No C 96/4 Official  Journal  of the European  Communities 29. 4. 75 
Proposal  for a Council  Regulation  amending  Regulations  (EEC)  No 1408/71  and  (EEC) 
No 574/72  and  relating  to the standardization  of the system  of paying  family  benefits  to 
workers  the members  of whose  families  reside  in a Member  State  other  than  the country 
of employment 
(Submitted  to the Council  by the Commission  on 10 April  1975) 
THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  2, 7 and  51 thereof; 
Having  regard"  to Council  Regulation  (EEC)  No 
1408/71  (*) of 14 June  1971  on the  application  of 
social  security  schemes  to employed  persons  and 
their  families  moving  within  the Community,  as last 
amended  by Regulation  (EEC)  No  1392/74  (2), and 
in particular  Articles  95 and  97 thereof; 
Having  regard  to Council  Regulation  (EEC)  No 
574/72  (3) of 21 March  1972  fixing  the procedure  for 
implementing  the abovementioned  Regulation  (EEC) 
No 1408/71,  as last  amended  by Regulation  (EEC) 
No 2639/74  (4), and  in particular  Article  121  thereof; 
Having  regard  to the proposal  from  the Commission 
adopted  after  consultation  with  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  under  Article  98 of Regulation  (EEC)  No 
1408/71  the  Council  shall  re-examine  the  whole 
problem  of payment  of family  benefits  to members  of 
the family  of the worker  who  are not residing  in the 
territory  of the  Member  State  in which  the  latter  is 
employed,  in order  to reach  a uniform  solution  for 
all Member  States; 
Whereas  under  the terms  of Articles  73 and  74 of the 
abovementioned  Regulation  (EEC)  No  1408/71 
(!) OJ  No L 149,  5. 7. 1971,  p. 2. 
(2) OJ  No L 152,  8. 6. 1974. 
(3) OJ  No L 74, 27. 3. 1972,  p. 1. 
(4) OJ  No L 283,  19. 10. 1974. workers  employed  in a Member  State  other  than 
France  or receiving  unemployment  benefits  under  the 
legislation  of one  of these  Member  States  shall 
receive  the  family  allowances  provided  for  by the 
legislation  of the  country  of employment  or of the 
country  responsible  for  the  payment  of 
unemployment  benefits,  for  the  members  of their 
families  who  reside  in another  Member  State; 
Whereas  this  solution  ensures  equality  of treatment 
for all workers  subject  to the same  legislation; 
Whereas  derogation  from  the  rule  that  the  worker 
and his  dependants  should  receive  the  benefits 
provided  for by the legislation  to which  he is subject 
should  be allowed  only  by way  of exception,  namely 
where  the  provision  of these  benefits  would  meet 
with  considerable  administrative  obstacles,  as is the 
case for sickness  and  maternity  insurance  benefits  in 
kind  or benefits  in kind  granted  under  insurance 
against  accidents  at work  and  occupational  diseases, 
in the case  of residence  or stay  in a Member  State 
other  than  the one  in which  the competent  institution 
is situated; 
Whereas  the  solution  applied  in respect  of family 
benefits  by eight  Member  States  safeguards  the 
coherence  between  the  tax  concessions  granted  to 
families  by the  country  of employment  and  family 
benefits; 
Whereas,  taking  account  of the  link  that  exists 
between  the  levels  of the  various  social  security 
benefits  of one  and  the  same  Member  State,  this 
solution  affords  a more  homogeneous  social 
protection  to workers; 
Whereas  this  solution  should  therefore  also  be 
applied  to workers  who  are  subject  to French 
legislation;  whereas  there  are  thus  grounds  for 
amending  Regulations  (EEC)  No 1408/71  and  (EEC) 
No 574/72  and  the Annexes  thereto  accordingly, 
HAS  ADOPTED  THIS  REGULATION: 
29.4.  75 Official  Journal  of the European  Communities No C 96/5 
Article  1 
Regulation  (EEC)  No 1408/71  shall  be amended  as follows: 
1. The  heading  of Chapter  7 of Title  III shall  be amended  as follows: 
'Family  benefits  for employed  and unemployed  persons'. 
