Proposal for a Council Regulation (EC) 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 (97/C 290/03) (Text with EEA relevance) COM(97) 378 final - 97/0201 (CNS)

(submitted by the Commission on 18 July 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 51 and 235 thereof,

Having regard to the proposal from the Commission, presented 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 appropriate to make certain amendments to Council Regulations (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1) and No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EC) 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 (2), whereas these amendments are linked to changes which Member States have made to their social security legislation;

Whereas it is necessary to amend Articles 29 and 31 of Regulation (EEC No 1408/71 and Articles 29, 30, 31, 93 and 95 of Regulation (EEC) No 574/72 following the amending of Article 95 of Regulation (EEC) No 574/72 by Regulation No 3095/95, which replaces lump-sum reimbursement per family by lump-sum reimbursement per person;

Whereas it is necessary to amend paragraphs 1 and 2 of section 'G. IRELAND` of Annex I, Part I, to take account of changes to Irish social security and social services legislation;

Whereas changes to Austrian legislation make it necessary to delete the reference to the childbirth allowance in section 'K. AUSTRIA` in Part II of Annex II to Regulation (EEC) No. 1408/71;

Whereas it would be appropriate to adapt sections 'G. IRELAND`, 'H. ITALY`, 'J. NETHERLANDS` and 'M. FINLAND` of Annex IIa to take account of changes in Irish, Italian, Dutch and Finnish legislation;

Whereas changes to Irish and Dutch legislation make it necessary to amend the references to legislation in Annex IV, section 'G. IRELAND` of Part A, section 'J. NETHERLANDS`, subparagraph (b), of Part A, and paragraph 1 (f) of Part D;

Whereas it is necessary to delete paragraph 1 of section 'B. DENMARK` of Annex VI to take account of the amending of Danish unemployment insurance legislation;

Whereas it is necessary, pursuant to the case law of the Court of Justice (in particularly its judgment in Case C-251/94 Lafuente Nieto), to adapt paragraph 4 (b) of section 'D. SPAIN` of Annex VI, in line with internal provisions, where the basic pension amount is calculated on the basis of past contributions;

Whereas it is necessary to complete paragraph 7 of section 'E. FRANCE` of Annex VI by a reference to the family allowance for the employment of a registered child-minder;

Whereas it is necessary to amend paragraph 5 of section 'G. IRELAND` of Annex VI to take account of the method of calculating remuneration for the granting of sickness and unemployment benefits;

Whereas changes to Dutch legislation relating to survivors and incapacity for work in respect of self-employed workers make it necessary to adapt section 'J. NETHERLANDS` of Annex VI to Regulation (EEC) No 1408/71;

Whereas it is necessary to clarify the application of Finnish legislation on the national pension; whereas a new paragraph 4 must be added to section 'M. FINLAND` of Annex VI;

Whereas administrative reorganisations in Denmark, Greece, Ireland, Italy, Luxembourg, the Netherlands, Austria and Finland make is necessary to adapt sections 'B. DENMARK` of Annexes 2, 3, 4 and 10, 'F. GREECE` of Annexes 1, 2 and 10, 'G. IRELAND` of Annexes 2, 3 and 4, 'H. ITALY` of Annexes 2, 3 and 10, 'I. LUXEMBOURG` of Annex 10, 'J. NETHERLANDS` of Annexes 2, 3, 4 and 10, 'K. AUSTRIA` of Annexes 1, 2, 3, 4 and 10, and 'M. FINLAND` of Annexes 2, 3, 4 and 10 of Regulation (EEC) No 574/72;

Whereas it is necessary to adapt items '9. BELGIUM-NETHERLANDS`, '77. ITALY-NETHERLANDS`, '87. LUXEMBOURG-SWEDEN`, '93. NETHERLANDS-UNITED KINGDOM` and '103. SWEDEN-UNITED KINGDOM` of Annex 5 to Regulation (EEC) No 574/72;

Whereas it is necessary to amend section 'K. AUSTRIA` of Annex 9 to Regulation (EEC) No 574/72 to take account of the amending of Austrian legislation on sickness and maternity benefits;

