Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) N° 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, Regulation (EEC) N° 574/72 laying down the procedure for implementing Regulation (EEC) N° 1408/71, Regulation (EEC) N° 1247/92 amending Regulation (EEC) N° 1408/71 and Regulation (EEC) N° 1945/93 amending Regulation (EEC) N° 1247/92
Date: 1994-04-20
Institutions: European Commission
Subjects: Community migration, EU national, family, self-employment, social security, wage earner

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COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0M(94)  135  final 
Brussels,  20.04.1994 

94/  011KCNS) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

amending  Regulation  (EEC) N* 1408/71 

on the application of social security schemes to 

employed  persons, to self-employed  persons and to 

members of their families moving within the  Community, 

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

implementing  Regulation  (EEC) N* 1408/71, 

Regulation  (EEC) N' 1247/92 amending 

Regulation  (EEC) N-  1408/71  and 

Regulation  (EEC) IT 1945/93 amending  Regulation  (EEC) N° 1247/92 

I 

(presented by the  Commission) 

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EXPLANATORY  MEMORANDUM 

relating to the proposal  for a Council  Regulation amending  Regulation 
(EEC) N* 1408/71 on the application of social security schemes to 
employed persons, to self-employed  persons and to members of their 
families moving within the Community  and Regulation  (EEC) N* 574/72 
laying down the procedure  for implementing  Regulation  (EEC) N* 1408/71, 
Regulation  (EEC) n° 1247/92 amending  Regulation  (EEC) N° 1408/71  and 
Regulation  (EEC) N° 1945/93 amending  Regulation  (EEC) N° 1247/92. 

INTRODUCTION 

Since the entry into force of Regulation  (EEC) N* 2001/83, which  is a 
consolidated update in a single official  text of Regulations  (EEC) 
Nos 1408/71 and 574/72, following  the extension of their scope to 
self-employed  persons, these Regulations  have been amended by 
Council Regulations  (EEC) Nos 1660/85 and 1661/85, Commission 
Regulation N* 513/86, and Council Regulations Nos 3811/86, 1305/89, 
2332/89, 3427/89, 2195/91, 1247/92, 1248/92 and 1249/92, and  by the 
1985 Act of Accession of Spain and Portugal. 

The proposal aims to update the Community  Regulations in the  light of 
a number of changes to form, substance and administration  made by 
national  legislations  in the intervening  period, to take account of 
the bilateral agreements concluded between the Member States and to 
improve the functioning of the  coordination. 

Article One 

Amendments  to Regulation  (EEC) N* 1408/71 

1. 

The Insertion of an Article 25a, and the amendment  to 
Articles 39, 45 and 72a 

It is stated  in the Regulation that, in the case of a wholly 
unemployed worker, benefits  in respect of sickness and  maternity, 
Invalidity, old age and  family benefits  shall be at the expense 
of the institution of the State of  residence.  However, no 
provision has been made for the collection of contributions. 
The amendments proposed  are aimed at  remedying this situation 
by providing that the contributions are collected by the 
Member State of  residence. 

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2. 

The Insertion of a paragraph  2 In Article  86. 
In order  to avoid  a situation in which a family  loses its rights to 
family benefits, a new paragraph  has been inserted  in which  it  is stated 
that a new application mus.t be* submitted by the actual  beneficiary. 

3* 

The.Insertion of a new Article 90 

This amendment  stipulates that housing  allowances  shall be awarded 
under the  legislation of the Member State where  the person  concerned 
resides.  For, the benefits  in question here are, per definition, 
always based on the  living conditions obtaining  In the Member  State 
of  residence. 

4. 

The Insertion of a new Article 95b 

Regulation  (EEC) N* 1247/92 concerning  special  non-contributory 
benefits, amending  Regulation  (EEC) N* 1408/71 contains  transitional 
provisions, which have not been incorporated  Into Regulation  (EEC) 
N* 1408/71.  These  rules have been added to by the provisions 
appearing  in Regulation  (EEC) N* 1945/93. 

The proposed  amendment alms at  Incorporating all the  transitional 
provisions  in Regulation  (EEC) N* 1408/71, Itself, in order to 
facilitate  the understanding of the texts  In force. 

5. 

Amendment  to Annex  I - Part  II 

In accordance with what  is  laid down in the second sentence of 
Article  1(f) of the Regulation, Part  II of Annex  I contains  the 
meaning of the concept  of "members of  the family" for the 
Member  States whose  legislation concerning benefits  1n kind for 
sickness and maternity does not enable members of a family  to be 
distinguished  from the other'persons to whom  It applies. 

(a)  Amendment  to heading  G. Ireland 

The proposed  amendment  to this heading  1s aimed at making 
it clear  that  the reference  to dependants  for the  application 
of the Health Acts of  1947-70 does not  concern benefits  in 
kind  for sickness and maternity.  For, according  to the 
present  text, misunderstandings  could arise  In so far as the 
concept of  "dependant" differs  from that where  1t  is a matter 
of certain cash benefits pursuant  to the Health Acts of 
1947-70 or benefits  1h kind for sickness and maternity 
pursuant  to the same  legislation. 

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(b)  Amendment  to heading L. United  Kingdom 

This proposal  1s aimed at  replacing  the present  definition 
given under this heading, which  1s considered  to be  inadequate. 
For, the expression used must  specify  the fact  that,for the 
award of  the various benefits  In kind, the concept of 
"dependant" 1s Interpreted differently  from time to time. 

