No C 169/22 Official Journal of the European Communities 9.7.80 
4. A description of the measures envisaged to eliminate, reduce or compensate adverse effects on the 
environment 
5. The description of the relationship between the proposed project and existing environmental and 
land-use plans and standards for the areas likely to be affected 
6. An explanation of the reasons for the choice of the site and design of the proposed project in 
preference to the other reasonable alternatives, having regard, in particular, to the technical and 
economic characteristics of the main and associated project and to the characteristics of the 
environment likely to be affected 
7. A non-technical summary of abovementioned headings 
Proposal for a Council Regulation amending, for the benefit of unemployed workers, 
Regulation (EEC) No 1408/71 on the application of social security schemes to employed 
persons and their families moving within the Community 
(Submitted by the Commission to the Council on 18 June 1980) 
THE COUNCIL OF THK EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 2, 7 and 51 thereof, 
Having regard to Regulation (EEC) No 1408/71 of 
the Council 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 1517/79 (2), 
Having regard to the proposal from the Commission 
made after consultation with the Administrative 
Commission on Social Security for Migrant Workers, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
(') OJNoL 149, 5. 7. 1971, p. 2. 
O OJ No L 185, 21. 7. 1979, p. 1. Whereas certain shortcomings in the Community 
rules concerned have emerged during implementation 
of Regulation (EEC) No 1408/71; whereas there are 
therefore grounds for improving the rights of migrant 
workers; 
Whereas the provisions of Regulation (EEC) 
No 1408/71 on the granting of unemployment 
benefits were adopted at a time when there was full 
employment; whereas these provisions are no longer 
suited to current labour market conditions in the 
Community; 
Whereas, in particular, account should be taken of 
the various measures taken in the Member States to 
induce elderly workers to make way for younger 
workers or to refrain from requesting the 
employment services to help them in finding work, by 
providing them with a specific guaranteed income 
level until they reach retirement age; 
Whereas the granting of these benefits, in accordance 
with their objective and unlike normal unemployment 
benefits, is not subject to the condition that the 
beneficiary remain available to the employment 
services; whereas the condition of residence that may 
be linked to the payments of these benefits should 
therefore be abolished for the beneficiaries; whereas 
9.7. 80 Official journal of the European Communities NoC 169/23 
for this purpose the export of benefits should be 
guaranteed for workers already receiving such 
benefits in the territory of the competent State who 
transfer their place of residence to the territory of 
another Member State; whereas there are grounds for 
extending the payments of these benefits also to 
wholly unemployed frontier workers and other 
wholly unemployed persons who reside in the 
territory of a Member State other than the competent 
State; 
Whereas account should be taken of the fact that the 
opportunities for finding a new job within a 
reasonable period of time have diminished sub­
stantially; whereas therefore, workers who have 
become unemployed in a Member State should be 
given the opportunity of transferring their place of 
residence to a Member State with which they have 
closer ties without forfeiting their entitlement to 
unemployment benefits; 
Whereas the persons concerned would thus be 
available on the labour market of the Member State 
to which they have transferred their place of 
residence under the supervision of the employment 
services of the said Member State; whereas in these 
cases provision should be made for the payment of 
the unemployment benefits provided for by the 
legislation of the said Member State as if they had 
been subject thereto during their last employment; 
whereas there are nevertheless good grounds for 
expecting the Member State in which these workers 
have been insured to cover the cost of these benefits 
for a certain period; 
Whereas sickness insurance benefits and family 
benefits should be paid to beneficiaries of a pre­
retirement benefit and to unemployed persons who 
have transferred their place of residence under the 
conditions set out above; 
Whereas, moreover, the experience gained in the 
implementation of the provisions currently in force 
has shown up the need for certain improvements and' 
amendments of a more technical nature; whereas, 
consequently, there are also grounds for amending 
Annex V to Regulation (EEC) No 1408/71; 
Whereas account should be taken in this Annex of a 
new provision in Danish legislation introducing an 
early retirement benefit which is granted on condition 
that the person concerned remains available on the 
national labour market, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation No 1408/71 is hereby amended as 
follows: 1. In Article 1 
(a) the last subparagraph of (j) shall be replaced 
by the following: 
'The provisions of the preceding subpara­
graph shall not have the effect of exempting 
from the application of this Regulation 
— the schemes to which Regulation No 3 
applied; 
— agreements relating to "pre-retirement 
benefits".' 
