Consolidated version of Regulation (EEC) No 1408/71 of the Council 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
Date: 1992-12-10
Institutions: European Commission
Subjects: consolidation of EU law, family benefit, self-employment, social-security benefit, social-security harmonisation, worker (EU)













EUR-Lex - 31992Y1210(01) - EN






Avis juridique important




|



31992Y1210(01)

Consolidated version of Regulation (EEC) No 1408/71 of the Council 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  


Official Journal C 325 , 10/12/1992 P. 0001 - 0040 





Consolidated version  of Regulation (EEC) No 1408/71 of the Council 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 (92/C 325/01)INTRODUCTION This edition: - consolidates the operative part of and the Annexes to Regulation (EEC) No 1408/71 of the Council  of 14 June 1971 on the application of social security schemes to employed persons and to members of  their families moving within the Community (OJ N° L 149, 5. 7. 1971, p. 2; Special edition 1971  (II), p. 416; Danish text: EFT, Specialudgave, 1971 (II), p. 366; Greek text: AAAA AAéaeéêÞ AAêueïóç,  1980 (05.001), ó. 73; Spanish text: DO Edicíon especial, 1985 (05.01) p. 98; Portuguese text: JO  Edição Especial, 1985 (05.01) p. 98, in part II), - updating the recitals since the adoption of Regulation (EEC) No 1408/71 in part III, - consolidates the amendments resulting from the acts listed in I adopted after the last updating  effected by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ N° L 230, 22. 8. 1983 p. 6;  Spanish text: DO Edicíon especial, 1985 (05.03 p. 53); Portuguese text: JO Edição Especial, 1985  (05.03 p. 53). The indications in brackets beside certain provisions correspond to the numbering given in I and  refer to the last amendment of Regulation (EEC) No 1408/71. This edition has no legal force. I AMENDING ACTS A. Acts concerning the accession of Spain and Portugal (OJ N° L 302, 15. 11.  1985, p. 23): 1. Council Regulation (EEC) No 1661/85 of 13 June 1985 amending Regulations (EEC) No 1408/71 and  (EEC) No 574/72 on the application of social security schemes to employed persons, to self-employed  persons and to members of their families moving within the Community (OJ N° L 160, 20. 6. 1985, p.  1; Spanish text: DO Edicíon especial, 1985 (05.V4) p. 142; Portuguese text: JO Edição Especial,  1985 (05.F4) p. 142). 2. Council Regulation (EEC) No 3811/86 of 11 December 1986 amending Regulations (EEC) No 1408/71  and (EEC) No 574/72 on the application of social security schemes to employed persons, to  self-employed persons and to members of their families moving within the Community (OJ N° L 355,  16. 12. 1986, p. 5). 3. Council Regulation (EEC) No 1305/89 of 11 May 1989 amending Regulations (EEC) No 1408/71 and  (EEC) No 574/72 on the application of social security schemes to employed persons, to self-employed  persons and to members of their families moving within the Community (OJ N° L 131, 13. 5. 1989, p.  1.). 4. Council Regulation (EEC) No 2332/89 of 18 July 1989 amending Regulations (EEC) No 1408/71 and  (EEC) No 574/72 on the application of social security schemes to employed persons, to self-employed  persons and to members of their families moving within the Community (OJ N° L 224, 2. 8. 1989, p.  1.). 5. Commission Regulation (EEC) No 3427/89 of 30 October 1989 amending Regulations (EEC) No 1408/71  and (EEC) No 574/72 on the application of social security schemes to employed persons, to  self-employed persons and to members of their families moving within the Community (OJ N° L 331,  16. 11. 1989, p. 1). 6. Council Regulation (EEC) No 2195 of 25 June 1991 amending Regulations (EEC) N° 1408/71 and (EEC)  No 574/72 on the application of social security schemes to employed persons, to self-employed  persons and to members of their families moving within the Community (OJ N° L 206, 29. 7. 1991, p.  2). 7. Council Regulation (EEC) No 1247/92 of 30 April 1992 amending Regulation (EEC) No 1408/71 on the  application of social security schemes to employed persons, to self-employed persons and to members  of their families moving within the Community (OJ N° L 136, 19. 5. 1992, p. 1.)8. Council  Regulation (EEC) No 1248/92 of 30 April 1992 amending Regulation (EEC) No 1408/71 on the  application of social security schemes to employed persons, to self-employed persons and to members  of their families moving within the Community and Regulation (EEC) No 574/72 laying down the  procedure for implementing Regulation (EEC) No 1408/71 (OJ N° L 136, 19. 5. 1992, p. 7.). 9. Council Regulation (EEC) No 1249/92 of 30 April 1992 amending Regulation (EEC) No 1408/71 on the  application of social security schemes to employed persons, to self-employed persons and to members  of their families moving within the Community and Regulation (EEC) No 574/72 laying down the  procedure for implementing Regulation (EEC) No 1408/71 (OJ N° L 136, 19. 5. 1992, p. 28). II Council 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 (5)  (6) (7) (8) TABLE OF CONTENTS PageTITLE I: GENERAL PROVISIONS (Articles 1 to 12) . 5TITLE II: DETERMINATION OF THE LEGISLATION APPLICABLE (Articles 13 to 17 (a)) 10TITLE III: SPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFITS . 13Chapter 1: Sickness and maternitySection 1: Common provisions (Article 18). 13Section 2: Employed or self-employed persons and members of their families (Articles 19 to 24) 13Section 3: Unemployed persons and members of their families (Article 25). 15Section 4: Pension claimants and members of their families (Article 26). 16Section 5: Pensioners and members of their families (Articles 27 to 34). 16Section 6: Miscellaneous provisions (Article 35). 18Section 7: Reimbursement between institutions (Article 36). 18Chapter 2: InvaliditySection 1: Employed or self-employed persons subject only to legislations under which the amount of invalidity  benefits is independent of the duration of periods of insurance (Articles 37 to 39). 18Section 2: Employed or self-employed persons subject either only to legislations under which the amount of  invalidity benefit depends on the duration of periods of insurance or residence or to legislations  of this type and of the type referred to in Section 1 (Article 40). 20Section 3: Aggravation of invalidity (Article 41). 20Section 4: Resumption of provision of benefits after suspension or withdrawal - Conversion of invalidity  benefits into old-age benefits - Recalculation of benefits granted under Article 39 (Articles 42  and 43). 21Chapter 3: Old age and death (pensions) (Articles 44 to 51) . 21Chapter 4: Accidents at work and occupational diseasesSection 1: Right to benefits (Articles 52 to 59). 26Section 2: Aggravation of an occupational disease for which the benefit has been awarded (Article 60). 28Section 3: Miscellaneous provisions (Articles 61 and 62). 29Section 4: Reimbursements between institutions (Article 63). 30Chapter 5: Death grants (Articles 64 to 66) . 30Chapter 6: Unemployment benefitsSection 1: Common provisions (Articles 67 and 68). 30Section 2: Unemployed persons going to a Member State other than the competent State (Articles 69 and 70). 31Section 3: Unemployed persons who, during their last employment, were residing in a Member State other than  the competent State (Article 71). 32Chapter 7: Family benefits (Articles 72 to 76) . 32Chapter 8: Benefits for dependent children of pensioners and for orphans (Articles 77 to 79) . 33TITLE IV: ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS (Articles 80 and 81) . 34TITLE V: ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS (Articles 82 and 83) . 35TITLE VI: MISCELLANEOUS PROVISIONS (Articles 84 to 93) . 36TITLE VII: TRANSITIONAL AND FINAL PROVISIONS (Articles 94 to 100) . 38ANNEXES Annex I: Persons covered by the Regulation. 41Annex II: Special schemes for self-employed persons excluded from the scope of the Regulation pursuant to the  fourth subparagraph of Article 1 (j) - Special childbirth allowances excluded from the scope of the  Regulation pursuant to Article 1 (u) - Special non-contributory benefits within the meaning of  Article 4 (2b) which do not fall within the scope of the Regulation. 44Annex IIa: Article 10a of the Regulation. 91Annex III: Provisions of social security conventions remaining applicable notwithstanding Article 6 of the  Regulation - Provisions of social security conventions which do not apply to all persons to whom  the Regulation applies. 50Annex IV: Legislations referred to in Article 37 (1) of the Regulation under which the amount of invalidity  benefits is independent of the length of periods of insurance - Special schemes for self-employed  persons within the meaning of Articles 38 (3) and 45 (3) of Regulation No 1408/71 - Cases referred  to in Article 46 (1) (b) of the Regulation where the calculation of benefit in accordance with  Article 46 (2) of the Regulation may be waived - Benefits and agreements referred to in Article 46b  (2) of the Regulation. 59Annex V: Concordance between the legislations of Member States on conditions relating to the degree of  invalidity. 63Annex VI: Special procedures for applying the legislations of certain Member States. 67Annex VII: Instances in which a person shall be simultaneously subject to the legislation of two Member  States. 82TITLE I GENERAL PROVISIONSArticle 1  (7)DefinitionsFor the purpose of this  Regulation: (a) 'employed person` and 'self-employed person` mean respectively: (i) any person who is insured, compulsorily or on an optional continued basis, for one or more of  the contingencies covered by the branches of a social security scheme for employed or self-employed  persons; (ii) any person who is compulsorily insured for one or more of the contingencies covered by the  branches of social security dealt with in this Regulation, under a social security scheme for all  residents or for the whole working population, if such person: - can be identified as an employed or self-employed person by virtue of the manner in which such  scheme is administered or financed, or, - failing such criteria, is insured for some other contingency specified in Annex I under a scheme  for employed or self-employed persons, or under a scheme referred to in (iii), either compulsorily  or on an optional continued basis, or, where no such scheme exists in the Member State concerned,  complies with the definition given in Annex I; (iii) any person who is compulsorily insured for several of the contingencies covered by the  branches dealt with in this Regulation, under a standard social security scheme for the whole rural  population in accordance with the criteria laid down in Annex I; (iv) any person who is voluntarily insured for one or more of the contingencies covered by the  branches dealt with in this Regulation, under a social security scheme of a Member State for  employed or self-employed persons or for all residents or for certain categories of residents: - if such person carries out an acitivity as an employed or self-employed person, or- if such  person has previously been compulsorily insured for the same contingency under a scheme for  employed or self-employed persons of the same Member State; (b) 'frontier worker` means any employed or self-employed person who pursues his occupation in the  territory of a Member State and resides in the territory of another Member State to which he  returns as a rule daily or at least once a week; however, a frontier worker who is posed elsewhere  in the territory of the same or another Member State by the undertaking to which he is normally  attached, or who engages in the provision of services elsewhere in the territory of the same or  another Member State, shall retain the status of frontier worker for a period not exceeding four  months, even if he is prevented, during that period, from returning daily or at least once a week  to the place where he resides; (c) 'seasonal worker' means any employed person who goes to the territory of a Member State other  than the one in which he is resident to do work there of a seasonal nature for an undertaking or an  employer of that State for a period which may on no acount exceed eight month, and who stays in the  territory of the said State for the duration of this work; work of a seasonal nature shall be taken  to mean work which, being dependent on the succession of the season, automatically recurs each  year; (d) 'refugee` shall have the meaning assigned to it in Article 1 of the Convention of the Status of  Refugees, signed at Geneva on 28 July 1951; (e) 'stateless person' shall have the meaning assigned to it in Article 1 of the Convention on the  Status of Stateless Persons, signed in New York on 28 September 1954; (f) (i) 'member of the family` means any person defined or recognized as a member of the family or  designated as a member of the household by the legislation under which benefits are provided or, in  the cases referred to in Articles 22 (1) (a) and 31, by the legislation of the Member State in  whose territory such person resides; where, however, the said legislations regard as a member of  the family or a member of the household only a person living under the same roof as the employed or  self-employed person, this condition shall be considered satisfied if the person in question is  mainly dependent on that person. Where the legislation of a Member State on sickness or maternity  benefits in kind does not enable members of the family to be distinguished from the other persons  to whom it applies, the term 'member of the family` shall have the meaning given to it in Annex 1; (ii) where, however, the benefits concerned are benefits for disabled persons granted under the  legislation of a Member State to all nationals of that State who fulfil the prescribed conditions,  the term 'member of the family` means at least the spouse of an employed or self-employed person  and the children of such person who are either minors or dependent upon such person; (g) 'survivor` means any person defined or recognized as such by the legislation under which the  benefits are granted; where, however, the said legislation regards as a survivor only a person who  was living under the same roof as the deceased, this condition shall be considered satisfied if  such person was mainly dependent on the deceased; (h) 'residence` means habitual residence; (i) 'stay` means temporary residence; (j) 'legislation` means in respect of each Member State statutes, regulations and other provisions  and all other implementing measures, present or future, relating to the branches and schemes of  social security covered by Article 4 (1) and (2) or those special non-contributory benefits covered  by Article 4 (2a). The term excludes provisions of existing or future industrial agreements, whether or not they have  been the subject of a decision by the authorities rendering them compulsory or extending their  scope. However, in so far as such provisions(i) serve to put into effect compulsory insurance  imposed by the laws and regulations referred to in the preceding subparagraph; or(ii) set up a  scheme administered by the same institution as that which administers the schemes set up by the  laws and regulations referred to in the preceding subparagraph. The limitation on the term may at any time be lifted by a declaration of the Member State concerned  specifying the schemes of such a kind to which this Regulation applies. Such a declaration shall be  notified and published in accordance with the provisions of Article 97. The provisions of the preceding subparagraph shall not have effect of exempting from the  application of this Regulation the schemes to which Regulation No 3 applied. The term 'legislation` also excludes provisions governing special schemes for self-employed persons  the creation of which is left to the initiatives of those concerned or which apply only to a part  of the territory of the Member State concerned, irrespective of whether or not the authorities  decided to make them compulsory or extend their scope. The special schemes in question are  specified in Annex II; (k) 'social security convention` means any bilateral or multilateral instrument which binds or will  bind two or more Member States exclusively, and any other multilateral instrument which binds or  will bind at least two Member States and one or more other States in the field of social security,  for all or part of the branches and schemes set out in Article 4 (1) and (2), together with  agreements, of whatever kind, concluded pursuant to the said instruments; (l) 'competent authority` means, in respect of each Member State, the Minister, Ministers or other  equivalent authority responsible for social security schemes throughout or in any part of the  territory of the State in question; (m) 'Administrative Commission` means the commission referred to in Article 80; (n) 'institution` means, in respect of each Member State the body or authority responsible for  administering all or part of the legislation; (o) 'competent institution` means: (i) the institution with which the person concerned is insured at the time of the application for  benefit; or(ii) the institution from which the person concerned is entitled or would be entitled to  benefits if he or a member or members of this family were resident in the territory of the Member  State in which the institution is situated; or(iii) the institution designated by the competent  authority of the Member State concerned; or(iv) in the case of a scheme relating to an employer's  liability in respect of the benefits set out in Article 4 (1), either the employer or the insurer  involved or, in default thereof, a body or authority designated by the competent authority of the  Member State concerned; (p) 'institution of the place of residence` and 'institution of the place of stay` mean  respectively the institution which is competent to provide benefits in the place where the person  concerned resides and the institution which is competent to provide benefits in the place where the  person concerned resides and the institution which is competent to provide benefits in the place  where the person concerned is staying, under the legislation administered by that institution or,  where no such institution exists, the institution designated by the competent authority of the  Member State in question; (q) 'competent State` means the Member State in whose territory the competent institution is  situated; (r) 'periods of insurance` means periods of contribution or period of employment or self-employment  as defined or recognized as periods of insurance by the legislation under which they were completed  or considered as completed, and all periods treated as such, where they are regarded by the said  legislation as equivalent to periods of insurance; (s) 'periods of employment` and 'periods of self-employment` mean periods so defined or recognized  by the legislation under which they were completed, and all periods treated as such, where they are  regarded by the said legislation as equivalent to periods of employment or of self-employment; (sa) 'periods of residence` means periods as defined or recognized as such by the legislation under  which they were completed or considered as completed; (t) 'benefits` and 'pensions` mean all benefits and pensions, including all elements thereof  payable out of public funds, revalorization increases and supplementary allowances, subject to the  provisions of Title III, as also lump-sum benefits which may be paid in lieu of pensions, and  payments made by way of reimbursement of contributions; (u) (i) 'family benefits` means all benefits in kind or in cash intended to meet family expenses  under the legislation provided for in Article 4 (1) (h), excluding the special childbirth  allowances mentioned in Annex II; (ii) 'family allowances` means periodical cash benefits granted exclusively by reference to the  number and, where appropriate, the age of members of the family; (v) 'death grants` means any once-for-all payment in the event of death exclusive of the lump-sum  benefits referred to in subparagraph (t). Article 2Persons covered1. This Regulation shall apply to employed or self-employed persons 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. In addition, this Regulation shall apply to the survivors of employed or self-employed persons  who have been subject to the legislation of one or more Member States, irrespective of the  nationality of such employed or self-employed persons, where their survivors are nationals of one  of the Member States, or stateless persons or refugees residing within the territory of one of the  Member States. 3. This Regulation shall apply to civil servants and to persons who, in accordance with the  legislation applicable, are treated as such, where they are or have been subject to the legislation  of a Member State to which this Regulation applies. Article 3Equality of treatment1. Subject to the special provisions of this Regulation, persons  resident in the territory of one of the Member States to whom this Regulation applies shall be  subject to the same obligations and enjoy the same benefits under the legislation of any Member  State as the nationals of that State. 2. The provisions of paragraph 1 shall apply to the right to elect members of the organs of social  security institutions or to participate in their nomination, but shall not affect the legislative  provisions of any Member State relating to eligibility or methods of nomination of persons  concerned to those organs. 3. Save as provided in Annex III, the provisions of social security conventions which remain in  force pursuant to Article 7 (2) (c) and the provisions of conventions concluded pursuant to Article  8 (1), shall apply to all persons to whom this Regulation applies. Article 4  (7)Matters covered1. This Regulation shall apply to all legislation concerning the  following branches of social security: (a) sickness and maternity benefits; (b) invalidity benefits, including those intended for the maintenance or improvement of earning  capacity; (c) old-age benefits; (d) survivor's benefits; (e) benefits in respect of accidents at work and occupational diseases; (f) death grants; (g) unemployment benefits; (h) family benefits. 2. This Regulation shall apply to all general and special social security schemes, whether  contributory or non-contributory, and to schemes concerning the liability of an employer or  shipowner in respect of the benefits referred to in paragraph 1. 2a. This Regulation shall also apply to special non-contributory benefits which are provided under  legislation or schemes other than those referred to in paragraph 1 or excluded by virtue of  paragraph 4, where such benefits are intended: (a) either to provide supplementary, substitute or ancillary cover against the risks covered by the  branches of social security referred to in paragraph 1(a) to (h), or(b) solely as specific protection for the disabled. 2b. This Regulation shall not apply to the provisions in the legislation of a Member State  concerning special non-contributory benefits, referred to in Annex II, Section III, the validity of  which is confined to part of its territory. 3. The provisions of Title III of this Regulation shall not, however, affect the legislative  provisions of any Member State concerning a shipowner's liability. 4. This Regulation shall not apply to social and medical assistance, to benefit schemes for victims  of war or its consequences, or to special schemes for civil servants and persons treated as such. Article 5  (7)Declarations by the Member States on the scope of this RegulationThe Member  States shall specify the legislation and schemes referred to in Article 4 (1) and (2), the special  non-contributory benefits referred to in Article 4 (2a), the minimum benefits referred to in  Article 50 and the benefits referred to in Articles 77 and 78 in declarations to be notified and  published in accordance with Article 97. Article 6Social security conventions replaced by this RegulationSubject to the provisions of  Articles 7, 8 and 46 (4), this Regulation shall, as regards persons and matters which it covers,  replace the provisions of any social security convention binding either: (a) two or more Member States exclusively; or(b) at least two Member States and one or more other States, where settlement of the cases  concerned does not involve any institution of one of the latter States. Article 7  (4)International provisions not affected by this Regulation1. This Regulation shall  not affect obligations arising from: (a) any convention adopted by the International Labour Conference which, after ratification by one  or more Member States, has entered into force;(b) the European Interim Agreements on Social Security of 11 December 1953 concluded between the  Member States of the Council of Europe. 2. The provisions of Article 6 notwithstanding, the following shall continue to apply: (a) the provisions of the Agreements of 27 July 1950 and 30 November 1979 concerning social  security for Rhine boatmen; (b) the provisions of the European Convention of 9 July 1956 concerning social security for workers  in international transport; (c) the provisions of the social security conventions listed in Annex III. Article 8Conclusion of conventions between Member States1. Two or more Member States may, as  need arises, conclude conventions with each other based on the principles and in the spirit of this  Regulation. 2. Each Member State shall notify, in accordance with the provisions of Article 97 (1), any  convention concluded with another Member State under the provisions of paragraph 1. Article 9Admission to voluntary or optional continued insurance1. The provisions of the  legislation of any Member State which make admission to voluntary or optional continued insurance  conditional upon residence in the territory of that State shall not apply to persons resident in  the territory of another Member State, provided that at some time in their past working life they  were subject to the legislation of the first State as employed or as self-employed persons. 2. Where, under the legislation of a Member State, admission to voluntary or optional continued  insurance is conditional upon completion of periods of insurance, the periods of insurance or  residence completed under the legislation of another Member State shall be taken into account, to  the extent required, as if they were completed under the legislation of the first State. Article 9a  (4)Prolongation of the reference periodWhere, under the legislation of a Member  State recognition of entitlement to a benefit is conditional upon completion of a minimum period of  insurance during a specific period preceding the contingency insured against (reference period) and  where the aforementioned legislation provides that the periods during which the benefits have been  granted under the legislation of that Member State or periods devoted to the upbringing of children  in the territory of that Member State shall give rise to prolongation of the reference period,  periods during which invalidity pensions or old-age pensions or sickness benefits, unemployment  benefits or benefits for accidents at work (except for pensions) have been awarded under the  legislation of another Member State and periods devoted to the upbringing of children in the  territory of another Member State shall likewise give rise to prolongation of the aforesaid  reference period. Article 10Waiving of residence clauses - Effect of compulsory insurance on reimbursement of  contributions1. Save as otherwise provided in this Regulation invalidity, old-age or survivors'  cash benefits, pensions for accidents at work or occupational diseases and death grants acquired  under the legislation of one or more Member States shall not be subject to any reduction,  modification, suspension, withdrawal or confiscation by reason of the fact that the recipient  resides in the territory of a Member State other than that in which the institution responsible for  payment is situated. The preceding subparagraph shall also apply to lump-sum benefits granted in cases of remarriage of  a surviving spouse who was entitled to a survivor's pension. 2. Where under the legislation of a Member State reimbursement of contributions is conditional upon  the person concerned having ceased to be subject to compulsory insurance, this condition shall not  be considered satisfied as long as the person concerned is subject to compulsory insurance as an  employed or self-employed person under the legislation of another Member State. Article 10a  (7)Special non-contributory benefits1. Nothwithstanding the provisions of Article  10 and Title III, persons to whom this Regulation applies shall be granted the special contributory  cash benefits referred to in Article 4 (2a) exclusively in the territory of the Member State in  which they reside, in accordance with the legislation of that State, provided that such benefits  are listed in Annex IIa. Such benefits shall be granted by and at the expense of the institution of  the place of residence. 2. The institution of a Member State under whose legislation entitlement to benefits covered by  paragraph 1 is subject to the completion of periods of employment, self-employment or residence  shall regard, to the extend necessary, periods of employment, self-employment or residence  completed in the territory of any other Member State as periods completed in the territory of the  first Member State. 3. Where entitlement to a benefit covered by paragraph 1 but granted in the form of a supplement is  subject, under the legislation of a Member State, to receipt of a benefit covered by Article 4 (1)  (a) to (h), and no such benefit is due under that legislation, any corresponding benefit granted  under the legislation of any other Member State shall be treated as a benefit granted under the  legislation of the first Member State for the purposes of entitlement to the supplement. 4. Where the granting of a disability or invalidity benefit covered by paragraph 1 is subject,  under the legislation of a Member State to the condition that the disability or invalidity should  be diagnosed for the first time in the territory of that Member State, this condition shall be  deemed to be fulfilled where such diagnosis is made for the first time in the territory of another  Member State. Article 11Revalorization of benefitsRules for revalorization provided by the legislation of a  Member State shall apply to benefits due under that legislation taking into account the provisions  of this Regulation. Article 12  (6) (8)Prevention of overlapping of benefits1. This Regulation can neither confer  nor maintain the right to several benefits of the same kind for one and the same period of  compulsory insurance. However, this provision shall not apply to benefits in respect of invalidity,  old age, death (pensions) or occupational disease which are awarded by the institutions of two or  more Member States, in accordance with the provisions of Article 41, 43 (2) and (3), 46, 50 and 51  or Article 60 (1) (b). 2. Save as otherwise provided in this Regulation, the provisions of the legislations of a Member  State governing the reduction, suspension or withdrawal of benefits in cases of overlapping with  other social security benefits or any other form of income may be invoked even where such benefits  were acquired under the legislation of another Member State or where such income was acquired in  the territory of another Member State. 3. The provisions of the legislation of a Member State for reduction, suspension or withdrawal of  benefit in the case of a person in receipt of invalidity benefits or anticipatory old-age benefits  pursuing a professional or trade activity may be invoked against such person even though he is  pursuing his activity in the territory of another Member State. 4. An invalidity pension payable under Netherlands legislation shall, in a case where the  Netherlands institution is bound under the provisions of Article 57 (5) or 60 (2) (b) to contribute  also to the cost of benefits for occupational disease granted under the legislation of another  Member State be reduced by the amount payable to the institution of the other Member State which is  responsible for granting the benefits for occupational disease. TITLE II DETERMINATION OF THE LEGISLATION APPLICABLEArticle 13  (6)General  rules1. Subject to Article 4 (c), persons to whom this Regulation applies shall be subject to the  legislation of a single Member State only. That legislation shall be determined in accordance with  the provisions of this Title. 2. Subject to Articles 14 to 17: (a) a person employed in the territory of one Member State shall be subject to the legislation of  that State even if he resides in the territory of another Member State or if the registered office  or place of business of the undertaking or individual employing him is situated in the territory of  another Member State; (b) a person who is self-employed in the territory of one Member State shall be subjected to the  legislation of that State even if he resides in the territory of another Member State; (c) a person employed on board a vessel flying the flag of a Member State shall be subject to the  legislation of that State; (d) civil servants and persons treated as such shall be subject to the legislation of the Member  State to which the administration employing them is subject; (e) a person called up or recalled for service in the armed forces, or for civilian service, of a  Member State shall be subject to the legislation of that State. If entitlement under that  legislation is subject to the completion of periods of insurance before entry into or after release  from such military or civilian service, periods of insurance completed under the legislation of any  other Member State shall be taken into account, to the extent necessary, as if they were periods of  insurance completed under the legislation of the first State. The employed or self-employed person  called up or recalled for service in the armed forces or for civilian service shall retain the  status of employed or self-employed person; (f) a person to whom the legislation of a Member State ceases to be applicable, without the  legislation of another Member State becoming applicable to him in accordance with one of the rules  laid down in the aforegoing subparagraphs or in accordance with one of the exceptions or special  provisions laid down in Articles 14 to 17 shall be subject to the legislation of the Member State  in whose territory he resides in accordance with the provisions of that legislation alone. Article 14Special rules applicable to persons, other than mariners, engaged in paid  employmentArticle 13 (2) (a) shall apply subject to the following exceptions and circumstances: 1. (a) A person employed in the territory of a Member State by an undertaking to which he is  normally attached who is posted by that undertaking to the territory of another Member State to  perform work there for that undertaking shall continue to be subject to the legislation of the  first Member State, provided that the anticipated duration of that work does not exceed 12 months  and that he is not sent to replace another person who has completed his term of posting. (b) If the duration of the work to be done extends beyond the duration originally anticipated,  owing to unforeseeable circumstances, and exceeds 12 months, the legislation of the first Member  State shall continue to apply until the completion of such work, provided that the competent  authority of the Member State in whose territory the person concerned is posted or the body  designated by that authority gives its consent; such consent must be requested before the end of  the initial 12-month period. Such consent cannot, however, be given for a period exceeding 12  months. 