Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 - (Text of interest to the EEA)
Date: 1995-07-14
Institutions: European Commission
Subjects: Community migration, EU national, family, self-employment, social security, wage earner

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  14.07.1995 
COM(95)352  final 

95/0196  (CNS) 

Proposal  for a 

COUNCIL REGULATION  (EO 
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 

(Text of interest to the EEA) 

(presented by the Commission) 

i 

*• 

EXPLANATORY  MEMORANDUM 

for the Council Regulation (EC) amending the Proposal  for a COUNCIL  REGULATION 
(EQ  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. 

INTRODUCTION 

Since the entry into force of Regulation (EEC) No 2001/83, updating into a single  official 
text Regulations  (EEC) Nos  1408/71  and  574/72, following  the extension  of their  scope 
to  include  self-employed  persons,  these  Regulations  have  been  amended  by  Council 
Regulations  (EEC)  Nos  1660/85  and  1661/85,  Commission  Regulation  No  513/86, 
Council Regulations Nos 3811/86, 1305/89,2332/89,3427/89,2195/91, 1247/92,1248/92, 
1249/92  and  1945/93,  and  the  Acts  of  Accession  of  the  Kingdom  of  Spain  and  the 
Portuguese Republic in  1985 and the Republics of Austria and Finland  and the Kingdom 
of  Sweden  in  1995. 

The  proposal  is  intended  to  update  the  Community  Regulations  in  the  light  of  certain 
administrative,  procedural  or  substantive  amendments  to  national  legislation,  to  take 
account  of  certain  bilateral  agreements  signed  between  Member  States  and  to  improve 
coordination. 

Article 1 

Amendments to Regulation (EEC)  No 1408/71 

1 Amendment  to  Article  1 u) i) 

The Regulation  points  out that the  "special childbirth allowances" referred  to in 
Article  II are excluded  from  the term  "family benefits" within the meaning  of the 
Regulation.  "Adoption allowances"  which  may  be  treated  in  the  same  way  as 
"childbirth allowances", should, by analogy, also be excluded. This exclusion was 
not explicit  in the regulation,  and the proposed  amendment  is intended  to correct 
this  shortcoming. 

2 

Insertion  of  a new  Article 22 a) 

A  new  Article  22  a)  is  inserted,  permitting  seconded  workers  and  members  of 
their family  accompanying them  access to the necessary health care during a stay 
for  occupational  purposes. 

3 

Deletion  of  Article  32 and  amendment  of the  first  paragraph  of  Article  36 

Given the problems of application  and the absence of any benefit  to those  affected 
by  this  Article,  it  is  deleted  for  the  purposes  of  simplification.  The  reference  to 
Article  32  contained  in  Article  36 must  also, therefore,  be  deleted. 

Amendment  of  Annex  I,  section  II 

Section  II  of  Annex  I  contains,  in  accordance  with  what  is  laid  down  in  the 
second  paragraph  of  Article  1 f)  of  the  Regulation,  the  interpretation  of  the 
concept  of  "members  of  the  family"  for  those  Member  States  whose  legislation 
with  regard  to sickness or maternity  benefits  in kind  does not make it possible to 
identify  these persons. 

The  amendment  to  "B. DENMARK"  is  intended  to  provide  further  clarification 
for  this  concept,  which  is  not  l^id  down  in  Danish  legislation  on  sickness 
insurance as all persons resident in Denmark are entitled to benefits  in kind in that 
State. Under the terms of this legislation,  children under the age of  16 residing in 
the home of their parents are covered by the same sickness insurance as the latter, 
while  persons  over  16  may  freely  choose  their  type  of  insurance.  This  new 
definition  takes  account  of  spouses  and  children  under  18, which  is  the  age  of 
majority. 

Amendment  to  Annex  II,  section  II 

Section  II  of  Annex  II  refers  to the  special  childbirth  allowances  excluded  from 
the  scope  of the Regulation  under  the terms  of  Article  1 u). 

In the  light  of  the  amendment  proposed  for  this item,  adoption  allowances  must 
be  specifically  referred  to in  the title  of this  section. 