Whereas, in order to attain the objective of free movement for workers in the field of social security, it is necessary and appropriate to amend the rules relating to the coordination of national social security schemes through a Community legal instrument that is binding and directly applicable in each Member State;

Whereas this is consistent with the provisions of the third paragraph of Article 3b of the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1408/71 is amended as follows:

1. Article 29(1)(a) is replaced by the following:

'(a) Benefits in kind shall be provided by the institution of the place of residence of the members of the family in accordance with the provisions of the legislation which that institution administers, the cost being borne by the institution determined in accordance with the provisions of Article 27 or Article 28 (2); if the place of residence is situated in the competent Member State, benefits in kind shall be provided, and the cost borne, by the competent institution;`

2. Article 31 is amended as follows:

In paragraph (a), the words 'the institution of the pensioner's place of residence` shall be replaced by 'the institution of the place of residence of the pensioner or the members of his family`;

3. In Annex I Part I section 'G. IRELAND`:

(i) In paragraph 1, the words 'Section 5 and 37 of the Social Welfare (Consolidation) Act 1981` are replaced by 'Sections 9, 21 and 49 of the Social Welfare (Consolidation) Act 1993`;

ii) In paragraph 2, the words 'Section 17A of the Social Welfare (Consolidation) Act 1981` are replaced by 'Sections 17 and 21 of the Social Welfare (Consolidation) Act 1993`.

4. In Annex II, Part II, section 'K. AUSTRIA` is replaced as follows:

'K. AUSTRIA

None`.

5. Annex II is amended as follows:

(a) In section 'G. IRELAND`, subparagraphs (a) to (g) are replaced as follows:

'(a) Unemployment assistance [Social Welfare (Consolidation) Act 1993, Part III, Chapter 2];

(b) Old age and blind pensions (non-contributory) [Social Welfare (Consolidation) Act 1993, Part III, Chapters 4 and 5];

(c) Widow's and orphans' pensions (non-contributory) [Social Welfare (Consolidation) Act 1993, Part III, Chapter 6];

(d) One-parent family payment (Social Welfare Act 1993, Part III, Chapter 9);

(e) Carer's allowance (Social Welfare Act 1993, Part III, Chapter 10);

(f) Family income supplement (Social Welfare Act 1993, Part V);

(g) Disability allowance (Social Welfare Act 1996, Part IV)`.

(b) The following is added to section 'H. ITALY`, subparagraph (h):

'(h) Social allowance (Law No 335 of 8 August 1995)`.

(c) In section 'J. NETHERLANDS`, the word 'None` is replaced as follows:

'Law on incapacity benefits for disabled young people (Law of 24 April 1997)`.

(d) In section 'M. FINLAND`, sub-paragraph (d) is replaced as follows

'(d) Labour market support (Labour Market Support Act 1542/93)`.

6. Annex IV is amended as follows:

(a) In part A, the text of section 'G. IRELAND` is replaced as follows:

'Part II, Chapter 15, of the Social Welfare (Consolidation) Act 1993)`.

(b) In part A, subparagraph (b) of section 'J. NETHERLANDS` is replaced as follows:

'Law of 24 April 1997 on work by self-employed persons (WAZ), as amended`.

(c) In part D, paragraph 1 (f) of section 'J. NETHERLANDS` is replaced as follows:

'(f) The Netherlands widow's pension under the Law of 1 July 1996 on general insurance for surviving dependants`.

7. Annex VI is amended as follows:

(a) In section 'B. DENMARK`, paragraph 1 is deleted.

(b) In section 'D. SPAIN`, paragraph 4 (b) is reworded as follows:

'(b) The amount of the pension obtained shall be increased by the amount of the increases and revalorizations calculated for each previous year, for pensions of the same nature`.

(c) Paragraph 7 of section 'E. FRANCE` is reworded as follows:

'7. Notwithstanding Articles 73 and 74 of the Regulation, the housing allowances, the home child-care allowance, the family allowance for the employment of a registered child-minder and the parental child-rearing allowance shall be granted only to persons concerned and to members of their families residing in French territory`.

(d) Paragraph 5 of section 'G. IRELAND` is replaced as follows:

'5. For the purpose of calculating the earnings for the granting of sickness benefit or unemployment benefit under Irish legislation, an amount equal to the average weekly wage in that year of male and female employed persons, as applicable, shall, notwithstanding Articles 23 (1) and 68 (1) of the Regulation, be credited to the employed person in respect of each week of employment completed as an employed person under the legislation of another Member State during the prescribed period`.