2. A person normally employed in the territory of two or more Member States shall be subject to the  legislation determined as follows: (a) A person who is a member of the travelling or flying personnel of an undertaking which, for  hire or reward or on its own account, operates international transport services for passengers or  goods by rail, road, air or inland waterway and has its registered office or place of business in  the territory of a Member State shall be subject to the legislation of the latter State, with the  following restrictions: (i) where the said undertaking has a branch or permanent representation in the territory of a  Member State other than that in which it has its registered office or place of business, a person  employed by such branch or permanent representation shall be subject to the legislation of the  Member State in whose territory such branch or permanent representation is situated; (ii) where a person is employed principally in the territory of the Member State in which he  resides, he shall be subject to the legislation of that State, even if the undertaking which  employs him has no registered office or place of business or branch or permanent representation in  that territory. (b) A person other than that referred to in (a) shall be subject: (i) to the legislation of the Member State in whose territory he resides, if he pursues his  activity partly in that territory or if he is attached to several undertakings or several employers  who have their registered offices or places of business in the territory of different Member  States; (ii) to the legislation of the Member State in whose territory is situated the registered office or  place of business of the undertaking or individual employing him, if he does not reside in the  territory of any of the Member States where he is pursuing his activity. 3. A person who is employed in the territory of one Member State by an undertaking which has its  registered office or place of business in the territory of another Member State and which straddles  the common frontier of these States shall be subject to the legislation of the Member State in  whose territory the undertaking has its registered office or place of business. Article 14aSpecial rules applicable to persons, other than mariners, who are  self-employedArticle 13 (2) (b) shall apply subject to the following exceptions and  circumstances: 1. (a) A person normally self-employed in the territory of a Member State and who performs work in  the territory of another Member State shall continue to be subject to the legislation of the first  Member State, provided that the anticipated duration of the work does not exceed 12 months. (b) If the duration of the work to be done extends beyond the duration originally anticipated,  owing to unforeseeable circumstances, and exceeds 12 months, the legislation of the first Member  State shall continue to apply until the completion of such work, provided that the competent  authority of the Member State in whose territory the person concerned has entered to perform the  work in question or the body appointed by that authority gives its consent; such consent must be  requested before the end of the initial 12-month period. Such consent cannot, however, be given for  a period exceeding 12 months. 2. A person normally self-employed in the territory of two or more Member States shall be subject  to the legislation of the Member State in whose territory he resides if he pursues any part of his  activity in the territory of that Member State. If he does not pursue any activity in the territory  of the Member State in which he resides, he shall be subject to the legislation of the Member State  in whose territory he pursues his main activity. The criteria used to determine the principal  activity are laid down in the Regulation referred to in Article 98. 3. A person who is self-employed in an undertaking which has its registered office or place of  business in the territory of one Member State and which straddles the common frontier of two Member  States shall be subject to the legislation of the Member State in whose territory the undertaking  has its registered office or place of business. 4. If the legislation to which a person should be subject in accordance with paragraphs 2 or 3 does  not enable that person, even on a voluntary basis, to join a pension scheme, the person concerned  shall be subject to the legislation of the other Member State which would apply apart from these  particular provisions, or should the legislations of two or more Member States apply in this way,  he shall be subject to the legislation decided on by common agreement amongst the Member States  concerned or their competent authorities. Article 14bSpecial rules applicable to marinersArticle 13 (2) (c) shall apply subject to the  following exceptions and circumstances: 1. A person employed by an undertaking to which he is normally attached, either in the territory of  a Member State or on board a vessel flying the flag of a Member State who is posted by that  undertaking on board a vessel flying the flag of another Member State to perform work there for  that undertaking shall, subject to the conditions provided in Article 14 (1), continue to be  subject to the legislation of the first Member State. 2. A person normally self-employed, either in the territory of a Member State or on board a vessel  flying the flag of a Member State and who performs work on his own account on board a vessel flying  the flag of another Member State shall, subject to the conditions provided in Article 14a (1),  continue to be subject to the legislation of the first Member State. 3. A person who, while not being normally employed at sea, performs work in the territorial waters  or in a port of a Member State on a vessel flying the flag of another Member State within those  territorial waters or in that port, but is not a member of the crew of the vessel, shall be subject  to the legislation of the first Member State. 4. A person employed on board a vessel flying the flag of a Member State and remunerated for such  employment by an undertaking or a person whose registered office or place of business is in the  territory of another Member State shall be subject to the legislation of the latter State if he is  resident in the territory of that State; the undertaking or person paying the remuneration shall be  considered as the employer for the purposes of the said legislation. Article 14c  (2)Special rules applicable to persons who are simultaneously employed in the  territory of one Member State and self-employed in the territory of another Member StateA person  who is simultaneously employed in the territory of one Member State and self-employed in the  territory of another Member State shall be subject: (a) save as otherwise provided in subparagraph (b) to the legislation of the Member State in the  territory of which he is engaged in paid employment or, where he pursues such an activity in the  territory of two or more Member States, to the legislation determined in accordance with Article 14  (2) or (3); (b) in the cases mentioned in Annex VII: - to the legislation of the Member State in the territory of which he is engaged in paid  employment, that legislation having been determined in accordance with the provisions of Article 14  (2) or (3), where he pursues such an activity in the territory of two or more Member States, and- to the legislation of the Member State in the territory of which he is self-employed, that  legislation having been determined in accordance with Article 14a (2), (3) or (4), where he pursues  such an activity in the territory of two or more Member States. Article 14d  (2)Miscellaneous provisions1. The person referred to in Article 14 (2) and (3),  14a (2), (3) and (4) and 14c (a) sahll be treated, for the purposes of application of the  legislation laid down in accordance with these provisions, as if he pursued all his professional  activity or activities in the territory of the Member State concerned. 2. The person referred to in Article 14c (b) shall be treated, for the purposes of determining the  rates of contributions to be charged to self-employed workers under the legislation of the Member  State in whose territory he is self-employed, as if he pursued his paid employment in the territory  of the Member State concerned. 3. The provisions of the legislation of a Member State under which a pensioner who is pursuing a  professional or trade activity is not subject to compulsory insurance in respect of such activity  shall also apply to a pensioner whose pension was acquired under the legislation of another Member  State, unless the person concerned expressly asks to be so subject by applying to the institution  designated by the competent authority of the first Member State and named in Annex 10 to the  Regulation referred to in Article 98. Article 15Rules concerning voluntary insurance or optional continued insurance1. Articles 13 to  14d shall not apply to voluntary insurance or to optional insurance unless, in respect of one of  the branches referred to in Article 4, there exists in any Member State only a voluntary scheme of  insurance. 2. Where application of the legislations of two or more Member States entails overlapping of  insurance: - under a compulsory insurance scheme and one or more voluntary or optional continued insurance  schemes, the person concerned shall be subject exclusively to the compulsory insurance scheme, - under two or more voluntary or optional continued insurance schemes, the person concerned may  join only the voluntary or optional continued insurance scheme for which he has opted. 3. However, in respect of invalidity, old age and death (pensions), the person concerned may join  the voluntary or optional continued insurance scheme of a Member State, even if he is compulsorily  subject to the legislation of another Member State, to the extent that such overlapping is  explicitly or implicitly admitted in the first Member State. Article 16Special rules regarding persons employed by diplomatic missions and consular posts,  and auxiliary staff of the European Communities1. The provisions of Article 13 (2) (a) shall apply  to persons employed by diplomatic missions and consular posts and to the private domestic staff of  agents of such missions or posts. 2. However, employed persons covered by paragraph 1 who are nationals of the Member State which is  the accrediting or sending State may opt to be subject to the legislation of that State. Such right  of option may be renewed at the end of each calendar year and shall not have retrospective effect. 3. Auxiliary staff of the European Communities may opt to be subject to the legislation of the  Member State in whose territory they are employed, to the legislation of the Member State to which  they were last subject or to the legislation of the Member State whose nationals they are, in  respect of provisions other than those relating to family allowances, the granting of which is  governed by the conditions of employment applicable to such staff. This right of option, which may  be exercised once only, shall take effect from the date of entry into employment. Article 17  (6)Exceptions to Articles 13 to 16Two or more Member States, the competent  authorities of these States or the bodies designated by these authorities may by common agreement  provide for exceptions to the provisions of Articles 13 to 16 in the interest of certain categories  of persons or of certain persons. Article 17a  (6)Special rules concerning recipients of pensions due under the legislation of one  or more Member StateThe recipient of a pension due under the legislation of a Member State or of  pensions due under the legislation of several Member States who resides in the territory of another  Member State may at his request be exempted from the legislation of the latter State provided that  he is not subject to that legislation because of the pursuit of an occupation. TITLE III SPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF  BENEFITSCHAPTER I SICKNESS AND MATERNITYSection 1 Common provisionsArticle 18Aggregation  of periods of insurance, employment or residence1. The competent institution of a Member State  whose legislation makes the aquisition, retention or recovery of the right to benefits conditional  upon the completion of periods of insurance, employment or residence shall, to the extent  necessary, take account of periods of insurance, employment or residence completed under the  legislation of any other Member State as if they were periods completed under the legislation which  it administers. 2. The provisions of paragraph 1 shall apply to seasonal workers, even in respect of periods prior  to any break in insurance exceeding the period allowed by the legislation of the competent State,  provided, however, that the person concerned has not ceased to be insured for a period exceeding  four months. Section 2 Employed or self-employed persons and members of their familiesArticle 19Residence  in a Member State other than the competent State - General rules1. An employed or self-employed  person residing in the territory of a Member State other than the competent State, who satisfies  the conditions of the legislation of the competent State for entitlement to benefits, taking  account where appropriate of the provisions of Article 18, shall receive in the State in which he  is resident: (a) benefits in kind provided on behalf of the competent institution by the institution of the  place of residence in accordance with the provisions of the legislation administered by that  institution as though he were insured with it; (b) cash benefits provided by the competent institution in accordance with the legislation which it  administers. However, by agreement between the competent institution and the institution of the  place of residence, such benefits may be provided by the latter institution on behalf of the  former, in accordance with the legislation of the competent State. 2. The provisions of paragraph 1 shall apply by analogy to members of the family who reside in the  territory of a Member State other than the competent State in so far as they are not entitled to  such benefits under the legislation of the State in whose territory they reside. Where the members of the family reside in the territory of a Member State under whose legislation  the right to receive benefits in kind is not subject to condition of insurance or employment,  benefits in kind which they receive shall be considered as being on behalf of the institution with  which the employed or self-employed person is insured, unless the spouse or the person looking  after the children pursues a professional or trade activity in the territory of the said Member  State. Article 20Frontier workers and members of their families - Special rulesA frontier worker may  also obtain benefits in the territory of the competent State. Such benefits shall be provided by  the competent institution in accordance with the provisions of the legislation of that State, as  though the person concerned were resident in that State. Members of his family may receive benefits  under the same conditions; however, receipt of such benefits shall, except in urgent cases, be  conditional upon an agreement between the States concerned or between the competent authorities of  those States or, in its absence, on prior authorization by the competent institution. Article 21Stay in or transfer of residence to the competent State1. The employed or  self-employed person referred to in Article 19 (1) who is staying in the territory of the competent  State shall receive benefits in accordance with the provisions of the legislation of that State as  though he were resident there, even if he has already received benefits for the same case of  sickness or maternity before his stay. 2. Paragraph 1 shall apply by analogy to the members of the family referred to in Article 19 (2). However, where the latter reside in the territory of a Member State other than the one in whose  territory the employed or self-employed person resides, benefits in kind shall be provided by the  institution of the place of stay on behalf of the institution of the place of residence of the  persons concerned. 3. Paragraphs 1 and 2 shall not apply to frontier workers and the members of their families. 4. An employed or self-employed person and members of his family referred to in Article 19 who  transfer their residence to the territory of the competent State shall receive benefits in  accordance with the provisions of the legislation of that State even if they have already received  benefits for the same case of sickness or maternity before transferring their residence. Article 22Stay outside the competent State - Return to or transfer of residence to another  Member State during sickness or maternity - Need to go to another Member State in order to receive  appropriate treatment1. An employed or self-employed person who satisfies the conditions of the  legislation of the competent State for entitlement to benefits, taking account where appropriate of  the provisions of Article 18, and: (a) whose condition necessitates immediate benefits during a stay in the territory of another  Member State; or(b) who, having become entitled to benefits chargeable to the competent institution, is  authorized by that institution to return to the territory of the Member State where he resides, or  to transfer his residence to the territory of another Member State; or(c) who is authorized by the competent institution to go to the territory of another Member  State to receive there the treatment appropriate to his condition, shall be entitled: (i) to benefits in kind provided on behalf of the competent institution by the institution of the  place of stay or residence in accordance with the provisions of the legislation which it  administers, as though he were insured with it; the length of the period during which benefits are  provided shall be governed, however, by the legislation of the competent State; (ii) to cash benefits provided by the competent institution in accordance with the provisions of  the legislation which it administers. However, by agreement between the competent institution and  the institution of the place of stay or residence, such benefits may be provided by the latter  institution on behalf of the former, in accordance with the provisions of the legislation of the  competent State. 2. The authorization required under paragraph 1 (b) may be refused only if it is established that  movement of the person concerned would be prejudicial to his state of health or the receipt of  medical treatment. The authorization required under paragraph 1 (c) may not be refused where the treatment in question  is among the benefits provided for by the legislation of the Member State on whose territory the  person concerned resides and where he cannot be given such treatment within the time normally  necessary for obtaining the treatment in question in the Member State of residence taking account  of his current state of health and the probable course of the disease. 3. The provisions of paragraph 1 and 2 shall apply by analogy to members of the family of an  employed or self-employed person. However, for the purpose of applying paragraph 1 (a) and (c) (i) to the members of the family  referred to in Article 19 (2) who reside in the territory of a Member State other than the one in  whose territory the employed or self-employed person resides: (a) benefits in kind shall be provided on behalf of the institution of the Member State in whose  territory the members of the family are residing by the institution of the place of stay in  accordance with the provisions of the legislation which it administers as if the employed or  self-employed person were insured there. The period during which benefits are provided shall,  however, be that laid down under the legislation of the Member State in whose territory the members  of the family are residing; (b) the authorization required under paragraph 1 (c) shall be issued by the institution of the  Member State in whose territory the members of the family are residing. 4. The fact that the provisions of paragraph 1 apply to an employed or self-employed person shall  not affect the right to benefit of members of his family. Article 23Calculation of cash benefits1. The competent institution of a Member State whose  legislation provides that the calculation of cash benefits shall be based on average earnings or on  average contributions, shall determine such average earnings or contributions exclusively by  reference to earnings or contributions completed under the said legislation. 2. The competent institution of a Member State whose legislation provides that the calculation of  cash benefits shall be based on standard earnings, shall take account exclusively of the standard  earnings or, where appropriate, of the average of standard earnings for the periods completed under  the said legislation. 3. The competent institution of a Member State under whose legislation the amount of cash benefits  varies with the number of members of the family, shall also take into account the members of the  family of the person concerned who are resident in the territory of another Member State as if they  were resident in the territory of the competent State. Article 24Substantial benefits in kind1. Where the right of an employed or self-employed person  or a member of his family to a prosthesis, a major appliance or other substantial benefits in kind  has been recognized by the institution of a Member State before he becomes insured with the  institution of another Member State, the said employed or self-employed person shall receive such  benefits at the expense of the first institution, even if they are granted after he becomes insured  with the second institution. 2. The Administrative Commission shall draw up the list of benefits to which the provisions of  paragraph 1 apply. Section 3 Unemployed persons and members of their familiesArticle 251. An unemployed person  who was formerly employed or self-employed, to whom the provisions of Article 69 (1) or the second  sentence of Article 71 (1) (b) (ii) apply, and who satisfies the conditions of the legislation of  the competent State for entitlement to benefits in kind and in cash, taking account where  appropriate of the provisions of Article 18, shall reveive for the period provided under Article 69  (1) (c): (a) benefits in kind provided on behalf of the competent institution by the institution of the  Member State in which he seeks employment in accordance with the provisions of the legislation  which the latter institution administers, as though he were insured with it; (b) cash benefits provided by the competent institution in accordance with the provisions of the  legislation which it administers. However, by agreement between the competent institution and the  institution of the Member State in which the unemployed person seeks employment, benefits may be  provided by the latter institution on behalf of the former institution in accordance with the  provisions of the legislation of the competent State. Unemployment benefits under Article 69 (1)  shall not be granted for the period during which cash benefits are received.2. A totally unemployed person who was formerly employed and to whom the provisions of Article 71  (1) (a) (ii) or the first sentence of Article 71 (1) (b) (ii) apply, shall receive benefits in kind  and in cash in accordance with the provisions of the legislation of the Member State in whose  territory he resides, as though he had been subject to that legislation during his last employment,  taking account where appropriate of the provisions of Article 18; the cost of such benefits shall  be met by the institution of the country of residence. 3. Where an unemployed person satisfies the conditions of the legislation of the Member State which  is responsible for the cost of unemployment benefits for entitlement to sickness and maternity  benefits, taking account where appropriate of the provisions of Article 18, the members of his  family shall receive these benefits, irrespective of the Member State in whose territory they  reside or are staying. Such benefits shall be provided: (i) with regard to the benefits in kind, by the institution of the place of residence or stay in  accordance with the provisions of the legislation which it administers, on behalf of the competent  institution of the Member State which is responsible for the cost of unemployment benefits; (ii) with regard to cash benefits, by the competent institution of the Member State which is  responsible for the cost of unemployment benefits, in accordance with the legislation which it  administers. 4. Without prejudice to any provisions of the legislation of a Member State which permit an  extension of the period during which sickness benefits may be granted, the period provided for in  paragraph 1 may, in cases of force majeure, be extended by the competent institution within the  limit fixed by the legislation administered by that institution. Section 4 Pension claimants and members of their familiesArticle 26Right to benefits in kind  in cases of cessation of the right to benefits from the institution which was last competent1. An  employed or self-employed person, members of his family or his survivors who, during the  investigation of a claim for pension, cease to be entitled to benefits in kind under the  legislation of the Member State last competent, shall nevertheless receive such benefits under the  following conditions: benefits in kind shall be provided in accordance with the provisions of the  legislation of the Member State in whose territory the person or persons concerned reside, provided  that they are entitled to such benefits under that legislation or would be entitled to them under  the legislation of another Member State if they were residing in the territory of that State,  taking account where appropriate of the provisions of Article 18. 2. A pension claimant who is entitled to benefits in kind under the legislation of a Member State  which obliges the person concerned to pay sickness insurance contributions himself during the  investigation of his pension claim shall cease to be entitled to benefits in kind at the end of the  second month for which he has not paid the contributions due. 3. Benefits in kind provided in accordance with the provisions of paragraph 1 shall be chargeable  to the institution which has collected contributions in accordance with the provisions of paragraph  2; where no contributions are payable under the provisions of paragraph 2, the institution  responsible for the cost of the benefits in kind after awarding the pension in accordance with the  provisions of Article 28 shall refund the amount of the benefits provided to the institution of the  place of residence. Section 5 Pensioners and members of their familiesArticle27Pensions payable under the  legislation of several States where there is a right to benefits in the country of residenceA  pensioner who is entitled to draw pensions under the legislation of two or more Member States, of  which one is that of the Member State in whose territory he resides, and who is entitled to  benefits under the legislation of the latter Member State, taking account where appropriate of the  provisions of Article 18 and Annex VI, shall, with the members of his family, receive such benefits  from the institution of the place of residence and at the expense of that institution as though the  person concerned were a pensioner whose pension was payable solely under the legislation of the  latter Member State. Article 28Pensions payable under the legislation of one or more States, in cases where there is  no right to benefits in the country of residence1. A pensioner who is entitled to a pension under  the legislation of one Member State or to pensions under the legislation of two or more Member  States and who is not entitled to benefits under the legislation of the Member State in whose  territory he resides shall nevertheless receive such benefits for himself and for members of his  family, in so far as he would, taking account where appropriate of the provisions of Article 18 and  Annex VI, be entitled thereto under the legislation of the Member State or of at least one of the  Member States competent in respect of pensions if he were resident in the territory of such State.  The benefits shall be provided under the following conditions: (a) benefits in kind shall be provided on behalf of the institution referred to in paragraph 2 by  the institution of the place of residence as though the person concerned were a pensioner under the  legislation of the State in whose territory he resides and were entitled to such benefits; (b) cash benefits shall, where appropriate, be provided by the competent institution as determined  by the rules of paragraph 2, in accordance with the legislation which it administers. However, upon  agreement between the competent institution and the institution of the place of residence, such  benefits may be provided by the latter institution on behalf of the former, in accordance with the  legislation of the competent State. 2. In the cases covered by paragraph 1, the cost of benefits in kind shall be borne by the  institution as determined according to the following rules: (a) where the pensioner is entitled to the said benefits under the legislation of a single Member  State, the cost shall be borne by the competent institution of that State; (b) where the pensioner is entitled to the said benefits under the legislations of two or more  Member States, the cost thereof shall be borne by the competent institution of the Member State to  whose legislation the pensioner has been subject for the longest period of time; should the  application of this rule result in several institutions being responsible for the cost of benefits  the cost shall be borne by the institution administering the legislation to which the pensioner was  last subject. Article 28aPensions payable under the legislation of one or more of the Member States other than  the country of residence where there is a right to benefits in the latter countryWhere the  pensioner entitled to a pension under the legislation of one Member State, or to pensions under the  legislations of two or more Member States, resides in the territory of a Member State under whose  legislation the right to receive benefits in kind is not subject to conditions of insurance or  employment, nor is any pension payable, the cost of benefits in kind provided to him and to members  of his family shall be borne by the institution of one of the Member States competent in respect of  pensions, determined according to the rules laid down in Article 28 (2), to the extent that the  pensioner and members of his family would have been entitled to such benefits under the legislation  administered by the said institutions if they resided in the territory of the Member State where  that institution is situated. Article 29Residence of members of the family in a State other than the one in which the  pensioner resides - Transfer of residence to the State where the pensioner resides1. Members of  the family of a pensioner entitled to a pension under the legislation of one Member State or to  pensions under the legislation of two or more Member States who reside in the territory of a Member  State other than the one in which the pensioner resides shall, where he is entitled to benefits  under the legislation of one Member State, receive benefits as though the pensioner were resident  in the same territory as themselves. Benefits shall be provided under the following conditions: (a) benefits in kind shall be provided by the institution of the place of residence of the members  of the family in accordance with the provisions of the legislation which that institution  administers, the cost being borne by the institution of the pensioner's place of residence; (b) cash benefits shall, where appropriate, be provided by the competent institution as determined  by the provisions of Article 27 or 28 (2), in accordance with the provisions of the legislation  which it administers. However, upon agreement between the competent institution and the institution  of the place of residence of the members of the family, such benefits may be provided by the latter  institution on behalf of the former, in accordance with the provisions of the legislation of the  competent State. 2. Members of the family referred to in paragraph 1 who transfer their residence to the territory  of the Member State where the pensioner resides, shall receive: (a) benefits in kind under the provisions of the legislation of that State, even if they have  already received benefits for the same case of sickness or maternity before transferring their  residence; (b) cash benefits provided where appropriate by the competent institution determined by the  provisions of Article 27 or 28 (2), in accordance with the legislation which it administers.  However, upon agreement between the competent institution and the institution of the place of  residence of the pensioner, such benefits may be provided by the latter institution on behalf of  the former, in accordance with the provisions of the legislation of the competent State. Article 30Substantial benefits in kindThe provisions of Article 24 shall apply by analogy to  pensioners. Article 31Stay of the pensioner and/or members of his family in a State other than the State in  which they resideA pensioner entitled to a pension or pensions under the legislation of one Member  State or to pensions under the legislation of two or more Member States who is entitled to benefits  under the legislation of one of those States shall, with members of his family who are staying in  the territory of a Member State other than the one in which they reside, receive: (a) benefits in kind provided by the institution of the place of stay in accordance with the  provisions of the legislation which it administers, the cost being borne by the institution of the  pensioner's place of residence; (b) cash benefits provided, where appropriate, by the competent institution as determined by the  provisions of Article 27 or 28 (2), in accordance with the provisions of the legislation which it  administers. However, upon agreement between the competent institution and the institution of the  place of stay, these benefits may be provided by the latter institution on behalf of the former, in  accordance with the provisions of the legislation of the competent State. Article 32Special provisions concerning responsibility for the cost of benefits provided for  former frontier workers, members of their families or their survivorsThe cost of benefits which  are provided under the provisions of Article 27 or 31 to a pensioner referred to in Article 27 who  is a former frontier worker or the survivor of a frontier worker, as well as to the members of the  family, shall, where the frontier worker was working as such for the three months immediately  preceding the date on which the pension became payable or the date of his death, be divided equally  between the institution of the pensioner's place of residence and that which he was last insured. Article 33  (4)Contributions payable by pensioners1. The institution of a Member State which is  responsible for payment of a pension and which administers legislation providing for deductions  from pensions in respect of contributions for sickness and maternity shall be authorized to make  such deductions, calculated in accordance with the legislation concerned, from the pension payable  by such institution, to the extent that the cost of the benefits under Articles 27, 28, 28a, 29, 31  and 32 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 28a, the acquisition of benefits in respect of  sickness and maternity is subject to the payment of contributions or similar payments under the  legislation of a Member State in whose territory the pensioner in question resides, by virtue of  such residence, these contributions shall not be payable. Article 34General provisions1. For the purposes of Articles 28, 28a, 29 and 31, a pensioner who  is in receipt of two or more pensions due under the legislation of a single Member State shall be  regarded as a pensioner entitled to draw a pension under the legislation of one Member State,  within the meaning of these provisions. 