Furthermore, the amendment proposed for the heading "A. BELGIUM" introduces 
the adoption  premium, which is granted in the event of the adoption of a newborn 
child. This is a one-off  payment corresponding to the childbirth allowance payable 
for  the first  child,  which  is already  included  under  this  heading. 

The amendment  proposed  for  the heading  "E. FRANCE" introduces the adoption 
allowance, which  is very  similar to the young children's  allowance,  which  is also 
listed  under  this  heading. 

Amendment  to  Annex  II A 

Annex  II  A  refers  to  special  non-contributory  benefits  payable  to  the  parties 
concerned  exclusively  on the territory  of the Member  State in which  they  reside, 
pursuant  to  Article  10 a) of the  Regulation. 

The  amendment  to  the  heading  "B. DENMARK",  which  consists  of  adding  the 
accommodation  allowance for  pensioners,  is due to the fact  that  this is  a special 
non-contributory  benefit  within the meaning of Article 4(2a) of Regulation  (EEC) 
No  1408/71,  which,  in  essence,  is a function  of  living  conditions  in  the  State of 
residence. 

Amendment  to  Annex  III  (A  and B), No  "35. GERMANY-AUSTRIA", e). 

The  existing  text  lays  down  that  certain  more  favourable  regulations  in  the 
bilateral  agreement between  Germany  and Austria remain  applicable to Austrian 
and German citizens during a transition period. 

The  proposed  addition  also guarantees  this  advantage  in  the  event  of  a pension 
being transformed  from  an old age to, for example,  a survivor's pension. 

8 

Amendment to Annex  IV  Section C. 

Section  C of  Annex  IV  sets  out  the  cases  referred  to  in  Article  46  (lb)  of  the 
Regulation  under which  calculation  of the benefit  may be waived  in  accordance 
with Article 46  (2)  of the Regulation. 

The amendment proposed for the heading  "O. UNITED KINGDOM" is intended 
on  the  one  hand  to  include  all  cases  in  which  periods  of  insurance  have  been 
completed  under  United  Kingdom  legislation  after  6  April  1975,  provided that 
sufficient  contributions  have been  paid  in  the  course  of  each  year,  and,  on the 
other, to exclude all cases in which periods of insurance completed under United 
Kingdom  legislation  in force  on 5 July  1948 are taken into account when adding 
periods completed  under the legislation  of another Member State. 

9 

Amendment to Annex VI 

Annex  VI  contains  special  procedures  for  applying  the  legislations  of  certain 
Member States. 

a) 

Amendment to the heading  "C. GERMANY". 

The  proposed  amendments  are  intended  to  take  account  of  the  new 
terminology  introduced  in  German  legislation  and  to  delete  certain 
references which have become superfluous. Other amendments relate to the 
conditions 
for  reimbursing 
for  awarding  widow's  pensions  and 
contributions,  as well  as certain transitional  provisions. 

b) 

Amendment to the heading  "L. PORTUGAL". 

It  is  proposed  that  an  item  be  inserted  to  provide  for  the  possibility  of 
retired civil  servants and members of their family  receiving the benefits in 
kind referred to in  Articles  31a)  and 22 (lc  and 3)  of  Regulation  (EEC) 
No  1408/71. 

Article 2 

Amendments to Regulation  (EEC) No 574/72 

1 

Insertion  of  an Article  19a) 

The  aim  of  inserting  the  new  Article  19a)  is  to  facilitate  the  application  of 
Article 21(2)  of Regulation  (EEC) No  1408/71, relating to benefits  in kind when 

members  of  the  family  are  residing  in  a Member  State  other  than  that  in  which 
the employed  or  self-employed  person  is residing. 

Amendment  to  Annex  2 

Annex  2 refers  to the  competent  institutions  of  each  Member  State. 

Amendment  to the heading  "K.  AUSTRIA": 

The  amendment  proposed  to  items  3a)  and  4b)  take  account  of 
administrative  changes  in  Austria.  Thus, the  "Régionale  Geschâftsstellen 
des  Arbeitsmarktservice  (Local  Office  of  the  Labour  Market  Service)" 
becomes the competent institution in place of the "Arbeitsamt (Employment 
Office)". 

