Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71
Date: 1996-09-20
Institutions: European Commission
Subjects: Community migration, dependant, self-employment, social security, wage earner

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.09.1996 
COM(96) 452  final 

96/0227 (CNS ) 

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

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

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

I 

INTRODUCTION 

Since  the entry  into  force  of  Regulation  (EEC)  No 2001/83, under  which  Regulations 
(EEC) Nos  1408/71 and 574/72 were amended and updated in a single official  document, 
following the extension of their scope to include self-employed persons, these Regulations 
have  been  amended  by  Council  Regulations  (EEC)  Nos  1660/85  and  1661/85, 
Commission  Regulation  No  513/86  and  Council  Regulations  Nos 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 the Kingdom of Spain and the Portuguese Republic in 
1985 and of the Republics of Austria and Finland and the Kingdom of Sweden  in 1995. 

This proposal  is intended  to update the Community Regulations  in the  light of changes 
made to national legislation, and to take account of certain bilateral agreements concluded 
between Member States. 

Moreover, coordination will be enhanced with the introduction of new provisions geared 
mainly to simplifying  and speeding up administrative procedures in conjunction  with the 
multiannual  TESS  programme1, which was adopted  by the Administrative  Commission 
on Social Security for Migrant Workers with a view to developing telematic services for 
the coordination of social security schemes within the Community2. In this context, a set 
of common operational rules has been laid down to facilitate the use of telematic services 
for the exchange of social security information. These rules have been implemented and 
are already being used  for  exchanges of data between various institutions. 

n 

COMMENTS  ON  THE  ARTICLES 

TESS  stands for  "Telematics in Social Security". 
See  section  3.4.2 of  the  Medium-term social action programme 1995-97,  communication  from  the 
Commission to  the Council, the European Parliament, the Economic and Social  Committee and the 
Committee of  the Regions. COM(95)  134 final of  12 April 1995. 

ARTICLE  1 

Amendments  to Regulation  (EEC) No  1408/71 

1. 

Amendment  of  Article  1 (f)  (i) 

For the purpose of defining  the concept of  "member of the family",  Article  1 (f)  (i)  refers 
back  to the  national  legislation  under  which  the benefit  is provided.  Part  II  of  Annex  I 
allows the Member States  to assign a meaning to this concept if their legislation does  not 
enable  them  to  identify  such  persons. Given  that  several  chapters  of  the  Regulation  are 
involved,  it  is advisable  to adapt  the  text  of  this  provision. 

2. 

Amendment  of  the  third  paragraph  of  Article 2 

Article  2  refers  to  persons  covered  by  the  Regulation.  Members  of  the  family  and 
survivors  of  civil  servants  and  persons  treated  as  such  are  not  referred  to  in  the  third 
paragraph. The proposed  amendment  aims  to  make good  this  shortcoming. 

3. 

Insertion  of  a  new  Article  22c 

The  purpose  of  this  provision  is  to  remove  the  condition  that  there  should  be  an 
immediate need  for  treatment  in the case of persons who, for study purposes, are staying 
in a Member State other than the competent State, along the same lines as Article  22b  in 
respect of  posted  workers. 

4. 

Amendment  of  Article  81  (d) 

is  designed  to  emphasise  the  importance  of  the  work  of 

the 
This  amendment 
Administrative Commission on Social Security for Migrant Workers aimed at encouraging 
the use of telematic services between  Member States. This provision applies  to all  social 
security benefits  and,  more particularly,  to pensions. 

5. 

Insertion  of  a  new paragraph  in  Article  85 

The  new  paragraph  seeks  to  ensure  that  documents  exchanged  by  electronic  means  are 
given  the  same  status  as  paper  documents.  Consequently,  such  documents  may  not  be 
rejected  on  the  grounds  that  they  were  received  by  electronic  means,  provided  the 
receiving  institution  has  declared  its  ability  to  use  telematic  services.  Like  paper 
documents, a document  received  by electronic  means  may be  rejected  for  other  reasons. 

A  further  rule  is  introduced  in  respect  of  the  burden  of  proof  in  cases  where  the 
correctness  and  quality  of  the  document  received  by  electronic  means  is  questioned. 
Telematic services are presumed to function  correctly unless there is proof to the contrary. 

Finally, it is pointed  out that appropriate security  measures are to be taken  in  accordance 
with  the  relevant  Community  provisions.  These  provisions  are  contained  in  European 
Parliament and  Council  Directive No  95/46/ECof  24  October  1995 on the protection  of 
individuals  with  regard  to  the processing  of  personal  data  and  on  the  free  movement  of 

such  data3, covering  the various  aspects of  the processing  of personal  data  referred  to in 
this text, with  particular  reference  to  questions  of  security  in the event  of  telematic  data 
transfer. 

