conditions required 
for the acquirement of the right to invalidity 
benefits under a legislation not listed in Annex 
IV-A, and 
— that he does not assert any claims to old-age 
benefits, account being taken of the provisions of 
the second sentence of Article 44 (2). 
3. (a) For the purpose of determining the right to 
benefits under the legislation of a Member 
State, listed in Annex IV-A, which makes the 
granting of invalidity benefits conditional upon 
the person concerned having received cash 
sickness benefits or having been incapable of 
work during a specified period, where an 
employed person or a self-employed person 
who has been subject to that legislation suffers 
incapacity for work followed by invalidity 
while subject to the legislation of another 
Member State, account shall be taken of the 
following, without prejudice to Article 37 (1): 
(i) any period during which, in respect of that 
incapacity for work, he has, under the 
legislation of the second Member State, 
received cash sickness benefits or, in lieu 
thereof, continued to receive a wage or 
salary, 
(ii) any period during which, in respect of the 
invalidity which followed that incapacity 
for work, he has received benefits within 
the meaning of Chapters 2 and 3 of Title 
III of the Regulation granted in respect of 
invalidity under the legislation of the 
second Member State, 
11. 8. 89 Official Journal of the European Communities No C 206/7 
as if it were a period during which cash 
sickness benefits were paid to him under the 
legislation of the first Member State or during 
which he was incapable of working within the 
meaning of that legislation. 
(b) The right to invalidity benefits under the legis­
lation of the first Member State shall be 
acquired either upon expiry of the preliminary 
period of compensation for sickness as 
required by that legislation or upon expiry of 
the preliminary period of incapacity for work 
as required by that legislation, but not before: 
(i) the date of acquisition of the right to inva­
lidity benefits referred to in paragraph (a) 
(ii) under the legislation of the second 
Member State; or 
(ii) the day following the last day on which 
the person concerned is entitled to cash 
sickness benefits under the legislation of 
the the second Member State. 
4. A decision taken by an institution of a Member 
State concerning the degree of invalidity of a claimant 
shall be binding on the institution of any other 
Member State concerned, provided that the 
concordance between the legislations of these States 
on conditions relating to the degree of invalidity is 
acknowledged in Annex V. 
Section 3 
Aggravation of invalidity 
Article 41 
1. In the case of aggravation of an invalidity for 
which an employed person or a self-employed person 
is receiving benefits under the legislation of a single 
Member State, the following provisions shall apply: 
(a) if the person concerned has not been subject to 
the legislation of another Member State since 
receiving benefits, the competent institution of the 
first State shall grant the benefits, taking the 
aggravation into account, in accordance with the 
provisions of the legislation which it administers; 
(b) if the person concerned has been subject to the 
legislation of one or more of the other Member 
States since receiving benefits, the benefits shall be 
granted to him, taking the aggravation into 
account, in accordance with the provisions of 
Article 37 (1) or 40 (1) or (2), as appropriate; (c) if the total amount of the benefit or benefits 
payable under the provisions of subparagraph (b) 
is lower than the amount of the benefit which the 
person concerned was receiving at the expense of 
the institution previously liable for payment, such 
institution shall pay him an income support equal 
to the difference between the two amounts; 
(d) if, in the case referred to in subparagraph (b), the 
institution responsible for the initial incapacity is a 
Netherlands institution, and if: 
(i) the illness which caused the aggravation is 
the same as the one which gave rise to the 
granting of benefits under Netherlands legis­
lation; 
(ii) this illness is an occupational disease within 
the meaning of the legislation of the Member 
State to which the person concerned was last 
subject and entitles him to payment of the 
income support referred to in Article 60 (1) 
(b); and 
(iii) the legislation or legislations to which the 
person concerned has been subject since 
receiving benefits is or are listed in Annex 
IV-A, 
the Netherlands institution shall continue to 
provide the initial benefit after the aggravation 
occurs, and the benefit due under the legislation 
of the last Member State to which the person 
concerned was subject shall be reduced by the 
amount of the Netherlands benefit; 
(e) if, in the case referred to in subparagraph (b), the 
person concerned is not entitled to benefits at the 
expense of an institution of another Member 
State, the competent institution of the first State 
shall grant the benefits, according to the 
provisions of the legislation of that State, taking 
into account the aggravation and, where appro­
priate, the provisions of Article 38. 
2. In the case of aggravation of an invalidity for 
which an employed person or a self-employed person 
is receiving benefits under the legislation of two or 
more Member States, the benefits shall be granted to 
him, taking the aggravation into account, in 
accordance with the provisions of Article 40 (1). 
Section 4 
Resumption of provision of benefits after suspension 
or withdrawal — Conversion of invalidity benefits into 
old-age benefits — Recalculation of benefits granted 
under Article 39 
Article 42 
Determination of the institution responsible for the provision 
of benefits where provision of invalidity benefits is resumed 
1. If provision of benefits is to be resumed after 
suspension, such provision shall, without prejudice to 
the provisions of Article 43, be the responsibility of 
the institution or institutions which were responsible 
for provision of the benefits at the time of their 
suspension. 
No C 206/8 Official Journal of the European Communities 11. 8. 89 
2. If, after withdrawal of benefits, the condition of 
the person concerned warrants the granting of further 
benefits, they shall be granted in accordance with the 
provisions of Article 37 (1) or 40 (1) or (2), as appro­
priate. 
Article 43 
Conversion of invalidity benefits into old-age benefits — 
Recalculation of benefits granted under Article 39 
1. Invalidity benefits shall be converted into 
old-age benefits, where appropriate, under the 
conditions laid down by the legislation or legislations 
under which they were granted, and in accordance 
with the provisions of Chapter 3. 
2. Where a person receiving invalidity benefits can 
establish a claim to old-age benefits under the legis­
lation of one or more Member States, in accordance 
with the provisions of Article 49, any institution 
which is responsible for providing invalidity benefits 
under the legislation of a Member State shall continue 
to provide such person with the invalidity benefits to 
which he is entitled under the legislation which it 
administers until the provisions of paragraph 1 
become applicable as regards that institution or so 
long as the person concerned fulfils the qualifying 
conditions for such benefits. 