(e) In section 'J. NETHERLANDS`:

(i) The first paragraph of 2 (f) is reworded as follows:

'(f) By way of derogation from the provisions of Article 45 (1) of the law on general old-age insurance (AOW) and Article 63(1) of the general law on insurance for surviving dependants (ANW), the spouse of an employed person or of a self-employed person covered by a compulsory insurance scheme, residing in a Member State other than the Netherlands, shall be authorized to take out voluntary insurance under that legislation, but only for the periods after 2 August 1989 during which the employed person or self-employed person is or was compulsorily insured under the above mentioned legislation. This authorization ceases on the date of termination of the compulsory insurance of the employed person or self-employed person`.

(ii) In section 3:

- Sub-paragraph a) is reworded as follows:

'(a) Any employed person or self-employed person who is no longer subject to Dutch legislation on general insurance for surviving dependants shall be deemed to be insured under such legislation when the risk materialises, for the purposes of the implementation of the provisions of Chapter III 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)`.

- The first paragraph of (b) is reworded as follows:

'(b) Where, pursuant to sub-paragraph (a), a widow has the right to a widow's pension under Dutch legislation on general insurance for surviving dependants, that pension shall be calculated in accordance with Article 46 (2) of the Regulation`.

- Sub-paragraph (d) is reworded as follows:

'(d) For the purposes of Article 46 (2) of the Regulation, only periods of insurance completed after the age of 15 years under Dutch legislation shall be taken into account as periods of insurance`.

(iii) Paragraph 4:

- The following heading is added: 'Application of the law on incapacity insurance and of the law on work by self-employed persons`.

- In sub-paragraph (a), the following is added after 'Law of 11 December 1975 relating to incapacity for work (AAW)`: 'Law of 24 April 1997 on work by self-employed persons`.

- In sub-paragraph (b) (ii), the words 'Law of 11 December 1975 (AAW)` are replaced by: 'Law of 24 April 1997 on work by self-employed persons`.

- In the first paragraph of (c), the words 'abovementioned law of 11 December 1975 (AAW)` are replaced by: 'Law of 24 April 1997 on work by self-employed persons`.

- In the third indent of subparagraph (c), the following is added after 'abovementioned Law of 11 December 1975 (AWW)`: 'Law of 24 April 1997 on work by self-employed persons`.

iv) In section 6, the words 'general insurance for widows and orphans` are replaced by 'general insurance for surviving dependants`.

(f) The following new paragraph 4 is added to section 'M. FINLAND`:

'4. An employed or self-employed person who is no longer insured under the National Pensions Act is regarded, in accordance with the provisions of Title III, Chapter 3 of this Regulation, as having the status of an insured person under the above-mentioned Act if, at the time of retirement, he or she was insured under the legislation of another Member State or, if this was not the case, he or she is entitled, in respect of the same risk, to a pension under the legislation of another Member State. The latter requirement is, however, covered by Article 48 (1)`.

Article 2

Regulation (EEC) No 574/72 is amended as follows:

1. Article 29 is amended as follows:

(a) In paragraph 1, the words 'residing in the same Member State` are added after 'a pensioner and the members of his family`;

(b) In paragraphs 2 and 5, the words 'residing in the same Member State` are added after 'members of his family`.

2. Article 30 is amended as follows:

(a) In the heading, the words 'outside the competent Member State` are added after 'who are resident`;

(b) Paragraph 1 is amended as follows:

The second sentence is replaced by the following:

'This certified statement, which shall be issued by the institution or by one of the institutions responsible for paying the pension, or, where applicable, the institution empowered to decide on entitlement to benefits in kind, shall remain valid as long as the institution of the place of residence of the members of the family has not been notified of its cancellation`.

The following sentence is added after the second sentence:

'If the members of the family do not present a certified statement, the institution of the place of residence shall, in order to obtain it, contact the institution or institutions responsible for paying the pension or, where applicable, the institution empowered to do so`.