2. Articles 27 to 33 shall not apply to a pensioner or to members of his family who are entitled to  benefits under the legislation of a Member State as a result of pursuing a professional or trade  activity. In such a case, the person concerned shall, for the purposes of the implementation of  this chapter, be considered as an employed or self-employed person or as a member of an employed or  self-employed person's family. Section 6 Miscellaneous provisionsArticle 35Scheme applicable where there are a number of  schemes in the country of residence or stay - Previous illness - Maximum period during which  benefits are granted1. Subject to paragraph 2, where the legislation of the country of stay or  residence contains several sickness or maternity insurance schemes, the provisions applicable under  Article 19, 21 (1), 22, 25, 26, 28 (1), 29 (1) or 31 shall be those of the scheme covering manual  workers in the steel industry. Where, however, the said legislation includes a special scheme for  workers in mines and similar undertakings, the provisions of such scheme shall apply to that  category of workers and members of their families provided the institution of the place of stay or  residence to which application is made is competent to administer such scheme. 2. Where the legislation of the country of stay or residence includes one or more special schemes,  covering all or most occupational categories of self-employed persons, which grant benefits in kind  less favourable than those granted to employed persons, the provisions applicable to the person  concerned and the members of his family pursuant to Articles 19 (1) (a) and (2), 22 (1) (under (i))  and (3), 28 (1) (a) and 31 (a) shall be those of the scheme or schemes determined by the  implementing Regulation referred to in Article 98: (a) where, in the competent State, the person concerned is insured under a special scheme for  self-employed persons which also grants less favourable benefits in kind than those granted to  employed person, or(b) where a person in receipt of one or more pensions is, under the pensions legislation of the  competent Member State or Member States, entitled only to the benefits in kind provided for by a  special scheme for self-employed persons which also grants less favourable benefits in kind than  those granted to employed persons. 3. Where, under the legislation of a Member State, the granting of benefits is conditional upon the  origin of the illness, that conditions shall apply neither to employed or self-employed persons nor  to the members of their families to whom this Regulation applies, regardless of the Member State in  whose territory they reside. 4. Where the legislation of a Member State fixes a maximum period for the granting of benefits, the  institution which administers that legislation may, where appropriate, take account of the period  during which the benefits have already been provided by the institution of another Member State for  the same case of sickness or maternity. Section 7 Reimbursement between institutionsArticle 361. Without prejudice to the provisions  of Article 32, benefits in kind provided in accordance with the provisions of this chapter by the  institution of one Member State on behalf of the institution of another Member State shall be fully  refunded. 2. The refunds referred to in paragraph 1 shall be determined and made in accordance with the  procedure provided for by the implementing Regulation referred to in Article 98, either on  production of proof of actual expenditure or on the basis of lump-sum payments. In the latter case, the lump-sum payments shall be such as to ensure that the refund is as close as  possible to actual expenditure. 3. Two or more Member States, or the competent authorities of those States, may provide for other  methods of reimbursement or may waive all reimbursement between institutions under their  jurisdiction. CHAPTER 2  (8) INVALIDITYSection 1 Employed persons or self-employed persons subject only to  legislations under which the amount of invalidity benefits is independent of the duration of  periods of insuranceArticle 37  (8)General provisions1. An employed person or a self-employed  person who has been successively or anternately subject to the legislations of two or more Member  States and who has completed periods of insurance exclusively under legislations according to which  the amount of invalidity benefits is independent of the duration of periods of insurance shall  receive benefits in accordance with Article 39. This Article shall not affect pension increases or  supplements in respect of children, granted in accordance with Chapter 8. 2. Annex IV, part A, lists legislations of the kind mentioned in paragraph 1 which are in force in  the territory of each of the Member States concerned. Article 38  (8)Consideration of periods of insurance or of residence completed under the  legislation to which an employed person or a self-employed person was subject for the acquisition,  retention or recovery of the right to benefits1. Where the legislation of a Member State makes the  acquisition, retention or recovery of the right to benefits, under a scheme which is not a special  scheme within the meaning of paragraphs 2 or 3, subject to the completion of periods of insurance  or of residence, the competent institution of that Member State shall take account, where  necessary, of the periods of insurance or of residence completed under the legislation of any other  Member State, be it under a general scheme or under a special scheme and either as an employed  person or as a self-employed person. For that purpose, it shall take account of these periods as if  they had been completed under its own legislation. 2. Where the legislation of a Member State makes the granting of certain benefits conditional upon  the periods of insurance having been completed only in a occupation which is subject to a special  scheme for employed persons or, where appropriate, in a specific employment, periods completed  under the legislation of other Member States shall be taken into account for the granting of these  benefits only if completed under a corresponding scheme or, failing that, in the same occupation  or, where appropriate, in the same employment. If, account having been taken of the periods thus completed, the person concerned does not satisfy  the conditions for receipt of these benefits, these periods shall be taken into account for the  granting of the benefits under the general scheme or, failing that, under the scheme applicable to  manual or clerical workers, as the case may be, subject to the condition that the person concerned  has been affiliated to one or other of these schemes. 3. Where the legislation of a Member State makes the granting of certain benefits conditional upon  the period of insurance having been completed only in a occupation subject to a special scheme for  self-employed persons, periods completed under the legislation of other Member States shall be  taken into account for the granting of these benefits only if completed under a corresponding  scheme or, failing that, in the same occupation. The special schemes for self-employed persons  referred to in this paragraph are listed in Annex IV, part B, for each Member State concerned. If, account having been taken of the periods thus completed, the person concerned does not satisfy  the conditions for receipt of these benefits, these periods shall be taken into account for the  granting of the benefits under the general scheme or, failing that, under the scheme applicable to  manual or clerical workers, as the case may be, subject to the condition that the person concerned  has been affiliated to one or other of these schemes. Article 39  (8)Award of benefits1. The institution of a Member State whose legislation was  applicable at the time when incapacity for work followed by invalidity occurred shall determine, in  accordance with that legislation, whether the person concerned satisfies the conditions for  entitlement to benefits, taking account, where appropriate, of Article 38. 2. A person who satisfies the conditions referred to in paragraph 1 shall receive the benefits only  from the said institution, in accordance with the provisions of the legislation which it  administers. 3. A person who is not entitled to benefits under paragraph 1 shall receive the benefits to which  he is still entitled under the legislation of another Member State taking account, where  appropriate, of Article 38. 4. If the legislation referred to in paragraphe 2 or 3 provides that the amount of the benefits  shall be determined taking into account the existence of members of the family other than the  children, the competent institution shall also take into consideration those members of the family  of the person concerned who are residing in the territory of another Member State, as if they were  residing in the territory of the competent State. 5. If the legislation referred to in paragraph 2 or 3 lays down provisions for the reduction,  suspension or withdrawal of benefits in the case of overlapping with other income or with benefits  of a different kind within the meaning of Article 46a (2), Article 46a (3) and Article 46c (5)  shall apply mutatis mutandis. 6. A wholly unemployed employee to whom Article 71 (1) (a) (ii) or the first sentence of Article 71  (1) (b) (ii) applies shall receive the invalidity benefits provided by the competent institution of  the Member State in whose territory he resides, in accordance with the legislation which it  administers, as though he had been subject to that legislation during his last employment, account  being taken, where appropriate, of Article 38 and/or Article 25 (2). The institution of the country  of residence shall be responsible for paying these benefits. If the legislation which that institution administers provides for the calculation of benefits to  be based on wages or salaries, the institution shall take into account the wages or salaries  received in the last country of employment and in the country of residence in accordance with the  legislation which it administers. Where no wage or salary has been received in the country of  residence, the competent institution shall refer, as necessary and in accordance with the rules  laid down in its legislation, to the salaries received in the last country of employment. Section 2  (8) Employed persons or self-employed persons subject either only to legislations  under which the amount of invalidity benefit depends on the duration of periods of insurance or  residence or the legislation of this type and of the type referred to in Section 1Article 40   (8)General provisions1. An employed person or a self-employed person who has been successively or  alternately subject to the legislation of two or more Member States, of which at least one is not  of the type referred to in Article 37 (1), shall receive benefits under the provisions of Chapter  3, which shall apply mutatis mutandis, taking into account the provisions of paragraph 4. 2. However, an employed or self-employed person who suffers incapacity for work leading to  invalidity while subject to a legislation listed in Annex IV, part A, shall receive benefits in  accordance with the provisions of Article 37 (1) on the following conditions: - that he satisfied the conditions of that legislation or other legislations of the same type,  taking account where appropriate of Article 38, but without having recourse to periods of insurance  completed under legislations not listed in Annex IV, part A, and- that he does not satisfy the conditions required for the aquisition of the right to  invalidity benefits under a legislation not listed in Annex IV, part A, and- that he does not assert any claims to old-age benefits, account being taken of the second  sentence of Article 44 (2). 3. (a) For the purpose of determining the right to benefits under the legislation of a Member  State, listed in Annex IV, part A, which makes the granting of invalidity benefits conditional upon  the person concerned having received cash sickness benefits or having been incapable of work during  a specified period, where an employed person or a self-employed person who has been subject to that  legislation suffers incapacity for work leading to invalidity while subject to the legislation of  another Member State, account shall be taken of the following, without prejudice to Article 37  (1): (i) any period during which, in respect of that incapacity for work, he has, under the legislation  of the second Member State, received cash sickness benefits, or, in lieu thereof, continued to  receive a wage or salary; (ii) any period during which, in respect of the invalidity which followed that incapacity for work,  he has received benefits within the meaning of Chapters 2 and 3 of Title III of the Regulation  granted in respect of invalidity under the legislation of the second Member State, as if it were a  period during which cash sickness benefits were paid to him under the legislation of the first  Member State or during which he was incapable of working within the meaning of that legislation. (b) The right to invalidity benefits under the legislation of the first Member State shall be  acquired either upon expiry of the preliminary period of compensation for sickness as required by  that legislation or upon expiry of the preliminary period of incapacity of work as required by that  legislation, but not before: (i) the date of acquisition of the right to invalidity benefits referred to in subparagraph (a)  (ii) under the legislation of the second Member State, or(ii) the day following the last day on which the person concerned is entitled to cash sickness  benefits under the legislation of the second Member State. 4. A decision taken by an institution of a Member State concerning the degree of invalidity of a  claimant shall be binding on the institution of any other Member State concerned, provided that the  concordance between the legislations of these States on conditions relating to the degree of  invalidity is acknowledged in Annex V. Section 3  (8) Aggravation of invalidityArticle 411. In the case of aggravation of an  invalidity for which an employed person or a self-employed person is receiving benefits under the  legislation of a single Member State, the following provision shall apply: (a) if the person concerned has not been subject to the legislation of another Member State since  receiving benefits, the competent institution of the first State shall grant the benefits, taking  the aggraviation into account, in accordance with the provisions of the legislation which it  administers; (b) if the person concerned has been subject to the legislation of one or more of the other Member  States since receiving benefits, the benefits shall be granted to him, taking the aggravation into  account, in accordance with Article 37 (1) or 40 (1) or (2), as appropriate; (c) if the total amount of the benefit or benefits payable under subparagraph (b) is lower than the  amount of the benefit which the person concerned was receiving at the expense of the institution  previously liable for payment, such institution shall pay him a supplement equal to the difference  between the two amounts; (d) if, in the case referred to in subparagraph (b), the institution responsible for the initial  incapacity is a Dutch institution, and if: (i) the illness which caused the aggravation is the same as the one which gave rise to the granting  of benefits under Dutch legislation; (ii) this illness is an occupational disease within the meaning of the legislation of the Member  State to which the person concerned was last subject and entitles him to payment of the supplement  referred to in Article 60 (1) (b), and(iii) the legislation or legislations to which the person concerned has been subject since  receiving benefits is or are listed in Annex IV, part A, the Dutch institution shall continue to provide the initial benefit after the aggravation occurs,  and the benefit due under the legislation of the last Member State to which the person concerned  was subject shall be reduced by the amount of the Dutch benefit; (e) if, in the case referred to in subparagraph (b), the person concerned is not entitled to  benefits at the expense of an institution of another Member State, the competent institution of the  first State shall grant the benefits, according to the provisions of the legislation of the State,  taking into account the aggravation and, where appropriate, Article 38. 2. In the case of aggravation of an invalidity for which an employed person or a self-employed  person is receiving benefits under the legislation of two or more Member States, the benefits shall  be granted to him, taking the aggravation into account, in accordance with Article 40 (1). Section 4  (8) Resumption of provision of benefits after suspension or withdrawal - Conversion  of invalidity benefits into old-age benefits - Recalculation of benefits granted under Article  39Article 42  (8)Determination of the institution responsible for the provision of benefits  where provision of invalidity benefits is resumed1. If provision of benefits is to be resumed  after suspension, such provision shall, without prejudice to Article 43, be the responsibility of  the institution or institutions which were responsible for provision of the benefits at the time of  their suspension. 2. If, after withdrawal of benefits, the condition of the person concerned warrants the granting of  further benefits, they shall be granted in accordance with Article 37 (1) or Article 40 (1) or (2),  as appropriate. Article 43  (8)Conversion of invalidity benefits into old-age benefits - Recalculation of  benefits granted under Article 391. Invalidity benefits shall be converted into old-age benefits,  where appropriate, under the conditions laid down by the legislation or legislations under which  they were granted, and in accordance with Chapter 3. 2. Where a person receiving invalidity benefits can establish a claim to old-age benefits under the  legislation of one or more Member States, in accordance with Article 49, any institution which is  responsible for providing invalidity benefits under the legislation of a Member State shall  continue to provide such person with the invalidity benefits to which he is entitled under the  legislation which it administers until the provisions of paragraph 1 become applicable as regards  that institution or so long as the person concerned fulfils the conditions for such benefits. 3. Where invalidity benefits granted in accordance with Article 39 under the legislation of a  Member State are converted into old-age benefits and where the person concerned does not yet  satisfy the conditions required by one or more national legislations to receive these benefits, the  person concerned shall receive, from this or these Member States, from the date of the conversion,  invalidity benefits granted in accordance with Chapter 3 as if that Chapter had been applicable at  the time when his incapacity for work leading to invalidity occurred, until the person concerned  satisfies the qualifying conditions for old-age benefit laid down by the national legislation or  legislations concerned or, where such conversion is not provided for, as long as he has a right to  invalidity benefits under the legislation or legislations concerned. 4. The invalidity benefits provided under Article 39 shall be recalculated pursuant to Chapter 3 as  soon as the beneficiary satisfies the qualifying conditions for invalidity benefits laid down by a  legislation not listed in Annex IV, part A, or as soon as he receives old-age benefits under the  legislation of another Member State. CHAPTER 3 OLD AGE AND DEATH (PENSIONS)Article 44  (8)General provisions for the award of  benefits where an employed or self-employed person has been subject to the legislation of two or  more Member States1. The rights to benefits of an employed or self-employed person who has been  subject to the legislation of two or more Member States, or of his survivors, shall be determined  in accordance with the provisions of this Chapter. 2. Save as otherwise provided in Article 49, the processing of a claim for an award submitted by  the person concerned shall have regard to all the legislations to which the employed or  self-employed person has been subject. Exception shall be made to this rule if the person concerned  expressly asks for postponement of the award of old-age benefits to which he would be entitled  under the legislation of one or more Member States. 3. This Chapter shall not apply to increase in pensions or to supplements for pensions in respect  of children or to orphans' pensions granted in accordance with the provisions of Chapter 8. Article 45  (8)Consideration of periods of insurance or of residence completed under the  legislations to which an employed person or self-employed person was subject, for the acquisition,  retention or recovery of the right to benefits1. Where the legislation of a Member States makes  the acquisition, retention or recovery of the right to benefits, under a scheme which is not a  special scheme within the meaning of paragraphs 2 or 3, subject to the completion of periods of  insurance or of residence, the competent institution of that Member State shall take account, where  necessary, of the periods of insurance or of residence under the legislation of any other Member  State, be it under a general scheme or under a special scheme and either as an employed person or a  self-employed person. For that purpose, it shall take account of these periods as if they had been  completed under its own legislation. 2. Where the legislation of a Member State makes the granting of certain benefits conditional upon  the periods of insurance having been completed only in an occupation which is subject to a special  scheme for employed persons or, where appropriate, in a specific employment, periods completed  under the legislation of other Member States shall be taken into account for the granting of these  benefits only if completed under a corresponding scheme or, failing that, in the same occupation  or, where appropriate, in the same employment. If, account having been taken of the periods thus  completed, the person concerned does not satisfy the conditions for receipt of these benefits,  these periods shall be taken into account for the granting of the benefits under the general scheme  or, failing that, under the scheme applicable to manual or clerical workers, as the case may be,  subject to the condition that the person has been affiliated to one or other of these schemes. 3. Where the legislation of a Member State makes the granting of certain benefits conditional upon  the periods of insurance having been completed only in an occupation subject to a special scheme  for self-employed persons, periods completed under the legislations of other Member States shall be  taken into account for the granting of these benefits only if completed under a corresponding  scheme or, failing that, in the same occupation. The special schemes for self-employed persons  referred to in this paragraph are listed in Annex I, part B, for each Member State concerned. If,  account having been taken of the periods referred to in this paragraph, the person concerned does  not satisfy the conditions for receipt of these benefits, these periods shall be taken into account  for the granting of the benefits under the general scheme or, failing this, under the scheme  applicable to manual or clerical workers, as the case may be, subject to the condition that the  person concerned has been affiliated to one or other of these schemes. 4. The periods of insurance completed under a special scheme of a Member State shall be taken into  account under the general scheme or, failing that, under the scheme applicable to manual or  clerical workers, as the case may be, of another Member State for the acquisition, retention or  recovery of the right to benefits, subject to the condition that the person concerned has been  affiliated to one or other of these schemes, even if these periods have already been taken into  account in the latter State under a scheme referred to in paragraph 2 or in the first sentence of  paragraphe 3. 5. Where the legislation of a Member State makes the acquisition, retention or recovery of the  right to benefits conditional upon the person concerned being insured at the time of the  materialization of the risk, this condition shall be regarded as having been satisfied in the case  of insurance under the legislation of another Member State, in accordance with the procedures  provided for in Annex VI for each Member State concerned. 6. A period of full employment of a worker to whom Article 71 (1) (a) (ii) or (b) (ii), first  sentence, applies shall be taken into account by the competent institution of the Member State in  whose territory the worker concerned resides in accordance with the legislation administered by  that institution, as if that legislation applied to him during his last employment. If the period of full unemployment in the country of residence of the person concerned can be taken  into account only if contribution periods have been completed in that country, this condition shall  be deemed to be fulfilled if the contribution periods have been completed in another Member State. Article 46  (8)Award of benefits1. Where the conditions required by the legislation of a Member  State for entitlement to benefits have been satisfied without having to apply Article 45 or Article  40 (3), the following rules shall apply: (a) the competent institution shall calculate the amount of the benefit that would be due: (i) on the one hand, only under the provisions of the legislation which it administers; (ii) on the other hand, pursuant to paragraph 2; (b) the competent institution may, however, waive the calculation to be carried out in accordance  with (a) (ii) if the result of this calculation, apart from differences arising from the use of  round figures, is equal to or lower than the result of the calculation carried out in accordance  with (a) (i), insofar as that institution does not apply any legislation containing rules against  overlapping as referred to in Articles 46b and 46c or if the aforementioned institution applies a  legislation containing rules against overlapping in the case referred to in Article 46c, provided  that the said legislation lays down that benefits of a different kind shall be taken into  consideration only on the basis of the relation of the periods of insurance or of residence  completed under that legislation alone to the periods of insurance or of residence required by that  legislation in order to qualify for full benefit entitlement. Annex IV, part C, lists for each Member State concerned the cases where the two calculations would  lead to a result of this kind. 2. Where the conditions required by the legislation of a Member State for entitlement to benefits  are satisfied only after application of Article 45 and/or Article 40 (3), the following rules shall  apply: (a) the competent institution shall calculate the theoretical amount of the benefit to which the  person concerned could lay claim provided all periods of insurance and/or of residence, which have  been completed under the legislation of the Member States to which the employed person or  self-employed person was subject, have been completed in the State in question under the  legislation which it administers on the date of the award of the benefit. If, under this  legislation, the amount of the benefit is independent of the duration of the periods completed, the  amount shall be regarded as being the theoretical amount referred to in this paragraph; (b) the competent institution shall subsequently determine the actual amount of the benefit on the  basis of the theoretical amount referred to in the preceding paragraph in accordance with the ratio  of the duration of the periods of insurance or of residence completed before the materialization of  the risk under the legislation which it administers to the total duration of the periods of  insurance and of residence completed before the materialization of the risk under the legislations  of all the Member States concerned. 3. The person concerned shall be entitled to the highest amount calculated in accordance with  paragraphs 1 and 2 from the competent institution of each Member State without prejudice to any  application of the provisions concerning reduction, suspension or withdrawal provided for by the  legislation under which this benefit is due. Where that is the case, the comparison to be carried out shall relate to the amounts determined  after the application of the said provisions. 4. When, in the case of invalidity, old-age or survivor's pensions, the total of the benefits due  from the competent institutions of two or more Member States under the provisions of a multilateral  social security convention referred to in Article 6 (b) does not exceed the total which would be  due from such Member States under paragraphs 1 to 3, the person concerned shall benefit from the  provisions of this Chapter. Article 46a  (8)General provisions relating to reduction, suspension or withdrawal applicable to  benefits in respect of invalidity, old age or survivors under the legislations of the Member  States1. For the purposes of this Chapter, overlapping of benefits of the same kind shall have the  following meaning: all overlapping of benefits in respect of invalidity, old age and survivors  calculated or provided on the basis of periods of insurance and/or residence completed by one and  the same person. 2. For the purposes of this Chapter, overlapping of benefits of different kinds means all  overlapping of benefits that cannot be regarded as being of the same kind within the meaning of  paragraph 1. 3. The following rules shall be applicable for the application of provisions on reduction,  suspension or withdrawal laid down by the legislation of a Member State in the case of overlapping  of a benefit in respect of invalidity, old age or survivors with a benefit of the same kind or a  benefit of a different kind or with other income: (a) account shall be taken of the benefits acquired under the legislation of another Member State  or of other income acquired in another Member State only where the legislation of the first Member  State provides for the taking into account of benefits or income acquired abroad; (b) account shall be taken of the amount of benefits to be granted by another Member State before  deduction of taxes, social security contributions and other individual levies or deductions; (c) no account shall be taken of the amount of benefits acquired under the legislation of another  Member State which are awarded on the basis of voluntary insurance or continued optional  insurance; (d) where provisions on reduction, suspension or withdrawal are applicable under the legislation of  only one Member State on account of the fact that the person concerned receives benefits of a  similar or different kind payable under the legislation of other Member States or other income  acquired within the territory of other Member States, the benefit payable under the legislation of  the first Member State may be reduced only within the limit of the amount of the benefits payable  under the legislation or the income acquired within the territory of other Member States. Article 46b  (8)Special provisions applicable in the case of overlapping of benefits of the same  kind under the legislation of two or more Member States1. The provisions on reduction, suspension  or withdrawal laid down by the legislation of a Member State shall not be applicable to a benefit  calculated in accordance with Article 46 (2). 2. The provisions on reduction, suspension or withdrawal laid down by the legislation of a Member  State shall apply to a benefit calculated in accordance with Article 46 (1) (a) (i) only if the  benefit concerned is: (a) either a benefit, which is referred to in Annex IV, part D, the amount of which does not depend  on the length of the periods of insurance or of residence completed, or(b) a benefit, the amount of which is determined on the basis of a credited period deemed to  have been completed between the date on which the risk materialized and a later date. In the latter  case, the said provisions shall apply in the case of overlapping of such a benefit: (i) either with a benefit of the same kind, except where an agreement has been concluded between  two or more Member States providing that one and the same credited period may not be taken into  account two or more times; ii) or with a benefit of the type referred to in (a). The benefits and agreements referred to in (b) are mentioned in Annex IV, part D. Article 46c  (8)Special provisions applicable in the case of overlapping of one or more benefits  referred to in Article 46a (1) with one or more benefits of a different kind or with other income,  where two or more Member States are concerned1. If the receipt of benefits of a different kind or  other income entails the reduction, suspension or withdrawal of two or more benefits referred to in  Article 46 (1) (a) (i), the amounts which would not be paid in strict application of the provisions  concerning reduction, suspension or withdrawal provided for by the legislation of the Member States  concerned shall be divided by the number of benefits subject to reduction, suspension or  withdrawal. 2. Where the benefit in question is calculated in accordance with Article 46 (2), the benefit or  benefits of a different kind from other Member States or other income and all other elements  provided for by the legislation of the Member State for the application of the provisions in  respect of reduction, suspension or withdrawal shall be taken into account in proportion to the  periods of insurance and/or residence referred to in Article 46 (2) (b), and shall be used for the  calculation of the said benefit. 3. If the receipt of benefits of a different kind or of other income entails the reduction,  suspension or withdrawal of one or more benefits referred to in Article 46 (1) (a) (i), and of one  or more benefits referred to in Article 46 (2), the following rules shall apply: (a) where in a case of a benefit or benefits referred to in Article 46 (1) (a) (i), the amounts  which would not be paid in strict application of the provisions concerning reduction, suspension or  withdrawal provided for by the legislation of the Member States concerned shall be divided by the  number of benefits subject to reduction, suspension or withdrawal; (b) where in a case of a benefit or benefits calculated in accordance with Article 46 (2), the  reduction, suspension or withdrawal shall be carried out in accordance with paragraph 2. 4. Where, in the case referred to in paragraph 1 and 3 (a), the legislation of a Member State  provides that, for the application of provisions concerning reduction, suspension or withdrawal,  account shall be taken of benefits of a different kind and/or other income and all other elements  in proportion to the periods of insurance referred to in Article 46 (2) (b), the division provided  for in the said paragraphs shall not apply in respect of that Member State. 