Proposal for a COUNCIL REGULATION (EC) amending and updating 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 (EC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71
Date: 1996-07-10
Institutions: European Commission
Subjects: Community migration, family migration, free movement of workers, migrant worker, social security

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  10.07.1996 
C()M(96)  318  final 

96/0170  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending  and  updating  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  (EC)  No  574/72  laying  down  the  procedure  for  implementing 
Regulation  (EEC)  No  1408/71 

(presented  by  the  Commission) 

-1  " 
EXPLANATORY  MEMORANDUM 

on the  proposal  for  a  Council  Regulation  amending  and  updating  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  (EC)  No  574/72 
laying  down  the  procedure  for  implementing  Regulation  (EEC)  No  1408/71 

I.  INTRODUCTION 

Since the entry  into  force  of  Regulation  (EEC)  No  2001/83, which  amended  and  updated  in a 
single and  official  text  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) 
1660/85  and  1661/85,  Commission  Regulation  513/86  and  Council  Regulations  3811/86.1305/89, 
2332/89,  3427/89,  2195/91,  1247/92,  1248/92.  1249/92,  1945/93,  3095/95  and  3096/95  and  by  the 
Acts  of  Accession  of  Spain  and  Portugal  of  1985  and  of  Austria,  Finland  and  Sweden  of  1995 

In  these  amendments  account  could  be  taken  of  the  practical  experience  gained  in  then 
implementation  in  order  to  improve  the  workings  of coordination  and  of  certain  formal,  substantive 
and  administrative  amendments  that  had  been  made  to  national  legislation,  and  of  the  successive 
enlargements  of  the  Community. 

This proposal  is intended  to  amend  and  update  the Community  Regulations  on social  security  foi 

migrant  workers,  bringing  them  together  in  a  single  official  version. 

II.  COMMENTS  ON  THE  ARTICLES 

Article  I 
Amendments  to Regulation  (EEC)  No  NOS 71 

1.  Amendment  of  Article  82 

Article  82  concerns  the  establishment,  composition  and  working  methods  of  the  Advisory 
Committee  on  Social  Security  for  Migrant  Workers.  The two  preceding  Articles  are  devoted  to  the 
Administrative Commission  on  Social  Security  for  Migrant Workers.  In order to prevent all  possible 
ambiguity  and  also  to  ensure  consistency  with  paragraph  8,  it  is  proposed  that  paragraphs  4  and  7 
be  amended  to  record  the  official  name  of  the  Commission  of  the  European  Communities,  thus 
making  possible  confusion  with  the  Administrative  Commission  less  likely. 

2.  Amendment  of  the  first  sentence  of  Article  88 

Following  the  adoption  of  the  Treaty  on  European  Union,  Article  106 of  the  EC  Treaty  has 

been  deleted;  the  existing  reference  to  Article  88  should  likewise  be  deleted. 

3.  Deletion  of  Article  100 

The  deletion  of  this  Article,  concerning  the  repeal  of  previous  Regulations  forms  part  of  the 

simplification  aimed  at. 

Article  2 

Amendments  to  Regulation  (EEC)  No  574 72 

The  reason  for  the  proposed  amendments  to  Articles  107  and  122,  with  the  insertion  of  the 
official  name of the Commission  of the European  Communities, is to ensure clarity  and  homogeneity, 
as is  also  the  case  for  the  first  point  of  the  preceding  Article. 

Article  3 
Updating  of Regulations  (EEC)  Nos  NOS  71 and  574,72 

This proposal  forms  part  of the  Commission's  strategy  regarding the reorganisation,  updating 
and  consolidation  of  the  legislation  in  force.  This  approach  was  encouraged  in  the  conclusions  of 
the meetings of the European  Council  in Birmingham  and Edinburgh  in  1992 and  in Brussels  on  10-
11 December  1993. 

By  bringing  Regulations  (EEC)  Nos  1408/71  and  574/72  up  to  date  they  "become  more 
accessible  to  the  citizens  of  the  Community,  with  current  law  applicable  to  persons  moving  within 
the Community  combined  in one single text.  In this exercise, the numbers, form  and numbering used 
must  still  correspond  to  the  original  Regulations.  Tying  errors  have  been  corrected  and  no 
substantive  amendments  have  been  made. 

Although  the  new  version  of  Article  95  of  Regulation  (EEC)  No  574/72  pursuant  to  Article 

2 (2) of Regulation  (EC) No  3095/95  will  not  apply  until  1  January  1998, and  1  January  2002  in the 
case  of  relations  with  the  French  Republic,  it  would  seem  opportune  already  to  incorporate  an 
appendix  containing  the  updated  text  of  the  aforementioned  Regulation  (EEC)  No  574/72  into  Part 
II  of  Annex  A to  this  amending  regulation. 

III.  JUSTIFICATION  OF THE PROPOSAL  FOR A REGULATION  IN THE LIGHT OF 

SUBSIDIARITY 

This  proposal  for  a Council  Regulation  is  consistent  with  the  two  criteria  of  the  principle 
of subsidiarity,  viz necessity  and proportionality,  as laid  down  in Article  3b of the Treaty  establishing 
the  European  Community. 

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  within  the  Community. 
The  coordination  of  national  social  security  schemes  thus  comes  under  the  exclusive  competence  of 
the  Community.  On  the  other  hand,  binding  legislative  intervention,  in  the  form  of  a  Regulation, 
is evidently  commensurate with  the objective  pursued,  i.e. to ensure  effective  freedom  of  movement. 
For this reason  the  Council  has  chosen  this  instrument  as being  the  most  appropriate  to  achieve  this 
objective. 

-  4 -

IV.  APPLICATION  IN  THE  COUNTRIES  OF THE  EUROPEAN  ECONOMIC  AREA 

The  freedom  of  movement  for  persons  is  one  of  the  objectives  and  principles  of  the 
Agreement  on  the  European  Economic  Area  (EEA)  which  entered  into  force  on  1 January  1994.1 
In  Chapter  1 of Part  III  on  the  free  movement  of  persons,  services  and  capital,  Articles  28,  29  and 
30  deal  with  the  freedom  of  movement  for  employed  and  self-employed  persons.  Specifically, 
Article  29  takes  over  the  principles  enshrined  in  Article  51  of  the  EC  Treaty  relating  to  social 
security  for  persons  moving  within  the  Community.  Consequently,  this  proposal  for  a  Regulation, 
if  adopted,  must  be  applied  to  the  member  countries  of  the  EEA. 

OJ L  1 of  3.1.1994  as amended  by  Decision  7/94  of  the  EEA  Joint  Committee  of  21.3.1994  (OJ L  160 
of  28.6.1994). 

Proposai  for  a 
COUNCIL  REGULATION  (EC) 
amending  and  updating  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  (EC)  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  Commission  of  the  European  Communities.1 

Having  regard  to  the  opinion  of  the  European  Parliament,2 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee3 

Whereas,  for  the  sake  of  coherence  and  clarity,  it  is  appropriate  to  adapt  the  wording  of  certain 
provisions  of  Council  Regulation  (EC)  No  1408/71  of  14 June  1971  on  the  application  of  social 
security  schemes  to  employed  persons,  to  self-employed  persons  and  to  members  of  their  families 
moving  within  the  Community4  and  of  Council  Regulation  (EEC)  No  574/72  of  21  March  1972 
laying  down  the  procedure  for  implementing  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 to delete other  provisions that have become  invalid  and 
superfluous;  whereas  these  amendments  are  of  an  exclusively  technical  nature,  intended  to  improve 
the  said  Regulations; 

Whereas  since  the  latest  updating  of  Regulations  (EEC)  Nos  1408/71  and  574/72  through  Council 
Regulation  (EEC)  No  2001/83  of  2 June  19836  several  amendments  have been  made  and  whereas it 
is  therefore  appropriate,  in  order  to  render  the  relevant  Community  rules  more  transparent  and 
accessible,  to  adopt  a  new  updated  version  of  the  abovementioned  Regulations,  in  the  form  of  a 
single  text  for  each  of the  Regulations  (EEC)  Nos  1408/71  and  574/72,  which  appear  in  Parts  I and 
II  respectively  of  Annex  A;  whereas  it  is  also  opportune  already  to  present,  in  an  appendix  to  Part 

4  OJ  No  L  149. 5.7.19/1. p.2.  Regulation  most  recently  amended  by  Regulation  (EC)  No  3096/95  (OJN 
L  335. 30.12.1995.  p. 10. 
5  OJ  No  L  74. 27.03.1972,  p. 1. Regulation  most  recently  amended  by  Regulation  (EC)  No  3096/95  (OJ 

No  L  335.  30.12.1995.  p. 10. 
b  OJ  No  L 230.  22.8.1983.  p.! 

-  6 -

II  of  this  Annex,  the  text  of  Article  95  of  Regulation  (EEC)  No  574/72  as  amended  by  Regulation 
(EC)  No  3095/957,  which  will  apply  as  from  1  January  1998  or,  in  relations  with  the  French 
Republic,  from  1 January  2002; 

Whereas the former  Article  106 of the EC Treaty,  concerning the balance  of payments,  was repealed 
by the Treaty  on European  Union  and the new Article  73b(2) of the Treaty  mentioned  first  prohibits 
any  restrictions  of  payments  among  the  Member  States; 

Whereas, in order to attain  the objective  of free  movement for  workers  in the field  of social  security, 
it  is  necessary  arid  appropriate  that  the  rules  relating  to  the  coordination  of  national  social  security 
schemes  should  be  amended  through  a  Community  legal  instrument  that  is  binding  and  directly 
applicable  in  each  Member  State; 

Whereas  this  is  in  conformity  with  Article  3b  of  the  Treaty; 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

Regulation  (EEC)  No  1408/71  shall  be  amended  as  follows: 

1.  Article  82  shall  be  amended  as  follows: 

-  the  present  text  of  paragraph  4  shall  be  replaced  by  the  following. 

"4. 

The Advisoiy  Committee  shall  be  chaired  by  a  representative  of  the  Commission  of  the 
European  Communities.  The chairman shall  not  vote. " 

-  the  second  subparagraph  of  paragraph  7 shall  be  replaced  by  the  following: 

"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  of  the 
European  Communities". 

2.  The  first  sentence  of  Article  88  shall  be  amended  as  follows: 

"Where appropriate,  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  (...)". 

7  OJ  No  L  335.  30.12.1995,  p.l. 

3.  Article  100  shall  be  deleted. 

Article  2 

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

1  The  second  subparagraph  of  Article  107(1 )(b)  shall  be  replaced  by  the  following: 

"The  rate  for  the  conversion 
national  currency 
shall  be 
Communities  and  based  on  the  monthly  average,  during  the  reference  period  specified 
paragraph  2,  of  rates  of  exchange  of  such  currencies  which  are  communicated 
to  it for 
application  of  the  European  Monetary  System". 

into  a  national  currency  of  amounts  denominated 
the  rate  calculated  by  the  Commission 

in  another 
the  European 
in 
the 

of 

2.  Article  122  shall  be  replaced  by  the  following. 

Annexes  1. 4,  5,  6,  ~ and  <V  to  the  implementing  Regulation  may  be  amended  by  a  regulation 
of  the  (Commission  of  (he  European  Communities  at  the  request  of  the  Member  State  or 
the 
Member  States  concerned 
Administrative 

or 
( \mimis.\ion  has  been  obtained". 

their  competent  authorities 

the  opinion  of 

after 

\r(icle  3 

file  title.  lecitaK  table  of  contents  and  provisions  of  Regulations  (EEC)  Nos"  1408/71  and  574/72 
shall  be  replaced  by  the  text  -.ontaiiii-ii  .;.  . omex  A  Parts  1 and  II  respectively,  which  take  account 
(•f  the  ame'K».iit/nts  Said  down  ]]••  thy.  Kegulaliun 

o.nnex  B «-or-tams the  list  of  amending  acts  in  nu-  Regulations  referred  to  in  the  foregoing  paragraph 

.Article  4 

I  ins  Regulation  shall  enter  into  force  on  the  f\v<\  day  <.>{ the  month  following  that  of  its  publication 
m  the  ()fficial  Journal  of  the  European  ( 'o/>///>,7///,',v.v 

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

Dona  at 

t:or  the  Council 

The  President 

8  -

ANNEXES 

Annex  A 

Part  I:  Council  Regulation  (EEC) No  1408/71  of  14  June  1971  on the application  of  social 
security  schemes  to  employed  persons,  to  self-employed  persons  and  to  members 
of  their  families  moving  within  the  Communitv 

Part  II:  Regulation  (EEC)  No  574/72 

implementing 
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 
m ovin s  within  the  Communitv 

the  procedure  for 

laying  down 

Appendix 

Annex  B:  List  of  acts  amending  Regulations  (EEC)  Nos  1408/"'1  an« 

ANNEXA 

PARTI 

Council  Regulation  (EEC)  No  1408/71  on  the  application  of  social  security  schemes  to  employed  per 
sons,  to  self-employed  persons  and  to  members  of  their  families  moving  within  the 

Community 

(8)  (9)  (10)  (11) 

TABLE  OF  C O N T E N TS 

n T LE  I: 

GENERAL  PROVISIONS  (Articles  1 to  12) 

TITLE  II: 

DETERMINATION  OF  THE  LEGISLATION  APPLICABLE  (Articles  13  to 
17a) 

TITLE  III: 

SPECIAL  PROVISIONS  RELATING  TO  THE  VARIOUS  CATEGORIES  OF 
BENEFITS 

Chapter  1: 

Sickness  and  maternity 

Section  1: 

Common  provisions  (Article  18) 

Section  2: 

Section  3: 

Section  4: 

Section  5: 

Section 6: 

Employed  or  self-emploved  persons  and  members  of  their  families  (Articles  19  to 
24) 

: 

Unemployed  persons  and  members  of  their  families  (Article  25) 

Pension  claimants  and  members  of  their  families  (Article  26) 

Pensioners  and  members  of  their  families  (Articles  27  to  34) 

Miscellaneous  provisions  (Article  35) 

Section  7: 

Reimbursement  between  institutions  (Article  36) 

Chapter  2: 

Invalidity 

Section  1: 

Section  2: 

Section 3: 

Section  4: 

Employed  or  self-employed  persons  subject  only  to  legislations  under  which  the 
amount  of  invalidity  benefits 
is  independent  of  {he  duration  of  periods  of 
insurance  (Articles  37  to  39) 

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  4()) 

Aggravation  of  invalidity  (Article  41 ) 

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) 

Chapter  3: 

Old  age  and  death  (pensions)  (Articles  44  to  51 ) 

Chapter  4: 

Accidents  at  work  and  occupational  diseases 

Page 

6 

11 

14 

14 

14 

16 

17 

17 

19 

20 

20 

21 

22 

23 

23 

Section  1 : 

Right  to  benefits  (Articles  52  to  59) 

Section  2: 

Aggravation  of  an  occupational  disease  for  which  the  benefit  has  been  awarded 
(Article  60) 

30 

M!'\S/O! 

i 

Section 3: 

Miscellaneous  provisions  (Articles  61  and  62) 

Section 4: 

Reimbursements  between  institutions  (Article  63) 

Chapter 5: 

Death grants (Articles 64 to 66) 

Chapter 6: 

Unemployment  benefits 

Section  1: 

Section 2: 

Section 3: 

Common  provisions  (articles  67  and  68) 

Unemployed  persons  going  to  a  Member  State  other  than  the  competent  State 
(Articles  69  and  70) 

Unemployed  persons  who,  during  their  last  employment,  were  residing  in  a 
Member  State  other  than  the  competent  State  (Article  71) 

Chapter 7: 

Family  benefits  (Articles  72  to  76) 

Chapter 8: 

BeneCts  for  dependent  children  of  pensioners  and  for  orphans  (Articles  77  to 
79) 

TITLE  IV: 

ADMINISTRATIVE  COMMISSION  ON 
MIGRANT  WORKERS  (Articles  SO and  SI) 

SOCIAL 

SECURITY 

FOR 

TITLE  V: 

ADVISORY  COMMITTEE  ON  SOCIAL  SECURITY'  FOR  MIGRANT 
WORKERS  (Articles  82  and  83) 

TITLE  VI: 

MISCELLANEOUS  PROVISIONS  (Articles  84  to  93) 

TITLE  VII: 

TRANSITIONAL  AND  FINAL  PROVISIONS  (Articles  94  to  UK)) 

ANNEXES 

Annex I: 

Annex  II: 

Annex  Ha 

Annex  III: 

Persons  covered  by  the  Regulation 

-. 

the 
Special  schemes  for  self-employed  persons  excluded  from 
to  the  fourth  subparagraph  of  Article  1  (j)  —  Special 
Regulation  pursuant 
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 

the  scope  of 

Special  non-contributory  benefits 

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 

31 

32 

32 

33 

34 

34 

35 

37 

37 

38 

40 

44 

48 

51 

Annex 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  iasurance 
— 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 

Annex V 

Concordance  between  the  legislations  of  Member  States  on  conditions  relating  to 
the  degree  of  invalidity 

Annex VI: 

Special  procedures  for  applying  the  legislations  of  certain  Member  States 

Annex VII: 

Instances  in  which  a  person  shall  be  simultaneously  subject  to  the  legislation  of 
two  Member  States 

68 

73 

77 

93 

THE  COUNCIL  OF THE  EUROPEAN  UNION, 

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

Whereas  it  is  necessary,  within  the  framework  of 
that  coordination,  to  guarantee  within  the  Com 
munity  equality  of  treatment  under  the  various 
the 
national 
Member States and their dependants and their sur 
vivors; 

to  workers 

legislations 

living  in 

Having  regard  to  the  proposal  from  the  Commis 
sion  of  the  European  Communities, 

Having regard  to the  opinion  of the  European  Par 
liament, 

Whereas  the  provisions  for  coordination  must 
guarantee  that  workers  moving  within  the  Com 
munity and their dependants and their survivors re 
tain  the  rights  and  the  advantages  acquired  and  in 
the  course  of  being  acquired; 

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

Whereas the provisions for coordination  df  nation 
al social  security  legislations  fall  within  the  frame 
work of freedom  of movement  for workers who are 
nationals  of  Member  States  and  should  contribute 
towards  the  improvement  of  their  standard  of  liv 
ing  and  conditions  of  employment; 

Whereas  freedom  of  movement  for  persons, which 
is one of the cornerstones of the Community, is not 
confined  to  employed  persons  but  also  extends  to 
self-empioyed  persons  in  the  framework  of  the 
freedom  of establishment  and  the  freedom  to sup 
ply  services; 

Whereas  the  considerable  differences  existing  be 
tween  national  legislations  as  regards  the  persons 
to whom  they apply  make  it preferable  to  establish 
the  principle that  the  Regulation  applies to all per 
sons  insured  under  social  security  schemes  for 
employed  persons  and  for  self-employed  persons 
or  by  virtue  of  pursuing  employment  or  self-
employment; 

Whereas  it is necessary  to  respect  the  special  char 
acteristics  of  national  social  security  legislations 
and  to  draw  up  only  a  system  of  coordination; 

Whereas  these  objectives  must  be  attained  in  par 
ticular  by aggregation  of  all  the periods  taken  into 
account  under  the various  national  legislations  for 
the purpose  of acquiring and  retaining  the  right  to 
benefits  and  of  calculating  the  amount  of  benefits, 
and by the provision of benefits  for  the various cat 
egories  of  persons  covered  by  the  Regulation  re 
gardless of their place of residence within the  Com 
munity; 

Whereas employed persons and self-employed  per 
sons  moving within  the  Community  should  be sub 
ject  to the social security scheme of only one  single 
Member  State  in  order  to  avoid  overlapping  of 
national  legislations  applicable  and  the  complica 
tions  which  could  result  therefrom; 

Whereas the instances in which a person should  be 
subject  simultaneously  to  the  legislation  of  two 
Member  States as an exception to the general  rule, 
should  be  as limited  in  number  and  scope  as poss 
ible; 

Whereas  with  a view  to  guaranteeing  the  equality 
of  treatment  of  all workers  occupied  on  the  terri 
tory  of  a  Member  State  as  effectively  as  possible, 
it is appropriate  to determine  as the  legislation  ap 
plicable,  as  a  general  rule,  that  of  the  Member 
State  on  which  the  person  concerned  pursues  em 
ployment  or  self-employment; 

1408/71-3 

Whereas  in  certain  situations  which  justify  other 
criteria  of  applicability,  it  is  possible  to  derogate 
from  this  general  rule; 

Whereas  certain  benefits  foreseen  under  national 
laws  may fall  simultaneously  within  social  security 
and social assistance, because of the personal  scope 
of  their  application,  their  objectives  and  their 
manner  of  application,  it  is  necessary  to  lay down 
a system  of coordination, which  takes  into  account 
the  special  characteristics  of  the  benefits  con 
cerned,  that  should  be  included  in  the  Regulation 
in order to protect  the interests of migrant  workers 
in  accordance  with  the  provisions  of  the  Treaty; 

Whereas  such  benefits  should  be  granted,  in  re 
spect  of  persons  falling  within  the  scope  of  this 
Regulation,  solely  in  accordance  with  the  legisla 
tion  of the country of  residence  of  the person  con 
cerned  or of the members of his or her family, with 
such aggregation of periods of residence  completed 
in  any  other  Member  State  as  is  necessary  and 
without  discrimination  on  grounds  of  nationality; 

Whereas  it  is necessary  to  lay down  specific  rules, 
in particular  in the field  of sickness  and  unemploy 
ment,  for  frontier  workers  and  seasonal  workers, 
taking  account  of  the  specific  nature  of  their  situ 
ation; 

Whereas  in  the  field  of  sickness  and  maternity 
benefits,  it is necessary to guarantee  the  protection 
of  persons  living  or  staying  in  a  Member  State 
other  than  the  competent  Member  State; 

Whereas the specific  position  of pension  claimants 
and  pensioners  and  the  members  of  their  families 
calls  for  the  provisions  governing  sickness  insur 
ance  to  be  adapted  to  their  situation; 

for 

invalidity  benefits  a  system  of 
Whereas 
coordination  should  be  drawn  up  which  respects 
the  specific  characteristics  of  national  legislations; 
whereas it is therefore  necessary to make  a distinc 
tion  between  legislations  under  which  the  amount 
of invalidity benefit  is independent  of the length of 
insurance  and  legislations under which the  amount 
depends  on  the  aforementioned  length; 

Whereas  the  differences  between  the  schemes  in 
the  Member  States call for  the  adoption  of  rules of 
coordination which  are applicable  in the case of ag 
gravation  of  invalidity; 

Whereas  it is expedient  that  a system  for  the  award 
of  old-age  benefits  and  survivors  benefits  be 
worked  out  where  the  employed  or  self-employed 
person  has been  subject  to the  legislation  of one  or 
more  Member  States; 

Whereas  there  is a  need  to  determine  the  amount 
of  a  pension  calculated  in  accordance  with  the 
method  used  for  aggregation  and  pro  rata  calcula 
tion  and  guaranteed  by Community  law where  the 
application  of national  legislation,  including provi 
sions  concerning  reduction,  suspension  or  with 
drawal, is less favourable  than  the  aforementioned 
method; 

Whereas, to protect  migrant workers and their sur 
vivors  against  an  excessively  stringent  application 
of  the  national  provisions  concerning  reduction, 
suspension or withdrawal, it is necessary to  include 
provisions  laying down  strict  rules  for  the  applica 
tion  of  these  provisions; 

Whereas,  in  respect  of  benefits  for  accidents  at 
work and  occupational  diseases, it is necessary,  for 
the  purpose  of  affording  protection,  that  rules  be 
laid down covering the situation of persons  residing 
or  staying  in  a Member  State  other  than  the  com 
petent  Member  State; 

Whereas  it is necessary  to  lay down  specific  provi 
sions  for  death  grants; 

Whereas,  in  order  to  secure  mobility  of  labour 
under  improved  conditions,  it  is  necessary  hence 
forth  to  ensure  closer  coordination  between  the 
unemployment  insurance  schemes  and  the  unem 
ployment  assistance  schemes  of  all  the  Member 
States; 

Whereas  it is therefore  particularly  appropriate, in 
order  to  facilitate  search  for  employment  in  the 
various Member  States, to grant to an  unemployed 
worker,  for  a  limited  period,  the  unemployment 
benefits  provided  for  by  the  legislation  of  the 
Member  State  to  which  he  was  last  subject; 

Whereas, with a view to determining the  legislation 
applicable  to  family  benefits,  the  criterion  of  em 
ployment  ensures  equal  treatment  between  all 
workers  subject  to  the  same  legislation; 

Whereas,  in  order  to  avoid  unwarranted T5vlTrlap-
ping of benefits,  there  is a need to provide for  rules 
of priority in the case of overlapping of the  right  to 
family benefits  under the legislation of the compet 
ent  State  and  under  the  legislation  of  the  country 
of  residence  of  the  members  of  the  family; 

Whereas  the  legislations  of  the  Member  States 
differ  from  each  other  and  are  specific  in  nature, 
it is considered  necessary  to  draw  up specific  rules 
for  the  coordination  of  the  national  schemes  pro 
viding  benefits  for  dependent  children  of  pen 
sioners  and  for  orphans; 

i 408/7 i  4 

Whereas it is necessary  to establish  an Administra- 
tive Commission  consisting of a government repre- 
sentative from  each of the Member States, charged 
in  particular  with  dealing  with  all  administrative 
questions  or  questions  of  interpretation  arising 
from  the  provisions  of  this  Regulation,  and  to 
further  cooperation  between  the  Member  States; 

Whereas it is desirable, within the framework  of an 
Advisory Committee, to have the representatives of 

workers  and  employers  examine  the  issues  treated 
by  the  Administrative  Commission; 

Whereas  it  is  necessary  to  lay down  special  provi-

s i o ns  w h i ch  c o r r e s p o nd 
ticsof the national  legislations in order to  facilitate 
t he  a p p|i c a t i on  of  t he  r ujes  of  coordination, 

to  t he  special  characteris-

HAS  ADOPTED  THIS  REGULATION: 

1408/71-5 

TITLE I 

GENERAL PROVISIONS 

Article  1 

(10)  (15) 

Definitions 

For  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: 

— 

identified 

can  be 
self-employed  person  by  virtue  of 
manner 
scheme 
such 
administered  or  financed,  or. 

as  an  employed  or 
the 
is 

in  which 

a 

for 

scheme 

employed 

is  insured  for  some 
failing  such  criteria, 
in  Annex  I 
other  contingency  specified 
under 
or 
self-employed  persons,  or  under  a  scheme 
referred  to  in  (iii), cither  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; 

is  compulsorily 

insured  \o<: 
(ni)  any  person  who 
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  1; 

the  contingencies  covered  by 

(iv)  any  person  who  is  voluntarily  insured  for  one  or 
more  of 
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  activity  as  an 
employed  or  self-employed  person,  or 

person 

has 
insured 

been 
if 
such 
compulsorily 
same 
contingency  under  a  scheme  for  employed 
or 
same 
Member  State; 

previously 
the 
for 

self-employed 

'persons  of 

the 

(b) 

(c) 

(J) 

!>) 

any 

employed 

or 
'frontier  worker'  means 
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 posted  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; 

'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 
:o  account 
that  State  for  a  period  which  may  on 
exceed  eight  month,  and  who  stays  in  tr  -  erritory  of 
the  said  State  for  the  duration  of  this wc  work  of  a 
seasonal  nature  shall  be  taken  to  mean  work  which, 
being  dependent  on  the  succession  of  the  season, 
automatically  recurs  each  year; 

refugee"  shall  have  the  meaning  assigned  to  n  iw 
.Article  1 of  the  Convention  of  the  Status  of  Reîueeci. 
signed  at  Geneva  on  2S July  1951: 

stateless  person'  shall  have  the  mcanine  assigned  to > 
in  Article 
lue  Status  o; 
Stateless  Persons, 
in  New  York  on  _~ 
September  1CJ54; 

i  of  the  Convention  on 
signed 

n  >  {•) 

'member  of  the  family'  means  any  person  de 
rincd  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,  how 
ever,  the  said  legislations  regard  as  a  member  of 
the  family  or  a  member  of  the_household  only  a 
the 
person 
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 
the 
'member  of  the  family'  shall  have 
meaning  given  to  it  in  Annex  I; 

the  same  roof  as 

living  under 

1408/71-n 

(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 
if  such  person  was  mainly 
considered 
dependent  on  the  deceased; 

satisfied 

(h) 

'residence'  means  habitual  residence; 

(i) 

'stay'  means  temporary  residence; 

(j) 

'legislation'  means  in  respect  of  each  Membe'r  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 
special 
non-contributory  benefits  covered  by  Article  4  (2a). 

(2)  or 

those 

and 

(1) 

(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; 

(1) 

in  respect  of  each 
'competent  authority'  means, 
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  fof  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; 

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. 

(ii) 

the  institution  from  which  the  person  concerned 
is  entitled  or  would  be  entitled  to  benefits  if  he 
or  a  member  or  members  of  his  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 
thereof,  a  body  or 
involved  or, 
authority  designated  by  the  competent  authority 
of  the  Member  State  concerned; 

in  default 

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 
the 
and  published 
provisions  of  Article  97. 

in  accordance  with 

(p) 

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. 

also 

term 

'legislation' 

The 
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 
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; 

to  a  part  of 

the  person 

'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 
concerned 
institution  which  is  competent  to  provide  benefits  in 
is  staying, 
the  place  where  the  person  concerned 
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; 

resides 

and 

(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; 

i  tnv/7 1  —7 

(s) 

and 

employment' 

of 
of 
'periods 
self-employment'  mean 
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; 

'periods 
so  defined 

periods 

(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) 

funds, 

public 

'benefits'  and 
'pensions'  mean  all  benefits  and 
pensions,  including  all  elements  thereof  payable  out 
of 
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; 

revalorization 

increases 

(u) 

(i) 

the  term  '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; 

(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  2 

Persons  covered 

shall  apply 

This  Regulation 

to  employed  or 
1. 
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  3 

Equality  of  treatment 

1. 
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. 

Save as provided  in Annex III, the provisions of  social 
3. 
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 

(10) 

Matters  covered 

This  Regulation 

1. 
concerning  the  following  branches  of  social  security: 

shall  apply 

to  all 

legislation 

(a)  sickness  and  maternity  benefits; 

(b) 

invalidity  benefits,  including  those  intended  for  the 
maintenance  or  improvement  of  earning  capacity; 

(c)  old-age  benefits; 

(d)  survivors'  benefits; 

(e)  benefits 

in 
occupational  diseases; 

respect  of  accidents  at  work 

and 

(f)  death  grants; 

(g)  unemployment  benefits; 

(h)  family  benefits. 

security 

This Regulation  shall  apply  to  all general  and  special 
2. 
social 
or 
schemes,  whether 
non-contributory,  and  to schemes concerning  the  liability of 
an employer or shipowner in respect  of the benefits  referred 
to  in  paragraph  1. 

contributory 

This  Regulation 

2a. 
special 
shall 
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: 

apply 

also 

to 

(a)  either 

to  provide 

supplementary, 

or 
ancillary  cover  against 
the 
branches  of  social  security  referred  to  in  paragraph 
1 (a)  to  (h), 

substitute 
the  risks  covered  by 

(b)  solely  as  specific  protection  for  the  disabled. 

1408/71-8 

This Regulation shall not apply to the provisions in the 
2b. 
special 
legislation  of  a  Member  State  concerning 
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 

(10). 

Declarations  by the Member States on the scope of this 
Regulation 

to 

in  Article  4 

The Member States shall specify  the legislation  and  schemes 
referred 
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 hi  notified 
and  published  in  accordance  with  Article  97. 

(1)  and 

(2), 

the 

Article 6 

Social  security  conventions  replaced  by this  Regulation 

Subject  to  the  provisions  of  Articles  7,  S  and  4 h  (4).  this 
Regulation  shall,  as  regards  persons  and  matters  which  it 
the  provisions  of  any  social  security 
replace 
covers, 
convention  binding  either 

;  . f  tv.o  or  more  Member  Sta'es  cxc!.isivel\; 

• !  ,:t  least  two  Member  Sterns  ..r;o  one  or  moic  orher 
'•.tatc-.  where  settlement  oi  the  ease*  concerned  cioe< 
:::){  involve  any  institution,  of  one  ~v:  the  |;<uci  Sûtes 

Aride?' 

(-, 

Intel national  provisions  not  affected  hy this  Regulation 

This  Regulation  shall  not  affect  obligations  arising 

l ' i o n i-

:,;;  anv  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. 

The  provisions  of  Article  6  notwithstanding, 

2. 
following  shall  continue  to  apply. 

the 

(a) 

the  provisions  of  the  Agreements  of  27  July  1950  and 
30  November  1979  concerning  social  security  for 
Rhinc  boatmen; 

(b)  the  provisions  of  the  European  Convention  of  9  July 
in 

for  workers 

security 

1956  concerning  social 
international  transport; 

(c) 

the  provisions  of  the  social  security  conventions  listed 
in  Annex  III. 

Article  8 

Conclusion  of conventions between Member States 

Two  or  more  Member  States  may,  as  need  arises, 
1. 
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  9 

Admission  to voluntary  or optional  continued  insurance 

1. 
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. 
Whe  e,  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 
jccount,  to  the  extent  required,  as  if  they  were  completed 
under  the  leiiislation  of  the  first  State. 

Article  9a 

(7) 

Prolongation  of the  reference period 

Where,  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. 

1408/71-9 

Article  10 

Waiving of residence  clauses  — Effect  of compulsory  insurance 
on  reimbursement  of  contributions 

in 

Save  as  otherwise  provided 

1. 
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 
reduction,  modification, 
to  any 
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  first  subparagraph  shall  also apply to  lump-sum  benefits 
granted  in cases of remarriage  of a surviving spouse who was 
entitled  to  a  survivors'  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 

(10) 

Special  non-contributory  benefits 

1. 
Nothwithstanding  the  provisions  of  Article  10  and 
Title  III,  persons  to  whom  this  Regulation  applies  shall  be 
granted  the special non-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 
lia.  Such  benefits  shall  be  granted  by and  at  the  expense  of 
the  institution  of  the  place  of  residence. 

to 

2. 
The  institution  of  a  Member  State  under  whose 
legislation  entitlement  to  benefits  covered  by paragraph  1 is 
the  completion  of  periods  of  employment, 
subject 
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  11 

Revalorization  of  benefits 

Rules  for  revalorization  provided  by  the  legislation  of  a 
that 
Member  State  shall  apply  to  benefits  due  under 
legislation 
this 
the  provisions  of 
into  account 
Regulation. 

taking 

Ankle  12 

(9)  (11) 

Prevention  of overlapping  of  benefits 

1. 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 Articles  41,  43 (2)  and  (3). 
46,  50  and  51  or  Article  60  (1)  (b). 

in  this  Regulation, 

2.  Save  as  otherwise  provided 
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. 

1408/71-10 

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  Membef 
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. 

DETERMINATION  OF THE LEGISLATION  APPLICABLE 

TITLE  II 

(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  14 

Special  rules applicable  to persons, other  than  mariners, 
engaged  in paid  employment 

Article  13  (2)  (a)  shall  apply  subject 
exceptions  and  circumstances: 

to  the  following 

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  per 
form  work  there  for  that  undertaking  shall  con 
tinue  to  be  subject  to  the  legislation  of  the  first 
the  anticipated 
Member  State,  provided 
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. 

that 

(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 
the 
of  the  Member  State  in  whose 
person 
the  body 
designated  by  that  authority  gives  its  consent; 
such  consent  must  be  requested  before  the  end 
initial  12-month  period.  Such  consent 
of  the 
cannot,  however,  be  given  for  a  period  exceeding 
12  months. 

is  posted  or 

concerned 

territory 

Article  13 

(9) 

General  rules 

Subject 

1. 
this 
to  Article  14c,  persons 
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. 

to  whom 

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 
is 
individual  employing  him 
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 
territory  of 
another  Member  State; 

if  he  resides 

in  the 

(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 
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; 

taken 

I40S/7: 

2.  A  person  normally  employed  in  the  territory  of  two 
the 

or  more  Member  States  shall  be  subject 
legislation  determined  as  follows: 

to 

(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 
in 
whose  territory  such  branch  or  permanent 
representation  is  situated; 

the  Member  State 

legislation  of 

(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) 

(ii) 

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; 

territory  is  situated 

to  the  legislation  of  the  Member  State  in 
whose 
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 
the 
another  Member  State  and  which  straddles 
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  14a 

Special  rules  applicable  to  persons, other  than  mariners, who 
are  self-employed 

Article  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  con 
tinue  to  be  subject  to  the  legislation  of  the  first 
Member  State,  provided 
the  anticipated 
duration  of  the  work  does  not  exceed  12  months. 

that 

(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 
territory 
the 
person  concerned  has  entered  to  perform 
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. 

the  Member  State  in  whose 

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 
the 
principal  activity  are  laid  down  in  the  Regulation 
referred  to  in  Article  98. 

to  determine 

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 
its 
registered  office  or  place  of  business. 

the  undertaking  has 

in  whose 

territory 

4. 

If  the  legislation  to  which  a  person  should  be  subject 
in  accordance  with  paragraph  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 
competent 
Member  States 
authorities. 

concerned  or 

their 

Article 14b 

Special  rules  applicable  to  mariners 

Article  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. 

1408/71-12 

2.  A  person  normally  self-employed,  either 

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. 

in 

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. 

for 

remunerated 

A  person  employed  on  board  a  vessel  flying  the  flag 
of  a  Member  State  and 
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 

(5) 

Special  rules  applicable  to  persons  who are  simultaneously 
employed in the territory of one Member State and  self-employed 
in  the  territorv  of another  Member  State 

A  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: 

— 

is  engaged 

to  the  legislation  of  the  Member  State  in  the 
territory  of  which  he 
in  paid 
been 
employment, 
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, 

legislation 

having 

that 

Article  14d 

(5) 

Miscellaneous  provisions 

1. 
The  person  referred  to  in Articles  14 (2)  and  (3),  14a 
(2), (3) and  (4) and  14c (a)  shall be  treated, for  thcpurposes 
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 
the  rates  of 
the  purposes  of  determining 
treated,  for 
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  15 

Rules  concerning  voluntary  insurance  or  optional  continued 
insurance 

1. 
Articles  13  to  14d  shall  not  apply  to  voluntary 
insurance  or  to  optional  continued  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. 

Where  application  of  the  legislations  of  two  or  more 

2. 
Member  States  entails  overlapping  of  insurance: 

—  under  a  compulsory  insurance  scheme  and  one  or 
insurance 
the  person  concerned  shall  be  subject 

more  voluntary  or  optional  continued 
schemes, 
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. 

and 

to  the  legislation  of  the  Member  State  in  the 
territory  of  which  he 
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. 

is  self-employed, 

Article  16 

Special rules regarding persons employed by diplomatic missions 
and  consular  posts, and  auxiliary  staff  of the  European 
Communities 

1. 
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. 

1408/71 • 

However,  employed  persons  covered  by paragraph  1 
2. 
is  the 
who  are  nationals  of  the  Member  State  which 
accrediting  or  sending  State  may  opt  to  be  subject  to  the 
legislation  of that State. Such  right  of option maybe  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 
the  conditions  of 
is  governed  by 
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 

(9) 

Exceptions  to  Articles  13  to  16 
Two  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 

(9) 

Special  rules  concerning  recipients  of  pensions  due  under  the 
legislation  of  one  or  more  Member  State 

The  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. 

SPECIAL  PROVISIONS  RELATING  TO THE VARIOUS CATEGORIES  OF  BENEFITS 

TITLE  III 

CHAPTER I 

Section  2 

SICKNESS AND MATERNITY 

Employed  or  self-employed  persons  and  members  of  their 
families 

Section  1 

Common  provisions 

Article  18 

Aggregation  of periods  of insurance, employment  or  residence 

1. 
The  competent  institution  of  a  Member  State  whose 
legislation  makes the acquisition, 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. 

Article  19 

Residence  in a Member  State  other  than  the  competent  State — 
General  rules 

1. 
An  employed  or  self-employed  person  residing  in  the 
territory  of  a Member  State  other  than  the competent  State, 
who  satisfies 
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: 

the  conditions  of 

legislation  of 

the 

(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. 
the  competent 
However,  by  agreement  between 
the  place  of 
institution  of 
institution  and 
residence,  such  benefits  may  be  provided  by  the  latter 
institution  on  behalf  of  the  former,  in  accordance  with 
the  legislation  of  the  competent  State. 

the 

The  provisions  of  paragraph  1 shall  apply  by  analogy 
2. 
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. 

1408/71-14 

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  20 

Frontier workers and members of  their families — Special rules 

A 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  21 

Stay  in  or  transfer  of residence  to the competent  State 

i 
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. 

Paragraph  1 shall  apply by analogy  to  the  members of 

2. 
the  family  referred  to  in  Article  19  (2). 

However,  where  the 
latter  reside  in  the  tcrritoiy  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. 

Paragraphs  1 and  2 shall  not  apply to frontier  workers 

3. 
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  22 

Stay 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 treatment 

1. 
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 
is  authorized  by  that 
the  competent 
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; 

institution, 

or 

(c)  who  is  authorized  by  the  competent  institution  to  go 
to  the  territory  of  another  Member  State  to  receive 
there  the  t r e a t m nt  appropriate  to  his  condition, 

shall  be  entitled: 

(i) 

(ii.) 

in  kind  provided  on  behalf  of 

to  benefits 
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; 

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, 
the 
legislation  of  the  competent  State. 

in  accordance  with  the  provisions  of 

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  paragraphs  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: 

1408/71-15 

(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 
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; 

it  administers  as  if 

legislation  which 

the 

(b) 

the  authorization  required  under  paragraph  1 (c)  shall 
be  issued  by  the  institution  of  the  Member  State  in 
whose 
the  family  are 
the  members  of 
residing. 

territory 

The  fact  that  the  provisions  of  paragraph  1 apply  to 
4. 
an  employed  or  self-employed  person  shall  not  affect  the 
right  to  benefit  of  members  of  his  family. 

Article  22a 

(14) 

Special  rules  for  certain  categories  of persons 

Notwithstanding  Article  2 of  this  Regulation,  Article  22  (1) 
(a)  and  (c)  shall  also  apply  to  persons  who  are  nationals  of 
a  Member  State  and  are  insured  under  the  legislation  of  a 
Member  State  and  to the  members  of  their  families  residing 
with  them. 

Article$2b 

(15) 

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

The  employed  or self-employed  person  referred  to in Article 
13  (2)  (d),  14,  14a,  14b,  14c  (a)  or  17, and  members  of  the 
family  accompanying  him,  shall  benefit  from  the  provisions 
of Article  22 (1) (a) for  any condition  requiring  benefits  dur 
ing  a  stay  in  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. 

Article  23 

(A) 

Calculation  of  cash  benefits 

1. 
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 
to  earnings  or  contributions 
exclusively  by  reference 
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. 

The  competent  institution  of  a  Member  State  under 
3. 
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  24 

Substantial  benefits  in  kind 

1.  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  families 

Article  25 

1.  •  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 receive 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  insureé-with  it; 

institution  and 

(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 
the 
Member  State  in  which  the  unemployed  person  seeks 
employment,  benefits  may  be  provided  by  the  latter 
institution  on  behalf  of 
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. 

institution  of 

the  former 

institution 

the 

1408/71-16 

A 

totally  unemployed  person  who  was  formerly 
2. 
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. 

Where  an unemployed  person  satisfies  the  conditions 
3. 
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 
cost  of 
responsible 
unemployment  benefits; 

the 

for 

is 

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. 

Benefits  in  kind  provided  in  accordance  with  the 
3. 
provisions  of  paragraph  1  shall  be  chargeable 
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. 

to 

(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. 

Without  prejudice  to  any provisions  of  the  legislation 
4. 
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. 

Article  25a 

(12) 

Section  5 

Contributions  payable  by wholly  unemployed  persons 

The  institution  which  is  responsible  for  granting  benefits  in 
kind  and  cash  benefits  to  the  unemployed  persons  referred 
to  in  Article  25 (2)  and  which  belongs  to  a  Member  State 
whose  legislation  provides  for  deduction  of  contributions 
payable  by  unemployed  persons  to  cover  sickness  and 
to  make  such 
maternity  benefits  shall  be  authorized 
deductions 
its 
legislation. 

in  accordance  with 

the  provisions  of 

Pensioners  and  members  of their  families 

Section  4 

Pension  claimants  and  members  of their  families 

Article  26 

Right  to benefits  in  kind  in  cases  of cessation  of the  right to 
benefits  from  the  institution  which was last  competent 

1. 
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, 

Article  27 

Pensions  payable  under  the  legislation  of several  States  where 
there  is a right  to benefits  in  the  country  of  residence 

A  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. 

1408/71-17 

Article  28 

Article  28a 

Pensions  payable  under  the  legislation  of one  or  more  States, in 
cases where there  is no right  to benefits  in  the  country of 
residence 

1. 
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: 

referred 

(a)  benefits  in  kind  shall  be  provided  on  behalf  of  the 
the 
institution 
to 
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; 

in  paragraph  2  by 

(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 
it  administers.  However,  upon  agreement 
which 
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, 
the 
competent  State. 

in  accordance  with 

legislation  of 

the 

In  the  cases  covered  by  paragraph  1,  the  cost  of 
institution  as 

2. 
benefits 
determined  according  to  the  following  rules: 

in  kind  shall  be  borne  by  the 

(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. 

Pensions  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  country 

to  a  pension  under 

Where  the  pensioner  entitled 
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  institution  if  they  resided  in  the 
territory  of  the  Member  State  where  that  institution  is 
situated. 

Article  29 

Residence  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  resides 

1. 
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 
the  cost  being 
which 
borne  by  the  institution  of  the  pensioner's  place  of 
residence; 

institution  administers, 

that 

institution  as  determined  by 

(b)  cash  benefits  shall,  where  appropriate,  be  provided  by 
the  competent 
the 
provisions  of  Article  27  or  28  (2),  in  accordance  with 
the  provisions  of  the  legislation  which  it  administers. 
the  competent 
However,  upon  agreement  between 
institution  and 
the  place  of 
institution  of 
the 
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: 

MOc.'71-I* 

(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 
provisions  of  the  legislation  of  the  competent  State. 

in  accordance  with 

former, 

the 

Article  30 

Substantial  benefits  in  kind 

Article  33 

(7) 

Contributions  payable  by pensioners 

1. 
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. 

The  provisions  of  Article  24  shall  apply  by  analogy  to 
pensioners. 

Article  34 

General  provisions 

Article  31 

Stay  of the  pensioner  and/or  members of  his  family  in  a  State 
other  than  the  State  in  which  they  reside 

A  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  pensioner's  place  of 
the 
residence; 

institution  of 

the 

(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 
it  administers. 
However,  upon  agreement  between  the  competent 
institution  and  the  institution  of  the  place  of  stay, 
these  benefits  may  be  provided  by 
latter 
institution  on  behalf  of  the  former,  in  accordance  with 
the  provisions  of  the  legislation  of  the  competent 
State. 

legislation  which 

the 

Article  32 

(15) 

For  the  purposes  of  Articles  28,  28a,  29  and  31,  a 
1. 
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  provisions 

Article  35 

Scheme  applicable  where  there  are  a  number  of  schemes  in  the 
country  of  residence  or  stay  —  Previous  illness  —  Maximum 
period  during  which  benefits  are  granted 

1. 
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 
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. 

for  workers 

in  mines 

scheme 

and 

1408/71-19 

Where 

2. 
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 

the  pensions 

legislation  of 

(b)  where  a  person  in  receipt  of  one  or  more  pensions  is, 
the  competent 
under 
Member  State  or  Member  States,  entitled  only  to  the 
benefits  in  kind  provided  for  by  a  special  scheme  for 
less 
self-employed 
to 
favourable  benefits 
employed  persons. 

in  kind  than  those  granted 

persons  which 

grants 

also 

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  institutions 

Article  36 

(15) 

1. 
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. 

The  refunds  referred 

2. 
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  (11) 

INVALIDITY 

Section  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  insurance 

Article  37 

(11) 

General  provisions 

1. 
An  employed  person  or  a  self-employed  person  who 
has been successively or alternately 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 

(11) 

Consideration  of  periods  of  insurance  or  of  residence  completed 
under  the  legislation  to  which  an  empley«d-person  or  a 
self-employed  person  was  subject  for  the acquisition,  retention  or 
recovery  of  the  right  to  benefits 

insurance  or  of  residence, 

1.  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  paragraph  2  or  3, subject  to  the  completion  of 
periods  of 
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. 

14! IS'7 !-;>() 

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. 

Where  the  legislation  of  a  Member  State  makes  the 
3. 
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  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  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. 

4. 
If  the  legislation  referred  to  in  paragraph  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. 

Where  that  institution  applies  legislation  providing  for 
deduction  of  contributions  payable  by  unemployed  persons 
to  cover  invalidity  benefits,  it  shall  be  authorized  to  make 
such  deductions  in  accordance  with  the  provisions  of  its 
legislation. 

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. 

Article  39 

(11)  (14) 

Section  2 

Award  of  benefits 

1. 
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. 

A  person  who  satisfies  the  conditions  referred  to  in 
2. 
paragraph  1  shall  receive  the  benefits  only  from  the  said 
institution, 
the 
legislation  which  it  administers. 

in  accordance  with 

the  provisions  of 

A  person  who  is  not  entitled 

3. 
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. 

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  1 

Article  40 

(11) 

General  provisions 

1. 
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. 

However,  an  employed  or  self-employed  person  who 
2. 
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: 

1408/71-21 

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, 

(i) 

the  date  of  acquisition  of  the  right  to 
in 
invalidity 
subparagraph  (a)  (ii)  under  the  legislation 
of  the  second  Member  State, 

referred 

benefits 

to 

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 

— 

3. 

that  he  does  not  assert  any claims  to  old-age  benefits, 
account  being  taken  of  the  second  sentence  of  Article 
44  (2). 

(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  sick 
ness  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 
salarv; 

(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 
respect  of 
invalidity  under  the  legislation  of  the  second 
Member  State, 

in 

as  if  it  were  a  period  during  which  cash  sickness 
benefits  were  paid  to  him  under  the  legislation  or 
the  first  Member  State  or  during which  he was in 
capable  of working within  the  meaning  of  that  leg 
islation. 

(b)  The 

to 

right 

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 
the 
by 
preliminary  period  of 
incapacity  of  work  as 
required  by  that  legislation,  but  not  before: 

legislation  or  upon  expiry  of 

that 

(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. 

A  decision  taken by an institution  of  a Member  State 
4. 
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 

Aggravation of  invalidity 

Article  41 

(11) 

In the case of aggravation  of an invalidity for which  an 
1. 
employed  person  or  a  self-employed  person  is  receiving 
benefits  under  the  legislation  of  a  singie Member  State,  the 
following  provision  shall  apply: 

(a) 

(b) 

(c) 

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  aggravation  into 
account,  in  accordance  with  the  provisions  of 
the 
legislation  which  it  administers; 

if  the  person  concerned  has  been  subject 
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; 

to 

if  the  total  amount  of  thé  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) 

(ii) 

the  illness  which  caused  the  aggravation  is  the 
same  as  the  one  which  gave  rise  to  the  granting 
of  benefits  under  Dutch  legislation, 

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 

(;u I  the  legislation  or  legislations  to  which  the  person 
receiving 

concerned  has  been  subject 
benefits  is  or  are  listed  in  Annex  IV,  part  A, 

since 

1408/71-22 

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  provisions  of 
the 
to 
the  benefits,  according 
legislation  of 
the 
into  account 
aggravation  and,  where  appropriate,  Article  38. 

the  State, 

taking 

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 

Resumption  of provision  of benefits  after  suspension  or 
withdrawal  — Conversion  of invalidity benefits  into  old-age 
benefits  — Recalculation  of benefits  granted  under 
Article 39 

Article  42 

(11) 

Determination  of the  institution  responsible  for  the  provision of 
benefits  where  provision  of  invalidity  benefits  is  resumed 

If  provision  of  benefits 

1. 
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 

(11) 

Conversion  of  invalidity  benefits  into  old-age  benefits  — 
Recalculation  of  benefits  granted  under  Article  39 

1. 
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. 

Where  a  person  receiving  invalidity  benefits  can 
2. 
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 a 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 
legislation  or 
legislations  concerned. 

to  invalidity  benefits  under 

the 

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  (11) 

OLD AGE AND DEATH (PENSIONS) 

Article  44 

(11) 

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  States 

The 

rights 

or 
to  benefits  of 
1. 
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. 

employed 

an 

in  Article  49, 

Save  as  otherwise  provided 

2. 
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  increases  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 

(11)  (14) 

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  benefits 

insurance  or  of  residence, 

1.  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  paragraph  2  or  3,  subject  to  the  completion  of 
periods  of 
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 a self-employed  person.  For 
that purpose,  it shall  take  account  of  these periods  as if they 
had  been  completed  under  its  own  legislation. 

Where  the  legislation  of  a  Member  State  makes  the 
2. 
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 corresponaing 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  referred  to  in  this 
paragraph, 
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  person  concerned  does  not  satisfy 

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  paragraph  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. 

Where  that  institution  applies  legislation  providing  for 
deduction  of  contributions  payable  by  unemployed  persons 
to  cover  old  age  pensions  and  death,  it  shall  be  authorized 
to  make  such  deductions  in  accordance  with  the  provisions 
of  its  legislation. 

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 

(11) 

Award  of  benefits 

1.  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; 

1408/71-24 

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 

(11) 

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 States 

1. 
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. 

For  the  purposes  of  this  Chapter,  overlapping  of 
2. 
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. 

The  following  rules  shall  be  applicable  for 

the 
3. 
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: 

{,')  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; 

lb)  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  iams  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 w.thin  the  limit  of  the  amount  of  the 
benefits  payable  under  the  legislation  or  the  income 
acquired  within  the  territory  of  other  Member  States. 

(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),  in so  far  as that 
institution  does  not  apply  any  legislation  containing 
rules  against  overlapping  as  referred  to  in  Articles 
institution 
46b  and  46c  or  if  the  aforementioned 
applies 
against 
overlapping  in  the  case  referred  to  in  Article  46c, 
lays  down  that 
provided  that  the  said  legislation 
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 
to 
residence  required  by  that  legislation 
qualify  for  full  benefit  entitlement. 

containing 

legislation 

in  order 

rules 

a 

IV,  part  C, 

Annex 
lists  for  each  Menber  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: 

'-) 

(

' • >) 

shall 

calculate 

institution 

competent 

the  employed  person  or 

the 
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 
self-employed 
to  which 
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 
(if  the  duration  of  the  periods  completed,  the  amount 
shall  be  regarded  as  being  the  theoretical  amount 
.eferred  to  in  this  paragraph; 

referred 

to 
in  accordance  with 

the  competent  institution  shall  subsequently  determine 
the  actual  amount  of  the  benefit  on  the  basis  of  the 
the  preceding 
theoretical  amount 
paragraph 
the-
ratio  of 
duration  of  the  periods  of  insurance  or  of  residence 
completed  before  the  materialization  of  the  risk  under 
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. 

legislation  which 

it  administers 

in 
the 

the 

to 

the  competent 

3. 
The  person  concerned  shall  be  entitled  to  the  highest 
amount  calculated  in  accordance  with  paragraphs  1 and  2 
institution  of  each  Member  State 
from 
without  prejudice 
the  provisions 
concerning  reduction, suspension  or withdrawal  provided  for 
by  the  legislation  under  which  this  benefit  is  due. 

to  any  application  of 

i 4 0 8 / 7 1 - 25 

Article  46b 

(11) 

Special  provisions  applicable  in  the case of overlapping of 
benefits  of the  same  kind  under  the legislation  of two or more 
Member  States 

1. 
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  die  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, 

(b)  a  benefit,  the  amount  of  which  is  determined  on  the 
to  have  been 
basis  of  a  credited  period  deemed 
completed  between 
risk 
the 
materialized  and  a  later  date.  In  the  latter  case,  the 
said  provisions  shall  apply  in  the  case  of  overlapping 
of  such  a  benefit: 

the  date  on  which 

(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 
mentioned  in  Annex  IV,  part  D. 

referred 

to 

in  (b)  are 

Article  46c 

(11) 

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  concerned 

1. 
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. 

Where 

the  benefit 

in  question 

is  calculated 

2. 
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: 

in  strict  application  of 

(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 
the  provisions 
concerning 
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; 

reduction, 

(b)  where  in  a  case  of  a  benefit  or  benefits  calculated  in 
reduction, 
in 

accordance  with  Article  46 
suspension  or  withdrawal  shall  be  carried  out 
accordance  with  paragraph  2. 

(2), 

the 

4. 
Where,  in  the  case  referred  to  in paragraphs  I  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 
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. 

income  and  all  other  elements 

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 

(11) 

Additional  provisions  for  the calculation  of  benefits 

1. 
For  the  calculation  of  the  theoretical  and  pro  rata 
amounts referred  to in Article 46 (2), the following  rules shall 
apply: 

1408/71-26 

longer 

legislations  of  all 
is 

(a)  where  the  total  length  of  the  periods  of  insurance  and 
of  residence  completed  before  the  risk  materialized 
under 
the  Member  States 
the 
concerned 
the  maximum  period 
than 
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 
figures  or 
other 
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; 

than  apprentices,  such  average 

(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 
earnings, 
States  on 
contributions  or  increases  recorded  in  respect  of  the 
periods  of  insurance  completed  under  the  legislation 
which  it  administers; 

the  basis  of 

the  average 

(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 
insurance  or  residence  completed 
the  periods  of 
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, 
the  basis  of  average 
benefits  are  calculated  on 
contributions, 
shall 
institution 
competent 
determine  that  average  by  reference  only  to  those 
periods  of  insurance  completed  under  the  legislation 
of  the  said  State. 

the 

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. 

in 

if, 

this  Member  State,  only  periods  of 

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, 
full 
and 
unemployment with benefit  in accordancerwlth Article  71 (1) 
(a) (ii) or the first sentence of Article 71 (1) (b) (ii) are  taken 
into  consideration 
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. 

the  payment  of  pensions, 

for 

(e)  where,  under 

the 

legislation  of  a  Member  State, 
the  basis  of  standard 
benefits  are  calculated  on 
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 
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; 

insurance  or 

Article  48 

(11) 

Periods  of  insurance  or of  residence  of less than  one year 

1. 
Notwithstanding  Article  46  (2),  the  institution  of  a 
Member  State  shall  not  be  required  to  award  benefits  in 
respect  of  periods  completed  under 
it 
administers,  which  are  taken  into  account  when  the  risk 
materializes,  if: 

legislation 

the 

1408/71-27 

— 

the  duration  of  the  said  periods  does  not  amount  to 
one  year, 

(ii) 

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 

(11)  (15) 

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  benefits 

1. 
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 
45  and/or  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 
shall 
in 

legislation  whose 
calculate 
amount  of 
accordance  with  Article  46; 

the  benefit  due, 

conditions 

satisfied 

the 

are 

(b)  however: 

(i) 

two 

least 

under 

if  the  person  concerned  satisfies  the  conditions 
of  at 
legislations  without  having 
recourse  to  periods  of  insurance  or  residence 
legislations  whose 
the 
completed 
conditions  are  not  satisfied,  these  periods  shall 
not  be  taken  into  account  for  the  purposes  of 
Article  46  (2)  unless  taking  account  of  the  said 
periods  makes  it  possible  to  determine  a  higher 
amount  of  benefit; 

if  the  person  concerned  satisfies  the  conditions 
of  one  legislation  only without  having  recourse  to 
insurance  or  residence  completed 
periods  of 
under  the  legislations  whose  conditions  are  not 
satisfied,  the  amount  of  the  benefit  due  shall,  in 
accordance  with  Article  46 
(i),  be 
calculated  only  in  accordance  with  the  provisions 
of  the  legislation  whose  conditions  are  satisfied, 
taking  account  of  the  periods  completed  under 
that  legislation  only,  unless  taking  account  of  the 
periods  completed  under  the  legislations  whose 
conditions  are  not  satisfied  makes  it  possible,  in 
accordance  with  Article  46 
to 
(a) 
determine  a  higher  amount  of  benefit. 

(ii), 

(1) 

(1) 

(a) 

The provisions of this paragraph  shall apply mutatis  mutandis 
where  the  person  concerned  has  expressly  requested  the 
postponement  of 
in 
the  award  of  old-age  benefits, 
accordance  with  the  second  sentence  of  Article  44  (2). 

recalculated 

automatically 

2. 
The benefit  or benefits  awarded  under one or more of 
the  legislations  in  question,  in  the  case  referred 
to  in 
in 
paragraph  1,  shall  be 
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). 

A  recalculation,  shall  automatically  be  made 

3. 
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 

(11) 

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  resides 

A 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  accounf  for  the  payment 
in  accordance  with  the  preceding  Articles.  The  competent 
institution  of 
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. 

that  State  shall, 

1408/71-28 

Article  51 

(11) 

Revalorization  and  recalculation  of  benefits 

1. 
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. 

On  the  other  hand,  if  the  method  of  determining 
2. 
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 DISEASES 

Section  1 

Right  to  benefits 

Article  52 

Residence  in  a  Member  State  other  than  the  competent  Stat'  — 
General  rules 

An  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  53 

Frontier  workers  — Special  rule 

A 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  54 

Stay  in  or  transfer  of residence  to the  competent  State 

An  employed  or  self-employed  person  covered  by 
1. 
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 
transferring  his 
residence. 

received  benefits  before 

Article  55 

Stay 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  treatment 

1. 
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; 

(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  transfer  his 
place  of  residence  to  the  territory  of  another  Member 
State; 

(c)  who  is  authorized  by  the  competent  institution  to  go 
to  the  territory  of  another  Member  State  in  order  to 
receive 
to  his 
condition, 

treatment  appropriate 

there 

the 

shall  be  entitled: 

(i) 

(ii) 

in  kind  provided  on  behalf  of 

to  benefits 
the 
competent  institution  by the  institution  of  the  place  of 
stay  or  residence  in  accordance  with  the  provisions  of 
the 
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; 

legislation  administered  by  that 

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 
legislation  oi  the  competent 
accordance  with 
State. 

the 

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 56 

Accidents  while  travelling 

An  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. 

1408/71-29 

Article  57 

(7) 

Benefits  for  an  occupational  disease  where  the  person  concerned 
has  been  exposed  to the  same  risk  in  several  Member  States 

1. 
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,  of  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 
in  Article  45  (1) 
referred 
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. 

residence 

to 

The  Council  shall  determine  unanimously,  on  a 
6. 
proposal  from  the  Commission,  the  occupational  diseases  to 
which  the  provisions  of  paragraph  5  shall  be  extended. 

1408/71-30 

Article 58 

Calculation  of cash  benefits 

1. 
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  59 

Costs  of transporting  a  person  who has  sustained  an  accident  at 
work  or  is  suffering  from  an  occupational  disease 

The  competent  institution  of  a  Member  State  whose 
1. 
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  diseasSfbT which  the 
benefit  has  been  awarded 

Article  60 

(7)  (11) 

In  the event of aggravation  of an occupational  disease 
1. 
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  competent 
institution  of  the  first  Member  State  shall  be  bound 
to  meet  the  cost  of  the  benefits  under  the  provisions 
of  the  legislation  which 
into 
account  the  aggravation; 

it  administers  taking 

in  question, 

the  disease 

(b) 

(c) 

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 
into 
taking 
the  aggravation 
institution  of  the  second 
account.  The  competent 
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 
the 
been  due  prior 
legislation  which  it  administers 
in 
question  had  occurred  under  the  legislation  of  that 
Member  State; 

the  aggravation  under 

if  the  disease 

to 

from 

(b),  an 
if, 
in  the  case  covered  by  subparagraph 
from 
employed  or  self-employed  person  suffering 
sclerogenic  pneumoconiosis  or 
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 
the  amount  of  cash  benefits, 
difference  between 
competent 
including 
the 
institution  of 
aggravation 
the 
corresponding  benefits  which  were  due  prior  to  the 
aggravation; 

from 
the  first  Member  State,  taking 
into  account,  and  the  amount  of 

pensions, 

due 

the 

(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) 

(b) 

the  competent  institution  which  granted  the  benefits 
in  accordance  with  the  provisions  of  Article  57  (1) 
shall  be  bound 
the 
legislation  which  it  administers  taking  the  aggravation 
into  account; 

to  provide  benefits  under 

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, 
the 
aggravation,  and  the  amount  of  benefits  due  prior  to 
the  aggravation. 

taking  account  of 

Section  3 

Miscellaneous  provisions 

Article  61 

Rules for taking into account the special  features  of certain 
legislations 

1. 
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  iistitution  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. 

Where  the  legislation  of  a  Member  State  provides 
5. 
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 
the 
legislation  which  it  administers; 

previously  under 

confirmed 

and 

1408/71-31 

(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. 

CHAPTER 5 

DEATH GRANTS 

Article  64 

Article  62 

Scheme applicable where there are several  schemes in the 
country of stay or residence — Maximum duration of  benefits 

1. 
If  the  legislation  of  the  country  of  stay  or  residence 
has  several  insurance  schemes,  the  provisions  applicable  to 
employed  or self-employed  persons covered by 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  institutions 

Article  63 

The  competent 

to 
institution 
1. 
reimburse  the  amount  of  benefits  in  kind  provided  on  its 
behalf  in  accordance  with  the  provisions  of  Articles  52  and 
55(1). 

shall  be  obliged 

2. 
The  reimbursements  referred  to  in paragraph  1 shall 
be  determined  and  made  in  accordance  with  the  procedures 
I a 'VI 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 
the 
institutions  coming  under  their  jurisdiction. 

reimbursement  between 

Aggregation of  periods of insurance or residence 

The  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 65 

Right to grants where death occurs  in, or where the person 
entitled  resides  in, a Member State other than the competent 
State 

1.  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. 

The  competent  institution  shall  be  obliged  to  award 
2. 
death  grants  payable  under 
it 
administers,  even  if  the  person  entitled  resides  in  the 
territory  of  a Member  State  other  than  the competent  State. 

legislation  which 

the 

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 6(> 

Provision  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  kind 

In  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. 

1408/71-32 

The  provisions  of  the  preceding  paragraph  shall  apply  by 
analogy  to  the  members  of  the  family  of  a  pensioner. 

CHAPTER 6 

UNEMPLOYMENT BENEFITS 

Section  1 

Common  provisions 

Article  67 

Aggregation  of  periods  of insurance  or  employment 

1. 
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. 

The  competent  institution  of  a  Member  State  whose 
2. 
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 
length  of  periods  of 
may  be  granted  depends  on  the 
insurance  or  employment,  the  provisions  of  paragraph  1 or 
2  shall  apply,  as  appropriate. 

Article  68 

Calculation  of  benefits 

1. 
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. 

1408.. 

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  State 

Article  69 

Conditions  and  limits  for  the  retention  of  the  right  to  benefits 

An  employed  or  self-employed  person  who  is  wholly 
1. 
unemployed  and  who  satisfies 
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: 

the  conditions  of 

(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 
unemployed. 
However,  the  competent  services  or  institutions  may 
authorize  his  departure  before  such  time  has  expired. 

four  weeks 

becoming 

after 

(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 
In 
exceptional  cases,  this  period  may  be  extended  by  the 
competent  services  or  institutions. 

the  State  he 

services  of 

left. 

the  date  when 
to  be  available 
to 
the  State  which  he 

(c)  Entitlement  to  benefits  shall  continue  for  a  maximum 
the 
period  of  three  months  from 
the 
person  concerned  ceased 
employment  services  of 
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. 

The  provisions  of  paragraph  1 may  be  invoked  only 

3. 
once  between  two  periods  of  employment. 

(b) 

the 

Where 

4. 
an 
competent  State 
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. 

is  Belgium, 

in  accordance  with 

(ii)  A  frontier  worker  who  is  wholly  unemployed 
the 
shall  receive  benefits 
provisions  of  the  legislation  of  the  Member  State 
in  whose  territory  he  resides  as  though  he  had 
been 
last 
employed;  these  benefits  shall  be  provided  by  the 
institution  of  the  place  of  residence  at  its  own 
expense. 

legislation  while 

subject 

that 

to 

(i)  An  employed  person,  other 

than  a 

frontier 
worker,  who  is  partially,  intermittently  or  whollv 
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 
though  he  were 
legislation  of 
residing  in  its  territory;  these  benefits  shall  be 
provided  by  the  competent  institution. 

that  State  as 

Article  70 

Provision  of benefits  and  reimbursements 

1. 
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-employed  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 
State 

Article  71 

1. 
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 

in 

frontier  worker  who 

is 
or 
partially 
the  undertaking 
intermittently  unemployed 
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)  An  employed  person,  other 

in 

the 

than  a 

available 

for  work 

to 
territory  of 

frontier 
is  wholly  unemployed  and  who 
worker,  who 
the 
makes  himself 
the 
employment  services 
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 

(8) 

FAMILY  BENEFITS 

Article  72 

(8) 

Aggregation  of  periods  of  insurance,  employment  or 
self-employment 

Where  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. 

1408/71-34 

Article  72a 

(9)  (14) 

Employed  persons  who have  become  fully  unemployed 

An  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. 

Where  that 
institution  applies  legislation  providing  for 
deduction  of  contributions  payable  by  unemployed  persons 
to  cover  family  benefits,  it  shall  be  authorized  to  make  such 
deductions 
its 
legislation. 

in  accordance  with 

the  provisions  of 

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. 

Two or more Member States may agree, in  accordance 
3. 
with 
the  competent 
the  provisions  of  Article  8,  that 
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  73 

(8) 

Employed  or  self-employed  persons  the  members  of whose 
families  reside  in  a  Member  State  other  than  the  competent 
State 

An  employed  or  self-employed  person  subject 
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. 

to 

Article  74 

(8) 

Unemployed  persons  the  members  of whose  families  reside  in a 
Member  State  other  than  the  competent  State 

An  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 

(8) 

Provisions  of  benefits 

1. 
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  or  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. 

Article  76 

(8) 

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  family 

1.  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  Article  73 or  74, shall  be  suspended  up to the  amount 
provided  for  in  the  legislation  of  the  first  Member  State. 

If  an  application  for  benefits  is  not  made  in  the 
2. 
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 ORPHANS 

Article  77 

Dependent  children  of  pensioners 

1. 
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 
for 
accidents  at  work  and  occupational  diseases. 

insurance  schemes 

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) 

the 
to  a  pensioner  who  draws  a  pension  under 
legislation  of  one  Member  State  only,  in  accordance 
with  the  legislation  of  the  Member  State  responsible 
for  the  pension; 

1408/71-35 

(b) 

to  a  pensioner  who  draws  pensions  under 
legislation  of  more  than  one  Member  State: 

the 

(ii) 

(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 

into 

that, 

taking 

the  longest  period  of 

in  other  cases  in  accordance  with  the  legislation 
of  the  Member  State  to  which  the  deceased  had 
been  subject  for 
time, 
provided 
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 
legislation  of 
those  Member  States. 

the 

(ii) 

referred 

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 
in  paragraph  1  is 
acquired  under  such  legislation;  if  no  right  to 
is  acquired  under  that  legislation,  the 
benefit 
conditions  for  the  acquisition  of  such  right  under 
the 
the  other  Member  States 
concerned  shall  be  examined  in  decreasing  order 
insurance  or 
of 
legislation  of 
residence  completed  under 
those  Member  States. 

length  of  periods  of 
the 

legislations  of 

the 

to 

Article  78 

Orphans 

family 

The  term  'benefits',  for  the  purposes  of  this  Article, 
1. 
means 
appropriate, 
supplementary  or  special  allowances  for  orphans  and 
orphans'  pensions  except  those  granted  under  insurance 
schemes  for  accidents  at  work  and  occupational  diseases. 

and,  where 

allowances 

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) 

(b) 

the  orphan  of 

or 
for 
self-employed  person  who  was 
the 
legislation  of  one  Member  State  only  in  accordance 
with  the  legislation  of  that  State; 

employed 
to 

a  deceased 

subject 

the  orphan  of 

for 
self-employed 
legislation  of  several  Member  States: 

person  who  was 

a  deceased 

employed 
to 

subject 

or 
the 

(0 

the  orphan 

territory 
taking 

in  whose 
that, 

in  accordance  with  the  legislation  of  the  Member 
State 
resides 
provided 
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; 

into 

or 

1408/71 

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 

(7) 

Provisions  common  to benefits  for  dependent  children  of 
pensioners  and  for  orphans 

in  accordance  with 

Benefits,  within  the  meaning  of  Articles  77  and  78, 
1. 
shall  be  provided 
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. 

the 

However: 

(a) 

(b) 

that 

that 

legislation  provides 

if 
the  acquisition, 
retention  or  recovery  of  the  right  to  benefits  shall  be 
insurance, 
dependent  on  the  length  of  periods  of 
employment, 
such 
length  shall  be  determined  taking  into  account,  where 
appropriate,  the  provisions  of  Article  45  or,  as  the 
case  may  be,  Article  72; 

self-employment  or 

residence 

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 
these  benefits  shall  be 
calculated  on  the  basis  of  the  theoretical  amount 
determined 
the  provisions  of 
Article  46  (2). 

in  accordance  with 

the  amount  of 

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. 

ADMINISTRATIVE  COMMISSION  ON SOCIAL SECURITY FOR MIGRANT WORKERS 

TITLE  IV 

Article  80 

Composition  and working  methods 

There  shall  be  attached  to  the  Commission  of  the 
1. 
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 
the 
necessary,  by  expert  advisers.  A  representative  of 
Commission  of  the  European  Communities  shall  attend  the 
meetings  of  the  Admimstrative  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  Community  and  the  International  Labour 
Organization. 

The  rules  of  the  Administrative  Commission  shall  be 

3. 
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. 

(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  entkled 
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 
management 
techniques,  the  award  of  benefits,  in  particular  those 
due  under 
for 
invalidity,  old  age  and  death  (pensions); 

the  provisions  of 

this  Regulation 

administrative 

in 

Secretarial 

4. 
for 
Administrative  Commission  by  the  Commission  of 
European  Communities. 

shall  be  provided 

services 

Article  81 

Tasks  of  the  Administrative  Commission 

(c) 

the 
the 

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; 

The  Administrative  Commission  shall  have  the  following 
duties: 

(f) 

(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, 
the  authorities, 
to 
without  prejudice 
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; 

the  right  of 

(g) 

to  undertake  any  other  function  coming  within  its 
this  and  of 
competence  under 
subsequent  Regulations 
or 
arrangement  made  thereunder; 

the  provisions  of 

agreement 

any 

or 

to  submit  proposals 
the 
European  Community  for  working  out  subsequent 
Regulations 
this  and 
the 
subsequent  Regulations. 

the  Commission  of 

revision  of 

and 

for 

to 

ADVISORY COMMITTEE  ON  SOCIAL SECURITY FOR  MIGRANT  WORKERS 

TITLE  V 

Article  82 

(B) 

Establishment,  composition  and  working  methods 

(a) 

two  representatives  of  the  government,  of  whom  one 
at  least  must  be  a  member  of  the  Administrative 
Commission; 

An  Advisory  Committee  on  Social  Security  for 
'the  Advisory 
is  hereby  established,  with  90  members 

1. 
Migrant  Workers 
Committee') 
comprising,  from  each  Member  State: 

(hereinafter 

called 

(b) 

two  representatives  of  trade  unions; 

(c) 

two  representatives  of  employers'  organizations. 

1408/71-37 

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. 

The  Advisory  Committee  shall  be  chaired  by  a 
the  European 

4. 
representative  of 
Communities.  The  chairman  shall  not  vote. 

the  Commission  of 

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 
in  social  security  matters. 
with  extensive  experience 
Furthermore, 
technical 
receive 
assistance  from  the  International  Labour  Office  under  the 
same  conditions  as  the  Administrative  Commission,  under 
the terms of the agreement concluded between the  European 
Community  and  the  International  Labour  Organization. 

the  Committee 

shall 

The  opinions  and  proposals  of 

7. 
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 of the 
European  Communities. 

Secretarial  services shall be provided for  the Advisor)' 
the  European 

the  Commission  of 

S. 
Committee  by 
Communities. 

Article  83 

Tasks of the Advisory  Committee 

The Advisory Committee  shall be empowered, at the  request 
of  the  Commission  of  the  European  Communities,  of  the 
Administrative  Commission  or  on  its  own  initiative: 

5. 
The Advisor)' 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  mu<t  include 
concrete  proposals  concerning  the  agenda. 

U) 

(b) 

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: 

formulate  opinions  on 

to 
the 
Administrative  Commission  and  proposals  for  any 
revision  of  the  Regulations. 

subject 

the 

for 

TITLE  VI 

MISCELLANEOUS  PROVISIONS 

Article  84 

(7) 

Cooperation  between  competent  authorities 

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. 

The  competent  authorities  of  Member  States  shal 

1. 
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. 

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 
provisions  of 
Article  81 (b). 

appropriate 

the 

to 

?.. 

(a)  Where,  under  this  Regulation  or  under  the  im 
plementing  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  com 
munication  shall  be  subject  to  the  legal  provi 
sions  governing  protection  of  data  laid  down  by 
the  Member  State  providing  the  data. 

transmission  as  well  as 

the 
Any  subsequent 
storage,  alteration  and  destruction  of  the  data 
shall  be  subject 
the 
legislation  on  data  protection  of  the  receiving 
Member  State. 

the  provisions  of 

to 

1408/71-38 

(b)  The  use  of  personal  data  for  purposes  other  than 
those  of  social  security  shall  be  subject  to  the 
approval  of 
in 
accordance  with  the  other  guarantees  provided 
for  by  national  legislation. 

concerned  or 

the  person 

Article  85 

Exemptions  from  or  reductions  of taxes — Exemption  from 
authentication 

Any exemption from  or reduction of taxes, stamp duty, 
1. 
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 
whatsoever  required  to  be produced  for  the purposes  of  this 
Regulation 
from  authentication  by 
diplomatic  or  consular  authorities. 

shall  be  exempt 

Article  86 

(14) 

Claims, declarations  or  appeals  submitted  to an  authority, 
institution  or  tribunal  of a  Member  State  other  than  the 
competent  State 

the  same  period 

Any  claim,  declaration  or  appeal  which  should  have 
1. 
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 
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. 

2. 
Where  a person  entitled  to do so under  the  legislation 
of  a  Member  State  has  submitted  to  that  State  a  claim  for 
family  benefits  even  though  that  State  is  not  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 competent  authority,  institution or  tribunal, 
provided  that  a  new application  is submitted  in  the  Member 
State  which  is  competent  by  priority  right  by  a  person 
entitled  to  do  so  under  the  legislation  of  that  State.  The 
second  application  must  be  submitted  within  a period  of  one 
year  after  notification  of the  rejection  of  the  first  application 
or  the  cessation  of  payment  of  benefits  in  the  first  Member 
State. 

Article  87 

Medical  examinations 

1. 
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  88 

Transfers  from  one Member  State  to  another  of sums of money 
payable  pursuant  to this  Regulation 

Where  appropriate^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 
such 
transfers. 

the  measures  necessary  for  effecting 

Article  89 

Special  procedures  for  implementing  certain  legislations 

Special  procedures  for  implementing  the  legislations  of 
certain  Member  States  are  set  out  in  Annex  VI. 

Article  90 

(8) 

Article  91 

Contributions  chargeable  to employers  or  undertakings  not 
established  in  the competent  State 

An  employer  shall  not  be  bound 
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 MembeTState other  than 
the  competent  State. 

to  pay 

Article  92 

Collection  of  contributions 

to  an 

Contributions  payable 

1. 
institution  of  one 
Member  State  may  be  collected  in  the  territory  of  another 
the  administrative 
Member  State 
procedure  and with  the guarantees  and  privileges  applicable 
to 
the 
corresponding  institution  of  the  latter  State. 

the  collection  of  contributions  payable 

in  accordance  with 

to 

for 

The  procedure 

implementation  of 

the 
the 
2. 
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  procedures  may  also  cover 
procedures  for  enforcing  payment. 

1408/7l--.3O-

Article  93 

Rights of institutions responsible for benefits against liable third 
parties 

1. 
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  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 
administers, 
virtue  of 
subrogated 
the  recipient  has 
against  the  third  party,  such  subrogation  shall  be 
recognized  by  each  Member  State. 

the 
to  the  rights  which 

legislation  which 

it 

(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  PROVISIONS 

Article  94 

(7)  (8)  (11)  (12) 

Transitional  provisions  for  employed  persons 

1. 
No  right  shall  be  acquired  under  this  Regulation  in 
respect  of  a period  prior  to  1 October  1972 or to  the  date  of 
its  application 
the  Member  State 
concerned  or  in  a  part  of  the  territory  of  that  State. 

territory  of 

the 

in 

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 
the 
legislation  of any Member  State concerning  the  forfeiture  or 
limitation  of  rights  may  not  be  invoked  against  the  persons 
concerned. 

that  date,  and  the  provisions  of 

1408/71-40 

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,  tl e  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. 

The  family  allowances  received  by employed  persons 
9. 
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 

(6)  (12) 

Transitional  provisions  for  self-employed  persons 

1. 
No  right  shall  be  acquired  under  this  Regulation  in 
respect  of  a period  prior  to  1 July  1982 or  to  the  date  of  its 
implementation 
the  Member  State 
concerned  or  in  a  part  of  the  territory  of  that  State. 

territory  of 

in  the 

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 
this 
the  determination  of  rights  acquired  under 
for 
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. 

Any benefit which has not been awarded or which has 
4. 
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. 

The rights of a person to whom a pension was awarded 
5. 
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  bene "its  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 
the 
provisions  of the  legislation  of any Member  State  concerning 
the  forfeiture  or  limitation  of  rights  may  not  be  invoked 
against  the  persons  concerned. 

that  date,  and 

from 

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. 

the  date  of 

7. 
If  an  application  referred  to  in  paragraph  4  or  5  is 
submitted  after  the expiry of the two-year period  from  1 July 
this 
1982  or  following 
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. 

implementation  of 

1408/71-41 

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 

(11) 

Transitional  provisions  for  application  of Regulation  (EEC) No 
1248/92 (1) 

Under  Regulation  (EEC) No  1248/92 no right shall be 

1. 
acquired  for  a  period  prior  to  1 June  1992. 

