Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) N° 1408/71 or the application of social security schemes to employed persons, to self­employed persons and to members of their families moving within the Community and Regulation ( EEC ) N° 574/72 laying down the procedure for implementing Regulation ( EEC ) N° 1408/71
Date: 1991-12-13
Institutions: European Commission
Subjects: European official, self-employment, social security, wage earner

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 528  final 

Brussels, 13 December  1991 

Proposal for a 

COUNCIL REGULATION  (EEC) 

amending Regulation (EEC) N° 1408/71 

or. 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) N° 574/72 laying down 

the procedure for implementing Regulation  (EEC) N° 1408/71 

(presented by the Commission) 

- 2 -

EXPLANATORY  MEMORANDUM 

of the Proposal  for a Regulation  (EEC) of  the Council  amending 

Regulation  (EEC) N*  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) 

N*  574/2  laying down the procedure  for  implementing  Regulation  (EEC) 

N*  1408/71 

I. 

BACKGROUND 

Article  51 of  the EEC Treaty makes  it  Incumbent  on the Council 

to adopt  such measures  in the field of  social  security  as are 

necessary  to provide  freedom of movement  for workers by 

establishing  a system  encompassing 

-  aggregation of periods of  insurance, employment  or  residence; 

-  payment  of benefits  throughout  the territory  of  the  Community. 

On this basis  and  in conjunction with Articles  2 and  7 of  the Treaty, 

Council  Regulations  Nos 3 and 4 on social security  for migrant  workers 

were adopted, subsequently  replaced by Regulations  (EEC) No 1408/71 
and  (EEC) N° 574/722. 

i 

(1)  Council  Regulation  (EEC) N*  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  (0J  L 149 

of  5 July  1971) 

(2)  Council Regulation  (EEC) N° 574/72 of  21 March  1972  laying down the 

procedure  for  implementing  Regulation  (EEC) N* 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 

- 3 -

The scope of these two Regulations was subsequently  extended  to 

self-employed  persons on the basis of Articles 2, 7, 51 and 235 of 

the Treaty  . 

The  recourse  to the aforementioned  Article 235 was due to the fact 

that  there were no provisions  in the Treaty making  it possible for 

the Council  to adopt  coordinating  rules  for social  security  in 

respect of  this  category of workers although  there was  felt  to be 

a need  for  taking action  in this domain.  However,  certain 

particular  rules on unemployment  and  family benefits  continued  to 

be non-applicable to self-employed  persons. 

The Treaty does not make provision  for  removing  the obstacles  inherent 

in social  security  to the establishment  of  freedom  of movement  for 

persons who are not workers or members  of  their families. 

Coordination of  social  security  schemes  covering  these persons  is 

therefore  indispensable  in the context  of  the social dimension of  the 

internal market  and a People's Europe. 

The European Single Act provides, in Article 8a designed  to supplement 

the provisions of  the Treaty, for the establishment  of an internal market 

comprising  an area without  internal  frontiers within which  the free 

movement  of persons  is guaranteed. 

(3)  Council Regulation  (EEC) N° 1390/81  of  12 May  1981  extending  to 

self-employed  persons  and members  of their  families  Regulation 

(EEC) N*  1408/71  on the application of  social  security  schemes to 

employed  persons and  their  families moving  within  the  Community; 

Council  Regulation  (EEC) N° 3795/81  of 8 December  1981  extending  to 

self-employed  persons and members of  their  families  Regulation 

(EEC) N° 574/72 

-  4 -

Three Directive  of  1990  (4) based  on the aforementioned  Article 8 A 

make provision  for a generalized  right  of  stay  for all  Community 

nationals  within  the territory  of  the Member  States. 

The Community  Charter  of Basic  Social  Rights  for Workers  has  strengthened 

these principles by  stressing  the  right  to social  protection. 

The Commission's  work  programme  for  1991  expressly  provides  for  the 

extension of  Regulations  Nos  1408/71  and  574/72 on social  security. 

In the  light of  the new  context  within  which  the  coordinating  rules 

must  be placed,  this extension  should  go  in  two directions: 

it should  include  special  schemes  for  civil  servants, currently 

excluded  from  the scope of  the Regulations  pursuant  to Article  4(4) 

of  Regulation  (EEC) N° 1408/71; 

it should  enable  coordination  of  schemes  applicable  to all  persons 

not  yet  covered by  the Regulations  in so far as they  are  insured 

in a Member  State. 

In-depth discussions  concerning,  in particular, the  characteristics 

of  special  schemes  for  civil  servants  and  the  specific 

position of  students  have been held  within  the  Administrative 

Commission  on Social  Security  for Migrant  Workers. The aim has been to 

extend  the provisions of Regulations  (EEC) Nos 1408/71  and  574/72 

to all  insured  persons. 

(4) Council  Directive  N* 90/365/EEC  of  28 June  1990 on the  right  of  residence, 

for employees  and  self-employed  persons  who have  ceased  their  occupational 

activity  (0J  N* L 180 of  13 July  1990).  Council  Directive N" 90/364/EEC  of 

28 June  1990 on the  right  of  residence  (0J  N* L 180 of  13 July  1990).  Council 

Directive N* 90/366/EEC  of  28 June  1990 on the  right  of  residence  for 

students  (0J  N* L 180 of  13 July  1990). 

-  5 -

On  the basis of  these  deliberations the Commission  has drawn up  this 

proposal  for a Regulation. 

II. 

LEGAL  BASIS 

The attached  proposal  for a Regulation  is designed  to adapt  certain 

provisions  of Regulations  Nos 1408/71  and  574/72  to make  thea 

applicable  to all  insured persons. 

Consequently,  it  is based  on the  same provisions  of  the Treaty 

as those on the basis of which  these Regulations  were  adopted, 

namely  Articles  2, 7, 51 and 235 of  the  Treaty, as  it  appears 

necessary  to take action  in the  field  of  social  security  in order 

to attain  the Community  objective  to establish  freedom  of  movement 

for persons  and  since  the Treaty  does  not  make  provision  for the 

necessary  powers. 

III. 

GENERAL  REMARKS 

The general objective  being  to extend  the  Regulations  applicable  to 

employed  and  self-employed  persons  to all  insured  persons, the 

proposal  changes none of  the  rules  currently  in  force  for  workers 

and members  of  their  families  but  seeks to supplement  these 

provisions. 

For  reasons of  equity  and  simplification  it  is proposed  to apply, 

wherever  possible, to persons not  yet  covered  the  same, or  analogous, 

rules  as those provided  for  for  employed  and  self-employed  persons 

and members  of  their  families. 

The proposal  is therefore  to extend  the Community  coordinating 

rules to all  insured persons, in particular  to  students  and 

non-employed  persons. 

-  6 -

Provision is therefore  , made for  these persons  to benefit  from  the 

following: 

(a)  equality  of  treatment  with nationals  under  the domestic 

legislation  of  the Member  States; 

(b)  determination of  the  legislation  applicable, except  for 

students whose position,  both  provisional  and  basically 

variable,  makes  it possible only  to provide  for  special  rules 

on  the grant  of benefits; 

(c)  aggregation of  insurance, employment  or  residence  periods  for 

the  acquisition of  the right  to benefits; 

(d) 

application, by analogy, of  special  rules on  the grant  of 

benefits, where possible; 

(e)  export  of  invalidity, old age and"survivors' pensions  and 

pensions  for  accidents at work  throughout  Community  territory, 

subject  to certain  conditions  and  exceptions. 

The title  of  the Regulations  has been amended  in that  the  reference 

to employed  and  self-employed  persons  ana members  of  their 

families  has been  replaced  by a reference  to "persons". 

The proposal  provides  for  the  inclusion of  special  schemes  for 

civil  servants  and persons  treated  as  such  and of non-employed  persons, 

With  regard  to special  schemes  for  civil  servants  and  persons 

treated  as  such, from  a strictly  legal  standpoint,  the  Commission 

has taken  account  of  the  case  law of  the  Court  of  Justice 

concerning  Article  48(4) of the  Treaty. 

In  line with  this  case  law the  Commission  has taken the view  that 

in principle  all special  schemes  for  civil  servants  should  be 

included  in the scope of the Regulations, except  in the  case of 

participation  in pubkic  authority. 

The Commission,  conscious of the problems  inherent  in this  approach, 

is however  prepared  to make any  adaptations  necessary  at 

administrative  level and  in the same  context  to examine  in depth 

all the  components  for  solutions  that  would  be  submitted  to  it. 

- 7 -

The  Chapter  on unemployment  has been  extended  in  its entirety  to 

self-employed  persons and  also  to school-leavers  looking  for work. 

The general, miscellaneous, transitional  and  final  provisions of 

the Regulations  have  likewise been  extended  to all  persons 

covered. 

IV. 

SPECIFIC  REMARKS 

Article 1 

Amendments  to Regulation  (EEC) N°  1408/71 

1. 

Amendment  of  the title of  the  Regulation. 

The amendment  proposed  takes account  of  the  fact  coordination 

is extended  to all  insured  persons  and  no  longer  only  to  workers 

and members  of their  families. 

2. 

Addition  of a subparagraph  (c)(a) and  amendment  of  subparagraph 

(j) of Article  1. 

The new  subparagraph  (c)(a) gives a definition  of  "student".  It 

expressly  excludes  students  who are also workers  or members  of a 

worker's  family.  This definition  helps  to  clearly  delimit  this 

important  new  category  of persons  covered. 

The amended  subparagraph  (j) refers  to the new Article  4(2)(a) 

provided  for  in the proposal:  the aim  is to extend  the  definition 

of  "legislation"  to  legislations  concerning  special  schemes  for 

civil  servants  and  persons  treated  as  such. 

-  8 -

3. 

Amendment of Article  2 

The  scope of  the Regulation  should  henceforth  comprise 

-  employed  and  self-employed  persons, civil  servants  and  persons 

treated  as such, students, and members  of  their  families  and 

their  survivors  (paragraphs  1 and 2 ); 

-  pensioners  and  the other  categories  hereinafter  referred  to 

as "non-employed  persons"  (paragraph 3 ). 

This  is a fundamental  amendment  in that  it enables  an extension  of  the 

applicability  of  the provisions of  the Regulation  to all  persons 

insured  in a Member  State.  The new  categories  thus  covered  are 

students, members  of  their  families  and  their  survivors, and 

non-employed  persons  who are neither  members  of a worker's  or a 

student's  family  nor  pensioners.  Also  covered  are members  of 

civil  servants' families, who were not  previously  covered. 

4. 

Introduction  of paragraph  2(a) and  amendment  of paragraph  4 of 

Article  4. 

Paragraph  2(a) is intended  to supplement  the general provision of 

paragraph  2.  It provides  that  special  schemes  for  civil  servants 

and persons  treated  as  such  and special  schemes  covering  the 

non-employed  are  included  in the Regulation, account  being  taken, 

where appropriate, of  certain  rules of application  and  certain 

exceptions  that  must  be specified  in the Annexes. 

Some of these schemes  have  specific  features  that  make  the 

straightforward  application  of  the  coordinating  rules  difficult. 

The Commission  does  not  exclude  the possibility  of  revising  the 

provisions  relating  to special schemes  for  civil  servants  and  persons 

treated  as  such  in order  to take account  of the  special  features of 

national  legislation^ in observance  of  Community  law. 

The  reference  in Article  4(4) to  special  schemes  for  civil 

servants  and persons  treated  as such, previously  excluded  under 

this provision, has been  deleted. 

- 9 -

5. 

Amendment  of Article  10(2) 

Since  this provision  should  concern  all  insured  persons.,the words 

"as an employed  or self-employed  person" should be  deleted. 

6. 

