iOMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 247 final 
Brussels, 12 July 1991 
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 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
concerning the proposal for a Council Regulation (EEC) amending Regulation 
(EEC) No 1408/71 on the application of social security schemes for 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 
INTRODUCTION 
Since the entry into force of Regulation CEEC) No 2001/83 which is a 
codified updated version and a single and official text of Regulations 
(EEC) Nos 1408/71 and 574/72, following the extension of the scope to 
employed persons and to self-employed persons, these Regulations have 
been amended by Council Regulations (EEC) Nos 1660/85 and 1661/85, 
Commission Regulation No 513/86 and by Council Regulations Nos 3811/86, 
1305/89, 2332/89 and 3427/89 and by the Acts of Accession of the 
Kingdom of Spain and of the Republic of Portugal of 1985. 
In the meantime, certain national legislations have been amended 
for the pjrpo.se of adapting them to the level of 
Community Regulations. 
By virtue of the importance attaching thereto, it must be pointed out that 
these adaptations have been made with reference to the unification of 
Germany since, from 3 October 1990, the Community provisions concerning 
social security for migrant worlcers are applicable to the entire territory 
of Germany including obviously the territory of the former GDR. 
The proposal is also aimed at updating the Community Regulations in the 
light of certain formal, substantive and administrative amendments in 
national legislations. 
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Article 1 
Amendments to Regulation (EEC) No 1408/71 
1. Amendments to Article 94(1)-(7) and Article 95(1)-(7). 
This proposal is aimed at adapting the wording of Articles 94 and 95 
to the new legal situation resulting from the unification of 
Germany. For, following the unification, the Community Regulations 
concerning social security for migrant workers shall apply to the 
entire territory of Germany including the former FRG. 
Furthermore, this proposal safeguards the interests of the persons 
concerned by according'them a period of two years from the date of 
publication of the abovementioned adaptations for the purpose of 
submitting requests for revision of their rights to a pension, 
the calculation of which was carried out before the application 
of Regulation (EEC) No 1408/71 in the territory of the former GDR. 
2. Amendment to Article 94(9) 
The aim of the amendment is to fill a gap in this provision. 
For, the wording of the text means that the paragraph in question 
is applicable only to persons who have pursued a professional 
activity in France during the month of November in 1989; persons 
who were unemployed in France during this period cannot therefore 
benefit from this provision. 
Paragraph 9 should therefore be adapted so that it is applicable 
to persons who were unemployed in France during the period 
specified retroactive to 16 November 1989. 
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3. Amendments to Annex III 
In Annex III, section B, the provisions of the social security agreements are 
listed; the scope of these provisions does not cover all persons to whom 
the Regulation applies. 
Consequently, the registration in heading 2. Belgium-Germany in section à 
of Annex III of the two Articles to the Final Protocol and of the third 
supplementary agreement to the General Convention of 7 December 1957, 
limits the application of these provisions to the nationals of Belgium 
and Germany. 
The strict application of these provisions by the German institutions and 
authorities gives rise to adverse consequences for nationals of other 
Member States residing in Belgium. 
Consequently, the text of section B, Annex III, in heading 2. Belgium-Germany 
should be deleted. 
4. Amendments to Annex VI 
(a) Amendments made to heading B. Denmark 
A certain number of amendments were recently made to Danish legislation 
on cash sickness benefits and maternity benefits. For instance, cash 
benefits awarded to employed persons are no longer calculated on the basis 
of the preceding income but on the basis of the hourly remuneration to 
which the employed person would have been entitled during his sick leave. 
For the rest, certain supplementary schemes provide for those cases where 
the hourly earnings do not constitute an appropriate basis for the 
calculation of the allowances. For self-employed persons, the allowances 
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are calculated on the basis of their earnings from self-employment; 
where appropriate, it is calculated on the basis of earlier 
employment as an employed person. 
The amendments to heading B. Denmark shall take account of these 
amendments, particularly in those cases where the employed person 
was not subject to Danish legislation during the aforementioned 
periods of reference. 
(b) Amendments to heading C. Germany 
(i) The proposal for the deletion of item 1(a) shall take 
account of the fact that the provisions governing 
compensation by the German institutions for accidents at 
work (and occupational diseases) which occurred in 
Alsace-Lorraine before 1 January 1919 are no longer of 
any practical significance. 
(ii) As a consequence of an amendment to German legislation 
concerning sickness insurance, item 3 shall be deleted. 