In the amendment  to heading G. Ireland and to heading 
L. United Kingdom,  it 1s proposed  that  the reference to 
Article 22(1) (a) and  to Article 31 be deleted  so that  this 
definition also applies to the other Articles for which  1t Is 
likewise necessary  that  the Member State of résidente must 
determine who  Is a member of  the .family. 

6. 

Amendment  to Annex  Ha 

Annex  Ha  lists the special non-contributory  benefits awarded  to the 
persons  concerned exclusively  in the territory of the Member  State 1n 
which  they  reside, in application of Article  10a of the Regulation. 

(a)  Amendment  to heading B. Denmark 

It 1s proposed  that the flat-rate rehabilitation benefit  be 
mentioned under this heading because  it Is a special non-
contributory benefit  which is not. exportable. 

(b)  Amendment  to heading  I. Luxembourg 

The Luxembourg  compensatory  cost-of-living  allowance no  longer 
exists  1n Luxembourg  legislation and should therefore be 
deleted  from Annex  H a. 

7. 

Amendment  to Annex  III 

Part B of Annex  III  lists the provisions of social security  conventions 
which do not apply  to all persons to whom  the Regulation applies. 

It is proposed  that point  24, Germany-Greece, be amended  in order to 
take account  of the arrangement between  the Greek and German authorities, 
in accordance with which Greece takes account of the insurance periods 
completed  in the former GOR by  repatriated  Greeks,  that  the agreement 
applies only  to persons  who  return  to Greece not  later than 
2 October  1990.  The situation  concerning  other persons  is  regulated 
by German  law and by Community  law. 

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8. 

Amendment  to Annex VI 

Annex VI contains the special procedures  for applying  the  legislation 
of certain Member  States.  One of the amendments  to heading F. Greece, 
is the deletion of point  3 in order to avoid any problems  concerning 
the restructuring  of the Greek social  insurance.  Furthermore, the 
new provisions  take account  of the specific  character of the Greek 
legal supplementary  schemes, and provision has been made for 
equality of treatment  between persons who are compulsorily  insured 
in another Member  State who go to work  for the first  time in Greece 
from 1 January  1993 onwards and persons already  insured before that 
date. 

Article 2 

Amendments  to Regulation  (EEC) N" 574/72 

1. 

Amendment  to Article  17(2) and to Article 30(1) 

The aim of this amendment  is to extend  to German institutions  the 
specific provisions  already provided  for in respect of French 
institutions by virtue of which  a certified statement  is valid 
only  for one year  following  the date of  its issue and must be 
renewed every year;  this means  that henceforth  insured persons 
are free to choose their own sickness  fund on German  territory. 

2. 

Insertion of a new Article 87 

The insertion of a new Article 87 is aimed at  facilitating  the 
procedure  for applying  Article 86(2) of Regulation  (EEC) N* 1408/71, 
thereby guaranteeing  all the  rights of the family  concerned. 

3. 

Amendment  to Article 95 

This provision  should be amended  so that  more specific account  can 
be taken of•the actual  expenditure of the institutions of the 
Member  States where both  spouses  receive a pension-

4. 

Amendment  to Article  107(1) 

The amendment  proposed  takes  consideration of all the amendments 
(relating  to the conversion of currencies) made by  Regulations 
(EEC) Nos 2195/91, 1248/92 and 1249/92. 

5. 

Amendment  to Annex  2 

Annex  2 lists the competent  institutions of each Member  State. 

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(a)  Amendment  to heading 8. Denmark 

The amendment  proposed  for points  2(a) and 3(a) take account of 
the administrative  changes  for Denmark.  The "Direktoratet  for 
Social Sikring og Bistand  (Directorate  for Social  Security and 
Social .Assistance), Kobenhavn" becomes  the competent  institution 
instead of the  "Socialministeriet  (Ministry  for Social  Affairs), 
Kobenhavn". 

(b)  Amendment  to heading  I. Luxembourg 

The proposed  amendments are the result of an  administrative 
reorganization  in Luxembourg. 

(c)  Amendment  to heading  J. the Netherlands 

The proposed  amendments  are the result of an  administrative 
reorganization  in the Netherlands. 

6. 

Amendment  to Annex 3 

Annex 3  lists the institutions of the place of  residence and the 
institutions of the place of stay. 

(a)  Amendment  to heading B. Denmark 

The proposed  amendments  to point  I., institutions of the place 
of stay, under  (b) and  (c) and  (i) are the same as those outlined 
above  for Annex  2. 

(b)  Amendment  to heading  I. Luxembourg 

The proposed  amendments  are the result of an  administrative 
reorganization  in Luxembourg. 

(c)  Amendment  to heading J. the Netherlands 

The proposed amendment  is the  result of an  administrative 
reorganization  in the Netherlands. 

7. 

Amendment  to Annex  4 of Regulation  (EEC) N* 574/72 

Annex 4  lists the  liaison bodies. 

(a)  Amendment  to heading B. Denmark 

The proposed  amendment  to points  1, 2, 3 and  5 is the same as those 
outlined  above  for Annex  2. 

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(b)  Amendment  to heading  I. Luxembourg 

The proposed amendments  are the result of an  administrative 
reorganization  in  Luxembourg. 