All 

2. 
residence 
insurance  periods  or  periods  of 
completed  under  the  legislation  of  a Member  State  before  1 
June  1992  shall  be 
the 
determination  of  rights  to  benefits  pursuant  to  Regulation 
(EEC)  No  1248/92. 

into  consideration 

taken 

for 

Subject to paragraph  1, a right shall be acquired  under 
3. 
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. 

If  an  application  referred 

5. 
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. 

If  the  application  referred 

6. 
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  95b 

(14) 

Transitional  provisions  for  application  of Regulation  (EEC) No 
1247/92 (2) 

Regulation  (EEC)  No  1247/92  shall  not  provide  any 

1. 
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)  No  1247/92. 

3. 
Subject  to  paragraph  1,  a  right  shall  be  acquired 
pursuant  to  Regulation  (EEC)  No  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 
the  nationality  of 
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. 

the  person  concerned  shall,  on 

The  rights  of persons to whom  a pension was awarded 
5. 
prior  to  1 June  1992, may, on  the  application  of  the  persons 
concerned,  be  reviewed,  taking  account  of  the  provisions of 
Regulation  (EEC)  No  1247/92. 

If  an  application  referred  to  in  paragraph  4  or  5  is 
6. 
submitted  within  two  years  from  1  June  1992,  the  rights 
acquired  pursuant  to  Regulation  (EEC)  No  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. 

7. 
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. 

The  application  of  Article  1 of  Regulation  (EEC)  No 
8. 
1247/92  may  not  result  in  the  withdrawal  of  benefits  which 
are  awarded  before  1  June  1992  by 
the  competent 
institutions  of 
the  Member  States  under  Title  III  of 
Regulation  (EEC)  No  1408/71  to  which  Article  10  of  the 
latter  Regulation  is  applicable. 

9. 
The  application  of  Article  1 of  Regulation  (EEC)  No 
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  pr  which  has  been 
suspended  by  reason  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  1992,  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. 

the  residence  of 

(!)  O J N o L 1 3 6,  19. 5. 1992, p. 7. 
(2)  OJ  No L  136,  19. 5.  1992, p. 1. 

1408/71-4? 

11.  Where special non-contributory benefits as referred to 
in  Article  4  (2a)  of  Regulation  (EEC)  No  1408/71  may, 
during the same period and for the same person, be granted 
pursuant to Article 10a of that Regulation by the competent 
institution of the Member State in the territory of which that 
person is resident and pursuant to paragraphs 1 to 10 of this 
Article  by  the  competent  institution  of  another  Member 
State,  the  person  concerned  may  only  aggregate  those 
benefits  up to the limit of the highest amount of the special 
benefit  he  could  claim  under  one  of  the  legislations  in 
question. 

12.  The detailed rules of application of paragraph  11, and 
in  particular  the  application,  with  regard  to  the  benefits 
referred  to  in that paragraph,  of  the clauses for  reduction, 
suspension or abolition provided for under the legislation of 
one  or  more  Member  States  and  the  allocation  of  the 
differential  additional amounts shall be set by decision of the 
Administrative  Commission  on  Social  Security for  Migrant 
Workers and, where appropriate, by common  accord of the 
Member  States  concerned  or  their  competent  authorities. 

Article 96 

Agreements relating to reimbursement between institutions 

The  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 97 

Notification  pursuant to certain provisions 

1. 
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. 

Notifications 

2. 
the 
provisions of paragraph  1 shall  be published  in the  Official 
Journal of the European  Communities. 

in  accordance  with 

received 

Article 98 

Implementing Regulation 

A  further  Regulation  shall  lay  down  the  procedure  for 
implementing  this  Regulation. 

1408/71-43 

ANNEX  I 

(A)  (B)(8)  (9) (13)  (14)  (15) 

PERSONS  COVERED BY THE REGULATION 

Employed persons and/or self-employed  persons (Article  1 (a)  (ii) and  (iii) of  the  Regulation) 

A.  BELGIUM 

Does  not  apply. 

B.  DENMARK 

1.  Any  person  who,  from  the  fact  of  pursuing  an  activity  as  an  employed  person,  is  subject: 

(a) 

(b) 

to  the  legislation  on  accidents  at  work  and  occupational  diseases  for  the  period  prior  to 
1 September  1977; 

the 

legislation  on  supplementary  pensions  for  employed  persons 

to 
(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.  GERMANY 

If  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 
self-employed  persons, 

or 

in  respect  of,  an  old-age 

insurance  within  a  scheme 

for 

— 

to  join  a  scheme  within  the  framework  of  compulsory  pension  insurance. 

D. 

SPAIN 

Does  not  apply. 

E. 

FRANCE 

If  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. 

GREECE 

1. 

2. 

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. 

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. 

IRELAND 

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. 

1408/71-44 

2. 

Any  person  who  is  compulsorily  or  voluntarily  insured  pursuant  to  the  provisions  of  section  17A  of 
the  Social  Welfare  (Consolidation)  Act  1981  shall  be  considered  a  self-employed  person  within  the 
meaning  of  Article  1 (a)  (ii)  of  the  Regulation. 

H. 

ITALY 

-

Does  not  apply. 

I. 

LUXEMBOURG 

Does  not  apply. 

J.  NETHERLANDS 

Any  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.  AUSTRIA 

Does  not  apply. 

L. 

PORTUGAL 

Does  not  apply. 

M. 

FINLAND 

Any  person  who  is  an  employed  or  self-employed  person  within  the  meaning  of  the  legislation  on  the 
Employment  Pensions  Scheme  shall  be  considered  respectively  as  employed  or  self-employed  with  the 
meaning  of  Article  1 (a)  (ii)  of  the  Regulation. 

N. 

SWEDEN 

Any  person  who  is  an  employed  or  self-employed  person  within  the  meaning  of  the  legislation  on  work 
injury  insurance  shall  be  considered  respectively  as  employed  or  self-employed  within  the  meaning  of 
Article  1  (a)  (ii)  of  the  Regulation. 

O.  UNITED  KINGDOM 

Any  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. 

il.  Members  of the family  (Second  sentence  of Article  1 (f)  of the  Regulation) 

A. 

BELGIUM 

Does  not  apply. 

B. 

DENMARK 

For  the  purpose  of  determining  a  right  to  sickness  or  maternity  benefits  in  kind  existing  pursuant  to 
Articles  22  (1)  (a)  and  31  of  the  Regulation,  the  expression  'member  of  the  family'  shall  mean: 

1. 

2. 

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;  or 

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

C.  GERMANY 

Does  not  apply. 

D. 

SPAIN 

Does  not  apply. 

E. 

FRANCE 

The  term  'member  of  the  family'  means  any  person  mentioned  in  Article  L  512-3  of  the  Social  Security 
Code. 

1408/71  45 

F. 

GREECE 

Does  not  apply. 

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  to  1970. 

H. 

ITALY 

Does  not  apply. 

I. 

LUXEMBOURG 

Does  not  apply. 

J. 

NETHERLANDS 

Does  not  apply. 

K.  AUSTRIA 

Does  not  apply. 

L. 

PORTUGAL 

Does  not  apply. 

M. 

FINLAND 

For  the  purpose  of  determining  entitlement  to  benefits  in  kind  pursuant  to  the  provisions  of  Chapter  1 of 
Title  in  of  the  Regulation,  'member  of  the  family'  means  a  spouse  or  a  child  as  defined  by  the  Sickness 
Insurance  Act. 

N. 

SWEDEN 

For  the  purpose  of  determining  entitlement  to  benefits  in  kind  pursuant  to  the  provisions  of  Chapter  1 of 
Title  III  of  the  Regulation,  'member  of  the  family'  means  a  spouse  or  a  child  under  the  age  of  18. 

O.  UNITED  KINGDOM 

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

1.  As  regards  the  legislation  of  Great  Britain  and  Northern  Ireland: 

(1) 

a  spouse,  provided  that: 

(a) 

that  person,  whether  employed  or  self-employed,  or  another  person  entitled  under  the 
Regulation,  is: 

(i) 

residing  with  the  spouse;  or 

(ii) 

contributing  to  the  maintenance  of  the  spouse; 

and 

(b) 

the  spouse  does  not: 

(i) 

have  earnings  as  an  employed  or  self-employed  person  or  income  as  a  person 
entitled  under  the  Regulation;  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  employed  or  self-employed  person  or  person  entitled  under  the  Regulation  isT 

(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  an  employed  or  self-employed  worker  or  income  as  a  person 
entitled  under  the  Regulation;  or 

(ii) 

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

1408/71-46 

(3)  a  child  in  respect  of  whom  that  person,  the  employed  or  self-employed  person,  or  another 

person  entitled  under  the  Regulation  is or  could  be  paid  child  benefit. 

As regards  the  legislation  of  Gibraltar: 

any  person  regarded  as a  dependent  within  the  meaning  of  the  Group  Practice  Scheme  Ordinance, 
1973. 

1408/71-47 

ANNEXII 

(A)  (B) (8) ( 10) ( 15) 

(Article  1 (j)  and  (u) of  the  Regulation) 

Special  schemes  for  self-employed  persons  excluded  from  the  scope  of  the  Regulation  pursuant  to  the  fourth 
subparagraph  of Article 1 (j) 

A.  BELGIUM 

Does  not  apply. 

B.  DENMARK 

Does  not  apply. 

C.  GERMANY 

Insurance  and  welfare  institutions  (Versicherungs-  und  Versorgungswerke)  for  doctors,  dentists,  veterinary 
surgeons,  dispensing  chemists,  barristers  and  counsel,  patent  agents  (Patentamvalte),  notaries  public, 
auditors  (Wirtschaftsprufer),  tax  consultants  and  advisers  (Steuerbevollmàchtigte),  sea  pilots  (Seelotsen) 
and  architects,  set  up  pursuant  to  legislation  of  the  Lander,  and  other  insurance  and  welfare  institutions, 
in  particular  welfare 
(erweiterte 
Honorarverteilung). 

the  system  for  extending  fee-sharing 

(Fiirsorgeeinrichtungen)  and 

D. 

SPAIN 

1. 

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  or  the  Genera! 
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. 

FRANCE 

1. 

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  mentiorted  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  No  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. 

GREECE 

Does  not  apply. 

G. 

IRELAND 

Does  not  apply. 

H. 

ITALY 

Does  not  apply. 

I. 

LUXEMBOURG 

Does  not  apply. 

J. 

NETHERLANDS 

Does  not  apply. 

1408/71-48 

K.  AUSTRIA 

Insurance  and  welfare  institutions  (Versicherungs-  und  Versorgungswerke),  "welfare  in  particular  funds' 
(Fursorgeeinrichtungen)  and  the  system  for  extending  fee-sharing  (erweilerte  Honorarvertcilung)  for 
doctors, veterinary  surgeons,  barristers  and  counsel,  and  civil  engineers  (Ziviltechniker). 

L. 

PORTUGAL 

Does  not  apply. 

M. 

FINLAND 

Does  not  apply. 

N. 

SWEDEN 

Does  not  apply. 

O.  UNITED  KINGDOM 

Does  not  apply. 

II. 

Special  childbirth  or  adoption  allowances  excluded  from  the  scope  of  the  Regulation  under  the  terras  of 
Article 1 (u)  (i) 

-

A. 

BELGIUM 

(a)  Childbirth  allowance; 

(b)  Adoption  premium. 

B.  DENMARK 

None. 

C.  GERMANY 

None. 

D. 

SPAIN 

None. 

E. 

FRANCE 

(a)  Allowance  for  young  children  up  to  the  age  of  three  months; 

(b)  Adoption  allowance. 

F. 

GREECE 

None. 

G. 

IRELAND 

None. 

H. 

ITALY 

None. 

I. 

LUXEMBOURG 

(a) 

antenatal  allowance; 

(b) 

childbirth  allowance. 

J. 

NETHERLANDS 

None. 

K.  AUSTRIA 

The  general  part  of  the  childbirth  allowance. 

L. 

PORTUGAL 

None. 

M. 

FINLAND 

The  maternity  package  or  the  maternity  lump-sum  grant  pursuant  to  the  Maternity  Grant  Act. 

1408/71  49 

N. 

SWEDEN 

None. 

0.  UNITED  KINGDOM 

None. 

III.  Special  non-contributory  benefits  within  the  meaning  of  Article  4  (2b)  which  do  not  fall  within  the  scope  of  the 

Regulation 

A. 

BELGIUM 

None. 

B.  DENMARK 

None. 

C.  GERMANY 

(a)  Benefits  granted  under  Lander  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. 

SPAIN 

None. 

E. 

FRANCE 

None. 

F. 

GREECE 

None. 

G. 

IRELAND 

None. 

H. 

ITALY 

None. 

1. 

LUXEMBOURG 

None. 

J. 

NETHERLANDS 

None. 

K.  AUSTRIA 

Benefits  granted  under  Bundeslcinder  legislation  for  disabled  persons  and  persons  in  need  of  care. 

L. 

PORTUGAL 

None. 

M. 

FINLAND 

None. 

N. 

SWEDEN 

None. 

O.  UNITED  KINGDOM 

None. 

1408/71 -50 

ANNEX  lia 

(B) (10)  (12) (13) (14)  (15) 

Special  non-contributory  benefits 

(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.  DENMARK 

(a)  The  flat-rate  rehabilitation  benefit  awarded  under  the  Law  on  Social  Welfare  for  the  maintenance  of 

persons  receiving  rehabilitation  treatment. 

(b)  Accommodation  expenses  for  pensioners  (Law  on  individual  accommodation  assistance,  consolidated  by 

Law  No  204  of  29  March  1995). 

C.  GERMANY 

None. 

D. 

SPAIN 

(a)  Benefits  under  the  Law  on  the  social  integration  of  disabled  persons  (Law  No  13/82  of  7  April  1982). 

(b)  Cash  benefits  to  assist  the  elderly  and  invalids  unable  to  work  (Roval  Decree  No  2620/81  of  24  July 

1981). 

(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  No  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 

the 
G4B/F.422/oik.22()5). 

for 

deaf 

and 

dumb 

(Exceptional 

law  421/37; 

common  ministerial 

order 

(f)  Allowance 

for 

seriously 

disabled 

persons 

(Decree-law 

162/73; 

common  ministerial 

order 

G4a/F.225//oik.l61). 

(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/F.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). 

1408/71-51 

(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). 

(1)  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  218  of  4  April  1952.  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)  Special  severe  disablement  allowance  (Law  of  16 April  1979). 

(b)  Maternity  allowance  (Law  of  30  April  1980). 

J. 

NETHERLANDS 

None. 

K.  AUSTRIA 

(a)  Compensatory  supplement  (Federal  Act  of  9  September  1955  on  General  Social  Insurance  —  ASVG, 
Federal  Act  of  11  October  1978  on  Social  Insurance  for  Persons  engaged  in  Trade  and  Commerce  — 
GSVG  and  Federal  Act  of  11  October  1978  on  Social  Insurance  for  Farmers  —  BSVG). 

(b)  Care  allowance  (Pflegegeld)  under  the  Austrian  Federal  Care  Allowance  Act  (Bundespflegegeldgesetz) 
with  the  exception  of  care  allowance  granted  by  accident  insurance  institutions  where  the  handicap  is 
caused  by  an  accident  at  work  or  occupational  disease. 

L. 

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  II  November  1981). 

1408/71-52 

M. 

FINLAND 

(a)  Child-care  allowance  (Child-Care  Allowance  Act,  444/69). 

(b)  Disability  allowance  (Disability  Allowance  Act,  124/88). 

(c)  Housing  allowance  for  pensioners  (Act  concerning  the  Housing  Allowance  for  Pensioners,  591/78). 

(d)  Basic  unemployment  allowance  (Unemployment  Allowance  Act,  602/84)  in  cases  where  a  person  does  not 

fulfil  the  corresponding  conditions  for  the  earnings-related  unemployment  allowance. 

N. 

SWEDEN 

(a)  Municipal  Housing  Supplements  to  basic  pensions  (Law  1962: 392  reprinted  1976:  1014). 

(b)  Handicap  allowances  which  are  not  paid  to  a  person  receiving  a  pension  (Law  1962:  381  reprinted  1982: 

120). 

(c)  Care  allowances  for  handicapped  children  (Law  1962:  381  reprinted  1982:  120). 

O.  UNITED  KINGDOM 

(a) 

. .. 

(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  24). 

(f)  Disability  living  allowance  (Disability  Living  Allowance  and  Disability  Working  Allowance  Act  1991  of  27 
June  1991,  Section  1  and  Disabilitv  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). 

(h) 

Income-based  allowances  for  jobscekers  (Jobseekers  Act  1995,  28 June  1995,  Sections  I  (2)  (d)  (ii)  and  3. 
and  Jobseekers  (Northern  Ireland)  Order  1995.  18 October  1995, .Articles  3  (2)  (d)  (ii)  and  5). 

1408/71-53 

ANNEX  111  (A) (B)(6)  (7) (12) (14) (15) 

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. 

2. 

In  so  far  as  the  provisioas  contained  in  this  Annex  provide  for  references 
conventions, 
those  references  shall  be  replaced  by  references 
Regulation,  unless  the  provisions  of  the  conventions  in  question  are  themselves  contained  in  this  Annex. 

to  the  provisions  of  other 
this 

to  the  corresponding  provisions  of 

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-DENMARK 

No  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  I960  (payment  of  pensions  for  the  period  pie-
ceding  the  entry  into  force  of  the  General  Convention). 

3.  BELGIUM-SPAIN 

None. 

4.  BELGIUM-FRANCE 

(a)  Articles  13,  16  and  23  of  the  Complementary  Agreement  ot  17 January  I ^N 

IO  the  General  Con 

vention  of  that  date  (workers  in  mines  and  similar  undertakings). 

(b)  The  exchange  of  letters  of  27  February  1^53 (application  ot  Aiticle  -  (2)  ot  the  General  Convent;.);, 

of  17  January  1948'!. 

(c) 

The  exchange  of  letters  of  29  July  1953 on  nilowaiiLCs  U>  elderly  employed  persons. 

5.  BELGIUM-GREECE 

Articles  15  (2),  35  (2)  and  37  of  Ihe  General  Convention  of  1 April  1958. 

ft.  BELGIUM-IRELAND 

No  convention. 

7.  BELGIUM-ITALY 

Article  29  of  the  Convention  of  30  April  1948. 

8.  BELGIUM-LUXEMBOURG 

Articles  2  and  4  of  the  Agreement  of  27  October  1971  (Overseas  social  insurance). 

9.  BELGIUM-NETHERLANDS 

Articles  2  and  4 of  the  Agreement  of  4  February  1969  (Overseas  occupation). 

10.  BELGIUM-AUSTRIA 

(a)  Article  4  of  the  Convention  on  social-security  of  4  April  1977  as  regards  persons  residing  in  a  third 

State. 

(b)  Point  III  of  the  Final  Protocol  to  ihe  said  Convention  as  regards  persons  residing  in  a  third  State. 

1408/71-54 

11.  BELGIUM-PORTUGAL 

Articles  1  and  5  of  the  Convention  of  13  January  1965  (Social  insurance  for  employees  in  the  Belgian 
Congo  and  Rwanda-Urundi),  in  the  wording  contained  in  the  Agreement  concluded  by  an  exchange  of 
letters  dated  18 June  1982. 

12.  BELGIUM-FINLAND 

No  convention. 

13.  BELGIUM-SWEDEN 

No  convention. 

14.  BELGIUM-UNITED  KINGDOM 

None. 

15.  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. 

16.  DENMARK-SPAIN 

No  convention. 

17.  DENMARK-FRANCE 

None. 

18.  DENMARK-GREECE 

No  convention. 

19.  DENMARK-IRELAND 

No  convention. 

20.  DENMARK-ITALY 

No  convention. 

21.  DENMARK-LUXEMBOURG 

No  convention. 

22.  DENMARK-NETHERLANDS 

No  convention. 

23.  DENMARK-AUSTRIA 

(a)  Article  4  of  the  Convention  on  social  security  of  16 June  1987  as  regards  persons  residing  in  a  third 

State. 

(b)  Point  I  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

24.  DENMARK-PORTUGAL 

No  convention. 

25.  DENMARK-FINLAND 

Article  10  of  the  Nordic  Convention  on  social  security  of  15 June  1992. 

26.  DENMARK-SWEDEN 

Article  10  of  the  Nordic  Convention  on  social  security  of  15 June  1992. 

27.  DENMARK-UNITED  KINGDOM 

None. 

2H.  GERMANY-SPAIN 

Articles  4  (1)  and  45  (2)  of  the  Social  Security  Convention  of  4  December  1973. 

1408/71-55 

29.  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). 

30.  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. 

(c)  Protocol  of  7  October  1991  in  conjunction  with  the  Agreement  of  6  July  1984  between  the  Govern 
ment  of  the  German  Democratic  Republic  and  the  Government  of  the  Hellenic  Republic  on  the 
settlement  of  problems  relating  to  pensions. 

31.  GERMANY-IRELAND 

No  convention. 

32.  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  entiy  into  force  of  the  Convention). 

33.  GERMANY-LUXEMBOURG 

Articles  4,  5,  6  and  7  of  the  Treaty  of  11 July  1959  (Ausgleichsvertrag)  (settlement  of  the  dispute  between 
Germany  and  Luxembourg). 

34.  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  iasurance  scheme  by  Dutch 
workers  between  13  May  1940  and  1 September  1945). 

35.  GERMANY-AUSTRIA 

(a)  Article  41  of  the  Convention  on  social  security  of  22  December  1966  as  amended  by  Complemen 
tary  Conventions  No  1 of  10 April  1969,  No  2 of  29  March  1974  and  No  3  of  29  August  1980. 

(b)  Paragraphs  3  (c),  3  (d),  17,  20  (a)  and  21  of  the  Final  Protocol  to  the  said  Convention. 

(c)  Article  3  of  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

(d)  Paragraph  3  (g)  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third 

State. 

(e)  Article  4  (1)  of  the  Convention  as  regards  the  German  legislation,  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  terri 
tory  of  the  Federal  Republic  of  Germany,  in  cases  in  which: 

(i) 

the  benefit  has  already  been  paid  or  is  payable  on  1 January  1994; 

(ii) 

the  beneficiary  has  established  his  habitual  residence  in  Austria  before  1 January  1994  and  the 
payment  of  pensions  due  under 
insurance  begins  prior  to  31 
December  1994; 

the  pension  and  accident 

this  shall  also  apply  to  periods  during  which  another  pension,  including  a  survivor's  pension  was 
collected,  replacing  the  initial  one,  where  the  periods  of  collection  follow  each  other  without 
interruption. 

1408/71-56 

(0 

Paragraph  19  (b)  af  the  Final  Protocol  to  the  said  Convention.  In  applying  Number  3  (c)  of  this 
provision  the  amount  taken  into  account  by  the  competent  institution  shall  not  exceed  the  amount, 
which  is  due  in  respect  of  the  corresponding  periods  to  be  remunerated  by  this  institution. 

(g)  Article  2  of  Complementary  Convention  No  1 of  10 April  1969  to  the  said  Convention. 

(h)  Articles  1 (5)  and  8  of  the  Convention  on  unemployment  insurance  of  19 July  1978. 

(i)  Paragraph  10 of  the  Final  Protocol  to  the  said  Convention. 

36.  GERMANY-PORTUGAL 

Article  5  (2)  of  the  Convention  of  6  November  1964. 

37.  GERMANY-FINLAND 

(a)  Article  4  of  the  Convention  on  social  security  of  23  April  1979. 

(b)  Point  9  (a)  of  the  Final  Protocol  to  the  said  Convention. 

38.  GERMANY-SWEDEN 

(a)  Article  4  (2)  of  the  Convention  on  social  security  of  27  February  1976. 

(b)  Point  8  (a)  of  the  Final  Protocol  to  the  said  Convention. 

39.  GERMANY-UNITED  KINGDOM 

(a)  Articles  3  (1)  and  (6)  and  7  (2)  to  (6)  of  the  Convention  on  social  sec  city  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)  :o  (6)  of  the  Convention  on  unemployment  insurance  of  20  April  1960. 

•0.  S PAIN-FRAN  Œ 

-i  M'AIN-UREECE 

No  convention 

-I.  SPAIN-IRELAND 

No  convention, 

•i' 

SPAIN-ITALY 

•'-.nicies  5.  18 vl)  (e)  and  23  ot  the  Coiv>cnf;oi.  on  social  security  oî  30  October  19""V. 

44 

SPAIN-LUXEMBOURG 

(a)  Article  *" (2)  of  the  Convention  of  S  May  l'%9. 

(h)  Article  1 of  the  Administrative  Arrangement  of  27  June  1975  for  the  application  of  the  Convention 

of  S  May  1969  to  self-employed  persons. 

45.  SPAIN-NETHERLANDS 

~~ 

Article  23  (2)  of  the  Convention  on  social  security  of  5  February  1974. 

46.  SPAIN-AUSTRIA 

(a)  Article  4  of  the  Convention  on  social  .security  of  6  November  1981  as  regards  persons  residing  in  a 

third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

47. 

SPAIN-PORTUGAL 

Articles  4  (2),  16 (2)  and  22  of  the  General  Convention  of  II  June  1%('. 

48.  SPAIN-FINLAND 

Article  5  (2)  of  the  Convention  on  social  security  of  19  December  1985. 

49.  SPAIN-SWEDEN 

Articles  5  (2)  and  16  of  the  Convention  on  social  security  of  4  February  1983. 

1408/71-57 

50.  SPAIN-UNITED  KINGDOM 

None. 

51. 

FRANCE-GREECE 

Articles  16  (fourth  subparagraph)  and  30 of  the  General  Convention  of  19 April  1958. 

52. 

FRANCE-IRELAND 

No  convention. 

53.  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  agri 

culture). 

54. 

FRANCE-LUXEMBOURG 

Articles  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). 

55. 

FRANCE-NETHERLANDS 

Article  11  of  the  Complementary  Agreement  of  1  June  1954  to  the  General  Convention  of  7  January 
1950  (workers  in  mines  and  similar  undertakings). 

56.  FRANCE-AUSTRIA 

None. 

57. 

FRANCE-PORTUGAL 

None. 

58. 

FRANCE-FINLAND 

None. 

59.  FRANCE-SWEDEN 

None. 

60.  FRANCE-UNITED  KINGDOM 

The  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  Con 
vention  of  2  March  1948. 

61.  GREECE-IRELAND 

No  convention. 

62.  GREECE-ITALY 

No  convention. 

63.  GREECE-LUXEMBOURG 

No  convention. 

64.  GREECE-NETHERLANDS 

Article  4  (2)  of  the  General  Convention  of  13  September  1966. 

65.  GREECE-AUSTRIA 

(a)  Article  4  of  the  Convention  on  social  security  of  14 December  1979  as  amended  by  the  Complemen 

tary  Convention  of  21  May  1986  as  regards  persons  residing  in  a  third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

66.  GREECE-PORTUGAL 

No  convention. 

67.  GREECE-FINLAND 

Articles  5  (2)  and  21  of  the  Convention  on  social  security  of  21  March  1988. 

1408/71-58 

68.  GREECE-SWEDEN 

Articles  5  (2)  and  23 of  the  Convention  on  social  security  of  5  May  1978  as  amended  by  the  Complemen 
tary  Convention  of  14  September  1984. 

69.  GREECE-UNITED  KINGDOM 

No  convention. 

70. 

IRELAND-ITALY 

No  convention. 

71. 

IRELAND-LUXEMBOURG 

No  convention. 

72. 

IRELAND-NETHERLANDS 

No  convention. 

73. 

IRELAND-AUSTRIA 

Article  4  of  the  Convention  on  social  security  of  30  September  1988  as  regards  persons  residing  in  a  third 
State. 

74. 

IRELAND-PORTUGAL 

No  convention. 

75. 

IRELAND-FINLAND 

No  convention. 

76. 

IRELAND-SWEDEN 

No  convention. 

77. 

IRELAND-UNITED  KINGDOM 

Article  8  of  the  Agreement  of  14  September  1971  on  social  security. 

78. 

ITALY-LUXEMBOURG 

Articles  18  (2)  and  24  of  the  General  Convention  of  29  May  1951. 

79. 

ITALY-NETHERLANDS 

Article  21  (2)  of  the  General  Convention  of  28  October  1952. 

80. 

ITALY-AUSTRIA 

(a)  Articles  5  (3)  and  9  (2)  of  the  Convention  on  social  security  of  21  January  1981. 

(b)  Article  4  of  the  said  Convention  and  paragraph  2  of  the  Final  Protocol  to  the  said  Convention  as 

regards  persons  residing  in  a  third  State. 

81. 

ITALY-PORTUGAL 

No  convention. 

82. 

ITALY-FINLAND 

No  convention. 

83. 

ITALY-SWEDEN 

Article  20  of  the  Convention  on  social  security  of  25  September  1979. 

84. 

ITALY-UNITED  KINGDOM 

None. 

85.  LUXEMBOURG-NETHERLANDS 

None. 

86.  LUXEMBOURG-AUSTRIA 

(a)  Article  5  (2)  of  the  Convention  on  social  security  of  21  December  1971  as  amended  by  Complemen 

tary  Conventions  No  1 of  16  May  1973  and  No 2  of  9  October  1978. 

(b)  Article  3  (2)  of  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

(c)  Point  III  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

1408/71-59 

87.  LUXEMBOURG-PORTUGAL 

Article  3  (2)  of  the  Convention  of  12 February  1965. 

88.  LUXEMBOURG-FINLAND 

Article  5  (2)  of  the  Convention  on  social  security  of  15  September  1988. 

89.  LUXEMBOURG-SWEDEN 

(a)  Articles  4  and  29  (1)  of  the  Convention  on  social  security  of  21  February  1985  as  regards  persons 

residing  in  a  third  State. 

(b)  Article  30  of  the  said  Convention. 

90.  LUXEMBOURG-UNITED  KINGDOM 

None. 

91.  NETHERLANDS-AUSTRIA 

(a)  Article  3  of  the  Convention  on  social  security  of  7  March  1974  as  amended  by  the  Complementary 

Convention  of  5  November  1980  as  regards  persons  residing  in  a  third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

92.  NETHERLANDS-PORTUGAL 

Articles  5  (2)  and  31  of  the  Convention  of  19 July  1979. 

93.  NETHERLANDS-FINLAND 

No  convention. 

94.  NETHERLANDS-SWEDEN 

Articles  4  and  24  (3)  of  the  Convention  on  social  security  of  2 July  1976  as  regards  persons  residing  in  a 
third  State. 

95.  NETHERLANDS-UNITED  KINGDOM 

None. 

96.  AUSTRIA-PORTUGAL 

None. 

97.  AUSTRIA-FINLAND 

(a)  Article  4  of  the  Convention  on  social  security  of  11  December  1985  as  amended  by  the  Complemen 

tary  Convention  of  9  March  1993  as  regards  persons  residing  in  a  third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

98.  AUSTRIA-SWEDEN 

(a)  Articles  4  and  24  (1)  of  the  Convention  on  social  security  of  11  November  1975  as  amended  by  the 
Complementary  Convention  of  21  October  1982  as  regards  persons  residing  in  a  third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

99.  AUSTRIA-UNITED  KINGDOM 

(a)  Article  3  of  the  Convention  on  social  security  of  22  July  1980  as  amended  by  Complementary  Con 
ventions  No  1  of  9  December  1985  and  No 2  of  13  October  1992  as  regards  persons  residing  in  a 
third  State. 

(b)  Protocol  concerning  benefits  in  kind  to  the  said  Convention  with  the  exception  of  Article  2  (3)  as 

regards  persons  who  cannot  claim  treatment  under  Chapter  1 of  Title  III  of  the  Regulation. 

100.  PORTUGAL-FINLAND 

No  convention. 

101.  PORTUGAL-SWEDEN 

Article  6  of  the  Convention  on  social  security  of  25  October  1978. 

1408/71-60 

102.  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  acces 
sion  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. 

103.  FINLAND-SWEDEN 

Article  10  of  the  Nordic  Convention  on  social  security  of  15 June  1992. 

104.  FINLAND-UNITED  KINGDOM 

None. 

105.  SWEDEN-UNITED  KINGDOM 

Article  4  (3)  of  the  Convention  on  social  security  of  29  June  1987. 

Provisions of Conventions which do not apply to all  persons to whom the Regulation  applies 

(Article  3 (3) of  the  Regulation) 

1.  BELGIUM-DENMARK 

No  convention. 

2. 

3.  BELGIUM-SPAIN 

None. 

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-GREECE 

None. 

6.  BELGIUM-IRELAND 

None. 

7.  BELGIUM-ITALY 

None. 

8.  BELGIUM-LUXEMBOURG 

Articles  2  and  4  of  the  Agreement  of  27  October  1971  (overseas  social  security). 

9.  BELGIUM-NETHERLANDS 

Articles  2  and  4  of  the  Agreement  of  4  Februaiy  1969  (overseas  occupation). 

10.  BELGIUM-AUSTRIA 

(a)  Article  4  of  the  Convention  on  social  security  of  4  April  1977  as  regards  persons  residing  in  a  third 

State. 

(b)  Point  III  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

11.  BELGIUM-PORTUGAL 

Articles  1  and  5  of  the  Convention  of  13  January  1965  (social  security  for  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi)  in  the  wording  that  appears  in  the  Agreement  concluded  by  exchange  of 
letters  dated  18  June  1982. 

12.  BELGIUM-FINLAND 

No  convention. 

13.  BELGIUM-SWEDEN 

No  convention. 

1408/71-61 

14.  BELGIUM-UNITED  KINGDOM 

None. 

15.  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. 

16.  DENMARK-SPAIN 

No  convention. 

17.  DENMARK-FRANCE 

None. 

18.  DENMARK-GREECE 

No  convention. 

19.  DENMARK-IRELAND 

No  convention. 

20.  DENMARK-ITALY 

No  convention. 

21.  DENMARK-LUXEMBOURG 

No  convention. 

22.  DENMARK-NETHERLANDS 

No  convention. 

23.  DENMARK-AUSTRIA 

(a)  Article  4  of  the  Convention  on  social  security  of  16 June  1987  as  regards  persons  residing  in  a  third 

State. 

(b)  Point  I  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

24.  DENMARK-PORTUGAL 

No  convention. 

25.  DENMARK-FINLAND 

None. 

26.  DENMARK-SWEDEN 

None. 

27.  DENMARK-UNITED  KINGDOM 

None. 

28.  GERMANY-SPAIN 

Article  4  (1)  and  45  (2)  of  the  Social  Security  Convention  of  4  December  1973. 

29.  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). 

1408/71-62 

30.  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. 

31.  GERMANY-IRELAND 

No  convention. 

32.  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). 

33.  GERMANY-LUXEMBOURG 

Articles  4,  5,  6  and  7  of  the  Treaty  of  11  July  1959  (settlement  of  the  dispute  between  Germany  and 
Luxembourg). 

34.  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). 

35.  GERMANY-AUSTRIA 

(ai  Article  41  of  the  Convention  on  social  security  of  22  December  1966  as  amended  by  Complemen 
tary  Conventions  No  1 of  10 April  1969,  No  2 of  29  March  1974  and  No  3  of  29  August  1980. 

(b)  Paragraph  20  (a)  of  the  Final  Protocol  u  the  said  Convention. 

(c)  Article  3  of  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

(ci)  Paiagraph  3  (g)  of  the  Final  Protocol  to  the  said  Convention. 

ic)  Article  4  (1)  of  the  Convention  as  regards  the  German  legislation,  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 .terri 
tory  of  the  Federal  Republic  of  Germany,  in  cases  in  which: 

(\) 

ihe  benefit  has  already  been  paid  or  is  payable  on  1 January  1994; 

(ii) 

the  beneficiary  has  established  his  habitual  residence  in  Austria  before  1 January  1994  and  the 
pavment  of  pensions  due  under 
to  31 
December  1994; 

the  pension  and  accident 

insurance  becins  prior 

this  shall  also  apply- to  periods  during  which  another  pension,  including  a  survivor's  pension  was 
collected,  replacing  the  initial  one,  when  the  periods  of  collection  follow  each  other  without 
interruption. 

(f) 

Paragraph  19  (b)  of  the  Final  Protocol  to  the  said  Convention.  In  applying  Number  3  (cj  of  this 
provision  the  amount  taken  into  account  by  the  competent  institution  shall  not  exceed  the  amount 
which  is  due  in  respect  of  the  corresponding  periods  to  be  remunerated  by  this  institution. 

36.  GERMANY-PORTUGAL 

Article  5  (2)  of  the  Convention  of  6  November  1964. 

37.  GERMANY-FINLAND 

Article  4  of  the  Convention  on  social  security  of  23  April  1979. 

38.  GERMANY-SWEDEN 

Article  4  (2)  of  the  Convention  on  social  security  of  27  February  1976. 

39.  GERMANY-UNITED  KINGDOM 

(a)  Articles  3  (I)  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  I960. 

(c)  Articles  2  (5)  and  5  (2)  to  (6)  of  the  Convention  on  unemployment  insurance  of  20  April  1960. 

1408/71-63 

40.  SPAIN-FRANCE 

None. 

4L  SPAIN-GREECE 

No  convention. 

42.  SPAIN-IRELAND 

No  convention. 

43.  SPAIN-ITALY 

Articles  5,  18  (1)  (c)  and  23  of  the  Convention  on  Social  Security  of  30  October  1979. 

44.  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. 

45. 

SPAIN-NETHERLANDS 

Article  23  (2)  of  the  Convention  on  Social  Security  of  5  February  1974. 

46.  SPAIN-AUSTRIA 

(a)  Article  4  of  the  Convention  on  social  security  of  6  November  1981  as  regards  persons  residing  n  a 

third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State.-

47.  SPAIN-PORTUGAL 

Articles  4  (2).  16  (2)  and  22  of  live  General  Con\en.lion  of  ' i  June  196'-*. 

48.  SPAIN-FLNIAND 

Article  5  (2)  of  the  Convention  ou  W MI  >cturity  oi  V)  December  i''S5. 

49.  SPAIN  SWEDEN 

Articles  5  (2)  and  16  of  the  Convention  on  social  sccuritv  ot  2'.'  Jur.e  I'-'N?. 

50.  SPAIN-UNITED  KINGDOM 

None. 

51.  FRANCE-GREECE 

. 

None. 

52. 

FRANCE-IRELAND 

No  convention. 

53.  FRANCE-ITALY 

Articles  20  and  24  of  the  General  Convention  of  31  March  1948. 

— 

54. 

FRANCE-LUXEMBOURG 

None. 

55.  FRANCE-NETHERI.ANDS 

None. 

56. 

FRANCE-AUSTRIA 

None. 

57.  FRANCE-PORTUGA1 

None. 

58.  FRANCE-FINLAND 

No  convention. 

1408/71-64 

59. 

FRANCE-SWEDEN 

None. 

60.  FRANCE-UNITED  KINGDOM 

The  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  Con 
vention  of  2  March  1948. 

61.  GREECE-IRELAND 

No  convention. 

62.  GREECE-ITALY 

No  convention. 

63.  GREECE-LUXEMBOURG 

No  convention. 

64.  GREECE-NETHERLANDS 

None. 

65.  GREECE-AUSTRIA 

(a)  Article  4  of  the  Convention  on  social  security  of  14  December  1979  as  amended  by  the  Complemen 

tary  Convention  of  21  May  1986  as  regards  persons  residing  in  a  third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

66.  GREECE-PORTUGAL 

No  convention. 

67.  GREECE-FINLAND 

Article  5  (2)  of  the  Convention  on  social  security  of  11  March  1988. 

68.  GREECE-SWEDEN 

Article  5  (2)  of  the  Convention  on  social  security  of  5  May  1978  as  amended  by  the  Complementary 
Convention  of  14  September  1984. 

69.  GREECE-UNITED  KINGDOM 

No  convention. 

70. 

IRELAND-ITALY 

No  convention. 

71. 

IRELAND-LUXEMBOURG 

No  convention. 

72. 

IRELAND-NETHERLANDS 

No  convention. 

73. 

IRELAND-AUSTRIA 

Article  4  of  the  Convention  on  social  security  of  30  September  1988  as  regards  persons  residing  in  a  third 
State. 

74. 

IRELAND-PORTUGAL 

No  convention. 

75. 

IRELAND-FINLAND 

No  convention. 

76. 

IRELAND-SWEDEN 

No  convention. 

77. 

IRELAND-UNITED  KINGDOM 

None. 

1408/71-65 

78. 

ITALY-LUXEMBOURG 

None. 

79. 

ITALY-NETHERLANDS 

None. 

80. 

ITALY-AUSTRIA 

(a)  Articles  5  (3)  and  9  (2)  of  the  Convention  on  social  security  of  21  January  1981. 

(b)  Article  4  of  the  said  Convention  and  paragraph  2  of  the  Final  Protocol  to  the  said  Convention  as 

regards  persons  residing  in  a  third  State. 

81. 

ITALY-PORTUGAL 

No  convention. 

82. 

ITALY-FINLAND 

No  convention. 

83. 

ITALY-SWEDEN 

Article  20  of  the  Convention  on  social  security  of  25  September  1979. 

84. 

ITALY-UNITED  KINGDOM 

None. 

85. 

LUXEMBOURG-NETHERLANDS 

None. 

86.  LUXEMBOURG-AUSTRIA 

(a)  Article  5  (2)  of  the  Convention  on  social  security  of  21  December  1971  as  amended  by  Complemen 

tary  Conventions  No  1 of  16  May  1973  and  No 2  of  9  October  1978. 

(b)  Article  3  (2)  of  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

(c)  Point  HI  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

87.  LUXEMBOURG-PORTUGAL 

Article  3  (2)  of  the  Convention  of  12 February  1965. 

88.  LUXEMBOURG-FINLAND 

Article  5  (2)  of  the  Convention  on  social  security  of  15 September  1988. 

89.  LUXEMBOURG-SWEDEN 

Articles  4  and  29  (1)  of  the  Convention  on  social  security  of  21  February  1985  as  regards  persons 
residing  in  a  third  State. 

90.  LUXEMBOURG-UNITED  KINGDOM 

None. 

91.  NETHERLANDS AUSTRIA 

(a)  Article  3  of  the  Convention  on  social  security  of  7  March  1974  as  amended  by  the  Complementary 

Convention  of  5  November  1980  as  regards  persons  residing  in  a  third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

92.  NETHERLANDS-PORTUGAL 

Article  5  (2)  of  the  Convention  of  19 July  1979. 

93.  NETHERLANDS-FINLAND 

No  convention. 

94.  NETHERLANDS-SWEDEN 

Articles  4  and  24  (3)  of  the  Convention  on  social  security  of  2  July  1976  as  regards  persons  residing  in  a 
third  State. 

1408/71-66 

95.  NETHERLANDS-UNITED  KINGDOM 

None. 

96.  AUSTRIA-PORTUGAL 

None. 

97.  AUSTRIA-FINLAND 

(a)  Article  4  of  the  Convention  on  social  security  of  11  December  1985  as  amended  by  the  Complemen 

tary  Convention  of  9  March  1993  as  regards  persons  residing  in  a  third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

98.  AUSTRIA-SWEDEN 

(a)  Articles  4  and  24  (1)  of  the  Convention  on  social  security  of  7  November  1975  as  amended  by  the 
Complementary  Convention  of  21  October  1982  as  regards  persons  residing  in  a  third  State. 

(b)  Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards  persons  residing  in  a  third  State. 

99.  AUSTRIA-UNITED  KINGDOM 

(a)  Article  3  of  the  Convention  on  social  security  of  22  July  1980  as  amended  by  Complementary  Con 
ventions  No  1 of  9  December  1985  and  No  2  of  13  October  1992  as  regards  persons  residing  in  a 
third  State. 

(b)  Protocol  concerning  benefits  in  kind  to  the  said  Convention  with  the  exception  of  Article  2  (3)  as 

regards  persons  who  cannot  claim  treatment  under  Chapter  1 of  Title  III  of  the  Regulation. 

100.*  PORTUGAL-FINLAND 

No  convention. 

101.  PORTUGAL-SWEDEN 

Article  6  of  the  Convention  on  social  security  of  25  October  1978. 

102.  PORTUGAL-UNITED  KINGDOM 

Article  2  (1)  of  the  Protocol  on  medical  treatment  of  15  November  1978. 

103.  FINLAND-SWEDEN 

None. 

104.  FINLAND-UNITED  KINGDOM 

None. 

105.  SWEDEN-UNITED  KINGDOM 

Article  4  (3)  of  the  Convention  on  social  security  of  29  June  1987. 

1408/71-67 

ANNEXIV 

(B) (11) (13) (15) 

(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  insurance 

A. 

BELGIUM 

(a)  Legislation  relating  to  the  general  invalidity  scheme,  the  special  invalidity  scheme  for  miners  and  the 

special  scheme  for  merchant  navy  mariners. 

(b)  Legislation  on  insurance  for  self-employed  persons  against  incapacity  to  work. 

(c)  Legislation  relating  to  invalidity  in  the  overseas  social  insurance  scheme  and  the  invalidity  scheme 

for  former  employees  of  the  Belgian  Congo  and  Rwanda-Urundi. 

B.  DENMARK 

None. 

C.  GERMANY 

None. 

D. 

SPAIN 

Legislation  relating  to  invalidity  insurance  under  the  general  scheme  and  under  the  special  schemes. 

E. 

FRANCE 

1. 

Employed  persons 

All  legislations  on  invalidity  insurance,  except  for  the  legislation  concerning  the  invalidity  insurance 
of  the  social  security  scheme  for  miners. 

2. 

Self-employed  persons 

The  legislation  on  invalidity  insurance  for  persons  self-employed  in  agriculture. 

F. 

GREECE 

Legislation  relating  to  the  agricultural  insurance  scheme. 

G. 

IRELAND 

Chapter  10  of  Part  II  of  the  Social  Welfare  (Consolidation)  Act  1981. 

H. 

ITALY 

None. 

I. 

LUXEMBOURG 

None. 

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.  AUSTRIA 

None. 

L. 

PORTUGAL 

None. 

M. 

FINLAND 

National  pensions  to  persons  who  are  born  disabled  or  become  disabled  at  an  early  age  (the  National 
Pen.sions  Act  (547/93)). 

1408/71-68 

N. 

SWEDEN 

None. 

O.  UNITED  KINGDOM 

(a)  Great  Britain 

Sections  15  and  36  of  the  Social  Security  Act  1975. 

Sections  14,  15  and  16 of  the  Social  Security  Pensions  Act  1975. 

(b)  Northern  Ireland 

Sections  15  and  36  of  the  Social  Security  (Northern  Ireland)  Act  1975. 

Articles  16,  17  and  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  1408/71 

A.  BELGIUM 

None. 

B.  DENMARK 

None. 

C.  GERMANY 

Old-age  insurance  for  farmers  (Altershilfe  fur  Landwirte). 

D. 

SPAIN 

Scheme  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. 

FRANCE 

None. 

F. 

GREECE 

None. 

G. 

IRELAND 

None. 

H. 

ITALY 

Pension  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  (awocati  e  procurator!'), 

— 

economists  (dottori  commercialisti), 

— 

accountants  and  industrial  experts  (ragionieri  e  periti  commerciali), 

— 

employment  consultants  (consulenti  del  lavoro), 

— 

notaries  (notai), 

— 

customs  agents  (spedizionieri  doganali). 

1408/71-69 

I. 

LUXEMBOURG 

None. 

J. 

THE  NETHERLANDS 

None. 

K.  AUSTRIA 

None. 

L. 

PORTUGAL 

None. 

M.  FINLAND 

None. 

N. 

SWEDEN 

None. 

0.  UNITED  KINGDOM 

None. 

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  he  waived 

A. 

BELGIUM 

None. 

B. 

DENMARK 

All  applications  for  pensions  referred  to  in  ihe  law  on  sociai  pensions,  except  tor  pensions  mentioned  in 
Annex  IV.  part  D. 

C 

GERMANY 

None. 

D. 

SPAIN 

None. 

E. 

FRANCE 

None. 

F. 

GREECE 

None. 

G. 