5. All the abovementioned provisions shall apply mutatis mutandis where the legislation of one or  more Member States provides that the right to a benefit cannot be acquired in the case where the  person concerned is in receipt of a benefit of a different kind, payable under the legislation of  another Member State, or of other income. Article 47  (8)Additional provisions for the calculation of benefits1. For the calculation of  the theoretical and pro rata amounts referred to in Article 46 (2), the following rules shall  apply: (a) where the total length of the periods of insurance and of residence completed before the risk  materialized under the legislations of all the Member States concerned is longer than the maximum  period required by the legislation of one of these States for receipt of full benefit, the  competent institution of that State shall take into consideration this maximum period instead of  the total length of the periods completed; this method of calculation must not result in the  imposition on that institution of the cost of a benefit greater than the full benefit provided for  by the legislation which it administers. This provision shall not apply to benefits, the amount of  which does not depend on the length of insurance; (b) the procedure for taking account of overlapping periods is laid down in the implementing  Regulation referred to in Article 98; (c) where, under the legislation of a Member State, benefits are calculated on the basis of  average earnings, an average contribution, an average increase or on the relation which existed,  during the periods of insurance, between the claimant's gross earnings and the average gross  earnings of all insured persons other than apprentices, such average figures or relations shall be  determined by the competent institution of that State solely on the basis of the periods of  insurance completed under the legislation of the said State, or the gross earnings received by the  person concerned during those periods only; (d) where, under the legislation of a Member State, benefits are calculated on the basis of the  amount of earnings, contributions or increases, the competent institution of that State shall  determine the earnings, contributions and increases to be taken into account in respect of the  periods of insurance or residence completed under the legislation of other Member States on the  basis of the average earnings, contributions or increases recorded in respect of the periods of  insurance completed under the legislation which it administers; (e) where, under the legislation of a Member State, benefits are calculated on the basis of  standard earnings or a fixed amount, the competent institutions of that State shall consider the  standard earnings or the fixed amount to be taken into account by it in respect of periods of  insurance or residence completed under the legislations of other Member States as being equal to  the standard earnings or fixed amount or, where appropriate, to the average of the standard  earnings or the fixed amount corresponding to the periods of insurance completed under the  legislation which it administers; (f) where, under the legislation of a Member State, benefits are calculated for some periods on the  basis of the amount of earnings and, for other periods, on the basis of standard earnings or a  fixed amount, the competent institution of that State shall, in respect of periods of insurance or  residence completed under the legislations of other Member States, take into account the earnings  or fixed amounts determined in accordance with the provisions referred to in (d) or (e) or, as  appropriate, the average of these earnings or fixed amounts, where benefits are calculated on the  basis of standard earnings or a fixed amount for all the periods completed under the legislation  which it administers, the competent institution shall consider the earnings to be taken into  account in respect of the periods of insurance or residence completed under the legislations of  other Member States as being equal to the national earnings corresponding to the standard earnings  or fixed amount; (g) where, under the legislation of a Member State, benefits are calculated on the basis of average  contributions, the competent institution shall determine that average by reference only to those  periods of insurance completed under the legislation of the said State. 2. The provisions of the legislation of a Member State concerning the revalorization of the factors  taken into account for the calculation of benefits shall apply, as appropriate, to the factors to  be taken into account by the competent institution of that State, in accordance with paragraph 1,  in respect of the periods of insurance or residence completed under the legislation of other Member  States. 3. If, under the legislation of a Member State, the amount of benefits is determined taking into  account the existence of members of the family other than children, the competent institution of  that State shall also take into consideration those members of the family of the person concerned  who are residing in the territory of another Member State as if they were residing in the territory  of the competent State. 4. If the legislation which the competent institution of a Member State administers requires a  salary to be taken into account for the calculation of benefits, where the first and second  subparagraphs of Article 45 (6) have been applied, and if, in this Member State, only periods of  full unemployment with benefit in accordance with Article 71 (1) (a) (ii) or the first sentence of  Article 71 (1) (b) (ii) are taken into consideration for the payment of pensions, the competent  institution of that Member State shall pay the pension on the basis of the salary it used as the  reference for providing that unemployment benefit in accordance with the legislation which it  administers. Article 48  (8)Periods of insurance or of residence of less than one year1. Notwithstanding  Article 46 (2), the institution of a Member State shall not be required to award benefits in  respect of periods completed under the legislation it administers, which are taken into account  when the risk materializes, if: - the duration of the said periods does not amount to one year, and- taking only these periods into consideration, no right to benefit is acquired by virtue of  the provisions of that legislation. 2. The competent institution of each of the Member States concerned shall take into account the  periods referred to in paragraph 1, for the purposes of applying Article 46 (2) excepting  subparagraph (b). 3. If the effect of applying paragraph 1 would be to relieve all the institutions of the Member  States concerned of their obligations, benefits shall be awarded exclusively under the legislation  of the last of those States whose conditions are satisfied, as if all the periods of insurance and  residence completed and taken into account in accordance with Article 45 (1) to (4) had been  completed under the legislation of that State. Article 49  (8)Calculation of benefits where the person concerned does not simultaneously  satisfy the conditions laid down by all the legislations under which periods of insurance or of  residence have been completed or when he has expressly requested a postponement of the award of  old-age benefits1. If, at a given time, the person concerned does not satisfy the conditions laid  down for the provision of benefits by all the legislations of the Member States to which he has  been subject, taking into account where appropriate Article 40 (3), but satisfies the conditions or  one or more of them only, the following provisions shall apply: (a) each of the competent institutions administering a legislation whose conditions are satisfied  shall calculate the amount of the benefit due, in accordance with Article 46; (b) however: (i) if the person concerned satisfies the conditions of at least two legislations without having  recourse to periods of insurance or residence completed under the legislations whose conditions are  not satisfied, these periods shall not be taken into account for the purposes of Article 46 (2); (ii) if the person concerned satisfies the conditions of only one legislation without having  recourse to periods of insurance or residence completed under the legislations whose conditions are  not satisfied, the amount of the benefit payable shall be calculated in accordance with the  provisions only of that legislation whose conditions are satisfied, taking account of the periods  completed under that legislation only. The provisions of this paragraph shall apply mutatis mutandis where the person concerned has  expressly requested the postponement of the award of old-age benefits, in accordance with the  second sentence of Article 44 (2). 2. The benefit or benefits awarded under one or more of the legislations in question, in the case  referred to in paragraph 1, shall be recalculated automatically in accordance with Article 46, as  and when the conditions required by one or more of the other legislations to which the person  concerned has been subject are satisfied, taking into account, where appropriate, Article 45 and  taking into account once again, where appropriate, paragraph 1. This paragraph shall apply mutatis  mutandis where a person requests the award of old-age benefits acquired under the legislation of  one or more Member States which had until then been postponed in accordance with the second  sentence of Article 44 (2). 3. A recalculation shall automatically be made in accordance with paragraph 1, without prejudice to  Article 40 (2), where the conditions required by one or more of the legislations concerned are no  longer satisfied. Article 50  (8)Award of a supplement where the total of benefits payable under the legislations  of the various Member States does not amount to the minimum laid down by the legislation of the  State in whose territory the recipient residesA recipient of benefits to whom this Chapter applies  may not, in the State in whose territory he resides and under whose legislation a benefit is  payable to him, be awarded a benefit which is less than the minimum benefit fixed by that  legislation for a period of insurance or residence equal to all the periods of insurance taken into  account for the payment in accordance with the preceding Articles. The competent institution of  that State shall, if necessary, pay him throughout the period of his residence in its territory a  supplement equal to the difference between the total of the benefits payable under this Chapter and  the amount of the minimum benefit. Article 51  (8)Revalorization and recalculation of benefits1. If, by reason of an increase in  the cost of living or changes in the level of wages or salaries or other reasons for adjustment,  the benefits of the States concerned are altered by a fixed percentage or amount, such percentage  or amount must be applied directly to the benefits determined under Article 46, without the need  for a recalculation in accordance with that Article. 2. On the other hand, if the method of determining benefits or the rules for calculating benefits  should be altered, a recalculation shall be carried out in accordance with Article 46. CHAPTER 4 ACCIDENTS AT WORK AND OCCUPATIONAL DISEASESSection 1 Right to benefitsArticle  52Residence in a Member State other than the competent State - General rulesAn employed or  self-employed person who sustains an accident at work or contracts an occupational disease, and who  is residing in the territory of a Member State other than the competent State, shall receive in the  State in which he is residing: (a) benefits in kind, provided on behalf of the competent institution by the institutions of his  place of residence in accordance with the provisions of the legislation which it administers as if  he were insured with it; (b) cash benefits provided by the competent institution in accordance with the provisions of the  legislation which it administers. However, by agreement between the competent institution and the  institution of the place of residence, these benefits may be provided by the latter institution on  behalf of the former in accordance with the legislation of the competent State. Article 53Frontier workers - Special ruleA frontier worker may also obtain benefits in the  territory of the competent State. Such benefits shall be provided by the competent institution in  accordance with the provisions of the legislation of that State, as if the person concerned were  residing there. Article 54Stay in or transfer of residence to the competent State1. An employed or  self-employed person covered by Article 52 who is staying in the territory of the competent State  shall receive benefits in accordance with the provisions of the legislation of that State, even if  he has already received benefits before his stay. This provision shall not, however, apply to  frontier workers. 2. An employed or self-employed person covered by Article 52 who transfers his place of residence  to the territory of the competent State shall receive benefits in accordance with the provisions of  the legislation of that State, even if he has already received benefits before transferring his  residence. Article 55Stay outside the competent State - Return to or transfer of residence to another  Member State after sustaining an accident or contracting an occupational disease - Need to go to  another Member State in order to receive appropriate treatment1. An employed or self-employed  person who sustains an accident at work or contracts an occupational disease and: (a) who is staying in the territory of a Member State other than the competent State; or(b) who, after having become entitled to benefits chargeable to the competent institution, is  authorized by that institution to return to the territory of the Member State where he is resident,  or to tranfer his place of residence to the territory of another Member State; or(c) who is authorized by the competent institution to go to the territory of another Member  State in order to receive there the treatment appropriate to his condition, shall be entitled: (i) to benefits in kind provided on behalf of the competent institution by the institution of the  place of stay or residence in accordance with the provisions of the legislation administered by  that institution as though he were insured with it, the period during which benefits are provided  shall, however, be governed by the legislation of the competent State; (ii) to cash benefits provided by the competent institution in accordance with the legislation  which it administers. However, by agreement between the competent institution and the institution  of the place of stay or residence, those benefits may be provided by the latter institution on  behalf of the former institution, in accordance with the legislation of the competent State. 2. The authorization required under paragraph 1 (b) may be refused only if it is established that  movement of the person concerned would be prejudicial to his state of health or to the medical  treatment being given. The authorization required under paragraph 1 (c) may not be refused where the treatment in question  cannot be given to the person concerned in the territory of the Member State in which he resides. Article 56Accidents while travellingAn accident while travelling which occurs in the territory  of a Member State other than the competent State shall be deemed to have occurred in the territory  of the competent State. Article 57  (4)Benefits for an occupational disease where the person concerned has been exposed  to the same risk in several Member States1. When a person who has contracted an occupational  disease has, under the legislation of two or more Member States, pursued an activity which by its  nature is likely to cause that disease, the benefits that he or his survivors may claim shall be  awarded exclusively under the legislation of the last of those States whose conditions are  satisfied, taking into account, where appropriate, paragraphs 2 to 5. 2. If, under the legislation of a Member State, the granting of benefits in respect of an  occupational disease is subject to the condition that the disease in question was first diagnosed  within its territory, such condition shall be deemed to be satisfied if the disease was first  diagnosed in the territory of another Member State. 3. If, under the legislation of a Member State, the granting of benefits in respect of an  occupational disease is subject to the condition that the disease in question was diagnosed within  a specific time limit following cessation of the last activity which was likely to cause such a  disease, the competent institution of that State, when checking the time at which such activity was  pursued, shall take into account, to the extent necessary, similar activities pursued under the  legislation of any other Member State, as if they had been pursued under the legislation of the  first State. 4. If, under the legislation of a Member State, the granting of benefits in respect of an  occupational disease is subject to the condition that an activity likely to cause the disease in  question was pursued for a certain length of time, the competent institution of the State shall  take into account, to the extent necessary, periods during which such activity was pursued under  the legislation of any other Member State, as if it had been pursued under the legislation of the  first State. 5. In cases of sclerogenic pneumoconiosis, the cost of cash benefits, including pensions, shall be  divided among the competent institutions of the Member States in whose territory the person  concerned pursued an activity likely to cause the disease. This division shall be carried out on  the basis of the ratio which the length of the periods of old-age insurance or residence referred  to in Article 45 (1) completed under the legislation of each of the States bears to the total  length of the periods of old-age insurance or residence completed under the legislation of all the  States at the dates on which the benefits commenced. 6. The Council shall determine unanimously, on a proposal from the Commission, the occupational  diseases to which the provisions of paragraph 5 shall be extended. Article 58Calculation of cash benefits1. The competent institution of a Member State whose  legislation provides that the calculation of cash benefits shall be based on average earnings shall  determine such average earnings exclusively by reference to earnings confirmed as having been paid  during the periods completed under the said legislation. 2. The competent institution of a Member State whose legislation provides that the calculation of  cash benefits shall be based on standard earnings shall take account exclusively of the standard  earnings, or where appropriate, of the average of standard earnings for the periods completed under  the said legislation. 3. The competent institution of a Member State whose legislation provides that the amount of cash  benefits shall vary with the number of members in the family shall take into account also the  members of the family of the person concerned who are residing in the territory of another Member  State, as if they were residing in the territory of the competent State. Article 59Costs of transporting a person who has sustained an accident at work or is suffering  from an occupational disease1. The competent institution of a Member State whose legislation  provides for meeting the costs of transporting a person who has sustained an accident at work or is  suffering from an occupational disease, either to his place of residence or to a hospital, shall  meet such costs to the corresponding place in the territory of another Member State where the  person resides, provided that that institution gives prior authorization for such transport, duly  taking into account the reasons justifying it. Such authorization shall not be required in the case  of a frontier worker. 2. The competent institution of a Member State whose legislation provides for the costs of  transporting the body of a person killed in an accident at work to the place of burial shall, in  accordance with the provisions of the legislation which it administers, meet such costs to the  corresponding place in the territory of another Member State, where the person was residing at the  time of the accident. Section 2 Aggravation of an occupational disease for which the benefit has been  awardedArticle 60  (4) (8)1. In the event of aggraviation of an occupational disease for which  an employed or self-employed person has received or is receiving benefit under the legislation of a  Member State, the following rules shall apply: (a) if the person concerned has not, while in receipt of benefits, been engaged in an occupation  under the legislation of another Member State likely to cause or aggravate the disease in question,  the competent institution of the first Member State shall be bound to meet the cost of the benefits  under the provisions of the legislation which it administers taking into account the aggravation; (b) if the person concerned, while in receipt of benefits, has pursued such an activity under the  legislation of another Member State, the competent institution of the first Member State shall be  bound to meet the cost of the benefits under the legislation which it administers without taking  the aggravation into account. The competent institution of the second Member State shall grant a  supplement to the person concerned, the amount of which shall be equal to the difference between  the amount of benefits due after the aggravation and the amount which would have been due prior to  the aggravation under the legislation which it administers if the disease in question had occurred  under the legislation of that Member State; (c) if, in the case covered by subparagraph (b), an employed or self-employed person suffering from  sclerogenic pneumoconiosis or from a disease determined under Article 57 (6) is not entitled to  benefits under the legislation of the second Member State, the competent institution of the first  Member State shall be bound to provide benefits under the legislation which it administers, taking  the aggravation into account. The competent institution of the second Member State shall, however,  meet the cost of the difference between the amount of cash benefits, including pensions, due from  the competent institution of the first Member State, taking the aggravation into account, and the  amount of the corresponding benefits which were due prior to the aggrvation; (d) the provisions for reduction, suspension or withdrawal laid down by the legislation of a Member  State shall not apply to persons receiving benefits awarded by institutions of two Member States in  accordance with subparagraph (b). 2. In the event of aggravation of an occupational disease giving rise to the application of the  provisions of Article 57 (5), the following provisions shall apply: (a) the competent institution which granted the benefits in accordance with the provisions of  Article 57 (1) shall be bound to provide benefits under the legislation which it administers taking  the aggravation into account; (b) the cost of cash benefits, including pensions, shall continue to be divided between the  institutions which shared the costs of former benefits in accordance with the provisions of Article  57 (5). Where, however, the person has again pursued an activity likely to cause or to aggravate  the occupational disease in question, either under the legislation of one of the Member States in  which he had already pursued an activity of the same nature or under the legislation of another  Member State, the competent institution of such State shall meet the cost of the difference between  the amount of benefits due, taking account of the aggravation, and the amount of benefits due prior  to the aggravation. Section 3 Miscellaneous provisionsArticle 61Rules for taking into account the special  features of certain legislations1. If there is no insurance against accidents at work or  occupational diseases in the territory of the Member State in which the person concerned happens to  be, or if such insurance exists but there is no institution responsible for providing benefits in  kind, those benefits shall be provided by the institution of the place of stay or residence  responsible for providing benefit in kind in the event of sickness. 2. Where the legislation of the competent State makes wholly cost-free benefits in kind conditional  upon use of the medical service organized by the employer, benefits in kind provided in the cases  referred to in Articles 52 and 55 (1) shall be deemed to have been provided by such a medical  service. 3. Where the legislation of the competent State includes a scheme relating to the obligations of  the employer, benefits in kind provided in the case referred to in Articles 52 and 55 (1) shall be  deemed to have been provided at the request of the competent institution. 4. Where the nature of the scheme of the competent State relating to compensation for accidents at  work is not that of compulsory insurance, the provision of benefits in kind shall be made directly  by the employer or by the insurer involved. 5. Where the legislation of a Member State provides expressly or by implication that accidents at  work or occupational diseases which have occurred or have been confirmed previously shall be taken  into consideration in order to assess the degree of incapacity, to establish a right to any  benefit, or to determine the amount of benefit, the competent institution of that Member State  shall also take into consideration accidents at work or occupational diseases which have occurred  or have been confirmed previously under the legislation of another Member State as if they had  occurred or had been confirmed under the legislation which it administers. 6. Where the legislation of a Member State provides expressly or by implication that accidents at  work or occupational diseases which have occurred or have been confirmed subsequently shall be  taken into consideration in order to assess the degree of incapacity, to establish the right to any  benefit, or to determine the amount of such benefit, the competent institution of that Member State  shall also take into consideration accidents at work or occupational diseases which have occurred  or have been confirmed subsequently under the legislation of another Member State, as if they had  occurred or had been confirmed under the legislation which it administers, but only where: (1) no compensation is due in respect of the accident at work or the occupational disease which had  occurred or had been confirmed previously under the legislation which it administers; and(2) no compensation is due by virtue of the legislation of the other Member State under which  the accident at work or the occupational disease occurred or was confirmed subsequently, account  having been taken of the provisions of paragraph 5, in respect of that accident at work or that  occupational disease. Article 62Scheme applicable where there are several schemes in the country of stay or residence  - Maximum duration of benefits1. If the legislation of the country of stay or residence has  several insurance schemes, the provisions applicable Article 52 or 55 (1) shall be those of the  scheme for manual workers in the steel industry. However, if that legislation includes a special  scheme for workers in mines and similar undertakings, the provisions of that scheme shall apply to  that category of workers where the institution of the place of stay or residence to which they  submit their claim is competent to administer that scheme. 2. If the legislation of a Member State fixes a maximum period during which benefits may be  granted, the institution which administers that legislation may take into account any period during  which the benefits have already been provided by the institution of another Member State. Section 4 Reimbursements between institutionsArticle 631. The competent institution shall be  obliged to reimburse the amount of benefits in kind provided on its behalf in accordance with the  provisions of Articles 52 and 55 (1). 2. The reimbursements referred to in paragraph 1 shall be determined and made in accordance with  the procedures laid down by the implementing Regulation referred to in Article 98, on proof of  actual expenditure. 3. Two or more Member States, or the competent authorities of such States, may provide for other  methods of reimbursement or waive reimbursement between the institutions coming under their  jurisdiction. CHAPTER 5 DEATH GRANTSArticle 64Aggregation of periods of insurance or residenceThe  competent institution of a Member State whose legislation makes the acquisition, retention or  recovery of the right to death grants subject to the completion of periods of insurance or  residence shall take account, to the extent necessary, of periods of insurance or residence  completed under the legislation of any other Member State as though they had been completed under  the legislation which it administers. Article 65Right to grants where death occurs in, or where the person entitled resides in, a  Member State other than the competent State1. When an employed or self-employed person, a  pensioner or a pension claimant, or a member of his family, dies in the territory of a Member State  other than the competent State, the death shall be deemed to have occurred in the territory of the  competent State. 2. The competent institution shall be obliged to award death grants payable under the legislation  which it administers, even if the person entitled resides in the territory of a Member State other  than the competent State. 3. The provisions of paragraphs 1 and 2 shall also apply when the death is the result of an  accident at work or an occupational disease. Article 66Provision of benefits in the event of the death of a pensioner who had resided in a  Member State other than the one whose institution was responsible for providing benefits in kindIn  the event of the death of a pensioner who was entitled to a pension under the legislation of one  Member State, or to pensions under the legislations of two or more Member States, when such  pensioner was residing in the territory of a Member State other than the one whose institution was  responsible for providing him with benefits in kind under the provisions of Article 28, the death  grants payable under the legislation administered by that institution shall be provided by that  institution at its own expense as though the pensioner had been residing in the territory of the  Member State of that institution at the time of his death. The provisions of the preceding paragraph shall apply by analogy to the members of the family of a  pensioner. CHAPTER 6 UNEMPLOYMENT BENEFITSSection 1 Common provisionsArticle 67Aggregation of  periods of insurance or employment1. The competent institution of a Member State whose legislation  makes the acquisition, retention or recovery of the right to benefits subject to the completion of  periods of insurance shall take into account, to the extent necessary, periods of insurance or  employment completed as an employed person under the legislation of any other Member State, as  though they were periods of insurance completed under the legislation which it administers,  provided, however, that the periods of employment would have been counted as periods of insurance  had they been completed under that legislation. 2. The competent institution of a Member State whose legislation makes the acquisition, retention  or recovery of the right to benefits subject to the completion of periods of employment shall take  into account, to the extent necessary, periods of insurance or employment completed as an employed  person under the legislation of any other Member State, as though they were periods of employment  completed under the legislation which it administers. 3. Except in the cases referred to in Article 71 (1) (a) (ii) and (b) (ii), application of the  provisions of paragraphs 1 and 2 shall be subject to the condition that the person concerned should  have completed lastly: - in the case of paragraph 1, periods of insurance, - in the case of paragraph 2, periods of employment, in accordance with the provisions of the legislation under which the benefits are claimed. 4. Where the length of the period during which benefits may be granted depends on the length of  periods of insurance or employment, the provisions of paragraph 1 or 2 shall apply, as  appropriate. Article 68Calculation of benefits1. The competent institution of a Member State whose  legislation provides that the calculation of benefits should be based on the amount of the previous  wage or salary shall take into account exclusively the wage or salary received by the person  concerned in respect of his last employment in the territory of that State. However, if the person  concerned had been in his last employment in that territory for less than four weeks, the benefits  shall be calculated on the basis of the normal wage or salary corresponding, in the place where the  unemployed person is residing or staying, to an equivalent or similar employment to his last  employment in the territory of another Member State. 2. The competent institution of a Member State whose legislation provides that the amount of  benefits varies with the number of members of the family, shall take into account also members of  the family of the person concerned who are residing in the territory of another Member State, as  though they were residing in the territory of the competent State. This provision shall not apply  if, in the country of residence of the members of the family, another person is entitled to  unemployment benefits for the calculation of which the members of the family are taken into  consideration. Section 2 Unemployed persons going to a Member State other than the competent StateArticle  69Conditions and limits for the retention of the right to benefits1. An employed or  self-employed person who is wholly unemployed and who satisfies the conditions of the legislation  of a Member State for entitlement to benefits and who goes to one or more other Member States in  order to seek employment there shall retain his entitlement to such benefits under the following  conditions and within the following limits: (a) Before his departure, he must have been registered as a person seeking work and have remained  available to the employment services of the competent State for at least four weeks after becoming  unemployed. However, the competent services or institutions may authorize his departure before such  time has expired. (b) He must register as a person seeking work with the employment services of each of the Member  States to which he goes and be subject to the control procedure organized therein. This condition  shall be considered satisfied for the period before registration if the person concerned registered  within seven days of the date when he ceased to be available to the employment services of the  State he left. In exceptional cases, this period may be extended by the competent services or  institutions. (c) Entitlement to benefits shall continue for a maximum period of three months from the date when  the person concerned ceased to be available to the employment services of the State which he left,  provided that the total duration of the benefits does not exceed the duration of the period of  benefits he was entitled to under the legislation of that State. In the case of a seasonal worker  such duration shall, moreover, be limited to the period remaining until the end of the season for  which he was engaged. 2. If the person concerned returns to the competent State before the expiry of the period during  which he is entitled to benefits under the provisions of paragraph 1 (c), he shall continue to be  entitled to benefits under the legislation of that State; he shall lose all entitlement to benefits  under the legislation of the competent State if he does not return there before the expiry of that  period. In exceptional cases, this time limit may be extended by the competent services or  institutions. 