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

Annex  3  refers  to  the  institutions  of  the  place  of  residence  and  the 
institutions  of the place  of  stay. 

Amendment  to the  section  "K.  AUSTRIA": 

The  amendment  proposed  for  items  4  and  5b)  is  similar  to  that  above 
relating to  Annex 2. 

Amendment  to  Annex  4 of Regulation  (EEC) No 574/72. 

Annex  4 refers  to liaison  bodies. 

Amendment  to the  heading  "K.  AUSTRIA": 

The proposed  amendment  to items 2a) and b) and 3b) is similar to that set 
out  above  in  relation  to  Annex  2.  In  item  2a), the  "Landesgeschàftsstelle 
Salzburg des Arbeitsmarktservice (Regional Office of  the Labour Market 
Service  Salzburg),  Salzburg"  becomes  the  liaison  body  in  place  of  the 
"Landesarbeitsamt Salzburg  (Provincial  Employment  Office  Salzburg), 
Salzburg".  In  items  2b)  and  3b),  the  "Landesgeschàftsstelle Wien  des 
Arbeitsmarktservice  (Regional  Office  of  the  Labour  Market  Service 
Vienna),  Wien"  replaces 
the  "Landesarbeitsamt  Wien  (Provincial 
Employment Office  Vienna), Wien". 

Amendment  to  Annex  5. 

Annex  5  refers  to  the  implementing  provisions  of  bilateral  conventions 
which  remain  in  force.  There are two  amendments  to be  included  in  this 
Annex. 

An  agreement  concerning  the  partial  waiving  of  the  reimbursement 
provided  for  in  Articles  36  (3)  and  63  (3)  of  the  Regulation,  and  the 

reciprocal  waiving  of  the  reimbursement  provided  for  in  Article  105  (2) 
of  the  implementing  Regulation  (partial  waiving  of  reimbursement  of 
expenditure  for  benefits  in  kind  provided  in  the  event  of  sickness, 
maternity,  industrial  accident  or  occupational  disease  and  waiving  of 
reimbursement  of  the  costs  of  administrative  checks  and  medical 
examinations) was concluded between Belgium and France by an exchange 
of  letters  on  21 November  1994 and  8 February  1995. 

A  supplementary  exchange  of  letters  on  22  March  and  15  April  1994, 
supplementing the previous agreement  set down  in item  b) of the heading 
"41.  FRANCE-ITALY"  by means of Regulation  (EEC) No  1945/93, took 
place  between  these  two  Member  States  within  the  context  of  the 
provisions  quoted  in  the  preceding  paragraph. 

Two  agreements  have  been  concluded,  the  first  between  Austria  and  the 
United  Kingdom  on  30  November  1994  and  the  second  on  13  February 
1995  between  Denmark  and  Austria,  concerning  the  procedures  for 
reimbursement  of medical  expenses between  the competent  institutions of 
these Member  States. 

Finally, an agreement concerning the partial waiving of the reimbursement 
provided  for  in  Articles  36  (3)  and  63  (3)  of  the  Regulation,  and  the 
reciprocal  waiving  of  the  reimbursement  provided  for  in  Article  105  (2) 
of  the  implementing  Regulation  (partial  waiving  of  reimbursement  of 
expenditure  for  benefits  in  kind  provided  in  the  event  of  sickness, 
maternity,  industrial  accident  or  occupational  disease  and  waiving  of 
reimbursement  of  administrative  and  medical  examination  costs)  was 
concluded  between  Italy  and  the  United  Kingdom  by  an  exchange  of 
letters  on  1 and  16 February  1995. 

JUSTIFICATION IN RELATION TO SUBSIDIARITY OF THE PROPOSAL TO 
AMEND  REGULATIONS  1408/71  AND  574/72 . 

The proposed  amendments are in accordance with the two criteria of the principle 
of subsidiarity,  namely necessity  and proportionality  as inscribed in Article 3b of 
the Treaty  of the European  Community. 