3. Where invalidity benefits granted in accordance 
with the provisions of Article 39 under the legislation 
of a Member State are converted into old-age benefits 
and where the person concerned does not yet satisfy 
the conditions required by one or more national legis­
lations to receive these benefits, the person concerned 
shall receive from this or these Member States, from 
the date of the conversion, invalidity benefits granted 
in accordance with the provisions of Chapter 3 as if 
this Chapter had been applicable at the time when his 
incapacity for work leading to invalidity occurred, 
until the person concerned satisfies the qualifying 
conditions for old-age benefit laid down by the 
national legislation or legislations concerned or, 
where such conversion is not provided for, as long as 
he has a right to invalidity benefits under the legis­
lation or legislations concerned. 
4. The invalidity benefits provided under Article 39 
shall be recalculated as soon as the beneficiary 
satisfies the qualifying conditions for invalidity 
benefits laid down by a legislation not listed in Annex 
IV-A or as soon as he receives old-age benefits under 
the legislation of another Member State.' 3. Chapter 3 of Title III shall be replaced by the 
following text: 
'CHAPTER 3 
OLD AGE AND DEATH (PENSIONS) 
Article 44 
General provisions for the award of benefits where an 
employed or self-employed person has been subject to the 
legislation of two or more Member States 
1. The rights to benefits of an employed or self-
employed person who has been subject to the legis­
lation of two or more Member States, or of his 
survivors, shall be determined in accordance with the 
provisions of this chapter. 
2. Save as otherwise provided in Article 49, the 
processing of a claim for an award submitted by the 
person concerned shall have regard to all the legis­
lations to which the employed or self-employed 
person has been subject. Exception shall be made to 
this rule if the person concerned expressly asks for 
postponement of the award of old-age benefits to 
which he would be entitled under the legislation of 
one or more Member States. 
3. This chapter shall not apply to increases in 
pensions or to income supports for pensions in respect 
of children or to orphans' pensions granted in 
accordance with the provisions of Chapter 8. 
Article 45 
Consideration of periods of insurance or of residence 
completed under the legislations to which an employed 
person or a self-employed person was subject, for the 
acquisition, retention or recovery of the right to benefits. 
1. Where the legislation of a Member State makes 
the acquisition, retention or recovery of the right to 
benefits, under a scheme which is not a special 
scheme within the meaning of paragraphs 2 or 3, 
subject to the completion of periods of insurance or 
of residence, the competent institution of that 
Member State shall take account, where necessary, of 
the periods of insurance or of residence completed 
under the legislation of any other Member State, be it 
under a general scheme or under a special scheme and 
either as an employed person or as a self-employed 
person. For that purpose, it shall take account of 
these periods as if they had been completed under its 
own legislation. 
11. 8. 89 Official Journal of the European Communities No C 206/9 
2. Where the legislation of a Member State makes 
the granting of certain benefits conditional upon the 
periods of insurance having been completed only in 
an occupation which is subject to a special scheme for 
employed persons or, where appropriate, in a specific 
employment, periods completed under the legislations 
of other Member States shall be taken into account 
for the granting of these benefits only if completed 
under a corresponding scheme or, failing this, in the 
same occupation or, where appropriate, in the same 
employment. If, account having been taken of the 
periods thus completed, the person concerned does 
not satisfy the conditions for receipt of these benefits, 
these periods shall be taken into account for the 
granting of the benefits under the general scheme or, 
failing this, under the scheme applicable to manual or 
clerical workers, as appropriate, subject to the 
condition that the person has been affiliated to one or 
other of these schemes, as appropriate. 
3. Where the legislation of a Member State makes 
the granting of certain benefits conditional upon the 
periods of insurance having been completed only in 
an occupation subject to a special scheme for self-
employed persons, periods completed under the legis­
lations of other Member States shall be taken into 
account for the granting of these benefits only if 
completed under a corresponding scheme or, failing 
this, in the same occupation. The special schemes for 
self-employed persons referred to in this paragraph 
are listed in Annex IV-B. If, account having been 
taken of the periods thus completed, the person 
concerned does not satisfy the conditions for receipt 
of these benefits, these periods shall be taken into 
account for the granting of the benefits under the 
general scheme or, failing this, under the scheme 
applicable to manual or clerical workers, as appro­
priate, subject to the condition that the person 
concerned has been affiliated to one or other of these 
schemes, as appropriate. 
4. The periods of insurance completed under a 
special scheme of a Member State shall be taken into 
account under the general scheme or, failing this, 
under the scheme applicable to manual or clerical 
workers, as appropriate, of another Member State for 
the acquisition, retention or recovery of the right to 
benefits, subject to the condition that the person 
concerned has been affiliated to one or other of these 
schemes, even if these periods have already been 
taken into account in the latter State under a scheme 
referred to in paragraph 2 or in the first sentence of 
paragraph 3. 
5. Where the legislation of a Member State makes 
the acquisition, retention or recovery of the right to 
benefits conditional upon the person concerned being 
insured at the time of the realization of the risk, this 
condition shall be regarded as having been satisfied in 
the case of insurance under the legislation of another 
Member State, in accordance with the procedures 
provided for in Annex VI for each Member State 
concerned. Article 46 
Award of benefits 
1. Where the conditions required by the legislation 
of a Member State for entitlement to benefits have 
been satisfied without having to apply the provisions 
of Article 45 or of Article 40 (3), the following rules 
shall apply: 
(a) the competent institution shall calculate the 
amount of the benefit that would be due: 
(i) on the one hand, only under the provisions of 
the legislation which it administers; 
(ii) on the other hand, in application of the 
provisions of paragraph 2; 
(b) the competent institution may, however, waive the 
calculation to be carried out in accordance with 
the provisions of (a) (ii) if the result of this calcu­
lation, apart from differences arising from the use 
of round figures, is equal to or lower than the 
result of the calculation carried out in accordance 
with the provisions of (a) (i), in so far as this 
institution does not apply any legislation 
containing rules against overlapping as referred to 
in Articles 46b and 46c or if the aforementioned 
institution applies a legislation containing rules 
against overlapping in the case referred to in 
Article 46c provided that the said legislation lays 
down that benefits of a different kind shall be 
taken into consideration only in proportion to the 
periods of insurance or of residence completed 
only under this legislation. 