6. 

Amendment  to  Annex  I.  Part II 

Part II to Annex  I gives, in accordance with what  is laid  down  in the second  sentence of 
Article  1 (f)  (i)  of  the  Regulation,  the  meaning  of  "members 'of  the  family"  for  those 
Member  States  whose  legislation  does  not  make  it possible  to  identify  such  persons. 

The amendment  to the heading  "E. FRANCE" is designed  to clarify  further  the scope of 
this concept,  limited  to Title  III, Chapter  VII  of  Regulation  (EEC)  No  1408/71. 

7. 

Amendment  to  Annex  II. Part  I 

— 

Part I to Annex  II refers  to special  schemes for  self-employed  persons excluded  from  the 
scope of  the  Regulation  pursuant  to  the  fourth  subparagraph  of  Article  1 (j). 

The  amendment  to  the  text  under  the  heading  "D.  SPAIN"  takes  account  of  the 
incorporation  of  members  of  professional  associations  into  the social  security  system. 

8. 

Amendment  of  Annex  Ha 

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

In  view  of  the  formal  changes  made  to  Spanish,  Portuguese  and  Swedish  legislation, 
certain entries under the headings  "D. SPAIN", "L. PORTUGAL" and  "N. SWEDEN" are 
to be  adapted. 

9. 

Amendment  to  Annex  IV.  Part D 

Point  3 of  part  D  to  Annex  IV  deals  with  the 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. 

It is proposed  that the reference  to the agreement between  Luxembourg and  Germany be 
deleted, since the agreement  is no longer applied  by the institutions concerned,  following 
changes  to  the  national  laws  of  those  States. 

10. 

Amendment  of  Annex  VI 

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

Directive  95/46 of  24 October  1995, OJ  L 281'of  23 November  1995, page 31. 

4 

a) 

Amendment  to  the  heading  "B.  DENMARK" 

This  constitutes  a  technical  adaptation  taking  account  of  the  choice  between  two  forms 
of  insurance available  to persons  who join  the  Danish  health  insurance scheme. 

b) 

Amendment  to  the  heading  "C. GERMANY" 

The  proposed  amendment  seeks  to  take  account  of  the  change  to  German  legislation 
whereby  insured  persons are free  to choose the sickness  insurance fund  with  which  they 
wish  to be  insured. 

c) 

Amendment  to  the  heading  "D. SPAIN" 

The  suggested  change  to  the  first  two  points  of  this  heading  is  intended  to  facilitate 
voluntary  affiliation 
to  the  Spanish  social  security  scheme  for  persons  serving 
international  organisations  on  Spanish  territory and  persons  who cease to be covered by 
the  Spanish  system  as  a  result  of  entering  the  service  of  an  international  organisation 
situated  in another  Member  State. 

d) 

Amendment  to  the heading  "F. GREECE" 

It  is proposed  to  introduce a provision  whereby  it  is possible  for  serving  or retired  civil 
servants, persons treated  as such and  members of  their families  to receive the benefits  in 
kind  referred  to  in  Article  22  (1)  (a)  and  (c),  and  paragraph  3,  and  Article  31  (a)  of 
Regulation  (EEC)  No  1408/71. 

e) 

Amendment  to  the  heading  "J. NETHERLANDS" 

The suggested  amendment  is  intended,  for  the purpose of  applying  the proposed  Article 
22  (c), to take account  of  the  fact  that,  in the  case of  treatment other  than  that  which  is 
immediately  required,  the  Netherlands'  insurance  schemes  provide  medical  services  on 
the basis of cooperation  agreements concluded  with  the parties providing treatment. This 
requires  the  insured  person  to  be  registered  in  accordance  with  Article  17  of  the 
implementing  Regulation  and  allows  only  for  the calculation  of  sums based  on  average 
costs  in accordance  with  Article  94  of  that  Regulation. 

ARTICLE  2 

Amendments  to  Regulation  (EEC) No  574/72 

1 

Amendment  of  the  first  paragraph  of  Article 2 

The  proposed  amendment  is  designed  to  clarify  the  fact  that  electronic  messages  are 
equivalent to paper documents  if they  are standardised. Moreover, emphasis  is placed  on 
the principle  whereby  the  use of  telematic  services  for  the operational  exchange  of  data 
is  subject  to  an  agreement  between  the  competent  authorities  of  the  sending  and  the 
receiving  Member  State. 