Amendment  of Article  13(2)(f) 

The new  wording  of this provision, broader  than  the old  wording, 

encompasses  the situation provided  for  in subparagraph  (f) currently 

in force, namely  the situation  in which  the person  concerned  ceases 

to be subject  to a  legislation without  another  legislation  becoming 

applicable  to him.  It  covers  the  category  of  non-employed  persons 

in its entirety,  including  pensioners, subject  in principle  to the 

legislation of the  country  of  residence.  It was deemed  that  the 

concept  of  residence  could  not  apply  to students, whose  position 

is extremely  changeable.  Students  are  therefore  expressly  excluded, 

with  the  consequence  that  no Community  rule makes provision  for 

determining  the  legislation  applicable  to them.  However,  students 

are entitled  to  receive benefits  in accordance with  the  special 

rules  laid down  in the following  provisions  of  the  Regulation. 

7. 

Amendment  of Article  22(3) 

A sentence  has been  added between  the  first  and  second  existing  ones 

in order  to enable members  of workers*  families  studying  in a 

Member  State other  than the one where  they  are  insured  to  receive 

in all  cases medical treatment  in the territory  of the Member  State 

where  they  are studying, even  if such  treatment  is not  immediately 

required. 

8. 

Amendment  of Article  25(1) and  (2) 

A sentence  has been  added  at  the end of paragraph  1  to  extend 

coverage  to persons newly  registered  as  looking  for  employment, 

a  category  covered by  the new Article  71b,  who  go to a Member  State 

other  than  the competent  State  in "search of  employment. 

-  10 -

Paragraph  2,  like Article  71(1)(a)(ii)  and  the  first  sentence of 

(b)(ii)  to which  it  refers, is extended  to self-employed  persons. 

9. 

Addition  of  a Section  5a to Chapter  1 of Title  III 

This new  section  lays down  special  rules  for  the grant  of  sickness 

and maternity  benefits  to persons  subject  to a special  scheme  for 

civil  servants  and persons  treated  as such, students  and 

non-employed  persons. 

10. 

Introduction  of  a new Article  34a 

This new  Article  is intended  to ëpply by analogy  all  the  provisions 

of  the Chapter  on Sickness  and Maternity  to persons subject to a 

special  scheme  for  civil  servants  and  persons  treated  as  such. 

11. 

Introduction  of a new Article  34b 

This new  Article  provides  for the application  by  analogy  to  students 

and  to members  of their  families  of all  the  existing  rules  likely  to 

concern  them  (paragraph  1) and  specific  provisions  to  cover  cases 

in which  a student  is pursuing  his studies or vocational  training  in 

a State other  than the  competent  State where  he  is  insured  before 

his departure  (paragraph 2 ). 

12. 

Introduction  of  a new Article  34c 

Under  this  new  Article  the existing  rules  likely  to  concern 

non-employed  persons  are made applicable  to them  by  analogy. 

13. 

Amendment  of Article  35(3) 

This  amendment  extends  this provision  to all persons  to whom  the 

Regulation  applies, replacing  the  reference  to "employed  or  self-

employed  persons" and  "members  of  their  families" by  "persons 

to whom  this  Regulation  is applicable". 

- 11 -

14. 

Addition  of  a Section  5 to Chapter  2 of  Title  III 

This  section  extends  coverage  by  the provisions  of  the  Chapter 

on  Invalidity  to persons  subject  to a special  scheme  for 

civil  servants  and persons  treated  as such, students  and 

non-employed  persons. 

15. 

Introduction  of  a new Article  43a 

The provisions  of the preceding  sections of  this Chapter  are 

made applicable  by analogy  to persons  subject  to a special  scheme 

for  civil  servants  and persons  treated  as  such  (paragraph 1).  This new 

Article further lays down specific rules for the taking into account of periods 

completed  by  these persons  under  a general  or special  scheme 

of  another Member  State  (paragraphs  2 arr.d 3 ), for which  purpose  it 

is necessary  to determine under what  conditions  these periods  must 

be  taken  into account  for the acquisition  of  the  right  to benefits. 

16. 

Introduction  of a new Article  43b 

The provisions of the preceding  sections  of  the Chapter  are made 

applicable  by  analogy  to  students  and  non-employed  persons. 

17. 

Addition  of  a Section  1 "Employed  and self-employed  persons" and 

a Section  2  "Persons  other  than  those  referred  to  in Section  1" 

to Chapter 3 of Title  III. 

Section  2  is designed  to extend  the provisions of 

Section 1 of the  Chapter on  "Old  age and  death  (pensions)" to 

persons  subject  to a special  scheme  for  civil  servants  and 

persons  treated  as  such,  to  students  and  to non-employed  persons. 

18. 

Introduction of a new Article  51a 

The provisions  of Section  1 of  the Chapter are made applicable  by 

analogy  to persons  subject  to a special  scheme  for  civil  servants and 

persons treated as such (paragraph 1).  This new Article further lays down 

specific  rules  for the  taking  into account  of periods  completed 

by  these persons  under a general  or special  scheme  (paragraphs 

2 and 3 ). 

-  12 -

19. 

Introduction of a new Article  51b 

The preceding  provisions  of Section  1 are made  applicable  by 

analogy  to students  and non-employed  persons. 

20. 

Addition of a Section  5 to Chapter  4 to Title  III 

This  section  is intended  to extend  the provisions  of  the Chapter on 

"Accidents  at work and occupational  diseases" to persons  subject  to 

a  special  scheme  for  civil  servants  and persons  treated  as such 

ard to students.  Non-employed  persons  are obviously  not  concerned 

by accidents  at work and occupational  diseases.  Students, however, 

may be so concerned  in the course of vocational  training. 

21. 

Introduction of a new Article  63a 

The preceding  provisions  of the Chapter are  made  applicable  by analogy 

to persons  submitted  to a special  scheme  for  civil  servants  and 

persons  treated  as such. 

22. 

Introduction of a new Article 63b 

The preceding  provisions  of the Chapter  are made  applicable  by  analogy 

to students. 

23. 

Addition of a Section  1 on  "Employed and self-employed  persons" and 

a Section  2 "Persons  other  than those  referred  to  in Section  1" to 

Chapter  5 of Title III. 

The new  Section  2 extends applicability of  the provisions  of 

Section  1  of 

the Chapter on  "Death  grants" to persons  subject  to 

a special  scheme  for  civil  servants  and persons  treated  as  such, 

to students and to non-employed  persons. 

24. 

Introduction of a new Article 66a 

The provisions  of Section  1 of the Chapter  are made applicable  by 

analogy  to persons  subject  to a special  scheme  for  civil  servants 

and persons  treated  as such. 

25. 

Introduction  of a new Article 66b 

-  13 -

Section  1 of the Chapter  is made applicable  by  analogy  to  students 

and  non-employed  persons. 

26. 

Amendment  of paragraphs  1 to 4 of Article  67 

The provisions  relating  to unemployment  are extended  to  self-employed 

persons. 

27. 

Amendment  of Article  7 K 1) 

This provision  is extended  to non-employed  persons. 

28. 

Addition  of  a Section  4 to  Chapter  6 

This new  Section makes  the provisions  of  the Chapter  applicable  on 

the one hand  to persons  subject  to a special  scheme  for  civil  servants 

and persons  treated  as such  and on the other  hand  to persons  newly 

registered  as seeking  work. 

29. 

Introduction  of a new Article  71a 

The Chapter  is made applicable  by analogy  to persons  subject  to a 

special  scheme  for  civil  servants  and  persons  treated  as  such. 

30. 

introduction of a new Article  71b 

The Chapter  is made applicable  by analogy  to persons  newly  registered 

as  seeking  work  within  the  limits of  coordination, (i.e. in so far as 

the national  legislation  provides  for  unemployed  benefits  for  this 

category  of  unemployed  persons).  To the extent  that  benefits  are 

provided  for by  the  legislation  of one or more Member  States  it is 

logical  that  these unemployed  persons  who have never  worked  should, 

in the  framework  of  coordination  extended  to all persons, benefit 

from  the  same  rules as unemployed  workers. 

31. 

Amendment  of Article  72 

-  14 -

This Article  is amended  to make provision  also  for  the  aggregation 

of  residence  periods  for  the acquisition  of  the  right  to  family 

benefits  for the persons  concerned. 

32. 

Amendment  of Article  72a 

Article  71(1) henceforth  applies also to self-employed  persons  and 

this provision  relating  to family benefits, which  refers  to  it, 

should  therefore be amended  accordingly. 

33. 

Amendment  of Article  74 

The words  "An unemployed  person who was  formerly  employed  or 

self-employed"  are  replaced by  "An unemployed  person";  the  fact 

is that  the unemployed  person may be one who  has never  worked 

before, i.e. if he has  registered  for the first  time as  seeking 

employment  as  referred  to  in Article  71b. 

34. 

Introduction  of a new Article  76a 

The provisions  of the Chapter on  "Family  benefits" are made 

applicable  by analogy  to persons  subject  to a special  scheme 

for  civil  servants  and persons  treated  as  such. 

35. 

Introduction  of a new Article 76b 

This new  Article  makes provision  for the aggregation  of  periods 

for  students  and non-employed  persons.  Moreover, Member  States 

who so wish may  still provide  for the "export" of  family benefits 

(i.e. the grant  of these benefits  in cases where  the members  of 

the family  reside  in the territory  of a Member  State other  than 

the  competent  State)  in their domestic  legislation. 

36. 

Introduction  of a new Article  79a 

The appropriate  provisions  of Chapter  8 are made  applicable  by  analogy 

to an orphan of a person  subject  to a special  scheme  for  civil  servants 

and persons  treated  as such  in order  to grant  family benefits  to this 

category. 

-  15 -

,7 

Amendment  of  the names of  the Administrative  Commission  on Social  Security 

for Migrant  Workers and the Advisory  Committee  on Social Security  for 

Migrant  Workers 

This  is because  the new  version  relates not  only  to migrant  workers 

but  to all  insured  persons. 

The new  names  are more  closely  in  line with 

the  responsibilities of  these  two bodies. 

38. 

Introduction  of a new Article  95a 

This new  Article  lays down  transitional  provisions  designed  to protect 

the persons  to whom  the proposal  relates  and  to prevent  them  from  losing 

rights  as a result  of the entry  into  force of the  Regulation. 

39. 

Amendment  of  Annex  II 

A section  3  is added  to enable  the Member  States  to specify  their 

conditions  for applying  schemes  to students.  A section 4 is added  to 

enable  the Member  States  to  indicate  the  conditions  for applying  the 

schemes  referred  to in Article 4(2)(a) and,  in some exceptional  cases, 

to  indicate  their exclusion-

40. 

Amendment  of Annex  VI 

Under  the heading  "E. France" a provision  is added  specifying  the 

recognized or  contracted  establishments  referred  to  in Article  1(c)(a) 

of  the Regulation, defining  the term  "student".. 

Under  the heading  "L. United  Kingdom" a provision  is added  laying 

down the  conditions  under which  a person may be  regarded  as a 

student  since  there are no  recognized  or  contracted  establishments 

in the United  Kingdom  and  as  consequently  the definition  of  the 

term  "student"  laid down  in Article  1(c)(a) of the Regulation  cannot 

apply  as  it stands. 

-  16 -

41. 

Addition  of a new Annex X 

This Annex  enables  the Member  States  to specify  the procedures for 

applying  the provisions on pensions  to non-employed  persons.  The 

fact  is that  some benefits are  closely  linked  with  residence  in 

the national  territory  and would  be difficult  to  export. 

Article  2 

Amendments  to Regulation  (EEC) N° 574/72 

1. 

Amendment  of  the title of  Regulation  (EEC) N*  574/72 

This  amendment  is necessary  as the scope of  the Regulation  no  longer 

covers only  employed  and  self-employed  persons .and members  of  their 

families  but  all  insured  persons. 

2. 

Article  4 of  Regulation  (EEC) N*  574/72 

This Article  must  be amended  in order  to specify  the new  provisions 

in Annex  3  relating  to the determination  of  the  institutions  of  the 

place of  study  or vocational  training. 

3. 

Article  8 of  Regulation  (EEC) N*  574/72 

The words  "employed  or self-employed-person" and  "members  of  their 

families" have been  replaced  by  "the person  concerned"  in paragraphs 

1 and  2 as this more generic wording  makes  it possible, where 

necessary,  to encompass  other  categories- 

Paragraph  3, 

referring  to Article  14c of Regulation  (EEC) N' 1408/71, therefore 

exclusively  concerns  cases  of the pursuit  of  an occupation,  and 

does not  need  to be  amended. 