(c)  Amendment  to heading  J. the Netherlands 

The proposed amendment  is the result of an  administrative 
reorganization  in the Netherlands. 

8. 

Amendment  to Annex 5 

Annex  5 lists the implementing  provisions of bilateral  conventions 
which  remain in force.  Three amendments  should be made to this Annex. 

For, an agreement on the partial  reciprocal waiving of  reimbursement 
provided  for in Article 36(3) and Article 63(3) of the Regulation 
and the reciprocal waiving  of  reimbursement  provided  for in 
Article  105(2) of the implementing  Regulation  (partial waiving of 
costs of  reimbursement  in respect of benefits in kind for sickness, 
maternity, accidents at work and occupational diseases and waiving 
of the reimbursement  of the costs of administrative  controls and 
medical examinations) was concluded between Denmark and Spain on 
1 July 1990. 

Another agreement  concerning  the partial  reciprocal waiving of 
reimbursement  provided  for in Article 36(3) and  in Article  63(3) 
of the Regulation and the  reciprocal waiving of  reimbursement 
provided  for in Article 105(2) of the implementing  Regulation 
(partial  reciprocal waiving  of  reimbursement  in respect of 
benefits  in kind  for sickness, maternity, accidents at work and 
occupational  diseases and waiving  of the  reimbursement  of the costs 
in respect of administrative  controls and medical  examinations) 
was concluded between Denmark and Greece on 8 May 1986. 

Finally, an agreement  between Greece and the Netherlands was 
concluded  on the procedures of  reimbursement  between  institutions. 

9. 

Amendment  to Annex  9 

Amendment  to heading  I. Luxembourg 

The proposed  amendments  are the  result of an  administrative 
reorganization  in  Luxembourg. 

10.  Amendment  to Annex  10 of Regulation  N* 574/72 

Annex  10 lists the institutions  and bodies designated  by the 
competent  authorities. 

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(a)  Amendment  to heading A. Belgium 

Article  10 of Regulation  (EEC) N° 574/72  lists the  institutions 
and bodies designated by the competent  authorities.  For 
employed  persons, this will be the insurance  institution to 
which  the insured person  is affiliated  or with which  he is 
registered;  for self-employed  persons, this will be the 
l'institut  national  d'assurances  sociales pour  travailleurs 
indépendants  (National  Social  Insurance  Institute  for the 
Self-Employed), Brussels. 

(b)  Amendment  to heading B. Denmark 

The proposed amendment  is the same as that outlined above for 
Annex  2. 

(c)  Amendment  to heading  I. Luxembourg 

The proposed  amendments  are the  result  of an  administrative 
reorganization  in  Luxembourg. 

Article 3 

Amendment  to Regulation  (EEC) N° 1247/92 

Article 2 of the Regulation  should be deleted  in view of the fact  that it 
has been proposed  that  the provisions of this Article be included  in 
Regulation  (EEC) N° 1408/71.  Consequently, Article 3 of Regulation  (EEC) 
N° 1247/92 should become Article 2. 

Article 4 

Amendment  to Regulation  (EEC) N° 1945/93 

Article 3 of this Regulation  should  likewise be deleted  in view of the 
fact  that  the contents of the Article are included  in Regulation  (EEC) 
N° 1408/71.  Consequently, Article 4 of Regulation  (EEC) N-  1945/93 
should become Article 3, and point  10 of the same Article, in which 
reference  is made to Article 3, should be deleted. 

;2) 

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Proposal  for a 

COUNCIL  REGULATION  (EC) 

amending  Regulation  (EEC) N* 1408/71 
on the application of social security schemes to 
employed persons, to self-employed  persons and to 
members of their families moving within the  Community, 
Regulation  (EEC) N° 574/72  laying down the procedure  for 

implementing  Regulation  (EEC) N*  1408/71, 
Regulation  (EEC) N* 1247/92 amending 
Regulation  (EEC) N° 1408/71  and 
Regulation  (EEC) N° 1945/93 amending  Regulation  (EEC) N° 1247/92 

THE COUNCIL OF THE EUROPEAN  UNION,, 

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

Having  regard to the proposal  from the Commission, drawn up after  consulting 
the Administrative  Commission  on Social Security  for Migrant Workers*'', 

Having  regard to the Opinion of the European Parliament 

, 

(2) 

Having  regard to the Opinion of the Economic and Social Committee 

, 

(3) 

Whereas there is a need for certain amendments  to be made to Regulations 
(EEC) Nos 1408/71<*>  and  (EEC) N° 574/72*5), as  last amended by Regulation 
(EEC) N* 1945/93*°);  whereas some of these amendments  relate to changes 
made by the Member States to their social security  legislation while others 
are of a technical nature and are designed  to refine the said Regulations; 

Whereas in the case of totally unemployed  persons, benefits for sickness 
and maternity, invalidity, old age and  family benefits shall be for the 
account of the institution of the country of  residence  (Articles  25(2), 
39(6), 45(6) and 72a of Regulation  (EEC) N*  1408/71), and that this 
institution is also competent  in the matter of the award of  unemployment 
benefits  (Article 71 of the same Regulation);  whereas the abovementioned 
provisions of the Regulation designate the Member State competent  in the 
matter of the benefits in question whereby  reference  is made to the 
legislation of the Member State thus designated;  whereas  it has been 

(1) 

(2) 

(3) 