IRELAND 

~~~ 

All  applications  for  retirement  pensions,  contributory  old-age  pensions  and  widows'  pensions. 

II. 

ITALY 

Invalidity,  retirement  and  survivors'  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. 

1. 

LUXEMBOURG 

None. 

J. 

THE  NETHERLANDS 

» 

All  applications  for  old-age  pensions  under  the  law  of  31  May  1956  governing  general  old-age  insurance, 
as  amended. 

K.  AUSTRIA 

None. 

1408/71-70 

L. 

PORTUGAL 

Invalidity,  old-age  and  widows'  pensions. 

M. 

FINLAND 

None. 

N. 

SWEDEN 

All  applications  for  old-age  basic  and  supplementary  pensions  except  pensions  mentioned  in  Annex  IV  D. 

O.  UNITED  KINGDOM 

All  applications  for  retirement  and  widow's  pension  determined  pursuant  to  the  provisions  of  Title  III, 
Chapter  3  of  the  Regulation,  with  the  exception  of  those  for  which: 

(a)  during  a  tax  year  beginning  on  or  after  6  April  1975: 

(i) 

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

(ii)  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. 

D.  Benefits  and  agreements  referred  to  in  Article 46b (2)  of  the  Regulation 

1. 

Benefits  referred  to  in  Article  46b (2) (a)  of  the  Regulation,  the  amount  of  which  i& 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  Spanish  death  allowances  and  survivors'  pensions  granted  under  the  general  and  special 

schemes. 

(d)  The  widows'  allowance  under  the  widowhood  insurance  of  the  French  general  social  security  system 

or  the  agricultural  workers'  system. 

(e)  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). 

(f)  The  Netherlands  widows'  pension  under  the  law  of  9  April  1959  governing  the  general  insurance  for 

widows  and  orphans,  as  amended. 

(g)  Finnish  national  pensions  determined  according  to  the  National  Pensions  Act  of  8  June  1956  and 

awarded  under  the  transitional  rules  of  the  National  Pensions  Act  (547/93). 

(h)  The  full  Swedish  basic  pension  awarded  under  the  basic  pension  legislation  which  applied  before  1 
January  1993  and  the  full  basic  pension  awarded  under  the  transitional  rules  to  the  legislation 
applying  from  that  date. 

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. 

1408/7!  -I 

(c) 

Italian  pensions for  total  incapacity  for work  (inabilità). 

(d)  Luxembourg  invalidity  and  survivors' pensions. 

(e)  Finnish  employment  pensions for which account  is taken of  future  periods  according  to  the  national 

legislation. 

(f)  Swedish  invalidity  and  survivors'  pensions  for  which  account  is  taken  of  a  credited  period  of 
insurance  and  Swedish  old-age  pensions  for  which  account  is  taken  of  credited  periods  already 
acquired. 

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. 

Nordic  Convention  of  15 June  1992 on  social security. 

1408/71-72 

Concordance between the legislations  of Member States on conditions  relating to the degree of invalidity 

ANNEX  V 

(15) 

(Article  40 (4) of  the  Regulation) 

BELGIUM 

Member 
States 

Schemes  administered  by 
Member  States'  institutions 
who have  taken  a  decision 
recognizing  the  degree  of  invalidity 

Schemes administered  by Belgian institutions on which  the decision is 
binding in cases of  concordance 

General  scheme 

Miners'  scheme 

General 
invalidity 

Occupa 
tional 
invalidity 

Mariners' 
scheme 

Ossom 

1. 

General  scheme: 

—  Group  III  (constant  atten 

dance) 

—  Group  II 

—  Group  I 

Concor 
dance 

} 

2. 

Agricultural  scheme: 

— 

Total, general  invalidity 

— 

Two-thirds  general  invalidity 

—  Constant  attendance 

Concor 
dance 

} 

FRANCE 

3.  Miners'  scheme: 

Concor 
dance 

Concor 
dance 

Concor 
dance 

No  concor 
dance 

Concor 
dance 

Concor 
dance 

Concor 
dance 

No  concor 
dance 

— 

Partial, general  invalidity 

—  Constant  attendance 

—•  Occupational  invalidity 

} 

Concor 
dance 

Concor 
dance 

Concor 
dance 

Concor 
dance 

No  concor 
dance 

No con 
cordance 

No  concor 
dance 

No  concor 
dance 

No  concor 
dance 

No  concor 
dance 

4.  Mariners'  scheme: 

—  General  invalidity 

—  Constant  attendance 

—  Occupational  invalidity 

} 

Concor 
dance 

Concor 
dance 

Concor 
dance 

Concor 
dance 

No  concor 
dance 

No  con 
cordance 

No  concor 
dance 

No  concor 
dance 

No  concor 
dance 

No  concor 
dance 

General  scheme: 

— 

— 

Invalidity — manual  workers 

Invalidity — clerical  staff 

}  No  con 

cordance 

Concor 
dance 

Concor 
dance 

Concor 
dance 

No  concor-
"dance 

ITALY 

Mariners'  scheme: 

—  Unfitness  for  seafaring 

No con 
cordance 

No  concor 
dance 

No  concor 
dance 

No  concor 
dance 

No  concor 
dance 

LUXEM 

BOURG 

Workers'  invalidity — manual  workers 

Invalidity — clerical  staff 

}  Concor 

dance 

Concor 
dance 

Concor 
dance 

Concor 
dance 

No  concor 
dance 

1408/71-73 

FRANCE 

Member 
States 

Schemes administered  by Member 
States' institutions having taken a 
decision recognizing the degree  of 
invalidity 

1.  General  scheme 

2.  Miners' scheme: 

Schemes  administered  by French institutions on which  the decision  is binding in cases of  concordance 

General  scheme 

Agricultural  scheme 

Miners'  scheme 

Mariners' scheme 

Group  I 

Group  II 

GroupIU 
Constant 
atten 
dance 

2/3 
Invalidity 

Total 
invalidity 

Constant 
atten 
dance 

2/3 
General 
invalidity 

Constant 
atten 
dance 

Occu 
pational 
invalidity 

2/3 
General 
invalidity 

Total 
occu 
pational 
invalidity 

Constant 
atten 
dance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

—  partial  general  invalidity 

Concor 
dance 

No con 
cordance 

No  con 
cordance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

BEL 
GIUM 

—  occupational  invalidity 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

Concor 
dance  (*) 

No con 
cordance 

No  con 
cordance 

Concor 
dance (1) 

No con 
cordance 

No con 
cordance 

Concor 
dance (*) 

No con 
cordance 

No con 
cordance 
(2) 
No con 
cordance 

No con 
cordance 

No  con 
cordance 

No con 
cordance 

-^ o 

oo 

H-» 
I 

3.  Mariners'  scheme 

1.  General  scheme: 

—  invalidity—manualworkers 

ITALY 

—  invalidity — clerical  staff 

2.  Mariners' scheme: 

unfitness  for  seafaring 

Concor 
dance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

Concor 
dance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No  con 
cordance 

No con 
cordance 

No  con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

LUXEM 
BOURG 

Invalidity — manual  workers 

Concor 
dance 

No con 
cordance 

No con 
cordance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

Concor 
dance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

Invalidity — clerical  staff 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

No con 
cordance 

(*)  In so far as the invalidity recognized by the Belgian institution is general invalidity. 
(2)  Only if the Belgian institution has recognized that the worker is unfit for work underground or at ground level. 

ITALY 

Member 
States 

Schemes  administered  by Member 
States institutions who have  taken a 
decision  recognizing  the  degree of 
invalidity 

Schemes administered  by Italian  institutions  on which  the  decision  is 
binding in cases of  concordance 

General  scheme 

Manual  workers 

Clerical  staff 

Mariners 
Unfitness  for 
navigation 

1.  General  scheme 

2.  Miners' scheme: 

No concordance 

No concordance 

No  concordance 

BELGIUM 

—  partial  general  invalidity 

Concordance 

Concordance 

No  concordance 

—  occupational  invalidity 

No concordance 

No concordance 

No  concordance 

3.  Mariners' scheme 

No concordance 

No concordance 

No  concordance 

1.  General  scheme: 

—  Group  III  (constant  attendance) 

—  Group  II 

—  Group  I 

2.  Agricultural  scheme: 

—  total  general  invalidity 

—  partial  general  invalidity 

FRANCE 

—  constant  attendance 

3.  Miners'  scheme: 

} 

Concordance 

Concordance 

} 

No  concordance 

} 

Concordance 

} 

Concordance 

} 

} 

No  concordance 

—  partial  general  invalidity 

—  constant  attendance 

—  occupational  invalidity 

4.  Mariners' scheme: 

—  partial  general  invalidity 

—  constant  attendance 

—  occupational  invalidity 

} 

} 

Concordance 

} 

Concordance 

} 

No  concordance 

No concordance 

No  concordance 

No  concordance 

No concordance 

} 

No  concordance 

} 

No  concordance 

1408/71-75 

LUXEMBOURG 

Member 
States 

Schemes administered by institutions of 
Member States which have taken a deci 
sion recognizing the degree of invalidity 

Schemes administered by Luxembourg  institutions on which  the  decision 
is binding in cases of  concordance 

Invalidity — manual workers 

Invalidity — clerical  staff 

1.  General  scheme 

2.  Miners'  scheme: 

Concordance 

Concordance 

BELGIUM 

—  partial general  invalidity 

—  occupational  invalidity 

3.  Mariners' scheme 

No  concordance 

No  concordance 

Concordance  (1) 

No  concordance 

No  concordance 

Concordance  (1) 

1.  General  scheme: 

—  Group III (constant  attendance) 

—  Group  II 

—  Group  I 

2.  Agricultural  scheme: 

—  total  general  invalidity 

1 

^  Concordance 

^  Concordance  . 

—  two-thirds  general  invalidity 

^"  Concordance 

f  Concordance 

FRANCE 

—  constant  attendance 

3.  Miners'  scheme: 

—  two-thirds  general  invalidity 

—  constant  attendance 

r 

Concordance 

r 

Concordance 

—  occupational  invalidity 

No  concordance 

No  concordance 

4.  Mariners' scheme: 

—  partial  general  invalidity 

—  constant  attendance 

r 

Concordance 

r 

Concordance 

—  occupational  invalidity 

No  concordance 

No  concordance 

(1) In so far as the invalidity recognized by the Belgian institution is general invalidity. 

1408m-76 

ANNEX  VI 

(A)  (B)  (2) (7) (8) (9) (11) (12) (13) (14)  (15) 

SPECIAL PROCEDURES  FOR APPLYING THE LEGISLATIONS OF CERTAIN MEMBER  STATES 

BELGIUM 

(Article  89 of the  Regulation) 

1. 

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. 

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. 

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. 

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. 

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. 

to  establish  whether 

In  order 
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. 

the  requirements  imposed  by  Belgian  legislation  for  entitlement 

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. 

For  the  purposes  of  applying  Article  14a  (2),  (3)  and  (4),  14c  (a)  and  14d  of  Regulation  (EEC) 
the 
No  1408/71,  business  revenues 
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  reference  year  which  serve  as  a  basis  for  determining 

in 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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. 

1408/71-77 

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  Article 46  (2)  of  the  Regulation: 

(a) 

(b) 

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. 

the  provisions  laid  down  by  the  Royal  Decree  of  20  July  1971  on 

In  accordance  with 
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.  DENMARK 

1. 

2. 

3. 

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. 

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. 

(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  employed  or  self-employed 
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 

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. 

terms  of  (b)  and  (c)  shall  not  be 

taken 

the 

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  Denma*k-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. 

1408/71-78 

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  considered  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. 

GERMANY 

1. 

The  provisions  of  Article  10  of  the  Regulation  are  without  prejudice  to  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  grounds  for  benefits,  or  do  so  only  subject  to 
certain  conditions,  when  the  persons  concerned  are  resident  outside  the  territory  of  the  Federal  Republic 
of  Germany. 

2. 

(a)  The  standard  period  for  allocation  (pauschale  Anrechnungszeit)  shall  be  determined  exclusively  with 

reference  to  German  periods. 

(b)  For  the  purpose  of  taking  into  account  German  pension  periods  for  miners'  pension  insurance,  only 

German  legislation  shall  apply. 

(c)  For  the  purpose  of  taking  into  account  German  substitute  periods  (Ersatzzeiten),  only  German 

legislation  shall  apply. 

3. 

If  application  of  the  Regulation  or  later  regulations  on  social  security  places  an  exceptional  burden  on 
certain  sickness  insurance  institutions,  that  shall  be  compensated  for  in  full  or  in  part.  The  Federal 
Association  of  Local  General  Funds,  as  liaison  body  (sickness  insurance),  shall  take  decisions  regarding 
such  compensation  by  common  agreement  with  the  other  central  federations  of  sickness  fumfc  The 
resources  necessary  to  implement  the  compensation  shall  be  provided  by  taxes  levied  on  all  the  sickness 
insurance  institutions  in  proportion  to  the  average  number  of  members  over  the  previous  years,  with  the 
exception  of  retired  members. 

1408/71-79 

Article  7  of  Book  VI  of  the  Social  Code  shall  apply  to  nationals  of  the  other  Member  States  and  to 
stateless  persons  and  refugees  residing  in  the  territory  of  other  Member  States,  according  to  the  following 
rules. 

If  the  general  conditions  are  fulfilled,  voluntary  contributions  may be  paid  to  the  German  pension  insurance 
scheme: 

(a) 

if  the  person  concerned  is  domiciled  or  resident  in  the  territory  of  the  Federal  Republic  of 
Germany; 

(b) 

(c) 

if  the  party  concerned  is  domiciled  or  resident  in  the  territory  of  another  Member  State  and  has  at 
some  point  previously  contributed,  either  compulsorily  or  voluntarily,  to  the  German  pension 
insurance  scheme; 

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

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 
to  the  German 
the  German  sickness  insurance  scheme  for  pensioners.  The 
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. 

lump  sums  refunded 

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  iiber  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 
in  the  territory  of  the  Federal  Republic  of 

insurance  scheme  for  farmers 

the  old-age 

under 
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,  shall  be  taken  into  account  to justify  the  existence  of  the  18  years 
of  compulsory  contributions  required  for  exemption  from  compulsory  affiliation  to  pension  insurance  for 
self-employed  craftsmen. 

13.  For  the  purpose  of  applying  German  legislation  on  compulsory  sickness  insurance  of  pensioners  as 
provided  for  in  Articles  (1)  (ii)  of  Volume V  of  the  Social  Insurance  Code  (Funftes  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. 

1408/71-80 

(SGBV)  and  Articles 200 

14.  For  the  grant  of  cash  benefits  pursuant  to  Article  47  (1)  of  Volume  V  of  The  German  Social  Insurance 
Insurance 
Code 
(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. 

the  German  Law  on  Social 

(2)  and  561 

(1)  of 

15.  Greek  teachers  who  have  civil  servant  status  and  who,  by  the  fact  that  they  have  taught  in  German 
schools,  have  contributed  to  the  compulsory  German  pension  insurance  scheme  as  well  as  to  the  special 
Greek  civil  servant  scheme  and  who  ceased  to  be  covered  by  compulsory  German  insurance  after  31 
December  1978  may,  on  request,  have  the  compulsory  contributions  reimbursed  in  accordance  with 
Article  210  of  Book  VI  of  the  Social  Code.  Applications  for  reimbursement  of  contributions  are  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  insurance. 

Article 210 (6) 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 Greek  civil 
servant scheme  and with regard to the allocation periods immediately following  the periods during which  these 
compulsory  contributions were  paid. 

16. 

. .. 

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),  the  institution  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 
(Krankenversicherung). 

form  compulsory  sickness 

Insurance  Code 

is  exempted 

that  person 

(SGB V), 

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  (geringfiigig)  employment  within  the 
meaning  of  Article 8  of  SGB IV. 

20.  Where  the  provisions  of  German  pension  law  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. 

D. 

SPAIN 

1. 

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  se|f-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 
international 
their  capacity  as  an  official  or  employee 
security  scheme 
intergovernmental  organization. 

serving  an 

in 

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, 

(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, 

(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. 

1408/71-81 

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. 

FRANCE 

1. 

(a)  The allowance for elderly employed persons, togetherwith the allowance forelderlyself-employedpersons, 
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. 

3. 

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. 

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. 

6. 

to  in  Article  46  (2) (a)  of  the  Regulation,  in 
For  the  calculation  of  the  theoretical  amount  referred 
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. 

(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  to 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. 

1408/71-82 

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 in  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). 

GREECE 

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, 

(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. 

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. 

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. 

3. 

4. 

5.  Where  the  rules  of  the  Greek  auxiliary  pension  funds  ('EmxouQixd  Taueia')  make  provision  for  the 
recognition  of  compulsory  old  age  pension  insurance  periods  completed  with  statutory  Greek  insurance 
institutions  ('xiioiaç  ao<j)dAior]ç')  these  rules  shall  also  apply  to  compulsory  pension  insurance  periods  in 
the  pension  branch  completed  under  the  legislation  of  any  other  Member  State  falling  within  the  scope  of 
the  Regulation. 

6. 

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  subject  to  compulsory  Greek  social  insurance 
(base  statutory  scheme)  for  the  first  time  after  1  January  1993,  shall  be  regarded  as  "formerly  insured 
persons"  in  accordance  with  the  provisions  of  Law  No  2084/92. 

IRELAND 

1. 

2. 

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)  and  (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. 

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. 

1408/71-83 

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. 

For  the  purpose  of  calculating  the  earnings  for  the  granting  of  the  pay-related  benefit  payable  under  Irish 
legislation  with  unemployment  benefit,  an  amount  equal  to  the  average  weekly  wage  in  that  year  of  male 
or  female  employed  persons,  as  applicable,  shall,  notwithstanding  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. 

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. 

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. 

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 III  of  the  Regulation, 

(ii)  make  Ireland  the  competent  State  for  the  provision  of  benefits  provided  for  in  Article  18,  38  or  39 

(1)  of  the  Regulation. 

H. 

ITALY 

None. 

I.  LUXEMBOURG 

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 months  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. 

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. 

The  second  subparagraph  of  Article 22  (2)  of 
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. 

the  Regulation  does  not  affect 

1408/71-84 

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  last  completed  insurance  periods  under 
Luxembourg  legislation. 

NETHERLANDS 

1. 

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  m. 

(b) 

. .. 

(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  (Staatsblad  6)  on  a  new  ruling  in  respect  of 
civil  servants  and 
(Algemene 
burgerlijke  pensioenwet), 

their  survivors  (Netherlands  Civil  Service  Pensions  Act) 

pensions  awarded  under  the  Law  of  6  October  1966  (Staatsblad  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  Nederiandse  Spoorwegen  (Netherlands  Railway 
Company)  and  their  survivors  (Railway  Pensions  Act)  (Spoorwegpensioenwet), 

pensions  awarded  under 
the 
Netherlands  Railway  Company  (Règlement  Dienstvoorwaarden  Nederiandse  Spoorwegen) 
(RDV  1964  NS), 

the  Regulation  governing  conditions  of  employment  of 

benefits  in  respect  of  a  pension  before  the  age  of  65  under  a  pension  scheme  designed  to 
provide  old-age  assistance  to  workers  and  former  workers,  or  benefits  in  respect  of  an  early 
retirement  pension  from  work  under  a  scheme  for  early  retirement  set  up  by  the  State  or  by 
or  under  an  industrial  agreement,  or  a  scheme  to  be  designated  by  the  Sickness  Fund  Council. 

(d)  Members  of  the  family  as  referred  to  in  Article  19  (2)  who  reside  in  the  Netherlands  and  employed 
or  self-employed  workers  and  the  members  of  their  families  as  referred  to  in  Article  22  (1)  (b)  and 
(3)  read  in  conjunction  with  Article  22  (1)  (b),  and  Articles  25  and  26  who  are  entitled  to  benefits 
under  the  legislation  of  another  Member  State  shall  not  be  insured  under  the  Algemene  Wet 
Bijzondere  Ziektekosten  (Law  on  general  insurance  against  special  medical  expenses)  (AWBZ). 

Application  of  Netherlands  legislation on  general old-age  insurance  (Toepassing van  de  Nederiandse  Algemene 
Ouderdomswet)  (AOW) 

thereof  before  1  January  1957  during  which  a  recipient,  not  satisfying 

(a)  The  reduction  referred  to  in  Article  13  (1)  of  the  AOW  shall  not  be  applied  for  calendar  years  or 
parts 
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  not  apply  to  calendar  yçars  or  parts 
thereof  prior  to  2  August  1989  during  which,  between  his  15th  and  65th  birthdays  the  person  who  is 
or  was  married  was  not  insured  under  the  abovementioned  legislation  despite  being  resident  in  the 
territory  of  a  Member  State  other  than  the  Netherlands,  if  these  calendar  years  or  parts  thereof 
coincide,  on  the  one  hand,  with  the  periods  of  insurance  completed  by  the  person's  spouse  under 
that  legislation  provided  that  the  couple's  marriage  subsisted  during  these  periods,  and,  on  the 
other,  with  the  calendar  years  or  parts  thereof  to  be  taken  into  account  under  subparagraph  (a). 

By way of derogation  from  Article  7 of the AOW, this person  shall be considered  a  pensioner. 

1408/71-85 

(c) 

the  reduction  referred  to  in  Article  13  (2)  of  the  AOW  shall  not  apply  to  calendar  years  or  parts 
thereof  prior  to  1  January  1957  during  which  the  spouse  of  a  pensioner  who  fails  to  satisfy  the 
conditions  for  having  these  years  treated  as  periods  of  insurance  resided  in  the  Netherlands  between 
the  spouse's  15th  and  65th  birthdays  or  during  which,  despite  being  resident  in  the  territory  of 
another  Member  State,  the  spouse  pursued  an  activity  as  an  employed  person  in  the  Netherlands  for 
an  employer  established  in  the  Netherlands. 

(d)  The  reduction  referred  to  in  Article  13  (2)  of  the  AOW  shall  not  apply  to  calendar  years  or  parts 
thereof  prior  to  2  August  1989  during  which,  between  his  15th  and  65th  birthdays,  the  pensioner's 
spouse  was  resident  in  a  Member  State  other  than  the  Netherlands  and  was  not  insured  under  the 
abovementioned  legislation  if  these  calendar  years  or  parts  thereof  coincide,  on  the  one  hand,  with 
the  periods  of  insurance  completed  by  the  spouse  under  that  legislation  provided  that  the  couple's 
marriage  subsisted  during  these  periods,  and,  on  the  other,  with  the  calendar  years  or  parts  thereof 
to  be  taken  into  account  under  subparagraph  (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 
the 
abovementioned  legislation.  This  authorization  ceases  on  the  date  of  termination  of  the  compulsory 
insurance  of  the  employed  person  or  self-employed  person. 

is  or  was  compulsorily 

insured  under 

The  aforementioned  authorization  shall  not  cease,  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 voluntary 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 aself-employed person who was compulsorily insured onor  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. 

The authorization referred  to in point 4 of(f)  may not be granted to a spouse not residing in the Netherlands 
of an employed or self-employed  person to whom the provisions of Article  14(1), Article  14a ( 1 ) or Article 
17 of the Regulation apply if that spouse, in accordance with the provisions of Netherlands legislation alone, 
is or was authorized  to take  out voluntary  insurance. 

(h)  Points  (a),  (b),  (c),  (d)  and  (f)  shall  not  apply  either  to  those  periods  which  coincide  with  periods 
which  may  be 
insurance 
taken  into  account  for  calculating  pension  rights  under 
legislation  of  a  Member  State  other  than  the  Netherlands  or  to  those  periods  during  which  the 
person  concerned  has  drawn  an  old-age  pension  under  such  legislation. 

the  old-age 

(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 
into  account  as  periods  of  insurance. 

1408/71-86 

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, 

—  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  15  years  under  the 
abovementioned  Law  of  11  December  1975  (AAW)  in  so  far  as  these  do  not  coincide  with  the 
periods  of  insurance  completed  under  the  abovementioned  law  of  18  February  1966  (WAO). 

1408/71-87 

(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 
corresponding  legislation  of  another  Member  State,  shall  be  considered  as  being  insured  as  from 
that  first  day  under  Netherlands  law. 

the  first  day  of  that  quarter,  subject 

to 

(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 
implementing 
Regulation  referred  to  in  Article 98  of  the  Regulation. 

laid  down  in  the 

6. 

Application  of  certain transitional  provisions 

Article 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.  AUSTRIA 

1. 

2. 

3. 

4. 

For  the  purpose  of  applying  Chapter  I  of  Title  HI  of  the  Regulation,  a  person  receiving  a  civil  servant's 
pension  shall  be  considered  to  be  a  pensioner. 

the  purpose  of  applying  Article  46  (2)  of 

For 
for 
supplementary  insurance  and  the  miner's  supplementary  benefit  under  Austrian  legislation  shall  be 
disregarded.  In  these  cases  the  amount  calculated  according  to  Article  46  (2)  of  the  Regulation  shall  be 
increased  by  increments  for  contributions  for  supplementary  insurance  and  the  miner's  supplementary 
benefit. 

increments  for  contributions 

the  Regulation, 

For  the  purpose  of  applying  Article  46  (2)  of  the  Regulation,  in  applying  Austrian  legislation  the  day 
relevant  for  a  pension  (Stichtag)  shall  be  considered  as  the  date  when  the  risk  materializes. 

The  application  of  the  provisions  of  the  Regulation  shall  not  have  the  effect  of  reducing  any  entitlement 
to  benefits  by  virtue  of  Austrian  legislation  with  regard  to  persons  who  have  suffered  in  their  social 
security  situation  for  political  or  religious  reasons  or  for  reasons  of  their  descent. 

L. 

PORTUGAL 

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 
State or when  travelling  there  to receive care  appropriate  to their state of  health with  the prior  authorization  of  the 
competent Portuguese institution, in accordance with the procedures laid down in Article 22 ( 1) (a) and (c), the second 
sentence  of  paragraph  2 and  paragraph  3  and  in Article  31 (a)  of  Regulation  (EEC)  No  1408/71,  under  the  same 
conditions  as employed  and self-employed  persons covered  by the general  social  security scheme. 

M. 

FINLAND 

1. 

In  order  to  determine  whether  the  period  between  the  occurrence  of  the  pension  contingency  and  the 
pensionable  age  (future  period)  should  be  taken  into  account  when  calculating  the  amount  of  the  Finnish 
employment  pension,  the  periods  of  insurance  or  residence  under  the  legislation  of  another  Member  State 
shall  be  taken  into  consideration  for  the  condition  relating  to  residence  in  Finland. 

2.  Where  employment  or  self-employment  in  Finland  has  terminated  and  the  contingency  occurs  during 
employment  or  self-employment  in  another  Member  State  and  where  the  pension  according  to  the  Finnish 
the 
employment  pension 
pensionable  age  (future  period),  periods  of  insurance  under  the  legislation  of  another  Member  State  shall 
be  taken  into  consideration  for  the  requirement  of  the  future  period  as  if  they  were  periods  of  insurance 
in  Finland. 

the  contingency  and 

the  period  between 

legislation  no 

includes 

longer 

3.  When,  under  the  legislation  of  Finland,  an  increment  is  payable  by  an  institution  in  Finland  because  of  a 
delay  in  processing  a  claim  for  a  benefit,  a  claim  submitted  to  an  institution  of  another  Member  State 
shall,  for  the  purpose  of  applying  the  provisions  of  the  Finnish  legislation  relating  to  such  increment,  be 
considered  to  have  been  presented  on  the  date  when  that  claim,  along  with  all  necessary  enclosures, 
reaches  the  competent  institution  in  Finland. 

1408/71-88 

N. 

SWEDEN 

When  applying  Article  18  (1)  for  the  purpose  of  establishing  a  person's  entitlement  to  a  parental  benefit 
period  of  insurance  completed  under  the  legislation  of  another  Member  State  than  Sweden  shall  be 
considered  to  be  based  on  the  same  average  earnings  as  the  Swedish  periods  of  insurance  to  which  they 
are  aggregated. 

The  provisions  of  the  Regulation  on  the  aggregation  of  insurance  or  residence  periods  shall  not  apply  to 
the  transitional  rules  of  the  Swedish  legislation  on  the  right  to  a  more  favourable  calculation  of  basic 
pensions  for  persons  residing  in  Sweden  for  a  specified  period  preceding  the  date  of  the  claim. 

For  the  purpose  of  establishing  the  entitlement  to  an  invalidity  or  survivor's  pension  partly  based  on 
future  assumed  insurance  periods  a  person  shall  be  considered  to  meet  the  insurance  and  income 
requirements  of  the  Swedish  legislation  when  covered  as  an  employed  or  self-employed  person  by  an 
insurance  or  residence  scheme  of  another  Member  State. 

Years  of  care  of  small  children  shall,  according  to  prescribed  conditions  of  the  Swedish  legislation,  be 
considered  as  insurance  periods  for  supplementary  pension  purposes  even  when  the  child  and  the  person 
concerned  are  residing  in  another  Member  State,  provided  that  the  person  taking  care  of  the  child  is  on 
parental  leave  under  the  provisions  of  the  Law  on  Right  to  Leave  for  Child  Rearing. 

O.  UNITED  KINGDOM 

incapacity 

to  work,  maternity  or  unemployment,  for  exemption 

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 
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  an  employed  person  in  accordance 
with  the  legislation  of  Gibraltar. 

from 

Where,  in  accordance  with  United  Kingdom  legislation,  a  person  mav  be  entitled  to  a  retirement  pension 
if: 

(a) 

the  contributions  of  a  former  spouse  are  '.aken  into  account  as  if  they  were  that  person's  own 
contributions, 

(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  claim  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, 

(ii) 

a  former  spouse,  where  a  claim  is  made  by  a  widow,  who  was  not  in  receipt  of  a  survivor's  benefit 
immediately  before  reaching  pensionable  age  or  who  is  only  in  receipt  of  an  age-related  widow's 
pension  calculated  pursuant  to  Article  46  (2)  of  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  ano  her  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; 

1408/71-89 

(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. 

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. 

For  the  purposes  of  applying  Article  10a  (2)  to  the  provisions  governing  entitlement  to  attendance 
allowance,  invalid  care  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  arises. 

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. 

The  Regulation  does  not  apply  to  those  provisions  of  United  Kingdom  legislation  which  are  intended  to 
bring  into  force  any  social  security  agreement  concluded  between  the  United  Kingdom  and  a  third  State. 

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. 

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  beneficiary  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. 

1408/71-90 

(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  an  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  within  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  earnings  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) 

(b) 

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; 

an  average  of  the  surpluses  in  earnings  factor  shall  be  calculated  in  accordance  with  Article  47 
( l ) ( 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. 

1408/71-91 

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) 

(b) 

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; 

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  Umted  Kingdom. 

18.  A  period  of  subjection 
Regulation  may  not: 

to  United  Kingdom  legislation  in  accordance  with  Article  13  (2) (f)  of  the 

(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 

Article  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,  Umted  Kingdom  legislation  shall  cease 
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) 

(b) 

(c) 

the  day  on  which  residence  is  transferred  to  the  other  Member  State  referred  to  in  Article  13 
(2)  (f); 

the  day  of  cessation  of  the  employment  or  self-employment,  whether  permanent  or  temporary, 
during  which  that  person  was  subject  to  United  Kingdom  legislation; 

the  last  day  of  any  period  of  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  to  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). 

1408/71-92 

ANNEX  VII 

(B) (2) (5) (6)  (15) 

INSTANCES  IN WHICH A PERSON  SHALL BE SIMULTANEOUSLY SUBJECT TO THE LEGISLATION OF TWO 

MEMBER STATES 

(Article  14c (1) (b) of the  Regulation) 

1.  Where  he  is  self-employed  in  Belgium  and  gainfully  employed  in  any  other  Member  State. 
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  a  person  is  self-employed  in  Austria  and  gainfully  employed  in  any  other  Member  State. 

10.  Where  he  is  self-employed  in  Portugal  and  gainfully  employed  in  any  other  Member  State. 

11.  Where  a  person  resident  in  Finland  is  self-employed  in  Finland  and  gainfully  employed  in  any  other  Member 

State. 

12.  Where  a  person  resident  in  Sweden  is  self-employed  in  Sweden  and  gainfully  employed  in  any  other  Member 

State. 

1408/71-93 

PART  II 

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

TABLE  OF  CONTENTS 

TITLE  I: 

GENERAL  PROVISIONS  (Articles  1  to  4) 

TITLE  II: 

IMPLEMENTATION  OF  THE  GENERAL  PROVISIONS  OF  THE 
REGULATION  (Articles  5  to  10a) 

TITLE  ID: 

TITLE  IV: 

Chapter  1: 

Chapter  2: 

Chapter  3: 

Chapter  4: 

Chapter  5: 

Chapter  6: 

Chapter  7: 

Chapter  8: 

IMPLEMENTATION  OF  THE  PROVISIONS  OF  THE  REGULATION 
FOR  DETERMINING  THE  LEGISLATION  APPLICABLE  (Articles  10b  to 
14) 

m 

IMPLEMENTATION  OF  THE  SPECIAL  PROVISIONS  OF  THE 
REGULATION  RELATING  TO  THE  VARIOUS  CATEGORIES  OF 
BENEFITS 

General  rules  for  the  aggregation  of  periods  (Article  15) 

Sickness  and  maternity  (Articles  16  to  34) 

Invalidity,  old-age  and  death  (pensions)  (Articles  35  to  59) 

Accidents  at  work  and  occupational  diseases  (Articles  60  to  77) 

Death  grants  (Articles  78,  79) 

Unemployment  benefits  (Articles  80  to  84) 

Family  benefits  (Articles  85  to  88) 

Benefits  for  dependent  children  of  pensioners  and  for  orphans  (Articles  90  to 
92) 

TITLE  V: 

FINANCIAL  PROVISIONS  (Articles  93  to  107) 

TITLE  VI: 

MISCELLANEOUS  PROVISIONS  (Articles  108  to  117) 

TITLE  VII: 

TRANSITIONAL  AND  FINAL  PROVISIONS  (Articles  118  to  122) 

ANNEXES 

Annex  1 : 

Competent  authorities 

Annex  2: 

Annex  3: 

Annex  4: 

Competent  institutions 

Institutions  of  the  place  of  residence  and  institutions  of  the  place  of  stay 

. .. 

Liaison  bodies 

Page 

3 

9 

11 

18 

24 

31 

31 

33 

34 

34 

38 

40 

42 

44 

71 

88 

574/72 -  1 

Annex  5 

Annex  6 

Annex  7. 

Annex  8 

Annex  9 

Annex 10 

Annex 11 

Appendix 

Implementing  provisions  of bilateral  conventions which  remain  in  force 

Procedure  for  the  payment  of benefits 

Banks 

Grant  of family  benefits 

Calculation  of  the  average  annual  cost  of benefits  in kind 

Institutions  and bodies  designated by the  competent  authorities 

Schemes  referred  to in Article  35 (2) of  the Regulation 

Article  95 

96 

109 

111 

112 

114 

116 

135 

136 

THE  COUNCIL  OF THE  EUROPEAN  UNION, 

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

Having  regard  to  the  proposal  from  the  Commis 
sion  of  the  European  Communities, 

Having regard  to the opinion of the European  Par 
liament, 

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

Whereas  there  is a need  to lay down the  procedure 
for  implementing  Regulation  (EEC)  No  1408/71 
adapted  to  the  basic  rules  and  to  the  experience 
gained  in  applying  these  texts  over  the  years; 

Whereas  it is necessary, in particular, to specify  the 
competent  authorities  and  institutions  in  each 
Member  State  as well as the  liaison bodies  entitled 
to  exchange  information  directly  between  them 
selves; 

Whereas it is necessary to specify  the documents  to 
be  furnished  and  to  be  completed  by  the  persons 
concerned  in  order  to  obtain  benefits; 

(EEC)  No 

Whereas  it is necessary to specify  in detail the pro 
cedure  for  implementing the provisions  of.Regula-
tion 
the 
1408/71 
determination  of  the  legislation  applicable  as well 
as  the  provisions  concerning  the  different  cat 
egories  of  benefits; 

concerning 

Whereas  it  is  also  necessary  to  specify  the  condi 
tions for  the  refund  of benefits  provided  by the  in 
stitution  of  one  Member  State  on  behalf  of  the 
institution of another Member State, and the duties 
of  the  Audit  Board; 

Whereas it is necessary to lay down the methods of 
application  for  the  procedure  to  be  followed  for 
currency  conversion  within  the  framework  of  the 
European  Monetary  System; 

Whereas  it  is necessary,  with  a view to  facilitating 
communication  between  the  authorities  and  in 
stitutions of  the Member  States, to provide  for  the 
possibility  of electronic data  processing  in connec 
tion with  the  application  of  Regulation  (EEC)  No 
1408/71 

Whereas it should be made possible for Annexes 1, 
4, 5, 6, 7 and  8 to  Regulation  (EEC)  No  574/72  to 
be  amended  by means  of  a  regulation  adopted  by 
the  Commission  at  the  request  of  the  Member 
State  or  Member  States  concerned  or  their  com 
petent authorities and after  consultation of the Ad 
ministrative  Commission; whereas  the  sole  aim  of 
amending  these  Annexes  is  to  incorporate  into  a 
Community  instrument  decisions  adopted  by  the 
Member  States  concerned  or  by  their  competent 
authorities, 

HAS  ADOPTED  THIS  REGULATION: 

574/72 - 2 

TITLE  I 

GENERAL  PROVISIONS 

Article  1 

Definitions 

Article  4 

(9) 

Annexes 

For  the  purposes  of  this  Regulation: 

(a) 

'Regulation'  means  Regulation  (EEC)  No  1408/71; 

(b) 

'implementing  Regulation'  means  this  Regulation; 

(c) 

the  definitions  in  Article  1 of  the  Regulation  have  the 
meaning  assigned  to  them  in  the  said  Article. 

Article  2 

The  competent  authority  or  authorities  of  each 

1. 
Member  State  are  listed  in  Annex  1. 

The  competent  institutions  of  each  Member  State 

2. 
are  listed  in  Annex  2. 

3. 
The  institutions  of  the  place  of  residence  and  the 
institutions  of  the  place  of  stay  of  each  Member  State  are 
listed  in  Annex  3. 

Printed  model  forms  — Information  on legislations  — Guides 

4. 
The  liaison  bodies  designated  pursuant  to  Article 
3 (1)  of  the  implementing  Regulation  are  listed  in Annex  4. 

of 

Models 

certificates, 

statements, 
1. 
declarations,  applications  and  other  documents  necessary 
the 
for 
the  Regulation  and  of 
implementing  Regulation  shall  be  drawn  up  by 
the 
Administrative  Commission. 

the  application  of 

certified 

Two  Member  States  or  their  competent  authorities  may, by 
mutual  agreement  and  having  received  the  opinion  of  the 
Administrative  Commission,  adopt  simplified  forms  for  use 
between  them. 

For  the  benefit  of  the  competent  authorities  of  each 
2. 
Member  State, 
the  Administrative  Commission  may 
assemble  information  on  the  provisions  which  come  within 
the  scope  of  the  Regulation. 

The  Administrative  Commission  shall  prepare  guides 
3. 
for  the  purpose  of  advising  persons  concerned  of  their 
rights  and  of  the  administrative  formalities  to  be  completed 
for  the  exercise  of  those  rights. 

The  Advisory  Committee  shall  be  consulted  before  such 
guides  are  drawn  up. 

5. 
The  provisions  referred  to  in  Articles  5,  53  (3),  104, 
105  (2),  116  and  121  of  the  implementing  Regulation  are 
listed  in  Annex  5. 

the 

The  procedure  for  the  payment  of  benefits  chosen 
6. 
by 
in  each 
Member  State,  in  accordance  with  Article  53  (1)  of  the 
implementing  Regulation,  is  listed  in  Annex  6. 

for  payment 

responsible 

institutions 

7. 
The  names  and  registered  offices  or  places  of 
business  of  the  banks  referred  to  in  Article  55  (1)  of  the 
implementing  Regulation  are  listed  in  Annex  7. 

8. 
The  Member  States  to  which  the  provisions  of 
Article  10a  (1)  (d)  of  the  implementing  Regulation  apply 
in  their  dealings  with  each  other  are  listed  in  Annex  8. 

9. 
The  schemes  to  be  taken  into  consideration  when 
calculating  the  average  annual  cost  of  benefits  in  kind,  in 
accordance  with  Articles  94  (3)  (a)  and  *95-(3)  (a)  of  the 
implementing  Regulation,  are  listed  in  Annex  9. 

Article  3 

(7) 

Liaison  bodies  — Communications  between  institutions  and 
between  beneficiaries  and  institutions 

10.  Annex  10  lists  the  institutions  or  bodies  designated 
by  the  competent  authorities  pursuant,  in  particular,  to  the 
following  provisions: 

1. 
The  competent  authorities  may  designate 
bodies  which  may  communicate  direcdy  with  each  other. 

liaison 

2.  Any  institution  of  a  Member  State,  and  any  person 
residing  or  staying  in  the  territory  of  a  Member  State,  may 
make  application  to  the  institution  of  another  Member 
State,  either  directly  or  through  the  liaison  bodies. 

3. 
Decisions  and  other  documents  emanating  from  an 
institution  of  a  Member  State  and  intended  for  persons 
residing  or  staying  in  the  territory  of  another  Member 
State  may  be  communicated  directly  by  registered  letter 
with  acknowledgement  of  receipt. 

(a)  Regulation:  Article  14c,  Article  14d  (3)  and  17; 

(b) 

implementing  Regulation:  Article  6  (1),  Article  8, 
Articles  10b,  11  (1),  11a  (1),  12a,  13  (2)  and  (3), 
14(1),  (2)  and  (3),  38  (1),  70  (1),  80  (2),  81,  82  (2), 
85  (2),  86  (2),  89  (1),  91(2),  102  (2),  109,  110, 
113(2). 

11.  Annex  11 lists  the  scheme  or  schemes  referred  to  in 
Article  35  (2)  of  the  Regulation. 

574/72  -  3 

IMPLEMENTATION  OF  THE  GENERAL  PROVISIONS  OF  THE  REGULATION 

TITLE  II 

Implementation  of  Articles  6  and  7  of  the  Regulation 

Article  5 

Replacement by the implementing Regulation of arrangements for 
implementing  conventions 

the 

The  provisions  of 
implementing  Regulation  shall 
replace  those  of  the  arrangements  for  implementing  the 
conventions  referred  to  in  Article  6 of  the  Regulation;  they 
the 
relating 
replace 
also 
shall 
implementation  of 
the  conventions 
referred  to  in  Article  7  (2)  (c)  of  the  Regulation  in  so  far 
as  they  are  not  listed  in  Annex  5. 

the  provisions 
the  provisions  of 

to 

Implementation  of  Article  9  of  the  Regulation 

Article  6 

Admission  to voluntary  or  optional  continued  insurance 

the 
If,  by  virtue  of  Articles  9  and  15  (3)  of 
1. 
Regulation,  a  person  satisfies  the  conditions  for  admission 
to  a  voluntary  or  optional  continued  insurance  in  respect 
of  invalidity,  old  age  and  death  (pensions) 
in  several 
schemes  under  the  legislation  of  one  Member  State,  and  if 
he  has  not  been  subject  to  compulsory  insurance  under  one 
of  those  schemes  by  virtue  of  his  last  employment  or 
self-employment  he  may,  under  the  said  Articles,  join  the 
voluntary  or  optional  continued  insurance  scheme  specified 
by  the  legislation  of  that  Member  State  or,  failing  that,  the 
scheme  of  his  choice. 

2. 
In  order  to  invoke  the  provisions  of  Article  9  (2)  of 
the  Regulation,  a  person  shall  submit  to  the  institution  of 
the  Member  State  in  question  a certified  statement  relating 
to  the  insurance  periods  or  periods  of  residence  completed 
under  the  legislation  of  any  other  Member  State.  Such 
certified  statement  shall  be  issued,  at  the  request  of  the 
person  concerned,  by  the  institution  or  institutions  who 
administer  the  legislations  under  which  he  has  completed 
those  periods. 

Implementation  of  Article  12  of  the  Regulation 

2. 
In  order  to  implement  Article  12  (2),  (3)  and  (4), 
Article  46a,  Article  46b  and  Article  46c  of  the  Regulation, 
the  competent  institutions  concerned  shall  provide  each 
other, 
appropriate 
information. 

request,  with 

their  own 

all 

at 

Article  8 

(5) 

Rules  applicable  in  the  case of overlapping  of  rights  to  sickness 
or  maternity  benefits  under  the  legislation  of several  Member 
States 

1. 
If  an  employed  or  self-employed  person  or  a 
member  of  his  family  is entitled  to  claim  maternity  benefits 
under  the  legislations  of  two  or  more  Member  States, 
the 
those  benefits  shall  be  granted  exclusively  under 
legislation  of  the  Member  State  in  whose  territory  the 
confinement  took  place  or,  if  the  confinement  did  not  take 
place  in  the  territory  of  one  of  these  Member  States, 
exclusively  under  the  legislation  of  the  Member  State  to 
the  employed  or  self-employed  person  was  last 
which 
subject. 

2. 
If  an  employed  or  self-employed  person  is  entitled 
to  claim  sickness  benefits  under  the  legislation  of  Ireland 
and  the  United  Kingdom  for  the  same  period  of  incapacity 
for  work,  those  benefits  shall  be  granted  exclusively  under 
the  legislation  of  the  Member  State  to  which  the  person 
concerned  was  last  subject. 

In  the  cases  referred  to  in  Article  14c  (b)  of  the 
3. 
Regulation,  where  the  person  in  question  or  a  member  of 
his  family  is  entitled  to  claim  benefits  in  kind  in  respect  of 
sickness  or  maternity  under 
in 
questions,  the  following  rules  shall  be  applicable: 

legislations 

two 

the 

(a)  Where  at  least  one  of  those  legislations  stipulates  that 
the  benefits  shall  be  awarded 
the  form  of  a 
reimbursement  to  the  person  entitled  to  benefit,  this 
shall  be  the  exclusive  responsibility  of  the  institution 
of  the  Member  State  in  whose  territory  they  have 
been  awarded. 

in 

(b) 

If  the  benefits  have  been  awarded  in  the  territory  of  a 
Member  State  other  than  the  two  Member  States  in 
question,  they  shall  be  the  exclusivè"~rësponsibility  of 
the 
to  whose 
legislation  the  person  in  question  is  subject  by  virtue 
of  his  paid  employment. 

the  Member  State 

institution  of 

Article  7 

(11) 

Article  8a 

General  rules  on  the application  of the  provisions  designed  to 
prevent  overlapping 

1.  Where  the  benefits  due  under  the  legislation  of  two 
or  more  Member  States  are  conditional  upon  mutual 
reductions,  suspensions  or  withdrawals,  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. 

Rules  applicable  in  the  case of overlapping  of rights  to  sickness 
benefits,  benefits  with  respect  to accidents  at  work or 
occupational  disease  under  Greek  legislation  and  the  legislation 
of one or  more other  Member  States 

If  during  the  same  period  an  employed  or  self-employed 
person  or  member  of  his  family  is entitled  to  claim  sickness 
benefits,  benefits  with  respect  to  accidents  at  work  or 
occupational  disease  under  Greek  legislation  and  under  the 
legislation  of  one  or  more  Member  States,  these  benefits 
shall  be  granted  exclusively  under  the  legislation  to  which 
the  person  concerned  was  last  subject. 

574/72 -  4 

Article  9 

(5) 

Rules  applicable  in  the case  of  overlapping  of rights to death 
grants  under  the legislation  of  several  Member  States 

(b)  However,  where  a professional  or  trade  activity  is 
carried  out  in  the  territory  of  the  first  Member 
State: 

the  death  occurs 

1.  Where 
territory  of  a 
Member  State,  the  right  to  a  death  grant  acquired  under 
the 
that  Member  State  only  shall  be 
maintained,  whilst  the  right  acquired  under  the  legislation 
of  any  other  Member  State  shall  lapse. 

legislation  of 

the 

in 

the 

2.  Where 
the  death  occurs  in  the  territory  of  one 
Member  State  when  the  right  to  a  death  grant  has  been 
acquired  under 
two  or  more  other 
legislation  of 
Member  States,  or  where  the  death  occurs  outside  the 
territory  of  the  Member  States  and  the  said  right  has  been 
acquired  under  the  legislation  of  two  or  more  Member 
States,  only  the  right  acquired  under  the  legislation  of  the 
Member  State  to  which  the  deceased  person  was  last 
subject  shall  be  maintained,  whilst  the  right  acquired  under 
the  legislation  of  any  other  Member  State  shall  lapse. 

instances 

By  way  of  derogation  from  paragraphs  1  and  2  in 
3. 
the 
the 
Regulation,  entitlement  to  death  grants  acquired  under  the 
legislation  of  each  of  the  two  Member  States  concerned 
referred  to  in  Annex  VII  shall  be  retained. 

in  Article  14c  (b)  of 

referred 

to 

Article  9a 

Rules  applicable  in  the case  of overlapping  of rights  to 
unemployment  benefits 

self-employment  pursuant 

If  an  employed  or  self-employed  person,  entitled 
to 
unemployment  benefits  under  the  legislation  of  a  Member 
State  to  which  he  was  subject  during  his  last  employment 
or 
the 
Regulation,  goes  to  Greece  where  he  is  also  entitled  to 
unemployment  benefits  by  virtue  of  a  period  of  insurance, 
employment  or  self-employment  previously  completed 
under  Greek  legislation,  the  right  to  benefits  under  Greek 
legislation  shall  be  suspended  for  the  period  laid  down  in 
Article  69  (1)  (c)  of  the  Regulation. 

to  Article  69  of 

Article  10 

(12)  (13) 

Rules  applicable  in  the  case of overlapping  of rights  to  family 
benefits  or  family  allowances  for  employed  or  self-employed 
persons 

1. 

of 

the 

(a)  Entitlement  to  benefits  or  family  allowances  due 
under 
legislation  of  a  Member  State, 
according  to  which  acquisition  of  the  right  to 
to 
those  benefits  or  allowances  is  not  subject 
insurance, 
conditions 
or 
employment 
suspended  when, 
self-employment, 
shall  be 
during 
the  same 
member  of  the  family,  benefits  are  due  only  in 
pursuance  of  the  national  legislation  of  another 
Member  State  or  in  application  of  Articles  73, 
74,  77  or  78  of  the  Regulation,  up  to  the  sum  of 
those  benefits. 

the  same  period  and 

for 

(i) 

(ii) 

in  the  case  of  benefits  due  either  only  under 
legislation  of  another  Member 
national 
State  or  under  Articles  73  or  74  of  the 
Regulation  to  the  person  entitled  to  family 
benefits  or  to  the  person  to  whom  they  are 
to  be  paid,  the  right  to  family  benefits  due 
either  only  under  national  legislation  of  that 
other  Member  State  or  under  these  Articles 
shall  be  suspended  up  to  the  sum  of  family 
benefits  provided  for  by  the  legislation  of 
the  Member  State  in  whose  territory  the 
member  of  the  family  is  residing.  The  cost 
of  the  benefits  paid  by the  Member  State  in 
whose  territory  the  member  of  the  family  is 
residing  shall  be  borne  by  that  Member 
State; 

in  the  case  of  benefits  due  either  only  under 
legislation  of  another  Member 
national 
the 
State  or  under  Articles  77  or  78  of 
Regulation,  to  the  person  entitled  to  these 
benefits  or  to  the  person  to  whom  they  are 
payable,  the  right  to  these  family  benefits  or 
family  allowances  due  either  only  under  the 
national  legislation  of  that  other  Member 
State  or  in  application  of  those  Articles  shall 
be  suspended;  where  this  is  the  case,  the 
person  concerned  shall  be  entitled  to  the 
family  benefits  or  family  allowances  of  the 
the 
in  whose 
Member  State 
children  reside,  the  cost  to  be  borne  by  that 
Member  State,  and,  where  appropriate,  to 
benefits  other  than  the  family  allowances 
referred  to  in  Article  77 or  Article  78 of  the 
Regulation,  the  cost  to  be  borne  by  the 
competent  State 
those 
Articles. 

as  defined  by 

territory 

If  an  employed  person  subject  to  the  legislation  of  a 
2. 
Member  State  is  entitled  to  family  allowances  by  virtue  of 
periods  of  insurance  or  employment  previously  completed 
under  Greek 
legislation,  this  right  shall  be  suspended 
where,  during  the  same  period  and  for  the  same  member 
of  the  family,  family  benefits  or  allowances-are  due  under 
the 
to 
legislation  of  the  first  Member  State  pursuant 
Articles  73  and  74  of  the  Regulation,  up  to  the  sum  of 
those  benefits. 

Where  family  benefits  are  due,  over  the  same  period 
3. 
and  for  the  same  member  of  the  family,  from  two  Member 
States  pursuant  to  Articles  73  and/or  74  of  the  Regulation, 
the  competent 
the  Member  State  with 
legislation  providing  for  the  highest  levels  of  benefit  shall 
pay  the  full  amount  of  such  benefit  and  be  reimbursed  half 
this  sum  by the  competent  institution  of  the  other  Member 
State  up  to  the  limit  of  the  amount  provided  for  in  the 
legislation  of  the  latter  Member  State. 

institution  of 

574/72 -  5 

Article  10a 

(8) 

Rules  applicable  where an  employed  or  self-employed  person  is 
subject  successively  to the legislation  of several Member  States 
during  the  same  period  or  part  of a period 

Where  an  employed  or  self-employed  person  has  been 
subject  successively  to  the  legislation  of  two  Member  States 
during  the  period  separating  two  dates  for  the  payment  of 
family  benefits  as  provided  for  by  the  legislation  of  one  or 
both  of  the  Member  States  concerned,  the  following  rules 
shall  apply: 

(a)  The  family  benefits  which  the  person  concerned  may 
claim  by  virtue  of  being  subject  to  the  legislation  of 
each  one  of  these  States  shall  correspond 
to  the 
number  of  daily  benefits  due  under 
the  relevant 
legislation.  Where  such  legislation  does  not  provide 
for  daily  benefits,  the  family  benefits  shall  be  granted 
in  proportion  to  the  length  of  time  during  which  the 
person  concerned  has  been  subject  to  the  legislation 
of  each  one  of  the  Member  States  in  relation  to  the 
period  fixed  by  the  legislation  concerned. 

(b)  Where  the  family  benefits  have  been  provided  by  an 
institution  during  a  period  when  they  should  have 
been  provided  by another  institution,  there  shall be  an 
adjustment  of  accounts  between  the  said  institutions. 

the 

(c)  For  the  purposes  of  subparagraphs  (a)  and  (b),  where 
periods  of  employment  or  self-employment  completed 
under 
legislation  of  one  Member  State  are 
expressed  in  units  different  from  those  which  are  used 
for 
the 
the  calculation  of  family  benefits  under 
legislation  of  another  Member  State  to  which  the 
person  concerned  has  also  been  subject  during  the 
same  period,  the  conversion  shall  be  carried  out  in 
accordance  with  the  provisions  of  Article  15 (3)  of  the 
implementing  Regulation. 

(d)  Notwithstanding  the  provisions  of  subparagraph  (a),  in 
respect  of  dealings  between  the  Member  States  listed 
the 
in  Annex  8  to  the 
institution  bearing  the  costs  of  the  family  benefits  by 
reason  of  the  first  employment  or  self-employment 
during  the  period  concerned  shall"  bear  such  costs 
throughout  the  entire  current  period. 

implementing  Regulation, 

IMPLEMENTATION  OF  THE  PROVISIONS  OF  THE  REGULATIONS  FOR  DETERMINING  THE  LEGISLATION 
APPLICABLE 

TITLE  III 

Implementation  of  Articles  13  to  17  of  the  Regulation 

Article  10b 

(9) 

Formalities  pursuant  to Article  13 (2)  (f)  of the  Regulation 

in  Article  13  (2) 

in  accordance  with 

The  date  and  conditions  on  which  the  legislation  of  a 
Member  State  ceases  to  be  applicable  to  a  person  referred 
the  Regulation  shall  be 
to 
(f)  of 
determined 
legislation.  The 
institution  designated  by  the  competent  authority  of  the 
Member  State  whose  legislation  becomes  applicable  to  this 
person  shall  apply  to  the  institution  designated  by  the 
competent  authority  of  the  former  Member  State  with  a 
request  to  specify  this  date. 

that 

Article  11 

Formalities  in  the case of  the  posting  elsewhere  of an  employed 
person  pursuant  to Articles  14 (1) and  14b  (1) of the  Regulation 
and  in  the  case of Agreements  concluded  under  Article  17 of the 
Regulation 

The 

institutions  designated  by 

competent 
1. 
authority  of  the  Member  States  whose  legislation  is  to 
remain  applicable  shall  issue  a  certificate  stating  that  an 
employed  person  shall  remain  subject  to  that  legislation  up 
to  a  specific  date: 

the 

(a)  at 

the  request  of 

the  employed  person  or  his 
employer  in  cases  referred  to  in  Articles  14  (1)  and 
14b  (1)  of  the  Regulation; 

(b) 

in  cases  where  Article  17  of  the  Regulation  applies. 

2. 
The  consent  provided  for  in  cases  referred  to  in 
Articles  14  (1)  (b)  and  14b  (1)  of  the  Regulation  shall  be 
requested  by  the  employer. 

Article 11a 

Formalities  pursuant  to Articles  14a  (1) and  14b (2)  of  the 
Regulation  and  in  the case of Agreements concluded  under 
Article  17 of the Regulation  in  the case  of work carried  out  in 
the territory  of a Member  State other  than  that  in which  the 
person  concerned  is normally  self-employed 

The 

institution  designated  by 

competent 
1. 
authority  of  the  Member  State  whose  legislation  is"  to 
remain  applicable  shall  issue  a  certificate  stating  that  the 
self-employed  person 
that 
legislation  up  to  a  specified  date: 

remain 

subject 

shall 

the 

to 

(a)  at  the  request  of  the  self-employed  person  in  cases 
referred  to  in  Articles  14a  (1)  and  14b  (2)  of  the 
Regulation; 

(b) 

in  cases  where  Article  17  of  the  Regulation  applies. 

574/72  -  6 

in 

the  Member  State 

(a)  Where,  in  accordance  with  Article  14  (2)  (b)  (i) 
or  the  first  sentence  of  paragraph  2  of  Article 
14a  of  the  Regulation,  a  person  who  is  normally 
employed  or  self-employed  in  the  territory  of  two 
or  more  Member  States  and  who  pursues  part  of 
his  activity 
in  whose 
territory  he  resides  is  subject  to  the  legislation  of 
that  Member  State,  the  institution  designated  by 
the  competent  authority  of  that  Member  State 
shall  issue  to  the  person  concerned  a  certificate 
stating  that  he  is  subject  to  its  legislation  and 
institution 
thereof 
shall  send  a  copy 
designated  by  the  competent  authority  of  any 
other  Member  State: 

the 

to 

(i) 

(ii) 

the 

in 
territory  of  which 
concerned  pursues  a  part  of  his  activity, 

the  person 

and/or 

if  he  is  an  employed  person,  in  the  territory 
of  which  an  undertaking  or  an  employer  by 
whom  he  is  employed  has  its  registered 
office  or  place  of  business. 

(b)  The  later  institution  shall,  where  necessary,  send 
to  the  institution  designated  by  the  competent 
authority  of  the  Member  State  whose  legislation 
is  applicable  the  information  necessary  to  assess 
the  contributions  for  which 
the  employer  or 
employers  and/or  the  person  concerned  are  liable 
by  virtue  of  that  legislation. 

(a)  Where,  in  accordance  with  Article  14  (3)  or  14a 
(3)  of  the  Regulation,  a  person  who  is  employed 
in  the  territory  of  one  Member  State  by  an 
undertaking  which  has  its  registered  office  or 
territory  of  another 
place  of  business  in  the 
Member  State  and  which  straddles  the  common 
frontier  of  those  States,  or  who  is  self-employed 
in  such  an  undertaking, 
the 
to 
in  whose 
legislation  of 
territory  the  undertaking  has  its  registered  office 
or  place  of  business,  the  institution  designated  by 
the  competent  authority  of  the  latter  Member 
the  person  concerned  a 
to 
State  shall 
its 
is  subject 
that  he 
certificate 
legislation  and  shall  send  a  copy  thereof  to  the 
institution  designated  by the  competent  authority 
of  any  other  Member  State: 

the  Member  State 

issue 
stating 

is  subject 

to 

(i) 

(ii) 

the 

territory  of  whieh 
in 
concerned  is  employed  or  self-employed; 

the  person 

the 

in 
concerned  resides. 

territory  of  which 

the  person 

(b)  Paragraph  2  (b)  above  shall  apply  by  analogy. 

2. 
The  consent  provided  for  in  cases  referred  to  in 
Articles  14a  (1)  (b)  and  14b  (2)  of  the  Regulation  shall  be 
requested  by  the  self-employed  person. 

2. 

Article  12 

Special  provisions  concerning  insurance  of employed  persons 
under  the German  social  security  scheme 

to  Article  17  of 

Where,  under  the  terms  of  Articles  13  (2)  (a),  14  (1)  and 
(2)  or  14b  (1)  of  the  Regulation,  or  under  an  agreement 
the  Regulation, 
concluded  pursuant 
German  legislation  applies  to  a  person  employed  by  an 
undertaking  or  employer  whose  registered  office  or  place 
of  business  is  not  situated  on  German  territory,  and  the 
person  concerned  has  no  fixed  job  on  German  territory, 
this  legislation  shall  apply  as  if  the  person  concerned  were 
employed  in  his  place  of  residence  on  German  territory. 

If  the  employed  person  has  no  residence  on  German 
territory,  German  legislation  shall  apply  as  if  he  were 
employed 
the  Allgemeine 
Ortskrankenkasse  Bonn  (Local  General  Sickness  Fund  of 
Bonn),  Bonn,  is  competent. 

for  which 

a  place 

in 

Article  12a  (5) 

Rules  applicable  in  respect  of  the  persons  referred  to in Articles 
14 (2)  (b), 14 (3), 14a  (2)  to  (4)  and  14c of the  Regulation who 
normally  engage in employment  and/or  self-employment  in the 
territory  of two or  more Member  States 

For  the  purposes  of  Article  14  (2)  (b),  14  (3),  14a  (2)  to 
(4)  and  14c  of  the  Regulation,  the  following  rules  shall 
apply: 

3. 

1. 

(a)  A  person  who  normally  pursues  his  activity  in  the 
territory  of  two  or  more  Member  States  or  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,  or  who 
is  employed 
simultaneously  in  the  territory  of  one  Member 
State  and  self-employed 
territory  of 
another  Member  State  shall  notify  this  situation 
to  the  institution  designated  by  the  competent 
authority  of  the  Member  State  in  the  territory  of 
which  he  resides. 

the 

in 

the  person  resides 

(b)  Where  the  legislation  of  the  Member  State  in  the 
is  not 
territory  of  which 
applicable  to  him,  the  institution  designated  by 
the  competent  authority  of  that  Member  State 
shall  in  turn  notify  the  situation  to  the  institution 
designated  by  the  competent  authority  of  the 
Member  State  whose  legislation  is  applicable. 

574/72  -  7 

(a)  Where,  in  accordance  with  Article  14  (2)  (b)  (ii) 
of  the  Regulation,  an  employed  person  who  does 
not  reside  in  the  territory  of  any  of  the  Member 
States  in  which  he  is  pursuing  his  activity,  is 
subject  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,  the  institution  designated  by  the 
competent  authority  of  the  latter  Member  State 
shall  issue  to  the  employed  person  a  certificate 
stating  that  he  is  subject  to  its  legislation  and 
shall  send  a  copy 
institution 
thereof 
designated  by  the  competent  authority  of  any 
other  Member  State: 

the 

to 

(i) 

(ii) 

the 

in 
territory  of  which 
person  pursues  a  part  of  his  activity; 

the  employed 

the 

in 
person  resides. 

territory  of  which 

the  employed 

6. 

(b)  Paragraph  2  (b)  above  shall  apply  by  analogy. 

(a)  Where,  in  accordance  with  the  provisions  of  the 
second  sentence  of  paragraph  2  of  Article  14a  of 
the  Regulation,  a  person  who 
is  normally 
in  the  territory  of  two  or  more 
self-employed 
Member  States  but  who  does  not  pursue  any  part 
of  his  activity  in  the  territory  of  the  Member 
to 
State 
the 
legislation  of 
in  whose 
territory  he  pursues  his  principal  activity,  the 
institution  designated  by  the  competent  authority 
of  the  Member  State  in  the  territory  of  which  he 
resides  shall  forthwith 
institution 
designated  by  the  competent  authorities  of  the 
other  Member  States  concerned. 

in  which  he  resides, 

the  Member  State 

is  subject 

inform 

the 

7. 

by 

shall 

authorities 

(b)  The  competent  authorities  of  the  Member  States 
concerned  or  the  institutions  designated  by  those 
common 
competent 
agreement  determine  the  legislation  applicable  to 
the  person  concerned,  account  being  taken  of  the 
provisions  of 
(d)  and,  where 
appropriate,  of  the  provisions  of  Article  14a  (4) 
of  the  Regulation,  within  a  period  of  not  more 
than  six  months  counting  from  the  day  on  which 
the  situation  of 
the  person  concerned  was 
notified  to  one  of  the  institutions  concerned. 

subparagraph 

taken 

(d)  For  the  purpose  of  determining,  in  pursuance  of 
the 
the 
third  sentence  of  Article  14a  (2)  of 
Regulation,  the  principal  activity  of  the  person 
first  and 
concerned,  account  shall  be 
foremost  of  the  locality  in  which  the  fixed  and 
the  person 
permanent  premises 
from  which 
concerned  pursues  his  activities 
is  situated. 
Failing  this,  account  shall  be  taken  of  criteria 
such  as  the  usual  nature  or  the  duration  of  the 
services 
activities  pursued, 
rendered  and 
those 
the 
activities. 

the  number  of 
income  arising  from 

(e)  The 

institution  concerned  shall  exchange  all 
information  necessary 
the 
principal  activity  of  the  person  concerned  and  the 
contributions  payable  under  the  legislation  that 
has  been  determined  as  being  applicable  to  him. 

to  determine  both 

(a)  Without  prejudice 

to  paragraph  5,  and 

in 
particular  to  subparagraph  (b)  thereof,  if  the 
institution  designated  by  the  competent  authority 
of  the  Member  State  whose  legislation  would  be 
applicable  by  virtue  of  Article  14a  (2)  or  (3)  of 
the  Regulation  establishes  that  the  provisions  of 
paragraph  4  of  the  said  Article  apply  in  the  case 
it  shall  notify 
of 
the 
the  person  concerned, 
the  other  Member 
competent  authorities  of 
States  concerned  or  the  institutions  designated  by 
those  authorities; where  necessary,  the  legislation 
to  be  applicable  to  the  person  concerned  shall  be 
decided  on  by  common  agreement. 

(b)  The  information  referred  to  in  paragraph  2  (b) 
above  shall  be  sent  by  the  other 
institutions 
concerned  to  the  institutions  designated  by  the 
competent  authority  of  the  Member  State  whose 
legislation  is  determined  to  be  applicable. 

a 

is 

(a)  Where,  in  accordance  with  Article  14c  (a)  of  the 
Regulation, 
employed 
person  who 
simultaneously  in  the  territory  of  one  Member 
in  the  territory  of 
State  and  is  self-employed 
the 
is 
another  Member  State, 
legislation  of 
in  whose 
territory  he  is  engaged  in  paid  employment,  the 
institution  designated  by the  competent  authority 
of  the  latter  Member  State  shall  issue  to  the 
employed  person  a  certificate  stating  that  he  is 
subject  to  its  legislation  and  shall  send  a  copy 
thereof 
the 
competent  authority  of  any  othct-Member  State: 

institution  designated  by 

the  Member  State 

subject 

the 

to 

to 

(c)  The  institution  administering  the  legislation  that 
has  been  determined  as  being  applicable  to  the 
person  concerned  shall  issue  a  certificate  to  that 
person  showing 
that 
legislation  and  shall  send  a  copy  thereof  to  the 
other  institutions  concerned. 

is  subject 

that  he 

to 

(i) 

in  the 
self-employed; 

territory  of  which 

that  person 

is 

(ii) 

in  the  territory  of  which  that  person  resides, 

(b)  Paragraph  2  (b)  above  shall  apply  by  analogy. 

574/72 -  8 

in 

the 

(b)  of 

a  person  who 

the  Regulation, 

Where,  in  accordance  with  the  provisions  of  Article 
14c 
is 
territory  of  one 
simultaneously  employed 
Member  State  and  self-employed  in  the  territory  of 
another  Member  State  is  subject  to  the  legislation  of 
two  Member  States,  the  provisions  of  points  1,  2,  3 
and  4  shall  be  applicable 
respect  of  paid 
employment,  and  the  provisions  of  points  1,  2,  3,  5 
and  6  shall  be  applicable  mutatis  mutandis  in  respect 
of  self-employment. 

in 

designated 

institutions 

competent 
The 
authorities  of 
two  Member  States,  whose 
legislation  is determined  to  be  applicable,  shall  inform 
each  other  accordingly. 

the 

the 

by 

Article  13 

Exercise  of the  right  of option  by persons  employed by 
diplomatic  missions  and  consular  posts 

in  the  first 

The  right  of  option  provided  for  in  Article  16  (2)  of 
1. 
the  Regulation  must  be  exercised 
instance 
within  the  three  months  following  the  date  on  which  the 
employed  person  was  engaged  by the  diplomatic  mission  or 
consular  post  concerned,  or  on  which  he  entered  into  the 
personal  service  of  agents  of  such  mission  or  post.  The 
option  shall 
into 
employment. 

the  date  of  entry 

take  effect  on 

When  the  person  concerned  renews  his  right  of  option  at 
the  end  of  a  calendar  year,  the  option  shall  take  effect  on 
the  first  day  of  the  following  calendar  year. 

inform 

institution  designated  by 

The  person  concerned  who  exercises  his  right  of 
2. 
the 
option  shall 
the 
competent  authority  of 
the  Member  State  for  whose 
legislation  he  has  opted,  at  the  same  time  notifying  his 
shall,  where 
said 
employer 
necessary,  forward  such  information  to  all  other  institutions 
of  the  same  Member  State,  in  accordance  with  directives 
issued  by  the  competent  authority  of  that  Member  State. 

thereof.  The 

institution 

by 

the 

The 

institution  designated 

competent 
3. 
authority  of  the  Member  State  for  whose  legislation  (he 
person  concerned  has  opted,  shall  issue  to  him  a  certificate 
testifying 
that 
Member  State  while  he  is  employed  by  the  diplomatic 
mission  or  consular  post  in  question  or  in  the  personal 
s e r ' ce  of  agents  of  such  mission  or  post. 

legislation  of 

is  subject 

that  he 

the 

to 

4.  Where  the  person  concerned  has  opted  for  German 
legislation  to  be  applied,  the  provisions  of  that  legislation 
shall  be  applied  as  though  he  were  employed  in  the  place 
where 
its  seat.  The 
competent  authority  shall  designate  the  competent  sickness 
insurance  institution. 

the  German  Government  has 

Article  14 

Exercise  of right  of option  by auxiliary  staff  of the  European 
Communities 

The  right  of  option  provided  for  in  Article  16  (3)  of 
1. 
the  Regulation  must  be  exercised  at  the  time  when  the 
is  concluded.  The  authority 
contract  of  employment 
empowered  to  conclude  such  contract  shall  inform 
the 
institution  designated  by  the  competent  authority  of  the 
the  auxiliary  staff 
Member  State  for  whose  legislation 
member  has  opted.  The  said 
institution  shall,  where 
necessary,  forward  such  information  to  all  other  institutions 
of  the  same  Member  State. 

The 

institution  designated  by 

2. 
competent 
authority  of  the  Member  State  for  whose  legislation  the 
auxiliary  staff  member  has  opted  shall  issue  to  him  a 
certificate  testifying  that  he  is  subject  to  the  legislation  of 
that  Member  State  while  he  is  employed  by  the  European 
Communities  as  an  auxiliary  staff  member. 

the 

3. 
The  competent  authorities  of  the  Member  States 
shall,  where  necessary,  designate  the  competent  institutions 
in  respect  of  members  of 
the 
European  Communities. 

the  auxiliary  staff  of 

Where  an  auxiliary  staff  member,  employed  in  the 
4. 
territory  of  a  Member  State  other  than  Germany,  has 
opted  for  German  legislation  to  be  applied,  the  provisions 
of  that  legislation  shall  be  applied  as  though  that  auxiliary 
staff  member  were  employed 
the 
German  Government  has  its  seat.  The  competent  authority 
shall  designate  the competent  sickness  insurance  institution. 

in  the  place  where 

IMPLEMENTATION  OF  THE  SPECIAL  PROVISIONS  OF  THE  REGULATION  RELATING  TO  THE  VARIOUS 
CATEGORIES  OF  BENEFITS 

TITLE  IV 

CHAPTER  1 

GENERAL  RULES  FOR  THE  AGGREGATION  OF 
PERIODS 

Article  15 

( A ) ( 5 ) ( H) 

(3),  64,  and  67  (1)  and 

In  the  cases  referred  to  in  Articles  18  (1),  38, 45  (1) 
1. 
to 
the  Regulation, 
aggregation  of  periods  shall  be  effected  in  accordance  with 
the  following  rules: 

(2)  of 

(a)  To  periods  of  insurance  or  residence  completed  under 
the  legislation  of  one  Member  State  shall  be  added 
periods  of  insurance  or  residence  completed  under  the 
legislation  of  any  other  Member  State,  to  the  extent 
that  this  is necessary  to  have  recourse  thereto  in  order 
residence 
to  supplement  periods  of 
completed  under  the  legislation  of  the  first  Member 
State  for 
the  purpose  of  acquiring,  retaining,  or 
recovering  the  rights  to  benefits,  provided  that  such 
periods  of  insurance  or  residence  do  not  overlap. 
Where  benefits  in  respect  of  invalidity,  old  age  or 
death  (pensions)  are  to  be  awarded  by  the  institutions 
of  two  or  more  Member  States  in  accordance  with  the 
provisions  of  Article  46  (2)  of  the  Regulation,  each  of 

insurance  or 

574/72  -  9 

or 

under 

person 

self-employed 

the 
institutions  concerned  shall  effect  a  separate 
aggregation,  by  taking  into  account  the  whole  of  the 
periods  of  insurance  or  residence  completed  by  the 
employed 
the 
legislations  of  all  the  Member  States  to  which  he  has 
been  subject,  without  prejudice,  where  appropriate,  to 
the  provisions  of  Article  45  (2)  and  (3)  and  Article  47 
(1)  (a)  of  the  Regulation.  Nevertheless,  in  the  cases 
referred  to  in  Article  14c  (b)  of  the  Regulation,  the 
abovementioned 
take 
account,  for  the  award  of  benefits,  of  the  periods  of 
residence  completed  under  an 
insurance  or  of 
obligatory  insurance  scheme  under  the  legislation  of 
the  two  Member  States  in  question  which  overlap 
each  other. 

institutions 

likewise 

shall 

(b)  When  a  period  of  insurance  or  residence  completed 
under  compulsory  insurance  under  the  legislation  of 
one  Member  State  coincides  with  a  period  of 
insurance  completed  under  voluntary  or  optional 
continued  insurance  under  the  legislation  of  another 
Member  State,  only 
the  period  completed  under 
compulsory  insurance  shall  be  taken  into  account. 

as 

treated 

(c)  When  a period  of  insurance  or  residence, other  than  a 
period 
the 
legislation  of  one  Member  State  coincides  with  a 
period  treated  as such  under  the  legislation  of  another 
Member  State,  only  the  period  other  than  a  period 
treated  as  such  shall  be  taken  into  account. 

such,  completed  under 

(d)  Any  period  treated  as  such  under  the  legislations  of 
two  or  more  Member  States  shall  be  taken 
into 
account  only  by  the  institution  of  the  Member  State 
under  whose  legislation  the  insured  person  was  last 
compulsorily  insured  prior  to  the  said  period;  where 
the  insured  person  has  not  been  compulsorily  insured 
under  the  legislation  of  a  Member  State  before  the 
said  period,  the  latter  shall  be  taken  into  account  by 
the  institution  of  the  Member  State  under  whose 
legislation  he  was  compulsorily  insured  for  the  first 
time  after  the  said  period. 

(e)  Where  it  is  not  possible  to  "determine  accurately  the 
period  of  time  in  which  certain  periods  of  insurance 
or  residence  were  completed  under  the  legislation  of 
one  Member  State,  such  periods  shall  be  presumed 
not  to  overlap  with  periods  of  insurance  or  residence 
completed  under  the  legislation  of  another  Member 
State  and  shall,  where  advantageous,  be  taken  into 
account. 

(f)  Where  under  the  legislation  of  one  Member  State 
certain  periods  of  insurance  or  residence  are  taken 
into  account  only  if  they  have  been  completed  within 
a  specified  time  limit,  the  institution  which  administers 
such  legislation  shall: 

(i)  only  take  into  account  periods  of  insurance  or 
residence  completed  under 
legislation  of 
another  Member  State  if  they  were  completed 
within  the  said  time  limit, 

the 

(ii)  extend  such  a  time  limit  for  the  duration  of 
insurance  or  residence  completed 
periods  of 
wholly  or  partly  within  the  said  time  limit  under 
the  legislation  of  another  Member  State,  where 
the  periods  of  insurance  or  residence  involved 
under  the  legislation  of  the  second  Member  State 
give  rise  only  to  the  suspension  of  the  time  limit 
within  which 
insurance  or 
the  periods  of 
residence  must  be  completed. 

2. 
Periods  of  insurance  or  residence  completed  under 
the  legislation  of  a  Member  State  to  which  the  Regulation 
does  not  apply,  but which  are  taken  into  account  under  the 
legislation  of  that  Member  State  to  which  the  Regulation 
does  apply,  shall  be  considered  as  periods  of  insurance  or 
residence  to  be  taken  into  account  for  the  purposes  of 
aggregation. 

3.  When  periods  of  insurance  completed  under 
the 
legislation  of  one  Member  State  are  expressed  in  units 
different  from  those  used  by  the  legislation  of  another 
Member  State,  the  conversion  necessary-for  the  purposes 
the 
of  aggregation  shall  be  carried  out  according 
following  rules: 

to 

(a)  Where  the  person  concerned  is  an  employed  person 
who  has  been  subject  to  a  six-day  week  or  if  he  is 
self-employed: 

(i)  one  day  shall  be  equivalent  to  eight  hours  and 

vice  versa; 

(ii)  six days  shall  be  equivalent  to  one  week  and  vice 

versa; 

(iii)  26  days  shall  be  equivalent  to  one  month  and 

vice  versa; 

(iv)  three  months  or  13  weeks  or  78  days  shall  be 

equivalent  to  one  quarter  and  vice  versa; 

(v) 

for  the  conversion  of  weeks  into  months  and  vice 
versa  the  weeks  and  months  shall  be  converted 
into  days; 

(vi)  the  application  of  the  preceding  rules  shall  not 
have  the  effect  of  producing,  for  the  sum  total  of 
the  periods  of  insurance  completed  during  one 
calender  year,  a  total  exceeding  312  days  or  52 
weeks  or  12  months  or  four  quarters. 

(b) 

If  the  person  concerned  is  an  employed  person  who 
has  been  subject  to  a  five-day  week: 

(i)  one  day  shall  be  equivalent  tq  nine  hours  and 

vice  versa; 

(ii)  five  days  shall  be  equivalent  to  one  week  and 

vice  versa; 

(iii)  22  days  shall  be  equivalent  to  one  month  and 

vice  versa; 

(iv)  three  months  or  13  weeks  or  66  days  shall  be 

equivalent  to  one  quarter  and  vice  versa; 

(v) 

for  the  conversion  of  weeks  into  months  and  vice 