4. 

Article 8a  of Regulation  (EEC) N° 574/72 

Here, again, a more general wording  ("the  person  concerned") should 

make  it possible  to encompass  all persons  covered,  in the  case of 

overlapping  of  rights  referred  to  in this  provision. 

- 17 -

5. 

Article  10 of  Regulation  (EEC) N° 574/72 

The heading  above this Article must  be amended:  deletion of the 

words  "employed  or self-employed  persons" makes  it possible  to apply 

this provision to all the other  categories  likely  to be 

concerned. 

6. 

Article  10a of Regulation  (EEC) N° 574/72 

Since Chapter 7 on "Family benefits" of Regulation  (EEC) N° 574/72 

has been extended  to persons  subject  to a special  scheme  for  civil 

servants and persons  treated  as such  and, to some extent, to students 

and non-employed  persons, it is  logical that  these  categories of 

persons be covered  in cases where they  have been  successively 

subject  to the  legislation of several Member  States during  the same 

period or part  of a period. 

7. 

Article  10b of Regulation  (EEC) N* 574/72 

This Article has been deleted.  Its purpose was to  implement 

Article  13(2)(f) of  the Regulation determining  the  legislation 

applicable  to persons  ceasing  to be subject  to the  legislation 

of a Member  State. 

However, Article  13(2)(f) has been  replaced  by  a new, wider 

provision encompassing  the specific  situation  specified  above, 

determining  the  legislation  applicable  to all  non-employed  persons. 

The  latter are now  subject  to the  legislation of  the  country of 

residence as soon as they  cease to pursue an occupation.  This new 

rule does not  require an  implementing  provision. 

8. 

Article  16 of Regulation  (EEC) N*  574/72 

This Article must  be adapted  to take account  of  the new  categories 

of persons  covered by Regulation  (EEC) N° 1408/71  as  regards 

sickness and maternity. 

-  18 -

9. 

Article  17 of Regulation  (EEC) N°  574/72 

Since  the provisions of Article  19 of  Regulation  (EEC) N° 1408/71 

are applicable  by  analogy  to persons  subject  to a special  scheme 

for  civil  servants and persons  treated  as  such, this Article  should 

be amended  accordingly:  wherever  the words  "employed  or 

self-employed  persons" appear, the aforementioned  should be  expressly 

specified. 

A paragraph  10 is added  to  cover members  of  students' families to 

whom  the provisions of Article  19(2) of  Regulation  (EEC) N*  1408/71 

are applicable  by analogy  and  to  cover  students  as  referred  to in 

Article  34b(2) of  the  Regulation. 

10. 

Article  18 of Regulation  (EEC) N°  574/72 

Paragraph  1 is amended  so as to extend  this Article  to persons  subject 

to a special  scheme  for  civil  servants  and  persons  treated  as such. 

A paragraph  10 is added  to  cover  students  as  referred  to in 

Article  34b(2) of the  Regulation. 

11. 

Article  21 of Regulation  (EEC) N°  574/72 

The proposed  amendment  covers  the new  categories  of persons  concerned 

(persons  subject  to a special  scheme  for  civil  servants  and  persons 

treated  as such, students, and  non-employed  persons)  in  respect of 

sickness  and maternity  during  a stay  in a Member  State other  than 

the  competent  State. 

12. 

Article  22 of Regulation  (EEC) N°  574/72 

The proposed  amendments  are  intended  to  afford sickness and  maternity 

protection  (benefits  in kind) for persons  subject  to a special  scheme 

for  civil  servants  and  persons  treated  as  such  in the event  of a 

transfer  of  residence or  return  to the  country  of  residence,and  for 

all the new  categories  of persons  now  covered  when  they  are 

authorized  to go to another  Member  State  for  treatment. 

-19 -

13. 

Article  24 of Regulation  (EEC) N' 574/72 

The proposed  amendments  enable  the grant  of  cash  sickness and  maternity 

benefits  to the new  categories  of persons  now  covered  during  a stay ir. 

a Member  State other  than  the competent  State., 

14. 

Article  25 of Regulation  (EEC) N*  574/72 

This provision  requires  amendment  to enable  the  taking  ir.to account 

of members  of  the families  of persons  subject  to a special  scheme 

for  civil  servants  and persons  treated  as  such  and members  of 

students' families. 

15. 

Article  35 of Regulation  (EEC) N*  574/72 

This Article  should  be adapted  to enable  the  submission  of  invalidity 

benefit  claims by persons  subject  to a special  scheme  for  civil 

servants  and persons  treated  as such,  by stuoents, and by non-employed 

persons. 

16. 

Article  36 of Regulation  (EEC) N*  574/72 

This Article  should  also be adapted  to enable  the  submission  of 

claims  for old-age, survivors' and  invalidity  benefits  as  referred  to 

in Chapter  3 of  Regulation  (EEC) N* 1408/71  by persons  subject  to 

a special  scheme  for  civil  servants  and  persons  treated  as  such, 

by  students  and by non-employed  persons. 

17. 

Article  37 of Regulation  (EEC) N*  574/72 

These  amendments  are necessary  to ensure  that  the new  categories  of 

persons  now  covered  provide  the appropriate  documents. 

18. 

Article  39 of Regulation  (EEC) N' 574/72 

This  Article  relates  to the provisions  of  Chapter  2 of 
Regulation  (EEC) N#  1408/71  and  should  therefore  be adapted  as 

a  result  of  the  inclusion  of the new  categories  of  persons  in 

that  Chapter. 

-  20 -

19. 

Article  42 of Regulation  (EEC) N°  574/72 

This  amendment  is necessary  for  the  investigation  of benefit  claims  lodged 

by  persons  in one of  the new  categories  covered.. 

20. 

Article 43 of  Regulation  (EEC) N°  574/72 

This  amendment  is required  to enable  the  institutions  concerned 

to follow  the appropriate  procedure,  including  in  cases  where 

a claim  is submitted  by  a person  coming  under one of  the new 

categories. 

21. 

Article  44 of  Regulation  (EEC) N°  574/72 

. This Article  should  be adapted  to determine  the  institution 

responsible  for  taking  the decision  relating  to the  state of 

invalidity  in the  case of the new  categories  of persons  now  covered. 

22. 

Article  50 of Regulation  (EEC) N°  574/72 

This  amendment  enables  the application, of measures  expediting  the 

award  of  benefits  in the  case of  the new  categories  of persons. 

23. 

Article  60 of Regulation  (EEC) N°  574/72 

The proposed  amendments  are  intended  to provide  for  the  procedure 

to be  followed  for the grant  of benefits  in  kind  for accidents at 

work  and  occupational  diseases  where  the person  subject  to a 

special  scheme  for  civil  servants  and  persons  treated  as such  or 

the student  concerned  resides  in a Member  State other  than  the 

competent  State.  In this  connection  it: should  be noted  that  it 

becomes  possible  to determine  the  country  of  residence  of a student 

when  he sustains  an accident  at work or  contracts  an  occupational 

disease  immobilizing  him  in the territory  of  a Member  State. 

This observation  is valid both  for  the corresponding  provisions of 

Regulation  (EEC) N° 1408/71  and  for the following  provisions  of  the 

implementing  Regulation. 

- 21 

24. 

Article 61 of Regulation  (EEC) N° 574/72 

The aim of the proposed  amendments  is to make provision  for  the 

procedure  to be followed  for the grant of  cash  benefits  for  accidents 

at work and occupational  diseases  where the person  subject  to a special 

scheme for  civil  servants  and persons treated  as such  or  the  student 

resides  in a Member  State other than the competent  State. 

25. 

Article 63 of Regulation  (EEC) N° 574/72 

This Article should be adapted  to provide  for procedures  for the grant 

of  cash benefits  for accidents  at work  and occupational  diseases  where 

the person subject  to a special  scheme  for civil  servants  and  persons 

treated  as such or the  student  transfers  his  residence or  returns  to the 

country  of  residence or  is authorized  to go to another Member  State  for 

treatment. 

26. 

Article 64 of Regulation  (EEC) N° 574/72 

This Article  should  also be adapted  to provide  for procedures  for the 

grant of  cash benefits  for accidents  at work  and  occupational  diseases 

other than pensions where the person subject  to a special  scheme  for 

civil servants  and persons  treated  as such  or  the  student  stays  in a 

Member  State other than the  competent  State. 

27. 

Article 66 of Regulation  (EEC) N° 574/72 

The proposed  amendment  is necessary  to extend  coverage by this  Article 

on disputes  concerning  the occupational  nature of  an accident  or  disease 

to persons  subject  to a special scheme  for civil  servants  and  persons 

treated  as such  and  to students. 

- 22 -

28.  Amendment of the title of Chapter 5 on death grants 

Reference is now made to Articles 66a and 66b of Regulation (EEC) 

N° 1408/71 which cover all the new categories now included  (persons 

subject.to a special scheme for civil servants and persons treated as 

such,, students, and non-employed persons). 

29.  Article 80 of Regulation  (EEC) N° 574/72 

This Article should be adapted to extend coverage of its provisions on 

unemployment to self-employed persons and persons subject to a special 

scheme for civil servants and persons treated as such and, where 

appropriate, to persons newly registered as looking for work. 

30.  Article 84 of Regulation  (EEC) N° 574/72 

The procedure for granting unemployment benefits should be extended 

to self-employed persons and persons subject to a special scheme 

for civil servants and persons treated as such who during their last 

employment  resided in a Member State other than the competent State. 

31.  Article 85 of Regulation (EEC) N° 574/72 

The formalities for granting family benefits should also cover 

self-employed persons (as a result of the adoption of Regulation 

(EEC) N° 3427/89), persons subject to a special scheme for civil 

servants and persons treated as such, and to a certain extent 

non-employed persons and students. 

32.  Article 86 of Regulation  (EEC) N° 574/72 

The formalities  laid down for the grant of family benefits where the 

children  reside in a Member State other than the competent State should 

be extended to self-employed persons and to persons subject to a 

special scheme for civil servants and persons treated as such. 

-  23 -

33. 

Article  88 of  Regulation  (EEC) N°  574/72 

This Article  refers  to Article  74 which  has been  amended.  Account 

must  therefore  be taken of this amendment  by  using  the words 

"unemployed  person"  instead  of  "unemployed  person  who was  formerly 

employed  or  self-employed". 

34. 

Amendment  of  the title above Article  90 of  Regulation 

(EEC) N°  574/72 

A reference  to the new Article 79a of Regulation  (EEC) N°  1408/71 

should  be  added. 

35. 

Article 90 of Regulation  (EEC) N°  574/72 

This Article  should  be  revised  to enable  claimants  to fulfil  the 

necessary  formalities  when  claiming  family  benefits  for  orphans 

of persons  subject  to a special  scheme  for  civil  servants  and  person 

treated  as  such. 

36. 

Article  91 of Regulation  (EEC) N°  574/72 

Similarly, the application  of these provisions  should  for  the 

payment  of benefits  logically  be extended  to orphans of 

persons  subject  to a special  scheme  for  civil  servants  and  persons 

treated  as  such. 

37. 

Article  92 of Regulation  (EEC) N°  574/72 

Any  change  in the situation  that  is  likely  to alter  the entitlement  to 

family  benefits of orphans of persons  subject  to a special  scheme for 

civil  servants  and persons  treated  as such  should  be  notified  under 

the same conditions  as for orphans  of persons  already  covered. 

38. 

Article  94 of Regulation  (EEC) N°  574/72 

This amendment  enables  refunds between  institutions of the cost of sickness and 

maternity  benefits  in kind  where members  of  the  families  of  persons 

subject  to a special  scheme  for  civil  servants  and  persons  treated  as 

such  or members  of  students' families  reside  ina  Member  State  other 

than  the person  concerned. 