2 

Amendment  of  Article  93 

Article  93  contains  the  financial  provisions  applying  to  the  refund  of  sickness  and 
maternity  insurance  benefits.  Following  the  entry  into  force  of  Regulations  (EC)  Nos 
3095/95  and  3096/95,  reference  should  be  made  to  Articles  22a  and  22b  and  to  the 
proposed  new  Article 22c. 

3 

Insertion of  a new Title  Via and amendment of  Article  117 

This  new  Title  is  concerned  wholly  with  electronic  data  processing.  Article  117  is 
amended with a view  to ensuring that the Administrative Commission on Social  Security 
for Migrant Workers encourages the use of telematic services for exchanging  information 
between social  security  institutions  in the  Member States. 

4 

Insertion of  new  Articles  117a to  117c 

The  first  paragraph  of  the  new  Article  117a  stipulates  that  the  Member  States  are 
responsible  for  extending  the use of  telematic  services among  their own social  security 
institutions. They  are, however, obliged  to take certain  initiatives  to develop  the  use of 
such  services.  It  is  also  stated  that  the  European  Commission  will  lend  its  support  to 
activities of common interest. This means that the Commission is unable either to support 
or  to  finance  any  development  or  purchase  which  a  national  institution  finds  to  be 
necessary,  nor can  it bear any of  the costs  incurred by  Member States  when the system 
becomes  operational.  The  term  "activities of common interest" refers  essentially  to  the 
adoption of common architecture rules and inter-operability tests which are not linked to 
a specific  system  in a given  Member State. 

The second paragraph of this Article states that the Administrative Commission on Social 
Security for Migrant Workers will  adopt the common architecture rules for the telematic 
services.  This  provision  ensures  that  the  various  initiatives  will  be  coordinated  at 
Community level,  that the different  national  systems can be linked up and that the same 
standards are used. 

Article  117b emphasises  that the Member States are responsible, in accordance with the 
Community provisions  on the protection of  individuals  with regard to the processing  of 
personal  data, for  managing  their own part of  the telematic  services. This  applies  from 
the development phase onwards and, more particularly, as soon as the telematic services 
are used  for  the operational  exchange  of data. 

The  second  paragraph  points  out  that  the  Administrative  Commission  will  lay  down 
provisions  for  managing  the  common  part  of  the  telematic  services.  This  means  that 
certain  mechanisms  established  by  the  Administrative  Commission  will  preserve  and 
enhance  the common  architecture rules once  the telematic services are up and running. 

A  Technical  Commission  on  data  processing,  to  be  set  up  under  Article  117c  as  a 
replacement  for  the  existing  TESS  working  party,  will  give  the  Administrative 
Commission  opinions  on any  matter relating  to data processing. 

5 

Amendment  of  Annex 1 

Annex  1 refers  to  the competent authorities. 

a) 

Amendment  tn  the  heading  "A. BELGIUM" 

The  proposed  changes  result  from  the  rationalisation  of  ministerial  departments  of  the 
Federal Belgian  State. 

b) 

Amendment  to  the heading  "D. SPAIN" 

The  alteration  of  the  name  of  the  competent  Spanish  authority  takes  account  of  the 
merging  of  the  two  ministries  concerned  in  Spain. 

c) 

Amendment  to the  heading  "F. GREECE" 

The proposed  amendment  comes  about  through  a change  in Greek  legislation,  whereby 
responsibility for social security has been transferred  to the Ministry of Labour ararSocial 
Security, while  the  Ministry  of  Health  and  Welfare  remains  the competent  authority  for 
health  care. 

d) 

Amendment  to  the  heading  "J. NETHERLANDS" 

This amendment  takes account of a change to the organisation of  ministerial  departments 
in the  Netherlands. 

e) 

Amendment  to the  heading  "L. PORTUGAL" 

The  proposed  amendment  to  points  1  and  3  reflects  the  changes  made  within  the 
Portuguese  administration. 

6 

Amendment  of  Annex  2 

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

a) 

Amendment  to the  heading  "B. DENMARK" 

The  proposed  amendments  in  respect  of  points  1,  2,  4,  5  and  7  stem  from  the 
administrative  reorganisation  carried  out  in  Denmark. 

b) 

Amendment  to the  heading  "C. GERMANY" 

The proposed  amendment  in respect  of  point  1 is along  the same  lines  as  that  described 
above  for  Annex  VI  to  Regulation  (EEC)  No  1408/71. Moreover,  the  current  text  does 
not  yet  make provision  for  the  names  of  the  competent  institutions  in  dealings  between 
Germany and the new Member States: Austria, Finland and Sweden. This heading should 
therefore  be  duly  supplemented. 

c) 

Amendment  to  the  heading  "L. PORTUGAL" 

The proposed amendments  relating to points  I, II and  III are along the same lines as those 
described  above  for  Annex  1. 