In Section C of Annex IV mention is made for 
each Member State concerned of the case where 
the two calculations could lead to a result of this 
kind. 
2. Where the conditions required by the legislation 
of a Member State for entitlement to benefits are 
satisfied only after application of the provisions of 
Article 45 and/or of those of Article 40 (3), the 
following rules shall apply: 
(a) the competent institution calculates the theoretical 
amount of the benefit to which the person 
concerned can lay claim provided all periods of 
insurance and/or of residence, which have been 
completed under the legislation of the Member 
States to which the employed person or self-
employed person was subject, have been 
completed in the State in question under the legis­
lation which it administers on the date of the 
award of the benefit. If, under this legislation, the 
amount of the benefit is independent of the 
duration of the periods completed, the amount 
shall be regarded as being the theoretical amount 
referred to in this paragraph; 
(b) the competent institution subsequently determines 
- the actual amount of the benefit on the basis of 
the theoretical amount referred to in the 
preceding paragraph in accordance with the ratio 
of the duration of the periods of insurance or of 
residence completed before the realization of the 
risk under the legislation which it administers to 
the total duration of the periods of insurance and 
of residence completed before the realization of 
the risk under the legislation of all the Member 
States concerned. 
No C 206/10 Official Journal of the European Communities 11. 8. 89 
3. The person concerned is entitled to the highest 
amount calculated in accordance with the provisions 
of paragraphs 1 and 2 from the competent institution 
of each Member State without prejudice to any 
application of the provisions concerning reduction, 
suspension or withdrawal provided for by the legis­
lations under which this benefit is due. Where this is 
the case, the comparison to be carried out relates to 
the amounts determined after the application of the 
said provisions. 
4. When in a case of invalidity, old-age or 
survivors' pensions, the total of the benefits due from 
the competent institutions of two or more Member 
States, under the provisions of a multilateral social 
security convention referred to in Article 6 (b), is 
lower than the total which would be due from such 
Member States under paragraphs 1 to 3, the person 
concerned shall benefit from the provisions of this 
chapter. 
Article 46a 
General provisions relating to reduction, suspension or with­
drawal applicable to benefits in respect of invalidity, old age 
or survivors under the legislations of the Member States. 
1. For the purposes of this chapter, overlapping of 
benefits of the same kind shall have the following 
meaning: all overlapping of benefits in respect of 
invalidity, old age and survivors calculated or 
provided on the basis of periods of insurance and/or 
residence completed by one and the same person. 
2. For the purposes of this chapter, overlapping of 
benefits of different kinds means all overlapping of 
benefits that cannot be regarded as being of the same 
kind within the meaning of paragraph 1. 
3. The following rules shall be applicable for the 
application of provisions on reduction, suspension or 
withdrawal laid down by the legislation of a Member 
State in the case of overlapping of a benefit in respect 
of invalidity, old age or survivors with a benefit of the 
same kind or a benefit of a different kind or with 
other income: 
(a) account shall be taken of the benefits acquired 
under the legislation of another Member State or 
of other income acquired in another Member 
State only where the legislation of the first 
Member State provides for the taking into 
account of benefits or income acquired abroad; 
(b) account shall be taken of the amount of benefits 
to be granted by another Member State before 
reduction of taxes, social security contributions 
and other individual levies or deductions; (c) no account shall be taken of the amount of 
benefits acquired under the legislation of another 
Member State which are awarded on the basis of 
voluntary insurance or continued optional 
insurance. 
Article 46b 
Special provisions applicable in the case of overlapping of 
benefits of the same kind under the legislation of two or 
more Member States 
1. The provisions on reduction, suspension or with­
drawal laid down by the legislation of a Member 
State shall not be applicable to a benefit calculated in 
accordance with the provisions of Article 46 (2). 
2. The provisions on reduction, suspension or with­
drawal laid down by the legislation of a Member 
State shall apply to a benefit calculated in accordance 
with the provisions of Article 46 (1) (a) (i) only if the 
benefit concerned is: 
(a) either a benefit, which is referred to in Section D 
of Annex IV, the amount of which does not 
depend on the length of the periods of insurance 
or of residence completed; or 
(b) a benefit, the amount of which is calculated on 
the basis of a credited period deemed to have 
been completed between the day on which the 
risk materialized and a later date. In the latter 
case, the said provisions shall apply in the case of 
overlapping of such a benefit: 
(i) either with a benefit of the same kind, except 
where an agreement has been concluded 
between two or more Member States 
providing that one and the same credited 
period may not be taken into account two or 
more times; 
(ii) or with a benefit of the type referred to in (a). 
The benefits and agreements referred to in (b) are 
mentioned in Section D of Annex IV. 
Article 46c 
Special provisions applicable in the case of overlapping of one 
or more benefits referred to in Article 46a (1) with one or 
more benefits of a different kind or with other income, where 
two or more Member States are concerned 
1. If the receipt of benefits of a different kind or 
other income entails the reduction, suspension or 
withdrawal of two or more benefits referred to in 
Article 46 (1) (a) (i), the amounts, which would not be 
paid in strict application of the provisions concerning 
reduction, suspension or withdrawal provided for by 
the legislation of the Member States concerned, shall 
be divided by the number of benefits subject to 
reduction, suspension or withdrawal. 
11. 8. 89 Official Journal of the European Communities No C 206/11 
2. Where the benefit in question is calculated in 
accordance with Article 46 (2), the benefit or benefits 
of a different kind from other Member States or other 
income and all other elements provided for by the 
legislation of the Member State for the application of 
the provisions in respect of reduction, suspension or 
withdrawal shall be taken into account in proportion 
to the periods of insurance referred to in Article 
46 (2) (b), and shall be used for the calculation of the 
said benefit. 