- 24 -

39.  Amendment  of Annex 3 to Regulation (EEC) N° 574/72 

In order to cover cases of students studying in a Member State other 

than the competent State, Annex 3 should, in addition to the institutions 

of the place of residence and stay, list the institutions of the place 

where the person concerned is studying or  pursuing  vocational training. 

-  25 -

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

amending  Regulation  (EEC) N°  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) N" 574/72  laying  down 

the procedure  for  implementing  Regulation  (EEC) N° 1408/71 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the European  Economic  Community, 

and  in particular  Articles  2, 7, 51  and  235  thereof; 

Having  regard  to the Community  Charter  of Basic  Social  Rights 

for Workers; 

Having  regard  to the proposal  from  the Commission 

, drawn  up after 

(1) 

consultation  with  the Administrative  Commission  on  Social  Security  for 

Migrant  Workers; 

Having  regard  to the opinion of  the European  Parliament (2); 

(1)  OJ N° C 

(2)  OJ  N° C 

- 26 -

Having regard to the opinion of the Economic and Social Committee  ; 

Whereas Article 3(c) of the Treaty  lays down that the activities of the 

Community shall include, as provided in the Treaty, the abolition, as 

between Member States, of obstacles to freedom of movement for persons; 

Whereas Article 8a of the Treaty provides that the internal market shall 

be established by 31 December 1992;  that the internal market shall comprise 

an area without internal frontiers in which the free movement of goods, persons, 

services and capital is ensured in accordance with the provisions of the 

Treaty; 

Whereas with a view to establishing the free movement of employed and 

self-employed persons and removing the obstacles that would in the field 

of social security resultfrom the application of national  legislations only, 

the Council, on the basis of Articles 2, 7, 51 and 235 of the Treaty, has 

adopted Regulation  (EEC) N° 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) N8 574/72 

laying down the procedure for implementing Regulation  (EEC) N" 1408/71, 

as last amended by Regulation  (EEC) N° 2195/91  , introducing  rules for 

(4) 

coordinating social security schemes applicable to employed and 

self-employed persons; 

Whereas the free movement of persons, which is one of the foundations of the 

Community, is not confined to employed and self-employed persons but should 

concern all insured persons in the context of the social dimension of the 

internal market; 

Whereas, moreover, the scope of the Regulation should be extended to include, 

in principle, the special schemes for civil servants and persons treated as 

such and the special schemes covering non-employed persons; 

(3)  OJ N° C 
(4)  OJ N° L 206 of 29 July 1991, p. 2 

-  27 -

Whereas  the  coordination  of  social  security  schemes  applicable  to these 

persons  is necessary  to attain one of  the objectives  of  the  Community; 

whereas  the Treaty  does not provide  for the necessary  powers; 

Whereas  in the domain  of  social  security  the application  of  national 

legislations  alone does not  afford  sufficient  protection  for persons  moving 

within  the Community;  whereas  in order  to make  the  free movement  of  persons 

fully effective  the social  security  schemes  applicable  to them  should  be 

coordinated; 

Whereas  for  reasons  of  equity  the same  rules  as those provided  for  for 

employed  and  self-employed  persons  should  to the  largest  extent  possible 

be applied  to persons  not  yet  covered;  whereas  these  rules, for  the 

sake of  simplicity  and  clarity, should  supplement  the provisions  already 

in force  for employed  and  self-employed  persons  and members  of  their 

families; 

Whereas  it is necessary  to make the adaptations  to Regulations  (EEC) No  1408/71 

and  (EEC) N° 574/72 that  are necessary  for  the  application  to persons  moving 

within  the Community  of  the provisions  of  the  said  Regulations, taking  account 

of the specific  nature of  the  situation of these persons, 0f  the  special 

features of  the  schemes with  which  they  are  insured/and  of  the benefits to 

which  they  are  entitled; 

Whereas  the adaptations  to be made to the enacting  terms of Regulations  (EEC) 

N° 1408/71  and  (EEC) N° 574/72  require  adaptation  of  some of  their Annexes; 

Whereas, in particular, it  is necessary  to specify  in an Annex  the  conditions 

for  the application  of  certain  special  schemes;  whereas  it  is necessary, 

moreover, to provide  a new  Annex  laying down  the  special  rules  for applying 

the Community  provisions  on  pensions  to non-employed  persons, 

HAS  ADOPTED  THIS  REGULATION: 

-  28 -

Article 1 

Regulation  (EEC) N° 1408/71  is hereby  amended  as  follows 

The  title  is  replaced  by  the  following: 

"Regulation  (EEC) N° 1408/71  on  the application  of  social  security 

schemes  to persons moving  within  the  Community." 

Article  1 is amended  as follows: 

(a) 

After  subparagraph  (c), the  following  subparagraph  (c)(a) 

is  added: 

"Student" means  any person, other  than  an employed  or 

self-employed  person  or a member  of  his  family  who is 

validly  enrolled  in an establishment  recognized  or 

approved  by  the national  authorities  of  a Member  State 

to pursue  studies  or vocational  training  there, and  is 

insured  under  a special  social  security  scheme  applicable 

to students  under  the  conditions  specified  in Annex II." 

(b) 

At  the end of  the  first  sentence of  subparagraph  (j) the 

words  "Article  4(1) and  (2)" shall be  replaced  by 

"Article  4(1), (2) and  (2)(a)". 

-  29 -

3. 

Article  2 is replaced  by  the  following: 

"(1) 

This  Regulation  shall  apply  to employed  or  self-employed 

persons, civil  servants  and  persons  who, under  the 

legislation  applicable, are  treated  as such, and  to 

students, who are or have been  subject  to the  legislation 

of  one or more Member  States  and  who  are nationals of 

one of  the Member  States  or who are  stateless  persons  or 

refugees  residing  within  the territory  of one of  the 

Member  States, as well as to the members  of  their  families 

and  their  survivors. 

(2)s  This Regulation  shall  apply  to the  survivors  of  employed  or 

self-employed  persons, of  civil  servants  and  persons  treated  as such, 

and of  students, who have been  subject  to the  legislation  of one or 

more Member  States, irrespective  of  the nationality  of  such  persons, 

where  their  survivors  are nationals  of one of  the Member  States, or 

stateless  persons or  refugees  residing  within  the territory  of  ore of 

the Member  States. 

(3):  In addition, this Regulation  shall  apply  to persons not 

referred  to  in paragraphs  1  and  2  of  this Article, provided  that 

these  persons  are or have been  subject  to the  legislation  of one or 

more Member  States and  are nationals  of  one of  the Member  States, 

or  stateless persons or  refugees  residing  within  the territory  of one 

of  the Member  States." 

4. 

In Article 4 

(a)  The  following  paragraph  2(a)  is added  between  paragraph  2 

and  paragraph  3: 

"This  Regulation  shall  apply  to special  social  security  schemes  for 

civil  servants and  persons  treated  as  such  and  to special  schemes 

for  the  categories of persons other  than employed  or  self-employed 

persons, taking  account  of  the  conditions  and  exceptions  specified 

in Annex II." 

(b) 

In paragraph  4 the words  ", or  to  special  schemes  for  civil 

servants and persons  treated  as  such."  are  deleted. 

30 -

5. 

In Article  10(2) the words  "as an employed  or  self-employed  person" 

are deleted. 

6. 

Article  13  is amended  as follows. 

In paragraph  2,  subparagraph  (f) is replaced  by  the following: 

"A person  other than  a student  to whom  the  legislation  of a Member  State 

is not  applicable  in accordance  with  one of the  rules  laid down  in the 

preceding  subparagraphs  or with one of  the  exceptions or  special  rules 

laid  down  in Articles  14 to 17a  shall be  subject  to the  legislation of 

the Member  State  in whose territory  he resides." 

7. 

Article  22  is amended  as follows: 

In paragraph  3 the following  sentence  is added  after  the first  sentence: 

"However, the  immediate necessity  of  treatment  shall  not be  required  in 

the  case of members of  the family  staying  in a Member  State other  than 

the  competent  State to pursue  studies or vocational  training  there." 

The word  "However" at the start of  the next  sentence  is replaced  by 

"Moreover". 

8. 

Article  25  is amended  as follows: 

(a) 

At  the  end of  paragraph  1 the  following  sentence  is added: 

"The provisions of  this paragraph  shall apply  by  analogy 

to persons as  referred  to in Article  71b to whom  the  provisions 

of  Article 69(1) apply." 

(b) 

In paragraph  2  the words  "or  self-employed"  are added  after  the 

word  "employed". 

- 31 -

9. 

In Chapter 1 of Title III a Section 5a is added between Section 5 and 

Section 6.  The title is as follows: 

"Persons other than those referred to in Sections 2 to 5" 

1C.  This new Section includes a new Article 34a, worded as follows: 

"Civil servants and persons treated as such, and members of their 

families 

The provisions of Sections 2 to 7 shall apply by analogy 

to persons satisfying  the conditions of a special scheme for 

civil servants and persons treated as such, taking account, 

where appropriate, of the provisions of Article 18, and to 

members of their families." 

11.  This Section also includes a new Article 34b, worded as follows: 

"Students and members of their families 

"(1)  The provisions of Articles 18, 19(2), 22(1)(a)and  (c),  the 

second sentence of 

(2), (3), 23 and 24 shall apply by analogy 

to students and to members  of their families, as appropriate. 

(2)  A student pursuing his studies or vocational training in a 

Member State other than the competent State who satisfies the 

conditions  laid down by the legislation of the latter State 

for entitlement to benefits, taking account, where appropriate, 

of the provisions of Article 18, shall, while in the territory 

of the Member State where he is studying, receive 

(a)  the benefits in kind provided, on behalf of the competent 

institution, by the institution of the place where he is 

studying or pursuing vocational training,in accordance with 

the provisions of the legislation which it administers, 

as though he were insured with it; 

-  32 -

(b)  the  cash  benefits  provided  by  the  competent  institution  in 

accordance  with  the  legislation which  it  administers." 

12. 

It  includes  an Article  34c, worded  as  follows* 

"Other  persons 

The provisions  of Articles  18, 22(1)(a)  and  (c), the second sentence of (2), 

the  first  sentence  of  (3), and  24 shall  apply  by  analogy  to the persons 

referred  to  in Article  2(3)." 

13. 

Article  35  is amended  as  follows: 

In paragraph  3 the words  "shall  apply  neither  to employed  or 

self-employed  persons  nor  to the members  of  their  families" are 

replaced  by  "shall  not  apply  to persons". 

14. 

In Chapter  2 of  Title  III, a new Section  5 is added.  The title  is 

as  follows: 

"Persons  other  than  those  referred  to  in Sections  1 to 3" 

15. 

This new  Section  includes  an Article  43a, worded  as follows: 

"Civil  servants  and persons  treated  as such 

1. 

The provisions  of Articles  37, 38(1),  39 and of Sections  2, 

3  and  4 shall  apply  by  analogy  to persons  satisfying  the 

conditions  of a special  scheme  for  civil  servants  and  persons 

treated  as such. 

-  33 -

2. 

However, where the  legislation of a Member  State makes  the 

grant  of  certain benefits  conditional  on  the  insurance  periods 

having  been  completed  solely  under a special  scheme  for  civil 

servants  and persons  treated  as  such, periods  completed 

under  the  legislation of other Member  States  shall be  taken 

into account  for the grant  of  these benefits  only  if they were 

completed  under a corresponding  scheme.  If, account  being 

taken of the periods  thus  completed, the person  concerned  does 

not  satisfy  the qualifying  conditions  for  the  said  benefits, 

these periods  shall be taken  into account  for  the grant  of 

benefits  under  the general  scheme  or, failing  this, under  the 

scheme applicable  to manual  or  clerical  workers, as 

appropriate. 

3. 

For the acquisition,  retention  and  recovery  of  the  right  to 

benefits  within  the meaning  Article  38(1),  the  institution 

of  a Member  State administering  a scheme  that  is not a 

special  scheme  for  civil  servants  and  persons  treated  as such 

shall  take  into account  all periods  completed  under  the 

legislation  of any Member  State, irrespective  of  whether 

they  were  completed  under  a general  or a special  scheme, 

applicable  to civil  servants  and persons  treated  as  such." 