(4)  0J  N° L 149, 5.7.1971, p. 2 

(5)  0J  N° L 74, 27.3.1972, p. 1 

(6)  0J  N° L 181, 23.7.1993, p. 1 

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ascertained  that  no provision  has been made  for the deduction of contributions  for 
the aforementioned  benefits  in those cases where the  legislation of the State 
competent  in the matter of unemployment  benefits provides  for this  reduction;  that 
it would  seem expedient  to  remedy this situation by the introduction of a provision 
stating that the Member  State of  residence may deduct  the contributions  where this 
has been provided  for in its own  legislation, under the condition  that  the 
application  of this  legislation  does not have any discriminatory  effects  in respect 
of nationals of other Member  States and that  it does not  constitute a hindrance to 
the  freedom of movement  of these persons; 

Whereas  it would appear necessary  to ensure that a family does not  lose the 
rights to ..family benefits because  the time-limit  concerned  is too short,., and 
that  for this purpose Article 86 of Regulation  (EEC) N* 1408/71  should be  amended; 

Whereas there  1s a need, taking account of the'specific nature of the housing 
allowances, which are closely  linked to the. national  territory, to specify in 
Article 90 of Regulation  (EEC) N* 1408/71  that this benefit  is awarded only -by 
the Member State of  residence; 

Whereas, for reasons of efficacy, it would be preferable  to regroup all the 
transitional provisions  concerning  the special non-contributory benefits in a 
new Article 95b of Regulation  (EEC)  W  1408/71; 

Whereas  there 1s a need  for certain amendments  to be made to headings 
"G. Ireland" and "L. United Kingdom" In Annex  I, Part  II of Regulation  (EEC) 
N" 1408/71  for the purpose of taking account of the interpretation given by 
the Irish and United Kingdom authorities  to the concept of "member of the 
family"; 

' 

i 

Whereas  1t has become necessary to add to Annex  Ha  of Regulation  (EEC) 
N-  1408/71 under the heading  "8. Denmark" a flat-rate  rehabilitation allowance, 
which constitutes a non-exportable  special non-contributory benefit; 

Whereas  there is a need  to delete  the entry 1n Annex  Ha  under heading 
"I. Luxembourg" the compensatory  cost-of-living  allowance since that allowance 
no  longer exists  in Luxembourg  legislation; 

Whereas, as a result of an agreement  concluded between the Greek and German 
authorities, there  is a need to complete Annex  III, Part B, point 24 of 
Regulation  (EEC) N* 1408/71; 

Whereas  it would appear necessary  to adapt heading  "F. Greece" of Annex VI to 
Regulation  (EEC) N" 1408/71 as a result of the  restructuring  of the social 
insurances and of the various amendments made to Greek  legislation; 

Whereas  it is necessary  to amend Articles  17(2) and 30(1) of Regulation  (EEC) 
N* 574/72 for the purpose of extending  to German institutions a specific, 
provision already provided  for in respect of  French  institutions, taking 
account of the fact  that  this will give  rise to a greater  fluctuation of 
insured persons between  the various  sickness  funds; 

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Whereas  there is a need to insert a new Article 87 in Regulation  (EEC) 
N* 574/72 for the purpose of  facilitating  the procedure of  implementing 
the new paragraph  2 in Article 86 of Regulation  (EEC) N* 1408/71  and to 
guarantee that the  family  is not obliged  to reimburse  family benefits 
erroneously awarded by an institution where the family has hot  received 
the amount of benefits due  from the competent  institution; 

Whereas  there is a need to amend Article 95 of  Regulation  (EEC) N* 574/72 
for the purpose of maintaining  a state of equilibrium between  the amount 
to be  reimbursed  and the  real expenditure of the institutions of the 
Member States; 

Whereas  there is a need  to amend the text of Article 107(1) of  Regulation 
(EEC) N* 574/72 for the purpose of taking account of the amendments  that 
have been made by Regulations  (EEC). Nos 2195/91, 1248/92 and  1249/92; 

Whereas, as a result of the administrative  amendments  made in Denmark, 
there is a need to adapt  the heading  "B. Denmark" of Annexes 2, 3, 4, and 
10 to Regulation  (EEC) N* 574/72; 

Whereas thsre is a need to adapt points  13 "Denmark-Spain" and 15 
"Denmark-Greece" of Annex  5 to Regulation  (EEC) N* 574/72 in order to take 
account  of the agreements  concluded by these Member States; 

Whereas  there is  likewise a need to amend Annex  5 as a result of an agreement 
between Greece and  the Netherlands pursuant to Article 36(3) of Regulation 
(EEC) N° 1408/71; 

Whereas  it is necessary  to adapt  the heading  "A. Belgium" of Annex  10 to 
Regulation  (EEC) N° 574/72 for the purpose of mentioning  the  competent 
institution  referred  to in Article  10 of the said  Regulation; 

Whereas, as a result of an administrative  reorganization of the sickness 
insurance  in Luxembourg, there is a need to amend  the entries  in Annexes 2, 
3, 4, 9 and 10 to Regulation  (EEC) N-  574/72 under the heading 
"I. Luxembourg"; 

-

Whereas, as a  result of a change in the denomination of the Netherlands 
Labour Councils, it is necessary  to adapt  Annexes  2, 3 and 4 to Regulation 
(EEC) N* 574/72 under heading  "J. the Netherlands"; 

Whereas  there  is a need to delete Article 2 of Regulation  (EEC) N*  1247/92 
and Article 3 of Regulation  (EEC) N* 1945/93, the contents of which are 
contained  in Regulation  (EEC) N* 1408/71;  that  it is consequently  necessary 
to renumber  Article 3 of Regulation  (EEC) N#  1247/92 and Article 4 of 
Regulation  (EEC) N* 1945/93, and to delete point  10 of the  last-mentioned 
Article  in which  reference  is made to the deleted provisions; 

-  12 -

HAS ADOPTED THIS  REGULATION: 

Article One 

Regulation  (EEC) N* 1408/71  shall be amended  as follows: 

1. 