3. If the receipt of benefits of a different kind or of 
other income entails the reduction, suspension or 
withdrawal of one or more benefits referred to in 
Article 46 (1) (a) (i), and of one or more benefits 
referred to in Article 46 (2), the following rules shall 
apply: 
(a) where it is a case of a benefit or benefits referred 
to in Article 46 (1) (a) (i), the amounts which 
would not be paid in strict application of the 
provisions concerning reduction, suspension or 
withdrawal provided for by the legislation of the 
Member States concerned, shall be divided by the 
number of benefits subject to reduction, 
suspension or withdrawal; 
(b) where it is a case of a benefit or benefits 
calculated in accordance with Article 46 (2), the 
reduction, suspension or withdrawal shall be 
carried out in accordance with paragraph 2. 
4. Where, in the case referred to in paragraph 1 
and 3 (a), the legislation of a Member State provides 
that, for the application of provisions concerning 
reduction, suspension or withdrawal, account shall be 
taken of benefits of a different kind and/or other 
income and all other elements in proportion to the 
periods of insurance referred to in Article 46 (2) (b), 
the division provided for in the said paragraphs shall 
not apply in respect of that Member State. 
5. Where the legislation of a Member State makes 
provision for the full withdrawal or suspension of a 
benefit on the grounds that the person concerned 
receives a benefit of a different kind under the legis­
lation of another Member State, the first benefit may 
be reduced only by an amount not in excess of the 
benefit due from the second Member State. 
6. All the abovementioned provisions shall apply, 
mutatis mutandis, where the legislation of one or more 
Member States provides that the right to a benefit 
cannot be acquired in the case where the person 
concerned is in receipt of a benefit of a different kind 
or of other income. Article 47 
Additional provisions for the calculation of benefits 
1. For the calculation of the theoretical and pro 
rata amounts referred to in Article 46 (2), the 
following rules shall apply: 
(a) where the total length of the periods of insurance 
and of residence completed before the risk 
materialized under the legislations of all the 
Member States concerned is longer than the 
maximum period required by the legislation of 
one of these States for receipt of full benefit, the 
competent institution of that State shall take into 
consideration this maximum period instead of the 
total length of the periods completed. This 
method of calculation must not result in the 
imposition on that institution of the cost of a 
benefit greater than the full benefit provided for 
by the legislation which it administers; this 
provision shall not apply to benefits, the amount 
of which does not depend on the length of 
insurance; 
(b) the procedure for taking account of overlapping 
periods is laid down in the Implementing Regu­
lation referred to in Article 98; 
(c) where, under the legislation of a Member State, 
benefits are calculated on the basis of average 
earnings, an average contribution, an average 
increase or on the ratio which existed, during the 
periods of insurance, between the claimant's gross 
earnings and the average gross earnings of all 
insured periods other than apprentices, such 
average figures or ratios shall be determined by 
the competent institution of that State solely on 
the basis of the periods of insurance completed 
under the legislation of the said State, or the 
gross earnings received by the person concerned 
during those periods only; 
(d) where, under the legislation of a Member State, 
benefits are calculated on the basis of the amount 
of earnings, contributions or increases, the 
competent institution of that State shall determine 
the earnings, contributions and increases to be 
taken into account in respect of the periods of 
insurance or residence completed under the legis­
lation of other Member States on the basis of the 
average earnings, contributions or increases 
recorded in respect of the periods of insurance 
completed under the legislation which it admin­
isters; 
(e) where, under the legislation of a Member State, 
benefits are calculated on the basis of standard 
earnings or a fixed amount, the competent 
institution of that State shall consider the 
No C 206/12 Official Journal of the European Communities 11. 8. 89 
standard earnings or the fixed amount to be taken 
into account by it in respect of periods of 
insurance or residence completed under the legis­
lations of other Member States as being equal to 
the standard earnings or fixed amount or, where 
appropriate, to the average of the standard 
earnings or the fixed amount corresponding to 
the periods of insurance completed under its own 
legislation; 
(f) where, under the legislation of a Member State, 
benefits are calculated for some periods on the 
basis of the amount of earnings, and, for other 
periods, on the basis of standard earnings or a 
fixed amount, the competent institution of that 
State shall, in respect of periods of insurance or 
residence completed under the legislations of 
other Member States, take into account the 
earnings or fixed amounts determined in 
accordance with the provisions referred to in (d) 
or (e) or, as appropriate, the average of these 
earnings or fixed amounts, where benefits are 
calculated on the basis of standard earnings or a 
fixed amount for all the periods completed under 
the legislation which it administers, the competent 
institution shall consider the earnings to be taken 
into account in respect of the periods of insurance 
or residence completed under the legislations of 
other Member States as being equal to the 
notional earnings corresponding to the standard 
earnings or fixed amount; 
(g) where, under the legislation of a Member State, 
benefits are calculated on the basis of average 
contributions, the competent institution shall 
determine that average exclusively by reference to 
those periods of insurance completed under the 
legislation of the said State. 
2. The provisions of the legislation of a Member 
State concerning the revalorization of the factors 
taken into account for the calculation of benefits shall 
apply, as appropriate, to the factors to be taken into 
account by the competent institution of that State, in 
accordance with the provisions of paragraph 1, in 
respect of the periods of insurance or residence 
completed under the legislation of another Member 
State. 
3. If, under the legislation of a Member State, the 
amount of benefits is determined taking into account 
the existence of members of the family other than 
children, the competent institution of that State shall 
also take into consideration those members of the 
family of the person concerned who are residing in 
the territory of another Member State as if they were 
residing in the territory of the competent State. 
Article 48 
Periods of insurance or of residence of less than one year 
1. Notwithstanding the provisions of Article 46 (2), 
the institution of a Member State shall not be bound to award benefits in respect of periods completed 
under the legislation it administers, which are taken 
into account when the risk materializes, if: 
— the duration of the said periods does not amount 
to one year, and 
— if under that legislation no right to benefit is 
acquired by virtue only of the provisions of that 
legislation. 
2. The competent institution of each of the 
Member States concerned shall take into account the 
periods referred to in paragraph 1, for the purposes of 
applying the provisions of Article 46 (2) excepting 
those of subparagraph (b). 