16. 

It  also  includes  a new Article 43b, worded  as  follows: 

"Other  persons 

The provisions  of Sections  1 to 4 shall  apply  by analogy  to students 

and  to persons  as  referred  to  in Article  2(3), subject  to the 

special  procedures  laid down  in Annex  X." 

17. 

Chapter  3 of Title  III  is amended  as follows: 

(a) 

A Section  1 is  introduced, entitled  "Employed  and  self-employed  persons", 

comprising  Articles 44 to  51. 

(b)  A Section  2 is introduced, entitled  "Persons  other  than  those 

referred  to  in Section  1" 

-  34 -

18. 

Section 2 of  Chapter 3  includes  an Article  51a, worded  as follows: 

"Civil  servants  and persons  treatecj as such 

1- 

The provisions  of Articles  44, 45(1),  (4) and  (7), 46, 47, 

48,  49, 50 and  51  shall  apply  by  analogy  to persons  satisfying 

the  conditions  of a special  scheme  for  civil  servants  and  persons 

treated  as  such. 

2. 

However, where  the  legislation  of a Member  State makes  the grant 

of  certain  benefits  conditional on the  insurance periods  having 

been  completed  solely  under  a special  scheme  for  civil  servants 

and  persons  treated  as  such,  periods  completed  under  the 

legislations  other Member  States  shall  be taken  into  account 

for  the grant  of  these  benefits  only  if they  were  completed  under 

a  corresponding  scheme.  If, taking  account  of the periods  thus 

completed,  the person  concerned  does  not  satisfy  the  qualifying 

conditions  for  the said  benefits, these periods  shall  be taken 

into account  for the grant  of  the benefits  of the general  scheme 

or,  failing  this, of  the scheme applicable  to manual  or  clerical 

workers, as  appropriate. 

3. 

For  the acquisition,  retention  and  recovery  of  the  right  to 

benefits  within  the meaning  of Article  45(1),  the  institution  of 

a Member  State which  administers  a scheme  that  is not  a special 

scheme  for  civil  servants  and persons  treated  as  such  shall  take 

into account  all  the periods  completed  under  the  legislation of 

any Member  State, irrespective of whether  they  were  completed 

under a general  or a special  scheme, applicable  to  civil  servants 

and  persons  treated  as  such." 

19. This Section  also  includes  an Article  51b, worded  as  follows: 

"Other  persons 

35 -

The provisions  of Section  1 shall  apply  by analogy  to students  and to 

the persons  referred  to.in Article  2(3), subject  to the  special  procedures 

provided  for  in Annex  X." 

20. 

Chapter  4 of  Title  III  is amended  as follows: 

A Section  5 is introduced, entitled  "Persons other  than  those 

referred  to  in Sections  1 to 3" 

21. 

This  Section  includes  an Article 63a, worded  as follows: 

"Civil  servants  and persons  treated  as such 

1. 

The provisions  to Sections  1 to 4 shall apply  by  analogy 

to persons  satisfying  the  conditions  of a special  scheme  for 

civil  servants  and persons  treated  as such." 

22. 

It  shall  also  include  an Article 63b,worded  as follows: 

"Students 

The provisions of Sections  1 to 4 shall apply  by analogy  to 

students." 

23. 

Chapter  5 of Title  III  is amended  as follows: 

(a)  a  Section  1 is introduced, entitled  "Employed  and  self-employed  persons" 

(b)  a  Section  2 is introduced,  entitled  "Persons other  than  those  referred 

to  in Section  1" 

24. 

Section  2 includes an Article 66a, worded  as follows: 

"Civil  servants  and  persons  treated  as such 

- 36 -

The provisions of Section 1 shall apply by analogy to persons satisfying 

the conditions of a special scheme for civil servants and personvs treated 

as such." 

25.  This Section also includes an Article 66b, worded as follows: 

"Other persons 

The provisions of Section 1 shall apply by analogy to students 

and to persons as referred to in Article 2(3), subject to the 

special procedures laid down in Annex X." 

26.  In Article 67 the words "employed person" are replaced by 

"employed or self-employed person". 

27.  Article 71 is amended as follows: 

The words "employed person" are replaced by "employed or 

self-employed person". 

28.  In Chapter 6 of Title III, a Section 4 is added, entitled 

"Unemployed persons other than those referred to in Sections 1 to 3" 

29.  Section 4 includes an Article 71a, worded as follows: 

"The provisions of Sections 1 to 3 shall apply by analogy to 

persons satisfying the conditions of a special scheme for 

civil servants and persons treated as such." 

30.  This Section also includes an Article 71b, worded as follows: 

"Where the legislation of a Member State recognizes the right  to 

benefits of persons who have been newly registered as looking for 

work, the provisions of Articles 68, 69 and 70 of this Chapter 

shall apply to them by analogy." 

- 37 -

31.  Article 72 is amended as follows: 

The word  "self-employment" is replaced by "residence". 

32.  Article 72a is amended as follows: 

The words "employed persons" are replaced by "employed or self-

employed persons".  The same applies where these words appear 

in the singular. 

33.  Article 74 is amended as follows: 

The words "unemployed person  who was formerly employed or 

self-employed" are replaced by "unemployed person". 

34.  A new Article 76a is added after Article 76, worded as follows: 

"Civil servants and persons treated as such 

The provisions of this Chapter shall apply by analogy to persons satisfying 

the conditions of a special scheme for civil servants and persons treated as 

such, taking account, where appropriate, of the provisions of Article 72." 

35.  A new Article 76b is added, worded as follows: 

"Students and other persons 

The provisions of Article 72 shall apply by analogy to students and 

to the persons referred to in Article 2(3) if the latter are not 

pensioners." 

36.  A new Article 79a is added after Article 79, worded as follows: 

"Civil servants and persons treated as such 

- 38 -

"The provisions of Articles 77, 78 and 79 shall apply by analogy to an 

orphan of  a  person satisfying the conditions of a special scheme 

for civil servants and persons treated as such." 

37.  Title IV is amended as follows: 

The words "Administrative Commission on Social Security for Migrant Workers" 

are replaced by "Administrative Commission on Coordination of Social 

Security Schemes". 

38.  Title V is amended as follows: 

The words "Advisory Committee on Social Security for Migrant Workers" 

are replaced by "Advisory Committee on Coordination of Social Security 

Schemes". 

39.  An Article 95a is added after Article 95, worded as follows: 

"Transitional provisions for students, persons satisfying the conditions 

of a special scheme for civil servants and persons treated as such, 

and persons as referred  to in Article 2(3), other than pensioners 

1.  No right shall be acquired under this Regulation for any 

period prior to 

2.  Any period of insurance and, where appropriate, any period of 

employment, self-employment or residence completed under the 

legislation of a Member State before 

(1) 

shall be taken 

into account for the determination of rights acquired in 

accordance with the provisions of this Regulation. 

3.  Subject to the provisions of paragraph 1, a right shall be 

acquired under this Regulation even if it relates to a contingency 

arising prior to ..... 

«. 

(1) 

(1)  Date of entry into force of the Regulation ensuing from the present 

proposal. 

- 39 -

4. 

Any benefit that has not been awarded or that has been suspended on 

account of the nationality or the residence of the person concerned 

shall at the latter*s request be awarded or resumed from 

(1) 

, 

provided that the rights for which benefits were previously  awarded 

did not give rise to a lump-sum payment. 

(1) 

5. 

The rights of persons who prior to 

obtained the award of a 

pension may be reviewed at their request, account being taken of the 

provisions of this Regulation.  This provision shall also apply to 

the other benefits referred to in Article 79a. 

6.  "  If the request referred to in paragraph 4 or .paragraph 5 is lodged 

within two years from 

(1 ) 

,  rights deriving from this 

Regulation shall be acquired from that date and the provisions of 

the legislation of any Member State on the forfeiture or lapse of 

rights may not be applied to the persons concerned. 

7. 

If the request referred to in paragraph 4 or  paragraph 5 is lodged 

after expiry of the period of two years following 

(1) 

, 

rights not forfeited or lapsed shall be acquired from the date of such 

request, subject to any more favourable provisions of the legislation 

of any Member State." 

40.  Annex II is amended as follows: 

(a)  the words in parentheses are replaced by the following:  "Article 1(c)(a), 

(j) and (u) and Article 4(2)(a) of the Regulation" 

(b)  a Part III is added after Part II, entitled  "Special social 

security schemes applicable to students.  Conditions of application 

(Article 1 (c)(a).", and reading as follows: 

(1)  Date of entry into force of the Regulation ensuing from the present 

proposal. 

"A. 

BELGIUM 

-  40 -

1. 

Royal  Decree of  28  June  1969 extending  the  scope of  compulsory 

health  care  insurance  to students  in higher  education. 

Conditions  of  application: 

-  attend  third-level  education  in Belgium  at  an 

establishment  providing  day  courses; 

-  submit  to the  insurance  institution  a  certified 

statement  provided  by  the  educational  establishment. 

2. 

Royal  Decree of 20  July  1979 determining  the  conditions  which 

•pupils  and  students  must  satisfy  to qualify  for  compensation 

in  respect  of the sequelae  of occupational  diseases. 

Conditions  of  application: 

This  Decree  shall  apply  where  in the  course of  and  by  the 

nature of his training, a pupil  or  student  has been  exposed  to the 

risk of an occupational  disease  in  so far  as the  latter  is 

inherent  in the pursuit  of  the occupation  for which  he has 

been  training. 

3. 

-  Article  124 of the Royal  Decree of  20 December  1963 on 

employment  and  unemployment 

-  Royal  Decree  of 8 August  1986 on  the grant  of  the 

interim  allowance  (allocation  d'attente)  to young  workers 

who  have finished  their  studies. 

-  41  -

Conditions of  application: 

Unemployment  insurance  covers  persons  newly  registered  as 

looking  for work on  condition  that  they  have either  fully 

completed  their  studies  at  the  secondary  higher or 

secondary  lower  level of  technical  or vocational  training 

at  an establishment  organized,  recognized  or  subsidized 

by  one of the  language  communities  of Belgium,  or have 

obtained  for the aforementioned  studies  a diploma  or a 

leaving  certificate  before  a central  jury of one of the 

language  communities  of  Belgium. 

B. 

DENMARK 

Does not  apply. 

C. 

GERMANY 

Does not  apply. 

D. 

SPAIN 

Only  health  services provided  for under  specific  circumstances and 

benefits  for accidents  sustained  at  school  are  covered  by the 

special  scheme applicable  to students. 

E. 

FRANCE 

1. 

Sickness and maternity  insurance  for  students provided  for by 

Articles  L 381-3 to L 381-11  of  the Social  Security  Code. 

42 -

Pupils  and  students  at establishments  approved  for  this 

purpose  are compulsorily  covered  by  this  insurance  provided  that 

they  are neither  covered  by  social  security  nor are dependants 

of a person  covered  by social  security  and  provided  that  they  do 

not  exceed  an age limit  (Article  R 381-5 of  the Social  Security  Code: 

26 years), which may  however be  raised  on medical  or  civil  grounds 

or  to take account  of  the nature of  certain  studies. 

2. 

Personal  insurance:  Article  D 741-6-1" and  2" of  the 

Social  Security  Code. 

The  following  may  join personal  insurance: 

(a)  students  pursuing  education  approved  for  this purpose, 

provided  that  they  are under  the age of  26.  They  must  pay an 

annual  flat-rate  contribution,  the amount  of  which  is  identical 

with  the  sickness and maternity  insurance  contribution  payable by 

students; 

(b)  foreign  students  receiving  a grant  from  their  government 

who do not  come under the  French  social  security  scheme  for 

students.  They  must  pay a contribution  calculated  on  an annual 

flat-rate  basis, equal  to a quarter  of  the  social  contribution 

ceiling. 

3. 

Insurance  for accidents  at work:  Article  L 412-8-2" (a), 

(b) and  (c) of  the Social  Insurance  Code. 

F. 

GREECE 

Does not  apply. 