2. In Article  73: 
(a) Paragraphs  1 and 2 shall  be amended  as follows: 
'A worker  subject  to the legislation  of a Member  State  shall  be entitled  to the 
family  benefits  provided  for by the legislation  of the first  Member  State  for 
members  of his family  residing  in the territory  of another  Member  State,  as 
though  they  were  residing  in the territory  of the  first  State,  subject  to the 
provisions  of Annex  V.'; 
(b) Paragraph  3 shall  be deleted. 
3. The  text  of Article  74 shall  be amended  as follows: 
'An unemployed  person  drawing  unemployment  benefits  under  the legislation  of a 
Member  State  shall  be entitled  to the family  benefits  provided  for by the legislation 
of the first  Member  State  for members  of his family  residing  in the territory  of 
another  Member  State  as though  they  were  residing  in the territory  of the first  State, 
subject  to the provisions  of Annex  V.' 
4. In Article  75, 
(a) The  title  and text  of paragraph  1 subparagraph  (a) shall  be amended  as follows: 
'Article  75 
Provision  of benefits 
1. Family  benefits  shall  be provided,  in the cases  referred  to in Article  73, by 
the competent  institution  of the State  to whose  legislation  the worker  is subject 
and, in the case  referred  to in Article  74, by the competent  institution  of the 
State  under  whose  legislation  the  unemployed  worker  is receiving 
unemployment  benefits.  They  shall  be provided  in accordance  with  the 
provisions  administered  by such  institutions  whether  the natural  or legal  person 
to whom  such  benefits  are payable  is residing  or staying  in the territory  of the 
competent  State  or in that  of another  Member  State;' 
(b) Subparagraphs  (b) and (c) shall  become  paragraphs  2 and 3; 
(c) Paragraph  2 shall  be deleted. 
5. The  title  and text  of Article  76 shall  be amended  as follows: 
'Article  76 
Rules  of priority  in cases  of overlapping  entitlement  to family  benefits  in pursuance 
of Articles  73 and  74 by reason  of the pursuit  of a professional  or trade  activity  in 
the country  of residence  of the members  of the family. 
Entitlement  to family  benefits  under  Articles  73 and  74 shall  be suspended  if, by 
reason  of the pursuit  of a professional  or trade  activity,  family  benefits  are also 
payable  under  the legislation  of the Member  State  in whose  territory  the members 
of the family  are residing.' 
6. Article  90 shall  be deleted. 
7. Article  94 (9) shall  be deleted. 
No C 96/6 Official  Journal  of the European  Communities 29. 4. 75 
8. Article  98 shall  be deleted. 
9. In Annex  I, point  G (Luxembourg)  shall  be amended  as follows: 
'G — Luxembourg 
(a) Prenatal  allowances 
(b) Childbirth  allowances'. 
10. In Annex  II, part  A, point  '19.  Germany  — Luxembourg'  shall  be amended  as 
follows: 
'Articles  4, 5, 6 and  7 of the  Treaty  of 11 July  1959  (settlement  of the  dispute 
between  Germany  and  Luxembourg)'. 
11. In Annex  V, point  D (France): 
(a) paragraph  4 shall  be amended  as follows: 
'4. Workers  who  are subject  to French  legislation  pursuant  to Article  14 (1) (a) 
shall  be entitled  to the  following  family  benefits  for members  of his family 
who  accompany  him  to the  territory  of a Member  State  to which  he has 
been  posted: 
(a) prenatal  allowances  provided  for in Article  L 516  of the Social  Security 
Code; 
(b) the  family  allowances  provided  for in Articles  L 524  and  L 531  of the 
Social  Security  Code; 
(c) the  compensatory  allowance  for scheduled  taxes  provided  for in Article 
L 532  of the Social  Security  Code. 
However,  this  benefit  can only  be paid  if the wage  or salary  received  during 
the period  of the posting  is subject  to tax on income  in France; 
(d) the  single  wage  or salary  allowance  provided  for in Article  L 533  of the 
Social  Security  Code. 
(b) the  following  paragraph  5 shall  be added: 
'5. Notwithstanding  Articles  73  and  74  of the  Regulation,  the  housing 
allowance  referred  to in Article  510  (5) of the  Social  Security  Code,  the 
housing  allowance  financed  by the  Fonds  national  d'aide  au logement 
(national  fund  for housing  assistance)  and  the  removal  of grants  set up by 
Article  16 (h) of the law  of 22 August  1946  are awarded  only  to applicants 
who reside  in French  territory'. 