The following  Article 25a shall be inserted after Article 25: 

"Contributions  for the account of totally unemployed  persons 

The institution of a Member  State, which owes benefits  in kind and 
in cash to the unemployed persons mentioned  in Article  25(2), which 
applies a  legislation that provides  for the deduction of  contributions 
for the account of the unemployed  persons  for the purpose of 
insurance  cover  for benefits  in respect of sickness and  maternity 
shall be authorized  to make these deductions  in accordance with the 
provisions of its  legislation." 

2. 

Article 39 shall be amended  as follows. 

The following  subparagraph  shall be inserted after the first 
subparagraph  of paragraph  6: 

"Where this institution applies a  legislation by virtue of which 
the deduction of contributions are for the account of  unemployed 
persons  for the purpose of insurance  cover  for invalidity benefits, 
it shall be authorized  to make these deductions  in accordance with 
the provisions of  its  legislation." 

3. 

Article 45 shall be amended as follows. 

The following  subparagraph  shall be added  after the first  sentence 
of paragraph  6: 

"Where this institution applies a  legislation by virtue of which 
the deduction of  contributions  is for the account of unemployed  persons 
for the purpose of insurance cover  for old age and death  (pensions), 
it shall be authorized  to make these deductions  in accordance with the 
provisions of its  legislation." 

4. 

Article 72a shall be amended as follows. 

The following  paragraph  shall be added: 

"Where that  institution applies a  legislation by virtue of which 
the deduction of contributions  is for the account of  unemployed 
persons for the purpose of insurance  cover for family benefits, it 
shall be authorized  to make these deductions  in accordance with the 
provisions of its  legislation." 

5. 

Article 86 shall be amended  as follows. 

The existing  text becomes paragraph  1, and the following  paragraph  2 
shall be  inserted: 

"Where a claim for family benefits has been submitted in a Member State which is rot 
competent by priority right, the date on which that first application was made shall be 
considered as the date on which it was submitted to the authority, institution or 
tribunal, provided that a new application is submitted in the Member State, which is 

- 13 -

competent  by priority  right-  The second application shall be 
submitted within a period of one year after notification of the 
rejection of the first  application. 

The first sentence shall be applicable only.where the person who 
submitted  the first application  is one of the potential beneficiaries." 

6. 

An Article 90 shall be inserted.  It shall  read as follows: 

"Housing  allowances 

Housing allowances shall be granted only by virtue of the  legislation 
of a Member State on whose territory  the person concerned  resides. 
The benefits shall be awarded by and  for the account of the institution 
of the place of  residence." 

7. 

An Article 95b shall be added.  It shall  read as follows: 

"1.  Regulation  (EEC) N* 1247/92 shall not provide any entitlement 

for periods prior to 1 June 1992. 

2.  The periods of  residence and periods of employment  or of 

self-employment  completed  on the territory of a Member  State 
before 1 June 1992 shall be taken into consideration  for the 
determination of  rights acquired  under the provisions of 
Regulation  (EEC) N* 1247/92. 

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

under Regulation  (EEC) N" 1247/92 even where  it  relates to a 
contingency  that occurred  before  1 June 1992. 

4.  All special non-contributory  benefits which have not been 

awarded or which have 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 June 1992, provided  that the rights previously 
determined  have not given  rise to a lump-sum  payment. 

5.  The rights of persons to whom a pension was awarded prior to 

1 June 1992, may, on the application of the persons  concerned, 
be  reviewed, taking  account  of the provisions of  Regulation 
(EEC) N° 1247/92. 

6. 

jm 

If an application  referred  to in paragraph  4 or 5 is submitted 
within two years  from  1 June 1992, the rights acquired under 
Regulation  (EEC) N* 1247/92 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. 

If an application  referred  to in paragraph 4 or 5 is submitted 
after the expiry of the two-year period after 1 June 1992, 
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. 

- 14 -

8.  The application of Regulation  (EEC) N° 1247/92 may not  result 
in the withdrawal  of benefits, which were awarded  before 
1 June 1992 by the competent  institutions of the Member  States 
under Title III of Regulation  (EEC) N° 1408/71  to which 
Article  10 of that Regulation  is applicable. 

9. 

The application  of Regulation  (EEC) N* 1247/92 may not  result 
in the  rejection of an application  for a special  non-contributory 
benefit  awarded  as a supplement  to a pension, which was  submitted 
by the person  concerned who had  satisfied  the conditions  for the 
award of this benefit before  1 June  1992, even where the person 
concerned  resides on the territory  of a Member  State other than 
the competent  Member  State,provided  that  the application  for 
the benefit  is submitted within a period of five years  starting 
from  1 June 1992. 