Indeed,  on the  one hand,  Article  51 obliges the  Council  to  adopt  such  measures 
in the  field  of  social  security  as are  necessary  to  provide  freedom  of  movement 
for  workers.  The  coordination  of  national  social  security  schemes  is  within  the 
exclusive competence of the Community.  On the other hand, a binding legislative 
free 
intervention  is  obviously  proportionate  to  the  objective  of  effective 
movement.  This is the reason  why  the Council  chose the Regulation  as the most 
appropriate  legal  instrument  to  attain  this  objective. 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 
amending  Regulation  (EEC)  No  1408/71 
on the  application  of  social  security  schemes 
to  employed  persons,  to  self-employed  persons  and 
to  members  of their  families  moving 
within  the  Community 
and  Regulation  (EEC)  No  574/72  laying  down 
the procedure  for  implementing 
Regulation  (EEC)  No  1408/71 

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  Commission1,  presented  following 
consultation  of  the  Administrative  Commission  on  Social  Security  for  Migrant 
Workers, 

Having  regard  to the  opinion  of the European  Parliament2, 

Having  regard  to the  opinion  of the  Economic  and  Social  Committee3, 

Whereas  it  is  necessary  to  introduce  certain  amendments  to  Regulations  (EEC) 
Nos  1408/714 and 574/725, as last amended by Regulation (EEC) No  Î945/936 and 
the Act of Accession  of the Republic  of Austria,  the Republic  of Finland  and  the 
Kingdom  of  Sweden  in  19957; whereas  some of these  amendments  are linked  to 
changes  introduced  by  Member  States  to  their  social  security  legislation,  with 
others being  technical  in  nature  and  intended  to  complete  the  said  Regulations; 

Whereas  it  is  necessary,  given  the  fact  that  the  nature  of  and  the  conditions  for 
granting special adoption allowances are similar to those for childbirth allowances, 
to supplement  Article  1 u) i) of Regulation  (EEC) No  1408/71 in order to  enable 
reference  to be  made to these  in  Section  II  of Annex  II: 

OJL  149, 5.7.1971, p. 2 
OJL  74, 27.03.1972, p. 1 
OJL  181, 23.07.1993, p. 1 
OJL  1,  1.1.1995,  p.l 

Whereas it appears necessary to enable seconded  employed  persons employed  on 
the territory  of  several  Member  States or employed  on the territory  of  a Member 
State in an undertaking  having its registered  place of business in another  Member 
State and  operating  across their  shared  frontier;  self-employed  workers in  similar 
situations;  seamen  in  comparable  situations  and  persons  benefitting  from  a 
derogation to the provisions of Articles  13 to  16 of Regulation  (EEC) No  1408/71 
by agreement between  competent authorities, including civil  servants and persons 
treated  as  such;  and to members  of their families  accompanying  them,  to  benefit 
from  the  provisions  of  Article  22  (la)  of Regulation  (EEC) No  1408/71  for  any 
situation  in which benefits  are required,  provided that the stay is for  occupational 
purposes; 

Whereas  it  is  necessary,  for  reasons  of  simplification  and  unification  of  the 
administrative  regulations, to delete Article  32 of Regulation  (EEC) No  1408/71; 

Whereas it is necessary  to amend  the heading  "B. DENMARK"  of  Annex  I B to 
Regulation  (EEC)  No  1408/71  in  order  to  specify  the  current  definition  of  the 
expression  "members  of the  family"; 

Whereas,  in  the  light  of  the  amendment  to  be  introduced  to  Article  1 u)  i)  of 
Regulation  (EEC)  No  1408/71,  the  title  of  Section  II  of  Annex  II  must  be 
amended  accordingly;  whereas the headings  "A. BELGIUM"  and  "E. FRANCE" 
of this Annex should be supplemented to take account respectively of the adoption 
premium  and  adoption  allowance  which  have  been  introduced  in  the  legislation 
of these Member  States in  relation  to family  benefits; 

Whereas it is necessary  to add to Annex  II (a) to Regulation  (EEC) No  1408/71, 
under  the  heading  "B.  DENMARK",  the  accommodation  allowance  for  retired 
persons, which  constitutes  a special  non-contributory  benefit  within  the meaning 
of  paragraph  2 a)  of  Article  4 of  Regulation  (EEC)  No  1408/71; 