Article  2 
Regulation  (EEC)  No 574/72  shall  be amended  as follows: 
1. In Article  10, 
(a) the  following  shall  be entered  as paragraph  2 after  paragraph  1: 
'2. Paragraph  1 (a), first  sentence,  and  (b),  first  sentence,  are without  prejudice 
to the  right  of any  Member  State  to suspend  benefits  due  under  their  own 
legislation  up to the  amount  of the  benefits  due  pursuant  to either  Articles  73 
or 74 or to Articles  77 or 78 of the Regulation'. 
(b) Paragraph  2 shall  become  paragraph  3; 
(c) Paragraph  3 shall  be deleted. 
29. 4. 75 Official  Journal  of the European  Communities No C 96/7 
2. The  heading  of Chapter  7 of Title  IV shall  be amended  as follows: 
'Family  benefits'. 
3. In Article  86: 
/ 
(a) the  heading  preceding  the Article  shall  be amended  as follows: 
'Implementation  of Article  73 and  Article  75 (1) and  (2) of the  Regulation'; 
(b) the  heading  in the Article  shall  be deleted; 
(c) Paragraph  4 shall  be amended  as follows: 
'4. The  competent  authorities  of two  or more  Member  States  may  agree  on 
special  procedures  for the payment  of family  benefits,  in particular  with  a view 
to facilitating  the implementation  of Article  75 (1) and  (2) of the Regulation. 
Such  agreements  shall  be communicated  to the  Administrative  Commission'. 
4. Article  87 shall  be deleted. 
5. In Article  88: 
(a) the  heading  preceding  the Article  shall  be amended  as follows: 
'Implementation  of Article  74 of the Regulation'; 
(b) the  heading  in the Article  shall  be deleted. 
6. Article  89 shall  be deleted. 
7. Article  98 shall  be deleted. 
8. Article  101  (1) shall  be amended  as follows: 
'1. The  Administrative  Commission  shall  implement  Articles  36, 63 and  70 of the 
Regulation  by drawing  up a statement  of claims  for each  calendar  year.' 
9. Article  102  (2) shall  be amended  as follows: 
'2. The  refunds  provided  for in Articles  36, 63 and  70 of the Regulation  shall  be 
made  for all the competent  institutions  of a Member  State  to the creditor  institutions 
of another  Member  State  through  bodies  designated  by the competent  authorities 
of the Member  States.  The  bodies  through  which  refunds  are made  shall  advise  the 
Administrative  Commission  of the  amounts  refunded  within  the  time  limits  and 
according  to the procedures  laid  down  by that  Commission.' 
10. Article  104  (2) shall  be amended  as follows: 
'2. Provisions  which  are similar  to those  referred  to in paragraph  1 and  which,  for 
dealing  between  two  or more  Member  States,  will  apply  after  the entry  into  force  of 
the Regulation,  shall  be entered  in Annex  5 of the Implementing  Regulation.  The 
same  shall  apply  to provisions  made  under  Article  97 (2) of the  Implementing 
Regulation.' 
11. Article  119  shall  be deleted. 
12. In Annex  2, point  D — France,  paragraph  3 shall  be deleted. 
No C 96/8 Official  Journal  of the European  Communities 29. 4. 75 
13. In Annex  10: 
(a) in point  A — Belgium,  paragraph  4 (d) shall  be deleted; 
(b) in point  B — Denmark, 
(i) Section  I (4) (a) shall  be amended  as follows: 
'(a) refunds  in pursuance  of Articles  36 and  63  of the  Regulation: 
Sikringsstyrelsen  (National  Social  Security  Office),  Kobenhavn'; 
(ii) Section  II (4),  second  subparagraph  shall  be amended  as follows: 
'Refunds  in pursuance  of Articles  36  and  63  of the  Regulation: 
Sikringsstyrelsen  (National  Social  Security  Office),  Kobenhavn'; 
(c) in point  D — France,  paragraph  7 shall  be deleted. 