(c) Paragraph 3 is replaced by the following text:

'(3) The institution which has issued the certified statement referred to in paragraph 1 shall inform the institution of the place of residence of the members of the family of the suspension or withdrawal of the pension. The institution of the place of residence of the members of the family may, at any time, request the institution which has issued the certified statement to supply it with any information related to entitlement to benefits in kind`.

(d) The following paragraph is added after paragraph 4:

'(5) The institution of the place of residence shall inform the institution which issued the statement referred to in paragraph 1 of any registration it has carried out, in accordance with the provisions of that paragraph`.

3. Article 31 is amended as follows:

The following sentence is added at the end of paragraph 3:

'If the latter reside in the territory of a Member State other than that of the pensioner, the certified statement provided for in paragraph 1 shall be issued by the institution of their place of residence, which, for the purposes of paragraph 2, shall be considered to be the competent institution`.

4. Article 93 is amended as follows:

In paragraphs 1 and 2, the words 'Article 29 (1)` are deleted.

5. Article 95 is amended as follows:

(a) In paragraph 1, the words 'Article 29 (1)` are added after 'Articles 28 (1) and 28 (a)`.

(b) In paragraph 3 (b), the words 'pensioners and members of their family referred to in Article 28 (2)` are replaced by 'pensioners, and/or members of their family, referred to in Article 28 (2) or Article 29 (1)`.

6. Annex 1 is amended as follows:

(a) The following paragraph 4 is added to section 'F. GREECE`:

'4. Õðïõñãüò ÅèíéêÞò Áìýíçò, ÁèÞíá (Ministry of National Defence, Athens)`.

(b) Section 'K. AUSTRIA` is replaced as follows:

'K. AUSTRIA

1. Bundesminister für Arbeit, Gesundheit und Soziales (Federal Minister for Labour, Health and Social Affairs), Wien.

2. Bundesminister für Umwelt, Jugend und Familie (Federal Minister for the Environment, Youth and the Family), Wien`.

7. Annex 2 is amended as follows:

(a) In section 'B. DENMARK`, paragraphs 2 (a) and 3 (a), the words 'Direktoratet for Social Sikring og Bistand (National Office for Social Security and Welfare), København` in the right-hand column are replaced by 'Den Sociale Sikringsstyrelse (Social Security Administration), København`.

(b) In section 'F. GREECE`:

(i) In items 1 to 6, subparagraphs (i), (ii) and (iii) are renumbered (a), (b) and (c) respectively.

(ii) The following subparagraph (d) is inserted into item 1:

'(d) For public service employees:

(i) civil servants: Õðïõñãåßï Õãåßáò êáé Ðñüíïéáò, ÁèÞíá (Ministry of Health and Welfare, Athens).

(ii) local government employees: Ôáìåßï Õãåßáò Äçìïôéêþí êáé Êïéíïôéêþí ÕðáëëÞëùí (ÔÕÄÊÕ), ÁèÞíá (Health Fund for Employees of Municipalities and Communities, TYDKY, Athens).

(iii) military personnel on active service: Õðïõñãåßï ÅèíéêÞò Áìýíçò, ÁèÞíá (Ministry of National Defence, Athens).

(iv) military personnel on active service in the Harbour Guard: Õðïõñãåßï ÅìðïñéêÞò Íáõôéëßáò, ÐåéñáéÜò (Ministry of the Merchant Navy, Piraeus)`.

(c) In paragraph 2 of section 'G. IRELAND`:

(i) The following new subparagraph (d) is inserted:

'(d) Invalidity benefits and maternity benefits: Department of Social Welfare, Longford`.

(ii) The present subparagraph (d) becomes subparagraph (e).

(d) In section 'H. ITALY`:

(i) In paragraph 1.A, subparagraphs (b) (ii) and (c) (ii), the words 'Cassa maritima (Maritime Fund)` in the right-hand column are replaced by:

'Ipsema (Istituto di previdenza del settore marittimo - Social Welfare Institution in the maritime sector)`.

ii) In paragraph 2.A, subparagraphs (b) (ii) and (c) (ii), the words 'Cassa maritima (Maritime Fund)` in the right-hand column are replaced by:

'Ipsema (Istituto di previdenza del settore marittimo - Social Welfare Institution in the maritime sector)`.