versa, 
the  months  shall  be 
converted  into  days; 

the  weeks  and 

(vi)  the  application  of  the  preceding  rules  shall  not 
have  the  effect  of  producing,  for  the  sum  total  of 
the  periods  of  insurance  completed  during  one 
calendar  year,  a  total  exceeding  264  days  or  52 
weeks  or  12  months  or  four  quarters. 

574/72 -  10 

(c) 

If  the  person  concerned  is  an  employed  person  who 
has  been  subject  to  a  seven-day  week: 

(i)  one  day  shall  be  equivalent  to  six  hours  and 

vice-versa, 

(ii)  seven  days  shall  be  equivalent  to  one  week  and 

vice-versa, 

(iii)  thirty  days  shall  be  equivalent  to  one  month  and 

vice-versa, 

(iv)  three  months  or  13  weeks  or  90  days  shall  be 

equivalent  to  one-quarter  and  vice-versa, 

(v) 

for  the  conversion  of  weeks  into  months  and 
vice-versa,  the  weeks  and  the  months  shall  be 
converted  into  days, 

(vi)  the  application  of  the  preceding  rules  shall  not 
have  the  effect  of  producing,  for  the  sum  total  of 
the  periods  of  insurance  completed  during  one 
calendar  year,  a  total  exceeding  360  days  or  52 
weeks  or  12  months  or  four  quarters. 

Where  the  periods  of  insurance  completed  under  the  laws 
of  a  Member  State  are  expressed  in  months,  the  days 
which  correspond  to  a  fraction  of  a  month,  in  accordance 
with  the  conversion  rules  set  out  in  this  paragraph,  are 
considered  as  an  entire  month. 

CHAPTER  2 

SICKNESS  AND  MATERNITY 

Implementation  of  Article  18  of  the  Regulation 

Article  16 

Certification  of periods  of  insurance 

In  order  to  invoke  the  provisions  of  Article  18  of 
1. 
the  Regulation,  an  employed  or  self-employed  person  shall 
submit  to  the  competent  institutions  a  certified  statement 
specifying  the  periods  of  insurance  completed  under  the 
legislation  to  which  he  was  last  subject. 

This  certified  statement  shall  be 

2. 
the 
request  of  the  employed  or  self-employed  person  by  the 
institution  or  institutions  of  the  Member  State  to  whose 
legislation  he  was  last  subject.  If  he  does  not  submit  the 
said  certified  statement,  the  competent  institution  shall 
obtain  it  from  the  institution  or  institutions  concerned. 

issued  at 

3. 
The  provisions  of  paragraphs  1 and  2  shall  apply  by 
analogy  if  it  is  necessary  to  take  into  account  periods  of 
insurance  previously  completed  under  the  legislation  of  any 
other  Member  State  in  order  to  satisfy  the  conditions  of 
the  legislation  of  the  competent  State. 

Implementation  of  Article  19  of  the  Regulation 

Article  17 

(14) 

Benefits  in  kind  in  the case  of residence  in  a  Member State 
other than  the competent State 

1. 
In  order  to  receive  benefits  in  kind  under  Article  19 
of  the  Regulation,  an  employed  or  self-employed  person 
must  register  himself  and  the  members  of  his  family  with 
the  institution  of  his  place  of  residence  by  submitting  a 
certified  statement  testifying  that  he  and  the  members  of 
his  family  are  entitled  to  the  said  benefits.  This  certified 
the 
statement,  based  upon 
employer,  where  appropriate,  shall  be 
the 
competent  institution.  If  the  employed  or  self-employed 
person  or  the  members  of  his  family  do  not  submit  the 
said  certified  statement  the  institution  of  the  place  of 
residence  shall  obtain  it  from  the  competent  institutions. 

supplied  by 
issued  by 

information 

That  certified  statement  shall  remain  valid  until  the 
2. 
institution  of  the  place  of  residence  receives  notification  of 
its  cancellation.  However,  where 
certified 
statement  has  been  issued  by  a  German,  French,  Italian  or 
Portuguese  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. 

said 

the 

3. 
If  the  person  concerned  is  a  seasonal  worker,  the 
certified  statement  referred  to  in paragraph  1 shall  be  valid 
for  the  whole  of  the  expected  duration  of  the  seasonal 
work  unless,  in  the  meanwhile,  the  competent  institution 
notifies  the  institution  of  the  place  of  residence  of  its 
cancellation. 

The  institution  of  the  place  of  residence  shall  inform 
4. 
the  competent  institution  of  every  registration  effected  in 
accordance  with  the  provisions  of  paragraph  1. 

Upon  each  application  for  benefits 

5. 
the 
person  concerned  shall  submit  the  supporting  documents 
required  for  the  granting  of  benefits  in  kind  under  the 
legislation  of  the  Member  State  in  whose  territory  he 
resides. 

in  kind, 

6. 
In  the  event  of  hospitalization,  the  institution  of  the 
place  of  residence  shall,  within  three  days  of  becoming 
aware  of  the  fact,  notify  the  competent  institution  of  the 
the  probable  duration  of 
date  of  entry 
hospitalization 
hospital. 
leaving 
Notification  shall  be  unnecessary,  however,  when  the  costs 
of  the  benefits  in  kind  are  repaid  in  a  lump  sum  to  the 
institution  of  the  place  of  residence. 

into  hospital, 
and 

date 

the 

of 

574/72  -  11 

institution 

The  institution  of  the  place  of  residence  shall  notify 
7. 
the  competent 
in  advance  of  any  decision 
relating  to  the  granting  of  benefits  in  kind  where  the  likely 
or  actual  cost  exceeds  a  lump  sum  which  is  fixed  and 
periodically  reviewed  by  the  Administrative  Commission. 
The  competent  institution  shall  have  15  days  from  the  day 
on  which  such  information  is sent  within  which  to  raise  any 
objection  and  to  state  the  reasons  on  which  such  objection 
is  based;  if,  at  the  end  of  that  period,  no  such  objection 
has  been  raised,  the  institution  of  the  place  of  residence 
shall  grant  the  benefits  in  kind.  Where  such  benefits  have 
to  be  granted  in  a  case  of  extreme  urgency,  the  institution 
the 
of 
competent  institution  thereof.  However,  notification  of  its 
objection,  stating  the  reasons  on  which  such  objection  is 
based,  shall  be  unnecessary  when  the  costs  of  the  benefits 
in  kind  are  repaid  in  a  lump  sum  to  the  institution  of  the 
place  of  residence. 

the  place  of  residence  shall  forthwith 

inform 

to  benefits 

8. 
the 
The  employed  or  self-employed  person  or 
members  of  his  family  shall  inform  the  institution  of  the 
place  of  residence  of  any  change  in  their  situation  which  is 
in  kind,  in 
likely  to  alter  their  entitlement 
particular  any  cessation  or  change  of  the  employment  or 
self-employment  of  the  person  concerned  or  any transfer  of 
residence  or  stay  of  the  employed  or  self-employed  person 
or  of  a  member  of  his  family.  Likewise,  should 
the 
employed  or  self-employed  person  cease  to  be  insured  or 
cease  to  be  entitled  to  benefits  in  kind,  the  competent 
institution  of  the  place  of 
institution  shall  inform 
the 
the  place  of 
institution  of 
residence  accordingly.  The 
the  competent 
request 
time, 
residence  may,  at  any 
institution  to  supply  it  with  any  information  relating  to  the 
employed  or  self-employed  person's  insurance  or  to  his 
entitlement  to  benefits  in  kind. 

Two  or  more  Member  States  or  the  competent 
9. 
authorities  of  those  Member  States  may,  having  received 
the  opinion  of  the  Administrative  Commission,  agree  on 
other  implementing  provisions. 

Article  18 

Cash  benefits  in  the  case  of  residence  in  a  Member  State  other 
than  the  competent  State 

1. 
In  order  to  receive  cash  benefits  under  Article  19 
(1)  (b)  of  the  Regulation  an  employed  or  self-employed 
person  shall,  within  three  days  of  commencement  of  the 
incapacity  for  work,  apply  to  the  institution  of  the  place  of 
residence  by  submitting  a  notification  of  having  ceased 
work  or,  if  the  legislation  administered  by  the  competent 
institution  or  by  the  institution  of  the  place  of  residence  so 
provides,  a  certificate  of  incapacity  for  work  issued  by  the 
doctor  providing  treatment  for  the  person  concerned. 

Where 

the  doctors  providing 

2. 
the 
country  of  residence  do  not  issue  certificates  of  incapacity 
for  work,  the  person  concerned  shall  apply  directly  to  the 
institution  of  the  place  of  residence  within  the  time  limit 
fixed  by  the  legislation  which  it  administers. 

treatment 

in 

That  institution  shall  immediately  have  the  incapacity  for 
work  medically  confirmed  and  the  certificate  referred  to  in 
the 
paragraph  1  drawn  up.  Such  certificate  shall  state 
probable  duration  of  the  incapacity  and  shall  be  forwarded 
to  the  competent  institution  forthwith. 

3. 
In  cases  where  paragraph  2  does  not  apply,  the 
institution  of  the  place  of  residence  shall,  as  soon  as 
possible  and  in  any  event  within  the  three  days  following 
the  date  on  which  the  person  concerned  applied  to  it,  have 
him  medically  examined  as  if  he  were  insured  with  that 
the  examining  doctor  shall 
institution.  The  report  of 
the 
indicate, 
incapacity 
the 
competent  institution  by  the  institution  of  the  place  of 
residence  within  the  three  days  following  the  date  of  the 
examination. 

the  probable  duration  of 
to 

for  work,  and  shall  be  forwarded 

in  particular, 

The 

institution  of 

the  place  of  residence  shall 
4. 
subsequently  carry  out  any  necessary  administrative  checks 
or  medical  examination  of  the  person  concerned  as  if  he 
were  insured  with  that  institution.  As  soon  as  it  establishes 
that  the  person  concerned  is  fit  to  resume  work,  it  shall 
forthwith  notify  him  and 
institution 
accordingly,  stating  the  date  on  which  his  incapacity  for 
work  ceased.  Without  prejudice 
the  provisions  of 
paragraph  6,  the  notification  to  the  person  concerned  shall 
be  treated  as  a  decision  taken  on  behalf  of  the  competent 
institution. 

the  competent 

to 

5. 
In  all  cases  the  competent  institution  shall  reserve 
the  right  to  have  the  person  concerned  examined  by  a 
doctor  of  its  own  choice. 

If  the  competent  institution  decides  to  withhold  the 
6. 
cash  benefits  because 
the  person  concerned  has  not 
completed  the  formalities  laid  down  by  the  legislation  of 
the  country  of  residence,  or  if  it  establishes  that  the  person 
concerned  is  fit  to  resume  work,  it  shall  notify  the  person 
concerned  of  its  decision  and  shall  simultaneously  send  a 
copy  of  such  decision  to  the  institution  of  the  place  cf 
residence. 

the  competent 

7.  When  the  person  concerned  resumes  work,  he  shall 
notify 
if  such 
notification  is  required  by  the  legislation  administered  by 
that  institution. 

institution  accordingly, 

in  particular  by 

The  competent  institution  shall  pay  cash  benefits  by 
8. 
the  appropriate  method, 
international 
money  order,  and  shall  inform  the  institution  of  the  place 
of  residence  and  the  person  concerned  accordingly.  Where 
cash  benefits  are  paid  by  the  institution—of  the  place  of 
residence  on  behalf  of  the  competent  institution,  the  latter 
shall  inform  the  person  concerned  of  his  rights  and  shall 
notify 
the  institution  of  the  place  of  residence  of  the 
amount  of  the  cash  benefits,  the  dates  for  payment,  and 
the  maximum  period  during  which  they  should  be  granted, 
in  accordance  with  the  legislation  of  the  competent  State. 

9. 
Two  or  more  Member  States,  or  the  competent 
authorities  of  those  Member  States  may,  having  received 
the  opinion  of  the  Administrative  Commission,  agree  on 
other  implementing  previsions. 

574/72  -  12 

Implementation  of  Article  20  of  the  Regulation 

Article  19 

Special  provisions  for  frontier  workers and  members of  their 
families 

In  the  case  of  frontier  workers  or  members  of 
their 
families,  medicinal products,  bandages, spectacles  and  small 
appliances  may  be  issued,  and  laboratory  analyses  and  tests 
carried  out,  only  in  the  territory  of  the  Member  State  in 
which 
the 
provisions  of  the  legislation  of  that  Member  State,  except 
the  competent 
legislation  administered  by 
where 
institution  or  an  agreement  concluded  between 
the 
Member  States  concerned  or  the  competent  authorities  of 
those  Member  States  is  more  favourable. 

they  were  prescribed, 

in  accordance  with 

the 

the 

is  not 

required 

to  know 

concerned  has  been  employed  by  the  said  employer,  and 
the  name  and  address  of  the  competent  institution; 
if, 
however,  under  the  legislation  of  the  competent  State  the 
employer 
competent 
institution,  the  person  concerned  shall  provide  in  writing 
the  name  and  address  of  that  institution  when  submitting 
his  application  to  the  institution  of  the  place  of  stay.  A 
person  who  has  submitted  such  certified  statement  shall  be 
presumed  to  have  satisfied  the  conditions  for  acquisition  of 
the  right  to  benefits  in  kind.  If  a  person  is  unable  to 
contact  the  institution  of  the  place  of  stay  before  receiving 
medical 
treatment,  he  shall  nevertheless  receive  such 
treatment  on  presentation  of  the  said  certified  statement  as 
if  he  were  insured  with  that  institution. 

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

Article  19a 

(15) 

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

the  maximum  period 

2. 
The  provisions  of  Article  17  (6),  (7)  and  (9)  of  the 
implementing  Regulation  shall  apply  by  analogy.  In  this 
case, 
the 
members  of  the  family  shall  be  considered  the  competent 
institution. 

institution  of  the  place  of  residence  of 

the 

Implementation  of  Article  22  of  the  Regulation 

Article  20 

Benefits  in  kind  in  the  case of a  stay  in a  Member  State  other 
than  the  competent  State — Special  case of persons  employed in 
international  transport  and  members  of their  families 

the  Regulation,  who 

1. 
In  order  to  receive  benefits  in  kind  for  himself  or 
for  members  of  his  family  who  accompany  him,  a  person 
employed  in  international  transport,  covered  by  Article  14 
the  course  of  his 
(2)  (a)  of 
employment  goes  to  the  territory  of  a  Member  State  other 
than  the  competent  State,  shall,  as soon  as possible,  submit 
to  the  institution  of  the  place  of  stay,  a  special  certified 
statement  issued  by  the  employer  or  by  his  agent  during 
the  current  calendar  month  or  during  the  two  calendar 
months  preceding  its  submission.  Such  certified  statement 
shall  state  in  particular  the  date  from  which  the  person 

in 

2. 
The  institution  of  the  place  of  stay  shall  within  three 
the 
days  inquire  of  the  competent 
person  concerned  satisfies  the  conditions  for  acquisition  of 
the  right  to  benefits  in  kind.  The  institution  of  the  place  of 
stay  shall  provide  the  benefits  in  kind  until  it  receives  a 
reply  from  the  competent  institution,  but  for  not  more 
than  30  days. 

institution  whether 

3. 
The  competent  institution  shall  send  its  reply  to  the 
institution  of  the  place  of  stay within  10 days  of  the  receipt 
of  the  request  from  that  institution.  If  that  reply  is  in  the 
affirmative, 
institution  shall  indicate,  if 
necessary,  the  maximum  period  during  which  the  benefits 
in  kind  may  be  granted,  in  accordance  with  the  legislation 
which  it  administers,  and  the  institution  of  the  place  of  stay 
shall  continue  to  provide  the  said  benefits. 

the  competent 

.covered  by 

the  employed  person 

In  place  of  the  certified  statement  provided  for  in 
4. 
paragraph  1, 
that 
paragraph  may  submit  to  the  institution  of  the  place  of 
stay  a  certified  statement  stating  that  the  conditions  for 
acquisition  of  the  right  to  benefits  in  kind  have  been 
satisfied.  This  certified  statement,  which  shall  be  issued  by 
the  competent  institution,  shall  specify  in  particular,  where 
necessary,  the  maximum  period  during  which  benefits  in 
kind  may  be  granted  in  accordance  with  the  legislation  of 
the  competent  State.  In  such  a  case  paragraphs  1,  2  and  3 
shall  not  apply. 

The  provisions  of  Article  17  (6),  (7)  and  (9)  of  the 

5. 
implementing  Regulation  shall  apply  by  analogy. 

574/72  -  13 

Benefits 

6. 
the 
presumption  made  in  paragraph  1  shall  be  reimbursed  as 
provided  for  in  Article  36  (1)  of  the  Regulation. 

in  kind  provided  by  virtue  of 

Article  21 

Benefits  in  kind  in  the case of a  stay  in  a Member  State  other 
than  the  competent  State — Employed  persons other  than  those 
covered  by Article 20 of the  implementing  Regulation  or 
self-employed  persons 

In  order  to  receive  benefits  in  kind  under  Article  22 
1. 
(1)  (a)  (i)  of  the  Regulation,  save  in  the  case  referred  to  in 
Article  20 of  the  implementing  Regulation,  an  employed  or 
self-employed  person  shall  submit  to  the  institution  of  the 
place  of  stay  a certified  statement  stating  that  he  is  entitled 
to  benefits  in  kind.  Such  certified  statement,  which  shall  be 
issued  by  the  competent  institution  at  the  request  of  the 
person  concerned,  if  possible  before  he  leaves  the  territory 
of  the  Member  State  in  which  he  resides,  shall  specify  in 
particular,  where  necessary,  the  maximum  period  during 
which  benefits  in  kind  may  be  granted,  in  accordance  with 
the 
the  person 
concerned  does  not  submit  the  said  certified  statement,  the 
institution  of  the  place  of  stay  shall  obtain  it  from  the 
competent  institution. 

the  competent  State.  If 

legislation  of 

The  provisions  of  Article  17  (6),  (7)  and  (9)  of  the 

2. 
implementing  Regulation  shall  apply  by  analogy. 

Article  22 

Benefits  in  kind  for  employed  or  self-employed  persons who 
transfer  their  residence or  return  to their  country  of residence, 
and  for  employed  or  self-employed  persons  authorized  to go to 
another  Member  State  for  medical  treatment 

1. 
In  order  to  receive  benefits  in  kind  under  Article  22 
(1)  (b)  (i)  of  the  Regulation,  an  employed  or  self-employed 
person  shall  submit  to  the 
institution  of  the  place  of 
residence  a  certified  statement  testifying  that  he  is  entitled 
the  said  benefits.  This  certified 
to  continue  receiving 
statement,  which  shall  be 
the  competent 
institution,  shall  specify  in  particular,  where  necessary,  the 
maximum  period  during  which  such  benefits  may  continue 
to  be  provided,  in  accordance  with  the  provisions  of  the 
legislation  of  the  competent  State.  The  certified  statement 
may,  at  the  request  of  the  person  concerned,  be  issued 
after  his  departure 
if,  for  reasons  of  force  majeure,  it 
cannot  be  drawn  up  beforehand. 

issued  by 

The  provisions  of  Article  17  (6),  (7)  and  (9)  of  the 

2. 
implementing  Regulation  shall  apply  by  analogy. 

3. 
Paragraphs  1 and  2  shall  apply  by  analogy  in  respect 
of  the  provisions  of  benefits  in  kind  in  the  case  referred  to 
in  Article  22  (1)  (c)  (i)  of  the  Regulation. 

Article  23 

Benefits  in  kind  for  members of the  family 

The  provisions  of  Article  21  or  22  of  the  implementing 
Regulation,  as  appropriate,  shall  apply  by  analogy 
in 
respect  of  the  granting  of  benefits  in  kind  to  members  of 
the 
the  family  as  provided  for 
Regulation. 

in  Article  22  (3)  of 

to 

in 

in 

the 

referred 

the  cases 

second 
However, 
subparagraph  of  Article  22  (3)  of  the  Regulation, 
the 
institution  of  the  place  of  residence  and  the  legislation  of 
the  country  of  residence  of  the  members  of  the  family  shall 
be  considered,  respectively,  as  the  competent  institution 
and  as  the  legislation  of  the  competent  State  for 
the 
purposes  of  Articles  17  (6),  (7)  and  (9),  21  and  22  of  the 
implementing  Regulation. 

Article  24 

Cash benefits  for  employed  or  self-employed  persons  in  the  case 
of a  stay  in  a  Member  State other  than  the  competent  State 

the 

The  provirions  of  Article  18  of 
implementing 
Regulation  shall  apply  by  analogy  in  respect  of  the  receipt 
of  cash  benefits  under  Article  22  (1)  (a)  (ii)  of 
the 
Regulation.  However,  without  prejudice  to  the  obligation 
to  submit  a  certificate  of  incapacity  for  work,  an  employed 
or  self-employed  person  who  is staying  in  the  territory  of  a 
Member  State  without  pursuing  any  employment  or 
se If-employment  there,  shall  not  be  required  to  submit  the 
notification  of  having  ceased  work  referred  to  in  Article  18 
(1)  of  the  implementing  Regulation. 

Implementation  of  Article  23  (3)  of  the  Regulation 

Article  25 

Certified  statement  relating  to the  members  of the  family  to be 
taken  into account  in  the calculation  of cash  benefits 

(3)  of 

In  order  to  receive  benefits  under  the  provisions  of 
1. 
the  Regulation,  an  employed  or 
Article  23 
self-employed  person  shall  submit 
the  competent 
to 
institution  a  certified  statement  relating  to  the  members  of 
his  family  who  are  resident  in  the  territory  of  a  Member 
is 
State  other 
situated. 

that  wherein 

institution 

the  said 

than 

This  certified  statement  shall  be 

2. 
the 
institution  of  the  place  of  residence  of  the  members  of  the 
family. 

issued  by 

It  shall  be  valid  for  the  12 months  following  the  date  of  its 
issue.  It  may  be  renewed;  in  such  a  case,  it  shall  be  valid 
from  the  date  of  its  renewal. 

the 
shall 
The  person  concerned 
competent  institution  of  any  occurrence  necessitating  an 
statement.  Such 
amendment 
amendment  shall 
the  date  of  such 
occurrence. 

said 
take  effect 

immediately  notify 

certified 
from 

the 

to 

574/72  -  14 

3. 
In  place  of  the  certified  statement  provided  for  in 
paragraph  1,  the  competent  institution  may  require  the 
person  concerned  to  produce  recent  civil  status  documents 
relating  to  the  members  of  his  family  who  are  resident  in 
the  territory  of  a  Member  State  other  than  that  wherein 
the  said  institution  is  situated. 

Implementation  of  Article  25  (1)  of  the  Regulation 

Article  26 

Benefits  for  unemployed  persons who go to a  Member  State 
other than the competent  State in  order  to seek employment 
there 

1. 
In  order  to  receive  benefits  in  cash  and  in  kind 
under  Article  25  (1)  of  the  Regulation  for  himself  and  for 
the  members  of  his  family,  an  unemployed  person  shall 
submit  to  the  sickness  insurance  institution  of  the  place 
where  he  has  gone  a  certified  statement  for  which,  prior  to 
his  departure,  he  should  have  applied  to  the  competent 
sickness  insurance  institution.  If  the  unemployed  person 
does  not  submit  the  said  certified  statement,  the  institution 
of  the  place  to  which  he  has  gone  shall  obtain  it  from  the 
competent  institution. 

This  certified  statement  must  testify  the  existence  of  the 
right  to  the  said  benefits  under  the  conditions  set  out  in 
Article  69  (1)  (a)  of  the  Regulation;  indicate  the  duration 
of  such  right,  taking  into  account  the  provisions  of  Article 
69  (1)  (c)  of  the  Regulation;  and  specify  the  amount  of 
cash  benefits  to  be  provided,  where  appropriate,  by way  of 
sickness  insurance  during  the  abovementioned  period,  in 
the  case  of  incapacity  for  work  or  hospitalization. 

The  unemployment  insurance  institution  of  the  place 
2. 
where  the  unemployed  person  has  gone  shall  testify  on  a 
copy  of  the  certified  statement  referred  to  in  Article  83 of 
the  implementing  Regulation  which  shall  be  sent  to  the 
sickness  insurance  institution  of  that  same  place,  that  the 
the 
conditions 
Regulation  have  been  fulfilled  and  shall  specify  the  date 
from  which  they  were  fulfilled,  and  the  date  from  which 
receive  unemployment 
the  unemployed  person 
insurance  benefits  at 
the  competent 
institution. 

the  expense  of 

in  Article  69 

laid  down 

(b)  of 

shall 

(1) 

This  certified  statement  shall  be  valid  for  the  period  laid 
down  in  Article  69  (1)  (c)  of  the  Regulation,  for  as  long  as 
the  conditions  are  fulfilled.  The  unemployment  insurance 
institution  of  the  place  where  the  unemployed  person  has 
the  said  sickness 
gone  shall,  within  three  days,  inform 
insurance 
longer 
satisfied. 

the  conditions  are  no 

institution 

if 

The  provisions  of  Article  17  (6),  (7)  and  (9)  of  the 

3. 
implementing  Regulation  shall  apply  by  analogy. 

4. 
In  order  to  receive  the  cash  benefits  provided  for  by 
the  legislation  of  the  competent  State,  the  unemployed 
three  days,  send  a  certificate  of 
person  shall,  within 
incapacity 
the  doctor  providing 
issued  by 
for  work, 
treatment  for  him,  to  the  sickness  insurance  institution  of 
the  place  to  which  he  has  gone.  He  shall  also  state  the 
date  up  to  which  he  has  received  sickness 
insurance 
benefits  and  his  address  in  the  country  where  he  is. 

5. 
The  sickness  insurance  institution  of  the  place  to 
which  the  unemployed  person  has  gone  shall,  within  three 
days,  notify  the  competent  sickness  insurance  institution 
and  the  competent  unemployment  insurance  institution,  as 
well  as  the  institution  where  the  unemployed  person  is 
registered  as  seeking  employment,  of  the  date  when  the 
incapacity  for  work  began  and  ended. 

In 

the  cases  defined 

in  Article  25  (4)  of 

6. 
the 
Regulation,  the  sickness  insurance  institution  of  the  place 
to  which  the  unemployed  person  has  gone  shall  inform  the 
competent  sickness  insurance  institution  and  the  competent 
unemployment  insurance  institution  that  it  considers  that 
the  conditions  justifying  the  extension  of  the  period  during 
which  benefits  in  cash  and  in  kind  may  be  granted  are 
satisfied,  stating  the  grounds  on  which  its  opinion  is  based, 
and  shall  attach  to  the  commmunication  it  sends  to  the 
competent  sickness  insurance  institution  a  detailed  report 
from  the  examining  doctor  on  the  condition  of  the  patient, 
indicating  the  probable  period  during  which  the  conditions 
for  applying  Article  25  (4)  of  the  Regulation  will  exist.  The 
competent  sickness  insurance  institution  shall  then  take  the 
decision  as  to  the  extension  of  the  period  during  which 
benefits  may  be  granted  to  the  sick  unemployed  person. 

7. 
The  provisions  of  Article  18  (2),  (3),  (4),  (5),  (6), 
(8)  and  (9)  of  the  implementing  Regulation  shall  apply  by 
analogy. 

Implementation  of  Article  25  (3)  of  the  Regulation 

Article  27 

Benfits  in kind for members of the family of unemployed  persons 
in  the case of residence  in  a Member  State  other  than  the 
competent  State 

the 
in  respect  of 

implementing 
The  provisions  of  Article  17  of 
the 
Regulation  shall  apply  by  analogy 
granting  of  benefits  in  kind  to  the  members  of  the  family 
of  unemployed  persons  when  such  members  of  the  family 
are  resident  in  the  territory  of  a  Member  State  other  than 
the  competent  State.  At  the  time  of  theTUgistration  of  the 
members  of  the  family  of  unemployed  persons  receiving 
benefits  under  the  provisions  of  Article  69  (1)  of  the 
Regulation  the  certified  statement  referred  to  in  Article  26 
(1)  of  the  implementing  Regulation  must  be  produced. 
This  certified  statement  shall  be  valid  for  the  period  of 
time  during  which  the  benefits  may  be  granted  under 
Article  69  (1)  of  the  Regulation. 

574/72  -  15 

Implementation  of  Article  26  of  the  Regulation 

Article  28 

Benefits  in  kind  for  pension  claimants  and  for  members  of  their 
families 

in  which  he 

the  Member  State 

the  Regulation,  a  claimant  and 

In  order  to  receive  benefits  in  kind  in  the  territory 
1. 
resides,  under 
of 
Article  26 (1)  of 
the 
members  of  his  family  shall  register  with  the  institution  of 
the  place  of  residence  by  submitting  a  certified  statement 
testifying 
legislation  of 
is  entitled  under 
another  Member  State  to  the  said  benefits  for  himself  and 
for  the  members  of  his  family.  This  certified  statement 
shall  be  issued  by  the  institution  of  that  other  Member 
State  which  is  responsible  for  benefits  in  kind. 

that  he 

the 

2. 
The  institution  of  the  place  of  residence  shall  inform 
the  institution  which  has  issued  the  certified  statement  of 
every  registration  effected  in  accordance  with  paragraph  1. 

Implementation  of  Articles  28  and  28a  of  the  Regulation 

Article  29 

Benefits  in  kind  for  pensioners  and  members  of their  families 
who are  not  resident  in  a Member  State  under  whose legislation 
they  receive a  pension  and  are  entitled  to  benefits 

the  Regulation,  a  pensioner  and 

In  order  to  receive  benefits  in  kind  in  the  territory 
1. 
of  the  Member  State  in  which  he  resides,  under  Articles  28 
(1)  and  28a  of 
the 
members  of  his  family  shall  register  with  the  institution  of 
the  place  of  residence  by  submitting  a  certified  statement 
testifying  that  he  is  entitled  to  the  said  benefits  for  himself 
and  for  the  members  of  his  family,  under  the  legislation  or 
one  of  the  legislations  under  which  a  pension  is  payable. 

it 

the 

issued,  at 

institution  empowered 

This  certified  statement  shall  be 

2. 
the 
request  of  the  pensioner,  by  the  institution  or  one  of  the 
institutions  responsible  for  payment  of  the  pension  or, 
where  appropriate,  by 
to 
determine  entitlement  to  benefits  in  kind,  as  soon  as  the 
pensioner  satisfies  the  conditions  for  acquisition  of  the 
right  to  such  benefits.  If  the  pensioner  does  not  submit  the 
certified  statement,  the  institution  of  the  place  of  residence 
shall  obtain 
institutions 
responsible 
the  pension,  or,  where 
appropriate,  from  the  institution  empowered  to  issue  such 
certified  statement.  Whilst  awaiting  the  receipt  of  this 
certified  statement,  the  institution  of  the  place  of  residence 
may,  in  the  light  of  the  documentary  evidence  accepted  by 
it,  register  the  pensioner  and  the  members  of  his  family 
provisionally.  This  registration  shall  bind  the  institution 
responsible  for  the  payment  of  benefits  in  kind  only  if  this 
latter  institution  has  issued  the  certified  statement  provided 
for  in  paragraph  1. 

from 
for  payment  of 

institution  or 

the 

The  institution  of  the  place  of  residence  shall  inform 
3. 
the  institution  which  has  issued  the  certified  statement 
provided  for  in  paragraph  1  of  every  registration  effected 
in  accordance  with  the  provisions  of  the  said  paragraph. 

4.  When  an  application  is  made  for  benefits  in  kind  it 
must  be  proved  to  the  institution  of  the  place  of  residence, 
by  means  of  the  receipt  or  the  counterfoil  of  the  money 
order  of  the  last  payment  made,  that  the  pensioner  is  still 
entitled  to  a  pension. 

in 

their 

situation  which  might 

5. 
The  pensioner  or  the  members  of  his  family  shall 
inform  the  institution  of  the  place  of  residence  of  any 
their 
change 
entitlement  to  benefits  in  kind,  in particular  any  suspension 
or  withdrawal  of  the  pension  and  any  transfer  of  their 
residence.  The  institutions  responsible  for  the  pension  shall 
also  inform 
the  institution  of  the  pensioner's  place  of 
residence  of  any  such  change. 

alter 

6. 
The  Administrative  Commission  shall,  to  the  extent 
necessary,  fix  the  procedure  for  determining  the  institution 
which  shall  bear  the  cost  of  the  payment  of  benefits  in 
kind,  in  the  case  referred  to  in  Article  28  (2)  (b)  of  the 
Regulation. 

Implementation  of  Article  29  of  the  Regulation 

Article  30 

(14) 

Benefits  in kind  for  members of the  family  who are  resident  in a 
Member  State  other  than  the  State  in which  the  pensioner  is 
resident 

for 

that 

they 

in  which 

the  Member  State 

institution  administers 

In  order  to  receive  benefits  in  kind,  in  the  territory 
1. 
of 
reside,  under 
Article  29 (1)  of  the  Regulation,  the  members  of  the  family 
shall  register  with  the  institution  of  their  place  of  residence 
by  submitting  the  documentary  evidence  required  by  the 
legislation  which 
the 
granting  of  such  benefits  to  members  of  the  family  of  a 
pensioner,  together  with  a  certified  statement 
testifying 
that  the  pensioner  is entitled  to  benefits  in  kind  for  himself 
and  for  the  members  of  his  family.  This  certified  statement, 
which  shall  be  issued  by  the  institution  of  the  place  of 
residence  of  the  pensioner,  shall  remain  valid  as  long  as 
the  institution  of  the  place  of  residence  of  the  members  of 
its  cancellation. 
the  family  has  not  been  notified  of 
However,  where  the  said  certified  statement  has  been 
issued  by  a  German,  French, 
Italian  or  Portuguese 
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. 
When  making  an  application  for  benefits  in  kind, 
the  members  of  the  family  shall  submit  to  the  institution  of 
their  place  of  residence  the  certified  statement  referred  to 
in  paragraph  1,  if  the  legislation  which  that  institution 
administers  provides  that  such  an  application  must  be 
accompanied  by  evidence  of  entitlement  to  a  pension. 

The  institution  of  the  pensioner's  place  of  residence 
3. 
shall  inform  the  institution  of  the  place  of  residence  of  the 
members  of  the  family  of  the  suspension  or  withdrawal  of 
the  pension,  and  of  any  transfer  of  residence  of 
the 
pensioner.  The  institution  of  the  place  of  residence  of  the 
the 
members  of  the  family  may,  at  any  time,  request 
institution  of  the  pensioner's  place  of  residence  to  supply  it 
with  any  information  relating  to  entitlement  to  benefits  in 
kind. 

The  members  of 

4. 
the 
the 
institution  of  their  place  of  residence  of  any  change  in 
their  situation  which  is  likely  to  alter  their  entitlement  to 
benefits  in  kind,  in  particular  any  transfer  of  residence. 

family  shall 

inform 

574/72  -  16 

Implementation  of  Article  31  of  the  Regulation 

Article  31 

Benefits  in  kind  for  pensioners  and  members  of their  families 
staying  in a Member  State other  than  the one  in which  they  are 
resident 

to 

that  he  is  entitled 

the  place  of  stay  a  certified 

the  Regulation,  a  pensioner  shall  submit 

In  order  to  receive  benefits  in  kind  under  Article  31 
1. 
the 
of 
statement 
institution  of 
testifying 
to  the  said  benefits.  This 
certified  statement,  which  shall  be  issued  by  the  institution 
of  the  pensioner's  place  of  residence,  if  possible  before  he 
leaves  the  territory  of  the  Member  State  where  he  resides, 
shall 
the 
maximum  period  during  which  benefits  in  kind  may  be 
granted,  in  accordance  with  the  legislation  of  that  Member 
State.  If  the  pensioner  does  not  submit  the  said  certified 
statement,  the  institution  of  the  place  of  stay  shall  obtain  it 
from  the  institution  of  the  place  of  residence. 

in  particular,  where  appropriate, 

indicate 

The  provisions  of  Article  17  (6),  (7)  and  (9)  of  the 
2. 
implementing  Regulation  shall  apply  by  analogy.  In  such  a 
case,  the  institution  of  the  pensioner's  place  of  residence 
shall  be  considered  to  be  the  competent  institution. 

3. 
The  provisions  of  paragraphs  1 and  2  shall  apply  by 
analogy  in  respect  of  the  granting  of  benefits  in  kind  to  the 
members  of 
the 
Regulation. 

the  family  covered  by  Article  31  of 

Implementation  of  Article  35  (1)  of  the  Regulation 

for 

responsible 

the  administration  of 

2.  Where 
the  special 
the  benefits  provided  under 
scheme  for  workers  in  mines  and  similar  undertakings  are 
more  advantageous,  such  workers  or  the  members  of  their 
families  shall  have  the  option  of  applying  either  to  the 
institution 
that 
scheme,  or  to  the  nearest  institution  in  the  territory  of  the 
Member  State  in  which  they  are  staying  or  residing  which 
administers  the  scheme  for  manual  workers  in  the  steel 
industry.  In  the  latter  case,  the  institution  in  question  shall 
draw  the  attention  of  the  person  concerned  to  the  fact  that 
by  applying 
the 
institution 
administration  of  the  abovementioned  special  scheme,  he 
will  obtain  more 
it  must, 
advantageous 
furthermore,  inform  him  of  the  name  and  address  of  such 
institution. 

responsible 

benefits; 

the 

for 

to 

Implementation  of  Article  35  (2)  of  the  Regulation 

Article  32a 

Special  schemes  applying  to certain  self-employed  persons 

Annex  11 lists the  scheme  or  schemes  referred  to  in  Article 
35  (2)  of  the  Regulation. 

Implementation  of  Article  35  (4)  of  the  Regulation 

Article  33 

Taking account  of the  period  during  which  benefits  have  already 
been  provided  by the  institution  of another  Member  State 

For  the  purposes  of  implementing  the  provisions  of  Article 
35  (4)  of  the  Regulation,  the  institution  of  a  Member  State 
called  upon  to  provide  benefits  may  request  the  institution 
of  another  Member  State  to  supply  it  with 
information 
relating  to  the  period  during  which  the  latter  institution 
has  already  provided  benefits  for  the  same  case  of  sickness 
or  maternity. 

Article  32 

Institution  to which workers  in  mines  and  similar  undertakings 
and  members  of their  families  may apply  when  staying or 
residing  in  a Member  State  other  than  the  competent  State 

Refund  by  the  competent  institution  of  one  Member  State 
of  expenses  incurred  during  a  stay  in  another  Member 
State 

In  the  cases  referred 

1. 
to  in  Article  35  (1)  of  the 
Regulation  and  where,  in  the  country  of  stay  or  residence, 
the  benefits  provided  under 
the  insurance  scheme  for 
sickness  or  maternity  covering  manual  workers  in  the  steel 
industry  are  equivalent  to  those  provided  under  the  special 
scheme  for  workers  in  mines  and  similar  undertakings, 
workers  belonging  to  the  latter  category  and  members  of 
their  families  may  apply  to  the  nearest  institution  in  the 
territory  of  the  Member  State  in  which  they  are  staying  or 
implementing 
residing,  specified 
Regulation,  even  if  the 
the 
latter 
scheme  applicable  to  manual  workers  in  the  steel  industry, 
which  institution  shall  then  provide  such  benefits. 

the 
institution  of 

in  Annex  3 

to 
is  an 

Article  34 

(12) 

it 

If 

1. 
is  not  possible  during  an  employed  or 
self-employed  person's  stay  in  a  Member  State  other  than 
the  competent  State  to  complete  the  formalities  provided 
for  in  Articles  20  (1)  and  (4)  and  21,  23  and  31  of  the 
implementing  Regulation,  his  expenses  shall,  upon  his 
application,  be  refunded  by  the  competent  institution  in 
accordance  with  the  refund 
rates  administered  by  the 
institution  of  the  place  of  stay. 

2. 
The  institution  of  the  place  of  stay  shall,  at  the 
request  of  the  competent  institution,  supply  it  with  the 
necessary  information  about  such  rates. 

574/72  -  17 

If  the  institution  of  the  place  of  stay  and  the  competent 
institution  are  bound  by an  agreement  providing  either  that 
no  refund,  or  that  a  lump-sum  refund  of  benefits  provided, 
in  pursuance  of  Articles  22  (1)  (a)  (i)  and  31  of  the 
Regulation,  be  made,  the  institution  of  the  place  of  stay 
shall,  in  addition,  be  required  to  transfer  to  the  competent 
institution 
to  the  person 
concerned  in  pursuance  of  the  provisions  of  paragraph  1. 

to  be  refunded 

the  amount 

3. 
Where  major  expenses  are  involved,  the  competent 
institution  may  pay  an  appropriate  advance  to  the  person 
concerned  as  soon  as  that  person  submits  to  the  said 
institution  the  claim  for  refund. 

in  accordance  with 

Notwithstanding  paragraphs  1,  2  and  3, 

institution  may  effect 
incurred 

the 
4. 
the  reimbursement  of 
competent 
expenses 
it 
the 
administers  provided  that  it  is  possible  to  make  a  refund  in 
to  be 
accordance  with 
refunded  do  not  exceed  a 
the 
Administrative  Commission  and  that  the  employed  person 
or  self-employed  person  or  pensioner  agrees 
the 
application  of  this  provision.  In  any  case,  the  amount  of 
reimbursement  shall  not  exceed 
the 
expenses  actually  incurred. 

level  determined  by 

these  rates,  that 

the  amount  of 

the  expenses 

rates 

to 

If  the  legislation  of  the  State  of  residence  does  not 
5. 
the  competent 
reimbursement, 
rates  of 
for 
provide 
institution  may  effect 
the 
the 
conditions  laid  down  in  paragraph  4 without  the  agreement 
of  the  person  concerned  being  necessary. 

reimbursement  under 

CHAPTER  3 

INVALIDITY,  OLD-AGE  AND  DEATH  (PENSIONS) 

Submission  and  investigation  of  claims  for  benefits 

Article  35 

(11) 

Applications  for  invalidity  benefits  where  an  employed  person  or 
a  self-employed  person  has  been  subject  only  to the  legislations 
mentioned  in  part  A of Annex  IV to the  Regulation  and  also in 
the  case  referred  to  in Article  40 (2)  of the  Regulation 

for  work 

1. 
In  order  to  receive  benefits  under  Articles  37,  38 
and  39 of  the  Regulation,  including  the  cases  referred  to  in 
Articles  40  (2),  41  (1)  and  42  (2)  of  the  Regulation,  an 
employed  or  self-employed  person  shall  submit  a  claim 
either  to  the  institution  of  the  Member  State  to  whose 
legislation  he  was  subject  at  the  time  of  occurrence  of  the 
the 
incapacity 
aggravation  of  such  invalidity,  or  to  the  institution  of  the 
place  of  residence,  which  shall  then  forward  the  claim  to 
the  first  institution,  indicating  the  date  on  which  it  was 
submitted;  this  date  shall  be  regarded  as  the  date  of  the 
submission  of  the  claim  to  the  first  institution.  However,  if 
sickness  insurance  cash  benefits  have  been  granted,  the 
date  on  which  such  cash  benefits  ceased  to  be  granted 
must,  where  appropriate,  be  regarded  as  the  date  of 
submission  of  the  pension  claim. 

followed  by 

invalidity  or 

legislation  which 

2. 
In  the  case  referred  to  in  Article  41  (1)  (b)  of  the 
Regulation,  the  institution  with  which  the  employed  or 
the 
self-employed  person  was  last  insured  shall  notify 
amount  and  the  operative  date  of  the  benefits  due  under 
the 
institution 
initially  responsible  for  payment  of  the  benefits.  With 
effect 
the 
aggravation  of  the  invalidity  shall  be  cancelled  or  reduced 
to  an  amount  not  exceeding  the  supplement  referred  to  in 
Article  41  (1)  (c)  of  the  Regulation. 

the  benefits  due  prior 

it  administers 

that  date, 

from 

the 

to 

to 

3. 
The  provisions  of  paragraph  2  shall  not  apply  in  the 
case  referred  to  in  Article  41  (1)  (d)  of  the  Regulation.  In 
this  case,  the  institution  with  which  the  claimant  was  last 
insured  shall  apply  to  the  Netherlands  institution  in  order 
to  ascertain  the  amount  due  from  that  institution. 

Article  36 

Claims for  old-age  and  survivors' benefits  (excluding  orphans' 
benefits)  and invalidity benefits  in cases not referred  to in Article 
35 of the  implementing  Regulation 

for  by 

in  accordance  with 

in  the  cases  referred 

In  order  to  receive  benefits  under  Articles  40  to  51 
1. 
to 
in 
of  the  Regulation,  except 
Article  35  of  the  implementing  Regulation, 
the  person 
concerned  shall  submit  a  claim  to  the  institution  of  the 
the  procedure 
place  of  residence 
provided 
that 
institution.  If  the  employed  or  self-employed  person  has 
not  been  subject  to  that  legislation,  the  institution  of  the 
place  of  residence  shall  forward  the  claim  to  the  institution 
of  the  Member  State  to  whose  legislation  he  was  last 
subject, 
the  claim  was 
submitted.  That  date  shall  be  regarded  as  the  date  on 
which  the  claim  was  submitted  to  the  latter  institution. 

legislation  administered  by 

the  date  on  which 

indicating 

the 

in  the 

to  whose 

Where  a  claimant  resides 

territory  of  a 
2. 
Member  State 
the  employed  or 
self-employed  person  has  not  been  subject,  he  may  submit 
his  claim  to  the  institution  of  the  Member  State  to  whose 
legislation  the  employed  or  self-employed  person  was  last 
subject. 

legislation 

3. 
Where  a  claimant  resides  in  the  territory  of  a  State 
which  is  not  a  Member  State,  he  shall  submit  his  claim  to 
the  competent  institution  of  that  Member  State  to  whose 
legislation  the  employed  or  self-employed  person  was  last 
subject. 

Should  the  claimant  submit  his  claim  to  the  institution  of 
the  Member  State  of  which  he  is  a  national,  the  latter  shall 
forward  such  claim  to  the  competent  institution. 

4. 
A  claim  for  benefits  sent  to  the  institution  of  one 
Member  State  shall  automatically  involve  the  concurrent 
award  of  benefits  under  the  legislation  of  all  the  Member 
States  in  question  whose  conditions  the  claimant  satisfies 
except  where,  under  Article  44  (2)  of  the  Regulation,  the 
claimant  asks  for  postponement  of  any  old-age  benefits  to 
which  he  would  be  entitled  under  the  legislation  of  one  or 
more  Member  States. 

574/72  -  18 

Article  37 

Documents and  information  which  should  accompany  claims to 
the benefits  referred  to in Article 36 of the  implementing 
Regulation 

The  submission  of  the  claims  referred  to  in  Article  36  of 
the 
the 
following  rules: 

implementing  Regulation  shall  be  subject 

to 

(a) 

the  claim  must  be  accompanied  by  the 
required 
supporting  documents  and  must  be  made  on  the  form 
provided  for  by  the  legislation: 

(i)  of  the  Member  State  on  whose  territory 

the 
claimant  resides,  in  the  case  referred  to  in  Article 
36  (1); 

(ii)  of  the  Member  State  to  which  the  employed  or 
in  the 

self-employed  person  was  last  subject, 
cases  referred  to  in  Article  36  (2)  and  (3); 

(b) 

(c) 

the 

information  supplied  by 

the  accuracy  of 
the 
claimant  must  be  established  by  official  documents 
to  the  claim  form,  or  confirmed  by  the 
attached 
competent  bodies  of  the  Member  State  in  whose 
territory  the  claimant  resides; 

the 

institution  or 

the  claimant  must  indicate,  in  so  far  as  is  possible, 
institutions  administering 
either 
insurance  in  respect  of  invalidity,  old-age  or  death 
(pensions)  of  any  Member  State  with  which 
the 
employed  or  self-employed  person  has  been  insured, 
or  in  the  case  of  an  employed  person  the  employer  or 
employers  for  whom  he  has  worked  in  the  territory  of 
any  Member  State,  by  producing  any  employment 
certificates  which  he  may  have  in  his  possession; 

(d) 

the  Regulation, 

if,  under  Article  44  (2)  of 
the 
claimant  asks  for  the  postponement  of  the  award  of 
any  old-age  benefits  to  which  he  would  be  entitled 
under  the  legislation  of  one  or  more  Member  States 
he  must  specify  the  legislation  under  which  he  is 
claiming  benefits. 

Article  38 

Certified  statements  to the  members  of the family  to be taken 
into  account  when  establishing  the amount  of the  benefit 

In  order  to  receive  benefits  under  the  provisions  of 
1. 
Article  39  (4)  or  47  (3)  of  the  Regulation,  the  claimant 
shall  submit  a  certified  statement  relating  to  the  members 
of  his  family,  his  children  excepted,  who  are  residing  in  the 
the 
territory  of  a  Member  State  other 
institution  responsible  for  the  award  of  benefits  is  situated. 

in  which 

than 

institution  of 

the  place  of  residence  of 

This  certified  statement  shall  be  issued  by  the  sickness 
insurance 
the 
members  of  the  family,  or  by  another  institution  designated 
by  the  competent  authority  of  the  Member  State  in  whose 
territory  they  are  resident.  The  provisions  of  the  second 
and 
the 
subparagraphs  of  Article  25 
implementing  Regulation  shall  apply  by  analogy. 

(2)  of 

third 

In  place  of  the  certified  statement  provided  for  in  the  first 
subparagraph,  the  institution  reponsible  for  the  award  of 
benefits  may  require  the  claimant  to  supply  recent  civil 
status  documents  relating  to  the  members  of  his  family,  his 
children  excepted,  who  are  residing  in  the  territory  of  a 
Member  State  other  than  the  State  in  which  the  said 
institution  is  situated. 

to  in  paragraph  1,  if 
the 

the 
2. 
In  the  case  referred 
legislation  administered  by 
institution  concerned 
requires  that  the  members  of  the  family  should  live  under 
the  same  roof  as  the  pensioner,  the  fact  that  the  said 
members  of  the  family  who  do  not  satisfy  that  condition 
are  nevertheless  mainly  dependent  on  the  claimant  must  be 
established  by  documents  proving  the  regular  transmission 
of  part  of  the  claimant's  earnings. 

Article  39 

(11) 

Investigation  of applications  for  invalidity  benefits  where an 
employed  person or a self-employed  person has been subject only 
to the  legislations  mentioned  in  part  A of Annex IV to the 
Regulation 

If  an  employed  or 

1. 
self-employed  person  has 
submitted  a  claim  for  invalidity  benefits,  and  the  institution 
establishes  that  the  provisions  of  Article  37  (1)  of  the 
Regulation  apply,  that  institution  shall,  where  necessary, 
obtain 
the  person 
concerned  was  last  insured  a  certified  statement  of  the 
periods  of 
the 
legislation  administered  by  the  last  institution. 

insurance  completed  by  him  under 

institution  with  which 

from 

the 

2.  Where  it  is  necessary  to  take  into  account  periods  of 
insurance  previously  completed  under  the  legislation  of  any 
other  Member  State  in  order  to  satisfy  the  conditions  of 
the  legislation  of  the  competent  State,  the  provisions  of 
paragraph  1 shall  apply  by  analogy. 

In  the  case  referred 

to  in  Article  39  (3)  of  the 
3. 
Regulation, 
the 
institution  which  has 
claimant's  case  shall  forward  his  file  to  the  institution  with 
which  the  person  concerned  was  last  insured. 

investigated 

the 

4. 
Articles  41  to  50  of  the  implementing  Regulation 
shall  not  apply  to  the  investigation  of  claims  referred  to  in 
paragraphs  1,  2  and  3. 

Article  40 

Determination  of the  degree of iriVSTidity 

of 

invalidity, 

to  determine 

the  degree  of 

the  Member  State 

the 
In  order 
institution 
into 
consideration  the  documents  and  medical  reports  and  the 
information  of  an  administrative  nature  obtained  by  the 
institution  of  any  other  Member  State.  Each  institution 
shall,  however,  retain 
the  claimant 
the  right 
examined  by  a  doctor  of  its  own  choice  except  where  the 
provisions  of  Article  40  (4)  of  the  Regulation  apply. 

to  have 

shall 

take 

574/72  -  19 

Investigation  of claims  for  benefits  in  respect  of  invalidity, 
old  age  and  survivors  in  the  cases  referred  to  in  Article 
36  of  the  implementing  Regulation 

Article  41 

Determination  of the  investigating  institutions 

Claims  for  benefit  shall  be 

1. 
the 
institution  to  which  they  have  been  sent  or  forwarded  in 
accordance  with 
the 
implementing  Regulation.  This  institution  is  hereinafter 
referred  to  as  the  'investigating  institution'. 

the  provisions  of  Article  36  of 

investigated  by 

2. 
The  investigating  institution  shall  forthwith  notify 
claims  for  benefits  to  all  the  institutions  concerned  on  a 
investigated 
special  form,  so 
simultaneously  and  without  delay  by  all  these  institutions. 

the  claims  may  be 

that 

Article  42 

Forms  to be used  for  the  investigation  of claims  for  benefits 

When 

claims 

investigating 

1. 
the 
investigating  institution  shall  use  a  form  which  will  include, 
in  particular,  a  statement  and  a  summary  of  the  periods  of 
insurance  or  residence  completed  by  the  employed  or 
self-employed  person  under 
the 
Member  States  concerned. 

legislation  of  all 

benefits 

the 

for 

These  forms,  when  forwarded  to  the  institution  of 
2. 
any  other  Member  State,  shall  take  the  place  of  supporting 
documents. 

Article  43 

Procedure  to be  followed  by the  institution  concerned  in  the 
investigation  of a claim 

for 

the 

in  Article  42  (1)  of 

The  investigating  institution  shall  enter  on  the  form 
1. 
implementing 
provided 
Regulation  the periods  of  insurance  or  residence  completed 
under 
the  legislation  which  it  administers  and  it  shall 
forward  a copy  of  that  form  to  the  institution  administering 
insurance 
invalidity,  old-age  or  death 
(pensions)  of  any  Member  State  with  which  the  employed 
or  self-employed  person  has  been  insured  enclosing,  where 
appropriate,  any  employment  certificates  produced  by  the 
claimant. 

respect  of 

in 

(b) 

(c) 

the  amount  of  benefit  which  the  claimant  could  claim 
in  respect  of  those  periods  of  insurance  or  residence 
only; 

the  theoretical  amount  and  the  actual  amount  of 
benefits  calculated  in  accordance  with  the  provisions 
of  Article  46  (2)  of  the  Regulation. 

The  form, 
investigating  institution. 

thus  completed,  shall  be  returned 

to 

the 

If  a  right  to  benefits  is  acquired  taking  into  account  only 
the  periods  of  insurance  or  residence  completed  under  the 
legislation  administered  by  the  institution  of  the  second 
Member  State,  and  if  the  amount  of  benefit  corresponding 
to  those  periods  can  be  determined  without  delay,  whereas 
the  calculation  procedure  referred  to  in  subparagraph  (c) 
requires  an  appreciably  longer  period  of  time,  the  form 
shall  be  returned  to  the  investigating  institution  with  the 
information  referred  to  in  subparagraphs  (a)  and  (b);  the 
information 
(c)  shall  be 
forwarded 
investigating  mstitution  as  soon  as 
possible. 

referred 
the 

in  subparagraph 

to 

to 

3. 
If  two  or  more  other  institutions  are  involved,  each 
one  of  those  institutions  shall  complete  the  said  form  by 
indicating  the  periods  of  insurance  or  residence  completed 
under  the  legislation  which  it  administers,  and  shall  return 
it  to  the  investigating  institution. 

administered  by  one  or  more  of 

If  a  right  to  benefits  is  acquired  taking  into  account  only 
the  periods  of  insurance  or  residence  completed  under  the 
those 
legislation 
institutions,  and  if  the  amount  of  benefit  corresponding  to 
those  periods  can  be  determined  without  delay, 
the 
investigating  institution  shall  be  simultaneously  notified  of 
that  amount  and  of  the  periods  of  insurance  or  residence; 
if  the  determination  of  the  said  amount  involves  some 
delay,  the  investigating  institution  shall  be  notified  of  that 
amount  as  soon  as  it  has  been  determined. 

On  receipt  of  all  the  forms  giving  information  concerning 
periods  of  insurance  or  residence  and,  where  appropriate, 
the  amount  or  amounts  due  under  the  legislation  of  one  or 
more  of  the  Member  States  concerned,  the  investigating 
institution  shall 
thus 
forward  a  copy  of 
completed  to  each  of  the  institutions  concerned  which  shall 
the  theoretical  amount  and  the  actual 
specify 
amount  of  the  benefits,  calculated  in  accordance  with  the 
provisions  of  Article  46  (2)  of  the  Regulation,  and  shall 
return  the  form  to  the  investigating  institution. 

thereon 

forms 

the 

Where  only  one  other  institution  is  involved,  that 

2. 
institution  shall  complete  the  said  form  by  indicating: 

(a) 

the  periods  of  insurance  or  residence  completed  under 
the  legislation  which  it  administers; 

the 

information  referred 

As  soon  as  the  investigating  institution,  upon  receipt 
4. 
of 
to  in  paragraphs  2  or  3, 
establishes  the  fact  that  the  provisions  of  Article  40  (2)  or 
48  (2)  or  (3)  of  the  Regulation  should  be  applied,  it  shall 
inform  the  other  institutions  concerned  accordingly. 

574/72  -  20 

5. 
In  the  case  provided  for  in  Article  37  (d)  of  the 
implementing  Regulation,  the  institutions  of  the  Member 
States  to  whose  legislation  the  claimant  has  been  subject 
but  to which  he  has  applied  for  postponement  of  the  award 
of  the  benefits  shall  enter  on  the  form  provided  for  in 
Article  42  (1)  of  the  implementing  Regulation  only  the 
the 
residence  completed  by 
periods  of 
claimant  under  the  legislation  which  they  administer. 

insurance  or 

Article  44 

Institution empowered to take a decision relating to the degree of 
invalidity 

1. 
Subject  to  the  provisions  of  paragraphs  2  and  3, only 
the  investigating  institution  shall  be  empowered  to  take  the 
decision  referred  to  in  Article  40  (4)  of  the  Regulation 
concerning  the  degree  of  invalidity  of  the  claimant.  It  shall 
take  such  a  decision  as  soon  as  it  is  in  a  position  to 
determine  whether,  taking  account,  where  appropriate,  of 
the  provisions  of  Article  45  of 
the 
conditions  for  entitlement  fixed  by  the  legislation  which  it 
administers  are  fulfilled. 
It  shall  notify  such  decision 
forthwith  to  the  other  institutions  concerned. 

the  Regulation, 

2. 
If,  taking  account  of  the  provisions  of  Article  45  of 
the  Regulation,  the  conditions  for  entitlement,  other  than 
those  relating  to  the  degree  of  invalidity,  laid  down  by  the 
legislation  administered  by  the  investigating  institution  are 
not  fulfilled,  that  institution  shall  immediately  notify  the 
competent  institution  in  respect  of  invalidity  of  the  other 
the  employed  or 
Member  State 
self-employed  person  was  last  subject.  This  institution  shall, 
if 
the 
for  entitlement 
legislation  which  it  administers  are  fulfilled,  be  empowered 
to  take  the  decision  relating  to  the  degree  of  invalidity  of 
the  claimant;  it  shall  forthwith  notify  that  decision  to  the 
other  institutions  concerned. 

laid  down  by 

the  conditions 

legislation 

to  whose 

Where  necessary, 

the  matter  may  have 

3. 
to  be 
referred  back,  under  the  same  conditions,  to  the  competent 
institution  in  respect  of  invalidity  of  the  Member  State  to 
whose  legislation  the  employed  or  self-employed  person 
was  first  subject. 

to 

from 

supplied 

is  acquired  under 

If  the  claimant  is  not  entitled  to  benefits  under 
2. 
the 
information 
paragraph  1  but, 
investigating  institution  pursuant  to  Article  43  (2)  or  (3)  of 
the  implementing  Regulation,  it  transpires  that  a  right  to 
benefits 
legislation  of  another 
Member  State  taking  into  account  only  the  periods  of 
insurance  or  residence  completed  under  that  legislation, 
the  institution  which  administers  the  said  legislation  shall 
pay  such  benefits  on  a  provisional  basis  as  soon  as  the 
investigating  institution  has  informed  it  of  its  obligation  to 
do  so. 

the 

3. 
If,  in  the  case  referred  to  in  paragraph  2,  a  right  to 
benefits  is  acquired  under  the  legislation  of  more  than  one 
Member  State,  taking  into  account  only  those  periods  of 
insurance  or  residence  completed  under  each  one  of  those 
legislations,  the  payment  of  benefits  on  a  provisional  basis 
shall  be  the  responsibility  of  the  institution  which  in  the 
the  investigating  institution  of  the 
first  place  informed 
existence  of  such  a  right;  it  shall  be  the  duty  of 
the 
investigating  institution  to  inform 
institutions 
concerned. 

the  other 

The 

required 

institution 

4. 
to  pay  benefits  under 
paragraph  1,  2  or  3  shall  forthwith  inform  the  claimant  of 
the  fact,  drawing  his  attention  explicitly  to  the  provisional 
nature  of  the  measure  taken  and  to  the  fact  that  is  not 
open  to  appeal. 

from 

information 

If  no  benefit 

to  the  claimant  on  a 
5. 
is  payable 
it 
provisional  basis  under  paragraph  1,  2  or  3,  but 
is 
right 
transpires 
the 
acquired  under  Article  46  (2)  of  the  Regulation, 
investigating 
institution  shall  pay  him  an  appropriate 
recoverable  advance,  the  amount  of  which  shall  be  as  close 
as  possible  to  the  amount  he  will  probably  be  awarded 
under  Article  46  (2)  of  the  Regulation. 

received 

that  a 

6. 
Two  Member  States  or  the  competent  authorities  of 
those  Member  States  may  agree  to  apply  other  methods  of 
payment  of  benefits  on  a  provisional  basis  in  cases  where 
only  the  institutions  of  those  States  are  concerned.  Any 
such  agreements  which  are  concluded  on  this  subject  shall 
be  notified  to  the  Administrative  Commission. 

Article  45 

Article  46 

(11) 

Provisional  payment  of benefits  and  advance payments of 
benefits 

1. 
If  the  investigating  institution  establishes  that  the 
claimant  is  entitled  to  benefits  under  the  legislation  which 
to  periods  of 
it  administers  without  having  recourse 
insurance  or  residence  completed  under  the  legislation  of 
other  Member  States, 
benefits 
it 
immediately  on  a  provisional  basis. 

shall  pay 

such 

Amounts due for  periods of voluntary  insurance  or  optional 
continued  insurance,  which  must  not  be taken  into  consideration 
under  Article  15 (1)  (b) of the  implementing  Regulation. 

For  the  calculation  of  the  theoretical  amount  and  of  the 
actual  amount  of  the  benefit  in  accordance  with  Article  46 
(2)  (a)  and  (b)  of  the  Regulation,  the  rules  laid  down  in 
Article  15  (1),  (b),  (c)  and  (d)  of 
implementing 
Regulation  shall  be  applicable. 

the 

574/72  -  21 

The  amount  actually  due,  calculated  in  accordance  with 
Article  46  (2)  of  the  Regulation,  shall  be  increased  by  the 
amount  which  corresponds  to  the  periods  of  voluntary  or 
optional  continued  insurance,  which  have  not  been  taken 
into  account  under  Article  15  (1)  (b)  of  the  implementing 
Regulation.  This  increase  shall  be  calculated  in  accordance 
with  the  provisions  of  the  Member  State's  legislation  under 
which  the  periods  of  voluntary  insurance  or  of  optional 
continued  insurance  have  been  completed. 

The  comparison  referred 
the 
to 
Regulation  must  made  bearing  the  aforesaid  increase  in 
mind. 

in  Article  46  (3)  of 

In 

the  event  of 

2. 
recalculation,  withdrawal  or 
suspension  of  a  benfit,  the  institution  which  has  taken  such 
a  decision  shall  immediately  notify  the  person  concerned 
and  each  of  the  institutions  on  which  the  person  concerned 
has  a  claim,  if  necessary  through  the  good  offices  of  the 
investigating  institution.  The  decision  must  specify 
the 
grounds  and  time-limits  for  appeal  provided  for  by  the 
legislation  in  question.  Periods  allowed  for  appeals  shall 
commence  only  on  the  date  of  receipt  of  the  decision  by 
the  person  concerned. 

Article  50 

Measures  designed  to accelerate  the  award  of  benefits 

Article  47 

(11) 

1. 

(a) 

Calculation  of the amounts  due  corresponding  to the  periods of 
voluntary  or  optional  continued  insurance 

In  accordance  with  the  legislation  it  applies,  the  institution 
of  each  Member  State 
amount 
corresponding  to  the  periods  of  voluntary  or  optional 
continued  insurance  which,  under  Article  46a  (3)  (c)  of  the 
Regulation,  is  not  subject  to  the  provisions  for  withdrawal, 
reduction  or  suspension  of  another  Member  State. 

shall  calculate 

the 

Article  48 

(11) 

Notification  to the  claimant  of  the  decisions  of the  institutions 

1. 
The  final  decision  taken  by  each  of  the  institutions 
concerned  shall  be  notified  to  the  investigating  institution. 
Each  of  these  decisions  must  specify 
the  grounds  and 
time-limits  for  appeal  provided  for  by  the  legislation  in 
question.  When  all  these  decisions  have  been  received,  the 
investigating  institution  shall  communicate  them  to  the 
claimant  in  his  own  language  by  means  of  a  summarized 
statement 
the  aforesaid  decisions  shall  be 
appended.  Periods  allowed  for  appeals  shall  commence 
only  on  the  date  of  receipt  of  the  summarized  statement  by 
the  claimant. 

to  which 

2. 
On  dispatch  to  the  claimant  of  the  summarized 
statement  provided  for  in  paragraph  1,  the  investigating 
institution  shall  simultaneously  forward  a  copy  to  each  one 
of  the  institutions  concerned,  enclosing  with  it  a  copy  of 
the  decisions  of  the  other  institutions. 

Article  49 

(11) 

Recalculation  of  benefits 

1. 
For  the  purpose  of  implementing  Article  43  (3)  and 
(4),  Article  49  (2)  and  (3)  and  Article  51  (2)  of  the 
Regulation, 
the 
implementing  Regulation  shall  apply  mutatis  mutandis. 

of  Article 

provisions 

45  of 

the 

(i)  Where  an  employed  or  self-employed  per 
son  who  is  a  national  of  one  Member  State 
becomes  subject  to  the  legislation  of  another 
Member  State,  the  competent  institution  in 
respect  of  pensions  of  the  latter  Member 
State  shall,  using  all  the  means  at  its  dispos 
al  and  at  the  time  of  registration  of  the  per 
the  body 
forward 
son 
designated  by  the  competent  authority  of 
that  same  Member  State,  all  information  re 
lating  to  the  identification  of  the  person 
concerned  and  the  name  of  the  said  compe 
tent  institution  and  the  insurance  number  al 
lotted  by  the  latter. 

concerned, 

to 

(ii)  Moreover,  the competent  institution  referred 
to  in  subparagraph  (i)  shall  also,  as  far  as 
to  the  body  designated 
possible,  forward 
under  the  provisions  of  subparagraph  (i)  any 
other  information  which  may  facilitate  and 
accelerate  the  award  of  the  pensions. 

(iii)  Such  information  shall  be  forwarded,  under 
conditions 
the  Administrative 
Commission,  to  the  body  designated  by  the 
competent  authority  of  the  Member  State 
concerned. 

fixed  by 

(iv)  For  the  implementation  of  the  provisions  of 
subparagraphs  (i),  (ii)  and  (iii),  stateless 
persons  and  refugees  shall  be  deemed  to  be 
nationals  of  the  Member  State  to  whose 
legislation  they  were  first  subject. 

(b)  The  institutions  concerned  shall,  at  the  request  of 
the  person  concerned  or  of  the  institution  with 
which  he 
insured,  draw  up  his 
insurance  history  starting  not  later  than  one  year 
before 
reach 
the  date  on  which  he  will 
pensionable  age. 

is  currently 

The  Administrative  Commission 

2. 
the 
methods  for  implementing  the  provisions  of  paragraph  1. 

shall 

fix 

574/72 -  22 

Administrative  checks  and  medical  examinations 

Payment  of  benefits 

Article  51 

1.  When  a  person  in  receipt  of  benefits,  in  particular: 

(a) 

invalidity  benefits; 

(b)  old-age  benefits  awarded  in  the  event  of  unfitness  for 

work; 

(c)  old-age  benefits  awarded 

to  elderly  unemployed 

persons; 

(d)  old-age  benefits  awarded  in  the  event  of  cessation  of 

a  professional  or  trade  activity; 

(e)  survivors'  benefits  awarded  in  the  event  of  invalidity 

or  unfitness  for  work; 

(f)  benefits  awarded  on  condition  that  the  means  of  the 

recipient  do  not  exceed  a  prescribed  limit, 

is  staying  or  residing  in  the  territory  of  a  Member  State 
other  than  the  State  in which  the  institution  responsible  for 
payment  is  situated,  administrative  checks  and  medical 
examinations  shall  be  carried  out,  at  the  request  of  that 
the  place  of  stay  or 
institution,  by  the 
residence  of 
the 
the 
procedures  laid  down  by the  legislation  administered  by  the 
latter  institution.  The  institution  responsible  for  payment 
shall,  however,  reserve  the  right  to  have  the  recipient 
examined  by  a  doctor  of  its  own  choice. 

institution  of 
recipient 

in  accordance  with 

If  it  is  established  that  the  recipient  referred  to  in 
2. 
paragraph  1 is  employed  or  self-employed  or  has  means  in 
excess  of  the  prescribed  limit  while  receiving  benefits,  the 
institution  of  the  place  of  stay  or  residence  shall  send  a 
report  to  the  institution  responsible  for  payment  which  has 
requested 
the  check  or  examination.  This  report  shall 
indicate  in  particular  the  nature  of  the  employment  or 
self-employment  pursued  by  the  person  concerned,  the 
amount  of  earnings  or  means  which  he  has  had  during  the 
last  complete  quarter,  the  normal  earnings  obtained  in  the 
same  area  by  an  employed  person  or  a  self-employed 
person  at  the  same  level  as  the  person  concerned  in  the 
occupation  which  he  followed  before  becoming  an  invalid 
over  a  reference  period  to  be  determined  by the  institution 
the 
responsible 
opinion  of  a  medical  expert  on  the  state  of  health  of  the 
person  concerned. 

for  payment  and,  where  appropriate, 

Article  52 

the  person  concerned 

When,  after  suspension  of 
the  benefits  which  he  was 
to 
receiving, 
benefits  whilst  residing  in  the  territory  of  a  Member  State 
other  than  the  competent  State,  the  institutions  concerned 
shall  exchange  all  relevant  information  with  a  view  to  the 
resumption  of  the  provision  of  the  said  benefits. 

recovers  his  right 

Article  53 

Method  of payment  of  benefits 

If 

the 

in  the 

institution  responsible  for  payment 

1. 
in  a 
Member  State  does  not  pay  directly  to  persons  entitled  to 
benefits  who  are  residing 
territory  of  another 
Member  State  the  benefits  due  to  them,  such  benefits  shall 
be  paid,  at  the  request  of  the  institution  responsible  for 
payment,  by the  liaison  body of  the  latter  Member  State  or 
by  the  institution  ot  the  place  of  residence  of  the  said 
the 
persons  entitled 
procedure,  provided  for 
the 
implementing  Regulation;  if  the  institution  responsible  for 
payment  pays  the  benefits  directly  to  the  persons  entitled 
the  institution  of  the  place  of 
thereto,  it  shall  notify 
residence  of  this  fact.  The  payment  procedure 
to  be 
applied  by  the  institution  of  the  Member-States  is  listed  in 
Annex  6. 

in  accordance  with 
in  Articles  54  to  58  of 

to  benefits 

2. 
Two  or  more  Member  States  or  the  competent 
authorities  of  those  States  may  agree  on  other  procedures 
for  the  payment  of  benefits  in  cases  where  the  competent 
institutions  of  those  Member  States  are  the  only  ones 
concerned.  Any  agreements  concluded  on  this  subject  shall 
be  notified  to  the  Administrative  Commission. 

The  provisions  of  agreements 

the 
3. 
payment  of  benefits  which  apply  on  the  day  preceding  the 
entry  into  force  of  the  Regulation  shall  continue  to  apply 
provided  that  they  are  listed  in  Annex  5. 

relating 

to 

Article  54 

Notification  to the paying body of the detailed  schedule of 
payments  to be made 

The  institution  responsible  for  payment  of  benefits  shall 
send  to  the  liaison  body  of  the  Member  State  in  whose 
territory  the  person  entitled  to  benefits  is  residing,  or  to 
the  institution  of  the  place  of  residence  (both  hereinafter 
called  'the  paying  body'),  in  duplicate,  a  detailed  schedule 
of  payments  to  be  made  which  should  reach  the  paying 
body  not  later  than  20 days  before  the  date  on  which  those 
benefits  become  due. 

Article  55 

Payment of amounts  due  into the  account  of the  paying body 

schedule  provided 

in  Article  54  of 

Ten  days  before  the  date  on  which  the  benefits  fall 
1. 
due,  the  institution  responsible  for  payment  shall  pay,  in 
the  currency  of  the  Member  State  in  whose  territory  it  is 
situated,  the  sum  necessary  for  the  payments  specified  in 
the 
the 
for 
implementing  Regulation.  Payment  shall  be  made  through 
the  National  Bank  or 
the 
Member  State  in whose  territory  the  institution  responsible 
for  payment  is  situated,  into  an  account  opened  in  the 
name  of  the  National  Bank  or  of  another  bank  of  the 
is 
Member  State 
in  favour  of  that  body.  Such  payment  shall 
situated, 
discharge  all 
for 
payment  shall,  at  the  same  time,  send  notification  of 
payment  to  the  paying  body. 

through  another  bank  of 

the  paying  body 

liability.  The 

responsible 

institution 

in  whose 

territory 

574/72  -  23 

2. 
The  bank  into  whose  account  payment  has  been 
made  shall  credit  the  paying  body  with  the  exchange  value 
of  the  payment  in  the  currency  of  the  Member  State  in 
whose  territory  that  body  is  situated. 

The  names  and 

3. 
registered  offices  or  places  of 
business  of  the  banks  referred  to  in  paragraph  1 are  listed 
in  Annex  7. 

Article  56 

Payment  of amounts  due by the  paying body  to persons  entitled 
to  benefits 

1. 
The  payments  specified  in  the  schedule  provided  for 
in  Article  54  of  the  implementing  Regulation  shall  be  paid 
to  the  person  entitled  to  benefits  by  the  paying  body  on 
behalf  of  the  institution  responsible  for  payment.  Such 
payments  shall  be  made  according  to  the  procedure  laid 
down  by  the  legislation  administered  by  the  paying  body. 

2. 
As  soon  as  the  paying  body  or  any  other  body 
designated  by  it  learns  of  any  circumstance  justifying  the 
suspension  or withdrawal  of  benefits,  it  shall  discontinue  all 
payment.  Such  shall  also  be  the  case  when  the  person 
entitled  to  benefits  transfers  his  residence  to  the  territory 
of  another  State. 

shall  advise 

The  paying  body 

3. 
institution 
responsible  for  payment  of  benefits  of  the  reason  for  any 
non-payment.  In  the  event  of  the  death  of  the  person 
entitled  to  benefits  or  of  his  spouse,  or  in  the  case  of  the 
re-marriage  of  a  widow  or  widower,  the  paying  body  shall 
notify  the  said  institution  of  the  date  thereof. 

the 

Article  57 

Settlement  of  accounts  in  respect  of  the  payment  referred  to  in 
Article  56  of  the  implementing  Regulation 

1. 
The  accounts  in  respect  of  the  payments  referred  to 
in  Article  56  of  the  implementing  Regulation  shall  be 
settled  at  the  end  of  each  payment  period  in  order  to 
determine  amounts  actually  paid  to  persons  entitled  to 
benefits  or  to  their  legal  or  authorized  representatives  as 
well  as  amounts  unpaid. 

2. 
The  total  amount,  expressed  in  figures  and  in  words 
in  the  currency  of  the  Member  State  in whose  territory  the 
institution  responsible  for  payment  is  situated,  shall  be 
certified  as  being  in  accordance  with  the  payments  made 
by the  paying  body  and  endorsed  with  the  signature  of  that 
body's  representative. 

The  paying  body  shall  guarantee  that  the  payments 

3. 
so  determined  have  been  properly  made. 

responsible 

for  payment,  expressed 

The  difference  between 

the  sums  paid  by 
in 

the 
4. 
institution 
the 
currency  of  the  Member  State  in  whose  territory  that 
institution  is  situated,  and  the  value,  expressed  in  the  same 
currency,  of  the  payments  accounted  for  by  the  paying 
body  shall  be  entered  against 
to  be  paid 
subsequently  under  the  same  heading  by  the  institution 
responsible  for  payment. 

the  sums 

Article  58 

Recovery of expenses  incurred  in  the payment  of  benefits 

in 

incurred 

The  expenses 
the  payment  of  benefits, 
particularly  postal  and  bank  charges,  may  be  recovered 
from 
the 
conditions  provided  for  by  the  legislation  administered  by 
that  body. 

the  paying  body  under 

recipients  by 

the 

Article  59 

Notification  of transfer  of residence  of the  person  entitled  to 
benefits 

to  benefits  due  under 

When  a  person  entitled 
the 
legislation  of  one  or  more  Member  States  transfers  his 
residence  from  the  territory  of  one  State  to  that  of  another 
State,  he  shall  notify 
institution  or 
this  fact 
institutions  responsible  for  the  payment  of  such  benefits 
and  to  the  paying  body. 

the 

to 

CHAPTER  4 

ACCIDENTS  AT WORK  AND  OCCUPATIONAL 
DISEASES 

Implementation  of  Articles  52  and  53  of  the  Regulation 

Article  60 

Benefits  in  kind  in  the  case  of  residence  in  a  Member  State 
other  than  the  competent  State 

information 

supplied  by 

1. 
In  order  to  receive  benefits  in  kind  under  Article 
52 (a)  of  the  Regulation,  an  employed  or  self-employed 
person  shall  submit  to  the  institution  of  the  place  of 
residence  a certified  statement  testifying  that  he  is  entitled 
to  such  benefits  in  kind.  This  certified  statement,  based 
upon 
the  employer,  where 
appropriate,  shall  be  issued  by  the  competent  institution. 
Moreover,  if  the  legislation  of  the  competent  State  so 
the  employed  or  self-employed  person  shall 
provides, 
submit  to  the  institution  of  the  place  of  residence  a  receipt 
from 
institution  of  notification  of  an 
accident  at  work  or  of  an  occupational  disease.  If  the 
person  concerned  does  not  submit  such-documents,  the 
institution  of  the  place  of  residence  shall  obtain  them  from 
the  competent  institution  and,  pending  their  arrival,  it  shall 
grant  him  the  benefits  in  kind  under  sickness  insurance, 
provided  that  he  satisfies  the  conditions  for  entitlement 
thereto. 

the  competent 

2. 
That  certified  statement  shall  remain  valid  until  the 
institution  of  the  place  of  residence  receives  notification  of 
its cancellation.  However,  when  the  said  certified  statement 
has  been  issued  by  a  French  institution,  it  shall  be  valid 
only  for  a year  following  the  date  of  its  issue,  and  must  be 
renewed  every  year. 

3. 
If  the  person  concerned  is  a  seasonal  worker,  the 
certified  statement  referred  to  in paragraph  1 shall  be  valid 
for  the  whole  of  the  expected  duration  of  the  seasonal 
work  unless,  in  the  meanwhile,  the  competent  institution 
notifies  the  institution  of  the  place  of  residence  of  its 
cancellation. 

574/72  -  24 

Upon  each  application  for  benefits 

4. 
in  kind,  the 
person  concerned  shall  submit  the  supporting  documents 
for  the  granting  of  benefits  in  kind  under  the  legislation  of 
the  Member  State  in  whose  territory  he  resides. 

Article  61 

Cash  benefits  other  than  pensions  in  the case  of residence  in a 
Member  State other  than  the  competent  State 

5. 
In  the  event  of  hospitalization  the  institution  of  the 
place  of  residence  shall,  within  three  days  of  becoming 
aware  of  the  fact,  notify  the  competent  institution  of  the 
date  of  entry 
the  probable  duration  of 
into  hospital, 
hospitalization  and  the  date  of  leaving  hospital. 

The  institution  of  the  place  of  residence  shall  notify 
6. 
the  competent 
in  advance  of  any  decision 
relating  to  the  granting  of  benefits  in  kind  where  the  likely 
or  actual  cost  exceeds  a  lump  sum  which  is  fixed  and 
periodically  reviewed  by  the  Administrative  Commission. 

institution 

The  competent  institution  shall  have  15 days  from  the  day 
on which  such  information  is sent  within  which  to  raise  any 
objection  and  to  state  the  reasons  on  which  such  objection 
is  based;  if,  at  the  end  of  that  period,  no  such  objection 
has  been  raised,  the  institution  of  the  place  of  residence 
shall  grant  the  benefits  in  kind.  Where  such  benefits  in 
kind  have  to  be  granted  in  a  case  of  extreme  urgency,  the 
institution  of  the  place  of  residence  shall  forthwith  inform 
the  competent  institution  thereof. 

7. 
The  person  concerned  shall  inform  the  institution  of 
the  place  of  residence  of  any  change  in  his  situation  which 
is  likely  to  alter  his  entitlement  to  benefits  in  kind,  in 
particular  any  cessation  or  change  of  employment  or 
transfer  of  residence  or  stay. 
self-employment  or  any 
Likewise,  should  the  person  concerned  cease  to  be  insured 
or  cease  to  be  entitled  to  benefits  in  kind,  the  competent 
the  place  of 
institution  shall  inform 
the 
residence  accordingly.  The 
the  place  of 
the  competent 
time, 
residence  may,  at  any 
institution  to  supply  it  with  any  information  relating  to  the 
insurance  of  the  person  concerned  or  to  his  entitlement  to 
benefits  in  kind. 