G. 

IRELAND 

Does not  apply. 

-  43 -

H. 

ITALY 

Sickness  and maternity:  the sole  condition  for  coverage of 

students under  the sickness  insurance  scheme  is their  residence 

within  the national  territory. 

I. 

LUXEMBOURG 

1.  Book  I of  the Social  Insurance  Code  concerning  sickness 

and  maternity  insurance. 

Insurance  covers  persons  over  the age of  18 pursuing  in 

Luxembourg  studies or  unremunerated  vocational  training  as an 

apprentice  who do not  enjoy  protection  in any  other  way. 

2. 

Book  II of  the Social  Insurance  Code  concerning  accident 

insurance. 

Insurance  for occupational  accidents  is extended  to 

-  pupils  at  technical  or vocational  training  courses or 

general  courses  accessory  thereto, organized  or  approved 

by  the State or organized  by  the  communes  and  the 

professional  institutes; 

-  pre-school, school  and  university  activities  organized 

by  the State, the communes  and  the professional  institutes 

or approved  by  the State>in  the territory  of  the 

Grand  Duchy of  Luxembourg. 

J. 

NETHERLANDS 

Does  not  apply. 

-  44 -

K. 

PORTUGAL 

Does not  apply 

L. 

UNITED  KINGDOM 

A student  who  is insured  under  the  legislation  of  the 

United  Kingdom, or of Gibralter,  concerning  one of  the 

branches of  social  security  mentioned  at Article  4(1) 

of  the Regulation  shall be  considered  to be  insured 

under  a social  security  scheme applicable  to  students 

with  the terms of Article  1(c)(a) of  the  Regulation". 

(c)  A Part  IV  is added, entitled  "Special  social  security 

schemes  for  civil  servants  and  persons treated  as  such;  social 

security  schemes  covering  categories  of  persons other  than 

employed  or  self-employed  persons and  students  (Article  4(2)(a) 

of  the Regulation)".  The  text  is as follows: 

"1. 

Special  schemes  for  civil  servants  and  persons  treated  as 

such" 

A. 

BELGIUM 

Does not  apply. 

B. 

DENMARK 

Special  pension  schemes  established  by  law or decrees  concerning 

State or municipal  civil  servants  and persons  treated  as  such 

are  included  in the scope of  the  Regulation. 

C. 

GERMANY 

Does not  apply. 

D. 

SPAIN 

Does not  apply. 

-  45 

-

E. 

FRANCE 

Does  not  a p p l y. 

F. 

GREECE 

Does not apply. 

G. 

IRELAND 

Does not apply. 

H. 

ITALY 

All  special  schemes are  included  in the scope of the Regulation, 

I. 

LUXEMBOURG 

1.  The following  schemes are included  in the scope of the 

Regulation: 

1.  The sickness and maternity  insurance  scheme  referred 

to in Book I of the Social  Insurance  Code. 

2.  The accident  insurance  scheme  referred  to in Book II 

of the Social  Insurance  Code. 

3.  The scheme  referred  to in the Law of 19 June 1985 

concerning  family  allowances and establishing the 

Caisse nationale des prestations  familiales 

(National  Family  Benefits  Fund). 

-  46 -

2. 

Non-contributory  civil  service  pension  schemes  are also 

included  in the  scope of the Regulation  to the  extent  that 

they  are effectively  social  security  schemes. 

J. 

NETHERLANDS 

Does not  apply. 

K. 

PORTUGAL 

The  following  schemes are  included  in the  scope of  the  Regulation: 

1. 

scheme  relating  to protection  in  the  case  of  sickness and 

maternity  (cash  benefits and  administration  of remuneration); 

2. 

scheme  relating  to  retirement  because  of  occupational 

incapacity  (invalidity); 

3. 

scheme  concerning  age-related  retirement  (old age); 

4. 

scheme  relating  to survivors' pensions; 

5. 

scheme  relating  to compensation  for  injuries  and  retirement 

resulting  from  an accident  at work  or  an occupational  disease; 

-  47 -

6. 

scheme  relating  to death  grants. 

By  way  of  exception, the  following  special  schemes  are  excluded 

from  the  scope of  the  Regulation: 

1. 

scheme  relating  to  invalidity  pensions  for  military 

personnel  under  compulsory  military  service; 

2. 

Scheme  relating  to the  "preço de sangue" pension 

(death  of  a civil  servant  in the performance  of  his 

public  or military  duties) and  other  similar  pensions. 

L. 

UNITED  KINGDOM 

Does  not  apply. 

2. 

Special  social  security  schemes  covering  categories of 

persons other  than  employed  and  self-employed  persons 

and  other than  students. 

A. 

BELGIUM 

The  schemes  included  in  the scope of  the Regulation  and  the 

provisions  for  implementing  these  schemes  are as follows: 

1. 

Royal  Decree of  28  June 1969 extending  the  scope of 

compulsory  health  care  insurance  to persons  not  yet 

protected. 

Conditions of  application: 

-  effectively  have one's principal  residence  in Belgiumi 

and  have been  registered  as such  in the  municipal 

registers  for at  least  six months  prior  to  joining 

a sickness  fund or  the Caisse  auxiliaire  d'assurance 

maladie  -  invalidité  (Auxiliary  Sickness  and  Invalidity  Fund); 

-  48 -

-  not  receive benefits under  another  Belgian  or  foreign 

compulsory  health  care  insurance  scheme. 

2. 

Royal  Decree of 20  July  1970 extending  the  scope of  health 

care insurance  to disabled  persons. 

Conditions of  application: 

-  have one's domicile  in Belgium  and have  effectively 

resided  there for at  least  three months; 

-  have reached  the age of 15; 

-  have been  recognized  before  the age of 65  (men) 

or 60  (women) as  incapable, because  of  one's 

state of physical  or mental  health, of  pursuing 

gainful  employment  for an expected  duration  of at 

least  one month  on  the basis of  the  criteria  laid 

down  in Article  56(1) of  the  Law of  9 August  1963 

establishing and organizing  a compulsory  insurance 

scheme for  sickness and  invalidity  (diminution  of 

earning  capacity  of at  least  2/3  and  having 

ceased  all  work). 

3. 

Royal  Decree of  28 June 1969 extending  the  scope of 

compulsory  health  care  insurance  to members  of  religious 

orders. 

Conditions of  application: 

-  be a member  of a religious order  other  than  those 

referred  to in Article  1 of  the Royal  Decree of 

28  June 1969 extending, the scope of  compulsory 

health  care  insurance to  certain  members  of  the 

clergy  and  of  religious orders; 

-  submit  to the  insurance  institution a  certified 

statement  provided  by  the religious  order. 

-  49 -

4. 

Law of  27 February  1987  relating  to allowances  for 

disabled  persons, in accordance  with  the  provisions 

laid down  in Annex  X. 

B. 

DENMARK 

Does not  apply. 

C. 

GERMANY 

Does not  apply. 

D. 

SPAIN 

Does not  apply. 

E. 

FRANCE 

1. 

Persons  residing  within  French  territory  in accordance  with 

the  relevant  national  and  Community  provisions  may  join 

(a)  personal  insurance  established  by  Articles  L 741-1  to  741-13 

of  the Social  Security  Code; 

(b)  voluntary  old-age  insurance  and  voluntary  invalidity  insurance 

on condition that the person concerned voluntarily provides constant attendance for 

a member  of  his  family  under  the  conditions  laid down  in the 

second  subparagraph  of Article  L 742-1  of  the Social  Security  Code 

or  satisfies  the  family  situation  conditions  laid down  in the 

third  subparagraph  of  the aforementioned  Article  L 742-1. 

2. 

The  non-contributory  special  benefits  and  the benefits  for 

disabled  persons  shall be granted  in accordance  with  the  provisions 

laid  down  in Annex  X. 

- 50 -

F. 

GREECE 

Does not  apply. 

G. 

IRELAND 

Does not  apply. 

H. 

ITALY 

The sole  condition for  coverage by  sickness and maternity  insurance 

is residence within  the national  territory. 

I. 

LUXEMBOURG 

The sickness and maternity  insurance scheme  referred  to  in Book I 

of  the Social  Insurance  Code  is included  in the scope of  the 

Regulation where it  concerns 

-  recipients of a supplement  under the Law of 26  July  1986, as amended, 

on  the guaranteed  minimum  income; 

-  persons  residing  in Luxembourg  who as a result  of physical  or 

mental  infirmity  are unable to earn  a  living and who do not 

enjoy  protection  in any other  way. 

J. 

NETHERLANDS 

Does not  apply. 

K. 

PORTUGAL 

Non-contributory  benefits, in accordance with  the  provisions 

laid down  in Annex  X, are  included  in the scope of  the 

Regulation. 

-  51  -

L. 

UNITED  KINGDOM 

Does  not  apply." 

41. 

Annex  VI  is amended  as follows 

(a) 

Under  the heading  "E.  FRANCE" the following  is added; 

"8. 

For the purpose  of applying  Article  1(c)(a), the  establishments 

recognized  or approved  by the national  authorities  are the 

following: 

(a)  Establishments  of  higher  education, technical  colleges, 

professional  colleges  and  second-level  classes preparatory  to 

these  colleges, that  are approved  under the  conditions  laid 

down  by  the Decree of 29 December  1965, as amended,  relating 

to the  social  insurance  scheme  for  students,  implementing 

Article  L 381-5 of  the Social  Security  Code. 

(b)  The  forms of education  approved  under the  conditions  laid 

down  in Article  D 741-6-1e of the Social  Security  Code  relating 

to  coverage of pupils  and  students under  personal  insurance." 

-  52 -

(b)  Under  the heading  "L.  UNITED  KINGDOM"  the following  is added: 

"21.  A person  who  is validly  enrolled  at  an  educational  establishment 

in the United  Kingdom  shall not  be precluded  from  being  considered 

a  student  within  the meaning  of Article  1(c)(a) of  the  Regulation 

solely  because  there  is no scheme  in the United  Kingdom  for 

recognizing  or approving  such establishments  and  because  that 

person  therefore does not  attend  an establishment  that  has been 

recognized  or approved  by  the national  authorities.  However, 

such  a person  must  either  be undertaking  advanced  education 

within  the meaning  of  Regulation  1(2) of  the  Child  Benefit 

(General) Regulation  1976  (or the  Child  Benefit  (General) 

Regulations  (Northern  Ireland) 1979) or be  at  least  19 years 

of age. 

42. 

An Annex  X is introduced,  reading  as follows: 

"Special  procedures  for  implementing  Chapters  2, 3 and  5 of 

Title  III for persons other  than  employed  or  self-employed  persons 

(Articles 43b,  51b and  66b of  the  Regulation) 

A. 

BELGIUM 

The allowances  for  disabled  persons  provided  for  by the 

Law of 27  February  1987 shall not  be provided  if the  beneficiary 

resides  in a territory  other  than  that  of Belgium.  They  shall 

therefore not  be exportable. 

B. 

DENMARK 

1.  Non-employed  persons  shall  be entitled  to a Danish  social 

pension  if they  resided  in Denmark  for at  Least  three years  between 

the ages  for the beginning  and  end  of working  life as  laid down by 

Danish  legislation. 

-  53 -

2. 

Periods during  which  a non-employed  person  received  a pension 

from  another Member  State shall  not  be taken  into account  towards 

the  completion  of  the  residence  period  referred  to  in paragraph  1. 

C. 

GERMANY 

Does not  apply. 

D. 

SPAIN 

1. 

The  non-contributory  benefits of  the Spanish  social  security 

scheme  provided  for by Law 26/1990 of  20 December  1990 shall be 

provided  solely  to beneficiaries  residing  in Spain.  They  may 

in no  case be exported  outside  the national  territory. 

2. 

The  conditions  required  by Spanish  social  security  for the 

grant  of  non-contributory  invalidity  and  retirement  pensions  are 

as  follows: 

(a)  Invalidity  pension: 

-  be over  the age of  18 and  under 65j 

reside  lawfully  within. Spanish  territory  and  have had 

one's  residence  there  for  five years, of  which  two years 

immediately  prior  to the date on which  the pension  is 

claimed'T 

have over 65%  invalidity  or  chronic  illness^ 

lack  adequate means or  income, the  level  of  which  is 

fixed  periodically. 