7 

Amendment of  Annex 3 

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

a) 

Amendment  to the heading  "B. DENMARK" 

The proposed  amendments  relating to points  I and  II are along  the same lines as those 
described above for  Annex 2. 

b) 

Amendment to the heading  "C. GERMANY" 

The  proposed  amendments  in  respect  of  point  3  are  along  the  same  lines  as  those 
described above for  Annex 2. 

— 

c) 

Amendment  to the heading  "L. PORTUGAL" 

The proposed  amendments  in respect of points  I, II and III are along  the same lines as 
those described  above for  Annex  1. 

8 

Amendment of  Annex 4 

Annex 4 refers  to liaison bodies. 

a) 

Amendment to the heading  "A. BELGIUM" 

The  proposed  amendment  in  respect  of  point  4  (b)  is  along  the  same  lines  as  that 
described above for  Annex  1. 

b) 

Amendment to the heading  "B. DENMARK" 

The proposed amendment  in respect of point 7 is along the same lines as that described 
above for  Annex 2. 

c) 

Amendment to the heading" C. GERMANY" 

The  proposed  amendments  in  respect  of  point  3  are  along  the  same  lines  as  those 
described above for  Annex 2. 

d) 

Amendment  to the heading  "L. PORTUGAL" 

The proposed  amendment  is along the same lines as that described  above for  Annex  1. 

9 

Amendment of  Annex 5 

Annex 5 refers  to the implementing provisions of bilateral conventions which remain in 
force. A number of amendments are to be noted  in respect of  this Annex. 

Two  new  headings  should  be  inserted  under  points  58  and  59,  to  do  with  dealings 
between  France and  two  new  Member States, Finland  and Sweden. These should  have 
been  introduced  at the time of  the technical  adaptations, in line with  Decision  No 7/94 
of the EEA Joint Committee4. This amendment necessarily entails the renumbering of the 
subsequent points. 

Moreover,  Finland  has  concluded  agreements  with  Belgium,  Austria  and  the  United 
Kingdom on arrangements for the reimbursement of medical expenses; Denmark has also 
concluded  two agreements with  France on this matter; finally,  France and  Luxembourg 
have, through an exchange of  letters, concluded  an agreement to determine the  specific 
arrangements  for  settlement  of  reciprocal  claims  under  Articles  93,  95  and  96  of 
Regulation  (EEC)  No 574/72. 

10 

Amendment of  Annex  6 

— 

Annex  6  has  to  do  with  the  procedure  for  the  payment  of  benefits  chosen  by  the 
institutions  responsible for  payment  in each  Member State. 

Amendment  to the heading  "C. GERMANY" 

At present, there is still no mention of the channels of payment from  German institutions 
to  the  new  Member  States  (Austria,  Finland  and  Sweden);  for  this  reason,  reference 
should be made to the methods of payment chosen by Germany vis-à-vis those countries. 

11 

Amendment of  Annex 8 

Annex  8 deals with  the granting of  family  benefits. 

The purpose of this amendment  is to  include in the text references  to dealings between, 
on  the  one  hand,  Germany  and  Portugal  and, on the  other  hand, between  Ireland  and 
Finland,  under  subparagraph  (a)  of  part  A  to  this  Annex.  The  initial  reference  was 
inadvertently deleted at the time of the technical adaptation  in conjunction  with the most 
recent enlargement of  the European  Community. 

12 

Amendment  of  Annex  10 

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

a) 

Amendment  to the heading  "A. BELGIUM" 

The two amendments  proposed  in  respect of  point 4 are along the same  lines as  those 
described  above  in respect of  Annex  1. 

b) 

Amendment  to the heading  "B. DENMARK" 

OJ  No  L  160  of  28  June  1994,  p.  63. 

The  proposed  amendment  to  point  4  is along  the  same  lines  as  that  described  above  in 
respect of  Annex  2. 

c) 

Amendment  to  the  heading  "C. GERMANY" 

The  proposed  amendment  to  point  4  is along  the  same  lines  as  that  described  above  in 
respect of  Annex  VI  to  Regulation  (EEC)  No  1408/71. 

d) 

Amendment  to  the  heading  "D. SPAIN" 

The proposed change results from  the new allocation of responsibilities under the relevant 
Spanish  legislation. 

e) 

Amendment  to  the  heading  "F. GREECE" 

-

The  fact  that  nearly  all  the  Greek bodies  are referred  to under  this  heading  is due  to  the 
decentralisation  of  responsibilities and  reflects  the desire to monitor  more effectively  the 
application  of  Community  provisions  in  this  field. 