3. The provisions of paragraph 1 may be invoked only once between two periods of employment. 4. Where the competent State is Belgium, an unemployed person who returns there after the expiry of  the three month period laid down in paragraph 1 (c), shall not requalify for benefits in that  country until he has been employed there for at least three months. Article 70Provision of benefits and reimbursements1. In the cases referred to in Article 69  (1), benefits shall be provided by the institution of each of the States to which an unemployed  person goes to seek employment. The competent institution of the Member State to whose legislation an employed or self-exmployed  person was subject at the time of his last employment shall be obliged to reimburse the amount of  such benefits. 2. The reimbursements referred to in paragraph 1 shall be determined and made in accordance with  the procedure laid down by the implementing Regulation referred to in Article 98, on proof of  actual expenditure, or by lump sum payments. 3. Two or more Member States, or the competent authorities of those States, may provide for other  methods of reimbursement or payment, or may waive all reimbursement between the institutions coming  under their jurisdiction. Section 3 Unemployed persons who, during their last employment, were residing in a Member State  other than the competent StateArticle 711. An unemployed person who was formerly employed and  who, during his last employment, was residing in the territory of a Member State other than the  competent State shall receive benefits in accordance with the following provisions: (a) (i) A frontier worker who is partially or intermittently unemployed in the undertaking which  employs him, shall receive benefits in accordance with the provisions of the legislation of the  competent State as if he were residing in the territory of that State; these benefits shall be  provided by the competent institution. (ii) A frontier worker who is wholly unemployed shall receive benefits in accordance with the  provisions of the legislation of the Member State in whose territory he resides as though he had  been subject to that legislation while last employed; these benefits shall be provided by the  institution of the place of residence at its own expense. (b) (i) An employed person, other than a frontier worker, who is partially, intermittently or  wholly unemployed and who remains available to his employer or to the employment services in the  territory of the competent State shall receive benefits in accordance with the provisions of the  legislation of that State as though he were residing in its territory; these benefits shall be  provided by the competent institution. (ii) An employed person, other than a frontier worker, who is wholly unemployed and who makes  himself available for work to the employment services in the territory of the Member State in which  he resides, or who returns to that territory, shall receive benefits in accordance with the  legislation of that State as if he had last been employed there; the institution of the place of  residence shall provide such benefits at its own expense. However, if such an employed person has  become entitled to benefits at the expense of the competent institution of the Member State to  whose legislation he was last subject, he shall receive benefits under the provisions of Article  69. Receipt of benefits under the legislation of the State in which he resides shall be suspended  for any period during which the unemployed person may, under the provisions of Article 69, make a  claim for benefits under the legislation to which he was last subject. 2. An unemployed person may not claim benefits under the legislation of the Member State in whose  territory he resides while he is entitled to benefits under the provisions of paragraph 1 (a) (i)  or (b) (i). CHAPTER 7 FAMILY BENEFITSArticle 72  (5)Aggregation of periods of insurance, employment or  self-employmentWhere the legislation of a Member State makes acquisition of the right to benefits  conditional upon completion of periods of insurance, employment or self-employment, the competent  institution of that State shall take into account for this purpose, to the extent necessary,  periods of insurance, employment or self-employment completed in any other Member State, as if they  were periods completed under the legislation which it administers. Article 72a  (6)Employed persons who have become fully unemployedAn employed person who has  become fully unemployed and to whom Article 71 (1) (a) (ii) or (b) (ii), first sentence, apply  shall, for the members of his family residing in the territory of the same Member State as he,  receive family benefits in accordance with the legislation of that State, as if he had been subject  to that legislation during his last employment, taking account, where appropriate, of the  provisions of Article 72. These benefits shall be provided by, and at the expense of, the  institution of the place of residence. Article 73  (5)Employed or self-employed persons the members of whose families reside in a  Member State other than the competent StateAn employed or self-employed person subject to the  legislation of a Member State shall be entitled, in respect of the members of his family who are  residing in another Member State, to the family benefits provided for by the legislation of the  former State, as if they were residing in that State, subject to the provisions of Annex VI. Article 74  (5)Unemployed persons the members of whose families reside in a Member State other  than the competent StateAn unemployed person who was formerly employed or self-employed and who  draws unemployment benefits under the legislation of a Member State shall be entitled, in respect  of the members of his family residing in another Member State, to the family benefits provided for  by the legislation of the former State, as if they were residing in that State, subject to the  provisions of Annex VI. Article 75  (5)Provisions of benefits1. Family benefits shall be provided, in the cases  referred to in Article 73, by the competent institution of the State to the legislation of which  the employed or self-employed person is subject and, in the cases referred to in Article 74, by the  competent institution of the State under the legislation of which an unemployed person who was  formerly employed or self-employed receives unemployment benefits. They shall be provided in  accordance with the provisions administered by such institutions, whether or not the natural of  legal person to whom such benefits are payable is residing or staying in the territory of the  competent State or in that of another Member State. 2. However, if the family benefits are not used by the person to whom they should be provided for  the maintenance of the members of the family, the competent institution shall discharge its legal  obligations by providing the said benefits to the natural or legal person actually maintaining the  members of the family, at the request of, and through the agency of, the institution of their place  of residence or of the designated institution or body appointed for this purpose by the competent  authority of the country of their residence. 3. Two or more Member States may agree, in accordance with the provisions of Article 8, that the  competent institution shall provide the family benefits due under the legislation of those States  or of one of those States to the natural or legal person actually maintaining the members of the  family, either directly or through the agency of the institution of their place of residence. Article 76  (5)Rules or priority in cases of overlapping entitlement to family benefits under  the legislation of the competent State and under the legislation of the Member State of residence  of the members of the family1. Where, during the same period, for the same family member and by  reason of carrying on an occupation, family benefits are provided for by the legislation of the  Member State in whose territory the members of the family are residing, entitlement to the family  benefits due in accordance with the legislation of another Member State, if appropriate under  Articles 73 or 74, shall be suspended up to the amount provided for in the legislation of the first  Member State. 2. If an application for benefits is not made in the Member States in whose territory the members  of the family are residing, the competent institution of the other Member State may apply the  provisions of paragraph 1 as if benefits were granted in the first Member State. CHAPTER 8 BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANSArticle 77Dependent  children of pensioners1. The term 'benefits`, for the purposes of this Article, shall mean family  allowances for persons receiving pensions for old age, invalidity or an accident at work or  occupational disease, and increases or supplements to such pensions in respect of the children of  such pensioners, with the exception of supplements granted under insurance schemes for accidents at  work and occupational diseases. 2. Benefits shall be granted in accordance with the following rules, irrespective of the Member  State in whose territory the pensioner or the children are residing: (a) to a pensioner who draws a pension under the legislation of one Member State only, in  accordance with the legislation of the Member State responsible for the pension; (b) to a pensioner who draws pensions under the legislation of more than one Member State: (i) in accordance with the legislation of whichever of these States he resides in provided that,  taking into account, where appropriate, the provisions of Article 79 (1) (a), a right to one of the  benefits referred to in paragraph 1 is acquired under the legislation of that State; or(ii) in other cases in accordance with the legislation of the Member State to which he has been  subject for the longest period of time, provided that, taking into account, where appropriate, the  provisions of Article 79 (1) (a), a right to one of the benefits referred to in paragraph 1 is  acquired under such legislation; if no right to benefit is acquired under that legislation, the  conditions for the acquisition of such right under the legislations of the other Member States  concerned shall be examined in decreasing order of the length of periods of insurance or residence  completed under the legislation of those Member States. Article 78Orphans1. The term 'benefits`, for the purposes of this Article, means family  allowances and, where appropriate, supplementary or special allowances for orphans and orphans'  pensions except those granted under insurance schemes for accidents at work and occupational  diseases. 2. Orphans' benefits shall be granted in accordance with the following rules, irrespective of the  Member State in whose territory the orphan or the natural or legal person actually maintaining him  is resident: (a) for the orphan of a deceased employed or self-employed person who was subject to the  legislation of one Member State only in accordance with the legislation of that State; (b) for the orphan of a deceased employed or self-employed person who was subject to the  legislation of several Member States: (i) in accordance with the legislation of the Member State in whose territory the orphan resides  provided that, taking into account, where appropriate, the provisions of Article 79 (1) (a), a  right to one of the benefits referred to in paragraph 1 is acquired under the legislation of that  State; or(ii) in other cases in accordance with the legislation of the Member State to which the deceased  had been subject for the longest period of time, provided that, taking into account, where  appropriate, the provisions of Article 79 (1) (a), the right to one of the benefits referred to in  paragraph 1 is acquired under the legislation of that State; if no right is acquired under that  legislation, the conditions for the acquisition of such right under the legislations of the other  Member States shall be examined in decreasing order of the length of periods of insurance or  residence completed under the legislation of those Member States. However, the legislation of the Member State applicable in respect of provision of the benefits  referred to in Article 77 for a pensioner's children shall remain applicable after the death of the  said pensioner in respect of the provision of the benefits to his orphans. Article 79  (4)Provisions common to benefits for dependent children of pensioners and for  orphans1. Benefits, within the meaning of Articles 77 and 78, shall be provided in accordance with  the legislation determined by applying the provisions of those Articles by the institution  responsible for administering such legislation and at its expense as if the pensioner or the  deceased had been subject only to the legislation of the competent State. However: (a) if that legislation provides that the acquisition, retention or recovery of the right to  benefits shall be dependent on the length of periods of insurance, employment, self-employment or  residence such length shall be determined taking into account, where appropriate, the provisions of  Article 45 or, as the case may be, Article 72; (b) if that legislation provides that the amount of benefits shall be calculated on the basis of  the amount of the pension, or shall depend on the length of periods of insurance the amount of  these benefits shall be calculated on the basis of the theoretical amount determined in accordance  with the provisions of Article 46 (2). 2. In a case where the effect of applying the rule laid down in Articles 77 (2) (b) (ii) and 78 (2)  (b) (ii) would be to make several Member States competent, the length of the periods being equal,  benefits within the meaning of Article 77 or 78, as the case may be, shall be granted in accordance  with the legislation of the Member States to which the pensioner or the deceased was last subject. 3. The right to benefits due only under the national legislation or under the provisions of  paragraph 2 and under Articles 77 and 78 shall be suspended if the children become entitled to  family benefits or family allowances under the legislation of a Member State by virtue of the  pursuit of a professional or trade activity. In such a case, the persons concerned shall be  considered as members of the family of an employed or self-employed person. TITLE IV ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT  WORKERSArticle 80Composition and working methods1. There shall be attached to the Commission  of the European Communities, an Administrative Commission on Social Security for Migrant Workers  (hereinafter called 'the Administrative Commission`) made up of a government representative of each  of the Member States, assisted, where necessary, by expert advisers. A representative of the  Commission of the European Communities shall attend the meetings of the Administrative Commission  in an advisory capacity. 2. The Administrative Commission shall be assisted in technical matters by the International Labour  Office under the terms of the agreements concluded to that end between the European Economic  Community and the International Labour Organization. 3. The rules of the Administrative Commission shall be drawn up by mutual agreement among its  members. Decisions on questions of interpretation referred to in Article 81 (a) shall be unanimous. They  shall be given the necessary publicity. 4. Secretarial services shall be provided for the Administrative Commission by the Commission of  the European Communities. Article 81Tasks of the Administrative CommissionThe Administrative Commission shall have the  following duties: (a) to deal with all administrative questions and questions of interpretation arising from the  provisions of this Regulation and subsequent Regulations, or from any agreement or arrangement  concluded thereunder, without prejudice to the right of the authorities, institutions and persons  concerned to have recourse to the procedures and tribunals provided for by the legislations of  Member States, by this Regulation or by the Treaty; (b) to carry out all translations of documents relating to the implementation of this Regulation at  the request of the competent authorities, institutions and tribunals of the Member States, and in  particular translations of claims submitted by persons who may be entitled to benefit under the  provisions of this Regulation; (c) to foster and develop cooperation between Member States in social security matters,  particularly in respect of health and social measures of common interest; (d) to foster and develop cooperation between Member States with a view to expediting, taking into  account developments in administrative management techniques, the award of benefits, in particular  those due under the provisions of this Regulation for invalidity, old age and death (pensions); (e) to assemble the factors to be taken into consideration for drawing up accounts relating to the  costs to be borne by the institutions of the Member States under the provisions of this Regulation  and to adopt the annual accounts between the said institutions; (f) to undertake any other function coming within its competence under the provisions of this and  of subsequent Regulations or any agreement or arrangement made thereunder; (g) to submit proposals to the Commission of the European Economic Community for working out  subsequent Regulations and for the revision of this and subsequent Regulations. TITLE V ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERSArticle 82   (A)Establishment, composition and working methods1. An Advisory Committee on Social Security  for Migrant Workers (hereinafter called 'the Advisory Committee`) is hereby established, with 72  members comprising, from each Member State: (a) two representatives of the government, of whom one at least must be a member of the  Administrative Commission; (b) two representatives of trade unions; (c) two representatives of employers' organizations. For each of the categories referred to above, an alternate member shall be appointed for each  Member State. 2. Members of the Advisory Committee and their alternates shall be appointed by the Council which  shall endeavour, when selecting representatives of trade unions and employers' organizations, to  achieve an equitable representation on the Committee of the various sectors concerned. The list of members and their alternates shall be published by the Council in the Official Journal  of the European Communities. 3. The term of office for members and alternates shall be two years. Their appointments may be  renewed. On expiry of their term of office, members and alternates shall remain in office until  they are replaced or until their appointments are renewed. 4. The Advisory Committee shall be chaired by a member of the Commission or his representative. The  chairman shall not vote. 5. The Advisory Committee shall meet at least once each year. It shall be convened by its chairman,  either on his own initiative or on written application to him by at least one-third of the members.  Such application must include concrete proposals concerning the agenda. 6. Acting on a proposal from its chairman, the Advisory Committee may decide, in exceptional  circumstances, to take advice from any persons or representatives of organizations with extensive  experience in social security matters. Furthermore, the Committee shall receive technical  assistance from the International Labour Office under the same conditions as the Administrative  Commission, under the terms of the agreement concluded between the European Economic Community and  the International Labour Organization. 7. The opinions and proposals of the Advisory Committee must state the reasons on which they are  based. They shall be delivered by an absolute majority of the votes validly cast. The Committee shall, by a majority of its members, draw up its rules of procedure which shall be  approved by the Council, after receiving the opinion of the Commission. 8. Secretarial services shall be provided for the Advisory Committee by the Commission of the  European Communities. Article 83Tasks of the Advisory CommitteeThe Advisory Committee shall be empowered, at the  request of the Commission of the European Communities, of the Administrative Commission or on its  own initiative: (a) to examine general questions or questions of principle and problems arising from the  implementation of the Regulations adopted within the framework of the provisions of Article 51 of  the Treaty; (b) to formulate opinions on the subject for the Administrative Commission and proposals for any  revision of the Regulations. TITLE VI MISCELLANEOUS PROVISIONSArticle 84  (4)Cooperation between  competent authorities1. The competent authorities of Member States shall communicate to each other  all information regarding: (a) measures taken to implement this Regulation; (b) changes in their legislation which are likely to affect the implementation of this Regulation. 2. For the purposes of implementing this Regulation, the authorities and institutions of Member  States shall lend their good offices and act as though implementing their own legislation. The  administrative assistance furnished by the said authorities and institutions shall, as a rule, be  free of charge. However, the competent authorities of the Member States may agree to certain  expenses being reimbursed. 3. The authorities and institutions of Member States may, for the purpose of implementing this  Regulation, communicate directly with one another and with the persons concerned or their  representatives. 4. The authorities, institutions and tribunals of one Member State may not reject claims or other  documents submitted to them on the grounds that they are written in an official language of another  Member State. They shall have recourse where appropriate to the provisions of Article 81 (b). 5. (a) Where, under this Regulation or under the implementing Regulation referred to in Article 98,  the authorities or institutions of a Member State communicate personal data to the authorities or  institutions of another Member State, that communication shall be subject to the legal provisions  governing protection of data laid down by the Member State providing the data. Any subsequent transmission as well as the storage, alteration and destruction of the data shall be  subject to the provisions of the legislation on data protection of the receiving Member State. (b) The use of personal data for purposes other than those of social security shall be subject to  the approval of the person concerned or in accordance with the other guarantees provided for by  national legislation. Article 85Exemptions from or reductions of taxes - Exemption from authentication1. Any  exemption from or reduction of taxes, stamp duty, notarial or registration fees provided for in the  legislation of one Member State in respect of certificates or documents required to be produced for  the purposes of the legislation of that State shall be extended to similar documents required to be  produced for the purposes of the legislation of another Member State or of this Regulation. 2. All statements, documents and certificates of any kind whatsover required to be produced for the  purposes of this Regulation shall be exempt from authentication by diplomatic or consular  authorities. Article 86Claims, declarations or apppeals submitted to an authority, institution or tribunal of  a Member State other than the competent StateAny claim, declaration or appeal which should have  been submitted, in order to comply with the legislation of one Member State, within a specified  period to an authority, institution or tribunal of that State shall be admissible if it is  submitted within the same period to a corresponding authority, institution or tribunal of another  Member State. In such a case the authority, institution, or tribunal receiving the claim,  declaration or appeal shall forward it without delay to the competent authority, institution or  tribunal of the former State either directly or through the competent authorities of the Member  State concerned. The date on which such claims, declarations or appeals were submitted to the  authority, institution or tribunal of the second State shall be considered as the date of their  submission to the competent authority, institution or tribunal. Article 87Medical examinations1. Medical examinations provided for by the legislation of one  Member State may be carried out at the request of the competent institution, in the territory of  another Member State, by the institution of the place of stay or residence of the person entitled  to benefits, under conditions laid down in the implementing Regulation referred to in Article 98  or, failing these, under conditions agreed upon between the competent authorities of the Member  States concerned. 2. Medical examinations carried out under the conditions laid down in paragraph 1 shall be  considered as having been carried out in the territory of the competent State. Article 88Transfers from one Member State to another of sums of money payable pursuant to this  RegulationSubject to the provisions of Article 106 of the Treaty, money transfers effected in  accordance with this Regulation shall be made in accordance with the relevant agreements in force  between the Member States concerned at the time of transfer. Where no such agreements are in force  between two Member States, the competent authorities of the said States or the authorities  responsible for international payments shall, by mutual agreement, determine the measures necessary  for effecting such transfers. Article 89Special procedures for implementing certain legislationsSpecial procedures for  implementing the legislations of certain Member States are set out in Annex VI. Article 90  (5). . . . . . Article 91Contributions chargeable to employers or undertakings not established in the competent  StateAn employer shall not be bound to pay increased contributions by reason of the fact that his  place of business or the registered office or place of business of his undertaking is in the  territory of a Member State other than the competent State. Article 92Collection of contributions1. Contributions payable to an institution of one Member  State may be collected in the territory of another Member State in accordance with the  administrative procedure and with the guarantees and privileges applicable to the collection of  contributions payable to the corresponding institution of the latter State. 2. The procedure for the implementation of the provisions of paragraph 1 shall be governed, in so  far as is necessary, by the implementing Regulation referred to in Article 98 or by means of  agreements between Member States. Such implementing procedure may also cover procedure for  enforcing payment. Article 93Rights of institutions responsible for benefits against liable third parties1. If a  person receives benefits under the legislation of one Member State in respect of an injury  resulting from an occurence in the territory of another State, any rights of the institution  responsible for benefits against a third party bound to compensate for the injury shall be governed  by the following rules: (a) Where the institution responsible for benefits is, by virtue of the legislation which it  administers, subrogated to the rights which the recipient has against the third party, such  subrogation shall be recognized by each Member State. (b) Where the said institution has direct rights against the third party, such rights shall be  recognized by each Member State. 2. If a person receives benefits under the legislation of one Member State in respect of an injury  resulting from an occurrence in the territory of another Member State, the provisions of the said  legislation which determine in which cases the civil liability of employers or of the persons  employed by them is to be excluded shall apply with regard to the said person or to the competent  institution. The provisions of paragraph 1 shall also apply to any rights of the institution responsible for  benefit against an employer or the persons employed by him in cases where their liability is not  excluded. 3. Where, in accordance with the provisions of Article 36 (3) and/or Article 63 (3), two or more  Member States or the competent authorities of those States have concluded an agreement to waive  reimbursement between institutions under their jurisdiction, any rights arising against a liable  third party shall be governed by the following rules: (a) Where the institution of the Member State of stay or residence awards benefits to a person in  respect of an injury which was sustained within its territory, that institution, in accordance with  the legislation which it administers, shall exercise the right to subrogation or direct action  against the third party liable to provide compensation for the injury. (b) For the purpose of implementing (a): (i) the person receiving benefits shall be deemed to be insured with the institution of the place  of stay or residence, and(ii) that institution shall be deemed to be the debtor institution. (c) The provisions of paragraphs 1 and 2 shall remain applicable in respect of any benefits not  covered by the waiver agreement referred to in this paragraph. TITLE VII TRANSITIONAL AND FINAL PROVISIONSArticle 94  (4) (5) (6) (8) (9)Transitional  provisions for employed persons1. N° right shall be acquired under this Regulation in respect of a  period prior to 1 October 1972 or to the date of its application in the territory of the Member  State concerned or in a part of the territory of that State. 2. All periods of insurance and, where appropriate, all periods of employment or residence  completed under the legislation of a Member State before 1 October 1972 or before the date of its  application in the territory of that Member State or in a part of the territory of that State shall  be taken into consideration for the determination of rights acquired under the provisions of this  Regulation. 3. Subject to the provisions of paragraph 1, a right shall be acquired under this Regulation even  though it relates to a contingency which materialized prior to 1 October 1972 or to the date of its  application in the territory of the Member State concerned or in a part of the territory of that  State. 4. Any benefit which has not been awarded or which has been suspended by reason of the nationality  or place of residence of the person concerned shall, on the application of the person concerned, be  awarded or resumed with effect from 1 October 1972 or the date of its application in the territory  of the Member State concerned or in a part of the territory of that State, provided that the rights  previously determined have not given rise to a lump sum payment. 5. The rights of a person to whom a pension was awarded prior to 1 October 1972 or to the date of  its application in the territory of the Member State concerned or in a part of the territory of  that State may, on the application of the person concerned, be reviewed, taking into account the  provisions of this Regulation. This provision shall also apply to the other benefits referred to  Article 78. 6. If an application referred to in paragraph 4 or 5 is submitted within two years from 1 October  1972 or from the date of its application in the territory of the Member State concerned, the rights  acquired under this Regulation shall have effect from that date, and the provisions of the  legislation of any Member State concerning the forfeiture or limitation of rights may not be  invoked against the persons concerned. The same provisions shall apply as regards the application of this Regulation in those territories  which became a part of the Federal Republic of Germany on 3 October 1990 provided that the  application referred to in paragraph 4 or 5 is submitted within two years of 1 June 1992. 7. If an application referred to in paragraph 4 or 5 is submitted after the expiry of the two-year  period after 1 October 1972 or following the date of its application in the territory of the Member  State concerned, rights which have not been forfeited or which are not time barred shall have  effect from the date on which the application was submitted, except where more favourable  provisions of the legislation of any Member State apply. The same provisions shall apply as regards the application of this Regulation in those territories  which became a part of the Federal Republic of Germany on 3 October 1990 provided that the  application referred to in paragraph 4 or 5 is submitted after two years have elapsed from 1 June  1992. 8. In cases of sclerogenic pneumoconiosis, the provision of Article 57 (5) shall apply to cash  benefits for an occupational disease the expense of which, in the absence of agreement between the  institutions concerned, could not be divided between those institutions before 1 October 1972. 9. The family allowances received by employed persons employed in France or unemployed workers  receiving unemployment benefits under French legislation in respect of the members of their  families residing in another Member State on the date of 15 November 1989 shall continue to be paid  at the rates, within the limits and according to the procedures applicable on that date as long as  their amount exceeds that of the benefits that would be due as from the date of 16 November 1989  and as long as the persons concerned are subject to French legislation. Account shall not be taken  of interruptions lasting less than one month, nor of periods during which unemployment or sickness  is drawn.The procedure for implementing this paragraph and in particular the sharing of the cost of these  allowances shall be determined by mutual agreement between the Member States concerned or by their  competent authorities, after the Administrative Commission has delivered an opinion. 10. The rights of persons to whom a pension was awarded prior to the entry into force of Article 45  (6) may be reviewed at their request subject to the provisions of Article 45 (6). Article 95  (3) (9)Transitional provisions for self-employed persons1. N° right shall be  acquired under this Regulation in respect of a period prior to 1 July 1982 or to the date of its  implementation in the territory of the Member State concerned or in a part of the territory of that  State. 2. All insurance periods and, where appropriate, all periods of employments, of self-employment or  of residence completed under the legislation of a Member State before 1 July 1982 or before the  date of implementation of this Regulation in the territory of that Member State or in a part of the  territory of that State shall be taken into consideration for the determination of rights acquired  under this Regulation. 3. Subject to paragraph 1, a right shall be acquired under this Regulation even though it relates  to a contingency which materialized prior to 1 July 1982 or to the date of implementation of this  Regulation in the territory of the Member States concerned or in a part of the territory of that  State. 4. Any benefit which has not been awarded or which has been suspended by reason of the nationality  or place of residence of the person concerned shall, on the application of the person concerned, be  awarded or resumed with effect from 1 July 1982 or from the date of implementation of this  Regulation in the territory of the Member State concerned or in a part of the territory of that  State, provided that the rights previously determined have not given rise to a lump-sum payment. 