(iii) The derogation from the general principles of the 
Regulation concerning the specific provisions of the 
pension schemes for workers and employed persons 
shall no longer be necessary since the period provided 
for by German legislation has expired. 
The proposal for the deletion of item B shall take account 
of this matter. 
(iv) On 7 June 1988, the Court of Justice ruled as follows in 
Case 20/85 (R0VIELL0): 
"Point 15 of section C in Annex VI to Régulation Mo 1408*71 
is invalid in so far as it provides, in regard to entitlement 
to a pension in respect of occupational invalidity or incapacity 
for work, or a miner's pension in respect of a reduction in his 
capacity to work as a miner, or a miner's pension in respect of 
occupational invalidity or incapacity for work, that, where 
under German legislation account must be taken of the 
occupation hitherto pursued by the person concerned, that 
entitlement is to be determined by taking account only of 
activities subject to compulsory insurance under German 
legislations." 
In that context, the Court took into consideration that 
although the criterion laid down in point 15 applies 
independently of the nationality of the worker it is, 
by its very nature, concerned essentially with migrant workers 
coming from other Member States and consequently constitutes 
a veiled form of discrimination. 
The point in question should therefore be deleted, retroactive 
to 1 July 1982, the date from which point 15 is applicable in 
accordance with Article 3 of Regulation (EEC) No 2000/83. 
(c) Amendments made to heading F. Greece 
The practical application of the legislation of the OGA scheme, 
particularly with reference to the consideration of certain periods 
of the payment of a pension by another Member State by virtue of an 
accident at work as "insurance periods", gives rise to serious 
problems. 
The proposed paragraph is aimed at resolving this problem by 
considering the periods in question as insurance periods under OGA 
legislation where they coincide with periods of employment in the 
agricultural sector in Greece. 
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Article 2 
Article 10 of Regulation (EEC) No 574/72 
Regulation (EEC) No 3427/89 has been amended, in particular by the 
provisions of Articles 73 and 74 of Regulation (EEC) ND 1408/71: 
henceforth, in these Articles, mention shall be made only of 
"family benefits" and not "family allowances". 
These latter words shall likewise be deleted from Article 10 of 
Regulation (EEC) No 574/72 each time that reference is made to 
Article 73 or Article 74. 
New Article 34(4) of Regulation (EEC) No 574/72 
For the same reasons as those set out above concerning the amendment 
to Articles 94 and 95 of Regulation (EEC) No 1408/71, certain 
amendments to Regulations (EEC) Nos 1408/71 and 574/72 have become 
either necessary or desirable as is the case for this provision. 
As regards this last provision in particular, the Federal Republic 
of Germany anticipates, following the unification, an increase in the 
number of German nationals residing temporarily on the territory of 
other Member States and, as a consequence thereof, an increase in the 
number of tarification procedures. Consequently, the task of the 
competent institutions charged with the execution of these 
reimbursements should be alleviated. 
On the other hand, and independent of this reason, practical experience 
has shown that in individual cases the reimbursement procedure laid 
down in this provision results in considerable delays. Consequently, 
the new paragraph proposed is aimed at laying down, as a complement 
to the existing procedure, another simplified procedure authorizing, 
under certain conditions, a reimbursement in accordance with the 
rates administered by the competent institution. 
- 9 
For that purpose, certain conditions must be fulfilled. 
On the one hand, this procedure must be limited to those cases in which 
a rate of reimbursement corresponding to that of the Member State of stay 
is provided for by the competent institution and, on the other hand, 
the costs of reimbursement should fiot exceed a specific amount to be 
fixed by the Administrative Commission on social security for migrant 
workers. This procedure should be applied only with the consent of the 
employed or self-employed person concerned. It must also be clearly 
established that the amount of reimbursement may not exceed the actual 
amount of costs incurred. 
3_ Amendment of Article 107(1)(a) of Regulation (EEC) No 574/72 
A loophole has been ascertained concerning the determination of the rate 
of conversion of amounts used for the calculation of the allowances for 
unemployed frontier workers under the terms of Article 71(1)(a)(ii) and 
Article 68 of Regulation (EEC) No 1408/71. 
The amendment proposed is aimed at closing this loophole as the rate 
specified in Article 107(1) of Regulation (EEC) No 574/72 shall also 
apply to the situations mentioned above. 