institution  of 
institution  of 
request 

person 

shall,  within 

1. 
In  order  to  receive  cash  benefits  other  than  pensions 
under  Article  52  (b)  of  the  Regulation,  an  employed  or 
self-employed 
days  of 
commencement  of  the  incapacity  for  work,  apply  to  the 
mstitution  of 
the  place  of  residence  by  submitting  a 
notification  of  having  ceased  work  or,  if  the  legislation 
institution  or  by 
administered  by 
the 
institution  of 
residence  so  provides,  a 
certificate  of  incapacity  for  work  issued  by  the  doctor 
providing  treatment  for  the  person  concerned. 

the  competent 

the  place  of 

three 

2. 
If  the  doctors  providing  treatment  in  the  country  of 
residence  do  not  issue  certificates  of  incapacity  for  work, 
the  person  concerned  shall  apply  directly  to  the  institution 
of  the  place  of  residence  within  the  time  limit  fixed  by  the 
legislation  which  it  administers. 

That  institution  shall  immediately  have -the  incapacity  for 
work  medically  confirmed  and  the  certificate  referred  to  in 
paragraph  1  drawn  up.  Such  certificate  shall  state 
the 
probable  duration  of  the  incapacity  and  shall  be  forwarded 
to  the  competent  institution  forthwith. 

3. 
In  cases  where  paragraph  2  does  not  apply,  the 
institution  of  the  place  of  residence  shall,  as  soon  as 
possible  and  in  any  event  within  the  three  days  following 
the  date  on  which  the  person  concerned  applied  to  it,  have 
him  medically  examined  as  if  he  were  insured  with  that 
the  examining  doctor  shall 
institution.  The  report  of 
the 
indicate, 
incapacity 
the 
competent  institution  of  the  place  of  residence  within  the 
three  days  following  the  date  of  the  examination. 

the  probable  duration  of 
to 

for  work,  and  shall  be 

in  particular, 

forwarded 

The 

institution  of 

the  place  of  residence  shall 
4. 
subsequently  carry  out  any  necessary  administrative  checks 
or  medical  examinations  of  the  person  concerned  as  if  he 
were  insured  with  that  institution.  As  soon  as  it  establishes 
that  he  is  fit  to  resume  work  it  shall  forthwith  notify  the 
person 
institution 
accordingly,  stating  the  date  on  which  the  incapacity  for 
work  ceased.  Without  prejudice 
the  provisions  of 
paragraph  6,  the  notification  to  the  person  concerned  shall 
be  treated  as  a  decision  taken  on  behalf  of  the  competent 
institution. 

competent 

concerned 

and 

the 

to 

8. 
In  the  case  of  frontier  workers,  medicinal  products, 
bandages,  spectacles  and  small  appliances  may  be  issued, 
and  laboratory  analyses  and  tests  carried  out,  only  in  the 
they  were 
territory  of 
prescribed 
the 
in  accordance  with 
legislation  of  that  Member  State. 

the  Member  State 

the  provisions  of 

in  which 

Two  or  more  Member  States  or  the  competent 
9. 
authorities  of  these  Member  States  may,  having  received 
the  opinion  of  the  Administrative  Commission,  agree  on 
other  implementing  provisions. 

5. 
In  all  cases,  the  competent  institution  shall  reserve 
the  right  to  have  the  person  concerned  examined  by  a 
doctor  of  its  own  choice. 

If  the  competent  institution  decides  to  withhold  the 
6. 
cash  benefits  because 
the  person  concerned  has  not 
completed  the  formalities  laid  down  by  the  legislation  of 
the  country  of  residence,  or  if  it  establishes  that  the  person 
concerned  is  fit  to  resume  work,  it  shall  notify  the  person 
concerned  of  its  decision  and  shall  simultaneously  send  a 
copy  of  such  decision  to  the  institution  of  the  place  of 
residence. 

574/72  -  25 

the  competent 

When  the  person  concerned  resumes  work,  he  shall 
7. 
if  such 
notify 
notification  is  required  by  the  legislation  administered  by 
that  institution. 

institution  accordingly 

in  particular  by 

The  competent  institution  shall  pay  cash  benefits  by 
8. 
international 
the  appropriate  method, 
money  order,  and  shall  inform  the  institution  of  the  place 
of  residence  and  the  person  concerned  accordingly.  Where 
cash  benefits  are  paid  by  the  institution  of  the  place  of 
residence  on  behalf  of  the  competent  institution,  the  latter 
shall  inform  the  person  concerned  of  his  rights  and  shall 
notify 
the  institution  of  the  place  of  residence  of  the 
amount  of  the  cash  benefits,  the  dates  for  payment  and  the 
maximum  period  during  which  they  should  be  granted,  in 
accordance  with  the  legislation  of  the  competent  State. 

9. 
Two  or  more  Member  States  or  the  competent 
authorities  of  those  Member  States  may,  having  received 
the  opinion  of  the  Administrative  Commission,  agree  on 
other  implementing  provisions. 

Implementation  of  Article  55  of  the  Regulation 

Article  62 

Benefits  in  kind  in  the  case  of a  stay  in  a  Member  State  other 
than  the  competent  State 

In  order 

to  receive  benefits 

the  Regulation  who,  in 

1. 
in  kind,  a  person 
employed  in  international  transport  covered  by  Article  14 
the  course  of  his 
(2)  (a)  of 
employment,  goes  to  the  territory  of  a  Member  State  other 
than  the  competent  State,  shall,  as  soon  as possible,  submit 
to  the  institution  of  the  place  of  stay  a  special  certified 
statement  issued  by  the  employer  or  by  his  agent  during 
the  current  calendar  month  or  during  the  two  calendar 
months  preceding  its  submission.  Such  certified  statement 
shall  state  in  particular  the  date  from  which  the  person 
concerned  has  been  employed  by  the  said  employer  and 
the  name  and  address  of  the  competent  institution.  If  the 
person  concerned  has  submitted  such  certified  statement, 
he  shall  be  presumed  to  have  satisfied  the  conditions  for 
acquisition  of  the  right  to  benefits  in  kind.  If  the  person 
concerned  is  unable  to  contact  the  institution  of  the  place 
treatment  he  shall 
of  stay  before 
nevertheless  receive  such  treatment  on  presentation  of  the 
said  certified  statement  as  if  he  were  insured  with  that 
institution. 

receiving  medical 

The  institution  of  the  place  of  stay  shall within  three 
2. 
days  inquire  of  the  competent 
the 
person  concerned  satisfied  the  conditions  for  acquisition  of 
the  right  to  benefits  in  kind.  The  institution  of  the  place  of 
stay  shall  provide  the  benefits  in  kind  until  it  receives  a 
reply  from  the  competent  institution,  but  for  not  more 
than  30  days. 

institution  whether 

3. 
The  competent  institution  shall  send  its  reply  to  the 
institution  of  the  place  of  stay within  10 days  of  the  receipt 
of  the  request  from  that  institution.  If  that  reply  is  in  the 
affirmative, 
institution  shall  indicate,  if 
necessary,  the  maximum  period  during  which  the  benefits 
in  kind  may  be  granted,  in  accordance  with  the  legislation 
which  it  administers,  and  the  institution  of  the  place  of  stay 
shall  continue  to  provide  the  said  benefits. 

the  competent 

Benefits 

4. 
the 
presumption  made  in  paragraph  1  shall  be  reimbursed  as 
provided  for  in  Article  36  (1)  of  the  Regulation. 

in  kind  provided  by  virtue  of 

In  place  of  the  certified  statement  provided  for  in 
5. 
paragraph  1  the  employed  person  referred 
that 
paragraph  may  submit  to  the  institution  of  the  place  of 
stay  a  certified  statement  as  provided  for  in  paragraph  6. 

to  in 

6. 
In  order  to  receive  benefits  in  kind  under  Article  55 
(1)  (a)  (i)  of  the  Regulation,  except  in  cases  where  a 
presumption  is  made  under  paragraph  1,  the  employed  or 
self-employed  person  shall  submit  to  the.institution  of  the 
place  of  stay  a certified  statement  stating  that  he  is  entitled 
to  benefits  in  kind.  Such  certified  statement,  which  shall  be 
issued  by  the  competent  institution,  if  possible  before  the 
person  concerned  leaves  the  territory  of  the  Member  State 
in  which  he  resides,  shall  specify 
in  particular,  where 
necessary,  the  maximum  period  during  which  benefits  in 
kind  may  be  granted,  in  accordance  with  the  legislation  of 
the  competent  State.  If  the  person  concerned  does  not 
submit  the  said  certified  statement,  the  institution  of  the 
place  of  stay  shall  obtain  it  from  the  competent  institution. 

The  provisions  of  Article  60  (5),  (6)  and  (9)  of  the 

7. 
implementing  Regulation  shall  apply  by  analogy. 

Article  63 

Benefits  in kind  for employed  or  self-employed  persons who 
transfer  their  residence or return  to their  country  of residence, 
and  for  employed  or  self-employed  persons authorized  to go to 
another  Member  State  for  medical  treatment 

1. 
In  order  to  receive  benefits  in  kind  under  Article  55 
(1)  (b)  (i) of  the  Regulation,  an  employed  or  self-employed 
person  shall  submit  to  the  institution  of  the  place  of 
residence  a  certified  statement  testifying  that  he  is  entitled 
the  said  benefits.  This  certified 
to  continue  receiving 
statement,  which  shall  be 
the  competent 
institution,  shall  specify  in  particular,  where  necessary,  the 
maximum  period  during  which  such  benefits  may  continue 
to  be  provided,  in  accordance  with  the  provisions  of  the 
legislation  of  the  competent  State.  The  CeTtified  statement 
may,  at  the  request  of  the  person  concerned,  be  issued 
after  his  departure 
it 
cannot  be  draw  up  beforehand. 

if,  for  reasons  of  force  majeure, 

issued  by 

The  provisions  of  Article  60  (5),  (6)  and  (9)  of  the 

2. 
implementing  Regulation  shall  apply  by  analogy. 

574/72  -  26 

3. 
Paragraphs  1 and  2 shall  apply  by  analogy  in  respect 
of  the  provision  of  benefits  in  kind  in  the  case  referred  to 
in  Article  55  (1)  (c)  (i)  of  the  Regulation. 

Article  64 

Cash benefits  other  than  pensions  in the case of a stay  in a 
Member  State  other  than  the competent  State 

the 

The  provisions  of  Article  61  of 
implementing 
Regulation  shall  apply  by  analogy  in  respect  of  the  receipt 
of  cash  benefits,  other  than  pensions,  under  Article  55  (1) 
(a)  (ii)  of  the  Regulation.  However,  without  prejudice  to 
the  obligation  to  submit  a  certificate  of  incapacity  for 
work,  an  employed  or  self-employed  person  who  is  staying 
in  the  territory  of  a  Member  State  without  pursuing  any 
professional  or  trade  activity  there  shall  not  be  required  to 
submit  the  notification  of  having  ceased  work  referred  to 
in  Article  61  (1)  of  the  implementing  Regulation. 

Implementation  of  Articles  52  to  56  of  the  Regulation 

Article  65 

Declarations, investigations  and  exchange of information  between 
institutions  relating  to an  accident at  work sustained  in, or an 
occupational  disease  contracted  in, a Member  State  other  than 
the competent  State 

1.  When  an  accident  at  work  is  sustained  in,  or  an 
occupational  disease  is  diagnosed  for  the  first  time  in,  the 
territory  of  a  Member  State  other  than  the  competent 
State,  a  declaration  of  the  accident  at work  or  occupational 
disease  must  be  made  in  accordance  with  the  provisions  of 
the  legislation  of  the  competent  State  without  prejudice  to 
any  legal  provisions  in  force  in  the  territory  of  the  Member 
State  in  which  the  accident  at  work  was  sustained  or  in 
which  the  occupational  disease  was  first  diagnosed,  and 
which  shall 
remain  applicable.  This 
declaration  shall  be  sent  to  the  competent  institution  and  a 
copy  shall  be  sent 
institution  of  the  place  of 
to  the 
residence  or  to  the  institution  of  the  place  of  stay. 

in  such  a  case 

The 

institution  of 

the  Member  State 

2. 
in  whose 
territory  the  accident  at  work  was  sustained  or  in which  the 
occupational  disease  was  first  diagnosed,  shall  forward  to 
the  medical 
the  competent 
certificate  drawn  up  in  that  territory  and  any  relevant 
information  which  the  latter  institution  may  request. 

in  duplicate, 

institution, 

in 

If, 

the  case  of  an  accident  sustained  while 
3. 
travelling  in  the  territory  of  a  Member  State  other  than  the 
competent  State,  there  are  grounds  for  holding  an  enquiry 
in  the  territory  of  the  first  Member  State,  an  investigator 
may  be  appointed  for 
that  purpose  by  the  competent 
institution,  which  shall  so  inform  the  authorities  of  that 
Membei  State.  Those  authorities  shall  assist 
the  said 
investigator,  in  particular  by  appointing  a  person  to  assist 
him  in  the  consultation  of  official  reports  and  any  other 
documents  relating  to  the  accident. 

the 

certificates 

concerning 

4. 
At  the  end  of  the  treatment,  a  detailed  report  shall 
be  forwarded  to  the  competent  institution  together  with 
permanent 
medical 
consequences  of  the  accident  or  disease,  and  in  particular 
the  present  condition  of  the  person  concerned,  and  the 
recovery  from 
the  injuries  or  their  consolidation.  The 
relevant  fees  shall  be  paid  by the  institution  of  the  place  of 
residence  or  the  institution  of  the  place  of  stay,  as  the  case 
may  be,  in  accordance  with 
the 
institution,  but  shall  be  chargeable 
the  competent 
institution. 

the  rate  applied  by 

to 

The  competent  institution  shall,  on  request,  notify 
5. 
the  institution  of  the  place  of  residence  or  the  institution 
of  the  place  of  stay,  as  the  case  may  be,  of  the  decision 
determining  the  date  of  recovery  from  the  injuries  or  their 
consolidation  and,  where  appropriate,  the  decision  relating 
to  the  granting  of  a  pension. 

Article  66 

Disputes concerning  the  occupational  nature  of the accident  or 
disease 

to 

the 

institution  of 

1.  When,  in  the  cases  referred  to  in  Article  52  or 
55 (1)  of  the  Regulation,  the  competent  institution  disputes 
the  application  of  the  legislation  relating  to  accidents  at 
work  or  occupational  diseases,  it  shall  forthwith  notify  that 
fact 
the  place  of  residence  or 
institution  of  the  place  of  stay which  provided  the  benefits 
in  kind;  those  benefits  shall  then  be  considered  as  coming 
under  sickness  insurance  and  shall  continue  to  be  provided 
thereunder  upon  presentation  of  the  certificates  or  certified 
statements  referred 
the 
implementing  Regulation. 

in  Articles  20  and  21  of 

to 

2.  When  a  final  decision  has  been  reached  on  this 
subject,  the  competent  institution  shall  forthwith  notify  the 
fact  to  the  institution  of  the  place  of  residence  or  to  the 
institution  of  the  place  of  stay  which  provided  the  benefits 
in  kind.  Where  the  case  is  not  one  of  an  accident  at  work 
or  an  occupational  disease  that  institution  shall  continue  to 
provide  the  said  benefits  in  kind  under  sickness  insurance 
if  the  employed  or  self-employed  person  is entitled  thereto. 
In  other  cases,  the  benefits  in  kind  received  by  the  person 
concerned  under  sickness  insurance  shall  be  considered  as 
benefits  for  an  accident  at  work  or  an  occupational  disease. 

Implementation  of  Article  57  of  the  Regulation 

Article  67 

(7) 

Procedure  in the case of exposure  to the risk of an  occupational 
disease in  several Member  States 

In 

the  case  covered  by  Article  57  (1)  of 

the 
1. 
Regulation,  notification  of  the  occupational  disease  shall  be 
forwarded  either  to  the  competent  institution  in  respect  of 
occupational  diseases  of  the  Member  State  under  whose 
legislation 
last 
pursued  an  activity  likely  to  cause  the  disease  in  question, 
or  to  the  institution  of  the  place  of  residence,  which  shall 
forward  the  notification  to  the  said  competent  institution. 

the  person  suffering 

the  disease 

from 

If 

the 

institution 

competent 

2. 
in 
paragraph  1  ascertains  that  an  activity  which  might  cause 
the  occupational  disease  in  question  was last pursued  under 
the  legislation  of  another  Member  State,  it  shall  forward 
the  notification  and  the  accompanying  documents  to  the 
corresponding  institution  of  that  Member  State. 

referred 

to 

574/72  -  27 

3.  When  the  institution  of  the  Member  State  under 
whose  legislation  the  person  suffering  from  the  disease  last 
pursued  an  activity  which  might  cause  the  occupational 
disease  in  question  ascertains  that  such  person  or  his 
survivors  do  not  satisfy  the  conditions  of  that  legislation, 
taking  into  account  the  provisions  of  Article  57  (2),  (3) 
and  (4)  of  the  Regulation,  the  said  institution  shall: 

(a) 

from 

forward,  without  delay,  to  the 
institution  of  the 
Member  State  under  whose  legislation  the  person 
suffering 
the  disease  previously  pursued  an 
activity  which  might  cause  the  disease  in  question,  the 
documents, 
notification 
including  the  findings  and  reports  of  the  medical 
examinations  arranged  by  the  first  institution,  and  a 
copy  of  the  decision  referred  to  under  (b); 

accompanying 

and 

all 

(b)  simultaneously  notify 

the  person  concerned  of  its 
decision,  indicating  in  particular  the  reasons  for  the 
refusal  of  benefits,  the  grounds  and  time  limits  for 
appeal,  and  the  date  on  which  the  file  was  forwarded 
to  the  institution  referred  to  under  (a). 

accordance  with 

Where  necessary  the  case  should  be  referred  back, 
4. 
same  procedure, 
the 
in 
corresponding 
the  Member  State  under 
whose  legislation  the  person  suffering  from  the  disease  first 
pursued  the  activity  which  might  cause  the  occupational 
disease  in  question. 

institution  of 

the 

to 

Article  68 

(7) 

Exchange  of  information  between  institutions  in  the  event  of  an 
appeal  against  a  decision  to  reject  a  claim  —  Payment  of 
advances  in  the  event  of  such  an  appeal 

legislation 

1.  Where  an  appeal  is  lodged  against  a  decision  to 
institution  of  one  of  the 
reject  a  claim  taken  by  the 
Member  States  under  whose 
the  person 
suffering  from  the  disease  pursued  an  activity  which  might 
cause  the  occupational  disease  in  question,  that  institution 
shall  so  inform  the  institution  to  which  the  notification  has 
laid 
been  forwarded 
down  in  Article  67  (3)  of  the  implementing  Regulation, 
and  shall  subsequently  notify 
the  final  decision 
reached. 

in  accordance  with  the  procedure 

it  of 

to  be  determined,  where  necessary, 

the 
If  the  right  to  benefits  was  acquired  under 
2. 
legislation  administered  by  the  latter  institution,  taking  into 
account  the  provisions  of  Article  57  (2),  (3)  and  (4)  of  the 
Regulation,  that  institution  shall  pay  advances  up  to  an 
after 
amount 
consultation  with  the  institution  against  whose  decision  the 
appeal  was  lodged.  The  latter  institution  shall  reimburse 
the  amount  of  the  advance  paid  if,  as  a  result  of  the 
appeal,  it  is  required  to  provide  the  benefits.  That  amount 
total  amount  of  the 
shall  then  be  deducted  from 
benefits  due  to  the  person  concerned. 

the 

Article  69 

(7) 

Apportionment of the cost of cash benefits  in cases of sclerogenic 

pneumoconiosis 

The  following  rules  shall  apply  for  the  implementation  of 
Article  57  (5)  of  the  Regulation: 

(a) 

(b) 

(c) 

institution 

responsible 

the  competent  institution  of  the  Member  State  under 
whose  legislation  cash  benefits  are  granted  pursuant 
to  Article  57  (1)  of  the  Regulation  (hereinafter  called 
'the 
for  payment  of  cash 
benefits')  shall  use  a  form  containing,  in  particular,  a 
statement  and  summary  of  all  periods  of  insurance 
(old-age  insurance)  or  periods  of  residence  completed 
by  the  person  suffering  from  the  disease  under  the 
legislation  of  each  one  of 
the  Member  States 
concerned; 

form 

the  person  suffering 

institution 
shall 

responsible 
forward 

for  payment  of  cash 
the 
benefits 
to  all  old-age 
that 
insurance  institutions  of  those  Member  States  with 
which 
from  - the  disease  was 
insured;  each  one  of  the  said  institutions  shall  enter 
(old-age 
on 
insurance)  or  periods  of  residence  completed  under 
the  legislation  which  it  administers  and  shall  return 
the  form  to  the  insiitution  responsible  for  payment  of 
cash  benefits; 

the  periods  of 

insurance 

form 

the 

institution 

responsible 

the 
for  payment  of  cash 
benefits  shall  then  apportion  the  costs  between  itself 
and  the  other  competent 
institutions  concerned;  it 
shall  notify  the  latter  of  such  apportionment  for  their 
supporting 
approve! 
evidence  in  particular  as  regards  the  total  amount  of 
cash  benefits  granted  and 
the 
percentages  of  the  apportionment; 

the  calculation  of 

together  with 

appropriate 

(d)  at  the  end  of  each  calender  year, 

the 

institution 
responsible  for  payment  of  cash  benefits  shall  forward 
to  each  of  the  other  competent  institutions  concerned 
a  statement  of  cash  benefits  paid  during  the  financial 
year  under  consideration,  showing  the  amount  due 
from  each  of  them  according  to  the  apportionment 
provided  for  under  (c);  each  one  of  those  institutions 
shall 
institution 
responsible  for  payment  of  cash  benefits  as  soon  as 
possible,  and  within  three  months  at  the  latest. 

the  amount  due 

refund 

the 

to 

Implementation  of  Article  58  (3)  of  the  Regulation 

Article  70 

Certified  statement  relating  to  the  members  of  the  family  to  be 
taken  into  consideration  when  calculating  cash  benefits, 
including  pensions 

1. 
In  order  to  receive  benefits  under  the  provisions  of 
Article  58  (3)  of  the  Regulation  the  claimant  shall  submit  a 
certified  statement  relating  to  the  members  of  his  family 
who  are  residing  in  the  territory  of  a  Member  State  other 
than  that  in which  the  in;titution  responsible  for  the  award 
of  cash  benefits  is  situated. 

574/72  -  28 

institution  of  the  place  of  residence  of 

This  certified  statement  shall  be  issued  by  the  sickness 
insurance 
the 
members  of  the  family  or  by  another  institution  designated 
by  the  competent  authority  of  the  Member  State  in  whose 
territory  they  are  resident.  The  provisions  of  the  second 
and 
the 
subparagraphs  of  Article  25 
implementing  Regulation  shall  apply  by  analogy. 

(2)  of 

third 

In  the  case  referred 

to  in  the  first  sentence  of 
3. 
Article  60  (2)  (b)  of 
institution 
the 
responsible  for  payment  of  cash  benefits  shall  notify  the 
competent  institutions  concerned,  for  their  approval, of  the 
changes  made  in  the  previous  apportionment  of  costs, 
together  with  the  appropriate  supporting  evidence. 

the  Regulation, 

In  place  of  the  certified  statement  provided  for  in  the  first 
subparagraph,  the  institution  responsible  for  the  award  of 
cash  benefits  may  require  the  claimant  to  produce  recent 
civil  status  documents  relating  to  members  of  his  family 
who  are  residing  in  the  territory  of  a  Member  State  other 
than  that  in  which  the  said  institution  is  situated. 

In  the  case  referred  to  in  the  second  sentence  of 
4. 
Article  60  (2)  (b)  of  the  Regulation,  the  provisions  of 
paragraph  2  shall  apply  by  analogy. 

In 

to 
the 

institution 

in  paragraph  1,  if  the 
2. 
the  case  referred 
legislation  administered  by 
concerned 
requires  that  the  members  of  the  family  should  live  under 
the  same  roof  as  the  claimant,  the  fact  that  the  said 
members  of  the  family  who  do  not  satisfy  that  condition 
are  nevertheless  mainly dependent  on  the  claimant  must  be 
established  by  documents  proving  the  regular  transmission 
of  part  of  the  claimant's  earnings. 

Implementation  of  Article  60  of  the  Regulation 

Article  71 

Aggravation  of an  occupational  disease 

In 

the  cases  covered  by  Article  60  (1)  of 

1. 
the 
Regulation,  the  claimant  shall  supply  the  institution  of  the 
Member  State  from  which  he  is  claiming  rights  jto  benefits 
with  all  information  relating  to  benefits  previously  granted 
in  respect  of  the  occupational  disease  in  question.  That 
institution  may  apply  to  any  other  institution  which  has 
to  obtain  any 
in  order 
previously  been  competent 
information  which  it  considers  necessary. 

2. 
In  the  case  covered  by  Article  60  (1)  (c)  of  the 
Regulation,  the  competent  institution  required  to  pay  the 
cash  benefits  shall  notify  the  other  institution  concerned, 
for  its  approval,  of  the  amount  of  costs  to  be  borne  by  the 
latter  institution  as  a  result  of  the  aggravation,  together 
with  appropriate  supporting  evidence.  At  the  end  of  each 
calendar  year,  the  first  institution  shall  send  the  second 
institution  a  statement  of  the  cash  benefits  paid  during  the 
financial  year  in  question,  showing  the  amount  due  from 
the  latter  institution  which  shall  make  the  refund  to  the 
first 
three 
institution  as  soon  as  possible,  and  within 
months  at  the  latest. 

Implementation  of  Article  61  (5)  and  (6)  of  the 
Regulation 

Article  72 

Assessment  of the degree of incapacity  in  the case of an  accident 
at work sustained  previously  or  subsequently  or  an  occupational 
disease  diagnosed  previously  or  subsequently 

to  determine 

In  order  to  assess  the  degrees  of  incapacity, 

to 
1. 
establish  a  right 
the 
to  any  benefit,  or 
amount  of  such  benefit  in  the  cases  referred  to  in  Article 
61  (5)  and  (6)  of  the  Regulation,  a  claimant  shall  supply 
the  competent  institution  of  the  Member  State  to  whose 
legislation  he  was  subject  at  the  time  when  the  accident  at 
work  was  sustained  or  the  occupational  disease  was  first 
diagnosed,  with  all  information  on  previous  or  subsequent 
accidents  at  work  sustained  or  occupational  diseases 
contracted  by him  when  he  was  subject  to  the  legislation  of 
any other  Member  State, whatever  the  degree  of  incapacity 
caused  by  those  previous  or  subsequent  cases. 

In 

the 

accordance  with 

it 
2. 
administers  in  respect  of  the  acquisition  of  the  right  to 
benefit,  and  the  determination  of  the  amount  of  benefit, 
the  competent  institution  shall  take  into  account  the  degree 
of  incapacity  caused  by those  previous  or  subsequent  cases. 

legislation  which 

3. 
The  competent  institution  may  apply  to  any  other 
institution  which  was previously  or  subsequently  competent 
to  obtain  any  information  which  it  considers  necessary. 

574/72  -  29 

to 

the  origin  of 

sustained  while 

When  a  previous  or  a  subsequent  incapacity  for  work  was 
the  person 
caused  by  an  accident 
concerned  was  subject  to  the  legislation  of  a  Member  State 
which  makes  no  distinction  as 
the 
incapacity  for  work,  the  competent  institution  in  respect  of 
a  previous  or  subsequent  incapacity  for  work  or  the  body 
designated  by  the  competent  authority  of  the  Member 
State  concerned  shall,  at  the  request  of  the  competent 
institution  of  another  Member  State, supply information  on 
the  degree  of  the  previous  or  subsequent  incapacity  for 
work  and,  as  far  as  possible,  any  information  which  would 
make  it  possible  to  determine  whether  the  incapacity  was 
the  result  of  an  accident  at  work within  the  meaning  of  the 
legislation  administered  by  the  institution  of  the  second 
Member  State.  Where  such  is  the  case,  the  provisions  of 
paragraph  2  shall  apply  by  analogy. 

Implementation  of  Article  62  (2)  of  the  Regulation 

Article  74 

Taking account  of the period  during which benefits  have already 
been  provided  by the institution  of another  Member  State 

For  the  purposes  of  Article  62  (2)  of  the  Regulation,  the 
institution  of  a  Member  State  called  upon  to  provide 
benefits  may  request  the  institution  of  another  Member 
State  to  supply  it  with  information  relating  to  the  period 
during  which  the  latter  institution  has  already  provided 
the  same  case  of  accident  at  work  or 
for 
benefits 
occupational  disease. 

Submission  and  investigation  of  pension  claims,  excluding 
pensions  in  respect  of  occupational  diseases  covered  by 
Article  57  of  the  Regulation 

Article  75 

Implementation  of  Article  62  (1)  of  the  Regulation 

Article  73 

Institutions  to which workers  in  mines  and  similar  undertakings 
may apply  when  staying or  residing  in a Member  State  other 
than  the  competent  State 

1. 
In  the  cases  referred  to  in  Article  62  (1)  of  the 
Regulation  and  where,  in  the  country  of  stay  or  residence, 
the  insurance  scheme  for 
the  benefits  provided  under 
accidents  at  work  and  occupational  diseases  covering 
manual  workers  in  the  steel  industry  are  equivalent  to 
those  provided  under  the  special  scheme  for  workers  in 
mines  and  similar  undertakings,  workers  belonging  to  the 
latter  category  may  apply  to  the  nearest  institution  in  the 
territory  of  the  Member  State  in  which  they  are  staying  or 
implementing 
residing  specified 
in  Annex  3  of 
Regulation,  even  if  the 
the 
scheme  applicable  to  manual  workers  in  the  steel  industry, 
which  institution  shall  then  provide  such  benefits. 

latter  is  an  institution  of 

the 

to 

the 

Where 

institution 

responsible  for 

2. 
the  special 
the  benefits  provided  under 
scheme  for  workers  in  mines  and  similar  undertakings  are 
more  advantageous,  such  workers  shall  have  the  option  of 
applying  either 
the 
administration  of  that  scheme,  or  to  the  nearest  institution 
in  the  territory  of  the  Member  State  in  which  they  are 
the  scheme  for 
staying  or  residing,  which  administers 
manual  workers  in  the  steel  industry.  In  the  latter  case  the 
in  question  shall  draw  the  attention  of  the 
institution 
to  the  fact  that  by  applying  to  the 
person  concerned 
institution 
the 
abovementioned  special  scheme,  he  will  obtain  more 
advantageous  benefits;  it  must,  furthermore,  inform  him  of 
the  name  and  address  of  such  institution. 

the  administration  of 

responsible 

for 

1. 
In  order  to  receive  a  pension  or  supplementary 
allowance  under  the  legislation  of  a  Member  State,  an 
employed  or  self-employed  person  or  his  survivors  residing 
in  the  territory  of  another  Member  State  shall  make  a 
claim  either 
the 
institution  of  the  place  of  residence,  which  shall  forward 
such  claim  to  the  competent  institution.  The  submission  of 
the  claim  shall  be  subject  to  the  following  rules: 

the  competent 

institution,  or 

to 

to 

(a) 

(b) 

the  claim  must  be  accompanied  by  the 
required 
supporting  documents  and  made  on  the  form  provided 
for  by  the  legislation  administered  by  the  competent 
institution; 

the 

information  supplied  by 

the  accuracy  of 
the 
claimant  must  be  established  by  official  documents 
attached  to  the  claim  form,  or  confirmed  by  the 
competent  bodies  of  the  Member  State  in  whose 
territory  the  claimant  resides. 

2. 
The  competent  institution  shall  notify  the  claimant 
of  its  decisions  directly  or  through  the  liaison  body  of  the 
competent  State;  it  shall  send  a  copy  of  that  decision  to 
the  liaison  body  of  the  Member  State  in  whose  territory 
the  claimant  resides. 

Administrative  checks  and  medical  examinations 

Article  76 

1. 
Administrative  checks  and  medical  examinations, 
including  medical  examinations  provided  for  in the  event  of 
pensions  being  reviewed,  shall  be  carried-ottt  at  the  request 
of  the  competent 
the 
institution  by  the 
Member  State  in  whose  territory  the  person  entitled  to 
benefits  happens  to  be,  in  accordance  with  the  procedures 
laid  down  by  the  legislation  administered  by  the  latter 
institution  shall,  however, 
institution.  The  competent 
reserve  the  right  to  have  the  person  entided  to  benefits 
examined  by  a  doctor  of  its  own  choice. 

institution  of 

2. 
Any  person  drawing  a  pension  for  himself  or  for  an 
orphan  shall  inform  the  institution  responsible  for  payment 
of  any  change  in  his  situation  or  in  that  of  the  orphan 
which  is  likely  to  modify  the  pension  rights. 

574/72 -  30 

Payment  of  pensions 

Article  77 

CHAPTER  6 

UNEMPLOYMENT  BENEFITS 

Payment  of  pensions  due  from 
the  institution  of  one 
Member  State  to  pensioners  resident  in  the  territory  of 
another  Member  State  shall  be  made  in  accordance  with 
the  provisions  of  Articles  53  to  58  of  the  implementing 
Regulation. 

Implementation  of  Article  67  of  the  Regulation 

Article  80 

Certified  statement  of periods  of insurance  or  employment 

CHAPTER  5 

DEATH  GRANTS 

Implementation  of  Articles  64,  65  and  66  of  the 
Regulation 

Article  78 

Submission  of a  claim  for  a  grant 

In  order  to  receive  a  death  grant  under  the  legislation  of  a 
Member  State  other  than  the  State  in  whose  territory  he 
resides,  the  claimant  shall  submit  his  claim  either  to  the 
competent  institution  or  to  the  institution  of  the  place  of 
residence. 

The  claim  must  be  accompanied  by 
supporting 
documents  required  by the  legislation  which  the  competent 
institution  administers. 

the 

The  accuracy  of  the  information  supplied  by  the  claimant 
must  be  established  by  official  documents  attached  to  the 
claim  or  confirmed  by  the  competent  bodies  of 
the 
Member  State  in  whose  territory  the  claimant  resides. 

Article  79 

Certified  statement  of periods 

1. 
In  order  to  invoke  the  provisions  of  Article  64  of 
the  Regulation,  a  claimant  shall  submit  to  the  competent 
institution  a  certified  statement  specifying  the  periods  of 
insurance  or  residence  completed  by  the  employed  or 
self-employed  person  under  the  legislation  to  which  he  was 
last  subject. 

issued,  at 

This  certified  statement  shall  be 

the 
2. 
request  of  the  claimant,  by  the  sickness  insurance  or  the 
old-age  insurance  institution,  as  the  case  may  be,  with 
which 
the  employed  or  self-employed  person  was  last 
insured.  If  the  claimant  does  not  submit  the  said  certified 
statement,  the  competent  institution  shall  obtain  it  from 
one  or  other  of  the  aforementioned  institutions. 

if, 

in  order 

The  provisions  of  paragraphs  1  and  2  shall  apply  by 
3. 
analogy 
the 
to  satisfy 
legislation  of  the  competent  State,  it  is  necessary  to  take 
into  account  periods  of  insurance  or  residence  previously 
completed  under  the  legislation  of  any  other  Member 
State. 

the  conditions  of 

1. 
In  order  to  invoke  the  provisions  of  Article  67  (1), 
(2)  or  (4)  of  the  Regulation,  the  person  concerned  shall 
submit  to  the  competent  institution  a  certified  statement 
specifying 
employment 
completed  previously  as  an  employed  person  under  the 
legislation  to  which  he  was  last  subject,  together  with  any 
further  information  required  by the  legislation  administered 
by  that  institution. 

the  periods  of 

insurance  or 

to  whose 

issued,  at 

This  certified  statement  shall  be 

2. 
the 
request  of  the  person  concerned,  either "by  the  competent 
institution  in  respect  of  unemployment  of  the  Member 
State 
legislation  he  was  last  subject,  or  by 
another  institution  designated  by  the  competent  authority 
of  the  said  Member  State.  If  he  does  not  submit  the  said 
certified  statement,  the  competent  institution  shall  obtain  it 
from  one  or  other  of  the  aforementioned  institutions. 

if, 

in  order 

The  provisions  of  paragraphs  1  and  2  shall  apply  by 
3. 
analogy 
the 
to  satisfy 
legislation  of  the  competent  State,  it  is  necessary  to  take 
employment 
into 
completed  previously  as  an  employed  person  under  the 
legislation  of  any  other  Member  State. 

account  periods  of 

the  conditions  of 

insurance  or 

Implementation  of  Article  68  of  the  Regulation 

Article  81 

Certified  statement  for  the calculation  of  benefits 

to 

the  said 

institution  a  certified 

Where  the  responsibility  for  the  calculation  of  benefits 
rests  upon  an  institution  covered  by  Article  68  (1)  of  the 
Regulation,  and  where  a  person  has  not  pursued  his  last 
employment  for  at  least  four  weeks  in  the  territory  of  the 
Member  State  in  which  that  institution  is  situated,  he  shall 
submit 
statement 
indicating  the  nature  of  the  last  employment  pursued  for  at 
least  four  weeks  in  the  territory  of  another  Member  State, 
and  the  branch  of  the  economy  in  which  that  employment 
was  pursued.  If  the  person  concerned  does  not  submit  this 
certified  statement,  the  said  institution  shall  obtain  it  either 
from  the  competent  institution  in  respect  of  unemployment 
of  the  latter  Member  State  with  which  he  was  last  insured, 
or  from  another  institution  designated  by  the  competent 
authority  of  that  Member  State. 

Article  82 

Certified  statement  relating  to  the  members  of the  family  to be 
taken  into consideration  for  the calculation  of  benefits 

In  order  to  invoke  the  provisions  of  Article  68  (2) 
1. 
of  the  Regulation,  the  person  concerned  shall  submit  to 
the  competent  institution  a  certified  statement  relating  to 
the  members  of  his  family  who  are  resident  in  the  territory 
of  a  Member  State  other  than  the  one  in  which  the  said 
institution  is  situated. 

574/72  -  31 

issued  by 

This  certified  statement  shall  be 

2. 
the 
institution  designated  by  the  competent  authority  of  the 
Member  State 
those  members  of 
the family  reside.  It  must  certify  that  the  members  of  the 
family  are  not  taken  into  consideration  for  the  calculation 
of  unemployment  benefits  due  to  another  person  under  the 
legislation  of  the  said  Member  State. 

in  whose 

territory 

The  certified  statement  shall  be  valid  for  the  12  months 
following  the  date  of  its  issue.  It  may  be  renewed;  in  such 
case,  it  shall  be  valid  from  the  date  of  its  renewal.  The 
person  concerned  shall  immediately  notify  the  competent 
institution  of  any  occurrence  necessitating  an  amendment 
to  the  said  certified  statement.  Such  amendment  shall  take 
effect  from  the  date  of  such  occurrence. 

the  members  of 

the  family  are  not 

3. 
Where  the  institution  issuing  the  certified  statement 
referred  to  in  paragraph  1  is  not  in  a  position  to  certify 
that 
into 
consideration  for  the  calculation  of  unemployment  benefits 
due  to  another  person  under  the  legislation  of  the  Member 
State  in  whose  territory  they  reside,  the  person  concerned 
to 
shall,  when  submitting 
the 
competent 
certified 
the 
institution, 
statement  by  a  declaration  to  that  effect. 

the  certified  statement 
supplement 

taken 

said 

The  provisions  of  the  second  subparagraph  of  paragraph  2 
shall  apply  by  analogy  to  that  declaration. 

Implementation  of  Article  69  of  the  Regulation 

Article  83 

Conditions  and  limits  for  the  retention  of the  right  to  benefits 
when an  unemployed  person  goes to another  Member  State 

to 

the 

right 

retain 

In  order 

to  benefits,  an 
1. 
unemployed  person  covered  by  Article  69  (1)  of 
the 
Regulation  shall  submit  to  the  institution  of  the  place  to 
which  he  has  gone  a  certified  statement  in  which  the 
competent  institution  shall  certify  that  he  is still  entitled  to 
benefits  under  the  conditions  laid  down  in  paragraph  1 (b) 
of  the  said  Article.  The  competent  institution  shall  specify 
in  particular  in  this  certified  statement: 

(a) 

the  amount  of  benefit  to  be  paid  to  the  unemployed 
person  under  the  legislation  of  the  competent  State; 

(b) 

the  date  on  which  the  unemployed  person  ceased  to 
be  available 
the 
to 
competent  State; 

the  employment  services  of 

(c) 

time 

limit  under  Article  69  (1)  (b)  of 

the 
the 
Regulation  for  registration  as  a  person  seeking  work 
in  the  Member  State  to  which  the  unemployed  person 
has  gone; 

(d) 

the  maximum  period,  in  accordance  with  Article  69 
(1)  (c)  of  the  Regulation,  during  which  the  right  to 
benefit  may  be  retained; 

(e) 

facts  which  might  alter  entitlement  to  benefit. 

to  go 

intends 

An  unemployed  person  who 

2. 
to 
another  Member  State  in  order  to  seek  employment  there 
shall, before  his departure,  apply  for  the  certified  statement 
referred  to  in  paragraph  1. If  the  unemployed  person  does 
not  submit  the  said  certified  statement,  the  institution  of 
the  place  to  which  he  has  gone  shall  obtain  it  from  the 
the 
competent 
competent  State  must  ensure  that  the  unemployed  person 
has  been  informed  of  his  obligations  under  Article  69  of 
the  Regulation  and  under  this  Article. 

institution.  The  employment  services  of 

The 

to  which 

the  place 

institution  of 

the 
3. 
unemployed  person  has  gone  shall  notify  the  competent 
institution  of  the  date  on  which  the  unemployed  person 
registered  and  the  date  on  which  payment  of  benefits  was 
commenced  and  shall  pay  out 
the 
competent  State  in  accordance  with  the  procedure  provided 
for  by  the  legislation  of  the  Member  State  to  which  the 
unemployed  person  has  gone. 

the  benefits  of 

The  institution  of  the  place  to  which. the  unemployed 
person  has  gone  shall  carry  out  a  check  or  arrange  for  one 
to  be  carried  out  as  if  it  were  dealing  with  an  unemployed 
person  entitled  to  benefits  under  the  legislation  which  it 
administers.  It  shall  inform  the  competent  institution  of 
any  occurrence  coming  within  paragraph  1  (e)  above  as 
soon  as  the  same  comes  to  its  knowledge  and,  in  cases 
where  the  benefit  has  to  be  suspended  or  withdrawn,  it 
shall  immediately  discontinue  payment  of  the  benefit.  The 
competent  institution  shall  forthwith 
inform  it  to  what 
extent,  and  from  what  date,  the  unemployed  person's 
entitlement  to  benefit  is  affected  by  that  fact.  Payment  of 
benefits  may  only  be  resumed,  where  appropriate,  after 
receipt  of  such  information.  Where  the  benefit  has  to  be 
reduced, 
the 
unemployed  person  has  gone  shall  continue  to  pay  him  a 
reduced  amount  of  benefit,  subject  to  adjustment,  after 
receipt  of  the  reply  from  the  competent  institution. 

institution  of 

the  place 

to  which 

the 

Two  or  more  Member  States  or 

4. 
the  competent 
authorities  of  those  Member  States  may,  having  received 
the  opinion  of  the  Administrative  Commission,  agree  on 
other  implementing  provisions. 

Implementation  of  Article  71  of  the  Regulation 

Article  84 

Unemployed  persons  who were formerly  employed  and  who, 
during their  last  employment, were residing  in  a Member  State 
other  than  the competent  State 

In  the  cases  referred  to  in  Article  71  (1)  (a)  (ii)  and 
1. 
the 
in  the  first  sentence  of  Article  71  (1)  (b)  (ii)  of 
Regulation,  the  institution  of  the  place  of  residence  shall 
be  considered  to  be  the  competent  institution,  for 
the 
purposes  of  implementing  the  provisions  of  Article  80  of 
the  implementing  Regulation. 

2. 
In  order  to  claim  benefits  under  the  provisions  of 
Article  71  (1)  (b)  (ii)  of  the  Regulation,  an  unemployed 
person  who  was  formerly  employed  shall  submit  to  the 
institution  of  his  place  of  residence,  in  addition  to  the 
in  Article  80  of 
certified 
the implementing  Regulation,  a  certified  statement  from 
the  institution  of  the  Member  State  to  whose  legislation  he 
was  last  subject,  indicating  that  he  has  no  right  to  benefits 
under  Article  69  of  the  Regulation. 

statement  provided 

for 

574/72 -  32 

3. 
For  the  purposes  of  implementing  the  provisions  of 
Article  71  (2)  of  the  Regulation,  the  institution  of  the 
place  of  residence  shall  ask  the  competent  institution  for 
any  information  relating  to  the  entitlements,  from 
the 
latter 
the  unemployed  person  who  was 
formerly  an  employed  person. 

institution,  of 

CHAPTER  7 

(8) 

FAMILY  BENEFITS 

Implementation  of  Article  72  of  the  Regulation 

Article  85 

(A) 

Certified  statement  of  periods  of employment  or  self-employment 

In  order  to  invoke  the  provisions  of  Article  72  of 
1. 
the  Regulation,  a  person  shall  submit  to  the  competent 
institution  a  certified  statement  specifying  the  period  of 
insurance,  employment  or  self-employment 
completed 
under  the  legislation  to  which  he  was  last  subject. 

issued,  at 

That  certified  statement  shall  be 

2. 
the 
request  of  the  person  concerned,  either  by  the  competent 
institution  in  respect  of  family  benefits  of  the  Member 
State  with  which  he  was  last 
insured,  or  by  another 
institution  designated  by  the  competent  authority  of  the 
said  Member  State.  If  he  does  not  submit  the  said  certified 
statement,  the  competent  institution  shall  obtain  it  from 
one  or  other  of  the  abovementioned  institution  unless  the 
sickness  insurance  institution  is  able  to  forward  him  a  copy 
of  the  certified  statement  provided  for  in  Article  16  (1)  of 
the  implementing  Regulation. 

if, 

in  order 

The  provisions  of  paragraphs  1 and  2 shall  apply  by 
3. 
analogy 
the 
to  satisfy 
legislation  of  the  competent  State,  it  is  necessary  to  take 
into 
insurance,  employment  or 
self-employment  completed  previously  under  the  legislation 
of  any  other  Member  State. 

account  periods  of 

the  conditions  of 

institution 

issued,  either  by 
in 

the  competent 
shall  be 
in  civil  status  matters 

2. 
In  support  of  his  claim,  the  employed  person  shall 
submit  a  certificate  relating  to  members  of  his  family 
residing  in  the  territory  of  a  Member  State  other  than  that 
is  situated.  Such 
in  which 
the  authorities 
certificate 
competent 
the  country  of 
residence  of  those  members  of  the  family,  or  by  the 
competent  institution  in respect  of  sickness  insurance  in  the 
place  of  residence  of  those  members  of  the  family,  or  by 
another  institution  designated  by  the  competent  authority 
of  the  Member  State  in  whose  territory  those  members  of 
the  family  reside.  Such  a  certificate  must  be  renewed  every 
year. 

the 

Where 

legislation  of 

3. 
the  competent  State 
provides  that  the  family  benefits  may  or  must  be  paid  to  a 
person  other  than  the  employed  person,  the  latter  shall 
also  submit  in  support  of  his  claim,  information  identifying 
the  individual  to  whom  the  family  benefits  are  to  be  paid 
in  the  country  of  residence  (name,  forename,  full  address). 

The  competent  authorities  of  two "or  more  Member 
4. 
States  may  agree  on  special  procedures  for  the  payment  of 
family  benefits,  in  particular  with  a  view  to  facilitating  the 
implementation  of  Article  75 
the 
Regulation.  Such  agreements  shall  be  communicated  to  the 
Administrative  Commission. 

(1)  and 

(2)  of 

5.  An  employed  person  shall 

inform 

the  competent 

institution  where  necessary  through  his  employer: 

—  of  any  change  in  the  situation  of  the  members  of  his 
family 

family  which  might  alter  entitlement 
benefits, 

to 

—  of  any  change  in  the  number  of  members  of  his  family 

for  whom  family  benefits  are  due, 

—  of  any  transfer  of  residence  or  stay  of  such  members 

of  the  family, 

—  of  any  pursuit  of  a  professional  or  trade  activity  by 
virtue  of  which  family  benefits  are  also  due  under  the 
legislation  of  the  Member  State  in whose  territory  the 
members  of  the  family  are  resident. 

Article  87 

(8) 

Implementation  of  Articles  73  and  75  (1)  and  (2)  of  the 

Regulation 

(8) 

Article  86 

(8) 

Implementation  of  Article  74  of  the  Regulation 

Article  88 

(8) 

1. 
In  order  to  receive  family  benefits  under  Article  73 
of  the  Regulation,  an  employed  person  shall  submit  a  claim 
to  the  competent  institution,  where  necessary  through  his 
employer. 

The  provisions  of  Article  86  of 
implementing 
Regulation  shall  apply  by  analogy  to  unemployed  persons 
who  were  formerly  employed  or  self-employed  and  who  are 
covered  by  Article  74  of  the  Regulation. 

the 

574/72  -  33 

Article  89 

(8) 

CHAPTER  8 

BENEFITS  FOR  DEPENDENT  CHILDREN  OF 
PENSIONERS  AND  FOR  ORPHANS 

Implementation  of  Articles  77,  78  and  79  of  the 
Regulation 

Article  90 

1. 
In  order  to  receive  benefits  under  Article  77  or  78 
of  the  Regulation,  a  claimant  shall  submit  a  claim  to  the 
institution  of  his place  of  residence,  in  accordance  with  the 
procedures  laid  down  by  the  legislation  administered  by 
that  institution. 

2. 
If,  however,  the  claimant  does  not  reside  in  the 
territory  of  the  Member  State  in  which  the  competent 
institution  is situated,  he  may  submit  his  claim  either  to  the 
competent  institution  or  to  the  institution  of  his  place  of 
residence,  which  shall 
the 
competent  institution,  indicating  the  date  on  which  it  was 
submitted.  The  date  shall  be  considered  as  the  date  of 
submission  of  the  claim  to  the  competent  institution. 

then  forward 

the  claim 

to 

If 

the 

referred 

institution 

competent 

3. 
in 
paragraph  2  finds  that  there  is  no  entitlement  under  the 
legislation  which  it  administers,  it  shall  forward  the  claim 
together  with  all  necessary  documents  and 
forthwith, 
information,  to  the  institution  of  the  Member  State  to 
whose  legislation  the  employed  or  self-employed  person 
was  subject  for  the  longest  period  of  time. 

to 

the  same  conditions, 

Where  necessary  the  matter  may  have  to  be  referred  back, 
the 
under 
the  person 
Member  State  under  whose 
concerned  completed 
the  shortest  of  his  periods  of 
insurance  or  residence. 

the 
legislation 

institution  of 

to 

The  Administrative  Commission 

4. 
shall,  where 
necessary,  lay down  any supplementary  procedures  required 
for  the  submission  of  claims  for  benefits. 

Article  91 

Payment  of  benefits  due  under  Article  77  or  78  of 
the 
implementing 

1. 
the  Regulation  shall  be  made 
provisions  of  Articles  53 
Regulation. 

in  accordance  with 

to  58  of 

the 

The  competent  authorities  of  the  Member  States 
2. 
shall,  where  necessary,  designate  the  competent  institution 
for  paying  benefits  due  under  Article  77  or  78  of  the 
Regulation. 

Article  92 

Any  person  to  whom  benefits  are  paid  under  Article  77  or 
78  of  the  Regulation  for  a  pensioner's  children  or  for 
orphans,  shall  inform  the  institution  responsible  for  the 
payment  of  such  benefits: 

—  of  any  change  in  the  situation  of  the  children  or 
to 
is  likely  to  alter 

the  entitlement 

that 

orphans 
benefits, 

—  of  any  modification 

in  the  number  of  children  or 

orphans  in  respect  of  whom  benefits  are  due, 

—  of  any 
orphans, 

transfer  of  residence  of 

the  children  or 

—  of  any pursuit  of  a  professional  or  trade  activity  giving 
entitlement  to  family  benefits  or  family  allowances  for 
such  children  or  orphans. 

TITLE  V 

FINANCIAL  PROVISIONS 

Article  93 

Refund  of  sickness  and  maternity  insurance  benefits  other  than 
those  provided  for  in  Articles  94  and  95  of  the  implementing 
Regulation 

(2)  of 

the  Regulation 

The  actual  amount  of  benefits 

in  kind  provided 
1. 
under  Article  19  (1)  and 
to 
employed  and  self-employed  persons  and  to  members  of 
their  families  residing  in  the  territory  of  the  same  Member 
State,  and  benefits  in  kind  provided  under  Article  21  (2), 
22,  25  (1),  (3)  and  (4),  26,  29  (1)  or  31  of  the  Regulation, 
shall  be  refunded  by  the  competent 
to  the 
institution  which provided  the  said  benefits  as  shown  in  the 
accounts  of  that  institution. 

institution 

2. 
In  the  cases  referred  to  in  the  second  subparagraph 
of  Article  21 (2), the  second  subparagraph  of  Article  22 (3) 
and  in  Articles  29  (1)  and  31  of  the  Regulation,  and  for 
the  purposes  of  implementing  paragraph  1,  the  institution 
of  the  place  of  residence  of  the  members  of  the  family  or 
of  the  pensioner,  as  the  case  may  be,  shall  be  considered 
as  the  competent  institution. 

3. 
If  the  actual  amount  of  the  benefits  referred  to  in 
paragraph  1 is  not  shown  in  the  accounts  of  the  institution 
which  has  provided  them,  and  no  agreement  has  been 
concluded  under  paragraph  6,  the  amount  to  be  refunded 
shall  be  determined  on  the  basis  of  a  lump-sum  payment 
calculated  from  all  the  appropriate  references  obtained 
from  the  data  available.  The  Administrative  Commission 
shall  assess  the  bases  to  be  used  for  the  calculation  of  the 
lump-sum  payments  and  shall  decide  the  amount  thereof. 

574/72  -  34 

to 

For  the  purposes  of  the  refund,  rates  higher  than 
4. 
those  applicable 
to 
the  benefits 
employed  or  self-employed  persons  who  are  subject  to  the 
legislation  administered  by  the  institution  which  provided 
the  benefits  referred  to  in  paragraph  1  may  not  be  taken 
into  account. 

in  kind  provided 

The  provision  of  paragraphs  1  and  2  shall  apply  by 
5. 
analogy  to  the  refund  of  cash  benefits  paid  in  accordance 
with  the  provisions  of  the  second  sentence  of  Article  18  (8) 
of  the  implementing  Regulation. 

Two  or  more  Member  States  or  the  competent 
6. 
authorities  of  those  Member  States  may,  having  received 
the  opinion  of  the  Administrative  Commission,  agree  to 
other  methods  of  assessing  the  amounts  to  be  refunded,  in 
particular  on  the  basis  of  lump  sums. 

Article  94 

Refund  of benefits in kind provided  under sickness and  maternity 
insurance  to  the members of  the  family  of an  employed  or 
self-employed  person  not  residing  in  the  same  Member  State  as 
the  latter 

The  amount  of  benefits 

1. 
in  kind  provided  under 
Article  19  (2)  of  the  Regulation  to  the  members  of  the 
family  of  an  employed  or  self-employed  person  who  are 
not  residing  in  the  territory  of  the  same  Member  State  as 
the  person  concerned  shall  be  refunded  by  the  competent 
institutions  to  the  institutions  which  provided  the  said 
benefits  on  the  basis  of  a  lump  sum  in  respect  of  each 
calendar  year  which  is  as  close  as  possible  to  the  actual 
expenditure  incurred. 

The 

2. 
lump-sum  payment  shall  be  determined  by 
multiplying  the  average  annual  cost  per  family  by  the 
average  annual  number  of  families 
into 
account  and  by  reducing  the  resultant  amount  by  20  %. 

to  be 

taken 

The  factors  necessary  for  the  calculation  of  the  said 

3. 
lump  sum  shall  be  determined  as  follows: 

(a) 

to  all 

institutions  of 

that  Member  State 

the  average  annual  cost  per  family  shall  be  obtained, 
for  each  Member  State,  by  dividing 
the  annual 
expenditure  on  all  the  benefits  in  kind  provided  by 
the 
the 
members  of  the  families  of  employed  or  self-employed 
persons  who  are  subject  to  the  legislation  of  the  said 
Member  State,  under  the  social  security  schemes  to  be 
taken 
the  average  annual 
number  of  such  employed  or  self-employed  persons 
the  social  security 
with  members  of 
that 
schemes 
purpose  are  specified  in  Annex  9 to  the  implementing 
Regulation; 

family; 
into  consideration 

into  consideration,  by 

the 
taken 

to  be 

for 

(b) 

in  dealings  between  the  institutions  of  two  Member 
States,  the  average  annual  number  of  families  to  be 
taken  into  account  shall  be  equal 
to  the  average 
annual  number  of  employed  or  self-employed  persons 
who  are  subject  to  the  legislation  of  one  of  those 
Member  States  and  the  members  of  whose  families 
are  entitled  to  benefits  in  kind  to  be  provided  by  an 
institution  of  the  other  Member  States. 

4. 
The  number  of  families  to  be  taken  into  account  in 
accordance  with  the  provisions  of  paragraph  3  (b)  shall  be 
determined  by  means  of  a  list  kept  for  that  purpose  by  the 
institution  of 
residence,  based  upon 
documentary  evidence  by  the  competent  institution  of  the 
rights  of  the  persons  concerned.  In  the  event  of  any 
dispute,  the  observations  of  the  institutions  involved  shall 
be  submitted  to  the  Audit  Board  provided  for  in  Article 
101  (3)  of  the  implementing  Regulation. 

the  place  of 

5. 
The  Administrative  Commission  shall  lay  down  the 
methods  and  procedures  for  determining  the  calculation 
factors  referred  to  in  paragraphs  3  and  4. 

6. 
Two  or  more  Member  States  or  the  competent 
authorities  of  those  Member  States  may,  having  received 
the  opinion  of  the  Administrative  Commission,  agree  on 
other  methods  of  assessing  the  amounts  to  be  refunded. 

Article  95 

(*) 

Refund  on  benefits  in  kind  provided  under  sickness  and 
maternity  insurance  to pensioners  and  to members  of their 
families  who do not  reside  in a  Member  State  under whose 
legislation  they  receive a pension  and  are  entitled  to  benefits 

The  amount  of  the  benefits  in  kind  provided  under 
1. 
Articles  28  (1)  and  28a  of  the  Regulation  shall  be  refunded 
by  the  competent 
institutions  to  the  institutions  which 
provided  the  said  benefits,  on  the  basis  of  a  lump  sum 
which  is  as  close  as  possible  to  the  actual  expenditure 
incurred. 

The 

2. 
lump-sum  payment  shall  be  determined  by 
multiplying  the  average- annual  cost  per  pensioner  by  the 
average  annual  number  of  pensioners  to  be  taken  into 
account,  and  by  reducing  the  resultant  amount  by  20  %. 

3. 
The  factors  necessary  for  the  calculation  of  the  said 
lump  sum  shall  be  determined  according  to  the  following 
rules: 

(a) 

(b) 

the  benefits 

the  average  annual  cost  per  pensioner  shall  be 
obtained,  for  each  Member  State,  by  dividing  the 
annual  expenditure  on  all 
in  kind 
provided  by  the  institutions  of  that  Member  State  to 
all  pensioners  whose  pensions  are  payable  under  the 
legislation  of  that  Member  State,  under  the  social 
security  schemes  to  be  taken  into  consideration,  and 
to  members  of  their  families,  by  the_ average  annual 
number  of  pensioners;  the  social  security  schemes  to 
be  taken 
that  purpose  are 
specified  in  Annex  9; 

into  consideration  for 

in  dealings  between  the  institutions  of  two  Member 
States,  the  average  annual  number  of  pensioners  to  be 
taken  into  account  shall  be  equal  to  the  average 
annual 
in 
of  pensioners 
Article  28 (2)  of  the  Regulation  who, whilst  residing  in 
the  territory  of  one  of  the  Member  States,  are  entitled 
to  benefits  in  kind  chargeable  to  the  institution  of  the 
other  Member  State. 

referred 

number 

to 

(*)  See  Appendix. 

574/72 -  35 

institution  of 

4. 
The  number  of  pensioners  to  be  taken  into  account 
in  accordance  with  the  provisions  of  paragraph  3  (b)  shall 
be  determined  by  means  of  a  list  kept  for  that  purpose  by 
the  place  of  residence,  based  upon 
the 
documentary 
compentent 
institution  of  the  rights  of  the  persons  concerned.  In  the 
event  of  any  dispute,  the  observations  of  the  institutions 
involved  shall  be  submitted  to  the  Audit  Board  provided 
for  in  Article  101  (3)  of  the  implementing  Regulation. 

supplied  by 

evidence 

the 

Article  98 

(8) 

Common  provisions  on  refunds 

Article  99 

Administration  costs 

The  Administrative  Commission  shall  lay  down  the 
5. 
methods  and  procedures  for  determining  the  calculation 
factors  referred  to  in  paragraphs  3  and  4. 

6. 
Two  or  more  Member  States  or  the  competent 
authorities  of  those  Member  States  may,  having  received 
the  opinion  of  the  Administrative  Commission,  agree  on 
other  methods  of  assessing  the  amounts  to  be  refunded. 

Two  or  more  Member  States  or  the  competent  authorities 
of  those  Member  States  may,  in  accordance  with 
the 
provisions  of  the  third  sentence  of  Article  84  (2)  of  the 
Regulation,  agree  to  increase  the  amount  of  the  benefits 
referred 
implementing 
Regulation  by  a  specific  percentage  in  order  to  take  into 
account  administration  costs.  That  percentage  may  vary  in 
accordance  with  the  benefits  concerned. 

to  in  Articles  93  to  98  of  the 

Implementation  of  Article  63  (2)  of  the  Regulation 

Article  96 

Refund  of benefits  in  kind  provided  under  insurance  schemes  for 
accidents  at  work  and  occupational  diseases  by the institution  of 
one Member  State  on behalf  of the  institution  of  another 
Member  State 

For  the  purposes  of  implementing  the  provisons  of  Article 
63  (2)  of  the  Regulation,  the  provisions  of  Article  93  of 
the  implementing  Regulation  shall  apply  by  analogy. 

Article  100 

Late  claims 

1. 
In  the  settlement  of  accounts  between  institutions  of 
the  Member  States,  claims  for  refunds  relating  to  benefits 
provided  during  a  calendar  year  three  years  or  more 
previous  to  the  date  of  submission  of  such  claims,  whether 
they  are  submitted  to  a  liaison  body  or  to  the  institution 
responsible  for  payment  of  the  competent  State,  may  be 
disregarded  by  the  institution  responsible  for  payment. 

to 

relating 

lump-sum 

For  claims 

2. 
the 
three-year  period  shall  run  from  the  date  of  publication  in 
the  Official  Journal  of  the  European  Communities  of  the 
in 
average  annual  cost  of  benefits  in  kind  determined 
accordance  with  Articles  94  and  95  of  the  implementing 
Regulation. 

refunds, 

Implementation  of  Article  70  (2)  of  the  Regulation 

Article  101 

(8) 

Statement  of claims 

Article  97 

Refund  of  unemployment  benefits  paid  to  unemployed  persons 
going  to  another  State  to  seek  employment  there 

1. 
The  amount  of  benefits  paid  under  Article  69  of  the 
Regulation  shall  be  refunded  by  the  competent  institution 
to  the  institution  which  has  paid  the  said  benefits,  as 
shown  in  the  accounts  of  the  latter  institution. 

Two  or  more  Member  States  or 

2. 
authorities  of  those  States  may: 

the  competent 

having  received 
the  opinion  of  the  Administrative 
Commission,  agree  on  other  methods  of  determining 
the  amounts  to  be  refunded,  in  particular  lump  sums, 
or  other  methods  of  payment, 

or 

waive  all  refunds  between  institutions. 

Pursuant 

1. 
the 
Regulation,  the Administrative  Commission  shall  draw  up  a 
statement  of  claims  in  respect  of  each  calendar  year. 

to  Articles  36,  63  and  70  of 

2. 
The  Administrative  Commission  may  arrange  for  any 
checks  appropriate  to  the  investigation  of  the  statistical  and 
accounting  data  needed  in  the  drawing  up  of  the  statement 
of  claims  provided  for  in  paragraph  l~~tn  particular  to 
ensure  their  compliance  with  the  rules  laid  down  under  this 
Title. 

The  Administrative  Commission  shall 

3. 
the 
decision  referred  to  in  this  Article  on  the  report  of  the 
Audit  Board  which  shall  furnish  it  with  an  opinion,  stating 
the 
is  based.  The 
Administrative  Commission  shall  determine  the  methods  of 
operation  and  the  composition  of  the  Audit  Board. 

reasons  on  which  such  opinion 

take 

Article  102 

(8) 

Functions  of  the  Audit  Board  —  Refund  procedure 

1. 

The  Audit  Board  shall: 

(a)  collect 

the 
the  necessary  data  and  arrange 
calculations  required  for  the  implementation  of  the 
present  Title; 

for 

574/72  -  36 

(b)  give  the  Administrative  Commission  periodic  accounts 
the 
the 
of 
Regulations,  in  particular  as  regards  the  financial 
aspect; 

implementation  of 

results  of 

the 

(c)  make  any  useful  suggestions 

the 
Administrative  Commission  in  connection  with  the 
provisions  of  subparagraphs  (a)  and  (b); 

it  may  have  to 

(d)  submit  to  the  Administrative  Commission  proposals 
on  the  observations  forwarded  to  it  in  accordance  with 
implementing 
Articles  94  (4)  and  95  (4)  of 
Regulation; 

the 

(e) 

lay  before  the  Administrative  Commission  proposals 
relating  to  the  implementation  of  Article  101  of  the 
implementing  Regulation; 

(f) 

carry  out  all  work,  studies  or  assignments  on  matters 
referred  to  it  by  the  Administrative  Commission. 

2. 
The  reimbursements  provided  for  in  Articles  36,  63 
the  Regulation  shall  be  made  for  all  the 
and  70  of 
competent  institutions  of  a  Member  State  to  the  creditor 
institutions  of  another  Member  State  through  the  agency 
of  the  bodies  designated  by  the  competent  authorities  of 
through  which 
the  Member 
the 
advise 
reimbursements  have  been  made 
Administrative  Commission  of  the  amounts  reimbursed 
within  the  time  limits  and  according  to  the  procedures  laid 
down  by  the  said  Commission. 

States.  The 

bodies 

shall 

When  the  refunds  are  determined  on  the  basis  of 
3. 
the  actual  amount  of  benefits  provided,  as  shown  in  the 
accounts  of  the  institutions,  they  shall  be  made,  for  each 
calendar  half-year,  during  the  following  calendar  half-year. 

4.  When  the  refunds  are  determined  on  a  lump-sum 
basis,  they  shall  be  made  for  each  calendar  year;  in  such 
case,  the  competent  institutions  shall  pay  advances  to  the 
creditor 
institutions  on  the  first  day  of  each  calendar 
half-year,  in  accordance  with  the  procedure  laid  down  by 
the  Administrative  Commission. 

5. 
The  competent  authorities  of  two  or  more  Member 
States  may  agree  on  other  time  limits  for  refunds  or  other 
procedures  for  the  payment  of  advances. 

Article  103 

Compilation  of statistical  and  accounting  data 

The  competent  authorities  of  the  Member  States  shall  take 
all  the  necessary  measures  for  the  implementation  of  the 
present  Title, 
the 
compilation  of  statistical  or  accounting  data. 

those  necessitating 

in  particular 

Article  104 

(8) 

Entry  in Annex 5 of agreements on  refunds  between  Member 
States or the competent authorities  of the  Member  Stales 

1. 
Provisions  which  are  similar  to  those  of  Articles 
36(3),  63  (3),  and  70  (3)  of  the  Regulation,  and  of 
Articles  93  (6),  94  (6),  and  95  (6)  of  the  implementing 
Regulation  and  which  are  in  force  on  the  day  preceding 
the  entry  into  force  of  the  Regulation,  shall  continue  to 
apply  provided 
the 
implementing  Regulation. 

they  are  included 

in  Annex  5  to 

Provisions  which  are  similar  to  those  referred  to  in 
2. 
paragraph  1  and  which,  for 
the  purposes  of  dealings 
between  two  or  more  Member  States,  will  apply  following 
the  entry  into  force  of  the  Regulation  shall  be  entered  in 
Annex  5  to  the  implementing  Regulation.  The  same  shall 
apply  to  provisions  agreed  under  Article  97  (2)  of  the 
implementing  Regulation. 

Costs  of  administrative  checks  and  medical  examinations 

Article  105 

1. 
The  costs  entailed  in  administrative  checks  and  in 
medical  examinations,  observations,  doctor's  visits  and 
checks  of  all  kinds  necessary  for  the  award,  provision  or 
review  of  benefits,  shall  be  refunded  by  the  institution  on 
whose  behalf  they  were  made  to  the  institution  which  has 
been  responsible  therefore,  on  the  basis  of  the  charges 
applied  by  the  latter  institution. 

However, 

two  or  more  Member  States  or 

2. 
the 
competent  authorities  of  such  Member  States  may  agree 
on  other  methods  of  refund,  in  particular  on  a  lump-sum 
basis,  or  they  may  waive  all  refunds  between  institutions. 

Such  agreements  shall  be  entered 
the 
implementing  Regulation.  Agreements  in  force  on  the  day 
preceding  the  entry  into  force  of  the  Regulation  shall 
continue  to  apply  provided  that  they  are  included  in  the 
said  Annex. 

in  Annex  5  to 

Common  provisions  for  the  payment  of  cash  benefits 

Article  106 

the  Administrative  Commission,  within 

The  competent  authorities  of  every  Member  State  shall 
notify 
time 
limits  allowed  and  in  accordance  with  the  procedures  laid 
down  by  that  Commission,  of  the  amounFof  cash  benefits 
paid  by  the  institutions  falling  within  their  jurisdiction  to 
recipients  residing  or  staying  in  the  territory  of  any  other 
Member  States. 

the 

574/72 -  37 

Article  107 

(11)  (12)  (14) 

—  April  for  rates  of  conversion  applicable  from  1  July 

Currency  conversion 

following, 

L 

For  the  purposes  of  the  following  provisions: 

(a)  Regulation:  Article  12  (2),  (3)  and 

(4),  Article 
14d(l),  Article  19  (1)  (b),  last  sentence,  Article 
22 (1) (ii),  last  sentence,  Article  25 (1)  (b)  penultimate 
sentence,  Article  41  (1)  (c)  and  (d),  Article  46  (4), 
Article  46a 
last 
sentence,  Article  55  (1)  (ii),  last  sentence,  Article 
70(1),  first  subparagraph,  Article  71  (1)  (a)  (ii)  and 
(b) (ii),  penultimate  sentence; 

(3),  Article  50,  Article  52  (b) 

(b) 

implementing  Regulation:  Article  34  (1),  (4)  and  (5); 

the  rate  for  the  conversion  into  a  national  currency  of 
amounts  denominated  in  another  national  currency  shall  be 
the  rate  calculated  by  the  Commission  of  the  European 
Communities  and  based  on  the  monthly  average,  during 
the  reference  period  specified  in  paragraph  2,  of  rates  of 
exchange  of  such  currencies  which  are  communicated  to  it 
for  the  application  of  the  European  Monetary  System. 

2. 

— 

The  reference  period  shall  be: 

January  for  rates  of  conversion  applicable  from  1 
April  following, 

— 

July  for  rates  of  conversion  applicable  from  1  October 
following, 

—  October  for 

rates  of  conversion  applicable 

from 

1 January  following. 

3. 
The  exchange  rates  to  be  used  for  the  purposes  of 
paragraph  1 shall  be  the  rates  notified  to  the  Commission 
of  the  European  Communities  at  the  same  time  by  the 
central  bank  for  the  calculation  of  the  ecu  within  the 
framework  of  the  European  Monetary  System. 

4. 
The  date  to  be  taken  into  account  for  determining 
the  rates  of  conversion  to  be  applied  in  the  cases  referred 
to  in  paragraph  1  shall  be  fixed  by  the  Administrative 
Commission  on  a  proposal  from  the  Audit  Board. 

5. 
The  rates  of  conversion  to  be  applied  in  the  cases 
referred  to  in  paragraph  1 shall  be  published  in  the  Official 
Journal  of  the  European  Communities  in  the  course  of  the 
last  month  but  one  preceding  the  month  from  the  first  day 
of  which  they  are  to  apply. 

6. 
In  cases  not  covered  by  paragraph  1,  the  conversion 
shall  be  made  at  the  official  rate  of  exchange  on  the  day  of 
payment  both  for  the  payment  and  refund  of  benefits. 

TITLE  VI 

MISCELLANEOUS  PROVISIONS 

Article  108 

Proof  of  status  of  seasonal  worker 

that  he 

to  prove 

the 
is  a  seasonal  worker, 
In  order 
employed  person  covered  by  Article  1  (c)  of 
the 
Regulation  shall  be  required  to  submit  his  contract  of 
employment  stamped  by  the  employment  services  of  the 
Member  State  in  whose  territory  he  has  gone  to  work  or 
is 
has  worked. 
concluded  in  that  Member  State,  the  institution  of  the 
country  of  employment  shall,  where  appropriate,  issue,  in 
the  case  of  a  claim  for  benefits,  a  certificate  attesting  that, 
on 
the  person 
concerned,  the  work  which  he  is  doing  or  has  done  is  of  a 
seasonal  nature. 

If  no  seasonal  employment  contract 

information  supplied  by 

the  basis  of 

Article  109 

Arrangement  for  payment  of  contributions 

The  employer  who  has  no  place  of  business  in  the  Member 
State  in  whose  territory  the  employed  person  is  employed 
may  agree  with 
the 
obligations  of  the  employer  with  regard  to  the  payment  of 
contributions. 

that  he  shall  assume 

latter 

the 

The  employer  shall  notify  the  competent  institution  or, 
where  necessary, 
the 
competent  authority  of  the  said  Member  State  of  any  such 
arrangement. 

institution  designated  by 

the 

Article  110 

Mutual  administrative  aid  relating  to  the  recovery  of  benefits 
which  were  not  due 

If  the 
institution  of  a  Member  State  which  provided 
benefits  intends  to  take  action  against  a  person  who  has 
received  benefits  which  were  not  due 
the 
institution  of  the  place  of  residence  of  such  person,  or  the 
institution  designated  by  the  competent  authority  of  the 
Member  State  in  whose  territory  that  person  resides,  shall 
lend  its  good  offices  to  the  first  institution. 

to  him, 

Article  111 

Recovery by social  security  institutions  of payments  not due, and 
claims by assistance  bodies 

the 

1. 
If,  when  awarding  or  reviewing  benefits  in  respect  of 
invalidity,  old-age  or  death  (pensions)  pursuant  to  Chapter 
3  of  Title  III  of  the  Regulation,  the 
institution  of  a 
Member  State  has  paid  to  a  recipient  of  benefits  a  sum  in 
excess  of  that  to  which  he  is  entitled,  that  institution  may 
request 
institution  of  any  other  Member  State 
responsible  for  the  payment  of  corresponding  benefits  to 
the 
that  recipient  to  deduct  the  amount  overpaid  from 
arrears  which  it  pays  to  the  said  recipient.  The 
latter 
the 
institution  shall 
creditor  institution.  Where  the  amount  overpaid  cannot  be 
deducted  from  the  arrears,  the  provisions  of  paragraph  2 
shall  apply. 

the  amount  deducted 

transfer 

to 

574/72 -  38 

the 

2. 
When  the  institution  of  a  Member  State  has  paid  to 
a  recipient  of  benefits  a  sum  in  excess  of  that  to  which  he 
is  entitled  that  institution  may,  within  the  conditions  and 
limits  laid  down  by  the  legislation  which  it  administers, 
request 
institution  of  any  other  Member  State 
responsible  for  the  payment  of  benefits  to  that  recipient  to 
deduct  the  amount  overpaid  from  the  amounts  which  it 
pays  to  the  said  recipient  The  latter  institution  shall  make 
the  deduction  under  the  conditions  and  within  the  limits 
provided  for  such  setting-off  by  the  legislation  which  it 
administers,  as if  the  sums  had  been  overpaid  by itself,  and 
the  creditor 
shall 
institution. 

the  amount  deducted 

transfer 

to 

When  a  person  to  whom  the  Regulation  applies  has 
3. 
received  assistance  in  the  territory  of  a  Member  State 
during  a  period  in  which  he  was  entitled  to  benefits  under 
the  legislation  of  another  Member  State,  the  body  which 
gave  the  assistance  may,  if  it  is  legally  entitled  to  reclaim 
the  benefits  due  to  the  said  person,  request  the  institution 
of  any  other  Member  State  responsible  for  the  payment  of 
benefits  in  favour  of  that  person  to  deduct  the  amount  of 
the  assistance  paid  from  the  amounts  which  the  latter  pays 
to  the  said  person. 

When  a  member  of  the  family  of  a  person  to  whom  the 
Regulation  applies  has  received  assistance  in  the  territory 
of  a  Member  State  during  a  period  in  which  the  said 
person  was  entitled  to  benefits  under  the  legislation  of 
another  Member  State  in  respect  of  the  member  of  the 
family  concerned,  the  body  which  gave  the  assistance  may, 
if  it  is  legally  entitled  to  reclaim  the  benefits  due  to  the 
said  person 
the  family 
concerned,  request  the  institution  of  any  other  Member 
State  responsible  for 
in 
favour  of  that  person  to  deduct  the  amount  of  assistance 
paid  from  the  amounts  which  the  latter  pays  to  the  said 
person  in  respect  of  the  member  of  the  family  concerned. 

the  payment  of  such  benefits 

the  member  of 

in  respect  of 

The  institution  responsible  for  payment  shall  make  the 
deduction  under 
limits 
provided  for  such  setting-off  by  the  legislation  which  it 
administers,  and  shall  transfer  the  amount  deducted  to  the 
creditor  body. 

the  conditions  and  within 

the 

Article  112 

When  an  institution  has  made  payments  which  are  not  due, 
either  directly  or  through  another  institution,  and  when 
their  recovery  has  become  impossible,  the  amounts  in 
first 
question  shall 
institution,  save  where  the  payment  which  was  not  due  is 
the  result  of  fraud. 

finally  chargeable 

remain 

the 

to 

Article  113 

Recovery of benefits  in  kind  provided  but  not  due to  persons 
employed  in international  transport 

1. 
If  the  right  to  benefits  in  kind  is  not  recognized  by 
the  competent  institution,  the  benefits  in  kind  which  have 
international 
to  a  person  employed 
been  provided 
transport  by  the  institution  of  the  place  of  stay  by virtue  of 
the  presumption  referred  to  in  Article  20  (1)  or  62  (1)  of 
the  implementing  Regulation,  shall  be  refunded  by  the 
competent  institution. 

in 

2. 
Expenses  incurred  by  the  institution  of  the  place  of 
stay  in  respect  of  any  person  employed  in  international 
transport  who  has  not  previously  applied  to  the  institution 
of  the  place  of  stay  and  is  not  entitled  to  benefits  in  kind 
in  kind  upon 
but  has  nevertheless 
presentation  of  the  certified  statement  referred 
in 
Article  20  (1)  or  62  (1)  of  the  implementing  Regulation, 
shall  be  refunded  by  the  institution  shown  as  competent  in 
the  said  certified  statement  or  by  any. other  institution 
designated  for  that  purpose  by  the  competent  authority  of 
the  Member  State  concerned. 

received  benefits 

to 

3. 
The  competent  institution  or,  in  the  case  referred  to 
in  paragraph  2,  the  institution  shown  as  competent  or  the 
the 
institution  designated  for 
recipient  of  benefits  with  the  value  of  the  benefits  in  kind 
which  were  provided  but  were  not  due  to  him.  The  said 
institution  shall  notify  these  debits  to  the  Audit  Board 
referred 
implementing 
in  Article  101  (3)  of 
Regulation  which  shall  draw  up  a  statement  thereof. 

that  purpose  shall  debit 

the 

to 

Article  114 

Provisional  payments  of benefits  in  cases  of dispute  over  the 
legislation  to be applied  or the  institution  which  should  provide 
benefits 

the  case  of  a  dispute  between 

In 
the  institutions  or 
competent  authorities  of  two  or  more  Member  States, 
either  as  to which  legislation  should  apply  under  Title  II  of 
the  Regulation,  or  as  to  which  institution  should  provide 
the  benefits, 
the  person  concerned  who  could  claim 
benefits  if  there  were  no  dispute  shall  provisionally  receive 
the  benefits  provided  for  by the  legislation  administered  by 
the  institution  of  the  place  of  residence  or,  if  the  person 
concerned  does  not  reside  in  the  territory  of  one  of  the 
Member  States  concerned,  the  benefits  provided  for  by  the 
legislation  administered  by  the  institution  to  which  his 
claim  was  submitted  in  the  first  instance! 

Article  115 

Procedures  for  medical  examinations  carried  out  in  a  Member 
State other  than  the competent  State 

The  institution  of  the  place  of  stay  or  residence  which  is 
required  under  Article  87  of  the  Regulation  to  carry  out  à 
the 
medical  examination,  shall  act  in  accordance  with 
procedures 
it 
legislation  which 
administers. 

laid  down  by 

the 

574/72  -  39 

In  the  absence  of  such  procedures,  it  shall  apply  to  the 
competent  institution  for  information  on  the  procedures  to 
be  applied. 

Article  116 

Agreements  relating  to the  recovery of  contributions 

Agreements  concluded  pursuant  to  Article  92  (2)  of 
the 

1. 
the  Regulation  shall  be  entered 
implementing  Regulation. 

in  Annex  5 

to 

2. 
Agreements  concluded  for  the  implementation  of 
Article  51  of  Regulation  No  3  shall  continue  to  apply 
provided  they  are  included  in  Annex  5 to  the  implementing 
Regulation. 

Article  117 

Data  processing 

the  opinion  of 

One  or  more  Member  States  or  their  competent 
1. 
authorities  may,  having  received 
the 
Administrative  Commission,  adapt  for  data  processing  the 
models  of  certificates,  certified  statements,  declarations, 