Whereas it would appear advantageous to specify  in Annex  III  A and B, No "35. 
GERMANY-AUSTRIA",  e) to Regulation  (EEC) No  1408/71, that the temporary 
application  of  the  provisions  of  the  bilateral  agreement  between  Germany  and 
Austria  also remain  valid  in the  event  of  a transformation  of  a pension; 

Whereas  the  heading  "O.  UNITED  KINGDOM"  of  Annex  IV  C  to  Regulation 
(EEC) No  1408/71 should be amended to enable the competent United  Kingdom 
authorities  to  renounce  the  pro  rata  calculation  of  the  pension  when  this 
calculation  does not  give  a result  financially  more favourable  to the  beneficiary; 

Whereas, following  changes in German  legislation  on this  subject,  it is necessary 
to  adapt  accordingly  the  heading  "C.  GERMANY"  of  Annex  VI  to  Regulation 
(EEC) No  1408/71; 

Whereas  it  is  also  necessary  to add  an  item  to the  heading  "L.  PORTUGAL"  of 
Annex VI to Regulation  (EEC) No  1408/71 in order that retired civil  servants and 
members  of  their  family  may  receive  sickness  and/or  maternity  benefits  in  kind 
in  the  event  of  immediate  need  during  the  course  of  a  stay  in  the  territory  of 

8 

another Member  State or when travelling there to receive care appropriate to their 
state  of  health  with  the  prior  authorisation  of  the  competent  Portuguese 
institutions; 

Whereas  it  is  necessary  to  insert  a  new  Article  19  a)  in  Regulation  (EEC)  No 
574/72  in  order to permit  the administrative  and  financial  implementation  of the 
provision  of  benefits  in  kind  in  the  event  of  a  stay  in  the  competent  State  of 
members  of  the  family  residing  in  a Member  State  other  than  that  in  which  the 
employed  or  self-employed  person  resides; 

Whereas, following  an administrative reorganisation  in Austria,  it is necessary  to 
adapt  accordingly  the  heading  "K.  AUSTRIA"  in  Annexes  2,  3  and  4  to 
Regulation  (EEC)  574/72; 

Whereas  the  items  "4.  BELGIUM-FRANCE",  "23.  DENMARK-AUSTRIA", 
"41.  FRANCE-ITALY",  "82. ITALY-UNITED KINGDOM" and "97  AUSTRIA-
UNITED KINGDOM" of Annex  V to Regulation  (EEC) 574/72 must be adapted 
to take account  of  agreements  concluded  by  these Member  States; 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

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

1 

Article  1 u) i) is amended  as  follows: 

"the terms "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  or  adoption  allowances  referred  to  in 
Annex  II". 

2 

The following  Article 22 a)  is inserted  after  Article 22: 

"Article 22 a) 

Employment in a Member State other than the competent State - Stay in 
the State  of employment 

The  employed  or  self-employed person  referred  to  in  Article  13  (2d), 
Article  14, Article  14 a), Article  14 b) or Article  17,  and members of the 
family  accompanying him, shall benefit from  the provisions  of Article 22 
(la) for  any condition requiring treatment during a stay  on  the territory 
of  the Member  State  in which  the worker is employed or whose flag  the 
vessel aboard which  the worker is employed is flying". 

3 

Article 32 is deleted. 

At the end of the first  paragraph  of Article  36, the words  "without prejudice to the 
provisions  of Article  32" are  deleted. 

In  Annex  I  section  B,  item  "B.  DENMARK",  the  current  text  is  replaced  as 
follows: 

"where it is decided whether, under the terms of the Regulation, a right to 
sickness or maternity  benefits in kind  exists pursuant  to Articles  22  (la) 
and  31  of  the  Regulation,  the  expression  "member of  the family"  shall 
mean: 

1) 

the spouse of an employed person, a self-employed person  or other 
entitled person  under the terms of the Regulation, in so far  as they 
are  not  themselves  entitled  persons  under  the  terms  of  the 
Regulation; 

2) 

or a child under 18 years  of age in the care of someone who is an 
entitled person  under the terms of the Regulation". 