5. The rights of a person to whom a pension was awarded prior to 1 July 1982 or to the date of  implementation of this Regulation in the territory of the Member State concerned or in a part of  the territory of that State may, on the application of the person concerned, be reviewed, taking  into account this Regulation. This provision shall also apply to the other benefits referred to in  Article 78. 6. If an application referred to in paragraph 4 or 5 is submitted within two years of 1 July 1982  or of the date of implementation of this Regulation in the territory of the Member State concerned,  the rights acquired under this Regulation shall have effect from that date, and the provisions of  the legislation of any Member State concerning the forfeiture or limitation of rights may not be  invoked against the persons concerned. The same provisions shall apply as regards the application of this Regulation in those territories  which became a part of the Federal Republic of Germany on 3 October 1990 provided that the  application referred to in paragraph 4 or 5 is submitted within two years of 1 June 1992. 7. If an application referred to in paragraph 4 or 5 is submitted after the expiry of the two-year  period from 1 July 1982 or following the date of implementation of this Regulation in the territory  of the Member State concerned, rights which have not been forfeited or are not barred by limitation  shall have effect from the date on which the application was submitted, except where more  favourable provisions of the legislation of any Member State apply. The same provisions shall apply as regards the application of this Regulation in those territories  which became a part of the Federal Republic of Germany on 3 October 1990 provided that the  application referred to in paragraph 4 or 5 is submitted after two years have elapsed from 1 June  1992. Article 95a  (8)Transitional provisions for application of Regulation (EEC) No 1248/92 (1)1.  Under Regulation (EEC) No 1248/92 no right shall be acquired for a period prior to 1 June 1992. 2. All insurance periods or periods of residence completed under the legislation of a Member State  before 1 June 1992 shall be taken into consideration for the determination of rights to benefits  persuant to Regulation (EEC) No 1248/92. 3. Subject to paragraph 1, a right shall be acquired under Regulation (EEC) No 1248/92 even though  relating to a contingency which materialized prior to 1 June 1992. 4. The rights of a person to whom a pension was awarded prior to 1 June 1992 may, on the  application of the person concerned, be reviewed, taking into account the provisions of Regulation  (EEC) No 1248/92. 5. If an application referred to in paragraph 4 is submitted within two years from 1 June 1992 the  rights acquired under Regulation (EEC) No 1248/92 shall have effect from that date, and the  provisions of the legislation of any Member State concerning the forfeiture or limitation of rights  may not be invoked against the persons concerned. 6. If the application referred to in paragraph 4 is submitted after the expiry of the two-year  period after 1 June 1992, rights which have not been forfeited or not barred by limitation shall  have effect from the date on which the application was submitted, except where more favourable  provisions of the legislation of any Member State apply. Article 96Agreements relating to reimbursement between institutionsThe Agreements concluded  pursuant to Articles 36 (3), 63 (3) and 70 (3) before 1 July 1982 shall apply likewise to persons  to whom the scope of the present Regulation was extended on that date, except in the event of an  objection by one of the contracting Member States to these Agreements. This objection shall be taken into account if the competent authority of that Member State informs  the competent authority of the other Member State(s) concerned in writing before 1 October 1983. A  copy of this communication shall be forwarded to the Administrative Commission. Article 97Notification pursuant to certain provisions1. The notifications referred to in  Articles 1 (j), 5 and 8 (2) shall be addressed to the President of the Council of the European  Communities. They shall indicate the date of entry into force of the laws and schemes in question  or, in the case of the notifications referred to in Article 1 (j), the date from which this  Regulation shall apply to the schemes mentioned in the declarations of the Member States.2. Notifications received in accordance with the provisions of paragraph 1 shall be published in  the Official Journal of the European Communities. Article 98Implementing RegulationA further Regulation shall lay down the procedure for  implementing this Regulation. Article 99  (5). . . . . . Article 100Repeal of previous RegulationsThis Regulation and the implementing Regulation shall  repeal the following Regulations: - Council Regulation No 3 concerning social security for migrant workers (1), - Council Regulation No 4 laying down implementing procedures and supplementary provisions in  respect of Regulation No 3 (2), and- Council Regulation No 36/63/EEC of 2 April 1963 concerning social security for frontier  workers (3). (1) OJ N° L 136, 19. 5. 1992, p. 7. (1) OJ No 30, 16. 12. 1958, pp. 561 and 597/58. (2) OJ No 30, 16. 12. 1958, pp. 597/58. (3) OJ No 62, 20. 4. 1963, p. 1314/63. ANNEX I (A) (5) (6)PERSONS COVERED BY THE REGULATION I. Employed persons and/or  self-employed persons (Article 1 (a) (ii) and (iii) of the Regulation)A. BELGIUMDoes not apply. B. DENMARK1. Any person who, from the fact of pursuing an activity as an employed person, is  subject: (a) to the legislation on accidents at work and occupational diseases for the period prior to 1  September 1977; (b) to the legislation on supplementary pensions for employed persons (arbejdsmarkedets  tillaegspension, ATP) for a period commencing on or after 1 September 1977, shall be considered as  an employed person within the meaning of Article 1 (a) (ii) of the Regulation. 2. Any person who, pursuant to the law on daily cash benefits in the event of sickness or  maternity, is entitled to such benefits on the basis of an earned income other than a wage or  salary shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the  Regulation. C. GERMANYIf the competent institution for granting family benefits in accordance with Chapter 7  of Title III of the Regulation is a German institution, then within the meaning of Article 1 (a)  (ii) of the Regulation: (a) 'employed person` means compulsorily insured against unemployment or any person who, as a  result of such insurance, obtains cash benefits under sickness insurance or comparable benefits; (b) 'self-employed person` means any person pursuing self-employment which is bound: - to join, or pay contributions in respect of, an old-age insurance within a scheme for  self-employed persons, or- to join a scheme within the framework of compulsory pension insurance. D. SPAINDoes not apply. E. FRANCEIf a French institution is the competent institution for the grant of family benefits in  accordance with Title III, Chapter 7 of the Regulation: 1. 'employed person` within the meaning of Article 1 (a) (ii) of the Regulation shall be deemed to  mean any person who is compulsorily insured under the social security scheme in accordance with  Article L 311-2 of the Social Security Code and who fulfils the minimum conditions regarding work  or remuneration provided for in Article L 313-1 of the Social Security Code in order to benefit  from cash benefits under sickness insurance, maternity and invalidity cover or the person who  benefits from these cash benefits; 2. 'self-employed person` within the meaning of Article 1 (a) (ii) of the Regulation shall be  deemed to mean any person who performs a self-employed activity and who is required to take out  insurance and to pay old-age benefit contributions to a self-employed persons' scheme. F. GREECE1. Persons insured under the OGA scheme who pursue exclusively activities as employed  persons or who are or have been subject to the legislation of another Member State and who  consequently are or have been 'employed persons` within the meaning of Article 1 (a) of the  Regulation are considered as employed persons within the meaning of Article 1 (a) (iii) of the  Regulation. 2. For the purposes of granting the national family allowances, persons referred to in Article 1  (a) (i) and (iii) of the Regulation are considered as employed persons within the meaning of  Article 1 (a) (ii) of the Regulation. G. IRELAND1. Any person who is compulsorily or voluntarily insured pursuant to the provisions of  Sections 5 and 37 of the Social Welfare (Consolidation) Act 1981 shall be considered an employed  person within the meaning of Article 1 (a) (ii) of the Regulation. 2. Any person who is pursuing a professional or trade activity without a contract of employment or  who has retired from such activity shall be considered a self-employed person within the meaning of  Article 1 (a) (ii) of the Regulation. As regards sickness benefits in kind, the person concerned  must also be entitled to such benefits under Section 45 or 46 of the Health Act 1970. H. ITALYDoes not apply. I. LUXERMBOURGDoes not apply. J. NETHERLANDSAny person pursuing an activity or occupation without a contract of employment shall  be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. K. PORTUGALDoes not apply. L. UNITED KINGDOMAny person who is an 'employed earner` or a 'self-employed earner` within the  meaning of the legislation of Great Britain or of the legislation of Northern Ireland shall be  regarded respectively as an employed person or a self-employed person within the meaning of Article  1 (a) (ii) of the Regulation. Any person in respect of whom contributions are payable as an  'employed person` or a 'self-employed person` in accordance with the legislation of Gibraltar shall  be regarded respectively as an employed person or a self-employed person within the meaning of  Article 1 (a) (ii) of the Regulation. II. Members of the family (Second sentence of Article 1 (f) of the Regulation)A. BELGIUMDoes not  apply. B. DENMARKFor the purpose of determining entitlement to benefits in kind pursuant to Articles 22  (1) (a) and 31 of the Regulation, 'member of the family` means any person regarded as a member of  the family under the law on the Public Health Service. C. GERMANYDoes not apply. D. SPAINDoes not apply. E. FRANCEThe term 'member of the family` means any person mentioned in Article L 512-3 of the  Social Security Code. F. GREECEDoes not apply. G. IRELANDFor the purpose of determining entitlement to benefits in kind pursuant to Articles 22  (1) (a) and 31 of the Regulation, 'member of the family` means any person regarded as a dependant  of the employed or self-employed person for the purposes of the Health Acts 1947 to 1970. H. ITALYDoes not apply. I. LUXEMBOURGDoes not apply. J. NETHERLANDSDoes not apply. K. PORTUGALDoes not apply. L. UNITED KINGDOMFor the purpose of determining entitlement to benefits in kind pursuant to  Articles 22 (1) (a) and 31 of the Regulation, 'member of the family` means: (a) as regards the legislation of either Great Britain or Northern Ireland, any person regarded as  a dependant within the meaning of the Social Security Act 1975 or, as the case may be, the Social  Security (Northern Ireland) Act 1975; (b) as regards the legislation of Gibraltar, any person regarded as a dependant within the meaning  of the Medical (Gibraltar Health Authority) Ordinance 1987. ANNEX II (A) (5) (7) (9)(Article 1 (j) and (u) of the Regulation)I. Special schemes for  self-employed persons excluded from the scope of the Regulation pursuant to the fourth  sub-paragraph of Article 1 (j)A. BELGIUMDoes not apply. B. DENMARKDoes not apply. C. GERMANYInsurance and welfare institutions (Versicherungs- und Versorgungswerke) for doctors,  dentists, veterinary surgeons, dispensing chemists, barristers and counsel, patent agents  (Patentanwaelte), notaries public, auditors (Wirtschaftspruefer), tax consultants and advisers  (Steuerbevollmaechtigte), sea pilots (Seelotsen) and architects, set up pursuant to legislation of  the Laender, and other insurance and welfare institutions, in particular welfare  (Fuersorgeeinrichtungen) and the system for extending fee-sharing (erweiterte Honorarverteilung). D. SPAIN1. Free welfare systems, which complement or supplement the social security systems,  administered by institutions governed by the General Law on Social Security of 6 December 1941 and  its Regulation of 26 May 1943: (a) either with regard to benefits which complement or supplement those of social security, or(b) with regard to mutual insurance associations for whose integration into the social security  system there is no provision under point 7 of the sixth transitional provision of the General Law  on Social Security of 30 May 1974, and which consequently are not substituted for the institutions  of the compulsory social security system. 2. Welfare system and/or with the character of social assistance or a charity, managed by  institutions not subject to the General Law on Social Security or to the Law of 6 December 1941. E. FRANCE1. Self-employed persons outside the agricultural sphere: (a) The supplementary old-age insurance schemes and the invalidity and death insurance schemes for  self-employed persons, such as are mentioned in Articles L 658, L 659, L 663-11, L 663-12, L 682  and L 683-1 of the Social Security Code. (b) The additional benefits referred to in Article 9 of Law N° 66.509 of 12 July 1966. 2. Self-employed persons in agriculture: The types of insurance set out in Articles 1049 and 1234.19 of the Rural Code, concerning, on the  one hand, sickness, maternity and old-age, on the other, accidents at work and occupational  diseases of self-employed persons in agriculture. F. GREECEDoes not apply. G. IRELANDDoes not apply. H. ITALYDoes not apply. I. LUXEMBOURGDoes not apply. J. NETHERLANDSDoes not apply. K. PORTUGALDoes not apply. L. UNITED KINGDOMDoes not apply. II. Special childbirth allowances excluded from the scope of the Regulation pursuant to Article 1  (u)A. BELGIUMChildbirth allowance. B. DENMARKNone. C. GERMANYNone. D. SPAINNone. E. FRANCEThe allowance for young children provided until the age of three months. F. GREECENone. G. IRELANDNone. H. ITALYNone. I. LUXEMBOURG(a) antenatal allowance; (b) childbirth allowance. J. NETHERLANDSNone. K. PORTUGALNone. L. UNITED KINGDOMNone. III. Special non-contributory benefits within the meaning of Article 4 (2b) which do not fall  within the scope of the RergulationA. BELGIUMNone. B. DENMARKNone. C. GERMANY(a) Benefits granted under Laender legislation for the disabled, and in particular for  the blind. (b) The social supplement under the Law of 28 June 1990 on the alignment of pensions. D. SPAINNone. E. FRANCENone. F. GREECENone. G. IRELANDNone. H. ITALYNone. I. LUXEMBOURGNone. J. NETHERLANDSNone. K. PORTUGALNone. L. UNITED KINGDOMNone. ANNEX IIa(Article 10a of the Regulation)A. BELGIUM(a) Allowances for disabled persons  (Law of 27 February 1987). (b) Guaranteed income for elderly persons (Law of 1 April 1969). (c) Guaranteed family benefits (Law of 20 July 1971). B. DENMARKNone. C. GERMANYNone. D. SPAIN(a) Benefits under the Law on the social integration of disabled persons (Law N° 13/82 of  7 April 1982). (b) Cash benefits to assist the elderly and invalids unable to work (Royal Decree N° 2620/81 of 24  July 1984). (c) Non-contributory disablement and retirement pensions and dependent child benefits as provided  for in Articles 132 (1), 136a, 137a, 138a, 154a, 155a, 156a, 167, 168 (2), 169 and 170 of the  General Law on Social Security, as amended by Law N° 26/90 of 20 December 1990 establishing  non-contributory social security benefits. E. FRANCE(a) Supplementary allowance from the National Solidarity Fund (Law of 30 June 1956). (b) Disabled adults' allowance (Law of 30 June 1975). (c) The special allowance (Law of 10 July 1952). F. GREECE(a) Special benefits for elderly persons (Law 1296/82). (b) Allowance for children of non-working mothers whose husbands have been called up for military  service (Law 1483/84, Article 23(1)). (c) Allowance for children of non-working mothers whose husbands are in prison (Law 1483/84,  Article 23(2)). (d) Allowance for persons suffering from congenital hemolytic anaemia (Decree-law 321/69; common  ministerial order G4a/F.222/oik.2204). (e) Allowance for the deaf and dumb (Exceptional law 421/37; common ministerial order  G4b/F.422/oik.2205). (f) Allowance for seriously disabled persons (Decree-law 162/73; common ministerial order  G4a/F.225//oik.161). (g) Allowance for spasmophiliacs (Decree-law 162/72; common ministerial order G4a/F.224/oik.2207). (h) Allowance for persons suffering from a serious mental disability (Decree-law 162/73; common  ministerial order G4b/423/oik.2208). (i) Allowance for the blind (Law 958/79; common ministerial order G4b/F.421/oik.2209). G. IRELAND(a) Unemployment assistance (Social Welfare (Consolidation) Act 1981, Part III, Chapter  2). (b) Old age and blind pensions (non-contributory) (Social Welfare (Consolidation) Act 1981, Part  III, Chapter 3). (c) Widows' and orphans' pensions (non-contributory) (Social Welfare (Consolidation) Act 1981, Part  III, Chapter 4). (d) Lone parent's allowance (Social Welfare Act 1990, Part III). (e) Carer's allowance (Social Welfare Act 1990, Part IV). (f) Family income supplement (Social Welfare Act 1984, Part III). (g) Disabled person's maintenance allowance (Health Act 1970, Section 69). (h) Mobility allowance (Health Act 1970, Section 61). (i) Infectious diseases maintenance allowance (Health Act 1947, Sections 5 and 44(5)). (j) Domiciliary care allowance (Health Act 1970, Section 61). (k) Blind welfare allowance (Blind Persons Act 1920, Chapter 49). (l) Disabled person's rehabilitation allowance (Health Act 1970, Sections 68, 69 and 72). H. ITALY(a) Social pensions for persons without means (Law No 153 of 30 April 1969). (b) Pensions and allowances for the civilian disabled or invalids (Laws No 118 of 30 March 1974, No  18 of 11 February 1980 and No 508 of 23 November 1988). (c) Pensions and allowances for the deaf and dumb (Laws No 381 of 26 May 1970 and No 508 of 23  November 1988). (d) Pensions and allowances for the civilian blind (Laws No 382 of 27 May 1970 and No 508 of 23  November 1988). (e) Benefits supplementing the minimum pension (Laws No 638 of 11 November 1983 and No 407 of 29  December 1990). (f) Benefits supplementing disability allowances (Law No 222 of 12 June 1984). (g) Monthly allowances for continuous personal assistance for those receiving pensions for  incapacity for work (Law No 222 of 12 June 1984). I. LUXEMBOURG(a) Compensatory cost of living allowance (Law of 13 June 1975). (b) Special severe disablement allowance (Law of 16 April 1979). (c) Maternity allowance (Law of 30 April 1980). J. NETHERLANDSNone. K. PORTUGAL(a) Non-contributory family allowances (Decree-Law No 160/80 of 27 May 1980). (b) Nursing mother's allowance (Decree-Law No 160/80 of 27 May 1980). (c) Supplementary allowance for disabled children and young people (Decree-Law No 160/80 of 27 May  1980). (d) Allowance for attendance at special schools (Decree-Law No 160/80 of 27 May 1980). (e) Non-contributory orphan's pension (Decree-Law No 160/80 of 27 May 1980). (f) Non-contributory invalidity pension (Decree-Law No 464/80 of 13 October 1980). (g) Non-contributory old-age pension (Decree-Law No 464/80 of 13 October 1980).(h) Supplementary severe invalidity pension (Decree-Law No 160/80 of 27 May 1980). (i) Non-contributory widow's pension (Regulatory Decree No 52/81 of 11 November 1981). L. UNITED KINGDOM(a) Mobility allowance (Social Security Act 1975 of 20 March 1975, Section 37A,  and Social Security (Northern Ireland) Act 1975 of 20 March 1975, Section 37A). (b) Invalid care allowance (Social Security Act 1975 of 20 March 1975, Section 37, and Social  Security (Northern Ireland) Act 1975 of 20 March 1975, Section 37). (c) Family credit (Social Security Act 1986 of 25 July 1986, Sections 20 to 22, and Social Security  (Northern Ireland) Order 1986 of 5 November 1986, Articles 21 to 23). (d) Attendance allowance (Social Security Act 1975 of 20 March 1975, Section 35, and Social  Security (Northern Ireland) Act 1975 of 20 March 1975, Section 35). (e) Income support (Social Security Act 1986 of 25 July 1986, Sections 20 to 22 and Section 23, and  Social Security (Northern Ireland) Order 1986 of 5 November 1986, Articles 21 to 28). (f) Disability living allowance (Disability Living Allowance and Disability Working Allowance Act  1991 of 27 June 1991, Section 1 and Disability Living Allowance and Disability Working Allowance  (Northern Ireland) Order 1991 of 24 July 1991, Article 3). (g) Disability working allowance (Disability Living Allowance and Disability Working Allowance Act  1991 of 27 June 1991, Section 6, and Disability Living Allowance and Disability Working Allowance  (Northern Ireland) Order 1991 of 24 July 1991, Article 8). ANNEX III (A) (3) (4) (9)PROVISIONS OF SOCIAL SECURITY CONVENTIONS REMAINING APPLICABLE  NOTWITHSTANDING ARTICLE 6 OF THE REGULATION - PROVISIONS OF SOCIAL SECURITY CONVENTIONS WHICH DO  NOT APPLY TO ALL PERSONS TO WHOM THE REGULATION APPLIES (Articles 7(2)(c) and 3(3) of the  Regulation) General comments 1. In so far as the provisions contained in this Annex provide for  references to the provisions of other conventions, those references shall be replaced by references  to the corresponding provisions of this Regulation, unless the provisions of the conventions in  question are themselves contained in this Annex. 2. The termination clause provided for in a social security convention, some of whose provisions  are contained in this Annex, shall continue to apply as regards those provisions. A. Provisions of social security conventions remaining applicable notwithstanding Article 6 of the  Regulation (Article 7(2)(c) of the Regulation) 1. BELGIUM-DENMARKN° convention.  2. BELGIUM-GERMANY(a) Articles 3 and 43 of the Final Protocol of 7 December 1957 to the General  Convention of that date, as in the Complementary Protocol of 10 November 1960. (b) Complementary Agreement No 3 of 7 December 1957 to the General Convention of the same date, as  in the Complementary Protocol of 10 November 1960 (payment of pensions for the period preceding the  entry into force of the General Convention).  3. BELGIUM-SPAINNone.  4. BELGIUM-FRANCE(a) Articles 13, 16 and 23 of the Complementary Agreement of 17 January 1948 to  the General Convention of that date (workers in mines and similar undertakings). (b) The exchange of letters of 27 February 1953 (application of Article 4 (2) of the General  Convention of 17 January 1948). (c) The exchange of letters of 29 July 1953 on allowances to elderly employed persons.  5. BELGIUM-GREECEArticles 15 (2), 35 (2) and 37 of the General Convention of 1 April 1958.  6. BELGIUM-IRELANDN° convention.  7. BELGIUM-ITALYArticle 29 of the Convention of 30 April 1948.  8. BELGIUM-LUXEMBOURG(a) Articles 3, 4, 5, 6 and 7 of the Convention of 16 November 1959, as in  the Convention of 12 February 1964 (frontier workers). (b) The exchange of letters of 10 and 12 July 1968 concerning self-employed persons.  9. BELGIUM-NETHERLANDSNone. 10. BELGIUM-PORTUGALNone. 11. BELGIUM-UNITED KINGDOMNone. 12. DENMARK-GERMANY(a) Point 15 of the Final Protocol to the Convention on social insurances of 14  August 1953. (b) The Complementary Agreement of 14 August 1953 to the Convention mentioned above. 13. DENMARK-SPAINN° convention. 14. DENMARK-FRANCENone. 15. DENMARK-GREECEN° convention. 16. DENMARK-IRELANDN° convention. 17. DENMARK-ITALYN° convention. 18. DENMARK-LUXEMBOURGN° convention. 19. DENMARK-NETHERLANDSN° convention. 20. DENMARK-PORTUGALN° convention. 21. DENMARK-UNITED KINGDOMNone. 22. GERMANY-SPAINArticles 4 (1) and 45 (2) of the Social Security Convention of 4 December 1973. 23. GERMANY-FRANCE(a) Articles 11 (1), 16 (second paragraph) and 19 of the General Convention of  10 July 1950. (b) Article 9 of Complementary Agreement No 1 of 10 July 1950 to the General Convention of the same  date (workers in mines and similar undertakings). (c) Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in  added Section No 2 of 18 June 1955. (d) Titles I and III of added Section No 2 of 18 June 1955. (e) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same  date. (f) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). 24. GERMANY-GREECE(a) Article 5 (2) of the General Convention of 25 April 1961. (b) Articles 8 (1), (2) (b) and (3), 9 to 11 and Chapters I and IV, in so far as they concern these  Articles, of the Convention on unemployment insurance of 31 May 1961, together with the note in the  minutes of 14 June 1980. 25. GERMANY-IRELANDN° convention. 26. GERMANY-ITALY(a) Articles 3 (2), 23 (2), 26 and 36 (3) of the Convention of 5 May 1953 (social  insurance). (b) The Complementary Agreement of 12 May 1953 to the Convention of 5 May 1953 (payment of pensions  for the period preceding the entry into force of the Convention. 27. GERMANY-LUXEMBOURGArticles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (Ausgleichsvertrag)  (settlement of the dispute between Germany and Luxembourg). 28. GERMANY-NETHERLANDS(a) Article 3 (2) of the Convention of 29 March 1951. (b) Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of 29  March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers  between 13 May 1940 and 1 September 1945). 29. GERMANY-PORTUGALArticle 5 (2) of the Convention of 6 November 1964. 30. GERMANY-UNITED KINGDOM(a) Articles 3 (1) and (6) and 7 (2) to (6) of the Convention on social  security of 20 April 1960. (b) Articles 2 to 7 of the Final Protocol to the Convention on social security of 20 April 1960. (c) Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment insurance of 20 April 1960. 31. SPAIN-FRANCENone. 32. SPAIN-GREECEN° convention. 33. SPAIN-IRELANDN° convention. 34. SPAIN-ITALYArticles 5, 18 (1) (c) and 23 of the Convention on social security of 30 October  1979. 35. SPAIN-LUXEMBOURG(a) Article 5 (2) of the Convention of 8 May 1969. (b) Article 1 of the Administrative Arrangement of 27 June 1975 for the application of the  Convention of 8 May 1969 to self-employed persons. 36. SPAIN-NETHERLANDSArticle 23 (2) of the Convention on social security of 5 February 1974. 37. SPAIN-PORTUGALArticles 4 (2), 16 (2) and 22 of the General Convention of 11 June 1969. 38. SPAIN-UNITED KINGDOMNone. 39. FRANCE-GREECEArticles 16 (fourth subparagraph) and 30 of the General Convention of 19 April  1958. 40. FRANCE-IRELANDN° convention. 41. FRANCE-ITALY(a) Articles 20 and 24 of the General Convention of 31 March 1948. (b) The exchange of letters of 3 March 1956 (sickness benefits for seasonal workers employed in  agriculture). 42. FRANCE-LUXEMBOURGArticles 11 and 14 of the Complementary Agreement of 12 November 1949 to the  General Convention of the same date (workers in mines and similar undertakings). 43. FRANCE-NETHERLANDSArticle 11 of the Complementary Agreement of 1 June 1954 to the General  Convention of 7 January 1950 (workers in mines and similar undertakings). 44. FRANCE-PORTUGALNone. 45. FRANCE-UNITED KINGDOMThe exchange of letters of 27 and 30 July 1970 concerning the position  with regard to social security of United Kingdom teachers temporarily pursuing their profession in  France by virtue of the Cultural Convention of 2 March 1948. 46. GREECE-IRELANDN° convention. 47. GREECE-ITALYN° convention. 48. GREECE-LUXEMBOURGN° convention. 49. GREECE-NETHERLANDSArticle 4 (2) of the General Convention of 13 Setember 1966. 50. GREECE-PORTUGALN° convention. 51. GREECE-UNITED KINGDOMN° convention. 52. IRELAND-ITALYN° convention. 53. IRELAND-LUXEMBOURGN° convention. 54. IRELAND-NETHERLANDSN° convention. 55. IRELAND-PORTUGALN° convention. 56. IRELAND-UNITED KINGDOMArticle 8 of the Agreement of 14 September 1971 on social security. 57. ITALY-LUXEMBOURGArticles 18 (2) and 24 of the General Convention of 29 May 1951. 58. ITALY-NETHERLANDSArticle 21 (2) of the General Convention of 28 October 1952. 59. ITALY-PORTUGALN° convention. 60. ITALY-UNITED KINGDOMNone. 61. LUXEMBOURG-NETHERLANDSNone. 62. LUXEMBOURG-PORTUGALArticle 3 (2) of the Convention of 12 February 1965. 63. LUXEMBOURG-UNITED KINGDOMNone. 64. NETHERLANDS-PORTUGALArticles 5 (2) and 31 of the Convention of 18 July 1979. 65. NETHERLANDS-UNITED KINGDOMNone. 66. PORTUGAL-UNITED KINGDOM(a) Article 2 (1) of the Protocol on medical treatment of 15 November  1978. (b) As regards Portuguese employed persons, and for the period from 22 October 1987 to the end of  the transitional period provided for in Article 220 (1) of the Act relating to the conditions of  accession of Spain and Portugal: Article 26 of the Social Security Convention of 15 November 1978,  as amended by the Exchange of Letters of 28 September 1987. B. Provisions of Conventions which do not apply to all persons to whom the Regulation  applies(Article 3 (3) of the Regulation) 1. BELGIUM-DENMARKN° convention.  2. . . . . . .  3. BELGIUM-SPAINNone.  4. BELGIUM-FRANCE(a) The exchange of letters of 29 July 1953 on allowances to elderly employed  persons. (b) The exchange of letters of 27 February 1953 (application of Article 4 (2) of the General  Convention of 17 January 1948).  5. BELGIUM-GREECENone.  6. BELGIUM-IRELANDNone.  7. BELGIUM-ITALYNone.  8. BELGIUM-LUXEMBOURGNone.  9. BELGIUM-NETHERLANDSNone. 10. BELGIUM-PORTUGALNone. 11. BELGIUM-UNITED KINGDOMNone. 12. DENMARK-GERMANY(a) Point 15 of the Final Protocol to the Convention on social insurances of 14  August 1953. (b) The Complementary Agreement of 14 August 1953 to the Convention mentioned above. 13. DENMARK-SPAINN° convention. 14. DENMARK-FRANCENone. 15. DENMARK-GREECEN° convention. 16. DENMARK-IRELANDN° convention. 17. DENMARK-ITALYN° convention. 18. DENMARK-LUXEMBOURGN° convention. 19. DENMARK-NETHERLANDSN° convention. 20. DENMARK-PORTUGALN° convention. 21. DENMARK-UNITED KINGDOMNone. 22. GERMANY-SPAINArticle 4 (1) and 45 (2) of the Social Security Convention of 4 December 1973. 23. GERMANY-FRANCE(a) Articles 16 (second paragraph) and 19 on the General Convention of 10 July  1950. (b) Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in  added Section No 2 of 18 June 1955. (c) Titles I and III of added Section No 2 of 18 June 1955. (d) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same  date. (e) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). 24. GERMANY-GREECENone. 25. GERMANY-IRELANDN° convention. 26. GERMANY-ITALY(a) Articles 3 (2) and 26 of the Convention of 5 May 1952 (social insurance). (b) The Complementary Agreement of 12 May 1953 to the Convention of 5 May 1953 (payment of pensions  for the period prior to the entry into force of the Convention). 27. GERMANY-LUXEMBOURGArticles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement of the  dispute between Germany and Luxembourg). 28. GERMANY-NETHERLANDS(a) Article 3 (2) of the Convention of 29 March 1951. (b) Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of 29  March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers  between 13 May 1940 and 1 September 1945). 29. GERMANY-PORTUGALArticle 5 (2) of the Convention of 6 November 1964. 30. GERMANY-UNITED KINGDOM(a) Articles 3 (1) and (6) and 7 (2) to (6) of the Convention on social  security of 20 April 1960. (b) Articles 2 to 7 of the Final Protocol to the Convention on social security of 20 April 1960. (c) Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment insurance of 20 April 1960. 31. SPAIN-FRANCENone. 32. SPAIN-GREECEN° convention. 33. SPAIN-IRELANDN° convention.34. SPAIN-ITALYArticles 5, 18 (1) (c) and 23 of the Convention on Social Security of 30 October  1979. 35. SPAIN-LUXEMBOURG(a) Article 5 (2) of the Convention of 8 May 1969. (b) Article 1 of the Administrative Arrangement of 27 June 1975 for the application of the  Convention of 8 May 1969 to self-employed persons. 36. SPAIN-NETHERLANDSArticle 23 (2) of the Convention on Social Security of 5 February 1974. 37. SPAIN-PORTUGALArticles 4 (2), 16 (2) and 22 of the General Convention of 11 June 1969. 38. SPAIN-UNITED KINGDOMNone. 39. FRANCE-GREECENone. 40. FRANCE-IRELANDN° convention. 41. FRANCE-ITALYArticles 20 and 24 of the General Convention of 31 March 1948. 42. FRANCE-LUXEMBOURGNone. 43. FRANCE-NETHERLANDSNone. 44. FRANCE-PORTUGALNone. 45. FRANCE-UNITED KINGDOMThe exchange of letters of 27 and 30 July 1970 concerning the position  with regard to social security of United Kingdom teachers temporarily pursuing their profession in  France by virtue of the Cultural Convention of 2 March 1948. 46. GREECE-IRELANDN° convention. 47. GREECE-ITALYN° convention. 48. GREECE-LUXEMBOURGN° convention. 49. GREECE-NETHERLANDSNone. 50. GREECE-PORTUGALN° convention. 51. GREECE-UNITED KINGDOMN° convention. 52. IRELAND-ITALYN° convention. 53. IRELAND-LUXEMBOURGN° convention. 54. IRELAND-NETHERLANDSN° convention. 55. IRELAND-PORTUGALN° convention. 56. IRELAND-UNITED KINGDOMNone. 57. ITALY-LUXEMBOURGNone. 58. ITALY-NETHERLANDSNone. 59. ITALY-PORTUGALN° convention. 60. ITALY-UNITED KINGDOMNone. 61. LUXEMBOURG-NETHERLANDSNone. 62. LUXEMBOURG-PORTUGALArticle 3 (2) of the Convention of 12 February 1965. 63. LUXEMBOURG-UNITED KINGDOMNone. 64. NETHERLANDS-PORTUGALArticle 5 (2) of the Convention of 19 July 1979. 65. NETHERLANDS-UNITED KINGDOMNone. 66. PORTUGAL-UNITED KINGDOMArticle 2 (1) of the Protocol on medical treatment of 15 November  1978. ANNEX IV (8)(Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46b (2) of the  Regulation)A. Legislations referred to in Article 37 (1) of the Regulation under which the amount  of invalidity benefits is independent of the length of periods of insuranceA. BELGIUMThe  legislation relating to the general invalidity scheme, to the special invalidity scheme for miners  and to the special scheme for sailors in the merchant navy and the legislation concerning insurance  against incapacity for work for self-employed persons. B. DENMARKNone. C. GERMANYNone. D. SPAINLegislation relating to invalidity insurance under the general scheme and under the  special schemes. E. FRANCE1. Employed personsAll legislations on invalidity insurance, except for the legislation  concerning the invalidity insurance of the social security scheme for miners. 