3. If the effect of applying the provisions of 
paragraph 1 would be to relieve all the institutions of 
the Member States concerned of their obligations, 
benefits shall be awarded exclusively under the legis­
lation of the last of those States whose conditions are 
satisfied, as if all the periods of insurance and 
residence completed and taken into account in 
accordance with the provisions of Article 45 (1) to (4) 
had been completed under the legislation of that 
State. 
Article 49 
Calculation of benefits where the person concerned does not 
simultaneously satisfy the conditions laid down by all the 
legislations under which periods of insurance or of residence 
have been completed or when he has expressly requested a 
postponement of the award of old-age benefits 
1. If, at a given time, the person concerned does 
not satisfy the conditions laid down for the provision 
of benefits by all the legislations of the Member States 
to which he has been subject, taking into account 
where appropriate the provisions of Article 45 and/or 
Article 40 (3), but satisfies the conditions of one or 
more of them only, the following provision shall 
apply: 
(a) each of the competent institutions administering a 
legislation whose conditions are satisfied shall 
calculate the amount of the benefit due, in 
accordance with the provisions of Article 46; 
(b) however: 
(i) if the person concerned satisfies the 
conditions of at least two legislations without 
having recourse to periods of insurance or 
residence completed under the legislations 
whose conditions are not satisfied, these 
periods shall not be taken into account for the 
purposes of the provisions of Article 46 (2); 
(ii) if the person concerned satisfies the 
conditions of only one legislation without 
having recourse to periods of insurance or 
residence completed under the legislations 
whose conditions are not satisfied, the 
amount of the benefit payable shall be 
11. 8. 89 Official Journal of the European Communities No C 206/13 
calculated in accordance with the provisions 
only of that legislation whose conditions are 
satisfied, taking account of the periods 
completed under that legislation only. 
The provisions of this paragraph shall apply mutatis 
mutandis where the person concerned has expressly 
requested the postponement of the award of old-age 
benefits, in accordance with the provisions of the 
second sentence of Article 44 (2). 
2. The benefit or benefits awarded under one or 
more of the legislations in question, in the case 
referred to in paragraph 1, shall be recalculated auto­
matically in accordance with the provisions of Article 
46, as and when the conditions required by one or 
more of the other legislations to which the person 
concerned has been subject are satisfied, taking into 
account, where appropriate, the provisions of Article 
45 and taking into account once again, where appro­
priate, the provisions of paragraph 1. This paragraph 
shall apply mutatis mutandis where a person requests 
the award of old-age benefits acquired under the 
legislation of one or more Member States which had 
until then been postponed in accordance with the 
provisions of the second sentence of Article 44 (2). 
3. A recalculation shall automatically be made in 
accordance with the provisions of paragraph 1, 
without prejudice to the provisions of Article 40 (2), 
where the conditions required by one or more of the 
legislations concerned are no longer satisfied. 
Article 50 
Award of an income support where the total of benefits 
payable under the legislations of the various Member States 
does not amount to the minimum laid down by the legislation 
of the State in whose territory the recipient resides 
A recipient of benefits to whom this chapter applies 
may not, in the State in whose territory he resides and 
under whose legislation a benefit is payable to him, be 
awarded a benefit which is less than the minimum 
benefit fixed by that legislation for a period of 
insurance or residence equal to all the periods of 
insurance taken into account for the payment in 
accordance with the provisions of the preceding 
Articles. The competent institution of that State shall, 
if necessary, pay him throughout the period of his 
residence on its territory an income support equal to 
the difference between the total of the benefits 
payable under this chapter and the amount of the 
minimum benefit. 
Article 51 
Revalorization and recalculation of benefits 
1. If, by reason of an increase in the cost of living 
or changes in the level of wages or salaries or other 
reasons for adjustment, the benefits of the States 
concerned are altered by a fixed percentage or amount, such percentage or amount must be applied 
directly to the benefits determined under the 
provisions of Article 46, without the need for a 
recalculation in accordance with the provisions of that 
Article. 
2. On the other hand, if the method of determining 
benefits or the rules for calculating benefits should be 
altered, a recalculation shall be carried out in 
accordance with the provisions of Article 46.' 
4. The following new subparagraph (d) shall be added 
to Article 60 (1): 
'The provisions for reduction, suspension or 
withdrawal laid down by the legislation of a Member 
State shall not apply to persons receiving benefits 
awarded by institutions of two Member States in 
accordance with the provisions of subparagraph (b).' 
5. The following Article shall be inserted: 
Article 95a 
Transitional provisions for... application of Regulation 
(EEC) No ... 
1. Under Regulation (EEC) No . .., no right shall 
be acquired for a period prior to . . . (date of entry 
into force of the present regulation). 
2. All insurance periods or periods of residence 
completed under the legislation of a Member State 
before . . . (date of entry into force of the present 
regulation) shall be taken into consideration for the 
determination of rights to benefits under the 
provisions of Regulation (EEC) No .. . 
3. Subject to the provisions of paragraph 1, a right 
shall be acquired under Regulation (EEC) No .. . 
even though relating to a contingency which 
materialized prior to . . . (date of entry into force of 
this regulation). 
4. The rights of a person to whom a pension was 
awarded prior to ... (the date of entry into force of 
this regulation) may, on the application of the person 
concerned, be reviewed, taking into account the 
provisions of Regulation (EEC) No . . . 
5. If an application referred to in paragraph 4 is 
submitted within two years from . . . (the date of entry 
into force of this regulation), the rights acquired 
under Regulation (EEC) No ... shall have effect 
from that date, and the provisions of the legislation of 
any Member State concerning the forfeiture or limi­
tation of rights may not be invoked against the 
persons concerned. 
6. If the application referred to in paragraph 4 is 
submitted after the expiry of the two-year period after 
. . . (the date of entry into force of this regulation), 
rights which have not been forfeited or not barred by 
limitation shall have effect from the date on which the 
application was submitted, except where more 
favourable provisions of the legislation of any 
Member State apply.' 