10.  Notwithstanding  the provisions of paragraph  1, any special 

non-contributory  benefit, granted  as a supplement  to a pension, 
which  has not been awarded or which  has been suspended by  reason 
of the  residence of the person  concerned  on the territory of a 
Member State other than the competent  Member  State shall, on 
the application  of the person  concerned, be awarded  or  resumed 
with effect  from  1 June 199^ in the first  case from  the date on 
which  the benefit  should have been awarded, and in the second 
case on the date of suspension  of the benefit. 

11.  Where  the special non-contributory  benefits  referred to in 

Article 4(2a) can be awarded  during  one and the same period  for 
one and  the same person under Article  10a by the  competent 
institution of the Member  State on whose  territory where the 
person  concerned  resides and under paragraphs  1-10 of this 
Article by the competent  institution of another Member State, 
the amount  that arises  from  the cumulation  of these benefits 
may not exceed  the amount of the highest  special benefit 
to which  the person  concerned  would be entitled  in application 
of one of the  legislations  in question. 

12.  The procedures  for the application of the preceding  paragraph, 

notably the application of the clauses  in  respect of  reduction, 
suspension or withdrawal of these benefits, provided  for by the 
legislation of one or more Member  States and the award of 
supplementary  differentials, shall be determined by  common 
accord by the Member  States  in question or by their  competent 
authorities  or by a decision of the Administrative  Commission. 

- 15 -

8. 

In Annex  I, Part  II, the heading  "G. Ireland" shall be  replaced 
by the following  text: 

"G. Ireland 
In order to determine the  right  to benefits in kind for sickness 
and maternity  in application of the Regulation, the term 
"member of the family" shall mean any person considered  as being 
a dependant  of an employed  person or of a self-employed  person 
for the application of the Health Acts of 1947-1970." 

9. 

In Annex  I, Part  II, the heading  "L. United Kingdom" shall be 
replaced by the following  text: 

"For the purpose of determining  entitlement  to benefits  in  kind, 
the term  "member  of the family" means: 

1.  as  regards the  legislation of either Great Britain or 

Northern  Ireland, 
(1)  a spouse, provided  that 

(a)  the worker is 

(1) 
(ii) 

residing  with the spouse, or 
contributing  to the maintenance of the 
spouse;  and 

(b)  the spouse does not 

(i)  have earnings as a worker, or 

(ii) 

receive a social security benefit or 
pension based on the spouse's own 
insurance. 

(2)  a person having  care of a child, provided  that 

(a)  the worker is 
(i) 

living together with  the person as 
though husband and wife, or 

(ii)  contributing  to the maintenance of the 

person;  and 

(b)  the person does not 

(i)  have earnings as a worker or 

(ii) 

receive a social security benefit  or 
pension based on that person's own 
insurance. 

(3)  a child  in respect of whom the worker is, or could be, 

paid  child benefit. 

2.  as regards the  legislation of Gibralter, any person  regarded 
as a dependant  within  the meaning of the 1987  (Medical 
(Group Practice  Scheme) Ordinance,  1987)". 

- 16 -

10. 

Annex  lia shall be amended  as follows: 

(a)  in heading  "B. Denmark", there is a need  to insert  the 

following provision:  "The flat-rate  rehabilitation 
benefit  awarded  under the Law on Social Welfare  for the 
maintenance of persons  receiving  rehabilitation  treatment." 

(b)  in heading  "I. Luxembourg", point  "(a) Compensatory  cost-of-living 

allowance  (Law of 13 June  1975)" shall be deleted.  Points  (b) 
and  (c) then become  respectively points  (a) and (b). 

11. 

In Annex  III, Part B, point  24, the word  "None" shall be  replaced 
by the following  text: 

"Germany-Greece 
Protocol of 7 October  1991  in conjunction with  the Agreement  of 
6  July 1984 between  the Government  of the German  Democratic  Republic 
and the Government  of the Hellenic  Republic  on the settlement  of 
problems  relating  to pensions." 

12.  Annex  VI shall be amended  as follows: 

(a)  in heading  "F. Greece", point 3 shall be deleted.  Point  4 

then becomes point 3.  The following  two points  shall be added: 

"4. 

Where the  rules of the Greek auxiliary  pension  fund make 
provision  for the  recognition of compulsory  insurance 
periods  completed  with the Greek principal  insurance 
institutions  in the pension branch, these.rules shall 
also apply to compulsory  insurance periods  completed 
under the  legislation of any other Member  State which  is 
relevant  to the scope of this  Regulation." 

5. 

(a)  Employed  persons who were compulsorily affiliated 

until 31  December  1992 to a pension  insurance  scheme 
of a Member  State other than Greece and who are 
compulsorily  subject  to Greek  social  insurance  for 
the first  time after  1 January  1993, shall be 
regarded as "old  insured persons" in accordance with 
the provisions of Part  IV of Law N° 2084/92  relating 
to contributions  (Articles  44-46). 

(b)  The provisions of Part IV of Law N* 2084/92  relating 
to the acquisition of the  right  to a pension and to 
the calculation of benefits  (Articles 47-51) shall be 
applicable  to employed  persons who were subject  to 
compulsory  pension  insurance  in a Member  State other 
than Greece until  31  December  1992 and were then 
subject  to Greek  compulsory  social pension  insurance 
for the first  time after  1 January  1993, provided  that 
aggregation of insurance periods  completed  in other 
Member  States  is necessary  for the acquisition  of the 
right  to benefits under  Greek  legislation." 