(iii) In paragraph 3.B, subparagraph (d) is deleted.

(iv) In paragraph 4, the words 'Cassa maritima (Maritime Fund)` in the right-hand column are replaced by:

'Ipsema (Istituto di previdenza del settore maritimo - Social Welfare Institution in the maritime sector)`.

(e) In section 'J. NETHERLANDS`:

(i) In paragraphs 1 (b), 2 (a) (i) and 4, the words 'Bedrijfsvereniging (Professional and Trade Association) with which the insured person's employer is insured` are replaced by: 'Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via the agency with which the insured person's employer is registered`;

(ii) In paragraph 2 (a) (ii), the words 'Bedrijfsvereniging (Professional and Trade Association) with which the insured persons would be insured if he had personnel in his employ` are replaced by: 'Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via the agency with which the insured person would be registered if the had personnel in this employ`;

(iii) In paragraphs 2 (b) and 6 (b), the words 'De Nieuwe Algemene Bedrijfsvereniging (New General Professional and Trade Association), Amsterdam` are replaced by: 'Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Nederland bv, Amsterdam`;

(f) In section 'K. AUSTRIA`, paragraph 4 is replaced as follows:

'4. Family benefits:

(a) Family benefits with the exception of Karenzgeld (parental leave allowance): Finanzamt (Tax Office);

(b) Karenzgeld (parental leave allowance); Gebietskrankenkasse (Regional Health Insurance Fund) responsible for the place of residence or place of stay of the person concerned`.

(g) In section 'M. FINLAND`:

(i) In paragraph 1 (b), a new subparagraph (ii) is added, as follows:

'(ii) social insurance institution rehabilitation: Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki`.

(ii) The present paragraph 1 (b) (ii) thus becomes 1 (b) (iii).

(iii) Paragraph 4 is deleted.

(iv) In paragraph 5 (a), the text in the right-hand column, 'Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki, or`, is replaced by: 'Ahvenanmaan maakunnan tvövoimatoimikunta/Arbetskraftskommissionen i landskapet Åland (Employment Commission in the Province of Åland) or`.

(v) A new paragraph 7 is added, as follows:

'7. Special non-contributory benefits: Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki`.

8. Annex 3 is amended as follows:

(a) In section 'B. DENMARK`, part I 'INSTITUTIONS OF THE PLACE OF RESIDENCE`, subparagraphs (b) and (c), the words 'Direktoratet for Social Sikring og Bistand, (National Office for Social Security and Welfare), København` in the right-hand column are replaced by:

'Den Sociale Sikringsstyrelse (Social Security Department), København`.

b) In paragraph 2 of section 'G. IRELAND`:

(i) A new sub-paragraph (d) is inserted as follows:

'(d) Invalidity benefits and maternity benefits: Department of Social Welfare, Longford`.

(ii) The present subparagraph (d) becomes subparagraph (e).

(c) In section 'H. ITALY`:

(i) In paragraph 1.A, subparagraph (b) (ii), the words 'Cassa maritima (Maritime Fund)` in the right-hand column are replaced by:

'Ipsema (Istituto di previdenza del settore marittimo - Social Welfare Institution in the maritime sector)`.

(ii) In paragraph 3.B, subparagraph (d) is deleted.

(d) In section 'J. NETHERLANDS`:

(i) In paragraphs 1 (b), 2 (b) and 4, the words 'Nieuwe Algemene Bedrijfsvereniging (New General Professional and Trade Association), Amsterdam` in the right-hand column are replaced by:

'Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Netherlands bv, Amsterdam`.

(ii) In paragraph 2 (a) the words 'Bedrijfsvereniging (Professional and Trade Association` in the right-hand column are replaced by:

'Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Netherlands bv, Amsterdam`.

(e) In section 'K. AUSTRIA`:

(i) In paragraph 1 (a), the text of the right-hand column is replaced by the following:

'Gebietskrankenkasse (Regional Health Insurance Fund) competent for the place of residence or place of stay of the person concerned or, in the event of treatment at a hospital or clinic for which a Landesfonds ('Land` fund) is responsible, the Landesfonds competent for the place of residence or place of stay of the person concerned`.