No C 206/14 Official Journal of the European Communities 11. 8. 89 
6. Annex IV shall be replaced by the following. 
'ANNEX IV 
(Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46b (2) of the Regulation) 
A 
Legislations referred to in Article 37 (1) of the Regulation under which the amount .of invalidity benefits 
is independent of the length of periods of insurance 
A. BELGIUM 
The legislation relating to the general invalidity scheme, to the special invalidity scheme for miners 
and to the special scheme for sailors in the Merchant Navy and the legislation concerning insurance 
against incapacity for work for self-employed persons 
B. DENMARK 
None 
C. GERMANY 
None 
D. SPAIN 
Legislation relating to invalidity insurance under the general scheme and under the special schemes 
E. FRANCE 
1. Employed persons 
All legislations on invalidity insurance, except for the legislation concerning the invalidity 
insurance of the social security scheme for miners 
2. Self-employed persons 
The legislation on invalidity insurance for persons self-employed in agriculture 
F. GREECE 
Legislation relating to the agricultural insurance scheme 
G. IRELAND 
Chapter 10 of Part II of the Social Welfare Consolidation Act — 1981 
H. ITALY 
None 
I. LUXEMBOURG 
None 
J. THE NETHERLANDS 
(a) The Law of 18 February 1966 on insurance against incapacity for work, as amended 
(b) The Law of 11 December 1975 on general insurance against incapacity for work, as amended 
K. PORTUGAL 
None 
11. 8. 89 Official Journal of the European Communities No C 206/15 
L. UNITED KINGDOM 
(a) Great Britain 
Section 15 of the Social Security Act 1975 
Sections 14 to 16 of the Social Security Pensions Act 1975 
(b) Northern Ireland 
Section 15 of the Social Security (Northern Ireland) Act 1975 
Articles 16 to 18 of the Social Security Pensions (Northern Ireland) Order 1975 
B 
Special schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of Regulation 
(EEC) No 1408/71 
A. BELGIUM 
None 
B. DENMARK 
None 
C. GERMANY 
Old-age insurance for farmers (Altershilfe fur Landwirte) 
D. SPAIN 
Scheme for lowering the retirement age of self-employed persons engaged in seafaring activities as 
described in Royal Decree No 2309 of 23 July 1970 
E. FRANCE 
None 
F. GREECE 
None 
G. IRELAND 
None 
H. ITALY 
Pension insurance schemes for (Assicurazione pensioni per): 
— medical practitioners (medici) 
— pharmacists (farmacisti) 
— veterinarians (veterinari) 
— midwives (ostetriche) 
— engineers and architects (ingegneri ed architetti) 
— surveyors (geometri) 
— solicitors and barristers (awocati e procuratori) 
— economists (dottori commercialisti) 
— accountants and industrial experts (ragionieri e periti commerciali) 
— employment experts (consulenti del lavoro) 
— notaries (notai) 
— customs agents (spedizionieri doganali) 
No C 206/16 Official Journal of the European Communities 11. 8. 89 
I. LUXEMBOURG 
None 
J. THE NETHERLANDS 
None 
K. PORTUGAL 
None 
L. UNITED KINGDOM 
None 
C 
Cases referred to in Article 46 (1) (b) of the Regulation where the calculation of benefit in accordance 
with Article 46 (2) of the Regulation may be waived 
A. BELGIUM 
None 
B. DENMARK 
All applications for pensions referred to in the law on social pensions, except for pensions mentioned 
in Section D of Annex IV 
C. GERMANY 
None 
D. SPAIN 
None 
E. FRANCE 
None 
F. GREECE 
None 
G. IRELAND 
All applications for retirement pensions, contributory old-age pensions and widowhood pensions 
H. ITALY 
Invalidity, retirement and survivors' pensions for employed persons and for the following categories 
of self-employed persons: farmers farming directly, share-croppers, farmers, craftsmen and persons 
engaged in commerical activities 
I. LUXEMBOURG 
None 
J. THE NETHERLANDS 
All applications for old-age pensions under the law of 31 May 1956 governing general old-age 
insurance, as amended 
K. PORTUGAL 
Invalidity, old-age and widowhood pensions 
L. UNITED KINGDOM 
All claims for retirement pension and widow's pension determined under the provisions of Chapter 3 
of Title III of the Regulation except those in respect of which, in any relevant income tax year 
commencing on or after 6 April 1975, the person concerned has completed periods of insurance, 
employment or residence both under the legislation of the United Kingdom and under that of 
another Member State 
11. 8. 89 Official Journal of the European Communities No C 206/17 
D 
Benefits and agreements referred to in Article 46b (2) of the Regulation 
1. Benefits referred to in Article 46b (2) (a) of the Regulation, the amount of which is independent of 
the length of periods of insurance or residence completed: 
(a) The invalidity benefits provided for by the legislations referred to in Part A of this Annex, except 
for the benefits provided for by Greek legislation relating to the agricultural insurance scheme; 
(b) The full Danish national old-age pension acquired after 10 years' residence by persons who will 
have been awarded a pension by 1 October 1989 at the latest; 
(c) The Netherlands widows' pension under the law of 9 April 1959 governing the general insurance 
for widows and orphans, as amended; 
(d) The Spanish survivors' pensions granted under the general and special schemes. 
2. Benefits referred to in Article 46b (2) (b) of the Regulation, the amount of which is determined by 
reference to a credited period deemed to have been completed between the date on which the risk 
materialized and a later date: 
(a) Danish early-retirement pensions, the amount of which is determined in accordance with 
legislation in force before 1 October 1984; 
(b) The German invalidity and survivors' pensions for which account is taken of a supplementary 
period and German old-age pensions for which account is taken of a supplementary period 
already acquired; 
(c) The Luxembourg invalidity and survivors' pensions; 
(d) The Italian pensions for total incapacity for work ('inabilita'). 
3. Agreements referred to in Article 46 (2) (b) (i) of the Regulation intended to prevent the same 
credited period being taken into account two or more times: 
Agreement of 20 July 1978 between the Government of the Grand Duchy of Luxembourg and the 
Government of the Federal Republic of Germany concerning various social security matters.' 
7. Annex VI shall be amended as follows: 
(a) The heading B (Denmark) shall be amended as follows: 
(i) Paragraph 7 shall be replaced by the following text: 
'The provisions of Article 46c (1) and (3) of the Regulation and of Article 7 (1) of the 
Implementing Regulation shall not be applied to pensions awarded in the context of Danish 
legislation.' 