(b) The following subparagraph shall be added 
after (v): 
'(w) "pre-retirement benefit" means any cash 
benefit other than an early retirement 
benefit provided to wholly unemployed 
workers from a specified age until the 
age at which they qualify for an old-age 
pension or an unreduced early 
retirement pension, the receipt of which 
is not conditional upon the person 
concerned being available to the 
employment services of the competent 
State.' 
2. In Article 25 
(a) the title shall be replaced by the following: 
'Unemployed persons, pre-retirement pen­
sioners and members of their families' 
(b) in paragraph 1, the words 'the second 
sentence of shall be deleted between 'Article 
69 (1) and' and 'of Article 71 (1) (b) (ii)' 
(c) The following paragraph shall be added after 
paragraph 4: 
'(5) (a) The provisions of paragraph 1 shall 
apply mutatis mutandis to workers 
referred to in Article 71a (1). 
However, the length of the period 
during which benefits in kind are 
provided shall be governed by the 
legislation of the competent State. 
(b) The provisions of paragraph 2 shall 
apply mutatis mutandis to the 
workers referred to in Article 69a (1) 
and Article 71a (2) (a). 
(c) The provisions of paragraph 3 shall 
apply mutatis mutandis to the 
members of the family of the 
workers referred to in Article 69a 
and Article 71a'. 
NoC 169/24 Official Journal of the European Communities 9.7. 80 
3. Article 44 (3) shall be replaced by the following: 
'(3) This Chapter shall apply 
(a) neither to pre-retirement benefits 
(b) nor to increases or supplements to pensions in 
respect of children or orphans' pensions 
granted pursuant to Chapter 8'. 
4. The title of Chapter 6 of Title III shall be 
replaced by 'UNEMPLOYMENT AND PRE­
RETIREMENT. 
5. In the first line of Article 67 (3), the words 
'Article 69a and' shall be inserted between 
'referred to in' and 'Article 71 (1) (a) (ii)'. 
6. Article 68 (1) shall be replaced by the following: 
'(1) The competent institution of a Member 
State whose legislation provides that the calcu­
lation of benefits should be based on the amount 
of the previous wage or salary shall take into 
account exclusively the wage or salary received 
by the person concerned in respect of his last 
employment immediately prior to the material­
ization of the risk under the legislation it 
administers. The institution providing the benefits 
in accordance with Article 71 (1) (a) (ii) and 
(b)(ii) shall take into account the salary received 
by the person concerned, on the same conditions, 
under the legislation of the competent State. 
However, if the person concerned had been in his 
last employment under that legislation for less 
than four weeks, the benefits shall be calculated 
on the basis of the normal wage or salary 
corresponding, in the place where the 
unemployed person is residing or staying, to 
employment equivalent or similar to his last 
employment under the legislation of an other 
Member State.' 
7. In Article 69 
(a) The title shall be replaced by the following: 
'Rules applying to unemployed persons going 
temporarily to a Member State other than the 
competent State — Conditions and limits for the 
retention of the rights to benefits' 
(b) Paragraph 2 shall be replaced by the 
following: 
'(2) The unemployed person shall continue 
to be entitled to benefits under the legislation 
of the competent State provided that he 
returns to the territory of that State 
(a) either before the expiry of the period 
during which he is entitled to benefits under paragraph 1 (c). In exceptional 
cases, this time limit may be extended by 
the competent services or institutions; 
(b) or, subject to the provisions of Annex V, 
after the expiry of this period but before 
the expiry of the period during which, 
under the legislation of that Member 
State, the worker may leave the territory 
of the said State without thereby 
forfeiting his right to benefits.' 