Section  II  of  Annex  II is amended  as  follows: 

a) 

A new title  is inserted,  replacing  the  previous title: 

"Special  childbirth  or  adoption  allowances  under  the  terms  of 
Article  1 u) i) " 

The  heading  "A.  BELGIUM"  is  supplemented  as  follows:  an  item  b)  is 
added  after  the  current  item,  which  becomes a): 

"b) 

Adoption premium ". 

The  heading  "E.  FRANCE"  is  supplemented  as  follows,  an  item  b)  is 
added  after  the  current  item,  which  becomes a): 

b) 

c) 

"b) 

Adoption allowance" 

In Annex  II a), section  B, heading  "B. DENMARK",  the word  "none" should  be 
replaced  as  follows: 

"accommodation  expenses 
individual 
accommodation assistance,  consolidated by Law No 704 of 22 July 1994)". 

for  pensioners 

(Law  on 

In  Annex  III  A  and  B,  heading  "35.  GERMANY-AUSTRIA",  e),  the  full  stop 
after  the words  "begun prior  to 31 December 1994" is replaced  by  a  semi-colon, 
followed  by  a new line  and  the addition  in  question,  which  relates to both  items 
i) and ii); 

10 

"this shaft also apply to per tods-during which another pension,  including 
a  survivor's pension,  was collected, reptacing the initial one,  where the 
periods  of collection follow  each other without interruption". 

9 

In Annex IV Cx the text of the heading  "O  UNITED KINGDOM" is replaced by 
the following  text: 

"all applications for  retirement and widow's pension determined pursuant 
to  the provisions  of  Title III,  Chapter III of  the  Regulation,  with the 
exception of those for which: 

a) 

during a  tax year  beginning on or after 6 April 1975 

i) 

ii) 

the party  concerned had  completed periods  of insurance, 
employment or residence under the legislation of the  United 
Kingdom and of another Member State; and 

one  (or  more)  of  the tax years  referred to  in  i)  was not 
considered  a  qualifying year  within  the  meaning of  the 
legislation of the United Kingdom. 

b) 

the periods  of insurance  completed under the legislation in force 
in the United Kingdom for the periods prior  to 5 July 1948 would 
be  taken  into  account  for  the  purposes  of  Article 46  (2)  of  the 
Regulation  by application  of the periods of insurance,  employment 
or  residence under  the  legislation  of  another  Member  State". 

10 

Annex  VI  is amended  as  follows: 

a) 

Item  2  a)  of  the  heading  "C.  GERMANY"  is  deleted.  Item  2 b), 
which  becomes  item  2 a), is replaced  by the following  text: 

"2 a)  The standard period  for  allocation  shall  be  determined 
exclusively with reference  to German periods". 

Item  2 c), which  becomes  item  2 b),  is replaced  by  the  following: 

"2  b)  For the allocation of periods governed by German pension 
law to German insurance classes, only German legislation 
shall apply". 

Item  2 d) becomes  item  2 c) and  item  2 e) is  deleted. 

Items  3  and  4  are  deleted.  In  item  5,  which  becomes  item  3, the  words 
"National Federation of Local Sickness Funds"  shall  be  replaced  by  the 
words  "National Federation of Local  General Funds". 

The  first  paragraph  of  item  7,  which  becomes  item  4,  is  replaced  by  the 
following  text: 

11 

"4. 

Article  7 of Book  VI of  the  Social  ('ode  shall  apply  to nationals  of 
the  other  Member  Stales  and  to  stateless  persons  and  refugees 
residing  m  the  territory  of  other  Member  States,  according  to  the 
following  rules: ". 

Indent  c)  of  this  item  is  replaced  by  the  following  text: 

"If  the  party  concerned  is  a  national  of  another  Member  State,  has  his 
in  the  territory  of  a  third  Member  State,  has 
domicile  or  residence 
contributed  for  at  least  60  months 
insurance 
to  the  German  pension 
scheme  or  was  eligible  for  voluntary  insurance  under  the  provisions  of 
Article  232  of  Book  VI  of  the  Social  Code,  and  is  not  compulsorily  or 
voluntarily  insured  under  the  legislation  of  another  Member  State". 