For the rest, this proposal complies with Decision No 140 of the 
Administrative Commission on social security for migrant workers which 
applies the same rate to the situations in question. 
I 
* 10 -
Amendment to Article 107(1)(a) of Regulation (EEC) No 574/72 
Following the deletion of Article 120 of Regulation (EEC) No 574/72 
by Article 2(11) of Regulation (EEC) No 3427/89/ there are grounds for 
adapting the text of paragraph Kb) of Article 107 of Regulation (EEC) 
No 574/72 where it refers to this provision. 
Amendments to Annex 3 of Regulation (EEC) No 574/72 
Annex 3 lists the institutions of the place of residence and the 
institutions of the place of stay. 
Amendment to heading E. France 
The proposed amendments to section 1, subsection B, point 1 and 
to section II, subsection B, paragraph (a) shall take account of the 
fact that from 2 August 1989, the French social security scheme 
for employed persons and self-emptoyed persons in the non-agricutturaI 
professions is no longer concerned by the derogatory provisions of 
para&raph 2 of Article 35 of Regulation (EEC) No 1408/71. Furthermore, 
for the same reason the text appearing in the heading E. France of 
Annex 11 to Regulation (EEC) No 574/72 is replaced by "none" under 
the terms of Article 2(12) of Regulation (EEC) No 2332/89. 
The aim of the ptoposed amendment is to have the local sickness 
insurance funds (metropolitan France) and the general social security funds 
(overseas territories) specified as the institution of the place of residence 
or stay for self-employed persons. 
- 11 -
6. Amendments to Annex 5 of Regulation (EEC) No 574/72 
Annex 5 lists the implementing provisions of bilateral conventions 
which remain in force. 
An agreement relating to the reimbursement of expenses for 
benefits in kind in the case of sickness was signed on 1 July 1990 
by Denmark and Spain. 
An exchange of letters between the United Kingdom and Denmark 
introduced amendments in the previous agreement concerning the 
reimbursement of expenses awarded in application of Article 69 
of Regulation (EEC) No 1408/71. 
An agreement relating to the application of Articles 20 and 22 
(1)(b)(c) of Regulation (EEC) No 1408/71 was signed on 
25 January 1990 by the Federal Republic of Germany and by 
Luxembourg. 
These amendments are listed accordingly in Annex 5. 
Amendments to Annex 8 of Regulation (EEC) No 574/72 
Annex 8 lists the Member States for which the provisions of 
Article 10a(1)(d) of the implementing Regulation are applicable 
in their mutual relationship. 
The amendment proposed takes account of the abolition of daily 
family benefits under Belgian law relating to employed persons 
in order to simplify the work of the competent institutions. 
- 12 -
8. Amendments to Annex 9 of Regulation (EEC) No 574/72 
Annex 9 lists the schemes to be taken into consideration for 
the calculation of annual average costs of benefits in kind. 
Amendment to heading E. France 
The amendment proposed is of the same nature as that presented 
above in respect of Annex 3. 
Consequently, Annex 9 should be modified so that for the 
implementation of Articles 94 and 95 of Regulation (EEC) No 574/72 
for France only one type of average costs of benefits in kind 
remains in existence; these costs are those which are calculated 
with reference to the general social security scheme. 
9. Amendments to Annex 10 of Regulation (EEC) No 574/72 
Annex 10 lists the institutions and bodies designated by the 
competent authorities. 
Amendment to heading I. Luxembourg 
The amendment proposed takes account of the change in the name 
of the previous joint centre for data processing, membership and 
collection of contributions for the Luxembourg social security 
institutions. 