(c) Paragraph 4 shall be replaced by the 
following: 
'(4) For the purpose of applying this 
Article to a worker who has become entitled 
to benefits under the legislation of the 
Member State in whose territory he resides, 
in accordance with Article 71 (l)(ii) or (b)(ii), 
that Member State, its employment services 
and its competent institution shall be 
regarded as the competent State, the 
competent services and the competent 
institution, respectively.' 
8. The following Article shall be inserted after 
Article 69: 
'Article 69a 
Rules applying to workers transferring their residence to 
a Member State other than the one where they pursued 
their last employment — Conditions and limits for 
entitlement to benefits 
(1) Fully unemployed workers who during 
their last employment resided in the territory of 
the competent State and who transfer their place 
of residence to the territory of another Member 
State and place themselves at the disposal of the 
employment services of the other Member State: 
(i) where he or his spouse resided for a period 
of not less than 15 years or 
(ii) where his spouse pursued an occupation or 
resided for a period of not less than six 
months or 
(iii) where, if he is unmarried, his direct 
ascendants resided for a period of not less 
than 1 year 
shall receive benefits as if he had been subject to 
the legislation of the latter Member State during 
his last employment. 
(2) For as long as he is receiving benefits 
under Article 69, the person concerned may not 
claim benefits under paragraph 1.' 
9. In Article 70 
(a) the following paragraph shall be inserted 
after paragraph 1: 
9.7.80 Official Journal of the European Communities No C 169/25 
'(2) In the cases referred to in Article 69a, 
benefits shall be provided by the institution of 
a Member State to whose territory the 
unemployed person has transferred his 
residence, in accordance with the provisions 
of the legislation it administers. When the 
person concerned has, for the same case of 
unemployment, become entitled to the 
benefits provided for by the legislation of the 
competent State, the institution of the 
Member State to whose territory he has 
transferred his place of residence shall take 
this period of benefit payment into account as 
if such benefits were granted under the 
legislation which it administers. 
The institution of the competent State to 
whose legislation the person concerned was 
subject before transferring his place of 
residence shall be obliged to reimburse the 
benefits provided in accordance with the 
preceding subparagraph during the period in 
which he would have been entitled to benefits 
if he had remained in the territory of that 
State. The duration of such reimbursement, 
however, shall be limited to six months from 
the day on which the person concerned left 
the territory of the competent State.' 
(b) Paragraph 2 shall be renumbered para­
graph 3. 
(c) The following subparagraph shall be added to 
the new paragraph 3: 
'The reimbursements referred to in paragraph 
2 shall be- made in accordance with the 
procedure laid down by the implementing 
regulation referred to in Article 97 to the 
amount provided for by the legislation of the 
competent Member State up to a maximum 
of 85 % of the actual amount of the benefits.' 
(d) The original paragraph 3 shall be renumbered 
paragraph 4. 
10. In Article 71 
(a) paragraph 1 shall be replaced by the 
following: 
'(1) An unemployed person who, during 
his last employment, was residing in the 
territory of a Member State other than the 
competent State, shall receive benefits in 
accordance with the following provisions: 
(a) (i) a frontier worker who is unemployed 
but who is not wholly unemployed in 
the undertaking which employs him 
shall receive benefits in accordance 
with the legislation of the competent 
State as if he were residing in the 
territory of that State; these benefits 
shall be provided by the competent 
institution; (ii) a frontier worker who is wholly 
unemployed shall receive benefits in 
accordance with the legislation of the 
Member State in whose territory he 
resides as though he has been subject 
to that legislation while last 
employed; the institution of the place 
of residence shall provide such 
benefits at it own expense; 
(b) (i) a worker, other than a frontier 
worker, who is unemployed but not 
wholly unemployed and who remains 
available to his employer or to the 
employment services in the territory 
of the competent State shall receive 
benefits in accordance with the 
legislation of that State as if he were 
residing in its territory; these benefits 
shall be provided by the competent 
institution. 
(ii) a worker, other than a frontier 
worker, who is wholly unemployed 
and who makes himself available for 
work to the employment services in 
the territory of the Member State in 
which he resides, or who returns to 
that territory, shall receive benefits in 
accordance with the legislation of the 
said State as though he had been 
subject to that legislation during his 
last employment; the institution of 
the place of residence shall provide 
such benefits at its own expense. 