(d) in point  E — Ireland: 
(i) paragraph  1 shall  be amended  as follows: 
'1. For  the  purposes  of applying 
Article  6 (1), Article  11 (1), Article 
13 (2) and  (3),  Article  14 (1) (2) 
and (3),  Article  38 (1),  Article  70 
(1), Article  85 (2) and  Article  91 
(2) of the  Implementing  Regu-
lation:  Department  of  Social  Welfare, 
Dublin'; 
(ii) paragraph  3, subparagraph  (b) shall  be amended  as follows: 
'(b) For  the  purposes  of applying 
Article  70 of the Regulation  and 
Article  102  (2) of the Implemen-
ting Regulation:  Department  of  Social  Welfare, 
Dublin'; 
(e) in point  F — Italy 
(i) paragraph  4 shall  be deleted; 
(ii) paragraph  5, 6 and  7 shall  become  paragraphs  4, 5 and  6; 
(iii) paragraph  5 (c) shall  be amended  as follows: 
'(c) Refunds  under  Article  70 of the 
Regulation:  Istituto  nazionale  della  previdenza 
sociale  (National  Institute  of Social 
Welfare),  Roma'; 
(f) in point  G — Luxembourg: 
(i) paragraph  4 shall  be amended  as follows: 
'4. For  the  purposes  of applying  . 
Articles  80 (2), 81 and  82 (2) of thfe 
Implementing  Regulation:  Office  national  du travail  (National 
Labour  Office),  Luxembourg'; 
(ii) paragraph  7, subparagraph  (d) shall  be deleted; 
(g) in point  H — Netherlands,  paragraph  4, subparagraph  (c) shall  be deleted. 
29.4.75 Official  Journal  of the European  Communities No C 96/9 
Article  3 
This  Regulation  shall  enter  into  force  on the  first  day  of the  sixth  month  following 
publication  in the Official  Journal  of the European  Communities. 
Article  1 (10)  shall,  however,  apply  as from  1 January  1975. 
This  Regulation  shall  be binding  in its entirety  and  directly  applicable  in all Member 
States. 
Proposal  for a Council  Regulation  extending  the scope  of Regulation  (EEC)  No 1067/74 
of the  common  organization  of the  market  in dehydrated  fodder  to cover  certain 
products  processed  from  potatoes 
(Submitted  to the Council  by the Commission  on  IS April  1975) 
THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  42 and  43 thereof; 
Having  regard  to the proposal  from  the Commission; 
Having  regard  to the  Opinion  of the  European 
Parliament; 
Whereas  the  organization  of  the  market  in 
dehydrated  fodder  covers  neither  dehydrated 
potatoes  nor  potato  flour,  meal  or flakes  not suitable 
for human  consumption;  whereas  these  products  are 
obtained  through  processes  similar  to those  for 
producing  dehydrated  fodder  and  are  used  for  the 
same  purpose  as  that  product;  whereas  these 
products  should  therefore  be brought  within  the scope 
of Council  Regulation  (EEC)  No  1067/74  (*) of 
30 April  1974  on the  common  organization  of the 
market  in dehydrated  fodder; 
Whereas  the addition  of dehydrated  potatoes  to the 
products  covered  by Regulation  (EEC)  No  1067/74 
entails  the  amendment  of Article  1 of Council 
Regulation  (EEC)  No 865/68  (2) of 28 June  1968  on 
the common  organization  of the market  in products 
processed  from  fruit  and  vegetables,  as last  amended 
by Regulation  (EEC)  No  2429/72  (3); whereas  the 
dates  of the beginning  and  the end  of the marketing 
year for these  new  products  should  also  be fixed; 
H OJ  No L 120,  1. 5. 1974,  p. 2. 
(2) OJ  No L 153,  1. 7. 1968,  p. 8. 
(3) OJ  No L 264,  23. 11. 1972,  p. 1 Whereas,  having  regard  to the situation  of the potato 
market,  provision  should  be made  whereby,  subject 
to certain  conditions,  aid may  be granted  in respect 
of quantities  leaving  drying  plants  on or after  1 April 
1975, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
The text  of Article  1 of Regulation  (EEC)  No 
1067/74  is replaced  by the following: 
There  is hereby  established  a common  organization 
of the  market  in dehydrated  fodder,  covering  the 
following  products: 
CCT 
heading 
No Description  of goods 
a) ex 07.04  B Potatoes  dehydrated  by artificial  heat-
drying,  whole,  cut  sliced,  broken  or in 
powder,  but  not  further  prepared,  not 
suitable  for human  consumption 
ex 11.05 Flour,  meal,  and  flakes  of potato,  not 
suitable  for human  consumption 
b) ex 12.10  B Lucerne,  sainfoin,  clover,  lupins,  vetches 
and similar  forage  products,  dehydrated 
by artificial  heat-drying,  excluding  hay, 
kale forage  and  products  containing  hay