2. Self-employed personsThe legislation on invalidity insurance for persons self-employed in  agriculture. F. GREECELegislation relating to the agricultural insurance scheme. G. IRELANDChapter 10 of Part II of the Social Welfare (Consolidation) Act 1981. H. ITALYNone. I. LUXEMBOURGNone. J. The Netherlands(a) The law of 18 February 1966 on insurance against incapacity for work, as  amended. (b) The law of 11 December 1975 on general insurance against incapacity for work, as amended. K. PORTUGALNone. L. UNITED KINGDOM(a) Great Britain- Section 15 of the Social Security Act 1975, - Sections 14 to 16 of the Social Security Pensions Act 1975; (b) Northern Ireland- Section 15 of the Social Security (Northern Ireland) Act 1975, - Articles 16 to 18 of the Social Security Pensions (Northern Ireland) Order 1975. B. Special schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of  Regulation No 1408/71A. BELGIUMNone. B. DENMARKNone. C. GERMANYOld-age insurance for farmers (Altershilfe fuer Landwirte). D. SPAINScheme for lowering the retirement age of self-employed persons engaged in seafaring  activities as described in Royal Decree No 2309 of 23 July 1970. E. FRANCENone. F. GREECENone. G. IRELANDNone. H. ITALYPension insurance schemes for (Assicurazione pensioni per): - medical practitioners (medici), - pharmacists (farmacisti), - veterinarians (veterinari), - midwives (ostetriche), - engineers and architects (ingegneri ed architetti), - surveyors (geometri), - solicitors and barristers (avvocati e procuratori), - economists (dottori commercialisti), - accountants and industrial experts (ragionieri e periti commerciali), - employment consultants (consulenti del lavoro), - notaries (notai), - customs agents (spedizionieri doganali). I. LUXEMBOURGNone. J. THE NETHERLANDSNone. K. PORTUGALNone. L. UNITED KINGDOMNone. C. Cases referred to in Article 46 (1) (b) of the Regulation where the calculation of benefit in  accordance with Article 46 (2) of the Regulation may be waivedA. BELGIUMNone. B. DENMARKAll applications for pensions referred to in the law on social pensions, except for  pensions mentioned in Annex IV, part D. C. GERMANYNone. D. SPAINNone. E. FRANCENone. F. GREECENone. G. IRELANDAll applications for retirement pensions, contributory old-age pensions and widows'  pensions. H. ITALYInvalidity, retirement and survivor's pensions for employed persons and for the following  categories of self-employed persons: farmers farming directly, share-croppers, farmers, craftsmen  and persons engaged in commercial activities. I. LUXEMBOURGNone. J. THE NETHERLANDSAll applications for old-age pensions under the law of 31 May 1956 governing  general old-age insurance, as amended. K. PORTUGALInvalidity, old-age and widows' pensions. L. UNITED KINGDOMAll claims for retirement pension and widow's pension determined pursuant to  Chapter 3 of Title III of the Regulation except those in respect of which, in any relevant income  tax year commencing on or after 6 April 1975, the person concerned has completed periods of  insurance, employment or residence both under the legislation of the United Kingdom and under that  of another Member State. D. Benefits and agreements referred to in Article 46b (2) of the Regulation1. Benefits referred to  in Article 46b (2) (a) of the Regulation, the amount of which is independent of the length of  periods of insurance or residence completed: (a) The invalidity benefits provided for by the legislations referred to in part A of this Annex. (b) The full Danish national old-age pension acquired after 10 years' residence by persons who will  have been awarded a pension by 1 October 1989 at the latest. (c) The Netherlands widows' pension under the law of 9 April 1959 governing the general insurance  for widows and orphans, as amended. (d) The Spanish death allowances and survivors' pensions granted under the general and special  schemes. (e) The widows' allowance under the widowhood insurance of the French general social security  system or the agricultural workers' system. (f) The widowers' or widows' invalidity pension under the French general social security system or  the agricultural workers' system, when calculated on the basis of the invalidity pension of a  deceased spouse, paid in accordance with Article 46 (1) (a) (i). 2. Benefits referred to in Article 46b (2) (b) of the Regulation, the amount of which is determined  by reference to a credited period deemed to have been completed between the date on which the risk  materialized and a later date: (a) Danish early-retirement pensions, the amount of which is determined in accordance with  legislation in force before 1 October 1984. (b) German invalidity and survivors' pensions, for which account is taken of a supplementary  period, and German old-age pensions, for which account is taken of a supplementary period already  acquired. (c) Luxembourg invalidity and survivors' pensions. (d) Italian pensions for total incapacity for work (inabilità). 3. Agreements referred to in Article 46b (2) (b) (i) of the Regulation intended to prevent the same  credited period being taken into account two or more times: Agreement of 20 July 1978 between the Government of the Grand Duchy of Luxembourg and the  Government of the Federal Republic of Germany concerning various social security matters. ANNEX V   Concordance between the legislations of Member States on conditions relating  to the degree of invalidity  (Article 40 (4) of the Regulation)   >TABLE> >TABLE>oekeinen variablen Raum!÷> TABLE POSITION>>TABLE> ANNEX VI (A) (1) (4) (5) (6) (8) (9)SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF  CERTAIN MEMBER STATES (Article 89 of the Regulation)A. BELGIUM1. Persons whose entitlement to  sickness insurance benefits in kind derives from the provisions of the Belgian compulsory sickness  and invalidity scheme applicable to self-employed persons shall be eligible under the provisions of  Chapter 1 of Title III of the Regulation, including Article 35(1), under the following conditions: (a) In the event that they are temporarily resident in the territory of a Member State other than  Belgium, the persons concerned shall be entitled: (i) to the benefits in kind provided for under the legislation of the Member State of temporary  residence in respect of hospitalization care; (ii) to reimbursement in respect of other benefits in kind provided for under the Belgian scheme by  the relevant Belgian institution at the rate provided for under the legislation of the State of  temporary residence. (b) In the event that they are permanently resident in the territory of a Member State other than  Belgium, the persons concerned shall be entitled to the benefits in kind provided for under the  legislation of the Member State of permanent residence provided that they pay the relevant Belgian  institution the appropriate additional contribution provided for under Belgian regulations.  2. For the application of the provisions of Chapters 7 and 8 of Title III of the Regulation by the  competent Belgian institution, a child shall be considered to have been brought up in the Member  State in whose territory he resides.  3. For the purposes of Article 46 (2) of the Regulation, periods of old-age insurance completed  under Belgian legislation before 1 January 1945 shall also be considered as periods of insurance  completed under the Belgian legislation on the general invalidity scheme and the mariners' scheme.  4. In applying Article 40 (3) (a) (ii), account shall only be taken of periods during which the  employed or self-employed person was incapable of work within the meaning of Belgian legislation.  5. For the purposes of Article 46 (2) of the Regulation, periods of old-age insurance completed by  self-employed persons under Belgian legislation, prior to the entry into force of the legislation  on the incapacity for work of self-employed persons, shall be considered as periods completed under  the latter legislation.  6. In order to establish whether the requirements imposed by Belgian legislation for entitlement  to unemployment benefits are fulfilled, account shall be taken only of days of paid employment;  however, account shall be taken of days accepted as equivalent within the meaning of the said  legislation only in so far as the days worked which preceded them were days of paid employment.  7. Pursuant to Articles 72 and 79 (1) (a) of the Regulation, account shall be taken of periods of  employment and/or periods of insurance completed under the legislation of another Member State  where entitlement to benefit under Belgian legislation is subject to the condition that, for a  specified previous period, the qualifying conditions for family benefits in the framework of the  scheme for employment persons have been met.  8. For the purposes of applying Article 14a (2), (3) and (4), 14c (a) and 14d of Regulation (EEC)  No 1408/71, business revenues in the reference year which serve as a basis for determining the  contributions due by virtue of the social arrangements for self-employed persons shall be  calculated using the mean annual rate for the year during which this income was received. The rate of conversion is the annual mean of the conversion rates published in the Official Journal  of the European Communities pursuant to Article 107 (5) of Regulation (EEC) No 547/72.  9. In the calculation of the theoretical amount of an invalidity pension, as referred to in  Article 46 (2) of the Regulation the competent Belgian institution shall take as its basis the  income received in the profession last exercised by the person concerned. 10. Any employed person or self-employed person who is no longer insured in Belgium under the  sickness and invalidity insurance legislation - which also makes the grant of the right to benefits  conditional upon the person concerned being insured when the risk materializes - shall be  considered to be still insured when the risk materializes, for the purposes of implementation of  Chapter 3 of Title III of the Regulation, if he is insured for the same risks under the legislation  of another Member State. 11. If the person concerned is entitled to a Belgian invalidity benefit under Article 45 of the  Regulation, that benefit shall be awarded in accordance with the rules laid down by the Article 46  (2) of the Regulation: (a) In accordance with the provisions laid down by the Law of 9 August 1963 on the establishment  and organization of a compulsory sickness and invalidity insurance scheme if, at the time of  occurrrence of the incapacity for work, he was insured for the same risk under the legislation of  another Member State as an employed person within the meaning of Article 1 (a) of the Regulation. (b) In accordance with the provisions laid down by the Royal Decree of 20 July 1971 on the  establishment of an insurance scheme against incapacity for work for self-employed persons if, at  the time of occurrence of the incapacity for work, he was a self-employed person within the meaning  of Article 1 (a) of the Regulation. B. DENMARK1. Completed periods of insurance, employment or self-employment in a Member State other  than Denmark shall be taken into account for admission to membership of an approved unemployment  insurance fund in the same way as if they were periods of employment or self-employment completed  in Denmark. 2. Employed or self-employed persons, pension claimants and pensioners, and members of their  families referred to in Articles 19, 22 (1) and (3), 25 (1) and (3), 26 (1), 28a, 29 and 31 of the  Regulation, resident or staying in Denmark, shall be entitled to benefits in kind on the same terms  as those laid down by Danish legislation for persons who, under the law on the public health  service (lov om offentlig sygesikring), belong to class 1. 3. (a) The provisions of Danish legislation on social pensions that stipulate that the right to  pension is subject to the claiment being resident in Denmark are not applicable to employment or  self-employment persons or their survivors who reside in the territory of a Member State other than  Denmark. (b) For the purpose of calculating the pension, periods of employment or self-employment completed  in Denmark by a frontier worker or a seasonal worker are regarded as periods of residence completed  in Denmark by the surviving spouse in so far as the surviving spouse was during these periods,  linked to the frontier worker or seasonal worker by marriage without separation from bed and board  or de facto separation on grounds of incompatibility and provided that during these periods the  spouse resided in the territory of another Member State. (c) For the purpose of calculating the pension, periods of employment or self-employment completed  in Denmark before 1 January 1984 by an employed or self-employed person other than a frontier  worker or seasonal worker shall be regarded as periods of residence completed in Denmark by the  surviving spouse, in so far as the surviving spouse was during at these periods, linked to the  employed or self-employed person by marriage without separation from bed and board or de facto  separation on grounds of incompatibility, and provided that during these periods the spouse resided  in the territory of another Member State. (d) Periods to be taken into account under the terms of (b) and (c) shall not be taken into  consideration if they coincide with the periods taken into account for the calculation of the  pension due to the person concerned under the legislation on compulsory insurance of another Member  State or with the periods during which the person concerned received a pension under such  legislation. These periods shall, however, be taken into consideration if the annual amount of the said pension  is less than half the basic amount of the social pension. 4. The terms of the Regulation shall be without prejudice to the provisional rules under the Danish  laws of 7 June 1972 on the pension rights of Danish nationals having their effective residence in  Denmark for a specified period immediately preceding the date o the claim. However, a pension shall  be granted under those conditions laid down for Danish nationals to nationals of other Member  States having their effective residence in Denmark during the year immediately preceding the date  of claim. 5. (a) The periods during which a frontier worker residing within the territory of a Member State  other than Denmark has pursued his professional or trade activity in Denmark are to be considered  as periods of residence for the purposes of Danish legislation. The same shall apply to periods in  which a frontier worker is posted to or provides services in a Member State other than Denmark.(b) The periods during which a seasonal worker residing within the territory of a Member State  other than Denmark has pursued his occupation in Denmark are to be considerd as periods of  residence for the purposes of Danish legislation. The same applies to periods during which a  seasonal worker is posted to the territory of a Member State other than Denmark. 6. In order to determine whether or not conditions for entitlement to daily allowances in the case  of sickness or maternity laid down by the law of 20 december 1989 on daily allowances in the case  of sickness or maternity have been satisfied, where the person concerned is no longer subject to  Danish legislation during the periods of reference fixed by the abovementioned law: (a) account shall be taken of the insurance periods and employment periods fulfilled under the  legislation of a Member State other than Denmark during the abovementioned reference periods during  which the person concerned was not covered by Danish legislation, as if they are periods completed  under the latter legislation, and(b) during the periods taken into account, a self-employed person or an employed person (in  cases where, for the latter, remuneration cannot serve as a basis for calculating the daily  allowances) are regarded as having has an average remuneration or salary of an amount equal to that  on the basis of which the cash allowances are calculated in respect of the periods completed under  Danish legislation during the reference periods. 7. Article 46a (3) (d) and Article 46c (1) and (3) of the Regulation and Article 7 (1) of the  implementing Regulation shall not be applied to pensions awarded in the context of Danish  legislation. 8. For the purpose of applying Article 67 of the Regulation, unemployment benefits for  self-employed persons insured in Denmark shall be calculated in accordance with Danish  legislation. 9. Where the beneficiary of a Danish retirement pension or early retirement pension is also  entitled to a survivor's pension from another Member State, these pensions, for the implementation  of Danish legislation shall be regarded as benefits of the same kind within the meaning of Article  46a (1) of the Regulation, subject to the condition, however, that the person whose periods of  insurance or of residence serve as the basis for the calculation of the survivor's pension has also  completed periods of residence in Denmark. C. GERMANY 1. (a) . . . . . . (b) The provisions of Article 10 of the Regulation shall not affect the provisions under which  accidents (and occupational diseases) occurring outside the territory of the Federal Republic of  Germany, and periods completed outside that territory, do not give rise to payment of benefits, or  only give rise to payment of benefits under certain conditions, when those entitled to them reside  outside the territory of the Federal Republic of Germany.  2. (a) In order to determine whether periods considered by German legislation as interrupted  periods (Ausfallzeiten) or supplementary periods (Zurechnungszeiten) should be taken into account  as such, compulsory contributions paid under the legislation of another Member State and insurance  under the insurance scheme of another Member State shall be treated as compulsory contributions  paid under German legislation and as insurance under the German pension insurance scheme. This  provision shall not apply to German old-age insurance for farmers or to corresponding special  schemes in the other Member States. When calculating the number of calendar months which have elapsed between the date of entry into  the insurance scheme and the materialization of the risk, periods taken into consideration under  the legislation of another Member State which fall between those wo dates shall not be taken into  account, neither shall periods during which the person concerned has been in receipt of a pension. (b) The provisions of subparagraph (a) shall not apply to the standard interrupted period  (pauschale Ausfallzeit). This shall be determined exclusively on the basis of German insurance  periods. (c) The taking into account of a supplementary period (Zurechnungszeit) in pursuance of German  legislation on pension insurance for miners shall, moreover, be subject to the condition that the  last contribution paid under German legislation was paid into the pension insurance for miners. (d) For the purpose of taking into account German substitute periods (Ersatzzeiten), only German  national legislation shall apply. (e) By way of derogation from the provision laid down in subparagraph (d), the following provision  shall apply to persons insured under the German pension insurance scheme who were residing in  German territories under Netherlands administration during the period 1 January 1948 to 31 July  1963 for the purpose of taking into account German substitute periods (Ersatzzteiten) within the  meaning of Article 1251 (2) of the German social security law (RVO) or corresponding provisions,  payment of contributions to Netherlands insurance schemes during that period shall be treated as  equivalent to having been employed or having pursued an activity coming under compulsory insurance  within the meaning of German legislation.  3. . . . . . .  4. In order to determine whether a child is receiving an orphan's pension,  receipt of one of the benefits referred to in Article 78 or of another family benefit granted under  French legislation for a minor residing in France shall be treated as the receipt of an orphan's  pension under German legislation.  5. If application of this Regulation or of subsequent social security Regulation involves  exceptional expenses for certain sickness insurance institutions, such expenses may be partially or  totally reimbursed. The National Federation of Local Sickness Funds, in its function as liaison  body (sicknes insurance) shall decide on such reimbursement by common agreement with the other  Central Associations of Sickness Funds. The resources needed for effecting such reimbursements  shall be provided by taxes imposed on all sickness insurance institutions in proportion to the  average number of members during the preceding year, excluding retired persons.  6. . . . . . .  7. Article 1233 of the insurance code (RVO) and Article 10 of the clerical staff insurance law  (AVG), as amended by the pension reform law of 16 October 1972, which govern voluntary insurance  under German pension insurance schemes, shall apply to nationals of the other Member States and to  stateless persons and refugees residing in the territory of the other Member States, according to  the following rules. Where the general conditions are fulfilled, voluntary contributions to the German pension insurance  scheme may be paid: (a) if the person concerned has his domicile or residence in the territory of the Federal Republic  of Germany; (b) if the person concerned has his domicile or residence in the territory of another Member State  and at any time previously belonged compulsorily or voluntarily to a German pension insurance  scheme; (c) if the person concerned is a national of another Member State, has his domicile or residence in  the territory of a third State and has paid contributions for German pension insurance for at least  60 months, or was eligible for voluntary insurance under the transitional provisions previously in  force and is not compulsorily or voluntarily insured under the legislation of another Member  State.  8. . . . . . .9. Where the costs of benefits in kind which are granted by German institutions of the place of  residence to pensioners or members of their family who are insured with competent institutions of  other Member States must be refunded on the basis of monthly lump sums, such costs shall, for the  purpose of financial equalization among German institutions of sickness insurance for pensioners,  be treated as expenditure on the German sickness insurance scheme for pensioners. The lump sums  refunded to the German institutions of the place of residence by the competent institutions of  other Member States shall be regarded as receipts which must be taken into account in the  aforementioned financial equalization. 10. In the case of self-employed persons, the award of unemployment assistance (Arbeitslosenhilfe)  shall be conditional on the person concerned having, before reporting himself unemployed, worked  for at least a year mainly as a self-employed person in the territory of the Federal Republic of  Germany, and not having simply left that work temporarily. 11. Periods of insurance completed under the legislation of another Member State, under a special  old-age insurance scheme for farmers or, if no such scheme exists, as farmers under the general  scheme, shall be taken into account to satisfy the conditions of minimum length of insurance  required for the person to be subject to contribution within the meaning of Article 27 of the law  on old-age insurance for farmers (Gesetz ueber die Altershilfe der Landwirte - GAL), always  providing that: (a) the declaration on which the obligation to pay contributions is based shall have been lodged  within the prescribed time, and(b) before lodging the declaration, the person concerned shall have been last subject to  contribution under the old-age insurance scheme for farmers in the territory of the Federal  Republic of Germany. 12. Periods of compulsory insurance completed under the legislation of another Member State, either  under a special scheme for craftsmen or, if no such scheme exists, under a special scheme for  self-employed persons or under the general scheme, are counted towards the completion of the 216  months of compulsory insurance required to establish the right to voluntary withdrawal from the  pension insurance scheme for craftsmen. 13. For the purpose of applying German legislation on compulsory sickness insurance of pensioners  as provided for in Article 5(1) (ii) of Volume V of the Social Insurance Code (Fuenftes  Sozialgesetzbuch - SGB V) and Article 56 of the Sickness Insurance Reform Law  (Gesundheitsreformgesetz), periods of insurance or residence completed under the legislation of  another Member State during which the person concerned was entitled to sickness benefits in kind  are taken into account, in so far as is necessary, as periods of insurance completed under German  legislation provided they do not overlap with periods of insurance completed under that  legislation. 14. For the grant of cash benefits pursuant to Article 47 (1) of Volume V of The German Social  Insurance Code (SGB V) and Articles 200 (2) and 561 (1) of the German Law on Social Insurance  (Reichsversicherungsordnung - RVO), the German institutions shall determine the net remuneration to  be taken into account for the calculation of the benefits as though the insured persons resided in  the Federal Republic of Germany. 15. . . . . . . 16. Greek teachers with civil service status who by virtue of their employment in German schools  have paid compulsory contributions to German statutory pension insurance in addition to  contributions to the Greek special scheme for civil servants and who ceased to be covered by German  compulsory insurance after 31 December 1978 shall on application receive a contribution refund in  respect of these compulsory contributions in accordance with Article 1303 of the insurance code  (RVO) or Article 82 of the clerical staff insurance law (AVG). Claims for contribution refunds  should be made within one year of the date of entry into force of this provision. The person  concerned may also exercise his entitlement within two years of the date upon which he ceased to be  subject to compulsory insurance. Article 103 (7) of the social insurance code (RVO) and Article 82 (7) of the clerical staff  insurance law (AVG) shall apply only in respect of periods for which compulsory contributions under  German pension insurance were paid in addition to contributions to the Greek special scheme for  civil servants and in respect of periods equivalent to periods of insurance immediately following  periods in which such compulsory contributions had been paid. 17. For the grant of benefits to persons requiring in-depth and constant care under Articles 53 et  seq. of Volume V of the German Social Insurance Code (SGB V), th instituion of the place of  residence shall, for the provision of assistance in the form of benefits in kind, take account of  periods of insurance, employment or residence completed under the legislation of another Member  State as if they were periods completed under the legislation of another Member State as if they  were periods completed under the legislation applciable to that institution. 18. A person in receipt of a pension under German legislation and a pension under the legislation  of another Member State shall be deemed, for the purposes of applying Article 27 of the Regulation,  to be entitled to sickness and maternity benefits in kind if, under Article 8 (1), point 4, of  Volume V of the German Social Insurance Code (SGB V), that person is exempted form compulsory  sickness insurance (Krankenversicherung). 19. A period of insurance for child-rearing under German legislation is valid even for a period  during which the employed person concerned brought up the child in another Member State provided  that person was unable to engage in occupational activity by virtue of Article 6(1) of the  Protection of Mothers Law (Mutterschutzgesetz) or took parental leave under Article 15 of the  federal Child-rearing Allowance Law (Bundeserziehungsgeldgesetz) and did not engage in any minor  (geringfuegig) employment within the meaning of Article 8 of SGB IV. D. SPAIN1. The condition either of carrying on the activity of an employed or of a self-employed  person, or the condition of having previously been compulsorily insured against the same  contingency under a scheme organized for the benefit of employed or self-employed persons of the  same Member State, laid down in Article 1 (a) (iv) of the Regulation, may not be relied upon  against persons who, in accordance with the provisions of Royal Decree No 2805/1979 of 7 December  1979, are affiliated voluntarily to the general social security scheme in their capacity as an  official or employee serving an international intergovernmental organization. 2. The provisions of Royal Decree No 2805/1979 of 7 December 1979 apply to nationals of the Member  State and to refugees and stateless persons: (a) where they are resident in Spanish territory, or(b) where they are resident in the territory of another Member State and where they have been  previously, at some time, compulsorily affiliated ot the Spanish social security scheme, or(c) where they are resident in the territory of a third State and have paid contributions for at  least 1 800 days to the Spanish social security scheme and where they are not insured either  compulsorily or voluntarily by virtue of the legilsation of another Member State. 3. Any employed person or self-employed person who is no longer insured under Spanish legislation  shall be considered to be still insured when the risk materializes, for the purposes of  implementing the provisions of Chapter 3 of Title III of the Regulation, if he is insured under the  legislation of another Member State at the time of materialization of the risk or, failing that, in  the case where a benefit is due for the same risk in pursuance of the legislation of another Member  State. The latter condition shall be deemed to have been fulfilled, however, in the case referred  to in Article 48 (1). 4. (a) Under Article 47 of the Regulation, the calculation of the theoretical Spanish benefit shall  be carried out on the basis of the actual contributions of the insured person during the years  immediately preceding payment of the last contribution to the Spanish social security. (b) The amount of the pension obtained shall be increased by the amount of the increases and  revalorizations calculated for each year after and up to the year preceding the materialization of  the risk for pensions of the same kind. E. FRANCE1. (a) The allowance for elderly employed persons, together with the allowance for  elderly self-employed persons, and the agricultural old-age allowance shall be granted, under the  conditions laid down for French workers by French legislation to all employed or self-employed  persons who are nationals of other Member States and who, as the time of making their claim, are  resident in french territory. (b) The same shall apply to refugees and stateless persons. (c) The provisions of the Regulation shall not affect the provisions of French legislation under  which only periods of work as employed persons or periods treated as such or, as appropriate,  periods of work as self-employed persons in the territories of the European departments and the  overseas departments (Guadeloupe, Guyana, Martinique and Réunion) of the French Republic shall be  taken into consideration for acquisition of the right to the allowance for elderly employed  persons. 2. The special allowance and cumulative indemnity provided for by the special legislation for  social security in the mines shall be provided only for workers employed in French mines. 3. Law No 65-555 of 10 july 1965 which grants to French nationals, who are pursuing, or who have  pursued, a professional or trade activity abroad, the right to join the voluntary old-age insurance  scheme, shall apply to nationals of other Member State under the following conditions: - the professional or trade activity giving rise to voluntary insurance under the French system  should not be, or have been, pursued either on French territory or on the territory of the Member  State of which the employed or self-employed person is a national, - the employed or self-employed person must produce evidence, when making his claim, either that he  has resided in France for at least 10 years, consecutive or not, or that he has been continuously  subject to French legislation on a compulsory or optional basis for the same length of time. 4. A person who is subject to French legislation pursuant to Article 14 (1) or Article 14a (1) of  the Regulation shall be entitled, in respect of the members of his family accompanying him in the  territory of the Member State in which he is pursuing an occupation, to the following family  benefits: (a) the allowance for young children provided until the age of three months; (b) the family benefits provided in accordance with Article 73 of the Regulation. 5. For the calculation of the theoretical amount referred to in Article 46 (2) (a) of the  Regulation, in schemes in which old-age pensions are calculated on the basis of retirement points,  the competent institution shall take into account, in respect of each of the years of insurance  completed under the legislation of any other Member State, the number of retirement points arrived  at by dividing the number of retirement points acquired under the legislation it applies by the  number of years corresponding to these points. 6. (a) Frontier workers who pursue the activities of employed persons in the territory of a Member  State other than France and who reside in the French departments of Haut-Rhin, Bas-Rhin and  Moselle, shall be entitled in the territory of those departments to the benefits in kind provided  for by the local Alsace-Lorraine scheme set up by Laws No 46-1428 of 12 June 1946 and No 67-814 of  25 September 1967, pursuant ot Article 19 of the Regulation. (b) These provisions shall apply by analogy to those entitled under Articles 25 (2) and (3) and 28  and 29 of the Regulation. 7. Notwithstanding Articles 73 and 74 of the Regulation, the housing allowances, the home  child-care allowance and the parental child-rearing allowance shall be granted only to persons  concerned and to members of their families standing residing in French territory. 8. Any employed person who is no longer subject to French legislation governing widowhood insurance  under the French general social security system or the agricultural workers' system shall be deemed  to have the status of an insured person under such legislation when the risk materializes, for the  purposes of the implementation of the provisions of Chapter 3 of Title III of the Regulation, if  that person is insured as an employed person under the legislation of another Member State at the  time of the materilization of the risk or, failing that, in the case where a survivor's benefit is  due in pursuance of the legislation on employed persons of another Member State. This condition  shall be deemed to have been fulfilled, however, in the case referred to in Article 48 (1). F. GREECE1. Article 10 (1) of the Regulation does not affect the provision of Article 2 (4) of  Decree Law No 4577/66 whereby the payment of pensions awarded by IKA to persons of Greek  nationality or origin coming from Egypt or Turkey is suspended if the pension-holder resides abroad  without valid reason for more than six months. 2. Law No 1469/84 concerning voluntary affiliation to the pension insurance scheme for Greek  nationals and foreign nationals of Greek origin, is applicable to nationals of other Member States,  stateless persons and refugees residing in the territory of a Member State in accordance with the  second subparagraph. Subject to the other conditions of this law being met, contributions may be made: (a) where the person concerned is domiciled or resides in the territory of a Member State and has  at some time in the past been compulsorily affiliated to the Greek pension insurance scheme, or(b) regardless of the place of domicile or residence, where the person concerned has either  previously resided in Greece for 10 years, whether consecutive or not, or has previously been  subject to Greek legislation whether compulsorily or voluntarily for a period of 1 500 days. 3. In the context of Greek legislation, the application of Article 49 (2) of the Regulation is  subject to the condition that the new calculation referred to in the aforementioned Article shall  not adversely affect the interests of the person concerned. 4. Notwithstanding the relevant provisions applied by the OGA Regulations, the periods during which  benefits payable in respect of an accident at work or of an occupational disease as defined in the  legislation of Member States, which makes separate provision for such risks, provided that they  coincide with periods of employment in the agricultural sector in Greece, shall be regarded as  periods of insurance under the legislation applied by the OGA within the meaning of Article 1(r) of  the Regulation. G. IRELAND 1. Employed or self-employed persons, unemployed persons, pension claimants and  pensioners, together with members of their families, referred to in Articles 19 (1), 22 (1) and  (3), 25 (1) nd (3), 26 (1), 28a, 29 and 31 of the Regulation, who are residing or staying in  Ireland, shall be entitled free of charge to all medical treatment provided for by Irish  legislation where the cost of this treatment is payable by the institution of a Member State other  than Ireland.  