Items  9,  10 and  11 become  items  5,  6  and  7  respectively.  Item  12,  which 
becomes  item  8,  is  replaced  by  the  following  text: 

"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 
the 
or  under  the  general  scheme,  shall  be  taken  into  account  to justify 
existence  of  the  18  years  of  compulsory  contributions 
for 
required 
insurance  for  self-
exemption 
employed  craftsmen" 

from  compulsory  affiliation 

to  pension 

Items  13 and  14 become  items  9 and  10. Item  16, which  becomes  item  11, 
is  replaced  by  the  following  text: 

"//.  Greek  teachers  who  have  civil  servant  status  and  who,  by  the  fact 
that  they  have  taught  in  German  schools,  have  contributed  to  the 
insurance  scheme  as  well  as  to  the 
compulsory  German  pension 
special  Greek  civil  servant  scheme  and  who  ceased  to  be  covered 
by compulsory  German  insurance  after  31 December  1978 may,  on 
in 
request,  have 
accordance  with  Article  210  of  Book  VI  of  the  Social  Code. 
Applications 
to  be 
introduced  during  the  course  of the year  following  the date  of  entry 
into force  of  this provision.  The party  concerned  may  also  pursue 
his  claim  within  the  six  calendar  months  following 
the  date  on 
which  he  ceased  to  be  subject  to  compulsory 

of  contributions 

the  compulsory 

reimbursement 

contributions 

reimbursed 

insurance. 

are 

for 

Article  210  of  Book  VI  of  the  Social  Code  shall  only  apply  with 
regard  to the periods  during  which  compulsory  contributions  to the 
pension  insurance  scheme  were  paid  in  addition  to  contributions 
to  the  special  (Week  civil  servant  scheme  and  with  regard  to  the 
allocation  periods  immediately  following  the periods  during  which 
these  compulsory  contributions  were  paid". 

12 

Items  17,  18 and  19 become  items  12,  13 and  14 respectively  Following 
the  latter,  a  new  item  15  is  inserted,  with  the  following  text: 

"15.  Where 

the  provisions  of  German  pension 

in  force  on 
31  December  1991  apply,  the  provisions  of  Annex  VI  shall  also 
apply  in  the  version  thereof  in force  on  31  December  1991". 

law 

b) 

In  the  heading  "L.  PORTUGAL",  the  following  item  is  added: 

"3. 

Serving  or  retired  civil  servants,  and  members  of  their 
families, 
covered  by a  special  health  care  scheme,  may  receive  sickness  and 
maternity  benefits  in  kind  in  the  event  of  immediate  need  during  a 
stay  in  the  territory  of  another  Member  Slate  or  when 
travelling 
there  to  receive  care  appropriate  to  their  state  of  health  with  the 
prior  authorisation  of  the  competent  Portuguese 
in 
laid  down  in  Articles  31  a)  and 
accordance  with  the  procedures 
22  (la)  andc))  and  (3) of Regulation  (EEC)  No  1408/71,  under  the 
same  conditions  as  employed  and  self-employed  persons  covered 
by  the  general  social  security  scheme". 

institution, 

Article  2 

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

1 

The  following  Article  19 a)  is  inserted  after  Article  19: 

"Application  of  the  second  indent  of  Article  21  (2)  of  the  Regulation 

Article  19  a) 

Benefits  in  kind  in  the  event  of  a stay  in  the  competent  State  -  Members 
of  the family  resident  in  the  Member  State  other  than  that  in  which 
the 
employed  or  self-employed  person  resides 

1. 

In  order  to  receive  benefits  in  kind  under  the  terms  of  Article  21 
of  the  Regulation,  members  of  the  family  shall  present 
to  the 
institution  at  the  place  of  stay  a  certificate  stating  that  they  are 
to  the  said  benefits.  This  certificate,  which  shall  be 
entitled 
provided  by  the  institution  of  the place  of residence  of  the  members 
if possible  prior  to  their  leaving  the  territory  of  the 
of  the family, 
Member  State  on  which  they  reside,  shall,  in particular, 
indicate 
the  maximum  period  for  granting  benefits  in 
where  appropriate 
kind,  as  laid  down  by  the  legislation  of  that  Member  State.  If  the 
members  of  the  family  do  not  present 
the 
institution  at  the  place  of  stay  shall  contact  the  institution  of  the 
place  of  residence  in  order  to  obtain  it. 

the  said  certificate, 

2. 