- 1i -
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 
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 
consultation with the Administrative Commission on Social Security 
for Migrant Workers, 
2 Having regard to the Opinion of the European Parliament , 
Having regard to the Opinion of the Economic and Social Committee , 
10J No C 
20J No C 
30J NO C 
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Whereas there are grounds for making certain amendments to Council Regulations 
(EEC) No 14D8/71 and No 574/72, as updated by Regulation (EEC) No 2001/834, and 
as last amended by Regulation (EEC) No 3427/89 ; whereas some of these 
amendments are related to changes which the Member States have made to 
their legislations in respect of social security, while other amendments 
are of a technical nature and are intended to complete the abovementioned 
Regulations on the basis of the experience gained in the implementation 
thereof; 
Whereas the Community provisions concerning social security for migrant 
workers are applicable from the date of German unification, 
3 October 1990, in the entire territory of Germany and consequently 
also in the territory of the former German Democratic Republic; 
whereas, accordingly, the text of Articles 94 and 95 of 
Regulation (EEC) No 1408/71 should be adapted, particularly by 
stipulating a period for the submission by persons concerned of 
their requests for the revision of their rights to a pension; 
Whereas there are grounds for adapting paragraph 9 of Article 94 
of Regulation (EEC) No 1408/71 for the purpose of applying it to 
persons who were unemployed in France in the month of November 1989; 
Whereas it seems necessary to delete the registration in heading 2 
Belgium-Germany, section B of Annex III to Regulation (EEC) No 1408/71, 
the provisions of the General Convention of 7 December 1957 between 
Belgium and the Federal Republic of Germany for the purpose of 
avoiding any unfavourable consequences for nationals of Member States 
other than those of Germany and Belgium; 
Whereas there are grounds for making certain amendments to heading B. 
Denmark of Annex VI to Regulation (EEC) No 1408/71 for the purpose of 
taking account of amendments incorporated into Danish legislation in 
respect of cash sickness benefits and maternity benefits; 
40J No L 230, 22.8.1983,. p. 6. 
50J No L 331, 6.11.1989, p. 1. 
.i - 15 -
'I 
k 
•'* Whereas there are grounds for deleting point 1(a) of heading 
| C. Germany of Annex VI to Regulation (EEC) No 1408/71 as it is 
\ no longer of practical significance; 
Whereas, following an amendment to German legislation in respect of 
sickness insurance, there are grounds for deleting point 3 of 
heading C. Germany of Annex VI to Regulation (EEC) No 1408/71; 
j 
t Whereas there are grounds for deleting point 8 in heading 
j C. Germany of Annex VI to Regulation (EEC) No 1408/71 because 
Î 
* it is no longer of practical significance; 
j 
] Whereas it is deemed necessary, following a Judgment of the 
; Court of Justice in Case No 20/85 (ROVIELLO)^ to delete point 15 
I in heading C. Germany of Annex VI to Regulation (EEC) No 1408/71 
[ as it was declared invalid by the Court of Justice; 
Whereas there are grounds for making amendments to heading 
i 
I F. Greece of Annex VI to Regulation (EEC) No 1408/71 for the 
! purpose of resolving practical difficulties resulting from 
j certain peculiarities of the OGA scheme; 
f 
j Whereas Regulation (EEC) No 3427/89 resulted in the deletion of 
the words "family allowances" from Articles 73 and 74 of 
| Regulation (EEC) No 1408/71, there are grounds likewise for deleting 
them in Article 10 of Regulation (EEC) No 574/72 in so far 
I as it makes reference to the abovementioned Articles 73 and 74; 
i 
| Whereas it would seem expedient to adapt the text of Article 34 
l of Regulation (EEC) No 574/72 for the purpose of laying down, 
| as an addition to the present Regulation, a simplified procedure 
authorizing the reimbursement of the costs of health care 
| in accordance with the rates administered by the competent 
! institution; 
6 [1988] ECR 2805, 
- 16 -
Whereas it is necessary to provide for a rate of conversion for the amounts 
used for the calculation of indemnities for unemployed frontier workers 
under the terms of Articles 71(1)(a) (ii) and 68 of Regulation (EEC) 
No 1408/71; 
Whereas, following the deletion of Article 120 from Regulation (EEC) 
No 574/72 by Article 2 point 11 of Regulation (EEC) No 3427/89, there are 
grounds for adapting the text of Article 107(1)(b) of Regulation (EEC) 
No 574/72 where reference is made to that provision; 
Whereas there are grounds for adapting heading E. France in Annex 3 to 
Regulation (EEC) No 574/72 as a consequence of the amendments incorporated 
into the French social security scheme for self-employed persons in the 
non-agricultural professions; 
Whereas it is necessary to include a reference to the agreement of 
1 July 1990 signed by Denmark and Spain in heading -H. Denmark-Spain 
of Annex V to Regulation (EEC) No 574/72; 
Whereas there are grounds for making certain amendments to heading 
21. Denmark-United Kingdom in Annex V to Regulation (EEC) No 574/72 