(ii) Paragraph 9 shall be replaced by the following text: 
'Where the beneficiary of a Danish retirement pension or early retirement pension is also 
entitled to a survivor's pension from another Member State, these pensions, for the implemen­
tation of Danish legislation, shall be regarded as benefits of the same kind within the meaning 
of Article 46a (1) of the Regulation, subject to the condition, however, that the person whose 
periods of insurance or of residence serve as the basis for the calculation of the survivor's 
pension has also completed periods of residence in Denmark.' 
(b) Under heading D (Spain) the following new paragraphs should be added: 
'3. Any employed person or self-employed person who is no longer insured under Spanish legis­
lation shall be considered to be still insured when the risk materializes, for the purposes of the 
implementation of the provisions of Chapter 3 of Title III of the Regulation, if he is insured 
under the legislation of another Member State at the time of materialization of the risk or, 
failing that, in the case where a benefit is due, in pursuance of the legislation of another 
Member State for the same risk. The latter condition shall be deemed to have been fulfilled, 
however, in the case referred to in Article 48 (1). 
No C 206/18 Official Journal of the European Communities 11. 8. 89 
4. (a) Under Article 47 of the Regulation, the calculation of the theoretical Spanish benefit shall 
be carried out on the basis of the actual contributions of the insured person during the 
years immediately preceding payment of the last contribution to the Spanish social security. 
(b) The amount of the pension obtained shall be increased by the amount of the increases and 
revalorizations calculated for each year after and up to the year preceding the realization of 
the risk for pensions of the same kind.' 
(c) Under heading E (France), the following new paragraph 7 should be added: 
'Any employed person who is no longer subject to French legislation governing widowhood 
insurance shall be deemed to have the status of an insured person under such legislation when the 
risk materializes, for the purposes of the implementation of the provisions of Chapter 3 of Title III 
of the Regulation, if that person is insured as an employed person under the legislation of another 
Member State at the time of the materialization of the risk or, failing that, in the case where a 
survivor's benefit is due in pursuance of the legislation on employed persons of another Member 
State. This condition shall be deemed to have been fulfilled, however, in the case referred to in 
Article 48 (1).' 
(d) Under heading F (Greece), the following new point 4 shall be added: 
'In the context of Greek legislation, the application of Article 49 (2) of the Regulation is subject to 
the condition that the new calculation referred to in the aforementioned Article shall not adversely 
affect the interests of the person concerned.' 
(e) Under heading G (Ireland) 
(i) point 4 shall be deleted; 
(ii) points 5 to 8 shall consequently be renumbered. 
(f) Heading J (The Netherlands) shall be amended as follows: 
(i) point 3 shall be replaced by the following text: 
' (a) Any employed person or self-employed person who is no longer subject to the 
Netherlands legislation governing widowhood insurance shall be deemed to be insured 
under such legislation when the risk materializes, for the purposes of the implementation 
of the provisions of Chapter 3 of Title III of the Regulation, if that person is insured 
under the legislation of another Member State for the same risk or, failing that, in the case 
where a survivor's benefit is due in pursuance of the legislation of another Member State. 
The latter condition shall be deemed to have been fulfilled, however, in the case referred 
to in Article 48 (1). 
(b) Where in application of subparagraph (a) of this paragraph, a widow has the right to a 
widow's pension under Netherlands legislation relating to general insurance for widows 
and for orphans, that pension shall be calculated in accordance with the provisions of 
Article 46 (2) of the Regulation.' 
For the application of these provisions, the periods of insurance completed before 1 
October 1959 during which the employed person or self-employed person resided on the 
territory of the Netherlands before attaining the age of 15 years or during which, while 
still resident on the territory of another Member State, he carried out a gainful activity in 
the Netherlands for an employer established in that country, shall also be regarded as 
periods of insurance completed under the aforementioned Netherlands legislation.' 
(c) Account shall not be taken of the periods to be taken into consideration under the 
provisions of subparagraph (b), which coincide with periods of insurance completed under 
the legislation of another Member State in respect of survivors' pensions.' 
(ii) Paragraph 4 shall be replaced by the following text: 
'(a) Any employed person or self-employed person who is no longer insured under the Law of 
18 February 1966 relating to insurance against incapacity for work (WAO) and/or under 
the Law of 11 December 1975 relating to incapacity for work (AAW) shall be considered 
to be still insured at the time of the materialization of the risk for the purposes of the 
implementation of the provisions of Chapter 3 of Title III of the Regulation, if he is 
insured for the same risk under the legislation of another Member State or, failing that, in 
the case where a benefit is due under the legislation of another Member State for the same 
risk. The latter condition shall be considered to be fulfilled, however, in the case referred 
to in Article 48 (1). 
(b) If in application of subparagraph (a) of this paragraph, the person concerned is entitled to 
a Netherlands invalidity benefit, that benefit shall be awarded in accordance with rules 
laid down by Article 46 (2) of the Regulation: 
11. 8. 89 Official Journal of the European Communities No C 206/19 
(i) in accordance with the provisions laid down by the abovementioned law of 18 
February 1966 (WAO), if, at the time of occurrence of the incapacity for work he had 
been insured for the same risk under the legislation of another Member State as an 
employed person within the meaning of Article 1 (a) of the Regulation; 
(ii) in accordance with the provisions laid down by the abovementioned law of 11 
December 1975 (AAW), if the person concerned at the time when the incapacity for 
work arose: 
— was insured for the risk under the legislation of another Member State but not in 
the capacity of employed person within the meaning of Article 1 (a) of the Regu­
lation, or 
— was not insured for the risk under the legislation of another Member State, but 
can assert a claim to benefits under the legislation of another Member State. 
If the amount of the benefit calculated in application of the provision laid down in (i) 
is less than that resulting from the application of the provision laid down in (ii), the 
last-mentioned benefit shall be payable. 