The  provisions  of  Article  17  (6,  7  and  9)  of  the 
implementing 
Regulation  shall  apply  by  analogy.  In  this  case,  the  institution  of 

13 

the  place  of  residence  of  the  members  of  the  family  shall  be 
institution". 
considered  the  competent 

Annex  2  is  amended  as  follows: 

a) 

In  items  3  a)  and  4  b)  of  the  heading  "K.  AUSTRIA",  the  words 
"Arbeitsamt"  (Employment  Office)"  are  replaced  by  the  words  "Régionale 
labour 
Geschàfisstellen  des  Arbeitsmarktservice 
Market  Service)". 

(Local  Office  of  the 

Annex  3  is  amended  as  follows: 

items  4  and  5  b)  of  the  heading  "K.  AUSTRIA", 

In 
the  words 
"Arbeitsamt"  (Employment  Office)"  are  replaced  by  the  words  "Régionale 
Geschàfisstellen  des  Arbeitsmarktservice 
(Local  Office  of  the  Labour 
Market  Service) ". 

Annex  4  is  amended  as  follows: 

In  the  heading  "K.  AUSTRIA": 

i) 

ii) 

in  item  2  a),  the  words  "Landesarbeitsamt  Salzburg 
(Provincial 
Employment  Office  Salzburg),  Salzburg"  are  replaced  by  the  words 
"Ixmdessgeschàfisslelle  Salzburg  des Arbeitsmarktservice 
(Regional 
Office  of  the  Labour  Market  Service  Salzburg),  Salzburg". 

item  2  b)  and  3  b),  the  words  "Landesarbeitsamt  Wien 
in 
(Provincial  Employment  Office  Vienna),  Wien"  are replaced  by  the 
words 
Arbeitsmarktservice 
(Regional  Office  of  the  Labour  Market  Service  Vienna),  Wien". 

"Landessgeschàfisstelle  Wien  des 

Annex  5  is  amended  as  follows: 

a) 

In  item  "4.  BELGIUM-FRANCE",  the  following  item  i)  is  added: 

i) 

The exchange  of letters  of  21 November  1994 and  8 February  1995 
concerning  the procedures  for  the  settlement  of  reciprocal  claims 
implementing 
pursuant 
Regulation". 

to  Articles  93,  94,  95  and  96  of  the 

b) 

In  item  "23. DENMARK-AUSTRIA",  the  word  "none"  is replaced  by  the 
following  text: 

"Agreement  of  13  February  1995  concerning 
expenditure  in  the  field  of  social  security". 

the  reimbursement  of 

c) 

In  item  "41. FRANCE-ITALY",  the  following  item  c)  is  added: 

14 

"c) 

The supplementary exchange of  letters of  22 March  and  15 April 
1994 concerning  the procedures for  the  settlement  of reciprocal 
debts  under  the  terms  of  Articles  93,  94,  95  and  96  of  the 
implementing Regulation". 

d) 

In item  "82. ITALY-UNITED  KINGDOM",  the word  "none" is  replaced 
by  the  following  text: 

"The exchange of  letters of  1 and  16 February  1995 concerning Articles 
36  (3)  and  63  (3)  of  the  Regulation  (reimbursement  or  waiving  of 
reimbursement of expenditure for  benefits in kind) and Article  105 (2) of 
the  implementing Regulation  (waiving of  reimbursement of  the  costs of 
administrative checks and medical examinations) ". 

e) 

In item  "97. AUSTRIA-UNITED  KINGDOM", the following  item  should 
be  added: 

"c) 

Agreement of 30 November 1994 concerning the reimbursement of 
expenditure for  social security benefits". 

Article  3 

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

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

Done at Brussels 

For the Council 

The  President 

15 

ISSN 0254-1475 

COM(95) 352  final 

DOCUMENTS 

EN 

04  05  06 

Catalogue number  :  CB-CO-95-379-ENTC 

ISBN 92-77-91812-8 

Office for Official Publications of the European Oxnmunities 

L-2985 Luxembourg 

yié