(ii) In paragraph 3 (a), the text of the right-hand column is replaced by:

'Gebietskrankenkasse (Regional Health Insurance Fund) competent for the place of residence or place of stay of the person concerned or, in the event of treatment at a hospital or clinic for which a Landesfonds ('Land` fund) is responsible, the Landesfonds competent for the place of residence or place of stay of the person concerned or the Allgemeine Unfallversicherungsanstalt (General Accident Insurance Institution), Wien, which may also grant benefits`.

(iii) Paragraph 5 is replaced as follows:

'5. Family benefits

a) Family benefits with the exception of Karenzgeld (parental leave allowance): Finanzamt (Tax Office) competent for the place of residence or place of stay of the person concerned.

b) Karenzgeld (parental leave allowance): Gebietskrankenkasse (Regional Health Insurance Fund) 'competent for the place of residence or place of stay or the person concerned`.

(f) In section 'M. FINLAND`:

(i) Paragraph 1 (b) (ii) is replaced as follows:

'ii) Health insurance reimbursements and social insurance institution rehabilitation: Kansaneläkelaitos/Folkpensionsanstalten (Sociale Insurance Institution)`.

(ii) Paragraph 3 is replaced as follows:

'3. Industrial accidents and occupational diseases: Tapaturmavakuutuslaitosten liitto/Olycksfallsförsäkringsanstalternas förbund (Federation of Accident Insurance Institutions), Helsinki`.

(iii) In paragraph 1 (a), 2 (a), 4 (a) and (b) (i), and 5, the word 'Helsinki` in the right-hand column after the name of the institution is deleted.

9. Annex 4 is amended as follows:

(a) In section 'B. DENMARK`, paragraphs 1 (b), 2, 3 and 5, the words 'Direktoratet for Social Sikring og Bistand (National Office for Social Security and Welfare), København` in the right-hand column are replaced by:

'Den Sociale Sikringsstyrelse (Social Security Directorate), København`.

(b) In paragraph 2 of section 'G. IRELAND`:

(i) The following new subparagraph (c) is inserted:

'(d) Invalidity benefits and maternity benefits: Department of Social Welfare, Longford`.

(ii) The present sub-paragraph (c) becomes subparagraph (d).

(c) In section 'J. NETHERLANDS`, paragraph 1 (b), the words 'Algemene Bedrijfsvereniging (New General Professional and Trade Association), Amsterdam` in the right-hand column are replaced as follows:

'Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Nederland bv, Amsterdam`.

(d) In section 'K. AUSTRIA`, paragraph 3 is replaced as follows:

'3. Family benefits

(a) Family benefits with the exception Karenzgeld (parental leave allowance): Bundesministerium für Umwelt, Jugend und Familie (Federal Ministry of the Environment, Youth and the Family), Wien.

(b) Karenzgeld (parental leave allowance): Bundesministerium für Arbeit, Gesundheit und Soziales (Federal Ministry of Labour, Health and Social Affairs), section III, Wien`.

(e) In section 'M. FINLAND`, paragraph 1, the words 'death grants` in the left-hand column are deleted.

10. Annex 5 is amended as follows:

(a) In section '9. BELGIUM-NETHERLANDS`, sub-paragraph (a) is deleted, and sub-paragraph (b), (c), and (d) become sub-paragraphs (a), (b) and (c) respectively.

(b) In section '77. ITALY-NETHERLANDS`, the following sub-paragraph (c) is added:

'(c) the Agreement of 24 December 1996/27 February 1997 on Article 36 (3) and Article 63 (3) of the Regulation`.

(c) In section '87. LUXEMBOURG-SWEDEN`, the word 'None` is replaced by:

'Arrangement of 27 November 1996 on the reimbursement of expenditure in the field of social security`.

(d) In section '93. NETHERLANDS-UNITED KINGDOM`, sub-paragraphs (b) and (c) are deleted, and sub-paragraph (d) becomes sub-paragraph (b).

(e) In section '103. SWEDEN-UNITED KINGDOM`, the word 'None` is replaced by:

'The arrangement of 15 April 1997 concerning Article 36 (3) and Article 63 (3) of the Regulation (reimbursement or waiving of reimbursement of the cost of benefits in kind) and Article 105 (2) of the implementing Regulation (waiving of refunds of the costs of administrative checks and medical examinations)`.