-  17 -

Article 2 

Regulation  (EEC) N° 574/72 shall be amended as  follows: 

1. 

The second  sentence of paragraph 2 of Article  17 and  the  last sentence 
of paragraph  1 of Article 30 shall be replaced by  the following  text: 

"However, where the said  certified  statement  has been  issued by a 
German or French  institution, it shall be valid only  for a period of 
one year  following the date on which  it was  issued and must be renewed 
every year." 

2. 

After Article 86, an Article 87 shall be  inserted, the text of which 
shall be as follows: 

"Implementation of Article 86(2) of the Regulation 

Where, during a given period, the family benefits  have been awarded 
by one  institution whereas they should have been awarded by another 
institution, the two Member States in question may agree on special 
procedures  for the payment  of these benefits.  The  right to family 
benefits due  in the competent  Member  State under  its  legislation 
and, where appropriate, under Articles 73 or 74 of the Regulation, 
shall be honoured  to the amount  paid by the incompetent  institution 
for the same period and  for the same member  of the  family." 

3. 

Article 95 shall be amended as follows. 

After paragraph  4, the following paragraph  4a shall be added: 

"For the implementation of this Article, the two spouses, each of 
whom  receives an old-age pension under the  legislation of a 
Member State and who  live under  the same  roof on the territory of 
another Merrber State, shall be considered  as one pensioner.  This 
provision shall not apply where, up to the date on which the 
abovementioned pension was awarded, both  spouses had been entitled 
to benefits  in their  capacity as employed  persons." 

4. 

Paragraph  1 of Article  107 shall be replaced by the  following text: 

"1. 

For the implementation  of the following provisions: 

(a)  Regulation:  Article  12(2),  (3) and  (4), Article  14d(1), 

Article  19(1)(b), third  sentence, Article 22(1) point ii, 
last sentence, Article 25(1 K b)  penultimate sentence, 
Article 41(1)(c) and  (d), Article  46(4), Article 46a(3), 
Article 50, Article 52(b) last  sentence, Article  55(1X11), 
last sentence, Article 70(1),  first  subparagraph, 
Article 71(1), points  (a)(ii) and  (b)(ii), penultimate 
sentence; 

-  18 -

(b)  Implementing  Regulation:  Article 34(1),  (4) and (5): 

The rate of conversion  into a national  currency of amounts 
expressed  in another national  currency shall be the rate 
calculated by the Commission of the rates of exchange 
of these currencies which have been notified to the 
Commission  for the implementation of the European 
monetary  system." 

5. 

Annex 2 shall be amended as follows: 

(a)  In heading "B. Denmark!-', 

(i)  in point 2a, "Socialministeriet  (Ministry for Social Affairs), 
Kobenhavn" should be  replaced by "Direktoratet  for Social 
Sikring og Bistand  (National Office for Social Security and 
Welfare), Kobenhavn." 

(ii)  in point 3a, the words "Socialministeriet  (Ministry for 

Social Affairs), Kobenhavn" should be replaced by the words 
"Direktoratet  for Social Sikring og Bistand  (National Office 
for Social Security and Welfare), Kobenhavn." 

(b)  Points 1 and 6 of heading  "L. Luxembourg" should  read as follows: 

"1. 

Sickness and maternity 

(a) 

Benefits  in kind: 

(b) 

Cash benefits: 

6. 

Death grants 

For the purpose of implementing 
Article 66 of the Regulation: 

Caisse de maladie compétente et/ou 
union des caisse de maladie 
competent  sickness fund and/or 
the sickness funds' association) 

Caisse de maladie  compétente 
(the competent  sickness fund) 

Union des caisse de maladie 
(the sickness funds' association), 
Luxembourg." 

(c) 

In point 5 (a) and  (b) of heading "J. the Netherlands.", 
the words "Raad van Arbeid" should be replaced  in each case 
by the words "districtskantoor van de Sociale Verzekeringsbank" 
(the  local office of the Social Insurance  Bank). 

6.  Annex 3 shall be amended as follows: 

(a)  In heading  "B. Denmark", point  "I.  Institutions of the place of  . 

residence", (b) and  (c) (i), the words  "Socialministeriet 
(Ministry of Social Affairs), Kobenhavn" shall be replaced by the 
words "Direktoratet  for Social Sikring og Bistand  (National Office 
for Social Security and Welfare), Kobenhavn.". 

-  19 -

(b)  In heading  "I. Luxembourg", point  "I. Sickness and maternity" 

shall be amended as follows: 

The text appearing  in the column to the right of paragraph  (a) 
shall be replaced by "caisse de maladie des ouvriers et/ou 
union des caisses de maladie" (the sickness  fund fpr manual 
workers and/or  the sickness  fund association)". 

The text appearing  in the column to the right of paragraph  (b) 
shall be replaced by "caisse de maladie  compétente, selon 
la législation  luxembourgeoise, pour  la pension partielle 
luxembourgeoise  et/ou union des caisses de maladie  (the 
sickness fund which, under Luxembourg  legislation, is  . 
competent  for the Luxembourg  partial pension and/or the 
sickness  fund association)". 

(c)  In heading  "J. the Netherlands", point 3(c), the words 

"Bureau voor Duitse Zaken van de Vereniging van Raden 
van Arbeid, Nij»egen" shall  be replaced by "Bureau voor 
Duitse zaken  (Department  of German Affairs) Nijmegen." 