2. The members of the family of an employed or self-employed person who is subject to the  legislation of a Member State other than Ireland and who satisfies the conditions laid down by that  legislation for entitlement to benefits, account being taken, where appropriate, of Article 18 of  the Regulation, shall be entitled free of charge, if they are resident in Ireland, to all medical  treatment provided for by Irish legislation. The cost of such benefits shall be payable by the institution with which the employed or  self-employed person is insured. However, where the spouse of the employed or self-employed person or the person looking after the  children pursues a professional or trade activity in Ireland, benefits for members of the family  shall remain payable by the Irish institution to the extent that entitlement to such benefits is  granted solely under the provisions of Irish legislation.  3. If an employed person subject to Irish legislation has left the territory of a Member State to  proceed, in the course of his employment, to the territory of another Member State and sustains an  accident before arriving there, his entitlement to benefit in respect of the said accident shall be  established: (a) as if this accident had occurred on the territory of Ireland, and(b) without taking into consideration his absence from the territory of Ireland, when  determining whether, by virtue of his employment, he was insured under the said legislation.  4. . . . . . .  5. For the purpose of calculating the earnings for the granting of the pay-related benefit payable  under Irish legislation with sickness, maternity and unemployment benefits, an amount equal to the  average weekly wage in that year of male or female employed persons, as applicable, shall,  nothwithstanding Articles 23 (1) and 68 (1) of the Regulation be credited to the employed person in  respect of each week of employment completed as an employed person under the legislation of another  Member State during the relevant income tax year.  6. In applying Article 40 (3) (a) (ii), account shall only be taken of periods during which the  employed or self-employed person was incapable of work within the meaning of Irish legislation.  7. For the purposes of Article 44 (2), an employed person shall be deemed to have expressly asked  for postponement of the award of an old-age pension to which he would be entitled under the  legislation of Ireland if, where retirement is a condition for receiving the old-age pension, he  has not retired.  8. Until 31 December 1983, for the purpose of applying Irish legislation to benefits other than  family benefits and sickness and maternity benefits in kind, periods other than periods completed  as an employed person shall not be reckonable.  9. An unemployed person returning to Ireland at the end of the period of three months for which he  continued to receive benefits under the legislation of Ireland in application of Article 69 (1) of  the Regulation shall be entitled to apply for unemployment benefits notwithstanding Article 69 (2)  if he satisfies the conditions laid down in the aforementioned legislation. 10. A period of subjection to Irish legislation in accordance with Article 13 (2) (f) of the  Regulation may not: (i) be taken into account under that provision as a period of subjection to Irish legislation for  the purposes of Title II of the Regulation, nor(ii) make Ireland the competent State for the provision of benefits provided for in Article 18,  38, 39 (1) of the Regulation. H. ITALYNone. I. LUXEMBOURG1. Notwithstanding Article 94 (2) of the Regulation, periods of insurance or periods  treated as such completed by employed persons or self-employed persons under Luxembourg legislation  for invaldity, old-age or death pensions insurance either before 1 January 1946 or before an  earlier date stipulated by a bilateral convention shall be taken into consideration for the purpose  of applying this legislation only if the person concerned demonstrates that he has completed six  month of insurance under the Luxembourg scheme after the date in question. Where several bilateral  conventions apply, periods of insurance or periods treated as such shall be taken into  consideration as from the earliest of these dates. 2. For the purpose of granting the fixed part of Luxembourg pensions, periods of insurance  completed under Luxembourg legislation by employed or self-employed persons not residing in  Luxembourg territory shall, as from 1 October 1972, be treated as periods of residence. 3. The second subparagraph of Article 22 (2) of the Regulation does not affect the provisions of  Luxembourg legislation pursuant to which authorization by the Sickness Fund for treatment abroad  cannot be refused where the required treatment cannot be provided in the Grand Duchy. 4. For the purpose of taking the insurance period provided for in Article 171 (7) of the Social  Insurance Code (Code des Assurances Sociales) into account, the Luxembourg institution shall  recognize periods of insurance completed by the person concerned under the legislation of any other  Member State as if they were periods completed under the legislation which it administers.  Application of the foregoing provision shall be subject to the condition that the person concerned  as completed insurance periods under Luxembourg legislation. J. NETHERLANDS1. Insurance for medical expenses(a) As regards entitlement to benefits in kind  under Netherlands legislation, persons entitled to benefits in kind shall mean persons who are  insured or co-insured under the insurance scheme covered by the Netherlands law on sickness  insurance funds for the purpose of the implementation of Chapter 1 of Title III. (b) A person receiving an old-age pension under Netherlands legislation and an old-age pension  under the legislation of another Member State shall, for the purposes fo Article 27 of the  Regulation, be considered to be entitled to benefits in kind if he satisfies the conditions  required for admission to standard insurance as referred to in Article 2 (1) of the Law on  admission to insurance for medical expenses. (c) For the purposes of Articles 27 to 34 of the Regulation, the following pensions shall be  treated as pensions payable under the legal provisions mentioned in subparagraphs (b) (invalidity)  and (c) (old age) of the declaration of the Kingdom of the Netherlands under Article 5 of the  Regulation: - pensions awarded under the Law of 6 January 1966 (Statsblad 6) on a new ruling in respect of  civil servants and their survivors (Netherlands Civil Service Pensions Act) (Algemene burgerlijke  pensioenwet), - pensions awarded under the Law of 6 October 1966 (Stdaatsblad 445) on a new ruling in respect of  pensions for military personnel and their survivors (Military Pensions Act) (Algemeine militaire  pensioenwet), - pensions awarded under the Law of 15 February 1967 (Staatsblad 138) on a new ruling in respect of  pensions for employees of the NV Nederlandse Spoorwegen (Netherlands Railway Company) and their  survivors (Railway Pensions Act) (Spoorwegpensioenwet), - pensions awarded under the Regulation governing conditions of employment of the Netherlands  Railway Company (Reglement Dienstvoorwaarden Nederlandse Spoorwegen) (RDV 1964 NS), or- benefits awarded to persons on reaching the pensionable age of 65 years pursuant to a pension  scheme, the object of which is to provide care and assistance for employed persons and former  employed persons in their old age. 2. Application of Netherlands legislation on general old-age insurance (Toepassing van de  Nederlandse Algemene Ouderdomswet) (AOW)(a) The reduction referred to in Article 13 (1) of the AOW  shall not be applied for calendar years or parts thereof before 1 January 1957 during which a  recipient, not satisfying the conditions permitting him to have such years treated as periods of  insurance, resided in the territory of the Netherlands between the ages of 15 years and 65 years,  or during which, whilst residing in the territory of another Member State, he pursued an activity  as an employed person in the Netherlands for an employer established in that country. By way of derogation from Article 7 of the AOW, persons who resided or worked in accordance with  the abovementioned conditions only prior to 1 January 1957 shall also be regarded as being entitled  to a pension. (b) The reduction referred to in Article 13 (1) of the AOW shall likewise not be applied to  calendar years or parts thereof before 2 August 1989 during which a married woman or a woman who  had been previously married between the ages of 15 years and 65 years, residing in a Member State  other than the Netherlands, was not insured under the abovementioned law in so far as the calender  years or parts thereof coincide with periods of insurance completed by her husband under that  legislation or with calendar years or parts thereof as referred to in (a). By way of derogation from Article 7 of the AOW, the said woman shall be considered as being  entitled to a pension. (c) The reduction referred to in Article 13 (2) of the AOW shall not be applied in respect of  calendar years or parts thereof before 1 January 1957 during which the spouse of the pensioner, not  satisfying the conditions permitting him to have these years treated as periods of insurance,  resided in the Netherlands between the ages of 15 years and 65 years, or during which, whilst  residing in the territory of another Member State, she pursued an activity as an employed person in  the Netherlands for an employer established in that country. (d) Neither shall the reduction referred to in Article 13 (2) of the AOW be applicable to calendar  years or parts thereof before 2 August 1989 during which the spouse of the pensioner resided in a  Member State other than the Netherlands between the ages of 15 years and 65 years and was not  insured under the abovementioned legislation in so far as the calendar years or parts thereof  coincide with periods of insurance completed by her husband under that legislation or with calendar  years or parts thereof as referred to in (a). (e) The provisions referred to in (a), (b), (c) and (d) shall be applied only if the person  concerned has resided for six years in the territory of one or more Member States after the age of  59 years and for as long as that person is residing in the territory of one of these Member  States. (f) By way of derogation from the provisions of Article 45 (1) of the law on general old-age  insurance (AOW), and Article 47 (1) of the law on general insurance for orphans and widows (AWW),  the spouse of an employed person or of a self-employed person covered by a compulsory insurance  scheme, residing in a Member State other than the Netherlands, shall be authorized to take out  voluntary insurance under that legislation but only for the periods after 2 August 1989 during  which the employed person or self-employed person is or was compulsorily insured under the  abovementioned legislation. This authorization ceases on the date of termination of the compulsory  insurance of the employed person or self-employed person. The aforementioned authorization shall not case, however, where the compulsory insurance of the  employed person or the self-employed person is terminated as a result of his death and where his  widow receives only a pension under the Netherlands legislation on general insurance for widows and  orphans (AWW). In any event, the authorization in respect of volontary insurance ceases on the date on which the  voluntarily insured person reaches the age of 65 years. The contribution which has to be paid for the aforementioned voluntary insurance shall be  determined for the spouse of an employed person or of a self-employed person who is compulsorily  insured under the Netherlands legislation on general old-age insurance (AOW) and the Netherlands  legislation on general insurance for widows and orphans (AWW) in accordance with the provisions  relating to the determination of the contribution of compulsory insurance, subject to the condition  that his/her income shall be deemed to have been received in the Netherlands. For the spouse of an employed person or of a self-employed person who was compulsorily insured on  or after 2 August 1989 the contribution shall be determined in accordance with the provisions  relating to the determination of the contribution for voluntary insurance under the Netherlands  legislation on general old-age insurance and the Netherlands legislation on general insurance for  widows and orphans. (g) The authorization referred to in (f) shall be granted only if the spouse of an employed person  or of a self-employed person has informed the Sociale Verzekeringsbank (Social Insurance Bank) not  later than one year after commencement of his/her compulsory insurance period of the intention to  take out voluntary insurance. For the spouse of an employed person or of a self-employed person who was compulsorily insured  immediately prior to or on 2 August 1989, the period of one year shall commence on the date of 2  August 1989. (h) The provisions referred to in (a), (b), (c) and (d) shall not be applicable to periods  coinciding with periods which may be taken into account for the calculation of pension rights under  the legislation governing old-age pensions in a Member State other than the Netherlands, or for  peridos during which the person concerned received an old-age pension under such legislation. (i) For the purposes of Article 46 (2) of the Regulation, only periods of insurance completed after  the age of 15 years under the Netherlands General Law on Old-Age Insurance (AOW) shall be taken as  periods of insurance. 3. (a) Any employed person or self-employed person who is no longer subject to Dutch legislation  governing widowhood insurance shall be deemed to be insured under such legislation when the risk  materializes, for the purposes of the implementation of the provisions of Chapter 3 of Title III of  the Regulation, if that person is insured under the legislation of another Member State for the  same risk or, failing that, in the case where a survivor's benefit is due in pursuance of the  legislation of another Member State. The latter condition shall be deemed to have been fulfilled,  however, in the case referred to in Article 48 (1). (b) Where, pursuant to subparagraph (a), a widow has the right to a widow's pension under Dutch  legislation relating to general insurance for widows and for orphans, that pension shall be  calculated in accordance with Article 46 (2) of the Regulation. For the application of these provisions, the periods of insurance completed before 1 October 1959  during which the employed person or self-employed person resided in the territory of the  Netherlands before attaining the age of 15 years or during which, while still resident on the  territory of another Member State, he carried out a gainful activity in the Netherlands for an  employer established in that country, shall also be regarded as periods of insurance completed  under the aformentioned Dutch legislation. (c) Account shall not be taken of the periods to be taken into consideration under subparagraph  (b), which coincide with periods of insurance completed under the legislation of another Member  State in respect of survivors' pensions. (d) For the purposes of Article 46 (2) of the Regulation, only periods of insurance completed after  the age of 15 years under the General Law on Insurance for Widows and Orphans (AWW) shall be taken  into account as periods of insurance. 4. (a) Any employed person or self-employed person who is no longer insured unter the Law of 18  February 1966 relating to insurance against incapacity for work (WAO) and/or under the Law of 11  December 1975 relating to incapacity for work (AAW) shall be considered to be still insured at the  time of the materialization of the risk for the purposes of the implementation of the provisions of  Chapter 3 of Title III of the Regulation, if he is insured for the same risk under the legislation  of another Member State or, failing that, in the case where a benefit is due under the legislation  of another Member State for the same risk. The latter condition shall be considered to be  fulfilled, however, in the case referred to in Article 48 (1). (b) If, pursuant to subparagraph (a), the person concerned is entitled to a Dutch invalidity  benefit, that benefit shall be awarded in accordance with rules laid down by Article 46 (2) of the  Regulation: (i) in accordance with the provisions laid down by the abovementioned Law of 18 February 1966  (WAO), if, at the time of occurrence of the incapacity for work he was insured for the same risk  under the legislation of another Member State as an employed person within the meaning of Article 1  (a) of the Regulation; (ii) in accordance with the provisions laid down by the abovementioned Law of 11 December 1975  (AAW) if, when the incapacity for work arose, he: - was insured for the risk under the legislation of another Member State but not in the capacity of  employed person within the meaning of Article 1 (a) of the Regulation, or- was not insured for the risk under the legislation of another Member State but can assert a  claim to benefits under the legislation of another Member State. If the amount of the benefit calculated pursuant to the provisions of (i) is less than that  resulting from application of the provisions of (ii), the last-mentioned benefit shall be payable. (c) In the calculation of the benefits awarded in accordance with the abovementioned Law of 18  February 1966 (WAO) or in accordance with the abovementioned law of 11 December 1975 (AAW), the  Dutch institutions shall take account of: - periods of paid employment and periods treated as such completed in the Netherlands before 1 July  1967, - periods of insurance completed under the abovementioned Law of 18 February 1966 (WAO), - periods of insurance completed by the person concerned after the age of fifteen years under the  abovementioned Law of 11 December 1975 (AAW) insofar as these do not coincide with the periods of  insurance completed under the abovementioned law of 18 February 1966 (WAO). (d) In the calculation of the Netherlands invalidity benefit pursuant to Article 40 (1) of the  Regulation, the Dutch institutions do not take account any supplements to be awarded under the  provision of the Law on supplements. The right to that supplement and the amount thereof are  calculated only on the basis of the Law on supplements. 5. Application of Netherlands legislation on family allowances(a) An employed on self-employed  person to whom Netherlands legislation on family benefits becomes applicable during a quarter and  who was, on the first day of that quarter, subject to the corresponding legislation of another  Member State, shall be considered as being insured as from that first day under Netherlands law. (b) The amount of the family benefits which may be claimed by an employed or self-employed person  who is considered, pursuant to (a), as being insured under Netherlands legislation on family  benefits shall be fixed in accordance with the detailed arrangements laid down in the implementing  Regulation referred to in Article 98 of the Regulation. 6. Application of certain transitional provisionsArticle 45 (1) shall not apply to the assessment  of entitlement to benefits under the transitional provisions of the legislations on general old-age  insurance (Article 46), on general insurance for widows and orphans and on general insurance  against incapacity for work. K. PORTUGAL1. The non-contributory benefits introduced by Decree-Law No 160/80 of 27 May 1980 and  Decree-Law No 464/80 of 13 October 1980 shall be granted under the conditions laid down for  Portuguese nationals to nationals of the other Member States indicated in Article 2 of Regulation  (EEC) No 1408/71, resident in Portugal. 2. The same also applies to refugees and stateless persons. L. UNITED KINGDOM 1.  When a person who is normally resident in Gibraltar, or who has been  required, since he last arrived in Gibraltar, to pay contributions under the legislation of  Gibraltar as an employed person, applies, as a result of incapacity to work, maternity or  unemployment, for exemption from the payment of contributions over a certain period, and asks for  contributions for that period to be credited to him, any period during which that persons has been  working in the territory of a Member State other than the United Kingdom shall, for the purposes of  his application, be regarded as a period during which he has been employed in Gibraltar and for  which he has paid contributions as en employed person in accordance with the legislation of  Gibraltar.  2. Where, in accordance with United Kingdom legislation, a person may be entitled to a retirement  pension if: (a) the contributions of a former spouse are taken into account as if they were that person's own  contributions, or(b) the relevant contribution conditions are satisfied by that person's spouse or former  spouse, then provided, in each case, that the spouse or former spouse is or was an employed or  self-employed person who had been subject to the legislation of two or more Member States, the  provisions of Chapter 3 of Title III of the Regulation shall apply in order to determine  entitlement under United Kingdom legislation. In this case, references in the said Chapter 3 to  'periods of insurance` shall be construed as references to periods of insurance completed by: (i) a spouse or former spouse, where a claime is made by a married woman, a man who is widowed or a  person whose marriage has terminated otherwise than by the death of the spouse, or(ii) a former spouse, where a claim is made by a widow, who was not in receipt of a survivor's  benefit immediatley before reaching pensionable age or who is only in receipt of an age-related  widow's pension calculated pursuant to Article 46 (2) o the Regulation.  3. (a) If unemployed benefit provided under United Kingdom legislation is paid to a person  pursuant to Article 71(1) (a) (ii) or (b) (ii) of the Regulation, then for the purpose of  satisfying the conditions imposed by United Kingdom legislation in relation to child benefit  concerning a period of presence within Great Britain or, as the case may be, Northern Ireland,  periods of insurance, employment or self-employment completed by that person under the legislation  of another Member State shall be regarded as periods of presence in Great Britain or, as the case  may be, Northern Ireland. (b) If, pursuant to Title II of the Regulation, excluding Article 13 (2) (f), United Kingdom  legislation is applicable in respect of an employment or self-employed person who does not satisfy  the condition imposed by United Kingdom legislation in relation to child benefit concerning: (i) presence within Great Britain or, as the case may be, Northern Ireland, he shall be regarded,  for the purpose of satisfying such condition, as being so present; (ii) a period of presence within Great Britain, or, as the case may be, Northern Ireland, periods  of insurance, employment or self-employment completed by the said worker under the legislation of  another Member State shall, for the purpose of satisfying such conditions, be regarded as periods  of presence in Great Britain or, as the case may be, Northern Ireland. (c) In respect of claims to family allowances under the legislation of Gibraltar the foregoing  provisions of subparagraphs (a) and (b) shall apply by analogy.  4. The widow's payment provided under United Kingdom legislation shall be treated, for the  purposes of Chapter 3 of the Regulation, as a survivor's pension.  5. For the purposes of applying Article 10a (2) to the provisions governing entitlement to  attendance allowance, mobility allowance and disability living allowance, a period of employment,  self-employment or residence completed in the territory of a Member State other than the United  Kingdom shall be taken into account insofar as is necessary to satisfy conditions as to presence in  the United Kingdom, prior to the day on which entitlement to the benefit in question first arise.  6. In the event of an employed person subject to United Kingdom legislation being the victim of an  accident after leaving the territory of one Member State while travelling, in the course of this  employment, to the territory of another Member State, but before arriving there, his entitlement to  benefits in respect of that accident shall be established: (a) as if the accident had occurred within the territory of the United Kingdom, and(b) for the purpose of determining whether he was en employed earner under the legislation of  Great Britain or the legislation of Northern Ireland or an employed person under the legislation of  Gibraltar, by disregarding his absence from those territories.  7. The Regulation does not apply to those provisions of United Kingdom legislation which are  intended ot bring into force an social security agreement concluded between the United Kingdom and  third State.  8. For the purposes of Chapter 3 of Title III of the Regulation no account shall be taken of  graduated contributions paid by the insured person under United Kingdom legislation or of graduated  retirement benefits payable under that legislation. The amount of the graduated benefits shall be  added to the amount of the benefit due under the United Kingdom legislation as determined in  accordance with the said chapter. The total of these two amounts shall constitute the benefit  actually due to the person concerned.  9. . . . . . . 10. For the purpose of applying the Non-Contributory Social Insurance Benefit and Unemployment  Insurance Ordinance (Gibraltar), any person to whom this Regulation is applicable shall be deemed  to be ordinarily resident in Gibraltar if he resides in a Member State. 11. For the purpose of Articles 10, 27, 28, 28a, 29, 30 and 31 of the Regulation, the attendance  allowance granted to en employed or self-employed person under United Kingdom legislation shall be  considered as an invalidity benefit. 12. For the purpose of Article 10 (1) of the Regulation any benficiary under United Kingdom  legislation who is staying in the territory of another Member State shall, during that stay, be  considered as if he resided in the territory of that other Member State. 13.1. For the purpose of calculating an earnings factor with a view to determining the right to  benefits under United Kingdom legislation, subject to point 15, each week during which an employed  or self-employed person has been subject to the legislation of another Member State and which  commenced during the relevant income tax year within the meaning of United Kingdom, legislation  shall be taken into account in the following way: (a) Periods between 6 April 1975 and 5 April 1987: (i) for each week of insurance, employment or residence as an employed person, the person concerned  shall be deemed to have paid contributions as an employed earner on the basis of earnings  equivalent to two-thirds of that year's upper earnings limit; (ii) for each week of insurance, self-employment or residence as a self-employment person the  person concerned shall be deemed to have paid class 2 contributions as a self-employed earner. (b) Periods from 6 April 1987 onwards: (i) for each week of insurance, employment or residence as an employed person, the person concerned  shall be deemed to have received, and paid contributions as en employed earner, for, weekly  earnings equivalent to two-thirds of that week's upper earnings limit; (ii) for each week of insurance, self-employment or residence as a self-employed person the person  concerned shall be deemed to have paid class 2 contributions as a self-employed earner. (c) For each full week during which he has completed a period treated as a period of insurance,  employment, self-employment or residence, the person concerned shall be deemed to have had  contributions or earnings credited to him as appropriate, but only to the extend required to bring  his total earnings factor for that tax year to the level required to make that tax year a  reckonable year with in the meaning of the United Kingdom legislation governing the crediting of  contributions or earnings. 13.2. For the purposes of Article 46(2) (b) of the Regulation, where: (a) if in any income tax year starting on or after 6 April 1975, an employed person has completed  periods of insurance, employment or residence exclusively in a Member State other than the United  Kingdom, and the application of paragraph 1 (a) (i) or paragraph 1 (b) (i) results in that year  being counted as a qualifying year within the meaning of United Kingdom legislation for the  purposes of Article 46(2) (a) of the Regulation, he shall be deemed to have been insured for 52  weeks in that year in that other Member State; (b) any income tax year starting on or after 6 April 1975 does not count as a qualifying year  within the meaning of United Kingdom legislation for the purposes of Article 46 (2) (a) of the  Regulation, any periods of insurance, employment or residence completed in that year shall be  disregarded. 13.3. For the purpose of converting an earing factor into periods of insurance the earnings factor  achieved in the relevant income tax year within the meaning of United Kingdom legislation shall be  divide by that year's lower earnings limit. The result shall be expressed as a whole number, any  remaining fraction being ignored. The figure so calculated shall be treated as representing the  number of weeks of insurance completed under United Kingdom legislation during that year provided  that such figure shall not exceed the number of weeks during which in that year that person was  subject to that legislation. 14. In appyling Article 40 (3) (a) (ii), account shall only be taken of periods during which the  employed or self-employed person was incapable of work within the meaning of United Kingdom  legislation. 15.1. For the purpose of calculating, under Article 46 (2) (a) of the Regulation, the theoretical  amount of that part of the pension which consists of an additional component under United Kingdom  legislation: (a) the expression 'earnings, contributions or increases` in Article 47 (1) (b) of the Regulation  shall be construed as meaning surpluses in earnings factors as defined in the Social Security  Pensions Act 1975 or, as the case may be, the Social Security Pensions (Northern Ireland) Order  1975; (b) an average of the surpluses in earnings factor shall be calculated in accordance with Article  47 (1) (b) of the Regulation as construed in subparagraph (a) above by dividing the aggregated  surpluses recorded under United Kingdom legislation by the number of income tax years within the  meaning of United Kingdom legislation (including part income tax years) completed under that  legislation since 6 April 1978 which occur within the relevant period of insurance. 15.2. The expression 'periods of insurance or residence` in Article 46 (2) of the Regulation shall  be construed, for the purpose of assessing the amount of that part of the pension which consists of  an additional component under United Kingdom legislation, as meaning periods of insurance or  residence which have been completed since 6 April 1978. 16. An unemployed person returning to the United Kingdom after the end of the period of three  months during which he continued to receive benefits under the legislation of the United Kingdom  pursuant to Article 69 (1) of the Regulation shall continue to be entitled to unemployment benefits  by way of derogation from Article 69 (2) if he satisfies the conditions in the aforementioned  legislation. 17. For the purposes of entitlement to severe disablement allowance any employed or self-employed  person who is, or has been, subject to United Kingdom legislation in accordance with Title II of  the Regulation, excluding Article 13 (2) (f): (a) shall, for the entire period during which he was employed or self-employed and subject to  United Kingdom legislation whilst present or resident in another Member State, be treated as having  been present or resident in the United Kingdom; (b) shall be entitled to have periods of insurance as an employed or self-employed person completed  in the territory and under the legislation of another Member State treated as periods of presence  or residence in the United Kingdom. 18. A period of subjection to United Kingdom legislation in accordance with Article 13 (2) (f) of  the Regulation may not: (i) be taken into account under that provision as a period of subjection to United Kingdom  legislation for the purposes of Title III of the Regulation, nor(ii) make the United Kingdom the competent State for the provision of the benefits provided for  in Articles 18, 38 or 39 (1) of the Regulation. 19. Subject to any conventions concluded with individual Member States, for the purposes of Article  13 (2) (f) of the Regulation and Article 10b of the Implementing Regulation, United Kingdom  legislation shall case to apply at the end of the day on the latest of the following three days to  any person previously subject to United Kingdom legislation as an employed or self-employed  person: (a) the day on which residence is transferred to the other Member State referred to in Article 13  (2) (f); (b) the day of cessation of the employment or self-employment, whether permanent or temporary,  during which that person was subject to United Kingdom legislation; (c) the last day of any period or receipt of United Kingdom sickness or maternity benefit  (including benefits in kind for which the United Kingdom is the competent State) or unemployment  benefit which(i) began before the date of transfer of residence ot another Member State or, if  later, (ii) immediately followed employment or self-employment in another Member State while that person  was subject to United Kingdom legislation. 20. The fact that a person has become subject to the legislation of another Member State in  accordance with Article 13 (2) (f) of the Regulation, Article 10b of the Implementing Regulation  and point 19 above, shall not prevent: (a) the application to him by the United Kingdom as the competent State of the provisions relating  to employed or self-employed persons of Title III, Chapter 1 and Chapter 2, Section 1 or Article 40  (2) of the Regulation if he remains and employed or self-employed person for those purposes and was  last so insured under the legislation of the United Kingdom; (b) his treatment as an employed or self-employed person for the purposes of Chapter 7 and 8 of  Title III of the Regulation or Articles 10 or 10a of the Implementing Regulation, provided United  Kingdom benefit under Chapter 1 of Title III is payable to him in accordance with paragraph (a).  ANNEX VII (A) (1) (2) (3)INSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY SUBJECT TO  THE LEGISLATION OF TWO MEMBER STATES (Article 14c (b) of the Regulation)1. Where he is  self-employed in Belgium and gainfully employed in any other Member State, except Luxembourg. For  Luxembourg the exchange of letters of 10 and 12 July 1968 between Belgium and Luxembourg shall  apply. 2. Where a person resident in Denmark is self-employed in Denmark and gainfully employed in any  other Member State. 3. For the agricultural accident insurance scheme and the old-age insurance scheme for farmers:  where he is self-employed in farming in Germany and gainfully employed in any other Member State. 4. Where a person resident in Spain is self-employed in Spain and gainfully employed in any other  Member State. 5. Where he is self-employed in France and gainfully employed in any other Member State, except  Luxembourg. 6. Where he is self-employed in farming in France and gainfully employed in Luxembourg. 7. For the pension insurance scheme for self-employed persons: where he is self-employed in Greece  and gainfully employed in any other Member State. 8. Where he is self-employed in Italy and gainfully employed in any other Member State. 9. Where he is self-employed in Portugal and gainfully employed in any other Member State. >TABLE>