(b)  R e t i r e m e nt  p e n s i o n: 

- 

- 

be  over 

t he  age  of  65} 

reside  lawfully  within  Spanish  t e r r i t o ry  and  have  had  one's  residence 

t h e re 

f or  10  years  between  t he  age  of  16  and  t he  age  on 

which  the  person  concerned  e x e r c i s es  h is 

r i g ht 

to  p e n s i o n, 

of  which  two  c o n s e c u t i ve  years 

i m m e d i a t e ly  p r i or 

to 

t he 

d a te  on  which  t he  b e n e f it 

is  c l a i m e d^ 

-  5 4— 

-  lack adequate means or  income, the  level of  which  is 

fixed  periodically. 

3. 

The special  social  security  scheme  for  students does  not  make 

provision  for  students to  receive benefits  in respect  of  invalidity 

(except  benefits  for  school  accidents), old  age or death, nor  for 

benefits payable upon  the student's  death. 

E. 

FRANCE 

for the purpose of applying  Article 43 b) and  51 b) to the  persons 

referred  to  in Article  2  (3) of  the Regulation, the  non-contributory 

special  benefits  and the benefits  for handicapped  persons  shall  be 

granted  to persons  residing  in  France  in accordance  with  national 

and  Community  provisions. 

F. 

GREECE 

Does not  apply. 

G. 

IRELAND 

Does not  apply. 

H. 

ITALY 

Does not  apply. 

I. 

LUXEMBOURG 

Does not  apply. 

- 55 -

J. 

NETHERLANDS 

Does not apply. 

K. 

PORTUGAL 

For the purpose of applying Articles 43a and 51a to the persons 

referred to in Article 2<3), the non-contributory benefits in 

respect of invalidity, old age and death shall be granted to 

persons residing in Portugal. 

L. 

UNITED KINGDOM 

Does not apply. 

-  56 -

Article  2 

Regulation  (EEC) N° 574/72  is amended  as follows. 

1. 

The title  is  replaced  by the  following: 

"Regulation  (EEC) N° 574/72  laying down  the procedure  for 

implementing  Regulation  (EEC) N° 1408/71  on  the application  of 

social  security  schemes to  persons moving  within  the  Community". 

2. 

Article  4 is amended  as follows: 

Paragraph  3 is replaced  by  the  following: 

"The  institutions  of  the place of  residence, the  institutions of 

the place of  stay, and the  institutions  of  the  place of  study or 

vocational  training  of each Member  State  are  listed  in Annex  3." 

3. 

Article  8 is amended  as follows: 

(a)  At  the beginning  of paragraph  1 the words  "If  an  employed  or 

self-employed  person  or a member  of  his  family" are replaced  by 

"If  the person  concerned". 

At  the end of this paragraph  the words  "the employed  or self-

employed  person/" are replaced  by "the  person  concerned". 

(b)  At  the beginning  of paragraph  2 the words  "If  an  employed  or 

self-employed  person" are replaced  by  "If  the person  concerned". 

At  the end of paragraph 2, the words" the person  concerned" are 

replaced  by  the word "he". 

-  57 -

4. 

Article 8a  is amended  as  follows! 

In paragraph  1 the words  "an employed  or  self-employed  person or 

a member  of  his  family" are  replaced  by  "the person  concerned". 

5. 

Article  10  is amended  as follows: 

The title  is  replaced  by  the following  "Rules applicable  in the 

case of overlapping  of  rights to family  benefits or  family 

allowances". 

6. 

Article  10a  is amended  as follows! 

(a)  The title  is replaced  by  the  following: 

"Rules  applicable  when  during  the  same period  or part  of 

a period  the employed  or self-employed  person  or one of  the 

persons  referred  to  in Articles  76a  and  76b of  the  Regulation 

is successively  subject  to the  legislation of  several 

Member  States". 

(b)  At  the beginning  of paragraph  1, after  the  words 

"If  an employed  or  self-employed  person", the  words 

"or one of  the persons  referred  to  in Articles  76a 

and  76b of  the Regulation" are  added. 

7. 

Article  10b  is deleted. 

8. 

Article  16  is amended  as followsl 

(a)  The text  of  paragraph  1 is replaced  by the  following: 

"In  order  to  invoke the provisions of  Article  18 of  the 

Regulation, an employed  or self-employed  person  and  the 

persons  referred  to  in Articles  34a, 34b  and  34c of  the 

Regulation  shall  submit  to the  competent  institution 

a certified  statement  specifying  the periods of 

insurance  completed  under the  legislation  to which 

they  were  last  subject." 

- 58-

(b) 

In paragraph  2, after the words  "employed  or  self-employed 

person"^ the words  "or one of  the persons  referred  to in 

Articles 34a, 34b and 34c of  the  Regulation" are  added. 

9. 

Article  17  is amended  as follows. 

(a)  The text of paragraph  1 is replaced  by  the  following: 

"In order  to  receive benefits  in  kind  under  Article  19 of 

the Regulation, an employed  or self-employed  person  and 

the person  referred  to  in Article 34a of  the  Regulation 

must  register  themselves  and  the members  of  their  families 

with  the  institution  of the place of  residence  by  submitting 

a certified  statement  testifying  that  they  and  the  members 

of  their  families are entitled  to the  said  benefits.  This 

certified  statement, based  upon  information  supplied  by the 

employer, where appropriate, shall  be  issued  by  the  competent 

institution.  If  the employed  or  self-employed  person, the 

person  referred  to  in Article 34a  of  the Regulation, or  the 

members of  their families do not  submit  the  said  certified 

statement the  institution of the place of  residence  shall 

obtain  it from  the  competent  institution." 

(b)  The text  of paragraph  8  is replaced  by  the  following: 

"The employed  or  self-employed  person, the person  referred 

to  in Article 34a of the Regulation or  the members  of  their 

families  shall  inform  the  institution  of  the place of 

residence of any  change  in their  situation which  is  likely  to 

alter  their entitlement  to benefits  in  kind,  in particular 

any  cessation or  change of  the employment  or  self-employment 

of  the person concerned  or any  transfer  of  residence or 

stay of the employed  or self-employed  person or of  a member 

of his  family. 

-  59 -

Likewise, should  the employed  or  self-employed  person or the 

person  referred  to  in Article 34a  of  the Regulation  cease to be 

insured  or  cease to be entitled  to benefits  in kind, the 

competent  institution  shall  inform  the  institution  of the 

place of  residence  accordingly.  The  institution of  the place 

of  residence may, at  any  time, request  the  competent  institution 

to supply  it with  any  information  relating  to the  insurance 

or  to the entitlement  to benefits  in kirvd of  the employed  or 

self-employed  person or of  the person  referred  to in 

Article 34a  of the Regulation." 

(c)  A paragraph  10  is added, worded  as follows: 

"The provisions of  the preceding  paragraphs  shall  apply by 

analogy  to the members  of a student's  family.  These  provisions 

shall also  apply  by analogy  to students as  referred  to  in 

Article 34b(2) of  the Regulation, and  in this case the 

institution  of  the place of  study  or  vocational  training  shall 

be  regarded  as  institution  of  the place of  residence." 

10. 

Article  18 shall  be amended  as follows: 

(a) 

In paragraph  1 the words  "an employed  or  self-employed  person" 

are  replaced  by the words  "an employed  or  self-employed  person 

and  the person  referred  to  in Article 34a of  the  Regulation". 

(b)  A paragraph  10  is added, worded  as follows: 

"The provisions of  the preceding  paragraphs shall  apply  by 

analogy  to students  as  referred  to  in Article 34b(2) of  the 

Regulation, and  in this  case the  institution of  the place of 

study  or vocational  training  shall be  regarded  as  institution 

of  the place of  residence." 

-  60 -

11. 

Article  21  is amended  as follows: 

(a) 

At  the end of the title  the words  "or self-employed  persons" 

are  replaced  by  ", self-employed  persons or persons  referred 

to  in Articles 34a, 34b and 34c of  the  Regulation." 

(b) 

The first  sentence of paragraph  1  \s replaced  by  the 

following  sentence: 

"In order to receive benefits  in  kind  under Article  22(1)(a)(i) 

of  the Regulation, save  in the  case  referred  to  in Article 20 

of  the  implementing  Regulation, an employed  or  self-employed 

person  and the persons  referred  to  in Articles 34a, 34b and 

34c of the Regulation  shall  submit  to the  institution of the 

place of  stay  a certified  statement  stating  that  they  are 

entitled  to benefits  in  kind." 

12. 

Article 22  is amended  as follows: 

(a) 

The title  is replaced by  the  following: 

"Benefits  in kind  for employed  or  self-employed  persons and 

for  the persons  referred  to  in Article  34a of  the Regulation 

who  transfer their residence or  return  to  their  country of 

residence, and  for employed  or  self-employed  persons and  the 

persons  referred  to  in Articles 34a, 34b  and  34c of the 

Regulation  who are authorized  to go to another Member  State  for 

medical  treatment." 

(b) 

In  the first  sentence of paragraph  1 the words  "an employed 

or  self-employed  person" are replaced  by  "an  employed  or 

self-employed  person  and  a person  as  referred  to  in Article 34a 

of  the Regulation". 

The word  "he" is replaced  by  "they". 

13. 

Article  24  is amended  as follows: 

(a) 

In the title the words  "and  for persons  as  referred  to in 

Articles 34a, 34b and 34c of  the Regulation" are  inserted 

after  the words  "self-employed  persons". 

-  61  -

(b)  The  text  of  the Article  is  replaced  by  the  following: 

"The provisions  of  Article  18 of  the  implementing  Regulation 

shall  apply  by  analogy  in  respect  of  the  receipt  of  cash 

benefits  under  Article  22(1)<a)(ii) of  the  Regulation. 

However, without  prejudice  to the obligation  to submit  a 

certificate  of  incapacity  for work, neither  the  employed 

or se If-employed  person  nor  the person  referred  to in 

Article  34a of the Regulation  shall be  required  to  submit 

the notification  of having  ceased  work  referred  to in 

Article  18(1) of  the  implementing  Regulation  if they 

are  staying  in the territory  of  a Member  State  without 

pursuing  an occupation  there." 

14. 

Article  25  is amended  as  follows! 

In paragraph  1 the words  "an employed  or  self-employed  person" 

are  replaced  by  "an employed  or  self-employed  person  and  the  persons 

referred  to  in Articles 34a and  34b of  the  Regulation". 

15. 

Article  35  is amended  as  follows! 

(a) 

The title  is  replaced  by  the  following: 

"Claims  for  invalidity  benefits  where  the  employed  or 

self-employed  person  or the persons  referred  to in 

Articles  43a  and 43b of  the Regulation  have been  subject 

exclusively  to the  legislations specifiedin Annex  IV to 

the Regulation  and  in the  case  referred  to  in Article  40(2) 

of  the  Regulation". 

-  62 -

(b) 

The  first  sentence of paragraph  1 is replaced  by  the 

following: 

"In order  to receive benefits  under  Articles 37, 38 and  39 

of  the Regulation,  including  in the cases  referred  to in 

Articles  40(2), 41<(1) and 42(2) of  the  Regulation, 

an employed  or  self-employed  person  and  the  persons 

referred  to  in Articles 43a  and 43b of  the  Regulation 

shall  submit  a claim  either  to the  institution  of  the 

Member  State  to whose  legislation  they  were  subject  at 

the  time of occurrence  of  the  incapacity  for work 

followed  by  invalidity  or the  aggravation  of  such 

invalidity, or to the  institution  of  the place of 

residence, which  shall  then  forward  the  claim  to the first 

institution,  indicating  the date on which  it was  submitted; 

this date  shall  be  regarded  as the date of  the  submission  of 

the  claim  to the first  institution." 