claims  and  other  documents  together  with  the  operations 
and  methods  of  transmission  of  the  data  provided  for  the 
implementation  of  the  Regulation  and  of  the  implementing 
Regulation. 

the 
The  Administrative  Commission  shall,  when 
2. 
development  of  data  processing  in  the  Member  States 
makes 
to 
standardize  and  bring  into  general  use  the  methods  of 
adjustment  resulting  from  the  provisions  of  paragraph  1. 

it  possible,  undertake 

the  studies  required 

TITLE  VII 

TRANSITIONAL  AND  FINAL  PROVISIONS 

Article  118 

(6)  (12) 

Transitional provisions relating to pensions for employed persons 

1.  Where  the  contingency  arises  before  1 October  1972 
or  before  the  date  of  implementation  of  the  implementing 
Regulation  in  the  territory  of  the  Member  State  concerned 
and  the  claim  for  pension  has  not  been  awarded  before 
that  date,  such  claim  shall  give  rise  to  a  double  award,  in 
as  much  as  benefits  must  be  granted,  pursuant  to  such 
contingency,  for  a  period  prior  to  that  date: 

(a) 

for  the  period  prior  to  1 October  1972  or  to  the  date 
of  implementation  of  the  implementing  Regulation  in 
in 
the 
accordance  with  Regulation  No  3  or  the  agreements 
in  force  between  the  Member  States  concerned; 

the  Member  State  concerned, 

territory  of 

(b)  for  the  period  commencing  on  1  October  1972  or  on 
implementing 
implementation  of 
the  Member  State 

the  date  of 
Regulation 
concerned,  in  accordance  with  the  Regulation. 

territory  of 

in  the 

the 

if 

the  amount  calculated  pursuant 

the 
However, 
provisions  referred 
that 
to  under  (a) 
calculated  pursuant  to  the  provisions  referred  to  under  (b), 
the  person  concerned  shall  continue  to  be  entitled  to  the 
amount  calculated  pursuant  to  the  provisions  referred  to 
under  (a). 

to 
than 

is  greater 

to  an 

institution  of  a  Member  State 

A  claim  for  invalidity,  old  age  or  survivors'  benefits 
2. 
submitted 
from 
1 October  1972 or  from  the  date  of  implementation  of  the 
implementing  Regulation  in  the  territory  of  the  Member 
State  concerned,  or  in  a  part  of  the  territory  of  that  State, 
the 
shall  automatically  necessitate 
benefits  which  have  been 
same 
contingency  prior 
institution  or 
institutions  of  one  or  more  of  the  other  Member  States,  in 
accordance with the  Regulation;  such  reassessment  may  not 
give  rise  to  any  reduction  in  the  amount  of  the  benefit 
awarded. 

the  reassessment  of 
for 
awarded 

that  date  by 

the 

the 

to 

Article  119 

(6)  (12) 

Transitional  provisions  relating  to pensions  for  self-employed 
persons 

1.  Where  the  contingency  arises  before  1 July  1982  or 
before  the  date  of  implementation  of  the  implementing 
Regulation  in  the  territory  of  the  Member  State  concerned 
and  the  claim  for  pension  has  not  been  awarded  before 
that  date,  such  claim  shall  give  rise  to  a  double  award,  in 
as  much  as  benefits  must  be  granted,  pursuant  to  such 
contingency,  for  a  period  prior  to  that  date: 

(a) 

(b) 

for  the  period  prior  to  1 July  1982  or  to  the  date  of 
implementation  of  the  implementing  Regulation  in  the 
in 
territory  of 
concerned, 
the  Member  State 
accordance  with  the  Regulation  ÔT" agreements 
in 
force  between  the  Member  States  concerned  before 
that  date; 

of 

for  the  period  commencing  on  1 July  1982  or  on  the 
implementation 
date 
implementing 
in  the  territory  of  the  Member  State 
Regulation 
concerned,  in  accordance  with  the  Regulation. 

the 

of 

574/72 -  40 

if 

the  amount  calculated  pursuant 

the 
However, 
provisions  referred 
that 
to  under  (a) 
calculated  pursuant  to  the  provisions  referred  to  under  (b), 
the  person  concerned  shall  continue  to  be  entitled  to  the 
amount  calculated  pursuant  to  the  provisions  referred  to 
under  (a). 

to 
than 

is  greater 

from 

the  date  of 

implementation  of 

A  claim  for  invalidity,  old  age  or  survivors'  benefits 
2. 
submitted  to  the  institution  of  a  Member  State  from  1 July 
1982  or 
the 
implementing  Regulation  in  the  territory  of  the  Member 
State  concerned,  or  in  a  part  of  the  territory  of  that  State, 
the  reassessment  of  the 
shall  automatically  necessitate 
that  have  already  been  awarded  for  the  same 
benefits 
contingency  prior 
institution  or 
institutions  of  one  or  more  of  the  other  Member  States,  in 
accordance  with  the  Regulation;  such  reassessment  may  not 
the  amount  of  benefit 
give  rise 
awarded. 

to  any  reduction 

that  date  by 

the 

to 

in 

Article  119a 

(5) 

Transitional  provisions  relating  to pensions  for  the purpose of 
applying  the  last  part  of Article  15 (1)  (a)  of the  implementing 
Regulation 

1.  Where  the  date  on  which  the  contingency  arises 
the  claim  for  a 
precedes  1  January  1987  and  where 
pension  has  not  yet  resulted  in  an  award  before  that  date, 
such  claim  shall,  in  as  much  as  benefits  must  be  granted, 
pursuant  to  such  contingency,  for  a  period  prior  to  the 
last-mentioned  date,  give  rise  to  a  double  award: 

(a) 

the  provisions  of 

for  the  period  prior  to  1 January  1987,  in  accordance 
the  Regulation  or  of 
with 
agreements 
the  Member  States 
concerned; 

in  force  between 

(b) 

for  the  period  commencing  on  1  January  1987,  in 
accordance  with  the  provisions  of  the  Regulation. 

referred 

If,  however,  the  amount  calculated  in  pursuance  of  the 
that 
to  under  (a) 
provisions 
calculated  in  pursuance  of  the  provisions  referred  to  under 
(b),  the  person  concerned  shall  continue  to  be  entitled  to 
the  amount  calculated 
the  provisions 
referred  to  under  (a). 

in  pursuance  of 

is  greater 

than 

shall 

1987 

A  claim  for  invalidity,  old-age  or  survivors'  benefits 
2. 
submitted  to  an  institution  of  a  Member  State  from  1 
January 
the 
reassessment, 
in  accordance  with  the  provisions  of  the 
Regulation,  of  the  benefits  which  have  been  awarded  for 
the  same  contingency  prior  to  that  date  by  the  institution 
or  institutions  of  one  or  more  of  the  other  Member  States, 
without  prejudice  to  the  provisions  of  Article  3. 

automatically 

necessitate 

3. 
The  rights  of  the  persons  concerned  who  obtained 
the  award  of  pensions  prior  to  1  January  1987  in  the 
territory  of  the  Member  State  in  question  may  be  revised 
at  their  request  in  the  light  of  the  provisions  of  Council 
Regulation  (EEC)  No  3811/86  (*). 

If 

to 

the 

request 

referred 

in  paragraph  3 

4. 
is 
submitted  within  one  year  following  1  January  1987, 
entitlement  to  rights  under  Regulation  (EEC)  No  3811/86 
shall  be  acquired  from  1 January  1987  or  from  the  date  of 
the  entitlement  to  a  pension  where  the  last-mentioned  date 
is  subsequent 
the 
provisions  of  the  legislation  of  any  Member  State  with 
regard  to  the  withdrawal  or  limitation  of  rights  may  not  be 
relied  upon  as  against  the  persons  concerned. 

to  1  January  1987; 

in  such  case 

If 

to 

the 

request 

referred 

in  paragraph  3 

5. 
is 
submitted  after  expiry  of  the  period  of  one  year  following 
1  January  1987,  entitlement 
to  rights  acquired  under 
Regulation 
(EEC)  No  3811/86  which  have  not  been 
withdrawn  or  in  respect  of  which  the  period  of  limitation 
has  not  been  exceeded  shall  be  acquired  from  the  date  on 
which  the  request  is  submitted,  unless  more  favourable 
provisions  of  the  legislation  of  any  of  the  Member  States 
are  applicable. 

Article  120 

(8) 

Article  121 

Supplementary  implementing  agreements 

1. 
Two  or  more  Member  States  or  the  competent 
authorities  of  those  Member  States  may,  where  necessary, 
conclude 
the 
designed 
administrative  procedure  for  implementing  the  Regulation. 
Such  agreements  are  listed  in Annex  5 to  the  implementing 
Regulation. 

supplement 

agreements 

to 

2. 
Agreements  similar  to  those  referred  to  in  paragraph 
1, which  are  in  force  on  the  day  preceding  1 October  1972, 
shall  continue  to  apply  provided  they  are  included 
in 
Annex  5  to  the  implementing  Regulation. 

Article  122 

Special  provisions  concerning the  amendment  of certain  Annexes 

Annexes  1, 4, 5,  6,  7 and  8 to  the  implementing  Regulation 
may  be  amended  by  a  Commission  Regulation  at 
the 
request  of  the  Member  State  or  Member  States  concerned 
or  their  competent  authorities,  after  the  opinion  of  the 
Administrative  Commission  has  been  obtained. 

(])  OJNoL355,16.  12. 1986, p. 5. 

574/72  -  41 

ANNEX  1 

(A)  (B)(3)  (4) (9) (13) (15) 

COMPETENT  AUTHORITIES 

(Article  1 (1) of the Regulation, and Articles 4 (1) and  122 of  the implementing  Regulation) 

A.  BELGIUM: 

1.  Ministre  de  la  prévoyance  sociale,  Bruxelles  —  Minister  van  Sociale 

Voorzorg,  Brussel  (Minister  of  Social  Welfare,  Brussels). 

2.  Ministre  des  classes  moyennes,  Bruxelles  —  Minister  van  Middens t and, 

Brussel  (Minister  for  Small  Firms  and  Traders,  Brussel). 

B.  DENMARK: 

1.  Socialministeren  (Minister  of  Social  Affairs),  Kobenhavn. 

2.  Arbejdsministeren  (Minister  of  Labour),  Kcbenhavn. 

3.  Sundhedsministeren  (Minister  of  Health),  Kobenhavn. 

C.  GERMANY: 

D.  SPAIN: 

Bundesminister  fur  Arbeit  und  Sozialordnung  (Federal  Minister  of  Labour 
and  Social  Affairs),  Bonn. 

Ministro  de  Trabajo  y  Seguridad  Social  (Minister  of  Labour  and  Social 
Security),  Madrid. 

E.  FRANCE: 

1.  Ministre  des  affaires  sociales  et  de  la  solidarité  nationale  (Minister  of 

Social  Affairs  for  National  Solidarity),  Paris. 

2.  Ministre  de  l'agriculture  (Minister  of  Agriculture),  Paris. 

F.  GREECE: 

1.  YJIOUQYÔÇ  Koivoïviyctbv  YitriQEOiwv,  AHriva  (Minister  of  Social  Affaire), 

Athens. 

2.  Ynouçyôç  Egyaaiaç,  Arhjva  (Minister  of  Labour),  Athens. 

3.  Yjtouç/yôç  EunoQixrjç  Noira"viaç,  riEiQcuàç.  (Minister  of  the  Merchant 

Navy),  Piraeus. 

G.  IRELAND: 

1.  Minister  for  Social  Welfare,  Dublin. 

2.  Minister  for  Health,  Dublin. 

H.  ITALY: 

1.  Ministro  del  Lavoro  e  délia  Previdenza  sociale  (Minister  for  Labour  and 

Social  Welfare),  Roma. 

2.  Ministro  délia  Sanità  (Minister  of  Health),  Roma. 

3.  Ministro  di  Grazia  e  Giustizia  (Minister  of  Justice),  Roma. 

4.  Ministro  delle  Finanze  (Minister  of  Finance),  Roma. 

I.  LUXEMBOURG: 

1.  Ministre  du  travail  et  de  la  sécurité  sociale  (Minister  of  Labour  and  Social 

Security),  Luxembourg. 

J.  NETHERLANDS: 

1.  Minister  van  Sociale  Zaken  en  Werkgelegenheid  (Minister  of  Social 

Affairs  and  Employment),  Den  Haag. 

2.  Ministre  de  la  famille  (Minister  of  Family  Affairs),  Luxembourg. 

2.  Minister  van  Welzijn,  Volksgezondheid  en  Cultuur  (Minister  of  Welfare, 

Health  and  Cultural  Affairs),  Rijswijk. 

K.  AUSTRIA 

1.  Bundesminister  fur  Arbeit  und  Soziales  (Federal  Minister  for  Labour  and 

Social  Affairs),  Wien. 

L.  PORTUGAL: 

1.  Ministro  do  Trabalho  e  Segurança  Social  (Minister  of  Labour  and  Social 

2.  Bundesminister  fur  Jugend  und  Familie  (Federal  Minister  for  Youth  and 

the  Family),  Vienna. 

Security),  Lisboa. 

2.  Ministro  da  Satide  (Minister  of  Health),  Lisboa. 

3.  Secrétario  Regional  dos  Assuntos  Sociais  da  Regiâo  Autônoma  da 
Madeira  (Regional  Secretary  of  Social  Affairs  of  the  Autonomous  Region 
of  Madeira),  Funchal. 

4.  Secretario  Regional  dos  Assuntos  Sociais  da  Regiâo  Autônoma  dos  Açores 
(Regional  Secretary  of  Social  Affairs  of  the  autonomous  Region  of  the 
Azores),  Angra  do  Heroismo. 

Sosiaali-  ja  terveysministeriô/Social-  och  hàlsovârdsministeriet  (Ministry  of 
Social  Affairs  and  Health),  Helsinki. 

Regeringen  (Socialdepartementet)  (the  Government  (the  Ministry  of  Health 
and  Social  Affairs)),  Stockholm. 

574/72 -  42 

M.  FINLAND 

N.  SWEDEN 

O.  UNITED  KINGDOM: 

1.  Secretary  of State for  Social  Security, London; 

la. Secretary of  State for  Health,  London. 

2.  Secretary of State  for  Scotland,  Edinburgh. 

3.  Secretary of State for  Wales, Cardiff. 

4.  Department  of Health  and Social Services for  Northern  Ireland,  Belfast. 

5.  Director  of  the Department  of Labour  and  Social Security,  Gibraltar. 

6.  Director  of  the  Gibraltar  Health  Authority. 

574/72  -  43 

ANNEX2 

(A) (B) (2) (3) (7) (8)  (9) (13) (14)  (15) 

COMPETENT  INSTITUTIONS 

(Article  1 (o) of  the Regulation  and Article 4 (2) of the implementing  Regulation) 

1. 

Sickness  and  maternity: 

(a)  For  the  purposes  of  applying  Articles  16  to 

29  of  the  implementing  Regulation: 

A.  BELGIUM 

(i) 

as  a  générale  rule: 

(ii) 

for  mariners: 

(iii)  for  persons  covered  by  the  overseas 

social  insurance  scheme: 

(iv) 

for  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

insurance  body  with  which 

the 
self-employed  person  is  insured, 

the  employed  or 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  —  Hulp-  en  voorzorgskas  voor  zeervarenden  — 
(Relief  and  Welfare  Fund  for  Mariners),  Antwerpen, 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels), 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

(b)  For  the  purposes  of  applying  Title  V  of  the 

implementing  Regulation: 

2. 

Invalidity: 

national 

d'assurance 

Rijksinstuuut 

maladie-invalidité, 
Institut 
Bruxelles  — 
en 
ziekte- 
invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institute,  Brussels)  acting  on 
behalf  of 
the  Relief  and 
insurance  bodies  or 
the 
Welfare  Fund  for  Mariners. 

voor 

(a)  General  invalidity  (manual  workers,  clerical 
of 

and  miners) 

invalidity 

and 

staff 
self-employed  persons: 

national 

d'assurance 

Rijksinstituut 

maladie-invalidité, 
Institut 
Bruxelles  — 
en 
ziekte- 
invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Instutition,  Brussels)  together 
with  the  insurance  body  with  which  the  employed  or 
self-employed  person  is,  or  has  been,  insured; 

voor 

(b)  Special  invalidity  scheme  for  miners: 

(c)  Mariners'  invalidity  scheme: 

(d) 

invalidity  of  persons  covered  by  the  overseas 
social  iasurance  scheme: 

(e) 

invalidity  of  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

Fonds  national  de 
ouvriers-mineurs, 
Bruxelles  —  Nationaal  pensioenfonds  voor  mijnwerkers, 
Brussel  — 
for  Miners, 
(National  Pension  Fund 
Brussels); 

retraite  des 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  —  Hulp-  en  voorzorgskas  voor  zeervarenden  — 
(Relief  and  Welfare  Fund  for  Mariners),  Antwerpen; 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel 
(Overseas  Social  Insurance  Office,  Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel 
(Overseas  Social  Insurance  Office,  Brussels). 

3.  Old-age,  death  (pensions): 

(a)  general  scheme 

(manual  workers,  clerical 

staff,  miners  and  mariners): 

(b)  non-salaried  persons  scheme: 

Office  national  des  pensions,  Bruxelles  —  Rijksdienst 
voor  pensioenen,  Brussel  —  (National  Pension  Office, 
Brussels); 

Institut  national  d'assurances  sociales  pour  travailleurs 
indépendants,  Bruxelles  —  Rijksinstituut  voor  de  sociale 
verzekeringen  der  zelfstandigen,  Brussel  —  (National 
Social  Insurance  Institute  for  Self-Employed  Persons, 
Brussels); 

574/72 -  44 

(c) 

overseas  social  insurance  scheme: 

(d) 

scheme  for  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel 
(Overseas  Social  Insurance  Office,  Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel 
(Overseas  Social  Insurance  Office,  Brussels). 

4.  Accidents  at  work: 

(a)  Until  expiry  of  the  review  period  provided 
for  by  the  law  of  10 April  1971  (Article  72): 

(i) 

benefits  in  kind: 

— 

renewal 
prostheses: 

and  maintenance 

of 

Fonds  des  accidents  du  travail,  Bruxelles  —  Fonds  voor 
arbeidsongevallen,  Brussel  —  (Accidents  at  Work  Fund, 
Brussels), 

— 

benefits  other  than  those  referred 
to  above: 

the  insurer  with  whom  the  employer  is  insured; 

(ii) 

cash  benefits 

grants: 

the  insurer  with  whom  the  employer  is  insured, " 

pensions: 

the  duly  appointed  body  for  pensions, 

supplementary  awards: 

supplementary  awards  provided 
for  by  Royal  Decree  of  21 
December  1971: 

(b) 

after  expiry  of  the  review  periods  provided 
for  by  the  law  of  10 April  1971  (Article  72) 

(i) 

benefits  in  kind: 

(ii) 

cash  benefits: 

— 

— 

— 

— 

(c) 

scheme  for  mariners  and  fishermen: 

(d) 

in  cases  of  non-insurance: 

(e) 

scheme  for  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

5.  Occupational  diseases: 

(a) 

as  a  general  rule: 

(b) 

scheme  for  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

Fonds  des  accidents  du  travail,  Bruxelles  —  Fonds  voor 
arbeidsongevallen,  Brussel  —  (Accidents  at  Work  Fund, 
Brussels); 

Fonds  des  accidents  du  travail,  Bruxelles  —  Fonds  voor 
arbeidsongevallen,  Brussel  —  (Accidents  at  Work  Fund, 
Brussels), 

Fonds  des  accidents  du  travail,  Bruxelles  —  Fonds  voor 
arbeidsongevallen,  Brussel  —  (Accidents  at  Work  Fund, 
Brussels); 

Fonds  des  accidents  du  travail,  Bruxelles  —  Fonds  voor 
arbeidsongevallen,  Brussel  —  (Accidents  at  Work  Fund, 
Brussels); 

Fonds  des  accidents  du  travail,  Bruxelles  —  Fonds  voor 
arbeidsongevallen,  Brussel  —  (Accidents  at  Work  Fund, 
Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

Fonds  des  maladies  professionnelles,  Bruxelles  —Fonds 
voor  beroepsziekten,  Brussel  —  (Occupational  Diseases 
Fund,  Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

574/72 -  45 

Death grants: 

(a)  sickness  and  invalidity  insurance: 

(i) 

in  general: 

d'assurance  maladie-invalidité, 
Institut 
national 
Bruxelles  —  Rijksinstituut 
en 
invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institution,  Brussels)  together 
with  the  insurance  body  with  which  the  employed 
person was insured, 

ziekte- 

voor 

(ii) 

for  mariners: 

(iii)  for  persons  covered  by  the  overseas 

social  insurance  scheme: 

(iv)  for  former  employees  of  the  Belgian 

Congo  and  Rwanda-Urundi: 

(b)  accidents  at work: 

(i) 

in general: 

(ii) 

for  mariners: 

(iii)  for  former  employees  of  the  Belgian 

Congo  and  Rwanda-Urundi: 

(c)  occupational  diseases: 

(i) 

as a general rule: 

(ii) 

for  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  —  Hulp-  en  voorzorgskas  voor  zeevarenden  — 
(Relief  and Welfare  Fund for  Mariners), Antwerpen, 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas Social  Insurance  Office,  Brussels) 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas Social  Insurance  Office,  Brussels); 

the  insurer, 

Fonds des  accidents du  travail, Bruxelles — Fonds voor 
arbeidsongevallen,  Brussel — (Accidents  at  Work  Fund, 
Brussels), 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas Social  Insurance  Office,  Brussels); 

Fonds des maladies professionnelles,  Bruxelles — Fonds 
voor  beroepsziekten,  Brussel  — (Occupational  Diseases 
Fund, Brussels), 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas Social  Insurance Office,  Brussels). 

7.  Unemployment: 

(i) 

in general: 

(ii) 

for  mariners: 

8. 

Family benefits: 

(a)  employed  persons scheme: 

(b)  self-employed  persons' scheme: 

(c) 

scheme  for  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

Office  national  de  l'emploi,  Bruxelles  —  Rijksdienst 
voor 
(National 
Employment  Office,  Brussels); 

arbeidsvoorziening,  Brussel  — 

Pool  des  marins  de  la  marine  marchande  —  Pool  van 
de  zeelieden  ter  koopvaardij  —  (Merchant  Navy Pool), 
Antwerpen. 

Office  national  des  allocations 
familiales  pour 
travailleurs  salariés,  Bruxelles  —  Rijksdienst  voor 
kinderbijslag  voor  werknemers,  Brussel  —  (National 
for  Employed  Persons, 
Family  Allowances  Office 
Brussels); 

Institut  national  d'assurances  sociales  pour  travailleurs 
indépendants, Bruxelles — Rijksinstituut  voor de sociale 
verzekeringen  der  zelfstandigen,  Brussel  —  (National 
Social  Insurance  Institute  for  Self-Employed  Persons, 
Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

574/72 -  46 

B.  DENMARK 

(a)  Sickness  and  maternity: 

(i) 

sickness: 

— 

benefits  in  kind: 

cash  benefits: 

(ii)  maternity: 

— 

benefits  in  kind: 

— 

cash  benefits: 

(b) 

Invalidity: 

(i) 

benefits  granted  under 
social  pensions: 

the 

legislation  on 

(ii) 

rehabilitation  benefits: 

(c)  Old-age  and  death  (pensions): 

(i) 

pensions  granted  under  legislation  on  social 
pensions: 

(ii)  pensions 

granted 

under 

supplementary 
persons 
('loven 
Tillaïgspension'): 

pensions 
om 

the 
for 

law 
on 
employed 
Arbejdsmarkedets 

(d)  Accidents  at  work  and  occupational  diseases: 

(i) 

benefits  in  kind  and  pensions: 

(ii)  daily  allowances: 

(e)  Death  grants: 

(f)  Unemployment: 

the  commune  of  Kebenhavn:  Magistraten 

the  competent  amtskommune  (district  administration). 
(the 
In 
communal 
of 
Frederiksborg:  the  communal  administration, 

administration). 

commune 

the 

In 

the  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg 
(the 
communal  administration); 

and  Ârhus:  Magistraten 

the  commune  of  Kebenhavn:  Magistraten 

the  competent  amtskommune  (district  administration). 
(the 
In 
communal 
of 
Frederiksb0rg:  the  communal  administration), 

administration). 

commune 

the 

In 

the  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg 
(the 
communal  administration). 

and  Ârhus:  Magistraten 

Direktoratet  for  Social  Sikring  of  Bistand  (National 
Office  for  Social  Security  and  Welfare),  Kobenhavn; 

the  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg 
(the 
communal  administration). 

and  Ârhus:  Magistraten 

Direktoratet  for  Social  Sikring  of  Bistand  (National 
Office  for  Social  Security  and  Welfare),  K0benhavn; 

Arbejdsmarkedets 
Pensions  Office  for  Employed  Persons),  Hillerod. 

Tillaegspension 

(Supplementary 

Arbejdsskadetstyrelsen  (National  Office  for  Accidents  at 
Work  and  Occupational  Diseases),  K0benhavn; 

the  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg, 
(the 
communal  administration). 

and  Ârhus:  Magistraten 

The  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg 
(the 
communal  administration). 

and  Ârhus:  Magistraten 

Direktoratet  for  Arbejdsloshedsforsikringen 
Office 
for 
Kebenhavn. 

Insurance 

against 

(National 
Unemployment), 

(g)  Family  benefits  (family  allowances): 

The  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg 
(the 
communal  administration). 

and  Ârhus:  Magistraten 

574/72 -  47 

The  jurisdiction  of  the  German  institutions  shall  be  governed  by  the  provisions  of  German 
legislation,  unless  otherwise  specified  hereinafter 

C.  GERMANY 

1. 

Sickness  insurance: 

For  the  purposes  of  applying  Article  13  (2)  (e)  of 
the  Regulation: 

(a)  where  the  person  concerned  is  resident  in 
the  Federal  Republic  of 

territory  of 

the 
Germany: 

(b)  where  the  person  concerned  is  resident  in 
the  territory  of  another  Member  State: 

the  competent  Allgemeine  Ortskrankenkasse 
(Local 
General  Sickness  Fund)  of  the  place  of  residence  of  the 
person  concerned; 

Allgemeine  Ortskrankenkasse  Bonn 
Sickness  Fund  Bonn),  Bonn; 

(Local  General 

the  sickness 
members  of  the  family  are  insured. 

insurance 

institution  with  which 

these 

sickness 

insurance 

the 
the 
unemployed  person  was  insured  on  the  date  when  he 
left  the  territory  of  the  Federal  Republic  of  Germany. 

institution  with  which 

Allgemeine  Ortskrankenkasse  Bonn 
Sickness  Fund  Bonn),  Bonn; 

(Local  General 

the  sickness 
claimant  or  pensioner  is  insured. 

insurance 

institution  with  which 

the 

(c)  where 

the  family  of 

the  members  of 

the 
person  concerned  were,  prior  to  his  being 
called  up  or  recalled  for  service  in  the  armed 
forces,  or  for  civilian  service,  insured  with  a 
accordance  with 
institution 
German 
Article 
implementing 
(1) 
17 
Regulation: 

the 

of 

in 

For  the  purposes  of  applying  Article  25  (1)  of  the 
Regulation: 

For  the  sickness  insurance  of  pension  claimants 
and  of  pensioners  and 
their 
families  under  the  provisions  of  Sections  4  and  5 
of  Chapter  1 of  Title  III  of  the  Regulation: 

the  members  of 

(i)  where  the  person  concerned  is  insured  with 
an  Allgemeine  Ortskrankenkasse 
(Local 
General  Sickness  Fund)  or  where  he  is  not 
insured  with 
insurance 
institution: 

sickness 

any 

(ii) 

in  all  other  cases: 

Pension  insurance  for  manual  workers,  clerical 
staff  and  miners: 

For  admission  to  voluntary  insurance,  and  for  the 
determination  of  claims 
the 
granting  of  benefits  pursuant  to  the  provisions  of 
the  Regulation: 

to  benefits  and 

(a)  For  persons  who  have  been  insured  or  are 
considered  as  such  either  exclusively  under 
German 
under  German 
legislation  and  the  legislation  of  one  or  more 
other  Member  States,  and  for  their  survivors, 
if  the  person  concerned: 

legislation 

or 

— 

is  resident  in  the  territory  of  another 
Member  State, 

or 

— 

is  a  national  of  another  Member  State 
resident  in  the  territory  of  a  non-mem 
ber  State: 

574/72  -  48 

(i) 

If  the  last  contribution  was  paid 
into  the  manual  workers'  pension 
insurance  scheme: 

— 

if  the  person  concerned  is 
resident  in  the  Netherlands 
or  is  a  Netherlands  national 
resident  in  the  territory  of  a 
non-member  State: 

Landesversicherungsanstalt 
Westfalen 
Insurance  Office  of  Westphalia),  Miinster, 

(Regional 

in  Belgium  or 

if  the  person  concerned  is 
resident 
in 
is  a  Belgian  or 
Spain  or 
Spanish  national,  resident  in 
the 
a 
non-member  State: 

territory 

of 

in  Italy  or 

is 
if  the  person  concerned 
resident 
is  an 
Italian  national  resident  in 
the 
a 
non-member  State: 

territory 

of 

in 

France 

if  the  person  concerned  is 
resident 
or 
Luxembourg  or  is  a  French 
or 
national 
resident  in  the  territory  of  a 
non-member  State: 

Luxembourg 

if  the  person  concerned  is 
resident  in  Denmark  or  is  a 
Danish  national  resident  in 
a 
the 
non-member  State: 

territory 

of 

in  Ireland  or 

if  the  person  concerned  is 
the 
resident 
United  Kingdom  or 
is  an 
Irish  or  United  Kingdom 
national 
the 
resident 
territory  of  a  non-member 
State: 

in 

Landesversicherungsanstalt 
Insurance  Office  of  the  Rhine  Province),  Diisseldorf, 

Rheinprovinz 

(Regional 

Landesversicherungsanstalt 
Insurance  Office  of  Swabia),  Augsburg, 

Schwaben 

(Regional 

Landesversicherungsanstalt  Rheinland-Pfalz 
Insurance  Office  of  the  Rhineland-Palatinate),  Speyer, 

(Regional 

Landesversicherungsanstalt  Schleswig-Holstein  (Regional 
Insurance  Office  of  Schleswig-Holstein),  Liibeck, 

Landesversicherungsanstalt 
und  Hansestadt 
Hamburg  (Regional  Insurance  Office  of  the  Free  and 
Hanseatic  City  of  Hamburg),  Hamburg, 

Freie 

if  the  person  concerned 
is 
resident  in  Greece  or  is  a 
Greek  national  resident 
in 
the  territory  of  non-member 
State: 

Landesversicherungsanstalt  Wiirttemberg 
Insurance  Office  of  Wiirttemberg),  Stuttgart, 

(Regional 

if  the  person  concerned  is 
resident  in  Portugal  or  is  a 
Portuguese  national  resident 
in 
a 
territory 
non-member  State: 

the 

of 

Landesversicherungsanstalt  Unterfranken 
Insurance  Office  of  Lower  Franconia)  Wiirzburg; 

(Regional 

574/72  -  49 

If,  however,  the  last  contribution 
was  paid  into: 

— 

— 

the  Landesversicherungsans 
talt  fur  das  Saarland  (Re 
gional  Insurance  Office  of 
the  Saarland),  Saarbrucken 
or  to  the  Bundesbahnversi-
(Federal 
cherungsanstalt 
Railways  Insurance  Office), 
Frankfurt  am  Main: 

the  institution  to which  the  last  contribution  was  paid, 

Seekasse 

the 
(Mariners' 
Insurance  Fund),  Hamburg, 
or  if  contributions  were  paid 
for  at  least  60  months  to  the 
Seekasse 
der 
(Rentenversicherung 
der 
Arbeiter 
(Mariners' 
Angestellten) 
(pension 
Insurance 
insurance 
for 
manual  workers  or  clerical 
staff)),  Hamburg: 

scheme 

Fund 

oder 

Seekasse  (Mariners'  Insurance  Fund),  Hamburg; 

(ii) 

If  the  last  contribution  was  paid 
into  the  pension  insurance  scheme 
for  clerical  staff: 

if  no  contribution  was  paid 
into  the  Seekasse  (Mariners' 
Insurance  Fund),  Hamburg, 
or  if  the  last  contribution 
was  not  paid  to  the  Bundes-
b a h n v e r s i c h e r u n g s a n s t a lt 
(Federal  Railways  Insurance 
Office),  Frankfurt  am  Main:  Bundesversicherungsanstalt 

fur  Angestellte 

(Federal 

Insurance  Office  for  Clerical  Staff),  Berlin, 

— 

— 

— 

if  a  contribution  was  paid 
into  the  Seekasse  (Renten 
versicherung  der  Arbeiter 
oder 
Angestellten) 
Insurance  Fund 
(Mariners' 
(pension 
insurance  scheme 
for  manual  workers  or  cleri 
cal  staff)),  Hamburg: 

der 

if  the  last  contribution  was 
paid  to  the  Bundesbahnver-
sicherungsanstalt 
(Federal 
Railways  Insurance  Office), 
Frankfurt  am  Main: 

(iii) 

If  the  last  contribution  was  paid 
into  the  pension  insurance  scheme 
for  miners  or  if  the  qualifying  pe 
riod  required  for  obtaining 
the 
miners'  pension  payable  by  reason 
of  reduced  ability  to  pursue  the 
activity  of  a  miner  (Bergmanns-
rente) 
to  be, 
completed: 

is  deemed 

is,  or 

Seekasse  (Mariners'  Insurance  Fund),  Hamburg, 

Bundesbahnversicherungsanstalt 
Insurance  Office),  Frankfurt  am  Main; 

(Federal 

Railways 

— 

Bundesknappschaft 
Miners),  Bochum. 

(Federal 

Insurance 

Fund 

for 

574/72 -  50 

(b)  For  persons  who  have  been  insured  or  are 
insured  under 
considered  as  having  been 
legislation  of  one  or  more  other 
German 
Member  States,  and  for  their  survivors,  if  the 
person  concerned: 

— 

is  resident  in  the  territory  of  Germany, 
excluding  in  the  Saarland, 

is  a  German  national  resident  in  the 
territory  of  a  non-member  State: 

(i) 

the 

If 
last  contribution  under 
German  legislation  was  paid  into 
the  manual  workers' 
pension 
insurance  scheme: 

— 

if  the  last  contribution  under 
the 
legislation  of  another 
Member  State  was  paid  into 
a 
pension 
Netherlands 
insurance  institution: 

if  the  last  contribution  under 
legislation  of  another 
the 
Member  State  was  paid  into 
a  Belgian  or  Spanish  pen 
sion  insurance  institution: 

if  the  last  contribution  under 
the 
legislation  of  another 
Member  State  was  paid  into 
an  Italian  pension  insurance 
institution: 

if  the  last  contribution  under 
the 
legislation  of  another 
Member  State  was  paid  into 
a  French  or  Luxembourg 
institu 
insurance 
pension 
tion: 

if  the  last  contribution  under 
the 
legislation  of  another 
Member  State  was  paid  into 
a  Danish  pension  insurance 
institution: 

if  the  last  contribution  under 
legislation  of  another 
the 
Member  State  was  paid  into 
an  Irish  or  United  Kingdom 
pension 
institu 
insurance 
tion: 

Landesversicherungsanstalt 
Westfalen 
Insurance  Office  of  Westphalia),  Munster, 

(Regional 

Landesversicherungsanstalt  Rheinprovinz 
Insurance  Office  of  the  Rhine  Province),  Diisseldorf, 

(Regional 

Landesversicherungsanstalt 
Insurance  Office  of  Swabia),  Augsburg, 

Schwaben 

(Regional 

Landesversicherungsanstalt  Rheinland-Pfalz 
Insurance  Office  of  the  Rhineland-Palatinate),  Speyer, 

(Regional 

Landesversicherungsanstalt  Schleswig-Holstein  (Regional 
Insurance  Office  of  Schleswig-Holstein),  Liibeck, 

Landesversicherungsanstalt 
und  Hansestadt 
Hamburg  (Regional  Insurance  Office  of  the  FTee  and 
Hanseatic  City  of  Hamburg),  Hamburg, 

Freie 

574/72  -  51 

— 

— 

if  the last contribution  under 
legislation  of  another 
the 
Member  State was paid  into 
a  Greek  pension  insurance 
institution: 

if  the last contribution  under 
the 
legislation  of  another 
Member  State  was paid  into 
a  Portuguese  pension  insur 
ance  institution: 

If,  however,  the  person  concerned 
is resident  in  the  territory  of  Ger 
many  in  the  Saarland  or  if  he  is a 
German  national  resident  in  the 
territory  of  a  non-Member  State, 
and  if  the  last  contribution  under 
German  legislation  was  paid  into 
a  pension  insurance  institution  si 
tuated  in  the  Saarland: 

If,  however,  the  last  contribution 
under  German 
legislation  was 
paid  into: 

Landesversicherungsanstalt  Wiirttemberg 
Insurance  Office  of Wiirttemberg), Stuttgart, 

(Regional 

Landesversicherungsanstalt  Unterfranken 
Insurance  Office  of  Lower  Franconia), Wurzburg; 

(Regional 

Landesversicherungsanstalt  fiir  das  Saarland  (Regional 
Insurance  Office  of  the  Saarland), Saarbrucken; 

— 

the  Seekasse 
(Mariners' 
Insurance  Fund),  Hamburg, 
or  if  contributions  by  virtue 
of 
the 
German  navy or  the  navy of 
another  country  were  paid 
for  at  least  60 months: 

employment 

in 

— 

Bundesbahnversicher-
(Federal  Rail 
Insurance  Office), 

the 
ungsanstalt 
ways 
Frankfurt  am Main: 

(ii) 

If  the  last  contribution  was  paid 
into the pension  insurance scheme 
for  clerical  staff: 

Seekasse  (Mariners'  Insurance  Fund), Hamburg, 

Bundesbahnversicherungsanstalt 
Insurance  Office),  Frankfurt  am Main; 

(Federal  Railways 

— 

if  no  contribution  was  paid 
into  the  Seekasse  (Mariners 
Insurance  Fund),  Hamburg, 
or  if  the  last  contribution 
was 
the 
paid 
Bundesversicherungsanstalt 
(Federal  Railways  Insurance 
Office),  Frankfurt  am Main:  Bundesversicherungsanstalt 

not 

to 

fiir  Angestellte 

(Federal 

Insurance  Office  for  Clerical Staff),  Berlin, 

574/72 -  52 

the 

if  a  contribution  was  paid 
Seekasse 
into 
der 
(Rentenversicherung 
Arbeiter 
der 
oder 
(Mariners' 
Angestellten) 
(Pension 
Insurance  Fund 
insurance 
for 
manual  workers  or  clerical 
staff)),  Hamburg: 

scheme 

Seekasse  (Mariners' Insurance  Fund), Hamburg, 

if  the  last  contribution  was 
paid  to  the  Bundesbahnver 
sicherungsanstalt 
(Federal 
Railways  Insurance  Office), 
Frankfurt  am Main: 

Bundesbahnversicherungsanstalt 
Insurance  Office),  Frankfurt  am Main; 

(Federal  Railways 

(iii)  if 

the 

last  contribution  under 
German  legislation  was  paid  into 
the  pension  insurance  scheme  for 
miners  or  if  the  qualifying  period 
required 
to  a 
miners'  pension  by  reason  of 
the 
reduced  ability 
miner 
of 
activity 
(Bergmannsrente) 
is 
deemed  to be, completed: 

for  entitlement 

to  pursue 

a 
is, 

or 

(c) 

In  the  event  of  a  change  of  country  of 
residence  after  benefits  have  been  awarded 
in  the  cases referred  to  in subparagraphs  (a) 
(i)  and  (b)  (i),  the  competent  institution 
shall  change  accordingly. 

Old-age insurance  for  farmers: 

4.  Complementary 
workers: 

insurance  for 

iron  and  steel 

5.  Accident 

insurance 

(accidents  at  work  and 

occupational  diseases): 

6.  Unemployment  and  family  benefits: 

Bundesknappschaft 
Miners), Bochum. 

(Federal 

Insurance  Fund 

for 

Landwirtschaftliche  Alterskasse 
Rheinhessen-Pfalz 
(Agricultural  Old-Age  Fund,  Rhine-Hesse-Palatinate), 
Speyer. 

Landesversicherungsanstalt  fiir  das  Saarland  (Regional 
Insurance  Office  of  the Saarland), Saarbriicken. 

The  institution  responsible  for  accident  insurance  for 
the  case concerned. 

Bundesanstalt  fiir  Arbeit  (Federal  Labour  Office), 
N ùrnber g. 

D.  SPAIN 

All  schemes,  with  the  exception  of  the  mariners' 
scheme: 

(a),  for  all  contingencies  with  the  exception  of 

unemployment: 

(b) 

for  unemployment: 

Mariners' scheme: 

For  non-contributory 
pensions: 

old-age 

and 

invalidity 

Direcciones  Provinciales  del  Instituto  National  de  la 
Seguridad  Social 
the 
National  Institute  of  Social Security); 

(Provincial  Directorates  of 

Direcciones  Provinciales  del  Instituto  National  de 
Empleo 
the  National 
Institution  of  Employment). 

(Provincial  Directorates  of 

Instituto  Social  de  la  Marina  (Social  Institute  for 
Mariners), Madrid. 

Instituto National de Servicios Sociales, (National Social 
Services Institute),  Madrid. 

574/72 -  53 

E.  FRANCE 

For  the  purposes  of  Articles  93  (1),  94  and  95  of 
the  implementing  Regulation: 

A. 

Scheme  for  employed  persons: 

(a)  general  scheme: 

(b) 

agricultural  scheme: 

(c)  miners'  scheme: 

(d)  mariners'  scheme: 

B. 

Scheme  for  self-employed  persons: 

(a) 

scheme  for  self-employed  persons  not 
engaged  in  agriculture: 

(b) 

agricultural  scheme: 

For  the  purposes  of  applying  Article  96  of  the 
implementing  Regulation: 

(a)  general  scheme: 

(b) 

agricultural  scheme: 

(c)  miners'  scheme: 

(d)  mariners'  scheme: 

The  other  competent  institutions  are  those  defined 
under  French  legislation,  namely: 

I.  METROPOLITAN  FRANCE 

A. 

Scheme  for  employed  person: 

(a) 

general  scheme: 

(i) 

sickness,  maternity, 
sickness, 
(grant): 

death 

(ii) 

invalidity: 

(aa)  in  general,  except  for 
Paris  and  the  Paris  re 
gion: 

for  Paris  and  the  Paris 
region: 

Caisse  nationale  de 
Sickness  Insurance  Fund),  Paris; 

l'assurance  maladie 

(National 

Caisse  centrale  de  secours  mutuels  agricoles  (Central 
Agricultural  Mutual  Benefit  Fund),  Paris; 

Caisse  autonome  nationale  de  sécurité  sociale  dans  les 
mines  (National  Independent  Social  Security  Fund  for 
Miners),  Paris; 

Établissement  national  des 
(National  Intitution  for  Disabled  Mariners),  Paris. 

invalides  de 

la  marine 

Caisse  nationale  d'assurance  maladie  et  maternité  des 
travailleurs  non  salariés  des  professions  non  agricoles, 
Saint-Denis  (National  Sickness  and  Maternity  Fund  for 
Self-Employed  Persons  not  Engaged 
in  Agriculture), 
Saint-Denis; 

Caisse  centrale  de  secours  mutuels  agricoles  (Central 
Agricultural  Mutual  Benefit  Fund),  Paris, 

Caisse 
centrale  des  mutuelles 
Agricultural  Mutual  Benefit  Fund), 

agricoles 

(Central 

Fédération  française  des  sociétés  d'assurances  (Ramex 
et  Gamex)  (French  Federation  of  Insurance  Societies), 

Fédération  national  de  la  mutualité  française  (National 
Federation  of  French  Mutual  Benefit  Associations). 

Caisse  nationale  de 
Sickness  Insurance  Fund),  Paris; 

l'assurance  maladie 

(National 

Caisse  de  mutualité  sociale  agricole  (Agricultural  Social 
Insurance  Mutual  Benefit  Fund); 

Caisse  autonome  nationale  de  sécurité  sociale  dans  les 
mines  (National  Independent  Social  Security  Fund  for 
Miners),  Paris; 

Établissement  national  des 
(National  Institute  for  Dsiabled  Mariners),  Paris. 

invalides  de 

la  marine 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund); 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund); 

Caisse  régionale  d'assurance  maladie  (Regional  Sickness 
Insurance  Fund),  Paris; 

574/72 -  54 

(bb)  special 

for 

scheme 

pro 
in  Articles 
vided 
L365  to  L382  of  the 
Social  Security  Code: 

(iii)  old-age: 

(aa)  as  a  general  rule,  ex 
cept  for  Paris  and  the 
Paris  region: 

for  Paris  and  the  Paris 
region: 

(bb)  special 

for 

scheme  pro 
in  Articles 
vided 
L365  to  L382  of  the 
Social  Security  Code: 

Caisse  régionale  d'assurance  maladie  (Regional  Sickness 
Insurance  Fund),  Strasbourg; 

Caisse  régionale  d'assurance  maladie  (branche  vieillesse) 
(Regional  Sickness  Insurance  Fund  (Old-Age  Section)); 

Caisse  nationale  d'assurance  vieillesse  des  travailleurs 
salariés 
for 
Employed  Persons),  Paris; 

(National  Old-Age 

Insurance  Fund 

Caisse 
Old-Age  Insurance  Fund),  Strasbourg, 

d'assurance 

régionale 

vieillesse 

(Regional 

Caisse  régionale  d'assurance  maladie  (Regional  Sickness 
Insurance  Fund),  Strasbourg; 

(iv)  accidents  at  work: 

(aa)  temporary  incapacity: 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund); 

(bb)  permanent  incapacity: 

—  pensions: 

—  accidents  occur 
ring  after  31 
D e c e m b er 
1946: 

—  accidents  occur 
ring  before  1 
January  1947: 

—  pension  increases: 

—  accidents  occur 
ring  after  31 
D e c e m b er 
1946: 

—  accidents  occur 
ring  before  1 
January  1947 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund), 

the  employer  or  the  insurer  acting  in  his  stead; 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund), 

Caisse  des  dépôts  et  consignations 
consignment  Office); 

(Deposit 

and 

574/72 -  55 

(v) 

family  benefits: 

(vi)  unemployment: 

— 

— 

registration  as  a 

for 
person  seeking  work: 

for  the  issue  of  forms 
E  301, E  302,  E  303: 

(b) 

agricultural  scheme: 

(i) 

sickness,  maternity,  death 
(grant),  family  benefits: 

(ii) 

and 

invalid ty 
insurance  and  benefits 
the  surviving  spouse: 

old-age 
for 

(iii)  accidents  at  work: 

(aa)  as  a  générale  rule: 

Caisse  d'allocations 
Fund); 

familiales 

(Family  Allowances 

local  employment  agency  in  the  place  of  residence  of 
the  person  concerned, 

Groupement  des  Assedic  de 
(GARP),  90,  rue  Baudin,  F  92537,  Levallois-Perret; 

region  parisienne 

la 

Caisse  de  mutualité  sociale  agricole  (Agricultural  Social 
Insurance  Mutual  Benefit  Fund); 

Caisse  centrale  de  secours  mutuels  agricoles  (Central 
Agricultural  Mutual  Benefit  Fund),  Paris; 

the  employer  of  the  insurer  acting  in  his  stead,  for 
accidents  occurring  before  1 July  1973, 

Caisse  de  mutualité  sociale  agricole  (Agricultural 
Social 
for 
accidents  occurring  after  30  June  1973; 

Insurance  Mutual  Benefit  Fund), 

(bb)  for  pension  increases:  —  Caisse  des  dépôts  et  consignations  (Deposit  and 
Consignment  Office),  Arceuil  (94),  for  accidents 
occurring  before  1 July  1973, 

Caisse  de  mutualité  sociale  agricole  (Agricultural 
Social 
for 
accidents  occurring  after  30  June  1973; 

Insurance  Mutual  Benefit  Fund), 

(iv)  unemployment: 

— 

registration  as  a 

for 
person  seeking  work: 

for  the  issue  of  forms 
E  301, E  302,  E  303: 

Local  employment  agency  in  the  place  of  residence  of 
the  person  concerned, 

Groupement  des  Assedic  de 
(GARP),  90,  rue  Baudin,  F-92537,  Levallois-Perret; 

région  parisienne 

la 

574/72 -  56 

(c)  miners'  scheme: 

(i) 

(ii) 

sickness,  maternity,  death 
(grant): 

invaldity, 
(pensions): 

old-age 

death 

(iii)  accidents  at  work: 

Société  de  secours  minière  (Miners'  Relief  Society), 

Caisse  autonome  nationale  de  sécurité  sociale  dans  les 
mines  (National  Independent  Social  Security  Fund  for 
Miners),  Paris; 

(aa)  temporary  incapacity: 

Société  des  secours  minière  (Miners'  Relief  Society); 

(bb)  permanent  incapacity: 

—  pensions: 

—  accidents  occur 
ring  after  31 
D e c e m b er 
1946: 

—  accidents  occur 
ring  before  1 
January  1947: 

—  pension  increases: 

—  accidents  occur 
ring  after  31 
D e c e m b er 
1946: 

Union 
(Regional  Union  of  Miners'  Relief  Societies), 

régionale  des  sociétés  de  secours  minières 

the  employer  or  the  insurer  acting  in  his  stead;. 

Union 
(Regional  Union  of  Miners'  Relief  Societies), 

régionale  des  sociétés  de  secours  minières 

574/72 -  57 

—  accidents  occur 
ring  before  1 
January  1947: 

(iv)  family  benefits: 

(v)  unemployment: 

— 

for  registration  as  a 
person seeking work: 

— 

for  the  issue  of  forms 
E  301, E 302, E 303: 

Caisse  des  dépôts  et  consignations  (Deposit  and 
Consignment  Office); 

Union  régionale  des  sociétés  de  secours  minières 
(Regional  Union  of Miners'; Relief  Societies); 

Local  employment  agency  in  the  place  of  residence  of 
the person  concerned, 

Agence  nationale  pour  l'emploi  (service  spécialisé  pour 
la  sécurité  sociale  des  travailleurs  migrants)  (National 
Employment  Agency  (Special  Department  Dealing with 
Social  Security  for  Migrant  Workers)),  9,  rue  Sextius 
Michel, F-75015 Paris; 

(d)  mariners' scheme: 

(i) 

sickness, 
maternity, 
invalidity,  accidents  at work, 
death  (grant)  and  pensions 
for  survivors  of  disabled 
persons  or  of  persons  who 
have  sustained  an  accident 
at work: 

(ii)  old-age, death  (pensions): 

(iii)  family  benefits: 

(iv)  unemployment: 

— 

for  registration  as  a 
person  seeking work: 

Section  'Caisse  générale  de  prévoyance  des  marins* du 
quartier  des  affaires  maritimes  (General  Welfare  Fund 
for  Mariners,  Department  of  the  Maritime  Affairs 
Division); 

Section  'Caisse  de  retraite  des  marins'  du  quartier  des 
affaires  maritimes (Mariners' Pension  Fund  Department 
of  the Maritime  Affairs  Division); 

(National  Family  Allowances  Fund 

Caisse  nationale  d'allocations  familiales  des  marins  du 
commerce 
for 
Mariners  in  the  Merchant  Navy),  or  Caisse  nationale 
d'allocations  familiales  de  le  pêche  maritime  (National 
Family  Allowances  Fund  for  the  Sea  Fishing  Industry), 
as appropriate; 

local employment  agency in the place  of  residence or in 
the  habitual  port  of  embarkation  of  the  Bureau  central 
de  la  main  d'oeuvre  maritime  (Central  Office  for 
Seafarers), 

— 

for  the  issue  of  forms 
D  301, E  302, E  303: 

Groupement  des  Assedic  de 
(GARP), 90, rue  Baudin,  F-92537,  Levallois-Perret. 

la  région  parisienne 

574/72 -  58 

B.  Scheme for self-employed  persons: 

(a) 

scheme  for  employed  persons  not 
engaged  in agriculture: 

(i) 

sickness, maternity: 

(ii)  old-age: 

(aa)  craftsmen's  scheme: 

Caisse  mutuelle  régionale  (Regional  Mutual  Benefit 
Fund); 

—  Caisse  nationale  de 

l'organisation  autonome 
d'assurance  vieillesse  des  travailleurs  non  salariés 
des  professions 
(Cancava)  Paris 
artisanales 
(National  Independent  Old-Age  Insurance  Fund 
for  Self-Employed  Persons in Craft  Occupations), 

—  Caisses 

de 

base 

interprofessionnelles 
inter-occupational Fund); 

professionnelles 

ou 
(Local  Occupational  or 

(bb)  manufacturers' 

and 

tradesmen's scheme: 

—  Caisse  nationale  de 

l'organisation  autonome 
d'assurance  vieillesse  des  travailleurs  non  salariés 
industrielles  et  commerciales 
des  professions 
(Organic) 
Independent  Old-Age 
Insurance  Fund  for  Self-Employed  Persons  in 
Manufacturing  or  Trading Occupations), 

(National 

—  Caisses 

de 

base 

interprofessionnelles 
Inter-occupational  Funds); 

professionnelles 

ou 
(Local  Occupational  or 

(cc)  scheme  for  the  profes 

sions: 

Caisse  nationale  d'assurance  vieillesse  des  professions 
libérales  (CNAVPL), sections professionnelles  (National 
Old-Age 
the 
Insurance  Fund 
Professions  — Professional  Branches); 

for  Members  of 

(dd)  lawyers' scheme: 

(b)  agricultural  scheme: 

(i) 

sickness,  maternity,  invalid 
ity: 

(ii)  old-age 
benefits 
spouse: 

insurance 

and 
the  surviving 

for 

(iii)  non-industrial 
accidents 
at  work 
occupational  diseases: 

accidents, 
and 

Caisse  nationale  des  barreaux 
(National  Fund for  Members of  the  French Bar); 

français 

(CNBF) 

Organisme assureur  habilité  auprès duquel  le  travailleur 
non salarié  agricole  est  affilié  (the  authorized  insurance 
body  with  which  the  self-employed  person  engaged  in 
agriculture  is insured); 

Caisse  de  mutualité  sociale  agricole  (Agricultural  Social 
Insurance  Mutual Benefit  Fund); 

Organisme  agréé  auprès  duquel  le  travailleur  non 
salarié  agricole est affilié  (the  appointed body with 
which 
in 
agriculture  is insured), 

the  self-employed  person  engaged 

Caisse  nationale  des  barreaux  français  (CNBF) 
(National  Fund  for  Members  of  the  French. Bar); 
For  the  departments  of  Moselle,  Bas-Rhin  and 
Haut-Rhin:  Caisse  d'assurance  accidents  agricoles 
(Agricultural Accidents Insurance  Fund). 

574/72  -  59 

II.  OVERSEAS  DEPARTMENTS 

A. 

for  employed  persons 

Scheme 
(all 
schemes  with  the  exception  of  the  min 
ers'  scheme  and  all  risks,  with  the  ex 
ception  of  family  benefits): 

(i) 

in  general: 

(ii) 

for  pension  increases  in  respect  of 
accidents  at  work  occurring 
in 
overseas  departments  before  1 
January  1952: 

B. 

Scheme  for  self-employed  persons: 

(i) 

sickness,  maternity: 

(ii)  old-age: 

craftmen's  scheme: 

manufacturers' 
men's  scheme: 

and 

trades-

scheme  for  the  professions: 

laywers'  scheme: 

C. 

Familv  benefits: 

D.  Mariners'  scheme: 

(i) 

all  risks,  except  old-age  and  family 
benefits: 

(ii)  old-age: 

(iii) 

family  benefits: 

Caisse  générale  de  sécurité  sociale  (General  Social 
Security  Fund); 

Direction 
départmentale 
(Departmental  Directorate  of  Registration). 

de 

l'enregistrement 

Caisse  mutuelle  régionale  (Regional  Mutual  Benefit 
Fund); 

Caisse  nationale  de  l'organisation  autonome  d'assurance 
vieillesse  des  travailleurs  non  salariés  des  professions 
artisanales  (Cancava)  (National  Independent  Old-Age 
Insurance  Fund  for  Self-Employed  Persons  in  Craft 
Occupations), 

Caisse 
interprofessionnelle  d'assurance  vieillesse  des 
industriels  et  commerçants  d'Algérie  et  d'ontre-mer 
(Cavicorg)  (Interprofessio.ial  Old-Age  Insurance  Fund 
for  Manufacturers 
and 
and  Traders 
Overseas), 

in  Algeria 

Caisse  nationale  d'assurance  vieillesse  des  professions 
libérales 
professionnelles 
(National  Old-Age  Insurance  Fund  for  Members  of  the 
Professions  —  Professional  Branches), 

(CNAVPL)  —  Sections 

Caisse 
(National  Fund  for  Members  of  the  French  Bar). 

des  barreaux 

nationale 

français 

(CNBF) 

Caisse 
Fund). 

d'allocations 

familiales 

(Family  Allowances 

Section  'Caisse  générale  de  prévoyance  des  marins'  du 
quartier  des  affaires  maritimes  (General  Welfare  Fund 
the  Maritime  Affairs 
for  Mariners,  Department  of 
Division); 

Section  'Caisse  de  retraite  des  marins'  du  quartier  des 
affaires  maritimes  (Mariners'  Pension  Fund  Department 
of  the  Maritime  Affairs  Division); 

Caisse  d'allocations 
Fund). 

familiales 

(Family  Allowances 

574/72  -  60 

j. 

Sickness  and  maternity: 

(i) 

as  a  general  rule: 

(ii) 

for  mariners: 

(iii)  agricultural  scheme: 

2. 

Invalidity,  old-age,  death  (pensions): 

(i) 

as  a  general  rule: 

(ii)  mariners'  scheme: 

(iii)  agricultural  scheme: 

3. 

Accidents  at  work,  occupational  diseases: 

(i) 

as  a  general  rule: 

(ii)  mariners'  scheme: 

(iii)  agricultural  scheme: 

4. 

Death  grants  (funeral  expenses): 

(i)  As  a  general  rule: 

(ii)  mariners'  scheme: 

(iii)  agricultural  scheme: 

5. 

Family  allowances: 

(i) 

employed 
undertakings  schemes: 

persons' 

scheme, 

including 

(ii)  general  scheme: 

(iii) 

for  mariners: 

6. 

Unemployment: 

(i) 

as  a  general  rule: 

F.  GREECE 

Iôçoiua  Koivuivixriw Aa()>aXiaeojv  (IKA),  AHrjva  (Social 
Insurance  Institute,  Athens),  or  the  insurance  body  with 
which  the  worker  is  or  was  insured; 

Oixoç  Ncarcou,  flEioaidç  (Seamen's  Home),  Piraeus; 

OQYaviouôç  recDOYixdrv  Aa<j>aXiaearv  (OTA),  AHrjva 
(National  Agricultural  Insurance  Institute,  Athens). 

'Iôpuua  Koivaivwûjv  Aa^KiXiaecw (IKA), AHrjva  (Social 
Insurance  Institute,  Athens)  or  the  insurance  body  with 
which  the  worker  is  or  was  insured; 

NcruTixô  Arcouctxixd 
(Mariners'  Retirement  Fund,  Piraeus); 

Tapeio 

(NAT), 

fleioaiâç 

Ogyaviouôc.  rEaiQYWJW  Ao<J>a*\ia£a>v  (OrA),  AHrjva 
(National  Agricultural  Insurance  Institute,  Athens). 

'Iôpviuct Koivorvixciiv Aa<|>aA.'o£(DV (IKA), AHrjva"  (Social 
Insurance  Institute,  Athens)  or  the  insurance  body  with 
which  the  worker  is  or  was  insured; 

Nomixo  Anoua/ixo 
(Mariners'  Retirement  Fund,  Piraeus); 

Taueio 

(NAT), 

neioaidç 

OeYav,-auoÇ  reiDQYixcbv  Ao4>a>kicE03v,  AHrjva  (National 
Agricultural  Insurance  Institute,  Athens). 

'Ioc/iiua  Koivujvixuyv  Aa^aXioetov  (IKA),  AHrjva  (Social 
Insurance  Institute,  Athens),  or  the  insurance  body  with 
which  the  worker  is  or  was  insured; 

Oixoç  NaÛTou, TiEioaiàç  (Seamen's  Home,  Piraeus); 

OQ7a v i o u°Ç  rEa)oyix(ôv  Ao^aXioEoiv  (OrA),  AHrjva 
(National  Agricultural  Insurance  Institute,  Athens). 

OoYa v i a u°Ç  ATOcrxoXrjOEtoç.  Egyaxixou  Auvauixoû 
(OAEA),  AHrjva  (Labour  Employment  Office,  Athens); 

OQYaviouôç  rEcogyixùrv  Ao<J>a"uaEarv  (OrA),  AHrjva 
(National  Agricultural  Insurance  Institute,  Athens); 

Eotia  Natmxurv  (Seamen's  home,  Piraeus). 

Ofryaviouoc  AnaoxoîvrjoEU)ç  Eç/Yaxixoû  Auvapixou 
(OAEA),  AHrjva  (Labour  Employment  Office,  Athens); 

(ii)  mariners'  scheme: 

Oixoç  Naircoi),  riEioaiàç  (Seaman's  Home,  Piraeus); 

(iii)  newspaper 

industry 

employees' 

scheme, 

administered  by: 

1. 

2. 

TOUEIO  Aa<j>aXîaEa)ç  EoyaTÛv  TYJJTOU,  AHrjva 
(Insurance  Fund  for  Press  Employees,  Athens); 

TauEio  Zuvxà|EO)ç  n.Qoaa)jnxoû  EtJwipEQiôarv 
AHnvcav  —  OEaoaXovixnç,  AHrjva  (Pension  Fund 
for  Press  Employees 
in  Athens  and  Salonika, 
Athens). 

Benefits  in  kind: 

—  Eastern  Health  Board,  Dublin  8, 

G. 

IRELAND 

—  Midland  Health  Board,  Tullamore,  County  Offaly, 

574/72 -  61 

—  Mid-Western  Health  Board,  Limerick, 

—  North-Eastern  Health  Board,  Ceanannus  Mor, 

County Meath, 

—  North-Western  Health  Board,  Manorhamilton, 

County Leitrim, 

—  South-Eastern  Health Board, Kilkenny, 

—  Southern Health  Board,  Cork, 

—  Western  Health  Board, Galway. 

Department  of  Social  Welfare,  Dublin,  including  the 
provincial  offices 
unemployment 
responsible 
benefits; 

for 

Department  of Social Welfare,  Pensions Services  Office, 
Sligo; 

Department  of Social Welfare,  Child Benefit  Section, St 
Oliver Plunkett  Road, Letterkenny,  Co. Donegal; 

2.  Cash  benefits: 

(a)  Unemployment  benefits: 

(b)  Old-age  and  death  (pensions): 

(c)  Family  benefits: 

(d)  Other  cash  benefits; 

Department  of Social Welfare, Dublin. 

Sickness  (including  tuberculosis)  and  maternity: 

H.  ITALY 

A.  Employed persons: 

(a)  benefits  in kind: 

(0 

in general: 

(") 

for  certain  categories  of  civil 
servants,  of  persons  employed  in 
the  private  sector  and  persons 
treated  as  such,  for  pensioners 
and  members of  their  families: 

(iii)  for  mariners  and  civil aircrew: 

(b) 

Cash  benefits: 

(i) 

in general: 

(ii) 

for  mariners  and civil aircrew: 

Unità  sanitaria  locale  (the  competent  local  health  unit 
with which the person  concerned  is registered), 

Ministero délia saru'tà  (Ministry  of  Health), Roma, 

Ministero délia sanità  (Ministry  of  Health),  the  relevant 
area  health  office  for 
the  merchant  navy  or  civil 
aviation; 

Istituto  nazionale  délia  previdenza  sociale  (National 
Social Welfare  Institution), provincial  offices, 

Cassa  marittiraa  (the  maritime  fund  with  which  the 
person  concerned  is registered);-

574/72  -  62 

(c) 

certificates  for  periods  of  insurance: 

(i) 

in  general: 

(ii) 

for  mariners  and  civil  aircrew: 

B. 

Self-employed  persons: 

Benefits  in  kind: 

in  general: 

Accidents  at  work  and  occupational  diseases: 

A 

Employed  persons: 

(a)  benefits  in  kind: 

(i) 

in  general: 

(ii) 

for  mariners  and  civil  aircrew: 

(b)  prostheses  and  major  appliances,  medi 
co-legal  benefits  and  related  examina 
tions  and  certificates: 

(i) 

in  general: 

(ii) 

for  mariners  and  civil  aircrew: 

(c)  Cash  benefits: 

(i) 

in  general: 

» 

Istituto  nazionale  de  la  previdenza  sociale  (National 
Social  Welfare  Institution),  provincial  offices, 

Cassa  marittima  (the  maritime  fund  with  which 
person  concerned  is  registered). 

the 

Unite  sanitaria  locale  (the  competent  local  health  unit 
with  which  the  person  concerned  is  registered). 

Unité  sanitaria  locale  (the  competent  local  health  unit 
with  which  the  person  concerned  is  registered), 

Ministero  della  sanità  (Ministry  of  Health),  the  relevant 
area  health  office  of  the  merchant  navy  or  civil  aviation; 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accidents  at  Work),  provincial  offices, 

Cassa  marittima  (the  maritime  fund  with  which 
person  concerned  is  registered); 

the 

Istituto  nazionale  per 
gli 
infortuni  sul  lavoro  (National  Institution  for  Insurance 
against  Accidents  at  Work),  provincial  offices, 

l'assicuraziione 

contro 

(ii) 

for  mariners  and  civil  aircrew: 

Cassa  marittima  (the  maritime  fund  with  which 
person  concerned  is  registered), 

the 

(iii)  also  for  agricultural  and  forestry 

workers,  if  required: 

Ente  nazionale  di  previdenza  e  assistenza  per  gli 
impiegati  agricoli  (National  Welfare  and  Assistance 
Office  for  Agricultural  Workers). 

B. 

Self-employed 
radiologists  only): 

persons 

(for 

medical 

(a)  benefits  in  kind: 

(b)  prostheses 

and  major 
benefits 

appliances, 
related 

medico-legal 
and 
examinations  and  certificates: 

(c) 

cash  benefits: 

Unità  sanitaria  locale  (the  competent  local  health  unit 
with  which  the  person  concerned  is  registered); 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accidents  at  Work),  provincial  offices; 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance~âgainst 
Accidents  at  Work),  provincial  offices. 

574/72 -  63 

3. 

Invalidity,  old-age,  survivors'  (pensions): 

A 

Employed  persons: 

(a) 

in  general: 

(b) 

for  workers  in  the  entertainment  busi 
ness: 

(c) 

for  supervisory  staff  in  industrial  under 
takings: 

(d) 

for  journalists: 

B. 

Self-employed  persons: 

(a) 

for  medical  practitioners: 

(b) 

for  pharmacists: 

(c) 

for  veterinarians: 

(d) 

for  midwives: 

(e) 

fcr  engineers  and  architects: 

(f) 

for  surveyors: 

(g) 

for  solicitors  and  barristers: 

(h) 

for  economists: 

(i) 

for  accountants: 

(j) 

for  employment  experts: 

(k) 

for  notaries: 

(1) 

for  customs  agents: 

Istituto  nazionale  della  previdenza  sociale 
Social  Welfare  Institution),  provincial  offices; 

(National 

i 
Ente  nazionale  di  previdenza  e  assistenza  per 
lavoratori  dello  spettacolo 
and 
Assistance  Office  for  Workers  in  the  Entertainment 
business),  Roma; 

(National  Welfare 

Istituto  nazionale  di  previdenza  per 
aziende 
industriali  (National  Welfare 
Supervisory  Staff  in  Industry),  Roma; 

i  dirigenti  di 
for 
Institution 

Istituto  nazionale  die  previdenza  per  i  giornalisti  italiani 
'G.  Amendola' 
(G.  Amendola  National  Welfare 
Institution  for  Italian  Journalists),  Roma. 

Ente  nazionale  di  previdenza  ed  assistenza  medica 
(National  Welfare  and  Assistance  Office  for  Medical 
Practitioners); 

Ente  nazionale  di  previdenza  ed  assistenza  farmacisti 
(National  Welfare 
for 
Pharmacists); 

and  Assistance  Office 

Ente  nazionale  di  previdenza  ed  assistenza  veterinari 
for 
(National  Welfare 
Veterinarians); 

and  Assistance  Office 

Ente  nazionale  die  previdenza  ed  assistanza  per 
le 
osietriche  (National  Welfare  and  Assistance  Office  for 
Midwives); 

Cassa  nazionale  di  previdenza  per  gli  ingegneri  ed 
architetti  (National  Welfare  Fund  for  Engineers  and 
Architects); 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
geometri  (National  Welfare  and  Assistance  Fund  for 
Surveyors); 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore 
degli  awocati  e  dei  procuratori  (National  Welfare  and 
Assistance  Fund  for  Solicitors  and  Barristers); 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
dottori  commercialisti  (National  Welfare  and  Assistance 
Fund  for  Economists); 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
ragionieri  e  periti  commerciali  (National  Welfare  and 
Assistance  Fund  for  Accountants); 

Ente  nazionale  di  previdenza  ed  assistenza  per 
i 
consulenti  del  lavoro  (National  Welfare  and  Assisance 
Office  for  Employment  Experts); 

Cassa  nazionale  notariato  (National  Fund  for  Notaries); 

Fondo  di  previdenza  a 
doganali  (Welfare  Fund  for  Customs  Agents). 

favore  degli 

spedizionieri 

4. 

Death  grants: 

Istituto  nazionale  della  previdenza  sociale 
Social  Welfare  Institution),  provincial  offices. 

(National 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accidents  at  Work),  provincial  offices. 

Cassa  marittima  (the  maritime  fund  with  which 
person  concerned  is  registered). 

the 

574/72  -  64 

5. 

Unemployment  (for  employed  persons): 

(a) 

in  general: 

(b) 

for  journalists: 

6. 

Family  allowances  (for  employed  persons): 

(a) 

in  general: 

(b) 

for  journalists: 

Istituto  nazionale  della  previdenza  sociale 
Social  Welfare  Institution),  provincial  offices; 

(National 

Istituto  nazionale  di  previdenza  per  i  giornalisti  italiani 
'G.  Amendola' 
(G.  Amendola  National  Welfare 
Instituton  for  Italian  Journalists),  Roma. 

Istituto  nazionale  della  previdenza  sociale 
Social  Welfare  Institution),  provincial  offices; 

(National 

Istituto  nazionale  di  previdenza  per  i  giornalisti  italiani 
'G.  Amendola' 
(G.  Amendola  National  Welfare 
Institution  fiir  Italian  Journalists),  Roma. 

Sickness  and  maternity: 

(a)  Benefits  in  kind: 

(b)  Cash  benefits: 

Invalidity,  old-age,  death  (pensions): 

(a) 

for  manual  workers: 

I. LUXEMBOURG 

Caisse  de  maladie  compétente  et/ou  union  des  caisses 
de  maladie  (competent  sidcness fund  and/or  the  sickness 
funds'  association); 

Caisse  de  maladie  compétente  (the  competent  sickness 
fund). 

Établissement 
l'invalidité,  Luxembourg 
Insurance  Institution),  Luxembourg; 

contre 
(Old-Age 

d'assurance 

la  vieillesse 

et 
Invalidity 

and 

(b) 

for  clerical  staff  and  self-employed  members 
of  the  professions: 

(c) 

for  self-employed  person  engaged  in  a  craft 
industry,  in  trading  or  in  manufacture: 

(d) 

self-employed 

for 
agriculture: 

persons 

engaged 

in 

Accidents  at  work  and  occupational  diseases: 

(a) 

for  employed  and  self-employed  persons 
engaged  in  agriculture  or  forestry: 

(b) 

for  all  other  cases  of 
compulsory  or  optional  basis: 

insurance 

Caisse  de  pension  des  employés  privés,  Luxembourg 
(Pension  Fund  for  Clerical  Staff  in  the  Private  Sector), 
Luxembourg; 

Caisse  de  pension  des  artisans,  des  commerçants  et  des 
industriels,  Luxembourg  (Pension  Fund  for  Craftsmen, 
Tradesmen  and  Manufacturers),  Luxembourg; 

Caisse  de  pension  agricole,  Luxembourg  (Agricultural 
Pension  Fund),  Luxembourg. 

Association  d'assurance  contre 
les  accidents,  section 
agricole  et  forestière,  Luxembourg  (Accident  Insurance 
Association,  Agricultural  and  Forestry  Department), 
Luxembourg; 

Association  d'assurance  contre 
industrielle, 
Association,  Industrial  Department),  Luxembourg. 

les  accidents,  section 
Insurance 

Luxembourg 

(Accident 

4. 

Unemployment: 

5. 

Family  benefits: 

6. 

Death  grants: 

Administration 
Luxembourg. 

de 

l'emploi 

(Employment  —Office), 

Caisse  nationale  des  prestations  familiales 
Family  Benefits  Fund),  Luxembourg. 

(National 

For  the  purpose  of  implementing  Article  66  of  the 
Regulation: 

Union  des  caisses  de  maladie 
association),  Luxembourg. 

(the  sickness 

funds' 

574/72 -  65 

J.  NETHERLANDS 

Sickness  and  maternity: 

(a)  benefits  in  kind: 

(b) 

cash  benefits: 

Invalidity: 

(a)  where,  even  without  applying  the  Regulation, 
the  right  to  benefit  exists  under  Netherlands 
legislation  alone: 

(i) 

for  employed  persons: 

(ii) 

for  self-employed  persons: 

(b)  other  cases: 

— 

for  employed  and  self-employed  per 
sons: 

Old-age,  death  (pensions): 

(a)  general  scheme: 

(b) 

for  miners: 

Unemployment 

Family  benefits: 

Ziekenfonds  (Sickness  Fund)  with  which  the  person 
concerned  is  insured; 

Bedrifjsvereniging  (Professional  and  Trade  Association) 
with  which  the  insured  person's  employer  is  insured. 

Bedrijfsvereniging  (Professional  and  Trade  Association) 
with  which  the  insured  person's  employer  is  insured, 

Bedrijfsvereniging  (Professional  and  Trade  Association) 
with  which  the  insured  person  would  be  insured  if  he 
had  personnel  in  his  employ; 

Nieuwe  Algemene  Bedrijfsvereniging 
Profession  and  Trade  Association),  Amsterdam. 

(New  -General 

Sociale  Verzekeringsbank 
(Social 
Postbus  1100,  1180  BH  Amstelveen; 

Insurance  Bank), 

Algemeen  Mijnwerkersfonds  (Miners'  General  Fund), 
Heerlen. 

Bedrijfsvreniging  (Professional  and  Trade  Association) 

with  which  the  insured  person's  employer  is  insured. 

(a)  where  the  person  entitled  to  benefits  resides 

in  the  Netherlands: 

Districtskantoor  van  de  Sociale  Verzekeringsbank  (the 
local  office  of  the  Social  Insurance  Bank)  in  whose 
district  he  resides; 

(b)  where  the  person  entitled  to  benefits  resides 
the  Netherlands,  but  his  employer 

outside 
resides  or  is  established  in  the  Netherlands:  Districtskantoor  van  de  Sociale  Verzekeringsbank  (the 
local  office  of  the  Social  Insurance  Bank)  in  whose 
district  the  employer  resides  or  is  established; 

(c) 

other  cases: 

(Social 
Sociale  Verzekeringsbank 
Postbus  1100,  1180  BH  Amstelveen. 

Insurance  Bank), 

Occupational  diseases  to  which  the  provisions  of 
Article  57  (5)  of  the  Regulation  apply: 

for  the  purposes  of  applying  Article  57  (5)  of  the 
Regulation: 

(a)  where  the  benefit  is  awarded  from  a  date 

prior  to  1 July  1967: 

(b)  where  the  benefit  is  granted  with  effect  from 

a  date  after  30  June  1967: 

Sociale  Verzekeringsbank 
(Social 
Postbus  1100,  1180  BH  Amstelveen; 

Insurance  Bank), 

— 

Nieuwe  Algemene  Bedrijfsvereniging 
Professional  and  Trade  Association),  Amsterdam. 

(New  General 

574/72  -  66 

K.  AUSTRIA 

The  competence  of  the  Austrian  institutions  shall  be 
governed  by  the  provisions  of  Austrian 
legislation, 
unless  otherwise  specified  hereinafter: 

1. 

Sickness  insurance: 

(a)  Where  the  person  concerned  is  resident  in 
the  territory  of  another  Member  State  and  a 
for 
Gebietskrankenkasse 
Sickness  Insurance) 
for  an 
insurance  and  under  Austrian  legislation  the 
local  competence  cannot  be  decided  the  local 
competence  shall  be  determined  as  follows: 

(Regional  Fund 
is  competent 

—  Gebietskrankenkasse  (Regional  Fund  for  Sickness 
Insurance)  competent  for  the  last  employment  in 
Austria,  or 

—  Gebietskrankenkasse  (Regional  Fund  for  Sickness 
Insurance)  competent  for  the  last  residence  in 
Austria,  or 

— 

if  there  has  never  been  an  employment  for  which 
a  Gebietskrankenkass  (Regional  Fund  for  Sickness 
Insurance)  was  competent  or  there  has  never  been 
a 
"Wiener 
Gebietskrankenkasse  (Regional  Fund  for  Sickness 
Insurance  of  Vienna),  Wien. 

residence 

Austria, 

the 

in 

(b)  For  the  purpose  of  applying  Section  5  of 
Chapter  1  of  Part  III  of  the  Regulation  in 
connection  with  Article 
the 
implementing  Regulation  in  relation  to  the 
to 
refund  of 
persons  entitled 
the 
Federal  Act  of  9  September  1955  on  General 
Social  Iasurance  (ASVG): 

for  benefits 
to  a  pension  under 

the  expenses 

95 

of 

Pension  insurance: 

(a) 

In  determining  the  institution  responsible  for 
paying  a  benefit  only 
insurance  periods 
under  the  Austrian  legislation  shall  be  taken 
into  consideration. 

(b)  For  application  of  Article  45  (6)  of 

the 
if  no  contribution  period  has 

Regulation, 
been  completed  under  Austrian  legislation: 

Unemployment  insurance: 

(a)  For  the  announcement  of  being  unemployed: 

(b)  For  the  issue  of  Forms  Nos  E 301, E 302  and 

E 303: 

Family  benefits: 

(a)  Family  benefits  with 
Karenzurlaubsgeld 
allowance): 

the 
(special 

exception  of 
maternity 

(b)  Karenzurlaubsgeld 
allowance) 

(special 

maternity 

Hauptverband  der  ôsterreichischen  Sozialversicherung-
stràger  (Main  Association  of  Austrian  Social  Insurance 
Institutions),  Wien,  it  being  understood  that  the  refund 
of  the  expenses  shall  be  made  from  contributions  for 
sickness  insurance  of  the  pensioners  received  by  the 
said  Main  Association. 

Pensionsversicherungsanstalt 
(Employed  Persons'  Pension 
Vienna. 

der 

Insurance 

Angestellten 
Institution), 

Régionale  Geschàftsstellen 
des  Arbeitsmarktservice 
(Local  Office  of  the  Labour  Market  Service)  competent 
for  the  place  of  residence  or  place  of  stay  of  the  person 
concerned; 

Régionale  Geschàftsstellen 
des  Arbeitsmarktservice 
(Local  Office  of  the  Labour  Market  Service)  competent 
for  the  place  of  employment  of  the  person  concerned. 

Finanzamt  (Finance  Office): 

des  Arbeitsmarktservice 
Régionale  Geschàftsstellen 
(Local  Office  of  the  Labour  Market  Service)  competent 
for  the  place  of  residence  or  place  of  stay  of  the  person 
concerned. 

574/72  -  67 

L.  PORTUGAL 

I.  Mainland 

1. 

Sickness,  maternity  and  family  benefits: 

2. 

Invalidity,  old  age  and  death: 

3. 

Accidents  at  work  and  occupational  diseases: 

4. 

Unemployment  benefits: 

(a) 

reception  of  the  application  and  verifi 
cation  of  the  employment  situation  (e.g. 
confirmation  of  the  periods  of  employ 
ment,  classification  of  unemployment, 
checks  on  the  situation): 

(b)  grant  and  payment  of  unemployment 
benefits  (e.g.  verification  of  the  condi 
tions  for  eligibility  to  benefits,  fixing 
the  amount  and  duration,  checks  on  the 
situation  for  maintaining,  suspending  or 
terminating  payment): 

5. 

Benefits 
security  scheme: 

from 

a  non-contributory 

social 

II.  Autonomous  region  of  Madeira 

1. 

Sickness,  maternity  and  family  benefits: 

2. 

(a) 

Invalidity,  old  age  and  death: 

(b) 

invalidity,  old  age  and  death  under  the 
special  social  security  scheme  for  agri 
cultural  workers: 

Accidents  at  work  and  occupational  diseases: 

Unemployment  benefits: 

(a) 

reception  of  the  application  and  verifi 
cation  of  the  employment  situation  (e.g. 
confirmation  of  the  periods  of  employ 
ment,  classification  of  unemployment, 
checks  on  the  situation): 

(b)  grant  and  payment  of  unemployment 
benefits  (e.g.  verification  of  the  condi 
tions  for  eligibility  to  benefits,  fixing 
the  amount  and  duration,  checks  on  tne 
situation  for  maintaining,  suspending  or 
terminating  payment): 

Benefits 
security  scheme: 

from 

a  non-contributory 

social 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security)  to  which  the  person  concerned  is 
affiliated. 

Centro  National  de  Pensées  (National  Pensions  Centre), 
Lisboa,  and  Centro  Regional  de  Segurança  Social 
(Regional  Centre  of  Social  Security) 
the 
person  concerned  is  affiliated. 

to  which 

Caixa  National  de  Seguros  de  Doenças  Profissionais 
(National  Insurance  Fund  for  occupational  diseases), 
Lisboa. 

Centro  de  Emprego  (Employment  Centre)  where  the 
person  concerned  resides; 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security)  where  the  person  concerned  resides. 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security)  where  the  person  concerned  resides. 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal; 

(Regional 

Diiecçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

Caixa  National  de  Seguros  de  Doenças  Profissionais 
(National  Insurance  Fund  for  occupational  diseases), 
Lisboa. 

Direcçâo  Regional  de  Emprego  (Regional  Directorate 
of  Employment),  Funchal; 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

574/72  -  68 

IIL  Autonomous  region  of  the  Azores 

1. 

Sickness,  maternity  and  family  benefits: 

2. 

(a) 

Invalidity,  old  age  and  death: 

(b) 

invalidity,  old  age  and  death  under  the 
special  social  security  scheme  for  agri 
cultural  workers: 

3.  Accidents  at  work  and  occupational  diseases: 

4. 

Unemployment  benefits: 

(a) 

reception  of  the  application  and  verifi 
cation  of  the  employment  situation  (e.g. 
confirmation  of  the  periods  of  employ 
ment,  classification  of  unemployment, 
checks  on  the  situation): 

(b)  grant  and  payment  of  unemployment 
benefits  (e.g.  verification  of  the  condi 
tions  for  eligibility  to  benefits,  fixing 
the  amount  and  duration,  checks  on  the 
situation  for  maintaining,  suspending  or 
terminating  payment): 

5. 

Benefits 
security  scheme: 

from 

a  non-contributory 

social 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Sotial  Security),  Angra  do  Heroismo. 

(Regional 

Direcçâo  Regional  de  Segurança  Sotial 
Directorate  of  Social  Security),  Angra  do  Heroismo; 

(Regional 

Direcçâo  Regional  de  Segurança  Sotial 
Directorate  of  Sotial  Security),  Angra  do  Heroismo. 

(Regional 

Caixa  Nacional  de  Seguros  de  Doenças  Profissionais 
(National  Insurance  Fund  for  occupational  diseases), 
Lisboa. 

Centro  de  Emprego  (Employment  Centre)  where  the 
person  concerned  resides; 

Centro  de  Prestaçpes  Pecuniârias  da  Segurança  Social 
to 
(Centre  for  cash  benefits  of  the  Social  Security) 
which  the  person  concerned  is  affiliated. 

Direcçâo  Regional  de  Segurança  Sotial 
Directorate  of  Social  Security),  Angra  do  Heroismo. 

(Regional 

M.  FINLAND 

1. 

Sickness  and  maternity: 

(a)  Cash  benefits: 

(b)  Benefits  in  kind: 

(i) 

refunds  under  sickness  insurance: 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki,  or 

Insur 

the  employment  fund  with  which  the  person  concerned 
is  insured; 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki,  or 

Insur 

the  employment  fund  with  which  the  person  concerned 
is  insured; 

(ii)  public  health  and  hospital  service: 

the  local  units which  provide  services  under  the  scheme. 

2.  Old-age,  invalidity,  death  (pensions): 

(a)  National  pensions 

(b)  Employment  pensions 

Kansanelakelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki,  or 

— 

Insur 

the  employment  pension  institution  which  grants  and 
pays  the  pensions. 

574/72  -  69 

3. 

Accidents  at  work,  occupational  diseases: 

4. 

Death  grants: 

5. 

Unemployment: 

(a)  Basic  scheme: 

the  insurance  institution  which  is  responsible  for 
accident  insurance  of  the  person  concerned. 

the 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki,  or 

Insur 

the  insurance  institution  which  is  responsible  for  paying 
the  benefits  in  case  of  accident  insurance. 

Kansanelâkelaitos/Folkpensionsanstalten  (Social  Insur 
ance  Institution),  Helsinki;  or 

(b)  Earnings-related  scheme: 

the  competent  unemployment  fund. 

6. 

Family  benefits 

Kansanelàkelaitos/Folkpensionsanstalten  (Social  Insur 
ance  Institution),  Helsinki. 

N.  SWEDEN 

1. 

For 
all 
benefits: 

contingencies 

except 

unemployment 

(a) 

as  a  general  rule: 

(b)  For  mariners  not  resident  in  Sweden: 

(c)  For  the  purpose  of  applying  Articles  35  to  59 
of  the  implementing  Regulation  for  persons 
not  resident  in  Sweden: 

(d)  For  the  purpose  of  applying  Articles  60  to  77 
of  the  implementing  Regulation  for  persons, 
with  the  exception  of  mariners  not  resident 
in  Sweden: 

the  sotial 
concerned  is  insured. 

insurance  office  with  which 

the.  person 

Gôteborgs  allmànna  fôrsâkringskassa,  Sjôfartskontoret 
(Social 
Insurance  Office  of  Gothenburg,  Mariners' 
Section). 

Stockholms 
utlandsavdelningen 
(Social 
Stockholm,  Foreign  Division). 

làns 

allmànna 

Insurance  Office 

fôrsâkringskassa, 
of 

— 

— 

the  social  insurance  office  of  the  place  where  the 
accident  at  work  or 
the  occupational  disease 
occurred  or  appeared,  or 

làns 
Stockholms 
utlandsavdelningen 
Stockholm,  Foreign  Division). 

allmànna 
(Social 

fôrsâkringskassa, 
Insurance  Office  of 

For  unemployment  benefits: 

Arbetsmarknadsstyrelsen 
Board). 

(National  Labour  Market 

Benefits  in  kind: 

O.  UNITED  KINGDOM 

—  Great  Britain  and  Northern  Ireland: 

authorities  which  grant  National  Health  Service  benefits, 

—  Gibraltar: 

Cash  benefits: 

—  Great  Britain: 

—  Northern  Ireland: 

Gibraltar  Health  Authority. 

Department  of  Social  Security,  London, 

— 

Department  of  Health  and  Social  Services  for  Northern 
Ireland,  Belfast, 

—  Gibraltar: 

Department  of  Labour  and  Sotial  Security,  Gibraltar. 

574/72 -  70 

ANNEX3 

(A) (B) (2) (3) (7) (9) (12) (13) (14) (15) 

INSTITUTIONS  OF THE PLACE OF RESIDENCE AND INSTITUTIONS  OF THE PLACE OF STAY 

(Article  1 (p) of  the Regulation  and Article  4 (3) of  the  implementing  Regulation) 

A.  BELGRJM 

I. 

INSTITUTIONS  OF  THE  PLACE  OF  RESI 
DENCE 

1. 

Sickness and maternity: 

(a)  For  the  purpose  of  applying  Articles 
17,  18, 22, 25, 28, 29, 30 and  32 of  the 
implementing  Regulation: 

(i) 

in general: 

the insurance bodies; 

(ii) 

for  persons  covered  by 
the 
overseas  social insurance  scheme: 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel 
(Overseas Social  Insurance  Office,  Brussels); 

(iii)  for 

former  employees  of 

Belgian 
Rwanda-Urundi: 

Congo 

the 
and 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel 
(Overseas Social  Insurance  Office,  Brussels); 

(b) 

for  the  purposes  of  applying Article 31 
of  the implementing  Regulation: 

(i) 

in general: 

(ii) 

for  mariners: 

(iii)  for  persons  covered  by 

the 
overseas sotial  insurance  scheme: 

the insurance bodies; 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  — Hulp-  en  voorzorgskas  voor  zeevarenden  — 
(Relief  and Welfare  Fund for  Mariners), Antwerpen, 

the insurance bodies; 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas Social Insurance  Office,  Brussels); 

(iv)  for 

former  employees  of 

Belgian 
Rwanda-Urundi: 

Congo 

the 
and 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas Social  Insurance  Office,  Brussels). 

Invalidity: 

(a)  general 

invalidity 

(manual  workers, 
clerical  staff,  miners)  and  invalidity  of 
self-employed  persons: 

for  the  purposes  of  applying  Article 
105 of  the  implementing  Regulation: 

d'assurance  maladie-invalidité, 
national 
Institut 
Bruxelles  —  Rijksinstituut 
en 
invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institute,  Brussels)  together 
with  the insurance bodies; 

ziekte- 

voor 

d'assurance  maladie-invalidité, 
Institut 
national 
Bruxelles  —  Rijksinstituut 
en 
invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and Invalidity Insurance  Institute, Brussels); 

ziekte- 

voor 

(b)  special  invalidity scheme  for  miners: 

(c)  mariners'  invalidity  scheme: 

retraite  des  ouvriers-mineurs, 
Fonds  national  de 
Bruxelles — Nationaal  Pensioenfonds  voor  raijnwerkers, 
Brussel  —  (National  Pension  Fund 
for  Miners, 
Brussels); 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  — Hulp-  en  voorzorgskas  voor  zeevarenden  — 
(Relief  and Welfare  Fund  for  Mariners),  Antwerpen; 

574/72 -  71 

(d) 

invalidity  of  persons  covered  by 
overseas  sotial  insurance  scheme: 

the 

(e) 

invalidity  of  former  employees  of  the 
Belgian  Congo  and  Rwanda-Urundi: 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

Office  de  sécurité  sociale  d'outre-raer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

3.  Old-age,  death  (pensions) 

(a) 

general 
clerical  staff,  miners  and  mariners): 

(manual  workers, 

scheme 

(b)  non-salaried  persons  scheme: 

(c) 

overseas  social  insurance  scheme: 

(d) 

scheme  for  former  employees  of  the 
Belgian  Congo  and  Rwanda-Urundi: 

Office  national  des  pensions,  Bruxelles  —  Rijksdienst 
voor  pensioenen,  Brussel  —  (National  Pension  Office, 
Brussels); 

Institut  national  d'assurances  sociales  pour  travailleurs 
indépendants,  Bruxelles  —  Rijksinstituut  voor  de  sociale 
verzekeringen  der  zelfstandigen,  Brussel  —  (National 
Social  Insurance  Institute  for  Self-Employed  Persons, 
Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

4.  Accidents  at  work  (benefits  in  kind): 

the  insurance  bodies; 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

5.  Occupational  diseases: 

6.  Death  grants: 

(i) 

in  general: 

(ii) 

for  persons  covered  by  the  overseas 
social  insurance  scheme: 

(iii)  for  former  employees  of  the  Belgian 

Congo  and  Rwanda-Urundi: 

7. 

Unemployment: 

(a) 

in  general 

(b) 

for  mariners: 

8. 

Family  benefiis: 

(a)  employed  persons: 

(b) 

self-employed  persons: 

Fonds 
(Occupational  Diseases  Fund,  Brussels); 

des  maladies 

professionelles, 

Bruxelles 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

The  insurance  bodies,  together  with  the  Institut  national 
d'assurance 
— 
Bruxelles 
Rijksinstituut  voor  Ziekteen 
Invaliditeitsverzekering, 
Brussel  —  (National  Sickness  and  Invalidity  Insurance 
Institute,  Brussels); 

maladie-invalidité, 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

Office  national  de  l'emploi,  Bruxelles  —  Rijksdienst 
voor 
(National 
Employment  Office,  Brussels); 

arbeidsvoorziening, 

Brussel  — 

Pool  des  marins  de  la  marine  marchande  —  Pool  van 
de  zeelieden  ter  koopvardij  —  (Merchant  Navy  Pool), 
Antwerpen. 

des 

national 

allocations 

Office 
travailleurs 
kinderbijslag  voor  werknemers,  Brussel  — 
Family  Allowances  Office 
Brussels); 

pour 
salariés,  Bruxelles  —  Rijksdienst  voor 
(National 
for  Employed  Persons, 

familiales 

Institut  national  d'assurances  sociales  pour  travailleurs 
indépendants,  Bruxelles  —  Rijksinstituut  voor  de  sociale 
verzekeringen  der  zelfstandigen,  Brussel  —  (National 
Social  Insurance  Institute  for  Self-Employed  Persons, 
Brussels); 

574/72 -  72 

(c) 

for  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel 
(Overseas  Social  Insurance  Office,  Brussels). 

II. 