11. In Annex 9, section 'K. AUSTRIA` is replaced by the following:

'The average annual cost of benefits in kind shall be calculated by taking into consideration the benefits provided by the Gebietskrankenkassen (Regional Health Insurance Funds) and the Landesfonds (bodies responsible for hospital treatment at 'Land` level)`.

12. Annex 10 is amended as follows:

(a) In section 'B. DENMARK`, paragraphs 1, 2, 3 and 7 (b), the words 'Direktoratet for Social Sikring og Bistand (National Office for Social Security and Welfare), København` in the right-hand column are replaced by:

'Den Sociale Sikringsstyrelse (Social Security Directorate), København`.

(b) In section 'F. GREECE`, paragraph 7 (c) is replaced as follows:

'(c) Other benefits:

(i) for the employed, self-employed and local government employees: ºäñõìá Êïéíùíéêþí Áóöáëßóåùí (ÉÊÁ) ÁèÞíá (Social Insurance Institute, Athens).

(ii) for civil servants: Õðïõñãåßï Õãåßáò êáé Ðñüíïéáò, ÁèÞíá (Ministry of Health and Welfare, Athens).

(iii) for military personnel on active service: Õðïõñãåßï ÅèíéêÞò Áìýíçò, ÁèÞíá (Ministry of National Defence, Athens).

(iv) for military personnel on active service in the Harbour Guard: Õðïõñãåßï ÅìðïñéêÞò Íáõôéëßáò, ÐåéñáéÜò (Ministry of the Merchant Navy, Piraeus)`.

(c) In section 'H. ITALY`, paragraph 3 is deleted.

(d) In paragraph 3 of section 'I. LUXEMBOURG`, the words 'Inspection générale de la sécurite sociale (General Inspectorate for Social Security), Luxembourg` in the right-hand column are replaced by:

'Centre commun de la sécurité sociale (Joint Social Security Centre), Luxembourg`.

(e) In section 'J. NETHERLANDS`:

(i) In paragraph 3, the words 'Algemene Bedrijfsvereniging (New General Professional and Trade Association), Amsterdam` in the right-hand-column are replaced as follows:

'Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Nederland bv, Amsterdam`.

(ii) In paragraph 4 (b), the words 'Algemeen Werkloosheidsfonds (General Unemployment Fund), Zoetermeer`, in the right-hand column, are replaced by:

'Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Nederland bv, Amsterdam`.

(f) In section 'K. AUSTRIA`:

(i) Paragraphs 1-3 are replaced by:

'1. For the purpose of applying Articles 14 (1) (b) and 17 of the Regulation:

Bundesminster für Arbeit, Gesundheit und Soziales (Federal Minister for Labour, Health and Social Affairs), Wien, in agreement with the Bundesminister für Umwelt, Jugend und Familie (Federal Minister for the Environment, Youth and the Family), Wien.

2. For the purpose of applying Articles 11, 11a, 12a, 13 and 14 of the implementing Regulation:

(a) When the person concerned is subject to Austrian legislation: the competent sickness insurance scheme;

(b) In all other cases: Hauptverband der österreichischen Versicherungsträger (Central Association of Austrian Social Insurance Institutions), Wien.

3. For the application of Article 14d (3) of the Regulation: the competent institution`.

(ii) Paragraph 6 is replaced by:

'6. For the purpose of applying Article 85 (2) and 86 (2) of the implementing Regulation in relation to Karenzgeld (parental leave allowance): Gebietskrankenkasse (Regional Health Insurance Fund) competent for the last place of residence or stay of the person concerned`.

(g) In paragraph 6 of section 'M. FINLAND`, the words 'the institution of the place of residence or stay, the insurance institution designated by` in the right-hand column are deleted.

Article 3

This Regulation shall enter into force on the first day of the month following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ L 149, 5. 7. 1971, p. 2. Regulation as last amended and updated by Regulation (EC) No 118/97 (OJ L 28, 30. 1. 1997).

(2) OJ L 74, 27. 3. 1972, p. 1. Regulation as last amended and updated by Regulation (EC) No 118/97 (OJ L 28, 30. 1. 1997).