for the purpose of taking account of the amendments resulting from 
an exchange of letters and incorporated in the agreement 
between Denmark and the United Kingdom concerning the reimbursement 
of costs awarded under Article 69 of Requlation (EF.O No 1408/71; 
Whereas it is necessary that a reference to the agreement of 
25 June 1990 signed by Germany and Spain be incorporated into heading 
22. Germany-Spain of Annex V to Regulation (FEC) No 574/7?; 
Whereas it is necessary that reference to the agreement of 
25 January 1990 signed by Germany *»nd Luxembourg be incorporated 
into heading 27. Germany-Luxembourg of Annex V to Regulation 
(EEC) No 574/72; 
- if -
Whereas, following the amendments incorporated in Belgian legislation 
in respect of family benefits, it is necessary that amendments be made 
to Annex 10 to Regulation (EEC) No 547/72; 
Whereas, because of the amendments incorporated in the French social 
security scheme for self-employed persons of non-agricultural 
professions, it is necessary that amendments be made to heading 
E. France of Annex 9 to Regulation (EEC) No 574/72; 
Whereas there are grounds for making amendments to heading 
I. Luxembourg of Annex 10 to Regulation (EEC) No 574/72 for the 
purpose of taking account of the change in the name of the joint 
centre for data processing, membership and collection of 
contributions of the Luxembourg social security institutions^ 
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HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1408/71 is hereby amended as follows: 
1. Article 94 is amended as follows: 
(a) the following words: "or a part of the territory of that State" 
are added to paragraph 1 after the words "on the territory of 
the Member State in question". 
(b) the following words: "or a part of the territory of that State" 
are added to paragraph 2 after the words "on the territory of 
that Member State". 
(c) the following words: "or a part of the territory of that State" 
are added to paragraph 3 after the words: "on the territory of 
the Member State in question". 
(d) the following words: "or a part of the territory of that State" 
are added to paragraph 4 after the words "on the territory of 
the Member State in question". 
(e) the following words: "or a part of the territory of that State" 
are added to paragraph 5 after the words "on the territory of 
the Member State in question". 
(f) the following sentence: 
"The same provisions shall apply as regards the implementation of 
this Regulation in those territories which became a part of the 
Federal Republic of Germany on 3 October 1990 provided that the 
application referred to in paragraph 4 or 5 is submitted within 
two years of the date of publication of this provision in the 
Official Journal of the European Communities". 
is added to paragraph 6. 
(g) the following sentence: 
"the same provisions shall apply as regards the implementation 
of this Regulation in those territories which became a part of 
the Federal Republic of Germany on 3 October 1990 provided that 
the application referred to in paragraph 4 or 5 is not submitted 
before two years have passed from the date of publication of 
this provision in the Official Journal of the European 
Communities." 
is added to paragraph 7-
(h) the following words: 
"or unemployed" are added to paragraph 9 after the words 
"employed worker". 
2. Article 95 is amended as follows: 
(a) the following words: 
"or a part of the territory of that State" are added 
to paragraph 1 after the words "on the territory of the 
Member State in question". 
(b) the following words: 
"or a part of the territory of that State" are added 
to paragraph 2 after the words "on the territory of that 
Member State." 
- 20 -
(c) the following words: 
"or a part of the territory of that flember State" are added 
to paragraph 3 after the words "on the territory of the 
Member State in question". 
(d) the following words: 
"or a part of the territory of that State" are added 
to paragraph 4 after the words "on the territory of the 
Member State in question". 
(e) the following words: 
"or a part of the territory of that State" are added 
to paragraph 5 after the words "on the territory of the 
Member State in question". 
(f) the following sentence: 
"the same provisions shall apply as regards the implementation 
of this Regulation in those territories which became a part of 
the Federal Republic of Germany on 3 October 1990 provided 
that the application referred to in paragraph 4 or 5 is 
submitted within two years of the date of application of 
this provision in the Official Journal of the European 
Communities." 
is added to paragraph 6-
(g) the following sentence: 
"the same provisions shall apply as regards the implementation 
of this Regulation in those territories which became a part of 
the Federal Republic of Germany on 3 October 1990 provided 
that the application referred to in paragraph 4 or 5 is 
not submitted before two years have passed from the date of 
publication of this provision in the Official Journal of the 
European Communities." 
is added to paragraph 7. 
3. Section B of Annex III is amended as follows: 
(a) heading 2 Belgium-Germany is deleted. 