In point  5, the words "Raad van Arbeid" shall be  replaced 
by the words "districtskantoor  van de Sociale  Verzekeringsbank 
(local office of the social  insurance  bank)." 

7. 

Annex 4 shall be amended as follows: 

(a)  In heading  "B. Denmark", in points 1, 2, 3 and 5, the words 

"Socialministeriet  (Ministry  for Social Affairs), Kébenhavn" 
shall be replaced by the following words "Direktoratet  for 
Social Sikring og Bistand  (National Office  for Social 
Security and Welfare), Kdberihavn." 

(b)  In heading  "I. Luxembourg", points 1 and 6 shall be amended 

as follows: 

"1. 

Sickness and maternity: 

6. 

Death grants: 

(a) 

For the purposes of 
applying  Article 66 
of  the Regulation: 

(b) 

In other cases: 

Union des caisses de maladie, 
(sickness  funds' association), 
Luxembourg. 

Union des caisses de maladie 
(sickness  funds' association), 
Luxembourg. 

Institutions  referred  to in 
1 or 3, depending upon which 
branch of  insurance  is  responsible 
for the payment of benefit." 

(c) 

In heading "J. the Netherlands",  in point 2(c), the words 
"Bureau voor Duitse Zaken van de Vereniging van Raden van 
Arbeid, Nijmegen" should be replaced by "Bureau voor Duitse 
zaken  (Department  of German Affairs), Nijmegen." 

- 20 -

8. 

Annex  5 should be amended as follows: 

(a)  In point  "13. Denmark-Spain", the text  should be  replaced by 

the following  text: 

"Agreement  of  1 July  1990 on the partial  reciprocal waiving of 
reimbursement  provided  for in Articles 36(3) and Article 63(3) 
of the Regulation and the reciprocal waiving of  reimbursement 
provided  for in Article  105(2) of the implementing  Regulation. 
(Partial waiving of  reimbursement  in respect  of benefits  in kind 
for sickness, maternity, accidents at work and  occupational 
diseases and waiving of  reimbursement  in respect of 
administrative  checks and medical examinations)." 

(b)  In point  "15. Denmark-Greece  , the text  should be replaced by the 

following  text: 

"Agreement  of 8 May  1986 on the partial  reciprocal waiving of 
reimbursement  provided  for in Article 36(3) and Article 63(3) 
of the Regulation and  the reciprocal waiving of  reimbursement 
provided  for  in Article 105(2) of the implementing  Regulation. 
(Partial waiving-of  reimbursement  in respect  of benefits  in kind 
for sickness, maternity, accidents at work and occupational 
diseases  and  waiving of  reimbursement  in respect of 
administrative  checks and medical examinations)." 

(c)  In point 49, "Greece-the Netherlands", the word "None" shall be 

replaced  by the following  text: 

"The exchange of  letters of 8 September  1992 and 30 June 1993 
concerning  the methods of  reimbursement  between the institutions." 

9. 

Annex 9 shall be amended  as follows: 
In heading  "I. Luxembourg",  the text  shall  read as follows: 

"All sickness  funds and  the sickness funds' association  shall be taken 
into consideration when calculating  the annual average  cost of benefits 
in kind." 

10.  Annex  10 shall be amended  as follows: 

(a)  In heading  "A. Belgium",  the following  point  shall be added: 

"1. 

For the application of Article  10b of the  implementing 
Regulation: 

Employed  persons: 

Self-employed  persons: 

The insurance institution with 
which  the employed  person was 
insured 

Institut  national  d'assurances 
sociales pour travailleurs 
indépendants  (National  Social 
Insurance  Institute  for the 
Self-employed), Brussels" 

- 21 -

The present point  1 becomes point 2, etc. 

(b)  In heading  "B. Denmark", 

(i)  the words "Socialministeriet  (Ministry  for Social  Affairs), 

Kobenhavn" in points  1, 2 and 3 shall be  replaced by the 
words "Direktoratet for Social Sikring og Bistand 
(National Office  for Social Security and Welfare), Kobenhavn." 

(ii)  Subparagraph (b) in point 7 shall be  replaced by the  following 

text: 

"(b)  Cash benefits under Title  III, Chapter  1 of the 

Regulation and benefits under Title III, Chapters 2, 3, 
7 and 8 of the Regulation: 
Direktoratet  for Social Sikring og Bistand 
(National Office for Social Security and Welfare), 
Kobenhavn." 

(c)  In heading " I. Luxembourg", there is a need to replace points 8 
and 9 of the text appearing  in the column to the right of 
subparagraph  (a) sickness, maternity, by the words "Union des 
caisses de maladie  (sickness funds' association),  Luxembourg." 

Article 3 

Article 2 of  Regulation  (EEC) N° 1247/92 shall be deleted.  Article 3 then 
becomes Article 2. 

Article 4 

Article 3 of Regulation  (EEC) N° 1945/93 shall be deleted.  Article 4 then 
becomes Article 3.  It shall be amended as follows: 

Point  10 shall be deleted. 

Article 5 

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

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

Done at Brussels,....  for the Council 

The President 

ISSN 0254-1475 

COM(94) 135 final 

DOCUMENTS 

EN 

05 

Catalogue number : CB-CO-94-142-EN-C 

ISBN 92-77-67576-4 

Office for Official Publications of the European Communities 

L-2985 Luxembourg