(c) 

In paragraph  2 the words  "or one of  the persons  referred  to in 

Articles 43a  and 43b of  the Regulation" are added  after  the 

words  "the  employed  or  self-employed  person". 

(d) 

In  the second  sentence of  paragraph  3 the words  "or one of the 

persons  referred  to  in Articles 43a  and 43b of  the  Regulation" 

are  added  after the words  "the  employed  or  self-employed  person" 

16. 

Article  36  is amended  as follows: 

The words  "or one of  the persons  referred  to  in Articles  51a  and  51b 

of  the  Regulation" are added  after  the words  "the  employed  or  self-

employed  person". 

17, 

Article  37  is amended  as follows: 

The words  "or one of  the persons  referred  to  in Articles  51a and  51b 

of  the Regulation" are added  after  the words  "the  employed  or  self-

employed  person". 

-  63 -

18. 

Article  39  is amended  as follows? 

The words  "or one of  the persons  referred  to  in Articles  43a  and  43b 

of  the Regulation" are added  after  the words  "the employed  or  self-

employed  person". 

19. 

Article  42  is amended  as follows! 

The  words  "or one of the persons  referred  to  in Articles  43a, 43b, 51a 

and  51b of  the Regulation" are added  after  the  words  "the  employed  or 

self-employed  person". 

20. 

Article  43  is amended  as follows: 

The words  "or one of the persons  referred  to  in Articles  43a, 43b, 

51a  and  51b of  the Regulation" are added  after  the  words  "the 

employed  or  self-employed  person". 

21. 

Article  44  is amended  as follows*. 

The words  "or one of  the persons  referred  to  in Articles  51a  and  51b 

of  the  Regulation" are added  after  the words  "the employed  or 

self-employed  person". 

22. 

Article  50  is amended  as  follows! 

In paragraph  1(a)(i) the words  "or one of  the  persons  referred  to 

in Articles  43a, 43b, 51a and  51b of  the  Regulation"  are added  after 

"Where  an employed  or  self-employed  person". 

23. 

In  the  title of Chapter  4 the words  "Articles  52 and  53" are 

replaced  by  "Articles  52, 53, 63a  and  63b". 

64 -

24. 

Article  60  is amended  as follows*. 

The  text  of paragraph  1 is replaced  by  the  following: 

"In order  to  receive benefits  in kind  under  Article  52(a) of  the 

Regulation, an employed  or  self-employed  person and the persons referred to in 

Articles  63a and 63b of the Regulation  shall  submit  to the  institution 

of  the place of  residence  a certified  statement  testifying  that  they  are 

entitled  to such  benefits  in  kind.  This  certified  statement, based  upon 

information  supplied  by the  employer,  where appropriate,  shall be 

issued  by  the competent  institution.  Moreover,  if the  legislation of 

the  competent  State  so provides, the  employed  or  self-employed  person 

and  the persons  referred  to  in Articles 63a  and 63b of  the  Regulation 

shall  submit  to the  institution  of  the place of  residence  a  receipt 

from  the  competent  institution  of notification  of an  accident  at  work 

or of an  occupational  disease.  If the person  concerned  does not 

submit  such documents, the  institution  of  the place of  residence  shall 

obtain  them  from  the  competent  institution  and, pending  their arrival, 

it  shall grant  him  the benefits  in kind  under  sickness  insurance, 

provided  that  he satisfies  the  conditions  for  entitlement  thereto." 

25. 

Article  61  is amended  as follows. 

In paragraph  1 the words  "an employed  or  self-employed  person" 

are  replaced  by  "an employed  or self-employed  person  and  the persons 

referred  to  in Articles  63a  and  63b of  the  Regulation". 

26. 

Article  63  is amended  as follows: 

(a)  In the  title  the words  "and  for  the persons  referred  to in 

Articles  63a and 63b of  the Regulation" are added  after 

"for  employed  and  self-employed  persons". 

-  65  -

(b)  In paragraph  1 the words  "an employed  or self-employed  person" 

are  replaced  by  "an  employed  or  self-employed  person  and  the 

persons  referred  to  in Articles 63a  and 64b of  the  Regulation". 

The words  "that  he  is" are  replaced  by  "that  they  are". 

27. 

Article 64  is amended  as  follows! 

The second  sentence  is  replaced  by  the  following: 

"However, without  prejudice  to the obligation  to submit  a  certificate 

of  incapacity  for work, an employed  or  self-employed  person  and  the 

persons  referred  to  in Articles 63a  and  63b of  the  Regulation  who are 

staying  in the territory  of a Member  State without  pursuing  any 

professional  or trade activity  there  shall not  be  required  to  submit 

the notification  of having  ceased  work  referred  to  in Article  61(1) of 

the  implementing  Regulation." 

28. 

Article  66  is amended  as follows: 

The words  "or one of  the persons  referred  to  in Articles  63a  and 

63b of the Regulation" are added  after  "the employed  or  self-

employed  person". 

29. 

In the title of  Chapter  5 the words  "Articles 64, 65 and  66" are 

replaced  by  "Articles 64, 65, 66, 66a  and  66b". 

30. 

Article  80  is amended  as  follows! 

The words  "an  employed  person" are  replaced  by  "an employed  or 

self-employed  person  or under  a special  scheme  for  civil  servants 

and persons  treated  as  such". 

-  66 -

31. 

Article  84  is amended  as  follows! 

(a) 

The  title  is  replaced  by  the  following: 

"Unemployed  persons who were  formerly  employed  or  self-

employed  and  persons  as  referred  to  in Article  71a  of  the 

Regulation  who, during  their  last  employment  or  self-

employment,  were  residing  in a Member  State other  than 

the  competent  State". 

(b) 

In  paragraph  2 the words  "an  unemployed  person  who  was 

formerly  employed  shall  submit"  are  replaced  by  "an 

unemployed  person  who was  formerly  employed  or  self-

employed  and  the persons  referred  to  in Article  71a of 

the  Regulation  shall  submit".  The words  "he  was  last 

subject" shall  be  replaced  by  "they  were  last  subject". 

The  words  "he has no  right" are  replaced  by  "they 

have no  right". 

(c) 

In  paragraph  3 the words  "the  unemployed  person  who  was 

formerly  an  employed  person" are  replaced  by  "the 

unemployed  person  who was  formerly  employed  or  self-

employed  or the person  referred  to  in Article  71a of 

the  Regulation". 

32. 

Article  85  is amended  as  follows: 

In  the  title  the words  "periods  of  employment  or  self-employment" 

are  replaced  by  "periods  of  insurance, employment  or 

seIf-employment". 

33. 

Article  86  is amended  as  follows! 

(a)  The  text  of  paragraph  1  is replaced  by  the  following: 

"In order  to  receive  family  benefits  under  Article  73 of 

the  Regulation,  an employed  or  self-employed  person  and 

a  person as referred  to  in Article  76a  of  the  Regulation 

shall  submit  a claim  to the  competent  institution,  where 

necessary  through  their  employer." 

-  67 -

(b)  The first  sentence of paragraph  2  is replaced  by the 

following: 

"In support  of their  claim, the employed  or  self-employed 

person  and  the person  referred  to  in Article 76a of  the 

Regulation shall submit  a certificate  relating  to members 

of  their  family  residing  in the territory  of a Member  State 

other  than  that  in which  the competent  institution  is situated." 

(c)  The text  of paragraph  3  is replaced  by  the  following: 

"Where  the  legislation  of the competent  State provides that 

the  family benefits may or must  be paid  to a person other than 

the employed  or self-employed  person or the person  referred 

to  in Article 76a of the Regulation/  the said  persons  shall 

also  submit  in support  of  their  claim,  information  identifying 

the  individual  to whom  the family benefits are to be paid 

in the country of  residence  (name, forename, full  address)." 

(d)  The text  of paragraph  5 is replaced  by the following! 

"An  employed  or self-employed  person and a person as 

referred  to in Article 76a of the Regulation  shall  inform 

the  competent  institution, where necessary  through  their 

employer, 

-  of  any  change  in the situation of  the members  of  their 

family which might  alter entitlement  to benefits, 

-  of  any  change  in the number  of members of  their  family 

for whom  family benefits are due." 

34.  Article 88  is amended  as follows! 

The text  of  the Article  is replaced  by the  following: 

-  68 -

"The provisions  of  Article 86 of the  implementing  Regulation 

shall  apply mutatis  mutandis  to unemployed  persons  as  referred 

to  in Article  74 of  the  Regulation." 

35.  The  title above Article 90  is replaced  by the  following: 

"Implementation  of Articles  77, 78, 79 and  79a  of  the  Regulation". 

36.  Article  90  is amended  as follows! 

The words  "Article  77 or 78 of  the Regulation" are  replaced  by 

"Article  77, 78 or 79a of  the  Regulation". 

37.  Article 91  is amended  as follows! 

The words  "Article 77 or 78" are  replaced  by  "Article  77, 78 or 79a", 

38.  Article  92  is amended  as follows! 

The words  "Article  77 or 78" are  replaced  by  "Article  77, 78 or 79a 

of  the  Regulation". 

39.  Article  94  is amended  as  follows^ 

(a)  The words  "or of one of  the persons  referred  to  in Article  34a 

and  34b 

of  the Regulation" are added  after  "employed  or 

self-employed  person". 

(b)  In paragraph  1 the words  "or one of  the persons  referred  to in 

Article  34a 

and  34b 

of  the Regulation"  are added  after 

"employed  or  self-employed  person". 

- 69 -

40.  Annex  3  is amended  as follows! 

(a)  The title  is replaced  by the  following: 

"Institutions of the place of  residence, institutions of the 

place of stay,  institutions of  the place of  study or of 

vocational  training". 

(b)  In every  section a new  Part  III  is added  after Part  II, 

reading  as follows: 

"A. 

BELGIUM 

III.  Institutions of the place of  study or of vocational  training 

Institutions of the place of  residence and  institutions of the 

place of stay  listed  for Belgium  in Annex 3 to Regulation 

(EEC) N° 574/72, points  1-1(a) and II. 

B.  DENMARK 

III. Institutions of the place of study or vocational  training. 

Does not  apply. 

C. GERMANY 

III. Institutions  of  the place of  study or vocational  training. 

Does not  apply. 

- 70 -

D. SPAIN 

III. Institutions  of  the place  of  study  or vocational  training. 

Does not  apply. 

E.  FRANCE 

III.  Institutions  of the place of  study  or vocational  training 

Caisse primaire d'assurance  maladie  (Local  Sickness  Insurance 

Fund) of  the place where the person  concerned  is  studying. 

F. GREECE 

III. Institutions  of the place  of  study  or vocational  training. 

Does  not  apply. 

G.  IRELAND 

III. Institutions  of  the place of study  or vocational  training. 

Does not  apply. 

H. ITALY 

III. Institutions  of the place of  study  or  vocational  training. 

Does not  apply. 

-  71  -

I.  LUXEMBOURG 

III.  Institutions  of  the place of  study  or  vocational  training 

Caisse  nationale d'assurance  maladie des  ouvriers 

(National  Sickness  Insurance  Fund  for Manual  Workers), 

Luxembourg. 

J. 

NETHERLANDS 

III.  Institutions  of  the place of  study  or  vocational 

training 

One of  the  sickness  funds  competent  for  the place  where 

the person  concerned  is studying  or pursuing  vocational 

training, at  the  latter's  choice. 

K. 

PORTUGAL 

III.  Institutions  of the place of  study  or  vocational 

training 

Centro  Regional  de Segurança  (Regional  Centre of  Social 

Security) of  the place of  study  or vocational  training 

L. UNITED  KINGDOM 

Institutions  of the place  of  study  or vocational  training 

Does  not  apply. 

-  72 -

Article  3 

This  Regulation  shall  enter  into force on  the day  of  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. 

Done  at Brussels, 

For  the  Council 

THE  PRESIDENT 

ISSN 0254-1475 

COM(91) 528  final 

DOCUMENTS 

EN 

04 

Catalogue number : CB-CO-91-577-EN-C 

ISBN 92-77-78638-8 

Office for Of&dal Publications of the European Communities 
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