4. Annex VI is amended as follows: 
(a) point 6 of heading B. Denmark is replaced by the following text; 
"6. For determining whether or not conditions for entitlement to 
benefits in the case of sickness or childbirth laid down by the 
Law of 20 December 1989 on benefits in the case of sickness or 
childbirth have been satisfied, where the person concerned is no 
longer subject to Danish legislation during the periods of 
reference fixed by the abovementioned law: 
(a) account is taken of the insurance periods and employment 
periods fulfilled under the legislation of a Member State 
other than that of Denmark during the abovementioned 
reference periods during which the person concerned 
was not covered by Danish legislation, as if they are 
periods completed under the latter legislation, 
and 
_ 22 - ------
(b) during the periods taken into account, a self-employed 
person or an employed person (in cases where, for the 
latter, actual remuneration cannot serve as a basis for 
calculating the cash allowances) are regarded as having 
had an average remuneration or salary of an amount equal 
to that on the basis of which the cash allowances are 
calculated in respect of the periods completed under 
Danish legislation during the reference periods." 
(b) In heading C. Germany: 
(i) point 1(a) is deleted, 
(ii) point Kb) becomes point 1. 
(iii) point 3 is deleted, 
(iv) point 8 is deleted, 
(v) point 15 is deleted, 
(vi) points 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 and 16 
become respectively points 3, 4, 5, 6, 7, 8, 9, 10, 
11, 12 and 13. 
(c) The following point is added to heading F. Greece: 
"3. Notwithstanding the relevant provisions of the 
OGA Regulations, the periods during which benefits payable 
in respect of an accident at work or of an occupational disease 
as defined in the legislation of Member States, which makes 
separate provision for such risks, provided that they coincide 
with periods of employment in the agricultural sector in 
Greece, shall be regarded as periods of insurance under the 
legislation of the OGA within the meaning of Article 1(r) of 
the Regulation." 
- 23 -
Article 2 
Regulation (EEC) No 574/72 is amended as follows: 
1. Article 10 is replaced by the following: 
"Article 10 
Rules applicable in the case of overlapping of rights to family 
benefits or family allowances for employed or self-employed persons 
1.(a) Entitlement to benefits or family allowances due under the 
legislation of a Member State, according to which acquisition of 
the right to those benefits or allowances is not subject to conditions 
of insurance, employment or self-employment, shall be suspended when, 
during the same period and for the same member of the family, benefits 
are due only in pursuance of the national legislation or in application 
of Articles 73, 74, 77 or 78 of the Regulation. 
(b) However, where a professional or trade activity is carried out 
on the territory of the said Member State: 
(i) in the case of benefits due either under national 
legislation only or under Articles 73 or 74 of the Regulation, 
by the person entitled to family benefits or by the person 
to whom they are to be paid, the right to family benefits due 
either under national legislation only or under these 
Articles shall be suspended and only those family benefits 
of the Member State in whose territory the member of the 
family is residing shall be paid, the cost to be borne by 
that Member State; 
- 24 -
(ii) in the case of benefits due either under national 
legislation only or under Articles 77 or 78 of the 
Regulation, by the person entitled to these benefits or by 
the person to whom they are payable, the right to these 
family benefits or family allowances due either under 
national legislation only or in application of the 
Articles pursuant to the legislation of another Member State 
shall be suspended; where this is the case, the person 
concerned shall be entitled to the family benefits or 
family allowances of the Member State in whose territory 
the children reside, the cost to be borne by that 
Member State, and, where appropriate, to benefits other 
than the family allowances referred to in Article 77 or 78 
of the Regulation, the cost to be borne by the competent 
State as defined by those Articles. 
2. If an employed person subject to the legislation of a Member State 
is entitled to family allowances by virtue of periods of insurance 
or employment previously completed under Greek legislation, this 
right shall be suspended where, during the same period and for the 
same member of the family, family benefits or allowances are due 
under the legislation of the first Member State pursuant to 
Articles 73 3nd 74 of the Regulation." 
2. The following paragraph is added to Article 34: 
"4. Notwithstandinn paragraphs 1 r 2 and ?.,.. the competent institution 
may effect the reimbursement of expenses incurred in accordance 
with the rates it administers provided that it is possible to make a 
refund in accordance with these rates, that the expenses to be 
refunded do not exceed a level determined by the Administrative 
Commission and that the employed person or self-employed peESon 
or pensioner agrees. In any case, the amount of reimbursement shall 
not exceed the amount of the expenses actually incurred." 