INSTITUTIONS  OF  THE  PLACE  OF  STAY 

1. 

Sickness,  maternity: 

national 

d'assurance 
Rijksinstituut 

maladie-invalidité, 
Institut 
Bruxelles  — 
Ziekteen 
voor 
Invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institute,  Brussels),  through  the 
insurance  bodies; 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

2. 

Accidents  at  work: 

3. 

Occupational  diseases: 

national 

d'assurance 
Rijksinstituut 

maladie-invalidité, 
Institut 
Bruxelles  — 
Ziekteen 
voor 
Invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institute,  Brussels),  through  the 
insurance  bodies; 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

Fonds  des  maladies  professionnelles,  Bruxelles  —  Fonds 
voor  beroepsziekten,  Brussel  —  (Occupational  Diseases 
Fund,  Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

B.  DENMARK 

INSTITUTIONS  OF  THE  PLACE  OF  RESI 
DENCE 

(a) 

sickness  and  maternity: 

(i) 

the  purposes  of  applving  Articles 
for 
17.  22,  28,  29 
the 
and 
implementing  Regulation: 

'30  of 

the  competent  amtskommune  (district  administration). 
(the 
In 
the  commune  of  Kobenhavn:  Magistraten 
of 
communal 
Frederiksberg:  the  communal  administration, 

administration). 

commune 

the 

In 

(ii) 

for  the  purposes  of  applying  Articles  18 
and  25 of  the  implementing  Regulation: 

(b) 

invalidity  (pensions): 

(c) 

old-age  and  death  (pension): 

(i) 

pensions  granted  under  the  legislation 
on  social  pensions: 

the  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
(the 
Odense,  Aalborg 
communal  administration); 

and  Ârhus:  Magistraten 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Social  Security  and  Welfare),  Kobenhavn; 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Social  Security  and  Welfare),  Kobenhavn, 

(ii)  pensions  granted  under 

law  on 
supplementary  pensions  for  employed 
persons  ('loven  om  Arbejdsmarkedets 
tillEegspension'): 

the 

Arbejdsmarkedets 
Pensions  Office  for  Employed  Persons),  Hillerod; 

tillaegspension 

(Supplementary 

(d) 

accidents  at  work  and  occupational  diseases: 

(i) 

for  the  purposes  of  applying  Chapter  4 
of  Title  IV,  except  for  Article  61, of  the 
implementing  Regulation: 

(ii) 

for  the  purposes  of  applying  Article  61 
of  the  implementing  Regulation: 

Arbejdsskadestyrelsen  (National  Office  for  Accidents  at 
Work  and  Occupational  Diseases),  Kobenhavn, 

The  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg 
(the 
communal  administration); 

and  Ârhus:  Magistraten 

(e)  death  grants: 

for  the  purposes  of  applying  Article  78  of 
the  implementing  Regulation: 
imDlementine  Regulation: 

Sundhedsministeriet  (Ministry  of  Health),  Kobenhavn. 

574/72 -  73 

INSTITUTIONS  OF THE PLACE OF STAY 

(a) 

sickness and  maternity: 

(i) 

for  the  purposes  of  applying  Articles 
20,  21  and  31  of  the  implementing 
Regulation: 

(ii) 

for  the  purposes  of  applying  Article  24 
of  the  implementing  Regulation: 

(b)  accidents  at  work and  occupational  diseases: 

(i) 

for  the  purposes  of  applying  Chapter  4 
of  Title  rv, except  for  Article 64, of  the 
implementing  Regulation: 

(ii) 

for  the  purposes  of  applying Article  64 
of  the implementing  Regulation: 

the  competent  amtskommune  (district  administration). 
the  commune  of  Kobenhavn:  Magistraten  (the 
In 
the  commune  of 
communal  administration). 
Fredriksberg: the communal  administration, 

In 

the  social  commission  of  the  commune  in  which  the 
beneficiary  is  staying.  In  the  communes  of  Kobenhavn, 
(the 
Odense,  Aalborg  and  Ârhus:  Magistraten 
communal  administration); 

Arbejdsskadestyrelsen  (National  Office  for  Accidents  at 
Work  and  Occupational  Diseases), Kobenhavn, 

the  social  commission  of  the  commune  in  which  the 
beneficiary  is  staying.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg  and  Ârhus:  Magistraten 
(the 
communal  administration); 

(c)  unemployment: 

(i) 

for  the  purposes  of  applying  Chapter  6 
of  Title  IV, except  for  Article 83, of  the 
implementing  Regulation: 

(ii) 

for  the  purposes  of  applying  Article 83 
of  the implementing  Regulation: 

the competent  unemployment  fund, 

the  local employment  office. 

C.  GERMANY 

1. 

Sickness  insurance: 

(a) 

in  all  cases,  except  for  the  application  of 
Article  19  (2)  of  the  Regulation  and  of 
Article  17 of  the  implementing  Regulation: 

for  persons  insured  under  the  scheme  for 
miners  and  members of  their  families: 

(b) 

for  the  purposes  of  applying  Article  19  (2) 
of  the  Regulation  and  Article  17  of  the 
implementing  Regulation: 

In  the  absence  of such an  institution  or when 
the  insured  person  was  last  insured  with  an 
Allgemeine  Ortskrankenkasse,  with  a  Land-
wirtschaftliche  Krankenkasse 
(Agricultural 
Sickness  Fund)  or  with  the  Bundesknapp 
schaft: 

2.  Accident  insurance: 

In  all cases: 

the  competent  Allgemeine  Ortskrankenkasse  (Local 
General  Sickness  Fund)  of  the  place  of  residence  or 
place  of stay  of  the person  concerned, 

B undesknappschaft 
Miners), Bochum; 

(Federal 

Insurance  Fund 

for 

the institution with which  the person concerned was last 
insured, 

the  competent  institution  of  the  place  of  residence  or 
place  of  stay  of  the  person  concerned,  referred  to 
under  (a). 

the  Hauptverband  der  gewerblichen  Berufsgenossens-
chaften  (Federation  of  Professional  and  Trade  Associ 
ations in Industry), St. Augustin. 

574/72 -  74 

3. 

Pension  insurance: 

(a)  Pension  insurance  for  manual  workers: 

(i) 

dealings  with  Belgium  and  Spain: 

(ii)  dealings  with  France: 

(iii)  dealings  with  Italy: 

(iv)  dealings  with  Luxembourg: 

(v)  dealings  with  the  Netherlands: 

(vi)  dealings  with  Denmark: 

(vii)  dealings  with  Ireland  and  the  United 

Kingdom: 

(viii)  dealings  with  Greece: 

(ix)  dealings  with  Portugal: 

(b)  Pension  insurance  for  clerical staff: 

(c)  Pension  insurance  for  miners: 

4.  Old-age  insurance  for  farmers: 

5. 

Unemployment  benefits  and  family  benefits: 

Landesversicherungsanstalt 
Insurance  Office  of  the  Rhine  Province),  Dusseldorf, 

Rheinprovinz 

(Regional 

Landesversicherungsanstalt  Rheinland-Pfalz 
(Regional 
Insurance  Office  of  the  Rhineland-Palatinate),  Speyer 
institution  under  Annex  2, 
or,  as  a  competent 
Landesversicherungsanstalt 
(Regional 
Insurance  Office  of  the  Saarland),  Saarbriicken, 

Saarland 

Landesversicherungsanstalt  Schwaben  (Regional  Insur 
ance  Office  of  Swabia),  Augsburg, 

Landesversicherungsansalt  Rheinland-Pfalz 
Insurance  Office  of  the  Rhineland-Palatinate),  Speyer, 

(Regional 

Landesversicherungsanstalt  Westfalen  (Regional  Insur 
ance  Office  of  Westphalia),  Munster, 

Landesversicherungsanstalt  Schleswig-Holstein  (Regional 
Insurance  Office  of  Schleswig-Holstein),  Liibeck, 

und  Hansestadt 
Landesversicherungsanstalt 
Hamburg  (Regional  Insurance  Office  of  the  Free  and 
Hanseatic  City  of  Hamburg),  Hamburg, 

Freie 

Landesversicherungsansalt  Wiirttemberg 
Insurance  Office  of  Wiirttemberg),  Stuttgart, 

(Regional 

Landesversicherungsanstalt  Unterfranken 
Insurance  Office  for  Lower  Franconia),  Wiirzburg; 

(Regional 

Bundesversicherungsanstalt 
Insurance  Office  for  Clerical  Staff),  Berlin; 

fiir  Angestellte 

(Federal 

Bundesknappschaft  (Federal  Insurance  Fund for  Miners), 
Bochum. 

Landwirtschaftliche 
Rheinhessen-Pfalz 
Alterskasse 
(Agricultural  Old-Age  Fund  Rhein-Hessen-Palatinate), 
Speyer. 

The  competent  employment  office  of 
residence  or  place  of  stay  of  the  person  concerned. 

the  place  of 

D.  SPAIN 

the  exception  of 

the 

Benefits  in  kind 

(a) 

all  schemes  with 
mariners'  scheme: 

(b)  mariners'  scheme: 

Cash  benefits: 

(a) 

all  schemes  with 
the 
mariners'  scheme  and  all  contingencies  with 
the  exception  of  unemployment: 

the  exception  of 

Direcciones  Provinciales  del  Instituto  National  de  la 
Salud  (Provincial  Directorates  of  the  National  Institute 
of  Health); 

Direcciones  Provinciales  del 
la 
Marina  (Provincial  Directorates  of  the  Mariners'  Social 
Institute); 

Instituto  Social  de 

Direcciones  Provinciales  del  Instituto  Nacional  de  la 
Seguridad  Social 
the 
National  Institute  of  Social  Security); 

(Provincial  Directorates  of 

574/72 -  75 

(b)  mariners'  scheme,  for  all  contingencies: 

(c) 

unemployment, 
mariners: 

with 

the 

exception 

of 

Direcciones  Provinciales  del  Instituto  Social  de 
la 
Marina  (Provincial  Directorates  of  the  Mariners'  Social 
Institute); 

Direcciones  Provinciales-  del  Instituto  National  de 
Empleo 
the  National 
Institute  of  Employment). 

(Provincial  Directorates  of 

E.  FRANCE 

I.  METROPOLITAN  FRANCE: 

A. 

Scheme  for  employed  persons: 

1. 

Risks  other  than  unemployment  and 
family  benefits: 

(a) 

in  general: 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund)  of  the  place  of  residence  or  place  of 
stay; 

(b) 

(c) 

(d) 

for joint  application  of  Articles  19 
(1)  and  (2)  and  35  (1)  of 
the 
Regulation  in  the  case  of  benefits 
in  kind  under  the  miners'  scheme 
for  sickness,  maternity,  invalidity 
and  death  (grants)  insurance: 

Société  de  secours  minière  (Miners'  Relief  Society)  of 
the  place  of  residence  of  the  person  concerned; 

the  purposes  of 

applying 
implementing 

the 

for 
Article  35  of 
Regulation: 

(i) 

general  scheme: 

(aa)  as  a  general  rule,  ex 
cept  for  Paris  and  the 
Paris  region: 

(bb)  special 

for 

scheme 

pro 
vided 
in  Articles 
L365  to  L382  of  the 
Social  Security  Code: 

(ii) 

agricultural  scheme: 

(iii)  miners'  scheme: 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Funa;, 

Caisse  régionale  d'assurance  maladie  (Regional  Sickness 
Insurance  Fund),  Strasbourg; 

Caisse  de  mutualité  sociale  agricole  (Agricultural  Social 
Insurance  Mutual  Benefit  Fund); 

Caisse  autonome  nationale  de  sécurité  sociale  dans  les 
mines  (National  Independent  Social  Security  Fund  for 
Miners),  Paris; 

the  purposes  of 

for 
the 
Article  36  of 
with 
Regulation 
invalidity  pensions: 

applying 
implementing 
to 

regard 

(i) 

in  general  except  for  Paris 
and  the  Paris  region: 

for  Paris 
region: 

and 

the  Paris 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund),  Paris; 

Caisse  régionale  d'assurance  maladie  (Regional  Sickness 
Insurance  Fund); 

574/72  -  76 

(ii) 

special  scheme  provided  for 
in  Articles  L 365  to  L 382  of 
the  Social  Security  Code: 

(e) 

the  purposes  of 

appyling 
for 
Article  36  of 
implementing 
the 
Regulation  with  regard  to  old-age 
pensions: 

(i) 

general  scheme: 

(aa)  as  a  general  rule,  ex 
cept  for  Paris  and  the 
Paris  region: 

for  Paris  and  the  Paris 
region: 

Caisse  régionale  d'assurance  maladie  (Regional  Sickness 
Insurance  Fund),  Strasbourg; 

Caisse  régionale  d'assurance  maladie, branche  'vieillesse' 
(Regional  Sickness  Insurance  Fund,  Old-Age  Branch), 

Caisse  nationale  d'assurance  vieillesse  des  travailleurs 
salariés 
for 
Employed  Persons),  Paris; 

(National  Old-Age 

Insurance  Fund 

(bb)  special 

for 

scheme 

pro 
vided 
in  Articles 
L365  to  L382  of  the 
Social  Security  code: 

Caisse 
Old-Age  Insurance  Fund),  Strasbourg; 

d'assurance 

régionale 

vieillesse 

(Regional 

(ii) 

agricultural  scheme: 

(iii)  miners'  scheme: 

Caisse  centrale  de  secours  mutuels  agricoles  (Central 
Agricultural  Benefit  Fund),  Paris; 

Caisse  autonome* nationale  de  sécurité  sociale  dans  les 
mines  (National  Independent  Social  Security  Fund  for 
Miners),  Paris; 

(f) 

the  purposes  of 

applying 
implementing 

the 

for 
Article  75  of 
Regulation: 

2. 

Unemployment: 

(a) 

the  purposes  of 

for 
applying 
Articles  80,  81  and  82  (2)  of  the 
implementing  Regulation: 

(b) 

the  purposes  of 

for 
applying 
Articles  83  (1)  and  (2)  and  97  of 
the  implementing  Regulation: 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund). 

départmentale 

Direction 
la 
main-d'œuvre  (Departmental  Directorate  of  Labour  and 
Manpower)  of  the  place  in  which  the  employment  for 
which  the  certified  statement  is  requested  was  pursued, 

travail 

du 

de 

et 

the  local  branch  of  the  Agence  nationale  pour  l'emploi 
(National  Employment  Office), 

the  town  hall  of  the  place  of  residence  of  the  members 
of  the  family; 

l'emploi  dans 

Association  pour 
et 
le 
in 
commerce  (Assedic)  (Association  for  Employment 
Industry  and  Trade)  of  the  place  of  residence  of  the 
person  concerned; 

l'industrie 

(c) 

the  purposes  of 

applying 
implementing 

the 

for 
Article  84  of 
Regulation: 

(i) 

total  unemployment: 

l'emploi  dans 

le 
Association  pour 
et 
commerce  (Assedic)  (Association  for  Employment 
in 
Industry  and  Trade)  of  the  place  of  residence  of  the 
person  concerned, 

l'industrie 

574/72 -  77 

(ii)  partial  unemployment: 

departmental 

Direction 
la 
main-d'œuvre  (Departmental  Directorate  of  Labour  and 
Manpower)  of  the  place  of  employment  of  the  person 
concerned; 

travail 

du 

de 

et 

(d) 

the  purposes  of 

applying 
implementing 

the 

for 
Article  89  of 
Regulation: 

Scheme  for  self-employed  persons: 

1. 

Sickness  and  maternity: 

For  the  purposes  of  applying  Article  35 
of  the  implementing  Regulation  with 
regard  to  the  agricultural  scheme: 

For  the  purposes  of  appyling  Article  36 
the  implementing  Regulation  with 
of 
regard  to  old-age  pensions: 

(a) 

craftsmen's  scheme: 

(b)  manufacturers' 
scheme: 

and 

tradesmen's 

(c) 

professional  occupations  scheme: 

(d) 

lawyers'  scheme: 

(e) 

agricultural  scheme: 

Mariners'  scheme: 

(a) 

for  the  purposes  of  applying  Article  27 
of  the  Regulation  with  regard  to  the 
mariners'  scheme: 

(b) 

for  the  purposes  of  applying  Article  35 
of  the  implementing  Regulation: 

D. 

Family  benefits: 

la 
Direction  départementale 
main-d'œuvre  (Departmental  Directorate  of  Labour  and 
Manpower). 

et  de 

travail 

du 

Caisse  primaire  d'assurance  maladie  du 
lieu  de 
résidence  ou  de  séjour  (Local  Sickness  Insurance  Fund 
of  the  place  of  residence  or  of  stay). 

Caisse  de  mutualité  sociale  agricole  et  tout  autre 
organisme  assureur  dûment  habilité  (Agricultural  Social 
Insurance  Mutual  Benefit  Fund  and  all  other  duly 
authorized  insurance  bodies). 

Caisse  nationale  de  l'organisation  autonome  d'assurance 
vieillesse  des  travailleurs  non  salariés  des  professions 
artisanales  (Cancava)  (National  Independent  Old-Age 
in  Craft 
Insurance  Fund  for  Self-Employed  Persons 
Occupations), 

Caisses  de  base  professionelles 
Funds); 

(Local  Professional 

Caisse  nationale  de  l'organisation  autonome  d'assurance 
vieillesse  des  travailleurs  non  salariés  des  professions 
(National 
industrielles 
Independent 
for 
Self-Employed  Persons 
in  Manufacturing  or  Trading 
Occupations), 

commerciales 

Insurance 

(Organic) 

Old-Age 

Fund 

et 

Caisses  de  base  professionnelles  ou  interprofessionnelles 
(Local  Professional  or  Interprofessional  Funds); 

Caisse  nationale  d'assurance  vieillesse  des  professions 
libérales  (CNAVPL),  sections  professionnelles  (National 
the 
Insurance  Fund 
Old-Age 
Professions  —  Professional  Branches); 

for  Members 

of 

Caisse 
(National  Fund  for  Members  of  the  French  Bar); 

des  barreaux 

nationale 

français 

(CNBF) 

Caisse  nationale  d'assurance  vieillesse  mutuelle  agricole 
(National  Old-Age 
Insurance  Agricultural  Mutual 
Benefit  Fund). 

Section  'Caisse  générale  de  prévoyance  des  marins'  du 
quartier  des  affaires  maritimes  (General  Welfare  Fund 
for  Mariners,  Department  of 
the  Maritime  Affairs 
Division); 

Section  'Caisse  générale  de  prévoyance  des  marins'  du 
quartier  des  affaires  maritimes  (General  Welfare  Fund 
for  Mariners,  Department  of 
the  Maritime  Affairs 
Division). 

Caisse  d'allocations  familiales  (Family  Allowances  Fund) 
of  the  place  of  residence  of  the  person  concerned. 

574/72  -  78 

II.  OVERSEAS  DEPARTMENTS 

A. 

Scheme  for  employed  persons: 

Risks  other  than  family  benefits 

in  general: 

B. 

Scheme  for  self-employed  persons: 

(a) 

sickness  and  maternity: 

(b)  old-age  pensions: 

— 

craftmen's  scheme: 

Caisse  générale  de  sécurité  sociale  (General  Social 
Security  Fund). 

Caisse  générale  de  sécurité  sociale  du  lieu  de  résidence 
ou  de  séjour  (General  Social  Security  Fund  of  the  place 
of  residence  or  of  stay); 

de 

nationale 

l'organisation 

Caisse 
autonome 
d'assurance-vieillesse  des  travailleurs  non  salariés  des 
professions  artisanales  (Cancava)  (National  Independent 
Old-Age  Insurance  Fund  for  Self-Employed  Persons  in 
Craft  Occupations), 

manufacturer's 
scheme: 

and 

tradesmen's 

Caisse 
interprofessionnelle  d'assurance-vieillesse  des 
industriels  et  commerçants  d'Algérie  et  d'outre-mer 
(Cavicorg)  (Interprofessional  Old-Age  Insurance  Fund 
for  Manufacturers 
and 
and  Traders 
Overseas), 

in  Algeria 

— 

— 

professional  occupations  scheme: 

Sections  professionelles  (Professional  Departments), 

lawyers'  scheme: 

Caisse  nationale  des  barreaux  français  (National  Fund 
for  Members  of  the  French  Bar). 

C.  Mariners: 

(i) 

invalidity  pensions: 

(ii)  old-age  pensions: 

Section  'Caisse  générale  de  prévoyance  des  marins'  du 
quartier  des  affaires  maritimes  (General  Welfare  Fund 
for  Mariners,  Department  of 
the  Maritime  Affairs 
Division); 

Section  'Caisse  de  retraite  des  marins'  du  quartier  des 
affaires 
Fund, 
Pension 
Department  of  the  Maritime  Affairs  Division). 

(Mariners' 

maritimes 

D. 

Family  benefits: 

Caisse  d'allocations  familiales  (Family  Allowances  Fund) 
of  the  place  of  residence  of  the  person  concerned. 

F.  GREECE 

1.  Unemployment,  family  allowances: 

2. 

Other  benefits: 

OQYaviouôç  AjtaoxoXrjoEioç  EçYatixaû  Auvauixaû 
(OAEA)  AHrjva,  (Labour  Employment  Office,  Athens). 

IÔQupa  Koivanaxdjv  Aa^aXioearv  (IKA)  AHrjva  (Social 
Insurance  Institute,  Athens). 

1. 

Benefits  in  kind: 

—  Eastern  Health  Board,  Dublin, 

IRELAND 

—  Midland  Health  Board, Tullamore, County  Qffaly, 

—  Mid-Western  Health  Board,  Limerick, 

—  North-Eastern  Health  Board,  Ceanannus  Mor, 

County  Meath, 

—  North-Western  Health  Board,  Manorhamilton, 

County  Leitrim, 

574/72  -  79 

2. 

Cash  benefits: 

(a)  Unemployment  benefits: 

— 

— 

South-Eastern  Health  Board,  Kilkenny, 

Southern  Health Board,  Cork, 

—  Western  Health Board,  Galway. 

Department  of  Social  Welfare,  Dublin,  including  the 
unemployment 
responsible 
provincial 
benefits; 

offices 

for 

(b)  Old-age  and  death  (pensions): 

(c)  Family  benefits: 

Department  of  Social  Welfare,  Pensions  Services  Office, 
Sligo; 

Department  of  Social  Welfare,  Child  Benefit  Section,  St. 
Oliver  Plunkett  Road,  Letterkenny,  Co.  Donegal; 

(d)  Other  cash  benefits: 

Department  of  Sotial  Welfare,  Dublin. 

Sickness  (including  tuberculosis)  and  maternity: 

H. 

ITALY 

A.  Employed  persons: 

(a)  benefits  in  kind: 

(i) 

in  general: 

(ii) 

for  mariners  and  civil  aircrew: 

(b) 

cash  benefits: 

(i) 

in  general: 

(ii) 

for  mariners  and  civil  aircrew: 

B. 

Self-employed  persons: 

benefits  in  land: 

Accidents  at  work,  occupational  diseases: 

A.  Employed  persons: 

(a) 

benefits  in  kind: 

(i) 

in  general: 

(ii) 

for  mariners  and  civil  aircrew: 

(b)  prostheses 

and  major 

appliances, 
related 
medico-legal 
examinations  and  certificates  and  cash 
benefits: 

benefits, 

Unità  sanitaria  locale  (the  competent  local  health  unit), 

Ministero  della  sanità  (Ministry  of  Health)  — 
the 
relevant  area  health  office  for  the  merchant  navy  or 
civil  aviation; 

istituto  nazionale  della  previdenza  sociale 
Social  Welfare  Institution),  provincial  offices, 

(National 

Cassa  marittima  (the  maritime  fund  responsible  for  the 
area). 

Unità  sanitaria  locale  (the  competent  local  health  unit). 

Unità  sanitaria  locale  (the  competent  local  health  unit), 

Ministero  della  sanità  (Ministry  of  Health)  — 
the 
relevant  area  health  office  for  the  merchant  navy  or 
civil  aviation; 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accidents  at  Work),  provincial  offices. 

574/72 -  80 

B. 

Self-employed  persons 
ologists  only): 

(For  medical 

radi 

(a) 

benefits  in  kind: 

Unità  sanitaria  locale  (the  competent  local  health  unit); 

(b)  prostheses 

and  major 
benefits 

appliances, 
related 

medico-legal 
and 
examinations  and  certificates: 

(c) 

cash  benefits: 

3. 

Invalidity,  old-age,  survivor's  (pensions): 

A.  Employed  persons: 

(a) 

in  general: 

(b) 

for  workers 
business: 

in 

the 

entertainment 

(c) 

supervisory 

for 
undertakings: 

staff 

in 

industrial 

(d) 

for  journalists: 

B. 

Self-employed  persons: 

(a) 

for  medical  practitioners: 

(b) 

for  pharmacists: 

(c) 

for  veterinarians: 

(d) 

for  midwives: 

(e) 

for  engineers  and  architects: 

(f) 

for  surveyors: 

(g) 

for  solicitors  and  barristers: 

(h) 

for  economists: 

(i) 

for  accountants: 

(j) 

for  employment  experts: 

(k) 

for  notaries: 

(1) 

for  customs  agents: 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accident  at  Work),  provincial  offices; 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accidents  at  Work),  provincial  offices. 

Instituto  nazionale  della  previdenza  sociale  (National 
Social  Welfare  Institution),  provincial  offices; 

Ente  nazionale  di  previdenza  e  assistenza  per 
lavoratori  dello  spettacolo 
Assistance  Office  for  Workers 
Business),  Roma; 

i 
and 
in  the  Entertainment 

(National  Welfare 

Instituto  nazionale  di  previdenza  per 
aziende 
industriali  (National  Welfare 
Supervisory  Staff  in  Industry),  Roma; 

i  dirigenti  di 
for 
Institution 

Istituto  nazionale  di  previdenza  per  i  giornalisti  italiani 
'G.  Amendola' 
(G.  Amendola  National  Welfare 
Institution  for  Italian  Journalists),  Roma. 

Ente  nazionale  di  previdenza  ed  assistenza  mediti 
(National  Welfare  and  Assistance  Office  for  Medical 
Practitioners); 

Ente  nazionale  di  previdenza  ed  assistenza  farmacisti 
(National  Welfare 
for 
Pharmacists); 

and  Assistance  Office 

Ente  nazionale  di  previdenza  ed  assistenza  veterinari 
(National  Welfare 
for 
veterinarians); 

and  Assistance  Office 

le 
Ente  nazionale  di  previdenza  ed  assistenza  per 
ostetriche  (National  Welfare  and  Assistance  Office  for 
Midwives); 

Cassa  nazionale  di  previdenza  per  gli  ingegneri  ed 
architetti  (National  Welfare  Fund  for  Engineers  and 
Architects); 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
geometri  (National  Welfare  and  Assistance  Fund  for 
Surveyors); 

Cassa  nazionale  di  previdenza  ed  assistenza  a_favore 
degli  awocati  e  dei  procuratori  (National  Welfare  and 
Assistance  Fund  for  Solicitors  and  Barristers); 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
dottori  commercialisti  (National  Welfare  and  Assistance 
Fund  for  Economists); 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
ragionieri  e  periti  commerciali  (National  Welfare  and 
Assistance  Fund  for  Accountants); 

Ente  nazionale  di  previdenza  ed  assistenza  per 
i 
consulenti  del  lavoro  (National  Welfare  and  Assistance 
Office  for  Employment  Experts); 

Cassa  nazionale  notariato  (National  Fund  for  Notaries); 

Fondo  di  previdenza  a 
doganali  (Welfare  Fund  for  Customs  Agents). 

favore  degli 

spedizionieri 

574/72  -  81 

4. 

Death  grants: 

5. 

Unemployment  for  employed  persons: 

(a) 

in  general: 

(b) 

for  journalists: 

6. 

Family  allowances  for  employed  persons: 

(a) 

in  general: 

(b) 

for  journalists: 

Istituto  nazionale  della  previdenza  sociale  (National 
Social  Welfare  Institution),  provincial  offices. 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accidents  at  Work),  provincial  offices. 

Cassa  marittima  (the  maritime  fund  responsible  for  the 
area). 

Istituto  nazionale  della  previdenza  sociale 
Social  Welfare  Institution),  provincial  offices; 

(National 

Istituto  nazionale  di  previdenza  per  i  giornalisti  italiani 
'G.  Amendola' 
(G.  Amendola  National  Welfare 
Institution  for  Italian  Journalists),  Roma. 

Istituto  nazionale  della  previdenza  sociale 
social  Welfare  Institution),  provincial  offices; 

(National 

Istituto  nazionale  di  previdenza  per  i  giornalisti  italiani 
'G.  Amendola' 
(G.  Amendola  National  Welfare 
Institution  for  Italian  Journalists),  Roma. 

I. LUXEMBOURG 

Sickness,  maternity; 

(a) 

for  the  purposes  of  applying  Articles  19,  22, 
28  (1),  29  (1)  and  31  of  the  Regulation,  and 
Articles  17,  18,  20,  21, 22,  24,  29,  30  and  31 
of  the  implementing  Regulation: 

(b) 

for  the  purposes  of  applying  Article  27  of 
the  Regulation: 

2. 

Invalidity,  old-age  death  (pensions): 

(a) 

for  manual  workers: 

(b) 

for  clerical 
professions: 

staff 

and  members  of 

the 

(c) 

for  self-employed  persons  engaged  in  a  craft 
industry,  in  trading  or  in  manufacture: 

(d) 

self-employed 

for 
agriculture: 

persons 

engaged 

in 

3. 

Accidents  at  work  and  occupational  diseases: 

(a) 

for  employed  and  self-employed  persons 
engaged  in  agriculture  or  forestry: 

(b) 

for  all  other  cases  of 
compulsory  or  optional  basis: 

insurance  on  a 

Caisse  de  maladie  des  ouvriers  et/ou  union  des  caisses 
de  maladie  (the  sickness  fund 
for  manual  workers 
and'or  the  sickness  fund  association); 

pour 

législation 
Caisse  de  maladie  compétente,  selon 
luxembourgeoise, 
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). 

la 
pension 

la 

Etablissement 
l'invalidité,  Luxembourg 
Insurance  Institution),  Luxembourg; 

contre 
(Old-Age 

d'assurance 

la  vieillesse 

et 
Invalidity 

and 

Caisse  de  pension  de  employes  privés,  Luxembourg 
(Pension  Fund  for  Clerical  Staff  in  the  Private  Sector), 
Luxembourg; 

Caisse  de  pension  des  artisans,  des  commerçants  et 
industriels,  Luxembourg  (Pension  Fund  for  Craftsmen, 
Tradesmen  and  Manufacturers),  Luxembourg; 

Caisse  de  pension  agricole,  Luxembourg  (Agricultural 
Pension  Fund),  Luxembourg. 

Association  d'assurance  contre 
les  accidents,  section 
agricole  et  forestière,  Luxembourg  (Accident  Insurance 
Association,  Agricultural  and  Forestry  Department), 
Luxembourg; 

Association  d'assurance  contre 
industrielle, 
Association,  Industrial  Department),  Luxembourg. 

les  accidents,  section 
Insurance 
(Accident 

Luxembourg 

574/72  -  82 

4. 

Unemployment: 

5. 

Family  benefits: 

Administration  de 
Luxembourg. 

l'emploi 

(Employment  Office), 

Caisse  nationale  des  prestations  familiales 
Fund  for  Family  Benefits),  Luxembourg. 

(National 

1. 

Sickness,  maternity, 
occupational  diseases: 

(a)  benefits  in  kind: 

J. 

NETHERLANDS 

accidents 

at 

work, 

(i) 

institutions  of  the  place  of  residence: 

(ii) 

institutions  of  the  place  of  stay: 

(b) 

cash  benefits: 

one  of  the  competent  sickness  funds  for  the  place  of 
residence,  at  the  choice  of  the  person  concerned, 

Algemeen  Nederlands  Onderling  Ziekenfonds  (General 
Sickness  Fund  of  the  Netherlands),  Utrecht; 

Nieuwe  Algemene  Bedrifjsvereniging 
Professional  and  Trade  Association),  Amsterdam. 

(New  General 

2. 

Invalidity: 
(a)  where,  even  without  applying  the  Regulation, 
the  right  to  benefit  exists  under  Netherlands 
legislation  alone: 

(b) 

in  all  other  cases: 

3. 

Old-age  and  death  (pensions): 

for  the purposes  of  applying Article  36 of  the  imple 
menting  Regulation: 

(a) 

as  a  general  rule: 

(b)  dealings  with  Belgium: 

(c) 

dealings  with  Germany: 

4. 

Unemployment: 

5. 

Family  allowances: 

the  competent  Bedrijfsvereniging 
Trade  Association); 

(Professional 

and 

Nieuwe  Algemene  Bedrijfsvereniging 
Professional  and  Trade  Association),  Amsterdam. 

(New  General 

Sociale  Verzekeringsbank 
(Social 
Postbus  1100,  1180  BH  Amstelveen; 

Insurance  Bank), 

Bureau  voor  Belgische  Zaken  de  sociale  verzekering 
betreffende 
(Department  for  Belgian  Social  Security 
Affairs),  Breda; 

Bureau  voor  Duitse  zaken  (Department  of  German 
Affairs),  Nijmegen. 

Nieuwe  Algemene  Bedrijfsvereniging 
Professional  and  Trade  Association),  Amsterdam. 

(New  General 

for  the purposes of applying Articles 73 (2) and 74 (2) 
of  the  Regulation: 

Districtskantoor  van  de  Sociale  Verzekeringsbank  (local 
office  of  the  Social  Insurance  Bank)  in  whose  district 
the  members  of  the  family  are  resident. 

K.  AUSTRIA 

1. 

Sickness  insurance: 

(a) 

In  all  cases,  except  for  the  application  of 
Articles  27  and  29  of  the  Regulation  and  of 
Articles  30  and  31  of 
implementing 
Regulation  in  relation  to  the  institution  of 
the  place  of 
residence  of  a  pensioner 
mentioned  in  Article  27  of  the  Regulation: 

the 

Gebietskrankenkasse 
Insurance)  competent  for 
place  of  stay  of  the  person  concerned; 

(Regional  Fund 

for  Sickness 
the  place  of  residence  or 

(b)  For  the  application  of  Articles  27  and  29  of 
the  Regulation  and  of  Articles  30  and  31  of 
the  implementing  Regulation  in  relation  to 
the  institution  of  the  place  of  residence  of  a 
in  Article  27  of  the 
pensioner  mentioned 
Regulation: 

the  competent  institution. 

574/72 -  83 

2. 

Pension  insurance 

(a) 

(b) 

If  the  person  concerned  has  been  subject  to 
the  Austrian  legislation  with  the  exception  of 
the 
the 
application  of  Article  53  of 
implementing  Regulation: 

In  all  other  cases  with  the  exception  of  the 
application  of  Article  53 of  the  implementing 
Regulation: 

(c)  For  the  purpose  of  applying  Article  53 of  the 

implementing  Regulation: 

3. 

Accident  insurance: 

(a)  Benefits  in  kind: 

(b)  Benefits  in  cash: 

(i) 

In  all  cases  with  the  exception  of  the 
application  of  Article  53  in  connection 
with  Article  77  of  the 
implementing 
Regulation: 

(ii)  For  the  purpose  of  applying  Article  53 
in  connection  with  Article  77  of  the 
implementing  Regulation: 

the  competent  institution; 

Pensionsversicherungsanstalt  der  Angestellten  (Pension 
Insurance  Institution  for  Employees),  Wien; 

Hauptverband  der  ôsterreichischen  Sozialversicherung-
stràger  (Main  Association  of  Austrian  Sotial  Insurance 
Institutions),  Wien. 

Gebietskrankenkasse  (Regional  Fund  for  Sickness 
Insurance)  competent  for  the  place  of  residence  or 
place  of  stay  of  the  person  concerned, 

or  Allgemeine  Unfallversicherungsanstalt  (General 
Accident  Insurance  Institution),  Wien,  may  grant 
the  benefits; 

Allgemeine 
Accident  Insurance  Institution),  Wien, 

Unfallversicherungsanstalt 

(General 

Hauptverband 
Sozialversiche-
rungstràger  (Main  Association  of  Austrian  Sotial  In 
surance  Institutions),  Wien. 

ôsterreichischen 

der 

4. 

Unemployment  insurance: 

Régionale  Geschàftsstelle 
des  Arbeitsmarktservice 
(Local  Office  of  the  Labour  Market  Service)  competent 
for  the  place  of  residence  or  place  of  stay  of  the  person 
concerned. 

5. 

Family  benefits: 

(a)  Family  benefits  with 
Karenzurlaubsgeld 
allowance): 

the 
(special 

exception  of 
maternity 

(b)  Karenzurlaubsgeld 
allowance): 

(special 

maternity 

Finanzamt  (Finance  Office)  competent  for  the  place  of 
residence  or  place  of  stay  of  the  beneficiary; 

Régionale  Geschàftsstelle 
des  Arbeitsmarktservice 
(Local  Office  of  the  Labour  Market  Service)  competent 
for  the  place  of  residence  or  place  of  stay  of  the  person 
concerned. 

L.  PORTUGAL 

Mainland 

Sickness,  maternity  and  family  benefits  (for 
sickness  and  maternity  benefits  in  kind  see 
also  Annex  10): 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security)  of  the  place  of  residence  or  abode  of 
the  person  concerned. 

574/72 -  84 

2. 

Invalidity,  old  age  and  death: 

3.  Accidents  at  work  and  occupational  diseases: 

4. 

Unemployment  benefits: 

Centro  National  de  Pensoes  (National  Pensions  Centre), 
Lisboa,  and  Centro  Regional  de  Segurança  Social 
(Regional  Centre  of  Sotial  Security)  where  the  person 
concerned  resides. 

Caixa  National  de  Seguros  de  Doenças  Profissionais 
(National  Insurance  Fund  for  occupational  diseases), 
Lisboa. 

(a) 

of 

the 

application 

reception 
and 
verification  of  the  employment  situation 
the  periods  of 
(e.g.  confirmation  of 
of 
employment, 
unemployment, 
the 
situation): 

classification 
on 
checks 

(b)  grant  and  payment  of  unemployment 
the 
of 
(e.g. 
benefits 
conditions  for  eligibility 
to  benefits, 
fixing  the  amount  and  duration,  checks 
on 
for  maintaining, 
suspending  or  terminating  payment): 

verification 

situation 

the 

5. 

Benefits 
security  scheme: 

from 

a  non-contributory 

social 

II.  Autonomous  region  of  Madeira 

1. 

Sickness,  maternity  and  family  benefits  (for 
sickness  and  maternity  benefits  in  kind,  see 
also  Annex  10): 

2. 

(a) 

Invalidity,  old  age  and  death: 

(b) 

invalidity  old  age  and  death  under  the 
special 
for 
agricultural  workers: 

security 

scheme 

social 

3.  Actidents  at  work  and  occupational  diseases: 

4.  Unemployment  benefits: 

(a) 

of 

the 

application 

reception 
and 
vérification  of  the  employment  situation 
the  periods  of 
(e.g.  confirmation  of 
of 
employment, 
the 
unemployment, 
situation): 

classification 
checks 

on 

(e.g. 

(b)  grant  and  payment  of  unemployment 
of 
the 
benefits 
to  benefits, 
for  eligibility 
conditions 
fixing  the  amount  and  duration,  checks 
on 
for  maintaining, 
suspending  or  terminating  payment): 

verification 

situation 

the 

5. 

Benefits 
security  scheme: 

from 

a  non-contributory 

social 

Centro  de  Emprego  (Employment  Centre)  where  the 
person  concerned  resides; 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Sotial  Security)  where  the  person  concerned  resides. 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security)  where  the  person  concerned  resides. 

Direcçâo  Regional  de  Segurança  Social  •  (Regional 
Directorate  of  Sotial  Security),  Funchal. 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal; 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Sotial  Security),  Funchal. 

(Regional 

Caixa  National  de  Seguros  de  Doenças  Profissionais 
(National  Insurance  Fund  for  occupational  diseases), 
Lisboa. 

Direcçâo  Regional  de  Emprego  (Regional  Directorate 
of  Employment),  Funchal; 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

574/72 -  85 

III.  Autonomous  region  of  the  Azores 

1. 

Sickness,  maternity  and  family  benefits  (for 
sickness  and  maternity  benefits  in  kind,  see 
also  Annex  10): 

2. 

(a) 

invalidity,  old  age  and  death: 

(b) 

invalidity,  old  age  and  death  under  the 
special 
for 
agricultural  workers: 

security 

scheme 

social 

3. 

Accidents  at  work  and  occupational  diseases: 

Unemployment  benefits: 

(a) 

of 

the 

application 

reception 
and 
verification  of  the  employment  situation 
the  periods  of 
(e.g.  confirmation  of 
employment, 
of 
unemployment, 
the 
situation): 

classification 
checks 

on 

(e.g. 

(b)  grant  and  payment  of  unemployment 
of 
the 
benefits 
conditions 
to  benefits, 
for  eligibility 
fixing  the  amount  and  duration,  checks 
for  maintaining, 
on 
suspending  or  terminating  payment): 

verification 

situation 

the 

Benefits 
scheme: 

from  a  non-contributory  security 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Angra  do  Heroismo. 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Angra  do  Heroismo; 

(Regional 

Direcçâo  Regional  de  Segurança  Sotial 
Directorate  of  Sotial  Security),  Angra  do  Heroismo. 

(Regional 

Caixa  National  de  Seguros  de  Doenças  Profissionais 
(National  Insurance  Fund  for  occupational  diseases), 
Lisboa. 

Centro  de  Emprego  (Employment  Centre)  where  the 
person  concerned  resides; 

Centro  de  Prestaçoes  Pecuniarias  de  Segurança  Social 
(Centre  for  cash  benefits  of  Social  Security)  where  the 
person  concerned  resides. 

Direcçâo  Regional  de  Segurança  Sotial 
Directorate  of  Social  Security),  Angra  do  Heroismo. 

(Regional 

1. 

Sickness  and  maternity: 

(a)  Cash  benefits: 

(b)  Benefits  in  kind: 

M.  FINLAND 

Kansanelàkelaitos/Folkpensionsanstalten  (Social  Insur 
ance  Institution),  Helsinki;  or 

(i) 

refunds  under  sickness  insurance: 

Kansanelakelaitos/Folkpensionsanstalten  (Social  Insur 
ance  Institution),  Helsinki,  or 

(ii)  public  health  and  hospital  service: 

the  local  units which  provide  services  under  the  scheme. 

2. 

Old-age,  invalidity,  death  (pensions): 

(a)  National  pensions: 

(b)  Employment  pensions: 

3. 

Death  grants 

General  death  grants: 

Kansanelàkelaitos/Folkpeasionsanstalten  (Social  Insur 
ance  Institution),  Helsinki;  or 

Elàketurvakeskus/Pensionsskyddscentralen  (Central  Pen 
sion  Insurance  Institute),  Helsinki. 

— 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki. 

Insur 

574/72  -  86 

4.  Unemployment: 

(a)  Basic scheme: 

(b)  Earnings-related  scheme: 

(i) 

In  the case  of Article 69: 

(ii) 

in other cases: 

5. 

Family benefits: 

Kansanelàkelaitos/Folkpensionsanstalten  (Social  Insur 
ance  Institution), Helsinki; 

Kansanelàkelaitos  —  Folkpensionsanstalten  (Social  In 
surance  Institution), Helsinki, 

the  competent  unemployment  fund  with  which  the 
person concerned  is insured. 

Kansanelàkelaitos/Folkpensionsanstalten  (Social  Insur 
ance  Institution), Helsinki. 

N.  SWEDEN 

1.  For  all  contingencies  except  unemployment 

benefits: 

2. 

For unemployment benefits: 

the  social  insurance  office  of  the  place  of  residence  or 
place  of stay. 

the  county  labour  board  of  the  place  of  residence  or 
place of stay. 

1.  Benefits  in kind: 

0.  UNITED  KINGDOM 

—  Great  Britain  and  Northern  Ireland: 

authorities which grant  National Health  Service benefits, 

—  Gibraltar: 

Gibraltar  Health  Authority. 

2.  Cash benefits  (except for family benefits): 

—  Great  Britain: 

—  Northern  Ireland: 

—  Gibraltar. 

3. 

Family benefits: 

Department  of  Social  Security,  Benefits  Agency, 
Overseas  Branch, Newcastle  upon Tyne, NE98  1YX, 

Department  of  Health  and  Social  Services,  Northern 
Ireland  Social  Security  Agency,  Overseas  Branch, 
Belfast,  BT1 1DX, 

Department  of  Labour  and Sotial  Security,  Gibraltar. 

For the purpose of applying Articles 73 and 74 of the 
Regulation: 

—  Great  Britain: 

—  Northern  Ireland: 

Department  of  Social  Security,  Benefits  Agency,  Child 
Benefit  Centre,  Newcastle  upon Tyne, NES8 1AA, 

Department  of  Health  and  Social  Services,  Northern 
Ireland  Social  Security  Agency,  Child  Benefit  Office, 
Belfast,  BT1 ISA, 

—  Gibraltar: 

Department  of  Labour  and  Sotial  Security,  Gibraltar. 

574/72  -  87 

ANNEX4 

(A)  (B) (2) (3) (7)  (9)  (12) (13) (14)  (15) 

LIAISON  BODIES 

(Articles 3 (1), 4 (4) and  122 of  the implementing  Regulation) 

A.  BELGIUM 

1. 

Sickness  and  maternity: 

(a) 

in  general: 

(b) 

for  mariners: 

(c) 

for  persons  covered  by  the  overseas  social  in 
surance  scheme: 

(d) 

for  former  employees  of  the  Belgian  Congo 
and  Rwanda-Urundi: 

2. 

Invalidity: 

(a) 

general  invalidity: 

Institut  national  d'assurance  maladie-invalidité  Bruxelles 
—  Rijksinstituut  voor  ziekte-  en  invaliditeitsverzekering, 
Brussel  —  (National  Sickness  and  Invalidity  Insurance 
Institute,  Brussels); 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  —  Hulp-  en  voorzorgskas  voor  zeevarenden  — 
(Relief  and  Welfare  Fund  for  Mariners),  Antwerpen; 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

national 

maladie-invalidité, 
Institut 
Bruxelles  — 
en 
ziekte- 
invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institute,  Brussels); 

Rijksinstituut 

d'assurance 

voor 

(b) 

special  invalidity  scheme  for  miners: 

(c)  mariners'  invalidity  scheme: 

(d) 

invalidity  of  persons  covered  by  the  overseas 
social  insurance  scheme: 

(e) 

invalidity  of  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

Fonds  national  de 
retraite  des  ouvriers-mineurs, 
Bruxelles  —  Nationaal  pensioenfonds  voor  mijnwerkers, 
Brussel  — 
for  Miners, 
(National  Pension  Fund 
Brussels); 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  —  Hulp-  en  voorzorgskas  voor  zeevarenden  — 
(Relief  and  Welfare  Fund  for  Mariners),  Antwerpen; 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels) 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

3.  Old-age,  death  (pensions): 

(a)  For  the  purposes  of  applying  Articles  41  to 
43  and  45  to  50  of  the  implementing  Regula 
tion: 

(i) 

for  manual  workers, 
miners  and  seafarers: 

clerical 

staff, 

(ii) 

for  self-employed  persons: 

(iii)  for  persons  covered  by  the  overseas 

social  insurance  scheme: 

(iv) 

for  former  employees  of  the  Belgian 
Congo  and  Rwanda-Urundi: 

Office  national des pensions, Bruxelles — Rijksdienst  voor 
pensioenen, Brussel—(National Pension Office, Brussels), 

Institut  national  d'assurances  sociales  pour  travailleurs 
indépendants,  Bruxelles  —  Rijksinstituut  voor  de  sociale 
verzekeringen  der  zelfstandigen,  Brussel  —  (National 
Social  Insurance  Institute  for  Self-Employed  Persons, 
Brussels), 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels), 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  JSrussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

574/72 -  88 

(b)  For 

the  purposes  of  applying  Articles  45 
(paying  institution),  53  (1),  110  and  111  (1) 
and  (2)  of  the  implementing  Regulation: 

(i) 

for  manual  workers,  clerical 
miners,  seafarers 
persons: 

staff, 
self-employed 

and 

(ii) 

for  persons  covered  by  the  overseas 
social  insurance  scheme: 

(iii)  for  former  employees  of  the  Belgian 

Congo  and  Rwanda-Urundi: 

4. 

Accidents  at  work  and  occupational  diseases 

(a) 

accidents  at  work: 

(b)  occupational  diseases: 

5. 

Death  grants: 

(a) 

in  general: 

(b) 

for  mariners: 

(c) 

for  persons  covered  by  the  overseas  social  in 
surance  scheme: 

(d) 

for  former  employees  of  the  Belgian  Congo 
and  Belgian  Rwanda: 

6. 

Unemployment: 

(a) 

in  general: 

(b) 

for  mariners: 

7. 

Family  benefits: 

(a) 

for  employed  persons: 

(b) 

for  self-employed  persons: 

(c) 

for  former  employees  of  the  Belgian  Congo 
and  Rwanda-Urundi: 

Office  national  des  pensions,  Bruxelles  —  Rijksdienst 
voor  pensioenen,  Brussel  —  (National  Pension  Office, 
Brussels), 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels), 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

Fonds  de  accidents  du  travail  (Accidents  at  Work  Fund), 
Brussels, 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

Ministère  de  la  prévoyance  sociale  (Ministry  of  Social 
Welfare),  Brussels, 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

national 

maladie-invalidité, 
Institut 
Bruxelles  — 
en 
ziekte- 
invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institute,  Brussels); 

Rijksinstituut 

d'assurance 

voor 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  —  Hulp-  en  voorzorgskas  voor  zeevarenden  — 
(Relief  and  Welfare  Fund  for  Mariners),  Antwerpen; 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

Office  national  de  l'emploi,  Bruxelles  —  Rijksdienst 
voor 
(National 
Employment  Office,  Brussels); 

arbeidsvoorziening, 

Brussel  — 

Pool  des  marins  de  la  marine  marchande  —  Pool  van 
de  zeelieden  ter  koopvaardij  —  (Merchant  Navy  Pool), 
Antwerpen. 

Office  national des allocations familiales  pour  travailleurs 
salariés,  Bruxelles  —  Rijksdienst  voor  kinderbijslag  voor 
werknemers,  Brussel — (National  Family Allowances  Of 
fice for  Employed  Persons, Brussels); 

Institut  national  d'assurances  sociales  pour  travailleurs 
indépendants,  Bruxelles  —  Rijksinstituut  voor  de  sociale 
verzekeringen  der  zelfstandigen,  Brussel  —  (National 
Social  Insurance  Institute  for  Self-Employed  Persons, 
Brussels); 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels). 

574/72 -  89 

B.  DENMARK 

(a)  Sickness,  maternity  and  birth  benefits 

in 

kind: 

Sundhedsministeriet  (Ministry  of  Health),  Kobenhavn; 

(b)  Sickness,  maternity  and  birth  benefits 

in 

cash: 

2. 

Pensions 
legislation  on  social  pensions: 

and  benefits  provided  under 

the 

3. 

Rehabilitation  benefits: 

Benefits  for  accidents  at  work  and  occupational 
diseases: 

5. 

Family  benefits  (family  allowances): 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Sotial  Security  and  Welfare),  Kobenhavn. 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Sotial  Security  and  Welfare),  Kobenhavn. 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Social  Security  and Welfare),  Kobenhavn. 

Arbejdsskadestyrelsen  (National  Office  for  Accidents  at 
Work  and  Occupational  Diseases),  Kobenhavn. 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Sotial  Security  and  Welfare),  Kobenhavn. 

Death  grants: 

Sundhedsministeriet  (Ministry  of  Health),  Kobenhavn. 

6. 

7. 

Pensions  under 
Tillsgspension' 
law  on 
pensions  for  employed  persons): 

'loven  om  Arbejdsmarkedets 
supplementary 
(the 

8. 

Unemployment  benefits: 

1. 

Sickness  insurance: 

2. 

Accident  insurance: 

Socialministeriet 
Kobenhavn. 

(Ministry 

of 

Social 

Affairs), 

Directoratet  for  Arbejdsloshedsforsikringen  (National 
Office 
against  Unemployment), 
for 
Kobenhavn. 

Insurance 

C.  GERMANY 

AOK-Bundesverband 
Sickness  Funds),  Bonn-Bad  Godesberg. 

(National  Federation  of  Local 

Hauptverband  der  gewerblichen  Berufsgenossenschaften 
(Federation  of  Professional  and  Trade  Associations),  St. 
Augustin. 

3. 

Pension  insurance  for  manual  workers: 

(a) 

for  the  purposes  of  applying  Article  3  (2)  of 
the  implementing  Regulation: 

(b) 

for  the  purposes  of  appyling  Articles  51  and 
53  (1)  of  the  implementing  Regulation,  and 
under  the  heading  'Paying  body'  referred  to 
in  Article  55  of  the  implementing  Regula 
tion: 

Deutscher 

Verband 
Rentenversicherungstràger 
(Federation  of  German  Pension  Insurance  Institutions), 
Frankfurt  am  Main; 

(i) 

dealings  with  Belgium  and  Spain: 

(ii)  dealings  with  Denmark: 

Landesversicherungsanstalt  Rheinprovinz 
Insurance  Office  of  the  Rhine  Province),  Diisseldorf, 

(Regional 

Landesversicherungsanstalt  Schleswig-Holstein  (Regional 
Insurance  Office  of  Schleswig-Holstein),  Lubeck, 

574/72  -  90 

(iii)  dealings with France: 

(iv)  dealings with Greece: 

(v)  dealings with Italy: 

(vi)  dealings with Luxembourg: 

(vii)  dealings with the  Netherlands: 

(viii) dealings  with  Ireland  and  the  United 

Kingdom: 

(ix)  dealings with Portugal: 

4. 

Pension  insurance  of clerical  staff: 

5.  Miner's  pensions  insurance: 

6.  Old-age  insurance  for  farmers: 

7.  Complementary  insurance  for  workers  in  the  iron 

and  steel  industry: 

Landesversicherungsanstalt  Rheinland-Pfalz  (Regional 
Insurance  Office  of  the Rhine-Palatinate), Speyer, or, as 
a 
2, 
Landesversicherungsanstalt 
(Regional 
Insurance  Office  of  the  Saarland),  Saarbriicken, 

under  Annex 

competent 

institution 

Saarland 

Landesversicherungsanstalt  Wiirttemberg 
Insurance  Office  of Wiirttemberg),  Stuttgart, 

(Regional 

Landesversicherungsanstalt 
Insurance  Office  of Swabia), Augsburg, 

Schwaben 

(Regional 

Landesversicherungsanstalt  Rheinland-Pfalz  (Regional 
Insurance  Office  of  the Rhine-Palatinate),  Speyer, 

Landesversicherungsanstalt  Westfalen 
Insurance  Office  of Westphalia), Munster, 

(Regional 

Landesversicherungsanstalt 
und  Hansestadt 
Hamburg  (Regional  Insurance  Office  of  the  Free  and 
Hanseatic  City of  Hamburg), Hamburg, 

Freie 

Landesversicherungsanstalt  Unterfranken 
Insurance  Office  for  Lower Franconia), Wiirzburg. 

(Regional 

Bundesversicherungsanstalt 
Insurance  Office  for  Clerical  Staff),  Berlin. 

fiir  Angestellte 

(Federal 

Bundesknappschaft 
Miners), Bochum. 

(Federal 

Insurance  Fund 

for 

Landwirtschaftliche  Alterskasse 
(Old-Age 
Fund 
Rhine-Hesse-Palatinate),  Speyer. 

Insurance 

Rheinhessen-Pfalz 
Farmers, 

for 

Landesversicherungsanstalt 
Abteilung 
Hiittenknappschaftliche  Pensionsversicherung,  (Regional 
Insurance  Office  of  the  Saarland,  Pension  Insurance 
Department 
the  Iron  and  Steel 
Industry),  Saarbriicken. 

for  Workers 

Saarland, 

in 

Unemployment  and  family  benefits: 

Hauptstelle  der  Bundesanstalt  fiir  Arbeit  (Headquarters 
of  the  Federal  Labour  Institute), Niirnberg. 

D.  SPAIN 

1. 

2. 

3. 

4. 

For  all  schemes  which  are  part  of  the  social 
the 
security  system,  with 
mariners'  scheme,  and  for  all  contingencies,  with 
the exception  of unemployment: 

the  exception  of 

For  the  special  mariners'  scheme  and  for  all 
contingencies: 

For  unemployment  benefits,  with  the  exception  of 
mariners: 

For  non-contributory  old-age  and 
pensions: 

invalidity 

Instituto  Nacional  de  Seguridad  Social 
Institute  of  Social  Security), Madrid. 

(National 

Instituto  Social  de 
Institute), Madrid. 

la  Marina 

(Mariners'  Social 

Instituto  Nacional  de  Empleo  (National  Institute  of 
Employment), Madrid. 

Instituto Nacional  de  Servicios Sociales  (National  Social 
Services Institute), Madrid. 

574/72  -  91 

1. 

In  general: 

E.  FRANCE 

Centre  de  sécurité  sotiale  des 
(Centre 
Workers),  Paris. 

for 

the  Social  Security  of 

travailleurs  migrants 
the  Migrant 

For  the  miners'  scheme  invalidity,  old-age  and 
death  (pensions): 

Caisse  autonome  nationale  de  sécurité  social  dans  les 
mines  (National  Independent  Social  Security  Fund  for 
Miners),  Paris. 

1. 

In  general: 

2. 

Unemployment,  family  allowances: 

3. 

For  mariners: 

1. 

2. 

Benefits  in  kind: 

Cash  benefits: 

(a)  Old-age  and  death  (pensions): 

(b)  Family  benefits: 

F.  GREECE 

'IÔQuua Koivarvixûjv  Ao(J)a"ûa£OJV (IKA), AHrjva  (Social 
Insurance  Institute,  Athens). 

OQYaviCTUôç  Ajiaoxo/VrjoEuiç 
AHrjva  (Labour  Employment  Office,  Athens). 

EQYaTixau 

(OAEA), 

NcruTixo  Arcouaxixo 
(Mariners'  Retirement  Fund,  Piraeus). 

TOUEIO 

(NAT) 

nEioaiàç 

G. 

IRELAND 

Department  of  Health,  Dublin. 

Department  of  Social  Welfare,  Pensions  Services  Office, 
Sligo; 

Department  of  Social  Welfare,  Child  Benefit  Section,  St. 
Oliver  Plunkett  Road,  Letterkenny,  Co.  Donegal; 

(c) 

other  cash  benefits: 

Department  of  Social  Welfare,  Dublin. 

Sickness  (including  tuberculosis),  maternity: 

H. 

ITALY 

A.  Employed  persons: 

(a) 

benefits  in  kind: 

(b) 

cash  benefits: 

B. 

Self-employed  persons: 

benefits  in  kind: 

Accidents  at  work  and  occupational  diseases: 

A.  Employed  persons: 

Ministero  della  sanità  (Ministry  of  Health),  Roma, 

Istituto  nazionale  della  previdenza  sociale,  direzione 
générale  (Directorate-General  of  the  National  Social 
Welfare  Institution),  Roma; 

Ministero  della  sanità  (Ministry  of  Health),  Roma. 

(a) 

benefits  in  kind: 

Ministero  della  sanità  (Ministry  of  Health),  Roma; 

(b)  prostheses 

appliances, 
and  major 
statutory  medical  benefits,  examinations 
and  certified  statements  relating  thereto 
and  cash  benefits: 

Istituto  nazionale  per  l'assicurazione  contro  gli  infortuni 
sul  lavoro,  direzione  générale  (Directorate-General  of 
the  National  Institution  for  Insurance  against  Accidents 
at  Work),  Roma. 

574/72  -  92 

Self-employed  persons  (for  medical  radiolo 
gists only): 

(a)  benefits  in kind: 

Ministero della  sanità  (Ministry  of  Health), Roma; 

(b)  prostheses 

and  major 
benefits 

medico-legal 
and 
examinations  and  certificates: 

appliances, 
related 

(c)  cash  benefits: 

3. 

Invalidity,  old-age, 
family allowances: 

survivprs,  unemployment, 

Istituto  nazionale per  l'assicurazione  contro gli  infortuni 
sul  lavoro,  direzione  générale  (Directorate-General  of 
the  National  Institution  for  Insurance  against  Accidents 
at Work), Roma; 

Istituto  nazionale per  l'assicurazione  contro gli  infortuni 
sul  lavoro,  direzione  générale  (Directorate-General  of 
the  National  Institution for Insurance  against  Accidents 
at  Work), Roma. 

Istituto  nazionale  della  previdenza  sociale,  direzione 
générale  (Directorate-General  of  the  National  Social 
Welfare  Institution), Roma. 

I.  LUXEMBOURG 

FOR  THE  GRANTING  OF  BENEFITS 

1. 

Sickness, maternity: 

2. 

Invalidity, old-age, death  (pensions): 

(a) 

for  manual workers: 

Union  des  caisses  de 
association), Luxembourg. 

maladie 

(sickness 

funds' 

Établissement  d'assurance  contre 
(Old-Age 
l'invalidité 
Institution), Luxembourg; 

and 

la  vieillesse  et 
Insurance 

Invalidity 

(b) 

for  clerical  staff  and  members  of  the 
professions: 

Caisse  de  pension  des  employés  privés  (Pension  Fund 
for  Clerical  staff  in the Private  Sector), Luxembourg; 

(c) 

for  self-employed  persons  engaged  in a 
craft 
in 
in 
manufacture: 

trading  or 

industry, 

(d) 

for  self-employed  persons  engaged  in 
agriculture: 

Accidents  at  work and  occupational  diseases: 

(a) 

employed 

for 
persons  engaged 
forestry: 

and 
self-employed 
in  agriculture  or 

(b) 

for  all  other  cases  of  insurance  on  a 
compulsory  or  optional  basis: 

Unemployment: 

Family  benefits: 

Death  grants: 

Caisse  de  pension  des  artisans,  des  commerçants  et 
industriels  (Pension  Fund  for  Craftsmen,  Tradesmen 
and  Manufacturers),  Luxembourg; 

Caisse de pension agricole (Agricultural  Pensions Fund), 
Luxembourg. 

Association  d'assurance  contre  les  accidents,  section 
agricole  et  forestière  (Accident  Insurance  Association, 
Agricultural  and Forestry  Department), Luxembourg; 

Association  d'assurance  contre  les  accidents,  section 
industrielle  (Accident  Insurance  Association,  Industrial 
Department),  Luxembourg. 

Administration  de 
Luxembourg. 

l'emploi 

(Employment  Service), 

Caisse  nationale  des  prestations  familiales  (National 
Fund for  Family  Benefits),  Luxembourg. 

(a) 

for  the  purposes  of  applying  Article 66 
of  the  Regulation: 

(b) 

in other  cases: 

Union  des  caisses  de  maladie 
association), Luxembourg; 

(sickness 

funds' 

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

574/72 -  93 

II.  OTHER  CASES: 

Inspection  générale  de  la  sécurité  sociale  (General 
Inspectorate  for  Social Security), Luxembourg. 

1. 

Sickness,  maternity,  invalidity,  accidents  at  work, 
occupational  diseases, and  unemployment: 

J. NETHERLANDS 

(a)  benefits  in kind: 

(b)  cash benefits: 

2.  Old-age, death  (pensions), family  benefits: 

(a)  as a general  rule: 

(b)  dealings with  Belgium: 

(c)  dealings with  Germany: 

Ziekenfondsraad  (Sickness Funds Council), Amstelveen; 

Nieuwe  Algemene  Bedrifjsvereniging 

(New  General 

Professional  and Trade Association), Amsterdam. 

(Social  Insurance  Bank), 

Sociale  Verzekeringsbank 
Postbus  1100, 1180 BH Amstelveen; 
Bureau  voor  Belgische  Zaken  de  sociale  verzekering 
betreffende  (Department  of  Belgian  Social  Security 
Affairs),  Breda; 

Bureau  voor  Duitse  zaken  (Department  of  German 
Affairs),  Nijmegen. 

1. 

Sickness, accident  and  pension  insurance: 

K.  AUSTRIA 

Hauptverband  der  ôsterreichischen  Sozialversicherung-
stràger (Main Association  of Austrian  Insurance  Institu 
tions), Wien. 

2.  Unemployment  insurance: 

(a)  Dealing with  Germany: 

(b) 

In  all other  cases: 

Family  benefits: 

(a)  Family  benefits  witii  the  exception  of  Karen 

zurlaubsgeld  (special  maternity  allowance): 

(b)  Karenzurlaubsgeld  (special  maternity  allow 

ance): 

(i) 

relations with  Germany: 

(ii) 

in  all  other  cases: 

Landesgeschàftsstelle  Salzburg  des  Arbeitsmarktservice 
(Regional  Office  of 
the  Labour  Market  Service 
Salzburg), Salzburg; 

Landesgeschàftsstelle  Wien  des  Arbeitsmarktservice 
(Regional  Office  of 
the  Labour  Market  Service, 
Vienna), Wien. 

Bundesministerium  fiir  Jugend  und  Familie  (Federal 
Ministry of Youth and  the Family), Wien; 

Landesgeschàftsstelle  Salzburg  des  Arbeitsmarktservice 
(Salzburg regional  office  of  the Labour Market Service), 
Salzburg, 

Landesgeschàftsstelle  Wien  des  Arbeitsmarktservice 
(Vienna  regional  office  of  the  Labour  Market  Service), 
Wien. 

With relation  to  all legislation, schemes  and branches of 
social  security referred  to in Article 4 of  the Regulation:  Departamento de Relaçôes Intemacionais  e Convençôes 
de  Segurança  Social  (Department  of  International 
Relations  and Social Security  Conventions), Lisboa. 

L.  PORTUGAL 

574/72  -  94 

M.  FINLAND 

L 

Sickness  and  maternity 
insurance,  national 
pensions,  family  benefits,  unemployment  benefits 
and death grants: 

2.  Employment pension: 

3.  Accidents  at work, occupational diseases: 

Kansanelàkelaitos/Folkpensionsanstalten  (Social  Insur 
ance Institution), Helsinki. 

Elàketurvakeskus/Pensionsskyddscentralen 
Pension Insurance  Institute), Helsinki. 

(Central 

Tapaturmavakuutuslaitosten  Liitto/Olyckfallsfôrsakrings-
anstalternas FOrbund (Federation  of  Accident  Insurance 
Institutions), Helsinki. 

N.  SWEDEN 

1.  For  all  contingencies  except  unemployment 

benefits: 

2. 

For unemployment benefits: 

Riksfôrsâkringsverket 
Board). 

(National 

Social 

Insurance 

Arbetsmarknadsstyrelsen 
Board). 

(National  Labour  Market 

O.  UNITED KINGDOM 

Great Britain: 
(a)  contributions  and  benefits 

workers: 

in  kind  for  posted 

(b)  all other  questions: 

Northern  Ireland: 

Gibraltar: 

Department  of  Social  Security,  Contributions  Agency, 
Overseas  Contributions,  Newcastle 
upon  Tyne, 
NE98 1YX 

Department  of  Social  Security,  Benefits  Agency, 
Overseas Branch,  Newcastle  upon Tyne, NE98 1YX. 

Department  of  Health  and  Social  Services,  Northern 
Ireland  Social  Security  Agency,  Overseas  Branch, 
Belfast,  BT1 1DX. 

Department  of  Social  Security,  Benefits  Agency, 
Overseas Branch,  Newcastle  upon  Tyne, NE98 1YX. 

574/72 -  95 

ANNEX5 

(A)  (B)  (4) (7) (9) (12)  (13) (14)  (15) 

IMPLEMENTING  PROVISIONS  OF BILATERAL CONVENTIONS WHICH REMAIN IN FORCE 

(Articles 4 (5), 5,53 (3), 104,105 (2), 116,121 and  122 of  the implementing  Regulation) 

General  observations 

I.  Whenever  the  provisions  set  out  in  this  Annex  refer  to  the  provisions  of  Conventions  or  of  Regulations  No  3, 
No  4  or  No  36/63/EEC,  those  references  shall  be  replaced  by  references  to  the  corresponding  provisions  of 
the  Regulation  or  of  the  implementing  Regulation,  unless  the  provisions  of  those  Conventions  remain  in  force 
by virtue  of  their  inclusion  in  Annex  II  to  the  Regulation. 

II. 

The  denunciation  clause  contained  in  a  Convention,  certain  provisions  of  which  are  included  in  this  Annex, 
shall  remain  in  force  in  respect  of  the  said  provisions. 

1. 

BELGIUM-DENMARK 

The  Arrangement  of  23  November  1978  on  the  reciprocal  waiving  of  reimbursement  pursuant  to  Article  36 
(3)  (sickness  and  maternity  benefits  in  kind)  of  the  Regulation  and  Article  105  (2)  (costs  of  administrative 
checks  and  medical  examinations)  of  the  implementing  Regulation. 

2. 

BELGIUM-GERMANY 

(a) 

(b) 

(c) 

Administrative  Arrangement  No  2  of  20  July  1965  on  the  implementation  of  the  Complementary 
Agreement  No  3  to  the  General  Convention  of  7 December  1957  (payment  of  pensions  for  the  period 
prior  to  the  entry  into  force  of  the  Convention). 

Article  9  (1)  of  the  Agreement  of  20  July  1965  concerning  the  implementation  of  Regulations  No  3 
and  No  4  of  the  Council  of  the  European  Economic  Community,  concerning  social  security  for 
migrant  workers. 

The  Agreement  of  6  October  1964  on  the  refund  of  benefits  in  kind  provided  to  pensioners  who  were 
formerly  frontier  workers,  implementing  Article  14  (3)  of  Regulation  No  36/63/EEC  and  Article  73 
(4)  of  Regulation  No  4  of  the  Council  of  the  European  Economic  Community. 

(d) 

The  Agreement  of  29  January  1969  on  the  recovery  of  social  contributions. 

(e) 

The  Agreement  of  4  December  1975  on  the  waiving  of  reimbursement  of  the  amount  of  benefits 
provided  to  unemployed  persons. 

3. 

BELGIUM-SPAIN 

None. 

4. 

BELGIUM-FRANCE 

_ 

(a) 

(b) 

(c) 

The  Arrangement  of  22  December  1951  on  the  implementation  of  Article  23  of  the  Complementary 
Agreement  of  17 January  1948  (workers  in  mines  and  similar  undertakings). 

The  Administrative  Arrangement  of  21  December  1959  supplementing 
the  Administrative 
Arrangement  of  22  December  1951 made  pursuant  to  Article  23  of  the  Complementary  Agreement  of 
17 January  1948  (workers  in  mines  and  similar  undertakings). 

The  Agreement  of  8  July  1964  on  the  refund  of  benefits  in  kind  provided  to  pensioners  who  were 
formerly  frontier  workers,  implementing  Article  14  (3)  of  Regulation  No  36/63/EEC  and  Article  73 
(4)  of  Regulation  No  4  of  the  Council  of  the  European  Economic  Community. 

(d) 

The  Agreement  of  4  July  1984  relating  to  medical  examinations  of  frontier  workers  resident  in  one 
country  and  working  in  the  other. 

574/72  -  96 

(e) 

(f) 

(g) 

(h) 

The  Agreement  of  14  May  1976  on  the  waiving  of  reimbursement  of  the  costs  of  administrative 
implementing 
checks  and  medical  examinations,  adopted  pursuant 
Regulation. 

to  Article  105  (2)  of 

the 

The  Agreement  of  3  October  1977  implementing  Article  92  of  Regulation  (EEC)  No  1408/71 
(recovery  of  social  security  contributions). 

The  Agreement  of  29  June  1979  concerning  the  reciprocal  waiving  of  reimbursement  provided  for  in 
Article  70  (3)  of  the  Regulation  (costs  of  unemployment  benefit). 

The  Administrative  Arrangement  of  6  March  1979  on  the  procedures  for  the  implementation  of  the 
Additional  Convention  of  12  October  1978  on  social  security  between  Belgium  and  France  in  respect 
of  its  provisions  relating  to  self-employed  persons. 

(i) 

The  exchange  of  letters  of  21  November  1994  and  8  February  1995  concerning  the  procedures  for  the 
settlement  of  reciprocal  claims  pursuant  to  Articles  93, 94, 95  and  96  of  the  implementing  Regulation. 

BELGIUM-GREECE 

None. 

BELGIUM-IRELAND 

The  exchange  of  letters  of  19  May  and  28  July  1981  concerning  Articles  36  (3)  and  70  (3)  of  the  Regulation 
(reciprocal  waiving  of  reimbursement  of  the  costs  of  benefits  in  kind  and  of  unemployment  benefits  under  the 
provisions  of  Chapters  1  and  6  of  Title  III  of  the  Regulation)  and  Article  105  (2)  of  the  implementing 
Regulation  (reciprocal  waiving  of  reimbursement  of 
the  costs  of  administrative  checks  and  medical 
examinations). 

BELGIUM-ITALY 

(a) 

(b) 

(c) 

(d) 

(e) 

Articles  7,  8,  9,  10,  12,  13,  14,  15,  17,  18,  19,  the  second  and  third  paragraphs  of  Article  24  and 
Article  28  (4)  of  the  Administrative  Arrangement  of  20  October  1950,  as  amended  by  Corrigendum  1 
of  10  April  1952,  Corrigendum  2 of  9  December  1957  and  Corrigendum  3  of  21  February  1963. 

Articles  6,  7,  8  and  9  of  the  Agreement  of  21  February  1963  in  so  far  as  they  concern 
the 
implementation  of  Regulations  No  3  and  No  4  of  the  Council  of  the  European  Economic  Community 
on  social  security  for  migrant  workers. 

The  Agreement  of  12  January  1974  for  the  implementation  of  Article  105  (2)  of  the  implementing 
Regulation. 

The  Agreement  of  31  October  1979  for 
Regulation. 

the  purposes  of  Article  18  (9)  of  the 

implementing 

The  exchange  of  letters  of  10  December  1991  and  10  February  1992 concerning  the  reimbursement  of 
reciprocal  claims  under  Article  93  of  the  implementing  Regulation. 

BELGIUM-LUXEMBOURG 

(a) 

(b) 

(c) 

The  Agreement  of  28  January  1961  on  the  recovery  of  social  security  contributions. 

The  Agreement  of  1 August  1975  on  the  waiver  of  reimbursement  provided  for  in  Article  36  (3)  of 
Council  Regulation  (EEC)  No  1408/71  of  14 June  1971  in  the  case  of  expenditure  on  benefits  in  kind 
granted  under  sickness  and  maternity  insurance  to  members  of  the  family  of  a  worker  who  do  not 
reside  in  the  same  country  as  the  worker. 

The  Agreement  of  16  April  1976  on  the  waiving  of  reimbursement  of  the  costs  of  administrative 
checks  and  medical  examinations,  adopted  pursuant 
implementing 
Regulation. 

to  Article  105  (2)  of 

the 

(d) 

(e) 

(f) 

574/72  -  97 

9. 

BELGIUM-NETHERLANDS 

(a) 

Articles  9  to  15  and  17  (4)  of  the  Agreement  of  7  February  1964  on  family  and  childbirth  allowances. 

(b) 

The  Agreement  of  21  March  1968  on  the  collection  and  recovery  of  social  security  contributions,  and 
the  Administrative  Agreement  of  25  November  1970 made  pursuant  to  the  said  Agreement. 

(c) 

Agreement  of  24  December  1980  on  sickness  insurance  (health  care),  as  amended 

(d) 

The  Agreement  of  12 August  1982  on  insurance  for  sickness,  maternity  and  invalidity. 

10. 

BELGIUM-AUSTRIA 

None. 

11. 

BELGIUM-PORTUGAL 

None. 

12. 

BELGIUM-FINLAND 

Does  not  apply. 

13. 

BELGIUM-SWEDEN 

Does  not  apply. 

14. 

BELGIUM-UNITED  KINGDOM 

(a) 

(b) 

The  exchange  of  letters  of  4  May  and  14  June  1976  regarding  Article  105  (2)  of  the  implementing 
Regulation 
the  costs  of  administrative  checks  and  medical 
examinations). 

reimbursement  of 

(waiving  of 

The  exchange  of  letters  of  18  January  and  14  March  1977  regarding  Article  36  (3)  of  the  Regulation 
(arrangement  for  reimbursement  or  waiving  of  reimbursement  of  the  costs  of  benefits 
in  kind 
provided  under  the  terms  of  Chapter  1 of  Title  III  of  the  Regulation)  as  amended  by  the  exchange  of 
letters  of  4  May  and  23  July  1982  (agreement  for  reimbursement  of  costs  incurred  under  Article  22 
(1)  (a)  of  the  Regulation). 

15. 

DENMARK-GERMANY 

(a) 

Articles  8  to  14  of  the  Arrangement  of  4  June  1954  on  the  implementation  of  the  Convention  of  14 
August  1953. 

(b) 

The  Agreement  of  27  April  1979  concerning: 

(i) 

the partial reciprocal waiving of costs of reimbursement  provided  for in Articles 36 (3) and 63 (3) of 
the  Regulation  and  the  reciprocal  waiving of  reimbursement  provided  for  in  Article  70 (3) of  the 
Regulation  and  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 costs of reimbursement in respect of unemployment benefit  and 
administrative  checks  and  medical  examinations); 

(ii) 

Article  93 (6) of  the  implementing  Regulation  (method  of assessing  the  amount  to be refunded  in 
respect  of benefits  in kind  for sickness and  maternity). 

574/72  -  98 

16. 

DENMARK-SPAIN 

Agreement  of  1 July  1990  on  the  partial  reciprocal  waiving  of  reimbursement  provided  for  in  Articles  36  (3) 
and  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). 

17. 

DENMARK-FRANCE 

The  Agreement  of  29  June  1979  waiving  the  reimbursement  of  benefits  in  kind  in  respect  of  sickness, 
maternity  and  accidents  at  work,  with  the  exception  of  benefits  granted  pursuant  to  Articles  28,  28a,  29  (1) 
and  31  of  the  Regulation,  the  Agreement  of  29  June  1979  waiving  the  reimbursement  of  unemployment 
benefits  and  the  Agreement  of  29  June  1979 waiving  the  reimbursement  of  the  costs  of  administrative  checks 
and  medical  examinations. 

18. 

DENMARK-GREECE 

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

19. 

DENMARK-IRELAND 

The  exchange  of  letters  of  22  December  1980  and  11  February  1981  on 
the  retiprocal  waiving  of 
reimbuisement  of  the  costs  of  benefits  in  kind  granted  under  insurance  for  s.ckness,  maternity,  accidents  at 
work  and  occupational  diseases,  and  of  unemployment  benefits  and  of  the  costs  of  administrative  checks  and 
medical  examinations  (Articles  36  (3).  63  (3),  and  IV, (3)  of  ths  Regulation  and  Article  105  (2)  of  the 
implementing  Regulation). 

20. 

DENMARK-ITALY 

The  exchange  of  letters  of  12  November  1982  and  12  January  1983  concerning  Article  36  (3)  of  the 
Regulation  (reciprocal  waiving  of  reimbursement  of  costs  of  benefits  in  kind  for  sickness  and  maternity 
provided  under  the  terms  of  Chapter  1 of  Title  III  of  the  Regulation  with  the  exception  of  Article  22  (1)  (c) 
of  the  Regulation). 

21. 

DENMARK-LUXEMBOURG 

The  Agreement  of  19  June  1978  concerning  the  reciprocal  waiving  of  reimbursement  provided  for  in  Article 
36  (3),  63  (3)  and  70  (3)  of  the  Regulation  and  Article  105  (2)  of  the  implementing  Regulation  (costs  of 
benefits  in  kind  for  sickness,  maternity,  accidents  at  work  and  occupational  diseases,  costs  of  unemployment 
benefit  and  costs  of  administrative  checks  and  medical  examinations). 

22. 

DENMARK-NETHERLANDS 

(a) 

(b) 

The  exchange  of  letters  of  30  March  and  25  April  1979  regarding  Article  36  (3)  and  63  (3)  of  the 
Regulation  (partial  reciprocal  waiving  of  reimbursement  of  costs  of  benefits  YR kind  for  sickness, 
maternity,  accidents  at  work  and  occupational  diseases). 

The  exchange  of  letters  of  30  March  and  25 April  1979  regarding  Article  70  (3)  of  the  Regulation  and 
Article  105  (2)  of  the  implementing  Regulation  (waiver  of  reimbursement  of  costs  of  benefits  paid 
pursuant 
the  Regulation  and  of  costs  of  administrative  checks  and  medical 
examinations). 

to  Article  69  of 

574/72  -  99 

23. 

DENMARK-AUSTRIA 

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

24. 

DENMARK-PORTUGAL 

Does  not  apply. 

25. 

DENMARK-FINLAND 

-  Article  23  of  the  Nordic  Convention  on  social  security  of  15  June  1992:  agreement  on  the  retiprocal  waiver 
of  refunds  pursuant  to  Articles  36  (3),  63  (3)  and  70  (3)  of  the  Regulation  (costs  of  benefits  in  kind  in 
respect  of  sickness  and  maternity,  accidents  at  work  and  occupational  diseases,  and  unemployment  benefits) 
(costs  of  administrative  checks  and  medical 
and  Article  105  (2)  of 
examinations). 

implementing  Regulation 

the 

26. 

DENMARK-SWEDEN 

Article  23  of  the  Nordic  Convention  on  social  security  of  15  June  1992:  agreement  on  the  retiprocal  waiver 
of  refunds  pursuant  to  Articles  36  (3),  63  (3)  and  70  (3)  of  the  Regulation  (costs  of  benefits  in  kind  in 
respect  of  sickness  and  maternity,  accidents  at  work  and  occupational  diseases,  and  unemployment  benefits) 
(costs  of  administrative  checks  and  medical 
and  Article  105  (2)  of 
examinations). 

implementing  Regulation 

the 

27. 

DENMARK-UNITED  KINGDOM 

1. 

The  exchange  of  letters  of  30  March  and  19  April  1977  as  modified  by  an  exchange  of  letters  of  8 
November  1989  and  of  10  January  1990  shall  be  added  in  point  1  after  19  April  1977  regarding 
Articles  36  (3),  63  (3)  and  70  (3)  of  the  Regulation  and  Article  105  (2)  of  the 
implementing 
Regulation  (waiving  of  reimbursement  of  the  costs  of: 

(a) 

benefits  in kind provided  under  the  terms of  Chapter  1 or 4 of Title  III of  the  Regulation; 

(b) 

(c) 

administrative  checks  and  medical  examinations  referred  to  in  Article  105  of  the  implementing 
Regulation). 

2. 

The  exchange  of  letters  of  5  March  and  10  September  1984  relating  to  the  non-application 
self-employed  persons  of  agreements  regarding 
benefits  paid  pursuant  to  Article  69  of  the  Regulation,  in  dealings  with  Gibraltar. 

to 
the  waiver  of  reimbursement  of  unemployment 

28. 

GERMANY-SPAIN 

Agreement  of  25  June  1990  relating  to  the  reimbursement  of  costs  for  benefits  in  kind  in  the  case  of 
sicknesss. 

29. 

GERMANY-FRANCE 

(a) 

(b) 

(c) 

Articles  2  to  4  and  22  to  28  of  Administrative  Arrangement  No  2  of  31  January  1952  on  the 
implerrientation  of  the  General  Convention  of  10 July  1950. 

Article  1 of  the  Agreement  of  27 June  1963 on  the  implementation  of  Article  74  (5)  of  Regulation  No 
4  (refund  of  benefits  in  kind  provided  to  the  members  of  the  families  of  insured  persons). 

The  Agreement  of  14  October  1977  concerning  the  waiving  of  reimbursement  provided  for  in  Article 
70  (3)  of  the  Regulation  (costs  of  unemployment  benefit). 

574/72  -  100 

(d) 

(e) 

(f) 

The  Agreement  of  26  May  1981  concerning  Article  36  (3)  of  the  Regulation  (reciprocal  waiving  of 
reimbursement  of  the  costs  of  benefits  in  kind  in  case  of  sickness,  provided  under  Article  32  of  the 
Regulation  to  pensioners  who  were  formerly  frontier  workers,  to  members  of  their  families  or  to  their 
survivors). 

The  Agreement  of  26 May  1981 implementing  Article  92 of  the  Regulation  (collection  and  recovery  of 
social  security  contributions). 

The  Agreement  of  26  May  1981  concerning  the  implementing  of  Article  105  (2)  of  the  implementing 
Regulation  (reciprocal  waiving  of  reimbursement  of  the  costs  of  administrative  and  medical  controls). 

30. 

GERMANY-GREECE 

(a) 

Articles  1  and  3  to  6  of  the  Administrative  Arrangement  of  19  October  1962  and  the  Second 
Administrative  Arrangement  of  23  October  1972  concerning 
the  convention  on  unemployment 
insurance  of  31  May  1961. 

(b) 

The  Agreement  of  11  May  1981  concerning  the  reimbursement  of  family  allowances. 

(c) 

The  Agreement  of  11  March  1982  on  the  reimbursement  of  the  costs  of  benefits  in  kind  for  sickness. 

31. 

GERMANY-IRELAND 

The  Agreement  of  20  March  1981  concerning  Articles  36  (3),  63  (3)  and  70  (3)  of  the  Regulation  (retiprocal 
waiving  of  reimbursement  of  the  costs  of  benefits  in  kind  in  respect  of  sickness,  maternity,  actidents  at  work 
and  occupational  diseases,  and  of  unemployment  benefits)  and  Article  105  (2)  of 
implementing 
Regulation  (retiprocal  waiving  of  reimbursement  of  the  costs  of  administrative  and  medical  controls). 

the 

32. 

GERMANY-ITALY 

(a) 

(b) 

(c) 

Article  14,  Article  17  (1),  Articles  18  and  42,  Article  45  (1)  and  Article  46  of  the  Administrative 
Arrangement  of  6  December  1953  on  the  implementation  of  the  Convention  of  5  May  1953  (payment 
of  pensions). 

Articles  1  and  2  of  the  Agreement  of  27  June  1963  on  the  implementation  of  Article  73  (4)  and  74 
(5)  of  Regulation  No  4  (refund  of  benefits  in  kind  provided  to  members  of  the  families  of  insured 
persons). 

The  Agreement  of  5  November  1968  on  the  refund,  by  the  German  competent  institutions,  of 
expenditure  incurred  in  the  provision  of  benefits  in  kind  in  Italy  by  Italian  sickness 
insurance 
institutions  to  the  members  of  the  families  of  Italian  workers  insured  in  the  Federal  Rep_ublic  of 
Germany. 

33. 

GERMANY-LUXEMBOURG 

(a) 

(b) 

(c) 

Articles  1  and  2  of  the  Agreement  of  27  June  1963  on  the  implementation  of  Articles  73  (4)  and  74 
(5)  of  Regulation  No  4  (refund  of  benefits  in  kind  provided  to  members  of  the  families  of  insured 
persons). 

The  Agreement  of  9  December  1969  on  the  waiver  of  the  refund,  provided  for  in  Article  14  (2)  of 
Regulation  No  36/63/EEC,  of  expenditure  incurred  in  the  provisions  of  benefits  in  kind  for  sickness  to 
a  pensioner  who  is  either  a  former  frontier  worker  or  the  survivor  of  a  frontier  worker,  and  to  the 
members  of  his  family. 

The  Agreement  of  14  October  1975  on  the  waiving  of  reimbursement  of  the  costs  of  administrative 
checks  and  medical  examinations,  adopted  pursuant 
implementing 
Regulation. 

to  Article  105  (2)  of 

the 

574/72 -  101 

(d) 

The  Agreement  of  14  October  1975  on  the  collection  and  recovery  of  social  security  contributions. 

(e) 

The  Agreement  of  25  January  1990  relating  to  the  application  of  Articles  20  and  22  (1)  (b)  and  (c)  of 
the  Regulation. 

34. 

GERMANY-NETHERLANDS 

(a) 

(b) 

Articles  9,  10  (2)  to  (5),  17,  18,  19  and  21  of  Administrative  Arrangements  No  1 of  18 June  1954  on 
the  Convention  of  29  March  1951  (sickness  insurance  and  payment  of  pensions). 

The  Agreement  of  27  May  1964  on  the  waiver  of  the  refund  of  expenditure  incurred  in  medical 
examinations  and  administrative  checks  regarding  insurance  for  invalidity,  old-age  and  survivors 
(pension  insurance). 

(c) 

The  Agreement  of  21  January  1969  on  the  recovery  of  social  insurance  contributions. 

(d) 

The  Agreement  of  3  September  1969  on  the  waiver  of  the  refund,  provided  for  in  Article  14  (2)  of 
Regulation  No  36/63/EEC,  of  expenditure  incurred  in  the  provision  of  benefits  in  kind  for  sickness  to 
a  pensioner  who  is  either  a  former  frontier  worker  or  the  survivor  of  a  frontier  worker,  and  to  the 
members  of  his  family. 

(e) 

The  Agreement  of  22  July  1976  on  the  waiving  of  reimbursement  of  unemployment  benefits. 

(f) 

(g) 

(h) 

The  Agreement  of  11  October  1979  implementing  Article  92  of  the  Regulation  (minimum  amounts 
stipulated  for  the  recovery  of  social  security  contributions). 

The  Agreement  of  1  October  1981  regarding  the  reimbursements  of  the  cost  of  benefits  in  kind 
referred  to  in  Articles  93, 94  and  95  of  the  implementing  Regulation. 

The  Agreement  of  15  February  1982 on  the  implementation  of  Article  20  of  the  Regulation  in  respect 
of  members  of  the  families  of  frontier  workers. 

35. 

GERMANY-AUSTRIA 

Section  II,  Number  1,  and  Section  III  of  the  Arrangement  of  2  August  1979  on  the  implementation  of  the 
Convention  on  unemployment  insurance  of  19 July  1978. 

36. 

GERMANY-PORTUGAL 

None. 

37. 

GERMANY-FINLAND 

None. 

38. 

GERMANY-SWEDEN 

None. 

39. 

GERMANY-UNITED  KINGDOM 

_ 

(a) 

(b) 

(c) 

Articles  8,  9,  25  to  27  and  29  to  32  of  the  Arrangement  of  10 December  1964  on  the  implementation 
of  the  Agreement  of  20  April  1960. 

The  Agreement  of  29  April  1977  concerning  the  waiving  of  the  reimbursement  of  costs  of  benefits  in 
kind  for  sickness,  maternity,  accidents  at  work  and  occupational  diseases,  costs  of  unemployment 
benefit  and  costs  of  administrative  checks  and  medical  examinations. 

The  exchange  of  letters  of  18  July  and  28  September  1983  relating  to  the  non-application 
to 
self-employed  persons  of  agreements  concerning  the  waiver  of  reimbursement  of  unemployment 
benefits  paid  pursuant  to  Article  69  of  the  Regulation,  in  dealings  with  Gibraltar. 

574/72  -  102 

40. 

SPAIN-FRANCE 

None. 

41. 

SPAIN-GREECE 

Does  not  apply. 

42. 

SPAIN-IRELAND 

Does  not  apply. 

43. 

SPAIN-ITALY 

None. 

44. 

SPAIN-LUXEMBOURG 

None. 

45. 

SPAIN-NETHERLANDS 

None. 

46. 

SPAIN-AUSTRIA 

None. 

47. 

SPAIN-PORTUGAL 

Articles  42,  43  and  44  of  the  Administrative  Arrangement  of  22  May  1970. 

48. 

SPAIN-FINLAND 

None. 

49. 

SPAIN-SWEDEN 

None. 

50. 

SPAIN-UNITED  KINGDOM 

None. 

51. 

FRANCE-GREECE 

No  convention. 

52. 

FRANCE-IRELAND 

The  exchange  of  letters  of  30 July  and  26  September  1980 concerning  retiprocal  waiver  of  the  reimbursement 
of  unemployment  benefits  (Article  70  (3)  of  the  Regulation). 

53. 

FRANCE-ITALY 

(a) 

(b) 

(c) 

Articles  2  to  4  of  the  Administrative  Arrangement  of  12  April  1950  on  the  implementation  of  the 
General  Convention  of  31  March  1948  (increase  of  French  pensions  for  accidents  at  work). 

The  exchange  of  letters  of  14  May  and  2  August  1991  concerning  the  terms  for  settling  reciprocal 
claims  under  Article  93  of  the  implementing  Regulation. 

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. 

574/72 -  103 

54. 

FRANCE-LUXEMBOURG 

(a) 

(b) 

(c) 

The  Agreement  of  24  February  1962  concluded  pursuant  to  Article  51  of  Regulation  No  3,  and  the 
Administrative  Arrangement  of  the  same  date  made  pursuant  to  the  said  Agreement. 

The  Agreement  of  2  July  1976  on  the  waiving  of  reimbursement,  provided  for  in  Article  36  (3)  of 
Council  Regulation  (EEC)  No  1408/71  of  14  June  1971,  of  the  costs  of  sickness  or  maternity 
insurance  benefits  in  kind  provided  to  members  of  a  worker's  family  who  do  not  reside  in  the  same 
country  as  the  worker. 

The  Agreement  of  2  July  1976  on  the  waiving  of  reimbursement,  provided  for  in  Article  36  (3)  of 
Council  Regulation  (EEC)  No  1408/71  of  14  June  1971,  of  the  costs  of  sickness  or  maternity 
insurance  benefits  in  kind  provided  to  former  frontier  workers,  the  members  of  their  families  or  their 
survivors. 

(d) 

The  Agreement  of  2  July  1976  on  the  waiving  of  reimbursement  of  the  costs  of  administrative  checks 
and  medical  examinations  provided  for  in  Article  105  (2)  of  Council  Regulation  (EEC)  No  574/72  of 
21  March  1972. 

55. 

FRANCE-NETHERLANDS 

(a) 

. .. 