Where, however, in respect of the 
same case of unemployment, such 
worker has become entitled to 
benefits at the expense of the 
competent institution of the Member 
State to whose legislation he was last 
subject, the institution of the place of 
residence shall take that period of 
benefit payments into account as if 
such benefits were granted under the 
legislation which it administers.' 
(b) The following paragraph shall be added after 
paragraph 2: 
'(3) For the purpose of applying the 
preceding paragraphs "wholly unemployed" 
refers to the position of a worker whose 
contract of employment has ended.' 
11. After Section 3: 
(a) the following section shall be inserted: 
'Section 4 
Pre-retirement' 
(b) the following Article shall be inserted under 
the new Section 4: 
'Article 71a 
'Rules relating to the granting of pre-retirement 
benefits to unemployed persons transferring their 
No C 169/26 Official Journal of the European Communities 9.7.80 
residence to a Member State other than the country 
in which they were last employed and to 
unemployed persons who, in the course of their last 
employment resided in a Member State other than 
the competent State. 
(1) A wholly unemployed worker who 
resides in a Member State and receives a pre­
retirement benefit under the legislation of 
that State shall retain the right to such benefit 
if he transfers his place of residence to the 
territory of another Member State. 
(2) (a) Notwithstanding the provisions of 
Article 71(l)(a)(ii) and (b)(ii), a 
worker who during his last 
employment resided in the territory 
of a Member State other than the 
competent State shall qualify for the 
pre-retirement benefits provided for 
by the legislation of the latter State as 
though he resided there; 
(b) The institution of the place of 
residence of such worker shall 
reimburse that benefit to the 
competent institution up to the 
amount of the unemployment benefits 
that it would have had to pay to the 
person concerned in accordance with 
Article 71(l)(a)(ii) or (l)(b)(ii) if he 
had made himself available for work 
to the employment services of the 
place of residence; 
(c) The reimbursements referred to in (b) 
shall be determined and made by 
common assent between the Member 
States concerned or the competent 
authorities of these States. These 
States or their competent authorities 
may waive all reimbursements 
between the institutions coming 
under their jurisdiction; 
(d) The obligation to make 
reimbursements shall lapse if the 
worker referred to in (a) transfers his 
place of residence to another 
Member State. 
(3) At the request of the competent 
institution, the institution of the place of 
residence shall carry out or have carried out 
any checks necessary to ascertain whether the 
beneficiary of the pre-retirement benefit still 
satisfies the conditions governing the 
retention of the right to benefits provided for by the legislation of the competent State. The 
procedure for such checks shall be laid down 
by the regulation referred to in Article 97.' 
12. The following paragraph shall be added to Article 
74: 
'(3) The provisions of the preceding 
paragraphs shall apply mutatis mutandis to 
persons receiving a pre-retirement benefit.' 
13. In Annex V: 
1. In point 'A. BELGIUM', the following 
paragraph shall be added 
after paragraph 4: 
'5. In the cases referred to in Article 69(2)(b), 
the unemployed person shall recover the 
right to unemployment benefits only after 
having worked for not less than three 
months after returning to Belgium.' 
2. In point 'B. DENMARK', the following 
paragraph shall be added after paragraph 11: 
'12. The early retirement pension provided for 
by Danish legislation, which is granted by 
way of derogation from the conditions 
governing age because of unemployment 
or a similar lack of opportunity to engage 
in employment to workers between 55 
and 60 years of age, shall not be due 
where the person concerned does not 
reside in the territory of Denmark.' 
3. In point 'C. GERMANY', the following 
paragraph shall be added after paragraph 10: 
'11. In the case referred to in Article 69(2)(b), 
the unemployed person shall recover the 
right to unemployed benefits only after 
having worked for not less than three 
months after returning to Germany.' 
Article 2 
This Regulation shall enter into force on the first day 
of the third month following publication in the 
Official Journal of the European Communities of the 
Regulation amending Regulation (EEC) No 574/72 
fixing the procedure for implementing this Regu­
lation. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.