- 25 -
3. In Article 107(1)(a), the words 
"Article 71(1)(a)(ii)" are added after the words 
"the first subparagraph of Article 70(1)". 
4. In Article 107(1)(b) the words "Article 120(2)" are deleted. 
5. In Annex 3, heading E. France: 
(à) in section 1, B, point 1 is replaced by the following text: 
"1. Sickness and maternity 
Caisse primaire d'assurance maladie du lieu de 
résidence ou de séjour (local sickness insurance 
fund of the place of residence or of stay)" 
(b) in section II, B, paragraph (a) is replaced by the 
following text: 
"(a) Sickness and maternity 
Caisse générale de sécurité sociale du lieu de résidence 
ou de séjour (general social security fund of the 
place of residence or of stay)." 
6. Annex 5 is amended as follows: 
(a) Heading 13. Denmark-Spain is replaced by the following text: 
"Agreement of 1 July 1990 relating to the reimbursement of 
costs for benefits in kind in the case of sickness." 
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(b) in heading 21. Denmark-United Kingdom: 
(i) the following words: 
"as modified by an exchange of tetters of 8 November 1989 
and of 10 January 1990" are added to point 1 after the 
words "of 19 April 1977". 
(ii) point Kb) is deleted. 
(iii) point 1(c) becomes point Kb). 
(c) heading 22. Germany-Spain is replaced by the following text: 
"Agreement of 25 June 1990 relating to the reimbursement of 
costs for benefits in kind in the case of sickness". 
(d) in heading 27. Germany-Luxembourg, the following new 
subparagraph (f) is added: 
"(f) The agreement of 25 January 1990 relating to the 
application of Articles 20 and 22(1)(b) and (c) of 
the Regulation". 
7. Annex 8 is replaced by the following text: 
"ANNEX 8 
AWARD OF FAMILY BENEFITS 
(Article 4(8), Article 10a(1)(d) and Article 122 of the Implementing 
Regulation) 
Article 10a(1)(d) of the Implementing Regulation is applicable: 
A. to employed persons and to self-employed persons 
(a) with a reference period of one calendar month in dealings between: 
,. ^7 -
- Belgium and Denmark 
- Belgium and Germany 
- Belgium and Spain 
- Belgium and France 
- Belgium and Greece 
"- Belgium and Ireland 
- Belgium and Luxembourg 
- Belgium and Portugal 
- Belgium and the United Kingdom 
- Germany and Spain 
- Germany nnd ^ranee 
- German;.* and Greece 
- Germany and Ireland 
- German;* and '.uyembourc; 
- Germany and Portugal 
- German/ and the United Kingdom 
- France and Luxembourg 
- Portugal and France 
- Portugal and Ireland 
- Portugal and Luxembourg 
-Portugal and the United Kingdom 
(b) With a reference period of a quarter of a calendar year in 
dealings between: 
- Denmark and Germany 
- the Netherlands, Germany, France, Luxembourg and 
Porturjal 
B. Self-employed persons 
With a reference period of a quarter of a calendar year in 
dealings between: 
- Belgium and the Netherlands 
- 28 -
C. Employed persons 
With a reference period of one calendar month in dealings between: 
- Belgium and the Netherlands" 
8. The second paragraph of heading E. France, in Annex 9 is deleted. 
9. In heading I. Luxembourg, of Annex 10, point 4 is replaced by the 
following text: 
"4. For the application of Article 12a of the Implementing Regulation: 
Centre commun de la sécurité sociale (Joint Social Security Centre), 
Luxembourg". 
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, points 1(a), (b), (c), (d) and (e) and points 2(a), 
(b), (c), (d) and (e) shall be applicable from 3 October 1990. 
3. Article 1, point 1(h) shall be applicable from 16 November 1989. 
4. Article 1, point 4(a) shall be applicable from 2 April 1990. 
5. Article 1, point 4(b)(iii) shall be applicable from 1 January 1989. 
6. Article 1, point 4(b)(v) shall be applicable from 1 July 1982. 
7. Article 2, points 1 and 4 shall be applicable from 15 January 1986. 
This Regulation shall be binding in its entirety and directly applicable 
in all Member States. 
Done at Brussels, For the Council 
The President 

ISSN 0254-1475 
COM(91) 247 final 
DOCUMENTS 
EN 05 
Catalogue number : CB-CO-91-291-EN-C 
ISBN 92-77-73891-X 
Office for Official Publications of the European Communities 
JL-2985 Luxembourg