(b) 

The  Agreement  of  28  April  1977  on  the  waiving  of  reimbursement  of  expenses  for  medical  treatment 
provided  to  applicants  for  a  pension  and  members  of  their  families  and  to  members  of  the  families  of 
pensioners  within  the  framework  of  the  Regulations. 

(c) 

The  Agreement  of  28  April  1977  on  the  waiving  of  reimbursement  of  the  costs  of  administrative 
checks  and  medical  examinations  pursuant  to  Article  105  of  the  implementing  Regulation. 

56. 

FRANCE-AUSTRIA 

None. 

57. 

FRANCE-PORTUGAL 

None. 

58. 

FRANCE-UNITED  KINGDOM 

(a) 

The  exchange  of  letters  of  25  March  and  28  April  1977  regarding  Articles  36  (3)  and  63  (3)  of  the 
Regulation  (arrangement  for  reimbursement  or  waiving  of  reimbursement  of  the  costs  of  benefits  in 
kind  provided  under  the  terms  of  Chapter  1 or  4 of  Title  III  of  the  Regulation). 

(b) 

.  . . 

(c) 

The  exchange  of  letters  of  25  March  and  28 April  1977  regarding  Article  105  (2)  of  the  implementing 
Regulation 
the  costs  of  administrative  checks  and  medical 
examinations). 

reimbursement  of 

(waiving  of 

59. 

GREECE-IRELAND 

No  convention. 

60. 

GREECE-ITALY 

No  convention. 

61. 

GREECE-LUXEMBOURG 

No  convention. 

574/72 -  104 

62. 

GREECE-NETHERLANDS 

The  exchange  of  letters  of  8  September  1992  and  30  June  1993  concerm'ng  the  methods  of  reimbursement 
between  institutions. 

63. 

GREECE-AUSTRIA 

None. 

64. 

GREECE-PORTUGAL 

Does  not  apply. 

65. 

GREECE-FINLAND 

None. 

66. 

GREECE-SWEDEN 

None. 

67. 

GREECE-UNITED  KINGDOM 

No  convention. 

68. 

IRELAND-ITALY 

No  convention. 

69. 

IRELAND-LUXEMBOURG 

The  exchange  of  letters  of  26  September  1975  and  5  August  1976  concerning  Articles  36  (3)  and  63  (3)  of 
the  Regulation  and  Article  105  (2)  of  the  implementing  Regulation  (waiving  of  reimbursement  of  the  costs  of 
benefits  in  kind  provided  pursuant  to  Chapter  1  or  4  of  Title  III  of  the  Regulation,  and  of  the  costs  of 
administrative  checks  and  medical  examinations  referred  to  in  Article  105  of  the  implementing  Regulation). 

70. 

I R E I ^ T O - N E T H E R L A N DS 

(a) 

(b) 

The  exchange  of  letters  of  28  July  and  10  October  1978  regarding  Articles  36  (3)  and  63  (3)  of  the 
Regulation  (partial  reciprocal  waiving  of  reimbursement  of  costs  of  benefits  in  kind  for  sickness, 
maternity,  accidents  at  work  and  occupational  diseases). 

The  Exchange  of  Letters  of  22  April  and  27  July  1987  concerning  Article  70  (3)  of  the  Regulation 
(waiving  of  costs  of  reimbursement  in  respect  of  benefits  awarded  in  application  of  Article  69  of  the 
Regulation)  and  Article  105  (2)  of  the  implementing  Regulation  (waiving  of  the  reimbursement  of  the 
costs  of  administrative  checks  and  medical  examinations 
the 
implementing  Regulation). 

in  Article  105_ of 

referred 

to 

71. 

IRELAND-AUSTRIA 

None. 

72. 

IRELAND-PORTUGAL 

Does  not  apply. 

73. 

IRELAND-FINLAND 

Does  not  apply. 

74. 

IRELAND-SWEDEN 

Does  not  apply. 

574/72  -  105 

75. 

IRELAND-UNITED  KINGDOM 

The  exchange  of  letters  of  9  July  1975  regarding  Articles  36  (3)  and  63  (3)  of  the  Regulation  (arrangement 
for  reimbursement  or  waiving  of  reimbursement  of  the  costs  of  benefits  in  kind  provided  under  the  terms  of 
Chapter  1 or  4  of  Title  III  of  the  Regulation)  and  Article  105  (2)  of  the  implementing  Regulation  (waiving  of 
reimbursement  of  the  costs  of  administrative  checks  and  medical  examinations). 

76. 

ITALY-LUXEMBOURG 

Article  4  (5)  and  (6)  of  the  Administrative  Arrangement  of  19 January  1955  on  the  implementing  provisions 
of  the  General  Convention  on  Social  Security  (sickness  insurance  for  agricultural  workers). 

77. 

ITALY-NETHERLANDS 

(a) 

The  third  paragraph  of  Article  9  and  the  third  paragraph  of  Article  11  of  the  Administrative 
Arrangement  of  11  February  1955  on  the  implementation  of  the  General  Convention  of  28  October 
1952  (sickness  insurance). 

(b) 

The  Agreement  of  27  June  1963  on  the  implementation  of  Article  75  (3)  of  Regulation  No  4  (refund 
of  benefits  in  kind  awarded  to  pensioners  and  to  members  of  their  families). 

78. 

ITALY-AUSTRIA 

None. 

79. 

ITALY-PORTUGAL 

Does  not  apply. 

80. 

ITALY-FINLAND 

Does  not  apply. 

81. 

ITALY-SWEDEN 

None. 

82. 

ITALY-UNITED  KINGDOM 

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). 

-

83. 

LUXEMBOURG-NETHERLANDS 

(a) 

(b) 

The  Agreement  of  1 November  1976  on  the  waiving  of  reimbursement  of  the  costs  of  administrative 
checks  and  medical  examinations  adopted  pursuant  to  Article  105 (2)  of  the  implementing  Regulation. 

The  Agreement  of  3  February  1977  on  the  waiving  of  reimbursement  of  the  costs  of  sickness  or 
maternity  insurance  benefits  in  kind  provided  pursuant  to  Articles  19 (2),  26, 28  and  29  (1)  of  Council 
Regulation  (EEC)  No  1408/71  of  14 June  1971. 

(c) 

The  Agreement  of  20  December  1978  relating  to  the  perception  and  the  recovery  of  social  insurance 
contributions. 

84. 

LUXEMBOURG-AUSTRIA 

Agreement  of  22  June  1995  on  the  reimbursement  of  expenditure  in  the  field  of  social  security. 

574/72  -  106 

85. 

LUXEMBOURG-PORTUGAL 

None. 

86. 

LUXEMBOURG-FINLAND 

Reimbursement  — arrangement  of 24 February  1994 under  Articles 36 (3)  and  63 (3) of  the Regulation. 

87. 

LUXEMBOURG-SWEDEN 

None. 

88. 

LUXEMBOURG-UNITED  KINGDOM 

(a) 

(b) 

The  exchange  of  letters  of  28  November  and  18  December  1975  regarding  Article  70  (3)  of  the 
Regulation  (waiving of  reimbursement  of benefits  paid  pursuant  to Article  69 of  the  Regulation). 

The  exchange  of  letters  of  18 December  1975  and  20 January  1976  regarding  Articles  36 (3)  and  63 
(3)  of  the  Regulation  and  Article  105 (2)  of  the implementing  Regulation  (waiving of  reimbursement 
of  costs of benefits  in kind  provided  under  the  terms of  Chapter  1 or 4 of  Title  III  of  the  Regulation, 
and  also of  the costs entailed  in administrative  checks  and medical  examinations  referred  to in Article 
105 of  the implementing  Regulation). 

(c) 

The  exchange  of  letters  of  18  July  and  27  October  1983  relating  to  the  non-application  of  the 
agreement  detailed  at  (a)  to self-employed  persons  moving between  Luxembourg  and  Gibraltar. 

89. 

NETHERLANDS-AUSTRIA 

Agreement  of  17 November  1993 on  the  refund  of social security costs. 

90. 

NETHERLANDS-PORTUGAL 

(a) 

Articles 33 and  34 of  the  Administrative  Arrangement  of 9 May 1980. 

(b) 

The  agreement  of  11 December  1987 concerning  the reimbursement  of benefits  in kind  in  the  case of 
sickness  and  maternity. 

91. 

NETHERLANDS-FINLAND 

Reimbursement  — arrangement  of  26 January  1994 under  Articles 36 (3) and  63 (3)  of  the  Regulation. 

92. 

NETHERLANDS-SWEDEN 

None. 

93. 

NETHERLANDS-UNITED  KINGDOM 

(a) 

(b) 

(c) 

(d) 

The  second  sentence  of  Article  3  of  the  Administrative  Arrangement  of  12  June  1956  on  the 
implementation  of  the  Convention  of  11 August  1954. 

The  exchange  of  letters of  8 and  28 January  1976 regarding Article  70 (3)  of  the  Regulation  (waiving 
of  reimbursement  of benefits  provided  pursuant  to Article  69 of  the  Regulation). 

The  exchange  of  letters  of  18  July  and  18  October  1983  relating  to  the  non-application  of  the 
agreement  detailed  at  (b)  to self-employed  persons  moving between  the Netherlands  and  Gibraltar. 

The  exchange  of  letters  of  25  April  and  26  May  1986  concerning  Article  36  (3)  of  the  Regulation 
(reimbursement  or waiver  of  reimbursement  of expenditure  for  benefits  in kind), as  amended. 

574/72  -  107 

94. 

AUSTRIA-PORTUGAL 

None. 

95. 

AUSTRIA-FINLAND 

Agreement  of  23  June  1994  on  the  reimbursement  of  expenditure  in  the  field  of  social  security. 

96. 

AUSTRIA-SWEDEN 

Arrangement  of  22  December  1993  on  the  reimbursement  of  costs  in  the  field  of  social  security. 

97. 

AUSTRIA-UNITED  KINGDOM 

(a) 

(b) 

Article  18  (1)  and  (2)  of  the  Arrangement  of  10  November  1980  for  the  implementation  of  the 
Convention  on  sotial  security  of  22  July  1980  as  amended  by  Supplementary  Arrangements  No  1 of 
26  March  1986  and  No  2  of  4  June  1993  with  regard  to  persons'who  cannot  claim  treatment  under 
Chapter  1 of  Title  III  of  th»î  Regulation. 

Article  18  (1)  of  the  said  Arrangement  with  regard  to  persons  who  can  claim  treatment  under 
Chapter  1  of  Title  HI  of  the  Regulation  on  the  understanding  that  for  Austrian  nationals  resident  in 
the  territory  of  Austria  and  for  nationals  of  the  United  Kingdom  resident  in  the  territory  of  the 
United  Kingdom  (with  the  exception  of  Gibraltar)  the  relevant  passport  shall  replace  the  form  E  111 
for  all  benefits  covered  by  that  form. 

(c) 

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

98. 

PORTUGAL-FINLAND 

Does  not  apply. 

99. 

PORTUGAL-SWEDEN 

None. 

100. 

PORTUGAL-UNITED  KINGDOM 

Articles  3  and  4  of  the  Annex  to  the  Administrative  Arrangement  of  31  December  1981  for  the  application 
of  the  Protocol  on  medical  treatment  of  15  November  1978. 

101. 

FINLAND-SWEDEN 

Article  23  of  the  Nordic  Convention  on  social  security  of  15  June  1992:  agreement  on  the  retiprocal  waiver 
of  refunds  pursuant  to  Articles  36  (3),  63  (3)  and  70  (3)  of  the  Regulation  (costs  of  benefits  in  kind  in 
respect  of  sickness  and  maternity,  accidents  at  work  and  occupational  diseases,  and  unemployment  benefits) 
and  Article  105  (2)  of 
(costs  of  administrative  checks  and  medical 
examinations). 

implementing  Regulation 

the 

102. 

FINLAND-UNITED  KINGDOM 

None. 

103. 

SWEDEN-UNITED  KINGDOM 

None. 

574/72  -  108 

ANNEX  6 

(A) (B)(4)  (7) (13) 

PROCEDURE FOR THE PAYMENT OF BENEFITS 

(Articles 4 (6), 53 (1) and  122 of the Implementing  Regulation) 

General  observation 

Payments  of  arrears  and  other  single  payments, shall  in  printiple  be  made  through  the  liaison  bodies.  Current  and 
sundry  payments  shall  be  made  in  accordance  with  the  procedure  set  out  in  this  Annex. 

A 

BELGIUM 

Direct  payment. 

B. 

DENMARK 

Direct  payment. 

C. 

GERMANY 

1. 

Pension  insurance  for  manual  workers  (invalidity,  old-age,  death): 

(a) 

(b) 

Dealings  with  Belgium,  Denmark,  Greece,  Spain,  France,  Ireland,  Italy,  Luxembourg,  Portugal 
and  the  United  Kingdom:  direct  payment; 

dealings  with  the  Netherlands:  payment  through  the  liaison  bodies  (joint  implementation  of 
Articles  53  to  58  of  the  Implementing  Regulation  and  of  the  provisions  set  out  in  Annex  5). 

2. 

Pension  insurance  for  clerical  staff  and  miners  (invalidity,  old-age,  death): 

(a) 

(b) 

dealings  with  Belgium,  Denmark,  Spain,  France,  Greece,  Ireland,  Italy,  Luxembourg,  Portugal 
and  the  United  Kingdom:  direct  payment; 

dealings  with  the  Netherlands:  payment  through  the  liaison  bodies  (joint  implementation  of 
Articles  53  to  58  of  the  Implementing  Regulation  and  of  the  provisions  set  out  in  Annex  5). 

3. 

4. 

Old-age  insurance  for  farmers:  direct  payment. 

Accident  insurance: 

(a) 

dealings  with  Spain,  Greece,  Italy,  the  Netherlands  and  Portugal:  payment  through  the  liaison 
bodies  (joint  implementation  of  Articles  53  to  58  of  the  implementing  Regulation  and  of  the 
provisions  set  out  in  Annex  5); 

(b) 

dealings with  Belgium,  Denmark,  France, Ireland,  Luxembourg  and  the  United  Kingdom:  direct 
payment,  unless  otherwise  provided  for  in  particular  cases. 

D. 

SPAIN 

Direct  payment. 

E. 

FRANCE 

1. 

All  schemes  with  the  exception  of  the  mariners'  scheme:  direct  payment. 

2. 

Mariners'  scheme:  payment  by  the  paying  authority  of  the  Member  States  wherein  the  person  entitled 
to  benefits  resides. 

E 

GREECE 

Direct  payment. 

574/72 -  109 

G. 

IRELAND 

Direct  payment. 

H. 

ITALY 

(a) 

Employed  persons: 

1. 

Pensions  for  invalidity,  old-age  and  survivors: 

(a) 

dealings  with  Belgium,  Denmark,  Spain,  France  (excluding  the  French  Miners'  Funds), 
Greece, Ireland,  Luxembourg,  the  Netherlands,  Portugal  and  the  United  Kingdom:  direct 
payment; 

(b) 

dealings  with  the  Federal  Republic  of  Germany  and  the  French  Miners'  Funds:  payment 
through  liaison bodies; 

2. 

Pensions  for  accidents  at  work  and  occupational  diseases:  direct  payment; 

(b) 

Self  employed persons:  direct  payment 

I. 

LUXEMBOURG 

Direct  payment. 

J. 

NETHERLANDS 

1. 

2. 

Dealings  with  Belgium,  Denmark,  Spain,  France,  Greece,  Ireland,  Italy,  Luxembourg,  Portugal  and  the 
United  Kingdom:  direct  payment. 

Dealings  with  the  Federal  Republic  of  Germany:  payment  through  liaison  bodies  (implementation  of 
the  provisions  set  out  in  Annex  5). 

K. 

AUSTRIA 

Direct  payment. 

L. 

PORTUGAL 

Direct  payment. 

M. 

FINLAND 

Direct  payment. 

N. 

SWEDEN 

Direct  payment. 

O. 

UNITED  KINGDOM 

Direct  payment. 

574/72  -  110 

ANNEX  7  (A)(B) 

BANKS 

(Articles 4 (7), 55 (3) and 122 of the implementing Regulation) 

A.  BELGIUM: 

B.  DENMARK: 

C.  FEDERAL  REPUBLIC  OF 

GERMANY: 

D.  SPAIN: 

E.  FRANCE: 

F.  GREECE: 

G. 

H. 

I. 

J. 

K. 

L. 

M. 

IRELAND: 

ITALY: 

LUXEMBOURG: 

NETHERLANDS: 

AUSTRIA 

PORTUGAL: 

FINLAND 

Danmarks  Nationalbank  (National  Bank of  Denmark), Kobenhavn. 

Deutsche  Bundesbank  (Federal  Bank of  Germany), Frankfurt  am Main. 

Banco Exterior  de  Espana  (External  Bank  of Spain),  Madrid. 

Banque  de France  (Bank  of  France), Paris. 

TocutEÇa TT|Ç EXXdôaç, AHrjva  (Bank  of  Greece), Athens. 

Central  Bank of Ireland,  Dublin. 

Banca Nazionale  del Lavoro  (National  Labour  Bank), Roma. 

Caisse d'épargne  (Savings Bank), Luxembourg. 

none. 

Osterreichische Nationalbank  (National  Bank of  Austria), Wien 

Banco de  Portugal  (Bank  of Portugal), Lisboa. 

Postipankki  Oy,  Helsinki/Postbanken  Ab,  Helsingfors  (Postipankki,  Ltd. 
Helsinki). 

N.  SWEDEN 

none. 

O.  UNITED  KINGDOM: 

Great Britain: 

Bank of  England,  London 

Northern  Ireland: 

Northern  Bank  Limited,  Belfast 

Gibraltar: 

Barclays Bank,  Gibraltar. 

5 7 4 / 7 2-  111 

ANNEX  fi 

(B) 

GRANT OF FAMILY BENEFITS 

(Articles 4 (8), 10a (d) and  122 of  the implementing  Regulation) 

Article  10a  (d)  of  the  implementing  Regulation  is  applicable  to: 

A 

Employed  persons  and  self-employed  persons 

(a) 

with  a  reference  period  of  one  calendar  month  in  dealings  between: 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

Belgium  and  Germany, 

Belgium  and  Spain, 

Belgium  and  France, 

Belgium  and  Greece, 

Belgium  and  Ireland, 

Belgium  and  Luxembourg, 

Belgium  and  Austria, 

Belgium  and  Portugal, 

Belgium  and  Finland, 

Belgium  and  Sweden, 

Belgium  and  the  United  Kingdom, 

Germany  and  Spain, 

Germany  and  France, 

Germany  and  Greece, 

Germany  and  Ireland, 

Germany  and  Luxembourg, 

Germany  and  Austria, 

Germany  and  Finland, 

Germany  and  Sweden, 

Germany  and  the  United  Kingdom, 

Spain  and  Austria, 

Spain  and  Finland, 

Spain  and  Sweden, 

France  and  Luxembourg, 

France  and  Austria, 

France  and  Finland, 

France  and  Sweden, 

Ireland  and  Austria, 

Ireland  and  Sweden, 

Luxembourg  and  Austria, 

Luxembourg  and  Finland, 

Luxembourg  and  Sweden, 

the  Netherlands  and  Austria, 

the  Netherlands  and  Finland, 

the  Netherlands  and  Sweden, 

Austria  and  Portugal, 

Austria  and  Finland, 

Austria  and  Sweden, 

5 7 4 / 7 2-  112 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

Austria  and  the  United  Kingdom, 

Portugal  and  France, 

Portugal  and  Ireland, 

Portugal  and  Luxembourg, 

Portugal  and  Finland, 

Portugal  and  Sweden, 

Portugal  and  the  United  Kingdom, 

Finland  and  Sweden, 

Finland  and  the  United  Kingdom, 

Sweden  and  the  United  Kingdom. 

(b) 

with  a  reference  period  of  a  quarter  of  a  calendar  year  in  dealings  between: 

— 

— 

Denmark  and  Germany, 

the  Netherlands  and  Germany, .Denmark,  France,  Luxembourg,  Portugal. 

B. 

Self-employed  persons 

With  a  reference  period  of  a  quarter  of  a  calendar  year  in  dealings  between: 

— 

Belgium  and  the  Netherlands. 

C. 

Employed  persons 

With  a  reference  period  of  one  calendar  month  in  dealings  between: 

— 

Belgium  and  the  Netherlands. 

574/72  -  113 

ANNEX9 

(A)  (B)(2)  (12)  (14) 

CALCULATION OF THE AVERAGE ANNUAL COST OF BENEFITS IN KIND 

(Articles 4 (9), 94 (3) (a)  and 95 (3) (a) of  the implementing  Regulation) 

A 

BELGIUM 

The  general  social  security  scheme  shall  be  taken  into  consideration  when  calculating  the  average  annual  cost 
of  benefits  in  kind. 

However,  for  the  purposes  of  applying  Articles  94  and  95  of  the  implementing  Regulation  to  cases  in  which 
Article  35  (2)  of  the  Regulation  applies,  the  scheme  for  compulsory  health  care  insurance  for  self-employed 
persons  shall  be  taken  into  consideration  when  calculating  the  average  annual  cost  of  benefits  in  kind. 

B. 

DENMARK 

The  average  annual  costs  of  benefits  in  kind  shall  be  calculated  by  taking  into  account  the  schemes  set  up  by 
the  law  on  the  public  health  service,  the  law  on  hospital  and,  in  respect  of  the  cost  of  rehabilitation,  the  law 
on  sotial  assistance. 

C. 

GERMANY 

The  following  institutions  shall  be  taken  into  consideration  when  calculating  the  average  annual  cost  of 
benefits  in  kind. 

1. 

For  the  purposes  of  applying  Article  94  (3)  (a)  of  the  implementing  Regulation: 

(a) 

Ortskrankenkassen  (Local  Sickness  Funds) 

(b) 

Betriebskrankenkassen  (Sickness  Funds  of  Undertakings) 

(c) 

Innungskrankenkassen  (Sickness  Funds  for  Trade  Guilds) 

(d) 

(e) 

(f) 

Bundesknappschaft  (Federal  Insurance  Fund  for  Miners) 

Seekasse  (Mariners'  Insurance  Fund) 

Ersatzkassen  fur  Arbeiter  (Compensatory  Funds  for  Manual  Workers) 

(g) 

Ersatzkassen  fiir  Angestellte  (Compensatory  Funds  for  Clerical  Staff) 

(h) 

Landwirtschaftliche  Krankenkassen  (Agricultural  Sickness  Funds) 

depending  on  the  fund  which  provided  the  benefits. 

2. 

For  the  purpose  of  applying  Article  95  (3)  (a)  of  the  implementing  Regulation: 

(a) 

Ortskrankenkassen  (Local  Sickness  Funds) 

(b) 

Bundesknappschaft  (Federal  Insurance  Fund  for  Miners) 

depending  on  the  fund  which  provided  the  benefits. 

D. 

SPAIN 

The  annual  average  cost  of  benefits  in  kind  is  calculated  by  taking  into  consideration  the  benefits  granted  by 
the  National  Health  Service  of  Spain. 

E. 

FRANCE 

The  general  social  security  scheme  shall  be  taken  into  consideration  when  calculating  the  average  annual  cost 
of  benefits  in  kind. 

F. 

GREECE 

The  general  social  security  scheme  administered  by  the 
'IÔQUua  Koivarvixcbv  Ao(j>aXiaEQ)v  (IKA)  (Social 
Insurance  Institute)  shall  be  taken  into  consideration  when  calculating  the  average  annual  cost  of  benefits  in 
kind. 

G. 

IRELAND 

The  average  annual  cost  of  benefits  in  kind  shall  be  calculated  by  taking  into  consideration  the  benefits  in 
kind  (health  services)  provided  by  the  Health  Boards  mentioned  in  Annex  2,  in  accordance  with  the 
provisions  of  the  Health  Acts  1947  to  1970. 

H. 

ITALY 

The  average  annual  cost  of  benefits  in  kind  shall  be  calculated  by  taking  into  account  the  benefits  granted  by 
the  national  health  service  in  Italy. 

574/72 -  114 

I. 

LUXEMBOURG 

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

J.  NETHERLANDS 

The general  social security scheme shall be taken  into consideration when calculating  the  average  annual cost 
of benefits  in kind. 

A  reduction  shall, however, be  made  to  allow for  the  effects  of: 

1. 

2. 

invalidity insurance  (arbeidsongeschiktheidsverzekering, WAO); 

insurance  against  special sickness costs (verzekering  tegen bijzondere  ziektekosten, AWBZ). 

K. 

AUSTRIA 

The  average  annual  cost  of  benefits  in  kind  shall  be  calculated  by  taking  into  consideration  the  benefits 
provided  by the  Gebietskrankenkassen  (Regional  Funds for  Sickness Insurance). 

L. 

PORTUGAL 

The  annual average cost of benefits  in kind is calculated by taking into consideration  the benefits  provided by 
the official  Health Services. 

M. 

FINLAND 

The  average  annual  cost  of benefits  in kind  shall be  calculated  by taking  into  account  the  schemes of  public 
health  and hospital  services and  the refunds  under  the sickness insurance  and  rehabilitation  services provided 
by Kansanelàkelaitos/Folkpensionsanstalten  (Social Insurance  Institution), Helsinki. 

N. 

SWEDEN 

The  annual  average  cost  of  benefits  in kind  is calculated  by  taking  into  consideration  the  benefits  provided 
under  the  national  social  insurance  scheme. 

O. 

UNITED  KINGDOM 

The  average  annual  cost  of  benefits  in  kind  shall  be  calculated  by  taking  into  consideration  the  benefits 
provided  by the  National  Health  Service of  the  United  Kingdom. 

574/72 -  115 

ANNEX  10 

(A)  (B) (2) (3) (7) (8) (9) (12) (13) (14)  (15) 

INSTITUTIONS AND BODIES DESIGNATED  BY THE COMPETENT AUTHORITIES 

(Article 4 (10) of  the implementing  Regulation) 

A  BELGIUM 

For  the  purposes  of  applying  Article  10b  of  the  implementing  Regulation: 

Employed  persons: 

Self-employed  persons: 

For  the  purposes  of  applying  Article  14  of  the 
Regulation  and  Articles  11  (1)  (a)  and  (2)  and 
12a,  13  and  14  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Article  14b  (1)  of 
the  Regulation  and  Article  11 of  the  implementing 
Regulation: 

For  the  purposes  of  applying  Article  14a  of  the 
Regulation  and  Articles  11a  (1)  (a)  and  12a  of  the 
implementing  Regulation: 

3a. 

For  the  purposes  of  applying  Article  14c  of  the 
Regulation  and  Article  12a  of  the  implementing 
Regulation: 

Employed  persons: 

Self-employed  persons: 

For  the  purposes  of  applying  Article  17  of  the 
Regulation,  and: 

—  Article  11  (1) 
Regulation: 

(b)  of 

the 

implementing 

—  Article  11a  (1)  (b)  of 

the 

implementing 

Regulation: 

For  the  purposes  of  applying  Articles  80  (2),  81, 
implementing 
82  (2),  85 
Regulation: 

(2)  and  88  of 

the 

(a) 

In  general: 

(b)  For  mariners: 

The 
insurance 
person  was  insured; 

institution  with  which 

the  employed 

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

Office  national  de 
sotiale,  Bruxelles  — 
Rijksdienst  voor  Maatscheppelijke  Zekerheid,  Brussel 
—  (National  Social  Security  Office,  Brussels). 

sécurité 

Caisse  de  secours  et  de  prévoyance  en  faveur  des 
marins  —  Hulp-  en  voorzorgskas  voor  zeevarenden  — 
(Relief  and  Welfare  Fund  for  Mariners),  Antwerpen. 

Institut  national  d'assurance  sociales  pour  travailleurs 
indépendants,  Bruxelles  —  Rijksinstituut  voor  de  sociale 
verzekeringen  der  zelfstandigen,  Brussel  —  (National 
Social 
the  Self-Employed, 
Brussels). 

Insurance 

Institute 

for 

Office  national  de 
sotiale,  Bruxelles  — 
Rijksdienst  voor  Maatscheppelijke  Zekerheid,  Brussel 
—  (National  Social  Security  Office,  Brussels); 

sécurité 

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

relations 

Ministère  de  la  prévoyance  sociale,  secrétariat  général, 
service  des 
internationales,  Bruxelles  — 
Ministerie  van  Sociale  Voorzorg,  Secretariaat-General, 
Internationale  Betrekkingen,  Brussel  — 
Dienst 
(Ministry 
for  Social  Welfare,  General  Secretariat, 
International  Relations  Department,  Brussels); 

sociales,  Bruxelles  —  Ministerie 

Ministère  des  classes  moyennes  —  Administration  des 
van 
affaires 
Middenstand,  Administratie  Sociale  Zaken,  Brussel  — 
(Ministry  for  Small  Firms  and  Traders  —  Social  Affairs, 
Brussels). 

Office  national  de  l'emploi,  Bruxelles  —  Rijksdienst 
voor  Arbeidsvoorziening, 
(National 
Employment  Office,  Brussels); 

Brussel  — 

Pool  des  marins  de  la  marine  marchande  —  Pool  van 
de  zeelieden  ter  koopvaardij  —  (Merchant  Navy  Pool), 
Antwerpen. 

' 

574/72-  116 

6. 

For  the  purposes  of  applying  Article  102  (2)  of 
the  implementing  Regulation: 

(a)  Sickness,  maternity  and  accidents  at  work: 

(i) 

in  general: 

(ii) 

for  persons  covered  by  the  overseas 
social  insurance  scheme: 

(iii)  for  former  employees  of  the  Belgian 

Congo  and  Rwanda-Urundi: 

(b)  Occupational  diseases: 

(c)  Unemployment: 

(i) 

in  general: 

(ii) 

for  mariners: 

7. 

For  the  purposes  of  applying  Article  113  (2)  of 
the  implementing  Regulation: 

national 

maladie-invalidité, 
Institut 
Bruxelles  — 
Ziekteen 
voor 
Invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institute,  Brussels), 

d'assurance 
Rijksinstituut 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sotiale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels), 

Office  de  sécurité  sociale  d'outre-mer,  Bruxelles  — 
Dienst  voor  overzeese  sociale  zekerheid,  Brussel  — 
(Overseas  Social  Insurance  Office,  Brussels); 

Fonds  des  maladies  professionelles,  Bruxelles  —  Fonds 
voor  beroepsziekten,  Brussel  —  (Occupational  Diseases 
Fund,  Brussels); 

Office  national  de  l'emploi,  Bruxelles  —  Rijksdienst 
voor 
(National 
Employment  Office,  Brussels), 

arbeidsvoorziening, 

Brussel  — 

Pool  des  marins  de  la  marine  marchande  —  Pool  van 
de  zeelieden  ter  koopvaardij  —  (Merchant  Navy  Pool), 
Antwerpen. 

national 

maladie-invalidité, 
Institut 
Bruxelles  — 
en 
ziékte- 
invaliditeitsverzekering,  Brussel  —  (National  Sickness 
and  Invalidity  Insurance  Institute,  Brussels). 

Rijksinstituut 

d'assurance 

voor 

B.  DENMARK 

For 
the  purposes  of  applying  Article  11  (1), 
Article  11a  (1),  Article  12a,  Article  13  (2)  and  (3) 
and  Article 
the 
implementing  Regulation: 

(3)  of 

and 

(1), 

(2) 

14 

For  the  purposes  of  applying  Article  113  (2)  of 
the  implementing  Regulation: 

For  the  purposes  of  Articles  14  (1)  (b),  14a  (1) 
(b)  and  14b  (1)  and  (2)  of  the  Regulation: 

For  the  purposes  of  Article  17  of  the  Regulation 
and 
implementing 
10b  of 
Regulation: 

of  Article 

the 

For  the  purposes  of  applying  Articles  38  (1),  70 
(1)  and  82  (2)  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Articles  80  (2),  81 
and  85  (2)  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Article  102  (2)  of 
the  implementing  Regulation: 

(a) 

(b) 

reimbursements  pursuant  to  Articles  36  and 
63  of  the  Regulation: 

refunds  in  pursuance  of  Article  70  (2)  of  the 
Regulation: 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Social  Security  and  Welfare),  Kobenhavn; 

Sundhedsministeriet  (Ministry  of  Health),  Kobenhavn. 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Sotial  Security  and  Welfare),  Kobenhavn. 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Social  Security  and  Welfare),  Kobenhavn. 

The  social  commission  of  the  commune  in  which  the 
beneficiary  resides.  In  the  communes  of  Kobenhavn, 
Odense,  Aalborg 
(the 
communal  administration). 

and  Ârhus:  Magistraten 

Direktoratet  for  Arbejdsloshedsforsikringen 
for 
Office 
Kobenhavn. 

Insurance 

against 

(National 
Unemployment), 

Sundhedsministeriet  (Ministry  of  Health),  Kobenhavn; 

Direktoratet 
Office 
for 
Kobenhavn. 

for  Arbejdsloshedsforsikringen 

Insurance 

against 

(National 
Unemployment), 

5 7 4 / 7 2-  117 

For  the  purposes  of  applying  Article  110  of  the 
implementing  Regulation: 

(a)  benefits  under  Chapter  1  and  5  of  Title  m 

of  the  Regulation: 

Sundhedsministeriet  (Ministry  of  Health),  Kobenhavn; 

(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: 

(c)  benefits  in  pursuance  of  Chapter  4  of  Title 

III  of  the  Regulation: 

(d)  benefits  in  pursuance  of  Chapter  6  of  Title 

III  of  the  Regulation: 

Direktoratet  for  Social  Sikring  og  Bistand  (National 
Office  for  Social  Security  and  Welfare),  Kobenhavn; 

Arbejdsskadestyrelsen  (National  Office  for  Accidents  at 
Work  and  Occuptional  Diseases),  Kobenhavn; 

Direktoratet  for  Arbejdsloshedsforsikringen  (Unemploy 
ment  Insurance  Office),  Kobenhavn. 

C.  GERMANY 

1.  For  the  purposes  of  applying  Article  6  (1)  of  the 

implementing  Regulation: 

(a)  depending  upon  the  nature  of  the  activity 

last  pursued: 

(b)  where  it  is  not  possible  to  determine 

the 

nature  of  the  last  activity: 

(c) 

to  Netherlands 
persons  who,  pursuant 
legislation,  have  been 
the 
general  old-age  insurance  scheme  (Algemene 
Ouderdomswet)  whilst  they  were  pursuing  an 
activity  which  was  not  subject  to  compulsory 
insurance  under  German  legislation: 

insured  under 

2.  For  the  purposes  of  applying: 

the  pension  insurance  institutions  for  manual  workers 
and  clerical  staff  specified  in  Annex  2  for  the  different 
Member  States; 

the  pension  insurance  institutions  for  manual  workers 
specified  in  Annex  2  for  the  different  Member  States; 

Bundesversicherungsanstalt 
Insurance  Office  for  Clerical  Staff),  Berlin. 

fiir  Angestellte 

(Federal 

(a)  Articles  14  (1)  (a),  14b  (1)  of  the  Regulation 
and  in  the  case  of  agreements  pursuant  to 
Article  17  of  the  Regulation,  in  conjunction 
with  Article 
implementing 
Regulation, 

11  of 

the 

(b)  Articles  14a  (1)  (a)  and  14b  (2)  and  in  the 
case  of  agreements  pursuant  to  Article  17  of 
the  Regulation,  in  conjunction  with  Article 
11a  of  the  implementing  Regulation, 

(c)  Articles  14  (2)  (b),  14  (3),  14a  (2)  to  (4), 
and  14c  (a)  and  in  the  case  of  agreements 
pursuant  to  Article  17  of  the  Regulation,  in 
conjunction  with  Article 
the 
implementing  Regulation: 

12a 

of 

(i) 

persons  insured  with  sickness  insurance: 

the  institution  with  which  he  is  insured; 

(ii)  persons  not 

insured  with 

sickness 

insurance: 

employed  persons: 

for  manual  workers: 

Bundesversicherungsanstalt 
Insurance  Office  for  Clerical  Staff),  Berlin, 

fiir  Angestellte 

(Federal 

the  competent  pension  insurance  institution  for  manual 
workers. 

574/72 -  118 

3.  For  the  purposes  of  applying  Articles  14  (1)  (b), 
14a  (1)  (b)  and  14b  (1)  (in  conjunction  with 
Article  14  (1)  (b))  Article  14b  (2)  (in  conjunction 
with  Article  14a  (1)  (b))  and  Article  17  of  the 
Regulation: 

4.  For  the  purposes  of  applying: 

(a)  Articles  13  (2)  and  (3)  and  14  (1),  (2)  and 

(3)  of  the  implementing  Regulation: 

(b)  Articles 

13 

(4) 

and 

14 

(4)  of 

the 

implementing  Regulation: 

5.  For  the  purposes  of  applying  Articles  80  (2),  81 
and  82  (2)  of  the  implementing  Regulation: 

6.  For  the  purposes  of  applying  Article  85  (2)  of  the 

implementing  Regulation: 

7.  For  the  purposes  of  applying  Article  91  (2)  of  the 

implementing  Regulation: 

(a) 

family  allowances  paid  pursuant  to  Articles 
77  and  78  of  the  Regulation: 

(b)  pension  supplements  for  children  paid  under 

legal  pension  insurance  schemes: 

8.  For  the  purposes  of  applying: 

(a)  Article  36  of  the  Regulation  and  Article  102 

(2)  of  the  implementing  Regulation: 

(b)  Article  63  of  the  Regulation  and  Article  102 

(2)  of  the  implementing  Regulation: 

(c)  Article  75  of  the  Regulation  and  Article  102 

(2)  of  the  implementing  Regulation: 

AOK-Bundesverband 
Sickness  Funds),  Bonn  2. 

(National  Federation  of  Local 

Allgemeine  Ortskrankenkasse  Bonn 
Sickness  Fund  Bonn),  Bonn; 

(Local  General 

Allgemeine  Ortskrankenkasse  Bonn 
(Local  General 
Sickness  Fund  Bonn),  Bonn,  except  where  insured  with 
a  substitute  fund  (Ersatzkasse). 

the  Arbeitsamt  (Employment  Office)  of  the  district  in 
Germany  in  which  the  worker  was  last  residing  or 
staying  or,  where  the  worker  has  neither  resided  nor 
stayed  in  Germany  whilst  working  there,  the  Arbeitsamt 
of  the  district  in  Germany  in  which  the  worker  was  last 
employed. 

the  Arbeitsamt  of  the  district  in  which  the  worker  was 
last  employed. 

Arbeitsamt  Niirnberg  (Employment  Office),  Niirnberg; 

the  pension  insurance  institutions  for  manual  workers, 
clerical  staff  and  miners,  designated  as  competent 
institutions  in  paragraph  2 of  Section  C  of  Annex  2. 

AOK-Bundesverband 
Sickness  Funds),  Bonn  2; 

(National  Federation  of  Local 

Hauptverband  der  gewerblichen  Berufsgenossenschaften 
(Federation  of  Professional  and  Trade  Associations),  St. 
Augustin; 

Bundesanstalt 
Niirnberg. 

fiir  Arbeit 

(Federal  Labour  Office), 

574/72-  119 

For  the  purposes  of  applying  Article  113  (2)  of 
the  implementing  Regulation: 

(a) 

(b) 

of  benefits 

incorrectly 
refund 
provided  to  workers  on  presentation  of  the 
certified  statement  provided  for  in  Article  20 
(2)  of  the  implementing  Regulation: 

in  kind 

of  benefits 

refund 
incorrectly 
provided  to  workers  on  presentation  of  the 
certified  statement  provided  for  in  Article  62 
(2)  of  the  implementing  Regulation: 

in  kind 

10.  For  the  purposes  of  applying  Article  14d  (3)  of 

the  Regulation: 

AOK-Bundesverband 
(National  Federation  of  Local 
Sickness  Funds),  Bonn  2, by  means  of  the  compensation 
fund  provided  for  in  paragraph  5  of  Section  C  of  Annex 
VI  to  the  Regulation; 

Hauptverband  der  gewerblichen  Berufsgenossenschaften 
(Federation  of  Professional  and  Trade  Associations),  St. 
Augustin. 

the  institution  to  which  pension  insurance  contributions 
are  paid  or  if  the  claim  is  made  together  with  or  after 
the  pension  claim  the  institution  investigating  the  claim. 

D.  SPAIN 

For  the  purposes  of  applying  Article  6  (1)  (with 
the  exception  of  the  special  agreement  with  the 
Instituto  Social  de  la  Marina  (Mariners'  Social 
Institute  concerning  mariners),  Article  13  (2)  and 
(3),  Article  14  of  the  Regulation,  Article  11  (1), 
Article  11a,  Article  12a  and  Article  109  of  the 
implementing  Regulation: 

For 
the  purposes  of  applying  Article  102  (2) 
(except  in  respect  of  mariners  and  unemployment 
benefits),  Article  110  and  Article  113  (2)  of  the 
implementing  Regulation: 

For 
the  purposes  of  applying  Article  38  (1), 
Article  70  (1),  Article  85  (2)  and  Article  86  (2)  of 
the  implementing  Regulation  save  in  respect  of 
mariners: 

For  the  purposes  of  applying  Article  6  (1)  (special 
agreement  for  mariners),  Article  38  (1)  (in  respect 
of  mariners),  Article  70  (1),  Article  80  (2),  Article 
81,  Article  82  (2),  Article  85  (2),  Article  86  (2) 
and  Article  102  (2)  (except  for  unemployment 
benefits)  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Article  102  (2)  in 
respect  of  unemployment  benefits: 

Tesoreria  General  de 
Security  General  Fund). 

la  Seguridad  Social 

(Social 

Instituto  Nacional  de  la  Seguridad  Social 
Institute  of  Social  Security),  Madrid. 

(National 

Direcciones  Provinciales  del  Instituto  Nacional  de  la 
Seguridad  Social 
the 
National  Institute  of  Social  Security). 

(Provincial  Directorates  of 

Direcciones  provinciales  del 
la 
Marina  (Provincial  Directorates  of  the  Mariners'  Social 
Institute). 

Instituto  Social  de 

Instituto  Nacional  de  Empleo  (National  Institute  for 
Employment),  Madrid. 

574/72  -  120 

6. 

For 
the  purposes  of  applying  Article  80  (2), 
Article  81  and  Article  82  (2)  of  the  implementing 
Regulation,  in  respect  of  unemployment  benefits 
except  for  mariners: 

Direcciones  Provinciales  del 
Empleo 
Institute  of  Employment). 

(Provincial  Directorates  of 

Instituto  National  de 
the  National 

E.  FRANCE 

For  the  purposes  of  applying  Article  6  (1)  of  the 
implementing  Regulation: 

For  the  purposes  of  applying  Articles  11  (1)  (a) 
and  12a  of  the  implementing  Regulation: 

Direction  régionale  de  la  sécurité  sociale  (Regional 
Directorate  of  Social  Security). 

(a)  Metropolitan  France: 

(i) 

general: 

(ii) 

agricultural  scheme: 

(iii) 

miners'  scheme: 

(iv) 

mariners'  scheme: 

(b)  Overseas  departments: 

(i) 

general: 

(ii) 

for  mariners: 

Caisse  primaire  d'assurance  maladie  (Local  Sickness 
Insurance  Fund), 

Caisse  de  mutualité  sociale  agricole  (Agricultural  Social 
Insurance  Mutual  Benefit  Fund), 

Société  de  secours  minière  (Miners'  Relief  Society), 

Section  'Caisse  de  retraite  des  marins'  du  quartier  des 
affaires 
Fund, 
Pension 
Department  of  the  Maritime  Affaire  Division); 

(Mariners' 

maritimes 

Caisse  générale  de  sécurité  sociale  (General  Social 
Security  Fund), 

Section  'Caisse  de  retraite  des  marins'  du  quartier  des 
affaires 
Fund, 
Pension 
Department  of  the  Maritime  Affairs  Division). 

(Mariners' 

maritimes 

For  the  purposes  of  applying  Articles  11a  (1)  and 
12a  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Articles  13  (2)  and 
(3)  and  14  (3)  of  the  implementing  Regulation: 

Caisses  mutuelles  régionales  (Regional  Mutual  Benefit 
Funds). 

région 
Caisse  primaire  d'assurance  maladie  de 
parisienne  (Local  Sickness  Insurance  Fund  of  the  Paris 
Region). 

la 

4a. 

For  the  purposes  of  applying  Article  14c  of  the 
Regulation  and  Article  12a  (7)  and  (8)  of  the 
implementing  Regulation: 

(a)  Article 

12a 

(7) 

of 

the 

implementing 

Regulation: 

(i) 

employment 
non-agricultural 
another  Member  State: 

in 

France 
self-employment 

and 
in 

Caisse  mutuelle  régionale  (Regional  Mutual  Benefit 
Fund), 

(ii) 

employment  in  France  and  agricultural 
self-employment 
in  another  Member 
State: 

Caisse  de  mutualité  sociale  agricole  (Agricultural  Social 
Insurance  Mutual  Benefit  Fund); 

574/72 -  121 

(b)  Article  12a 

Regulation: 

(8)  of 

the 

implementing 

(i) 

non-agricultural 
France: 

self-employment 

in 

(ii)  agricultural  self-employment  in France: 

(c) 

the 

case 

in 
non-agricultural 
self-employment  in  France  and  employment 
in  Luxembourg: 

of 

For 
the  purposes  of  applying  Article  17  in 
conjunction  with Articles  14 (1) and  14a (1) of  the 
Regulation: 

(i) 

schemes  other  than  agricultural  schemes: 

(ii)  agricultural  schemes: 

For  the  purposes  of  applying  Articles  80,  81, 82 
(2)  and  85 (2)  ot  the  implementing  Regulation: 

7. 

For  the  purposes  of  applying  Article  84  of  the 
implementing  Regulation: 

(a) 

total  unemployment: 

(b)  partial  unemployment: 

8. 

For  the  purposes  of  applying  jointly  Articles  36 
and  63  of  the  Regulation  and  Article  102  of  the 
implementing  Regulation: 

For  the  purposes  of  applying  Article  113  (2)  of 
the  implementing  Regulation: 

Caisse  mutuelle  régionale  (Regional  Mutual  Benefit 
Fund), 

Caisse  de mutualité  sociale  agricole  (Agricultural  Social 
Insurance  Mutual  Benefit  Fund); 

form  E  101  shall  be  issued  to  the  person  concerned 
who  shall  submit  it  to  the  Regional  Mutual  Benefit 
Fund. 

Direction  régionale  des  affaires  sanitaires  et  sociales 
(Regional  Directorate  of Health  and  Welfare); 

Direction  régionale  de  l'Agriculture  et  de  la  Forêt 
(Regional  Directorate  of  Agriculture  and  Forestry)  — 
Service  régional  de  l'Inspection  du  Tlavail,  de  l'Emploi 
(Regional 
et  de 
Department  of  Inspection,  of  Labour,  Employment  and 
Agricultural  Sotial  Policy), Paris. 

la  Politique  Sociale  Agricole 

la 
Direction  départementale  du 
main-d'œuvre  (Departmental Directorate  of Labour and 
Manpower)  of  the  place  in  which  the  employment  for 
which  the  certified  statement  is  requested  is  being 
pursued; 

et  de 

travail 

The  local branch  of  the Agence  nationale  pour  l'emploi 
(National  Employment  Office); 

The  town hall of  the place of residence  of  the  members 
of  the  family. 

Association  pour 
le 
l'emploi  dans 
commerce  (Assedic)  (Association  for  Employment  in 
Industry  and  Trade)  of  the  place  of  residence  of  the 
person  concerned; 

l'industrie  et 

Direction  départementale  du 
la 
main-d'œuvre  (Departmental  Directorate of Labour and 
Manpower)  of  the  place  of  employment  of  the  person 
concerned. 

et  de 

travail 

Centre  de  sécurité  sociale  des  travailleurs  migrants 
(Centre  for  the  Social  Security  of  Migrant  Workers), 
Paris; 

le 
l'emploi  dans 
Association  pour 
commerce  (Assedic)  (Association  for  Employment  in 
Industry  and Trade). 

l'industrie ~ et 

Centre  de  sécurité  sociale  des  travailleurs  migrants 
(Social  Security  Centre  of  Migrant  Workers), Paris. 

574/72  -  122 

1.  For  the4purposes of  applying Article  6 (1) of  the 

implementing Regulation: 

Iôç/uua  KOIVOJVIXOJV Aot^xxAiaearv (IKA), AHrjva 
(Social  Insurance  Institute, Athens). 

F.  GREECE 

2.  For  the  purposes  of  applying Articles  14 (1)  and 
14b  (1)  of  the  Regulation  in  conjunction  with 
Article  11 
implementing 
(a)  of 
Regulation: 

the 

(1) 

(a) 

in general: 

(b) 

for  mariners: 

3.  For  the  purposes  of  applying  Articles  14 (2)  (b) 
(i)  of  the  Regulation  and  Article  12a  (1)  of  the 
implementing Regulation: 

4.  For  the  purposes  of  applying  Articles  14a  (1) 
and  14b  (2)  of  the  Regulation  in  conjunction 
with  Article  11a  (1)  (a)  of  the  implementing 
Regulation: 

(a) 

in general: 

(b) 

for  mariners: 

4a.  For  the  purposes  of  applying  Articles  14c  of 
(EEC)  No  1408/71  and  12a  of 

Regulation 
Regulation  (EEC)  No 574/72: 

(a) 

in general: 

(b) 

for  mariners: 

5.  For  the  purposes  of  applying  Article  14d  (3)  of 

the  Regulation: 

(a) 

in general: 

(b) 

for  mariners: 

6.  For  the  purposes  of  applying  Articles  13 (2)  and 
(3)  and  14  (1)  and  (2)  of  the  implementing 
Regulation: 

7.  For  the purposes  of  applying Articles.  80 (2)  and 

85 (2)  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Article  81  of  the 
implementing  Regulation: 

For  the  purposes  of  applying  Article  102  (2)  of 
the  implementing  Regulation: 

(a) 

family  allowances,  unemployment: 

(b)  benefits  for  mariners: 

(c)  other  benefits: 

9a.  For  the  purposes  of  applying  Article  110 of  the 

implementing  Regulation: 

(a)  Family allowances,  unemployment: 

Iôç/uua KoivaMxâïv Ao<|>aX,taEtav (IKA), AHrjva 
(Social  Insurance  Institute, Athens); 

Noutixd An:ouaxix.J TapEÎo (NAT), IlEioaiàç 
(Mariners' Retirement  Fund, Piraeus). 

'Iôç/uua  KOIVOJVIXOJV AO<J>O"UOEGIV (IKA), AHrjva 
(Social  Insurance  Institute, Athens). 

Iôouua Koivojvoubv  ACKJXXMOEOJV (IKA), AHrjva 
(Social  Insurance  Institute, Athens); 

Nccuxixd Anouaxixô Taueîo (NAT), IlEipaiàç 
(Mariners' Retirement  Fund, Piraeus). 

'Iôç/uua Koivojvixdrv Aa<J>a"Uaea>v (IKA), AHrjva 
(Social  Insurance  Institute, Athens); 

Nauxixd Anouaxixo TauEio (NAT), nEtoaidç 
(Mariners'  Retirement  Fund, Piraeus). 

Iôçupa  Koivœvixtbv Ao<J>a>i.îaE(ov (IKA), AHrjva 
(Social  Insurance  Institute, Athens); 

Nauxixô Ajiouaxixd  Taucio (NAT),  rfeipaiàç 
(Mariners' Retirement  Fund, Piraeus). 

'Iôç/uua Koivarvixûrv Aa<J>aXic"Ea>v (IKA), AHrjva 
(Social  Insurance  Institute, Athens). 

Oç/Yaviopôç  AjraoxoXrjaEwç  Eç/yaxixaù  Auvauixaû 
(OAEA), AHrjva 
(Labour  Employment  Office,  Athens). 

'Iôç/uua KoivarvLxcbv Aa^xxWaecov (IKA), AHrjva 
(Social  Insurance  Institute, Athens). 

Oç/yaviouôç  AjtaoxoX.rjo£U)ç  Eç/Yaxixot»  Auvauixaû 
(OAEA), AHrjva 
(Labour  Employment  Office,  Athens); 

Oixoç Naûrou, nEiç/aiàç 
(Seamen's Home, Piraeus); 

'Iôç/uua Koivamxcov ACHJXXXLOEOV (IKA), AHrjva 
(Social  Insurance  Institute, Athens). 

OQYaviouôç  AjtaoxoArjoEaiç  EçyaTixoû  Auvauixaû 
(OAEA), AHrjva 
(Labour  Employment  Office,  Athens); 

574/72 -  123 

(b)  benefits  for  mariners: 

(c) 

other  benefits: 

10.  For  the  purposes  of  applying  Article  82  (2)  of 

the  implementing  Regulation: 

11.  For  the  purposes  of  applying  Article  113  (2)  of 

the  implementing  Regulation: 

Nauxixd  Ajiouaxixd  TauEio  (NAT),  nEipatâç 
(Mariners'  Retirement  Fund,  Piraeus); 

Iôç/uua  Koivurvixtiiv  Ao(j)aXiaEuyv  (IKA),  AHrjva 
(Social  Insurance  Institute,  Athens). 

Oç/Yaviouôç  AnaoxoX.rjaEU)ç  Eç/yaxixaù  Auvauixaû 
(OAEA),  AHrjva 
(Labour  Employment  Office,  Athens). 

(a)  mariners'  benefits: 

(b)  other  benefits: 

Nauxixd  Anouaxixô  TauEto  (NAT),  nEioaiàç 
(Mariners'  Retirement  Fund,  Piraeus); 

Iôç/uua  Koivamxdw  Ao^aXiaeaiv  (IKA),  AHrjva 
(Social  Insurance  Institute,  Athens). 

G. 

IRELAND 

For  the  purposes  of  applying  Article  14c  of  the 
Regulation,  Articles  6  (1),  11  (1),  11a  (1),  12a,  13 
(2)  and  (3),  14  (1),  (2)  and  (3),  38  (1),  70  (1),  85 
implementing 
(2),  86  (2)  and  91  (2)  of 
Regulation: 

the 

For  the  purposes  of  applying  Articles  80  (2),  81 
and  82  (2)  of  the  implementing  Regulation: 

(a)  For  the  purposes  of  applying  Articles  36  and 
63  of  the  Regulation  and  Article  102  (2)  of 
the  implementing  Regulation: 

(b) 

for  the  purposes  of  applying  Article  70  of 
the  Regulation  and  Article  102  (2)  of  the 
implementing  Regulation: 

(a)  For  the  purposes  of  applying  Article  110  of 
cash 
implementing  Regulation 

(for 

the 
benefits): 

(b) 

the  purposes  of  applying  Articles  110 
in  kind)  and  113  (2)  of  the 

for 
(for  benefits 
implementing  Regulation: 

Department  of  Social  Welfare,  Dublin. 

Department  of  Social  Welfare,  Dublin,  including  the 
provincial 
unemployment 
responsible 
benefits. 

offices 

for 

Department  of  Health,  Dublin; 

Department  of  Social  Welfare,  Dublin. 

Department  of  Social  Welfare,  Dublin; 

Eastern  Health  Board,  Dublin  8, 

Midland  Health  Board,  Tullamore,  County  Offaly, 

Mid-Western  Health  Board,  Limerick, 

North-Eastern  Health  Board,  Ceanannus  Mor,  County 
Meath, 

North-Western  Health  Board,  Manorhamilton,  County 
Leitrim, 

South  Eastern  Health  Board,  Kilkenny, 

Southern  Health  Board,  Cork, 

Western  Health  Board,  Galway. 

574/72  -  124 

H. 

ITALY 

1. 

2. 

For  the  purposes  of  applying  Article  6  (1)  of  the 
implementing  Regulation: 

For  the  purposes  of  applying  Articles  11  (1),  13 
the 
(2)  and  (3)  and  14  (1),  (2)  and  (3)  of 
implementing  Regulation: 

3. 

For  the  purposes  of  applying  Articles  11a  and  12a 
of  the  implementing  Regulation: 

for  medical  practitioners: 

for  pharmacists: 

for  veterinarians: 

for  midwives: 

for  engineers  and  architects: 

for  surveyors: 

for  solicitors  and  barristers: 

for  economists: 

for  accountants: 

for  employments  experts: 

for  notaries: 

for  customs  agents: 

For  the  purposes  of  applying  Article  38  (1)  of  the 
implementing  Regulation: 

For  the  purposes  of  applying  Articles  80  (2),  81, 
82  (2),  85  (2),  88  and  91  (2)  of  the  implementing 
Regulation: 

Ministero  del  lavoro  e  della  previdenza  sociale  (Ministry 
of  Labour  and  Sotial  Welfare),  Roma. 

Istituto  nazionale  della  previdenza  sociale  (National 
Social  Welfare  Institution),  provincial  offices. 

Ente  nazionale  di  previdenza  ed  assistenza  medici 
(National  Welfare  and  Assistance  Office  for  Medical 
Practitioners), 

Ente  nazionale  di  previdenza  ed  assistenza  farmacisti 
(National  Welfare 
for 
Pharmacists), 

and  Assistance  Office 

Ente  nazionale  di  previdenza  ed  assistenza  veterinari 
(National  Welfare 
for 
Veterinarians), 

and  Assistance  Office 

le 
Ente  nazionale  di  previdenza  ed  assistenza  per 
ostetriche  (National  Welfare  and  Assistance  Office  for 
Midwives), 

Cassa  nazionale  di  previdenza  per  gli  ingegneri  ed 
architetti  (National  Welfare  Fund  for  Engineers  and 
Architects), 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
geometri  (National  Welfare  and  Assistance  Fund  for 
Surveyors), 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore 
degli  awocati  e  dei  procuratori  (National  Welfare  and 
Assistance  Fund  for  Solicitors  and  Barristers), 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
dottori  commercialisti  (National  Welfare  and  Assistance 
Fund  for  Economists), 

Cassa  nazionale  di  previdenza  ed  assistenza  a  favore  dei 
ragionieri  e  periti  commerciali  (National  Welfare  and 
Assistance  Fund  for  Accountants), 

Ente  nazionale  di  previdenza  ed  assistanza  per 
i 
consulenti  del  lavoro  (National  Welfare  and  Assistance 
Office  for  Employment  Experts), 

Cassa  nazionale  notariato  (National  Fund  for  Notaries), 

Fondo  di  previdenza  a  favore  degli  spedizionieri  dognali 
(Welfare  Fund  for  Customs  Agents). 

Istituto  nazionale  della  previdenza  sotiale 
Social  Welfare  Institution),  provincial  offices. 

(National 

Istituto  nazionale  della  previdenza  sotiale 
Social  Welfare  Institution),  provincial  offices. 

(National 

574/72  -  125 

6. 

For  the  purposes  of  applying  Article  102  (2)  of 
the implementing Regulation: 

— 

(a) 

refunds  under Article  36 of  the  Regulation:  Ministero della  sanità  (Ministry  of  Health),  Roma; 

(b) 

refunds  under  Article  63 of  the  Regulation: 

(i)  benefits  in kind: 

Ministero della  sanità  (Ministry  of  Health), Roma, 

(ii)  prostheses  and major  appliances: 

(c) 

reimbursements  under  Article  70  of  the 
Regulation: 

7. 

For  the  purposes  of  applying  Article  113  (2)  of 
the  implementing  Regulation: 

Istituto  nazionale per  1'assicurazione contro gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accidents  at Work), Roma; 

Istituto  nazionale  della  previdenza  sociale  (National 
Social Welfare  Institution), Roma. 

(a)  sickness  (including  tuberculosis): 

Ministero della sanità  (Ministry  of  Health), Roma; 

(b)  accidents  at work  and  occupational  diseases: 

(i)  benefits  in kind: 

Ministero della  sanità  (Ministry  of  Health), Roma, 

(ii)  prostheses  and major  appliances: 

Istituto  nazionale per  l'assicurazione  contro gli  infortuni 
sul  lavoro  (National  Institution  for  Insurance  against 
Accidents at Work), Roma. 

I. LUXEMBOURG 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

For  the  purposes  of  applying  Article  14d  (3)  of 
the  Regulation: 

For  the  purposes  of  applying  Article  6  (1)  of  the 
implementing  Regulation: 

For  the  purposes  of  applying  Articles  11 (1),  11a, 
13  (2)  and  (3)  and  14  (1),  (2)  and  (3)  of  the 
implementing  Regulation: 

For  the purposes  of  applying Articles  10b and  12a 
of  the implementing  Regulation: 

For  the  purposes  of  applying  Articles  80  (2),  81 
and 82 (2) of  the implementing Regulation: 

For  the  purposes  of  applying Article  85 (2)  of  the 
implementing Regulation: 

For  the purposes  of  applying Article  91 (2)  of  the 
implementing  Regulation: 

(a) 

Invalidity,  old-age, death  (pensions): 

(i) 

for  manual workers: 

(ii) 

for  clerical  staff  and  members  of  the 
professions: 

the  competent  authority  for 
occupation  pursued. 

the  relevant 

type  of 

the  competent  scheme  for 
type  of 
employment  or  self-employment  last  pursued  in  the 
Grand  Duchy. 

relevant 

the 

Inspection  générale  de  la  sécurité  sociale  (General 
Inspectorate  for  Social  Security), Luxembourg. 

Centre  commun  de  sécurité  sociale  (Joint  Social 
Security  Centre), Luxembourg. 

Administration  de 
Luxembourg. 

l'emploi 

(Employment  Office), 

the  sickness fund  with which  the  person  concerned  was 
last  insured. 

Établissement  d'assurance  contre 
l'invalidité,  Luxembourg 
Insurance  Institution), Luxembourg; 

(Old-Age 

la  vieillesse  et 
Invalidity 

and 

Caisse  de  pension  des  employés  privés,  Luxembourg 
(Pension  Fund  for  Clerical  Staff  and  Self-Employed 
Members  of  the  Professions),  Luxembourg; 

574/72 -  126 

(iii)  for  self-employed  persons engaged  in  a 
in 

trading  or 

industry, 

in 

craft 
manufacture: 

(iv)  for  self-employed  persons  engaged  in 

agriculture: 

(b)  Family benefits: 

8. 

For  the  purposes  of  applying  Article  102  (2)  of 
the implementing  Regulation: 

(a) 

sickness  and  maternity: 

(b)  accidents at work: 

(c)  unemployment: 

9. 

For  the  purposes  of  applying  Article  113  (2)  of 
the implementing  Regulation: 

(a)  sickness  and  maternity: 

(b)  accidents  at work: 

Caisse  de  pension  des  artisans,  des  commerçants  et 
industriels,  Luxembourg  (Pension  Fund  for  Craftsmen, 
Tradesmen  and Manufacturers),  Luxembourg; 

Caisse  de  pension  agricole,  Luxembourg  (Agricultural 
Pension Fund), Luxembourg; 

Caisse  nationale  des  prestations  familiales  (National 
Family Benefits  Fund), Luxembourg. 

Union  des  caisses  de  maladie 
Association), Luxembourg; 

(Sickness  Funds' 

Association  d'assurance  contre  les  accidents,  section 
industrielle  (Accident  Insurance  Association,  Industrial 
Department),  Luxembourg; 

Administration  de 
Luxembourg. 

l'emploi 

(Employment  Office), 

Union  des  caisses  de  maladie 
Association), Luxembourg; 

(Sickness  Funds' 

Association  d'assurance  contre  les  accidents,  section 
industrielle  (Accident  Insurance  Association,  Industrial 
Department),  Luxembourg. 

J. NETHERLANDS 

1. 

2. 

3. 

4. 

For  the  purposes  of  applying  Article  17  of  the 
Regulation,  and  Articles  6  (1),  10b,  11  (1)  and 
(2),  11a  (1)  and  (2),  12a,  13  (2)  and  (3),  and  14 
(1)  and  (2)  of  the  implementing  Regulation: 

For  the  purposes  of  applying Article  14 (3)  of  the 
implementing  Regulation,  in  respect  of  auxiliary 
staff  of  the  European  Communities,  who  are  not 
resident  in  the  Netherlands  (for  benefits  in  kind 
only): 

For  the  purposes  of  applying Article  82 (2)  of  the 
implementing  Regulation: 

For  the  purposes  of  applying  Article  102  (2)  of 
the  implementing  Regulation: 

(a) 

(b) 

refunds  provided  for  in Articles 36 and 63 of 
the  Regulation: 

refunds  provided  for  in  Article  7-0  of  the 
Regulation: 

Sociale  verzekeringsbank 
Amstelveen. 

(Sotial  Security  Bank), 

Algemeen Netherlands Onderling Ziekenfonds  (General 
Sickness Benefit  Fund of  the Netherlands),  Utrecht. 

Nieuwe  Algemene  Bedrijfsvereniging  (New  General 
Professional  and Trade Association), Amsterdam. 

Ziekenfondsraad  (Sickness Funds  Council), Amstelveen; 

Algemeen  Werkloosheidsfond  (General  Unemployment 
Fund), Zoeterraeer. 

574/72 -  127 

K.  AUSTRIA 

For  the  purpose  of  applying  Articles  14  (1)  (b) 
and  17 of  the  Regulation: 

fiir  Arbeit  und  Soziales 

Bundesminister 
(Federal 
Minister  for  Labour  and  Social  Affairs),  Wien,  in 
agreement  with  the  Bundesminister  fur  Jugend  und 
Familie  (Federal  Minister  for  Youth  and  the  Family), 
Wien. 

For  the  application  of  Article  14d  (3)  of  the 
Regulation: 

The competent  institution. 

For  the  purpose  of  applying Articles  11,  11a,  12a, 
13 and  14 of  the  implementing  Regulation: 

(a)  When  the  person  concerned  is  subject  to 
Austrian  legislation  and  covered  by  sickness 
insurance: 

(b)  When  the  person  concerned  is  subject  to 
legislation  and  not  covered  by 

Austrian 
sickness insurance: 

(c) 

In  all  other  cases: 

4. 

For  the purpose  of  applying Articles 38 (1) and 70 
(1)  of  the  implementing  Regulation: 

For  the  purpose  of  applying  Articles  80  (2),  81 
and  82 (2)  of  the  implementing  Regulation: 

For  the purpose  of  applying Articles 85 (2) and 86 
(2)  of  the  implementing  Regulation  in  relation  to 
the 
(special  maternity 
allowance): 

Karenzurlaubsgeld 

7. 

For  the  purpose  of applying: 

(a)  Article  102 

implementing 
Regulation  in  relation  to  Articles  36  and  63 
of  the  Regulation: 

(2)  of 

the 

(b)  Article  102 

implementing 
Regulation  in  relation  to  Article  70  of  the 
Regulation: 

(2)  of 

the 

8. 

For  the  purpose  of  applying  Article  110  of  the 
implementing  Regulation: 

9. 

For  the  purpose  of  applying Article  113 (2) of  the 
implementing  Regulation: 

The  competent  sickness insurance  institution; 

The competent  accident  insurance  institution; 

Hauptverband  der  ôsterreichischen  Sozialversicherung-
stràger  (Main  Association  of  Austrian  Social  Insurance 
Institutions), Wien. 

Gebietskrankenkasse 
for  Sickness 
Insurance)  competent  for  the  place  of  residence  of  the 
members of  the  family. 

(Regional  Fund 

des  Arbeitsmarktservice 
Régionale  Geschàftsstelle 
(Regional  Office  of 
the  Labour  Market  Service) 
competent  for  the  last place  of  residence  or  stay of  the 
employed person or  for  the last  place of  employment. 

Régionale  Geschàftsstelle 
des  Arbeitsmarktservice 
the  Labour  Market  Service) 
(Regional  Office  of 
competent  for  the  last  piace  of  residence  or  stay  of  the 
employed person  or  for  the  last  place  of  employment. 

Hauptverband  der  ôsterreichischen  Sozialversicherung-
stràger  (Main  Association  of  Austrian  Social  Insurance 
Institutions), Wien. 

Landesgeschàftsstelle  Wien  des  Arbeitsmarktservice 
(Regional  Office  of 
the  Labour  Market  Service, 
Vienna). 

— 

— 

the  competent  institution, or 

if  there  is  no  Austrian  competent  institution,  the 
institution  of  the place of  residence. 

Hauptverband  der  ôsterreichischen  Sozialversicherung-
stràger  (Main  Association  of  Austrian  Sotial  Insurance 
Institutions),  Wien, it  being  understood  that  the  refund 
of  the expenses  for  benefits  in kind  shall be  made  from 
contributions  for  sickness  insurance  of  the  pensioners 
received  by the said  Main  Association. 

574/72  -  128 

L.  PORTUGAL 

Mainland 

For  the  purposes  of  applying  Article  17  of 
the  Regulation: 

For  the  purposes  of  applying  Article  11  (1) 
and  Article 
implementing 
Regulation: 

11a  of 

the 

For  the  purposes  of  applying  Article  12a  of 
the  implementing  Regulation: 

4. 

For  the  purposes  of  applying  Article  13  (2) 
of  the  implementing  Regulation: 

For  the  purposes  of  applying  Article  14  (1) 
and  (2)  of  the  implementing  Regulation: 

6. 

For  the  purposes  of  applying  Article  14  (3) 
of  the  implementing  Regulation: 

For  the  purposes  of  applying  Articles  28  (1), 
29  (2)  and  (5),  30  (1)  and  (3)  and  31  (1) 
the 
(second 
implementing 
Regulation  (with  regard 
to  the  issuing  of 
certificates): 

sentence)  of 

For  the  purposes  of  applying  Article  25  (2), 
38  (1),  70  (1),  82  (2)  and  86  (2)  of  the 
implementing  Regulation: 

For  the  purposes  of  applying  Article  17  (6) 
and  (7),  18  (3),  (4)  and  (6),  20,  21  (1),  22, 
31  (1)  (first  sentence)  and  34  (1)  and  (2) 
(first  subparagraph)  of 
implementing 
Regulation  (concerning  the  institution  of  the 
place  of  residence  or  the  institution  of  the 
place  of  abode,  whichever  applies): 

the 

10. 

For  the  purposes  of  applying  Articles  80  (2), 
81 
implementing 
and 
Regulation: 

(2)  of 

the 

85 

11. 

For  the  purposes  of  applying  Article  102  (2) 
of  the  implementing  Regulation: 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
de  Segurança  Social 
International 
Relations  and  Sotial  Security  Conventions),  Lisboa. 

(Department  of 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security)  with  which  the  seconded  worker  is 
insured. 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security)  of  the  place  where  the  worker  is 
resident  or  insured,  whichever  applies. 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
de  Segurança  Social 
International 
Relations  and  Social  Security  Conventions),  Lisboa. 

(Department  of 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
de  Segurança  Social 
International 
Relations  and  Sotial  Security  Conventions),  Lisboa. 

(Department  of 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security),  Lisboa. 

Centro  Nacional  de  Pensoes  (National  Pensions  Centre), 
Lisboa. 

administrative 
authority  of 
members  of  the  family  reside. 

the  place  where 

the 

Administraçâo  Regional  de  Saude  (Regional  Health 
Administration)  of  the  place  of  residence  or  of  abode  of 
the  person  concerned. 

Centro  Regional  de  Segurança  Social  (Regional  Centre 
of  Social  Security)  with  which  the  person  concerned  was 
previously  last  insured. 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
de  Segurança  Social 
International 
Relations  and  Social  Security  Conventions),  Lisboa. 

(Department  of 

574/72 -  129 

II.  Autonomous  region  of  Madeira 

1.  For  the  purposes  of  applying  Article  17  of 

the  Regulation: 

2.  For  the  purposes  of  applying  Articles  11  (1) 
and  11a  of  the  implementing  Regulation: 

3.  For  the  purposes  of  applying  Article  12a  of 

the  implementing  Regulation: 

4.  For  the  purposes  of  applying  Article  13  (2) 
and  (3)  of  the  implementing  Regulation: 

5.  For  the  purposes  of  applying  Article  14  (1) 
and  (2)  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Article  14  (3) 
of  the  implementing  Regulation: 

For  the  purposes  of  applying  Articles  28  (1), 
29  (2)  and  (5),  30  (1)  and  (3)  and  31  (1) 
the 
(second 
implementing 
Regulation  (with  regard 
to  the  issuing  of 
certificates): 

sentence)  of 

For  the  purposes  of  applying  Articles  25  (2), 
38  (1),  70  (1),  82  (2)  and  86  (2)  of  the 
implementing  Regulation: 

9. 

For  the  purposes  of  applying  Articles  17  (6) 
and  (7),  18  (3),  (4)  and  (6),  20,  21  (1),  22, 
31  (1)  (first  sentence)  and  34  (1)  and  (2) 
(first  subparagraph)  of 
implementing 
Regulation  (concerning  the  institution  of  the 
place  of  residence  or  the  institution  of  the 
place  of  abode,  whichever  applies): 

the 

10.  For  the  purposes  of  applying  Articles  80  (2), 

81,  85  (2)  of  the  implementing  Regulation: 

11.  For  the  purposes  of  applying  Article  102  (2) 

of  the  implementing  Regulation: 

Secretârio  Regional  dos  Assuntos  Sociais 
Secretary  of  Social  Affairs),  Funchal. 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

Direcçâo  Regional  de  Securança  Sotial 
Directorate  of  Sotial  Security),  Funchal. 

(Regional 

Departamente  de  Relaçôes  Intemacionais  e  Convençôes 
de  Segurança  Social 
International 
Relations  and  Social  Security  Conventions),  Lisboa. 

(Department  of 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
International 
de  Segurança  Social 
Relations  and  Sotial  Security  Conventions),  Lisboa. 

(Department  of 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

Direcçâo  Regional  de  Segurança  Sotial 
Directorate  of  Social  Security),  Funchal. 

(Regional 

administrative 
authority  of 
members  of  the  family  reside. 

the  place  where 

the 

Direcçâo  Regional 
Directorate  of  Public  Health),  Funchal. 

de  Saûde  Publica 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Funchal. 

(Regional 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
de  Segurança  Social 
International 
Relations  and  Social  Security  Conventions),  Lisboa. 

(Department  of 

574/72 -  130 

III.  Autonomous  region  of  the  Azores 

1. 

For  the  purposes  of  applying  Article  17  of 
the  Regulation: 

For  the  purposes  of  applying  Articles  11(1) 
and  11a  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Article  12a  of 
the  implementing  Regulation: 

For  the  purposes  of  applying  Article  13  (2) 
and  (3)  of  the  implementing  Regulation: 

For  the  purposes  of  applying  Article  14  (1) 
and  (2)  of  the  implementing  Regulation: 

6. 

7. 

8. 

For  the  purposes  of  applying  Article  14  (3) 
of  the  implementing  Regulation: 

For  the  purposes  of  applying  Articles  28  (1), 
29  (2)  and  (5),  30  (1)  and  (3)  and  31  (1) 
the 
(second 
implementing 
Regulation  (with  regard 
to  the  issuing  of 
certificates): 

sentence)  of 

For  the  purposes  of  applying  Articles  25  (2), 
38  (1),  70  (1),  82  (2)  and  86  (2)  of  the 
implementing  Regulation: 

9.  For  the  purposes  of  applying  Articles  17  (6) 
and  (7),  18  (3),  (4)  and  (6),  20,  21  (1),  22, 
31  (1)  (first  sentence)  and  34  (1)  and  (2) 
(first  subparagraph)  of 
implementing 
Regulation  (concerning  the  institution  of  the 
place  of  residence  or  the  institution  of  the 
place  of  abode,  whichever  applies): 

the 

10.  For  the  purposes  of  applying  Articles  80  (2), 
implementing 
(2)  of 

the 

85 

81 
and 
Regulation: 

11.  For  the  purposes  of  applying  Article  102  (2) 

of  the  implementing  Regulation: 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Sotial  Security),  Angra  do  Heroismo. 

(Regional 

Direcçâo  Regional  de  Segurança  Sotial 
Directorate  of  Sotial  Security),  Angra  do  Heroismo. 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Sotial  Security),  Angra  do  Heroismo. 

(Regional 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
de  Segurança  Social 
International 
Relations  and  Social  Security  Conventions),  Lisboa. 

(Department  of 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
International 
de  Segurança  Social 
Relations  and  Social  Security  Conventions),  Lisboa. 

(Department  of 

Direcçâo  Regional  de  Segurança  Sotial 
Directorate  of  Social  Security),  Angra  do  Heroismo. 

(Regional 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Sotial  Security),  Angra  do  Heroismo. 

(Regional 

Administrative  authority  of 
members  of  the  family  reside. 

the  place  where 

the 

Direcçâo  Regional 
de  Saûde 
Directorate),  Angra  do  Heroismo. 

(Regional  Health 

Direcçâo  Regional  de  Segurança  Social 
Directorate  of  Social  Security),  Angra  do  Heroismo. 

(Regional 

Departamento  de  Relaçôes  Intemacionais  e  Convençôes 
de  Segurança  Social 
International 
Relations  and  Social  Security  Conventions),  Lisboa. 

(Department  of 

574/72  -  131 

M.  FINLAND 

For  the  purpose  of  applying  Articles  14  (1)  b,  14a 
(1)  (b)  of  the  Regulation  and  Articles  11  (1),  11a 
(1),  12a,  13  (2)  and  (3)  and  14  (1)  and  (2)  of  the 
implementing  Regulation: 

For  the  purpose  of  applying  Article  10b  of  the 
implementing  Regulation: 

For  the  purpose  of  applying  Articles  36  and  90  of 
the  implementing  Regulation: 

For  the  purpose  of  applying  Articles  37  (b)  and  38 
(1),  70  (1),  82  (2),  85  (2)  and  86  (2)  of  the 
implementing  Regulation: 

For  the  purpose  of  applying  Articles  41  to  59  of 
the  implementing  Regulation: 

6. 

For  the  purpose  of  applying  Articles  60  to  67, 71, 
75,  76  and  78  of  the  implementing  Regulation: 

For  the  purpose  of  applying  Articles  80  and  81  of 
the  implementing  Regulation: 

For  the  purpose  of  applying  Articles  102  and  113 
of  the  implementing  Regulation: 

For  the  purpose  of  applying  Article  110  of  the 
implementing  Regulation: 

(a)  Employment  pensions: 

(b)  Accident  at  work,  occupational  diseases: 

(c) 

in  other  cases: 

Elaketurvakeskus/Pensionsskyddscentralen  (Central  Pen 
sion  Security  Institute),  Helsinki. 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki. 

Insur 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki,  and 

Insur 

Tyôelàkelaitokset  (employment  pension  institutions)  and 

Elâketurvakeskus/Pensionsskyddscentralen 
Pension  Security  Institute),  Helsinki. 

(Central 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki. 

Insur 

Kansanelakelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki,  and 

Insur 

Elàketurvakeskus/Pensionsskyddscentralen  (Central  Pen 
sion  Security  Institute),  Helsinki. 

the  institution  of  the  place  of  residence  or  stay  the 
insurance  institution  designated  by 

Tapaturmavakuutuslaitosten  Liitto/Olycksfallsfôrsàkring-
sanstalternas  Fôrbund  (Federation  of  Accident  Insur 
ance  Institutions),  Helsinki. 

the  competent  unemployment 
in 
earnings  related  unemployment  benefits. 

fund 

the  case  of 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
Insur 
ance  Institution),  Helsinki,  in  the  case  of  basic  unem 
ployment  benefits. 

Kansanelàkelaitos/Folkpensionsanstalten  (Social 
ance  Institution),  Helsinki, 

Insur 

Tapaturmavakuutuslaitosten  Liitto/Olycksfallsfôrsàkring-
sanstalternas  Fôrbund  (Federation  of  Accident  Insur 
ance  Institutions),  Helsinki,  in  the  case  of  accident  in 
surance. 

Elaketurvakeskus/Pensionsskyddscentralen  (Central  Pen 
sion  Security  Institute),  Helsinki,  in  the  case  of  employ 
ment  pensions; 

Tapaturmavakuutuslaitosten  Liitto/Olycksfallsfôrsàkring-
sanstalternas  Fôrbund  (Federation  of  Accident  Insur 
ance  Institutions),  Helsinki,  in  the  case  of  accident  insu 
rance; 

Kansanelàkelaitos/Folkpensionsanstalten 
Insurance  Institution),  Helsinki. 

(Social 

574/72  -  132 

N.  SWEDEN 

For  the  purpose  of  applying  Articles  14  (1),  14a 
(1)  14b (1)  and (2) of  the  Regulation  and  Articles 
11  (1)  (a)  and  11a  (1)  of  the  implementing 
Regulation: 

For  the  purpose  of  applying  Articles  14  (1)  (b) 
and  14a  (1)  (b)  in  cases when  a person  is posted 
to Sweden: 

For  the  purpose  of  applying  Articles  14b  (1)  and 
(2)  in  cases  when  a  person  is  posted  to  Sweden 
for  a period  longer  than  12 months: 

4. 

5. 

For  the  purpose  of  applying  Articles  14  (2)  and 
(3),  14a (2)  and  (3)  of  the  Regulation: 

For  the  purpose  of  applying  Articles  14a  (4)  of 
the  Regulation  and Articles  11 (1)  (b),  11a (1) (b) 
and  12a  (5),  (6)  and  (7)  (a)  of  the  implementing 
Regulation: 

6. 

For  the  purpose  of  applying  Article  17  of  the 
Regulation: 

7. 

For  the  purpose  of  applying Article  102 (2): 

The  social  insurance  office  with  which  the  person 
concerned  is insured. 

The  social  insurance  office  at  the place  where  the work 
is performed. 

Gôteborgs  allmànna  fôrsâkringskassa,  sjôfartskontoret 
(Social  Insurance  Office  of  Gothenburg,  Mariners' 
Section). 

The  sotial  insurance  office  of  the place of  residence. 

The social  insurance  office  at  the place where  the work 
is  performed. 

(a)  The  social  insurance  office  at  the  place where  the 

work  is or will be  performed;  and 

(b)  Riksfôrsâkringsverket  (National  Social  Insurance 
Board)  concerning  categories  of  employed  or 
self-employed  persons. 

(a)  Riksfôrsâkringsverket  (National  Social  Insurance 

Board); 

(b)  Arbetsmarknadsstyrelsen  (National Labour  Market 

Board), for  unemployment  benefits. 

O.  UNITED KINGDOM 

For  the  purposes  of  applying  Articles  14c,  14d (3) 
and  17  of  the  Regulation  and  Articles  6  (1),  11 
(1),  11a  (1),  12a,  13  (2)  and  (3),  14  (1),  (2)  and 
(3),  and  Articles  80  (2), 81, 82 (2)  and  109 of  the 
implementing  Regulation: 

Great  Britain: 

Northern  Ireland: 

Department  of  Social  Security,  Contributions  Agency, 
Overseas  Contributions,  Newcastle  upon  Tyne,  NE98 
1YX. 

Department  of  Health  and  Social  Services,  Northern 
Ireland  Social  Security  Agency,  Overseas  Branch, 
Belfast,  BT1 1DX. 

574/72  -  133 

For  the  purposes  of  applying Articles  36  and  63  of 
the  Regulation  and  Articles  8,  38  (1),  70  (1),  91 
(2),  102  (2),  110  and  113  (2)  of  the  implementing 
Regulation: 

Great  Britain: 

Northern  Ireland: 
(except  for  Articles  36  and  63  of  the  Regulation 
and  Article  102  (2)  and  Article  113  (2)  of  the 
implementing  Regulation, 
the 
section  for  Great  Britain): 

for  which  see 

For  the  purposes  of  applying  Article  85  (2), 
Article  86 
the 
(2)  and  Article  89 
implementing  Regulation: 

(1)  of 

Great  Britain: 

Northern  Ireland: 

Department  of  Social  Security,  Benefits  Agency, 
Overseas  Branch,  Newcastle  upon  Tyne,  NE98  1YX. 

Department  of  Health  and  Social  Services,  Northern 
Ireland  Social  Security  Agency,  Overseas  Branch, 
Belfast,  BT1  1DX. 

Department  of  Sotial  Security,  Benefits  Agency,  Child 
Benefit  Centre,  Newcastle  upon  Tyne,  NE88  1AA. 

Department  of  Health  and  Social  Services,  Northern 
Ireland  Social  Security  Agency,  Child  Benefit  Office, 
Belfast  BT1  ISA. 

574/72 -  134 

ANNEX 11  (A) (B)(7) 

SCHEMES REFERRED TO IN ARTICLE  35 (2) OF THE REGULATION 

(Article  4 (11) of the implementing Regulation) 

A.  BELGIUM 

Scheme extending insurance of  medical  treatment  (benefits  in kind)  to self-employed  persons. 

B.  DENMARK 

None. 

C.  GERMANY 

None. 

D.  SPAIN 

None. 

E.  FRANCE 

None. 

F.  GREECE 

1. 

2. 

3. 

Insurance  Fund for  Craftsmen  and Small Traders (TEBE). 

Traders' Insurance  Fund. 

Sickness Insurance  Fund for  Lawyers: 

(a)  Provident  Fund of Athens; 

(b)  Provident  Fund of Piraeus; 

(c)  Provident  Fund  of Salonika; 

(d)  Health  Fund for  Provincial  Lawyers (TYAE). 

4.  Medical  Personnel's  Insurance  and  Pension  Fund. 

G. 

IRELAND 

None. 

H. 

ITALY 

None. 

I. 

LUXEMBOURG 

None. 

J.  NETHERLANDS 

None. 

K.  AUSTRIA 

None. 

L. 

PORTUGAL 

None. 

M.  FINLAND 

None. 

N.  SWEDEN 

None. 

O.  UNITED  KINGDOM 

None. 

574/72 -  135 

Appendix 

Article  95 

(14) 

Refund of benefits in kind provided under sickness and maternity 
insurance  to  pensioners  and  to members  of their  families  who 
are  not  resident  in a  Member  State  under  whose legislation  they 
receive a  pension  and  are  entitled  to  benefits 

(b) 

the  benefits 

refunded  by 

The  amount  of 

1. 
in  kind  provided 
pursuant  to  Articles  28  (1)  and  28a  of  the  Regulation  shall 
be 
the 
the  competent 
institutions  which  provided  the  said  benefits,  on  the  basis 
of  a  lump  sum  which  is  as  close  as  possible  to  the  actual 
expenditure  incurred. 

institutions 

to 

security  schemes  to  be  taken  into  consideration  for 
that  purpose  are  specified  in  Annex  9; 

in  dealings  between  the  institutions  of  two  Member 
States,  the  average  annual  number  of  pensioners  and 
members  of  their  families  to  be  taken  into  account 
shall  be  equal 
to  the  average  annual  number  of 
pensioners  and  members  of  their  families  referred  to 
in  Article  28  (2)  of 
the  Regulation  who,  whilst 
residing  in  the  territory  of  one  of  the  Member  States, 
are  entitled  to  benefits  in  kind  chargeable  to  the 
institution  of  the  other  Member  State. 

2. 
The  lump  sum  shall  be  determined  by  multiplying 
the  annual  average  per  capita  cost  by  the  average  annual 
number  of  pensioners  and  members  of  their  families  to  be 
taken  into  account  and  by  reducing  the  resultant  amount 
by  20  %. 

The  factors  necessary  for  the  calculation  of  the  said 
3. 
lump  sum  shall  be  determined  according  to  the  following 
rules: 

(a) 

the 

total  benefits 

in  kind  provided  by 

the  average  annual  per  capita  cost  shall  be  obtained 
for  each  Member  State,  by  dividing  the  annual  costs 
of 
the 
institutions  of  that  Member  State  to  all  pensioners 
whose  pensions  are  payable  under  the  legislation  of 
that  Member  State,  under  the  social  security  schemes 
to  be  taken  into  consideration  and  to  members  of 
their  families,  by  the  average  annual  number  of 
pensioners  and  members  of  their  families;  the  social 

The  number  of  pensioners  and  members  of  their 
4. 
to  be  taken  into  account  in  accordance  with 
families 
paragraph  3  (b)  shall  be  determined  by  means  of  a  list 
kept  for  that  purpose  by  the  institution  of  the  place  of 
residence,  based  upon  documentary  evidence  supplied  by 
the  competent  institution  of  the  rights"  of  the  persons 
concerned.  In  the  event  of  any  dispute,  the  observations  of 
the  institutions  involved  shall  be  submitted  to  the  Audit 
Board  provided  for  in  Article  101  (3)  of  the  implementing 
Regulation. 

The  Administrative  Commission  shall  lay  down  the 
5. 
methods  and  procedures  for  determining  the  calculation 
factors  referred  to  in  paragraphs  3  and  4. 

6. 
Two  or  more  Member  States  or  the  competent 
authorities  of  those  Member  States  may,  after  receiving  the 
to 
opinion  of 
introduce  other  methods  of  assessing  the  amounts  to  be 
refunded. 

the  Administrative  Commission,  agree 

574/72  -  136 

ANNEX B 

List  of acts amending Regulations  (EEC)  No 1408/71 and  (EEC)  No 574/72 

A.  Act  of  Accession  of  Spain  and  Portugal  (OJ  No  L  302,  15.  11. 1985, p.  23) 

B.  Act  of  Accession  of  Austria,  Finland  and  Sweden  (OJ  No  C 241,  29.  8.  1994,  p.  9)  as  adjusted  by 

Council  Decision  95/1/EC  (OJ  No  L  1,  1.  1.  1995,  p.  1) 

1.  Made  up  to  date  by  Council  Regulation  (EEC)  No  2001/83  of  2  June  1983  (OJ  No  L230, 

22. 8.  1983,  p.  6) 

2.  Council  Regulation  (EEC)  No  1660/85  of  13  June  1985  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  No  L  160,  20.  6.  1985; 
p.  1;  Spanish  text:  DO  Edicion  especial,  1985  (05.V4),  p.  142;  Portuguese  text:  OJ  Ediçâo  Especial, 
1985  (05.F4),  p.  142;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (04),  p.  61; Finnish  text: 
EYVL:n  erityispainos  1994,  alue  05  (04),  p.  61) 

3.  Council  Regulation  (EEC)  No  1661/85  of  13  June  1985  laying  down  the  technical  adaptations  to 
the  Community  rules  on  social  security  for  migrant  workers  with  regard  to  Greenland  (OJ  No 
L  160,  20.  6.  1985,  p.  7;  Spanish  text:  DO  Edicion  especial,  1985  (05.04),  p.  148;  Portuguese  text: 
OJ  Ediçâo  Especial,  1985  (05.04),  p.  148;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (04), 
p.  67;  Finnish  text:  EYVL:n  erityispainos  1994,  alue  05  (04),  p.  67) 

4.  Commission  Regulation  (EEC)  No  513/86  of  26  February  1986  amending  Annexes  1,  4,  5  and  6  to 
Council  Regulation  (EEC)  No  574/72  laying  down  the  procedure  for  implementing  Regulation 
(EEC)  No  1408/71  on 
to 
self-employed  persons  and  to  members  of  their  families  moving within  the  Community  (OJ  No  L 51, 
28. 2.  1986,  p.  44;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (04),  p.  73;  Finnish  text: 
EYVL.n  erityispainos  1994,  alue  05  (04),  p.  73) 

the  application  of  social  security  schemes  to  employed  persons, 

5.  Council  Regulation  (EEC)  No  3811/86  of  11  December  1986  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  No 
L355,  16.  12.  1986,  p.  5;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (04),  p.  86;  Finnish 
text:  EYVL:n  erityispainos  1994,  alue  05  (04),  p.  86) 

6.  Council  Regulation  (EEC)  No  1305/89  of  11 May  1989  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  No  L  131,  13.  5.  1985, 
p.  1;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (04),  p.  143;  Finnish  text:  EYVL:n 
erityispainos  1994,  alue  05  (04),  p.  143) 

7.  Council  Regulation  (EEC)  No  2332/89  of  18 July  1989  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  No  L  224,  2.  8.  1989, 
p.  1;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (04),  p.  154;  Finnish  text:  EYVL:n 
erityispainos  1994,  alue  05  (04),  p.  154) 

8.  Council  Regulation  (EEC)  No  3427/89  of  30 October  1989  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  No  L  331,  16.  11. 1989, 
p.  1;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (04),  p.  165;  Finnish  text:  EYVL:n 
erityispainos  1994,  alue  05  (04),  p.  165) 

9.  Council  Regulation  (EEC)  No  2195/91  of  25  June  1991  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  No  L  206,  29.  7.  1991, 
p.  2;  Swedish 
text:  EGT,  Specialutgâva  1994,  omrâde  05  (05),  p.  46;  Finnish  text:  EYVL:n 
erityispainos  1994,  alue  05  (05),  p.  46) 

11-  is? 

10.  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  and  Regulation  (EEC)  No  574/72 laying 
down  the  procedure  for  implementing  Regulation  (EEC)  No  1408/71 (OJ  No  L  136,  19. 5. 1992, 
p. 1;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (05),  p.  124;  Finnish  text:  EYVL:n 
erityispainos  1994, alue 05 (05), p. 124) 

11.  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  No  L  136,  19. 5. 1992, 
p. 7;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (05),  p.  130;  Finnish  text:  EYVL:n 
erityispainos  1994, alue 05 (05), p.  130) 

12.  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  No  L  136,  19. 5.  1992, 
p. 28;  Swedish  text:  EGT,  Specialutgâva  1994,  omrâde  05  (05),  p.  151;  Finnish  text:  EYVL:n 
erityispainos  1994, alue 05 (05), p.  151) 

13.  Council  Regulation  (EEC)  No  1945/93 of  30 June  1993 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, Regulation  (EEC)  No 574/72 laying down 
the  procedure  for  implementing  Regulation  (EEC)  No  1408/71 and  Regulation  (EEC)  No  1247/92 
amending  Regulation  (EEC)  No  1408/71  (OJ  No  L  181, 23.  7.  1993, p.  1;  Swedish  text:  EGT, 
Specialutgâva  1994, omrâde  05  (06), p.  63; Finnish  text:  EYVL:n  erityispainos  1994, alue  05 (06), 
p. 63) 

14.  Council  Regulation  (EC)  No  3095/95  of  22  December  1995  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,  Regulation  (EEC) 
No 574/72 fixing  the procedure  for  implementing Regulation  (EEC) No  1408/71, Regulation  (EEC) 
No 1247/92  amending  Regulation'(EEC)  No  1408/71 and  Regulation  (EEC)  No  1945/93  amending 
Regulation  (EEC)  No  1247/92 (OJ  No  L335, 30. 12. 1995, p. 1) 

15.  Council  Regulation  (EC)  No  3096/95  of  22  December  1995  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  No  L 335, 
30.  12. 1995, p.  10) 

Ï2-  \V& 

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DOCUMENTS 

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