(c) For the calculation of the benefits awarded in accordance with the abovementioned law of 
18 February 1966 (WAO) or in accordance with the abovementioned law of 11 December 
1975 (AAW), the Netherlands institutions shall take account of: 
— periods of paid employment and periods treated as such completed in the Netherlands 
before 1 July 1967, 
— periods of insurance completed under the abovementioned law of 18 February 1966 
(WAO), 
— periods of insurance completed under the abovementioned law of 11 December 1975 
(AAW) in so far as these do not coincide with the periods of insurance completed 
under the abovementioned law of 18 February 1966 (WAO). 
(d) For the calculation of the Netherlands invalidity benefit in application of Article 40 (1) of 
the Regulation, the Netherlands institutions do not take account of any supplements to be 
awarded under the provisions of the Law on supplements. The right to that supplement 
and the amount thereof are calculated only on the basis of the provisions of the Law on 
supplements.' 
(g) In heading L (United Kingdom): 
(i) point 9 shall be deleted; 
(ii) points 10 to 15 shall consequently be renumbered. 
Article 3 3. The title of Article 35 shall read as follows: 
Regulation (EEC) No 574/72 shall be amended as 
follows: 
1. Article 7 shall be replaced by the following text: 
'1. Where the benefits due under the legislation of 
two or more Member States are conditional upon 
mutual reductions, suspensions or withdrawals, the 
amounts which would not be paid in strict application 
of the provisions concerning reduction, suspension or 
withdrawal provided for by the legislation of the 
Member States concerned, shall be divided by the 
number of benefits subject to reduction, suspension or 
withdrawal. 
2. In order to implement the provisions of Article 
12 (2), (3) and (4), of Article 46a, of Article 46b and 
Article 46c of the Regulation, the competent 
institutions concerned shall provide each other, at 
their own request, with all appropriate information.' 
2. In Article 15 (1) (a), the words 'and Article 46 (2) (c) 
of the Regulation' shall be replaced by 'and Article 47 
(1) (a) of the Regulation'. 'Applications for invalidity benefits where an employed 
person or a self-employed person has been subject only to the 
legislations mentioned in Part A of Annex IV to the Regu­
lation and also in the case referred to in Article 40 (2) of the 
Regulation'. 
4. The title of Article 39 shall read as follows: 
'Investigation of applications for invalidity benefits where an 
employed person or a self-employed person has been subject 
only to the legislations mentioned in Part A of Annex IV to 
the Regulation. 
5. Article 46 shall read as follows: 
'Amounts due for periods of voluntary insurance or 
optional continued insurance, which must not be 
taken into consideration under the provisions of 
Article 15 (1) (b) of the implementing Regulation. 
For the calculation of the theoretical amount and of 
the actual amount of the benefit in accordance with 
the provisions of Article 46 (2) (a) and (b) of the 
Regulation, the rules laid down in the provisions of 
Article 15 (1) (b), (c) and (d) of the implementing 
Regulation shall be applicable. 
No C 206/20 Official Journal of the European Communities 11. 8. 89 
The amount actually due, calculated in accordance 
with the provisions of Article 46 (2) of the Regu­
lation, shall be increased by the amount which corre­
sponds to the periods of voluntary or optional 
continued insurance, which have not been taken into 
account under the provisions of Article 15 (1) (b) of 
the implementing Regulation. This increase shall be 
calculated in accordance with the provisions of the 
Member State's legislation under which the periods 
of voluntary insurance or of optional continued 
insurance have been completed. 
The comparison referred to in Article 46 (3) of the 
Regulation must be made bearing the aforesaid 
increase in mind.' 
6. Article 47 shall read as follows: 
'Calculation of the amounts due corresponding to the periods 
of voluntary or optional continued insurance 
In accordance with the legislation it applies, the 
institution of each Member State shall calculate the 
amount corresponding to the periods of voluntary or 
optional continued insurance, which, under Article 
46a (3) (c) of the Regulation, is not subject to the 
provisions for withdrawal, reduction or suspension of 
another Member State.' 
7. Article 48 (1) shall read as follows: 
'1. The final decision taken by each of the 
institutions concerned shall be notified to the investi­
gating institution. Each of these decisions must specify 
the grounds and time-limits for appeal provided for 
by the legislation in question. When all these decisions 
have been received, the investigating institution shall 
communicate them to the claimant in his own 
language by means of a summarized statement to 
which the aforesaid decisions shall be appended. 
Periods allowed for appeals shall commence only on 
the date of receipt of the summarized statement by 
the claimant.' 
8. Article 49 shall read as follows: 'Recalculation of benefits 
1. In pursuance of the provisions of Article 43 (3) 
and (4) of Article 49 (2) and (3) and of Article 51 (2) 
of the Regulation shall apply mutatis mutandis. 
2. In the case of the recalculation, withdrawal or 
suspension of a benefit, the institution which has 
taken such a decision shall notify immediately the 
person concerned and each of the institutions on 
which the person concerned has a claim, if necessary 
through the good offices of the investigating 
institution. The decision must specify the grounds and 
time limits for appeal provided for by the legislation 
in question. Periods allowed for appeals shall 
commence only on the date of receipt of the decision 
by the person concerned. 
9. Paragraph 1 of Article 107 shall read as follows: 
'1. For the purpose of implementing the following 
provisions: 
(a) Regulation: Article 12 (2), (3) and (4), Article 19 
(1) (b) last sentence, Article 22 (1) (ii) last 
sentence, Article 25 (1) (b) penultimate sentence 
Article 41 (1) (c) and (d), Article 46a (3), Article 
50, Article 52 (b) last sentence, Article 55 (1) (ii) 
last sentence, Article 70 (1) first subparagraph, 
Article 71 (1) (b) (ii) penultimate sentence; 
(b) implementing Regulation Article 34 (1) and 
Article 120 (2), 
the rate for the conversion into a national currency of 
amounts denominated in another national currency 
shall be the rate calculated by the Commission and 
based on the monthly average, during the reference 
period specified in paragraph 2, of rates of exchange 
of such currencies which are communicated to the 
Commission for the application of the European 
Monetary System.' 
Article 4 
This Regulation shall enter into force on the twentieth 
day following its publication in the Official Journal of the 
European Communities.