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
Date: 1991-07-12
Institutions: European Commission
Subjects: Community migration, dependant, self-employment, social security, wage earner

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) 

-  2  -

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. 

- 4 -

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. 

- 5-

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 

- 6 -

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. 

- 8 -

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  K b)  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, 

Having  regard  to the Opinion of the European  Parliament  , 

2 

Having  regard  to the Opinion of the Economic  and Social Committee  , 

10J  No C 

20J  No C 

30J  NO C 

-  14 -

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 

'I 
k 
•'* 
| 
\ 

j 
t 
j 

Î 

* 
j 
] 
; 
I 
[ 

i 

I 
! 
j 

f 

j 

| 

I 
i 
| 
l 
| 

| 
! 

- 15 -

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; 

Whereas  there  are grounds  for deleting  point  8  in  heading 
C. Germany of Annex  VI to Regulation  (EEC) No  1408/71  because 

it  is no  longer of  practical  significance; 

Whereas  it  is deemed  necessary, following  a Judgment  of  the 
Court  of  Justice  in Case No  20/85  (ROVIELLO)^  to delete  point  15 
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 

F. Greece of  Annex  VI to Regulation  (EEC) No  1408/71  for  the 
purpose  of  resolving  practical  difficulties  resulting  from 
certain  peculiarities  of  the OGA  scheme; 

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 
as it makes reference  to  the abovementioned  Articles  73 and 74; 

Whereas  it would  seem  expedient  to adapt  the  text  of  Article  34 
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^ 

-  18 -

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  K b)  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." 

-  26 -

(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  K b)  is deleted. 

(iii)  point  1(c) becomes point K b ). 

(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