f) 

Amendment  to  the  heading  "L. PORTUGAL" 

The  proposed  amendments  in  respect  of  points  I,  II  and  III  are  along  the  same  lines  as 
those  described  above  in  respect  of  Annex  1. 

g) 

Amendment  to  the  heading  "N. SWEDEN" 

The purpose  of  the  suggested  change  to point  6 (a)  is to  include  the designated  body  in 
the event of an agreement being made for  work to be performed  in a Member State other 
than  Sweden. 

m 

JUSTIFICATION FOR THE PROPOSAL FOR A REGULATION WITH REGARD TO THE PRINCIPLE 
OF  SUBSIDIARITY 

This  proposal  for  a  Council  Regulation  conforms  to  the  principle  of  subsidiarity  as 
regards the two  underlying  criteria, namely  necessity  and  proportionality, as specified  in 
Article  3b of  the  European  Community  Treaty. 

On  the  one  hand,  Article 51  requires  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  therefore  falls 
exclusively  within  the  competence  of  the  Community.  On  the  other  hand,  a  binding 
legislative instrument, in the form  of a regulation, is clearly proportionate to the objective 
pursued, i.e. ensuring effective  freedom  of movement. This  is why the Council has chosen 
such  an  instrument  as  being  the  most  appropriate  means  of  achieving  this  objective. 

IV 

APPLICATION  IN  THE  COUNTRIES  OF  THE  EUROPEAN  ECONOMIC  AREA 

10 

The free movement of persons is a fundamental objective and principle of the Agreement 
on the European Economic Area (EEA), which entered into force on  1 January  19945. In 
Chapter 1  of Part III, which  is concerned with the free movement of pesons, services and 
capital,  Articles  28,  29  and  30  are devoted  to  the  free  movement  of  workers  and  self-
employed  persons.  More particularly,  Article  29  reiterates  the  principles  laid  down  in 
Article  51  of  the  EC Treaty, concerning  social  security  for  persons  moving  within  the 
Community. Consequently, this proposal fora  Regulation, if adopted, must be applied to 
the member countries of  the EEA. 

OJ  No  LI  of  3 January  1994, as amended  by  Decision of  the  EEA  Joint  Committee  No  7/94 of 
21 March 1994 (OJ No L 160.28.6.1994). 

J4 

Proposal  for a 

COUNCIL REGULATION  (EC) 

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

THE COUNCIL OF THE EUROPEAN UNION, 

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

Haying  regard to  the proposal from the Commission1, submitted  following  consultation 
of the Administrative Commission on Social  Security  for  Migrant Workers, 

Having regard to: trie opinion of the European Parliament2, 

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

Whereas  it  is  necessary  to  make certain amendments  to  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 
Community4, and to 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 

4 

OJ  No  L  149, 5.7.1971, p. 2.  Regulation  as  last amended  by  Regulation  (EC)  No 3096/95  (OJ  No 
L 335, 30.12.1995,p.  10). 

y^^i 

families  moving within the Community5; whereas some of these amendments are linked 
to changes  made by  the  Member States  to their social  security  legislation, while others 
are of a technical  nature and are intended  to make the said  Regulations more complete; 

Whereas, for  reasons of clarity, it is advisable to adapt the last sentence of Article  1 (f) 
(i) as regards the  meaning  of the term  "member of the  family"; 

Whereas, with regard to persons covered by Regulation (EEC) No 1408/71, members of 
the family and survivors of civil servants and persons treated as such should be explicitly 
included; 

Whereas  it appears  necessary  to ensure that persons who stay  in a Member State other 
than  the  competent  State  in  order  to  study  or  undergo  vocational  training,  and  the 
members of their family accompanying them, are covered by the provisions of Article 22 
(1) (a) of  Regulation  (EEC) No  1408/71 for any condition  necessitating  benefits; 

Whereas modernisation of the existing means of exchanging  information  between social 
security  institutions  in the  Member States  will  improve the service provided  to  insured 
persons moving within  the Community; 

Whereas the use of  telematic services for exchanging  data between  institutions  requires 
provisions guaranteeing that the documents exchanged by electronic means are accepted 
as equivalent  to paper documents; 

Whereas  such  exchanges  are  to  be  carried  out  in  accordance  with  the  Community 
provisions on the protection of individuals with regard to the processing of personal data; 

Whereas  it  is  a  fundamental  principle  that  the  Member  States  are  responsible  for  the 
development  and  functioning  of  telematic  services  between  their  own  social  security 
institutions with  assistance from  the European Community; 

Whereas the development and use of telematic services for the exchange of  information 
has been found  to require the creation of a Technical  Commission under the aegis of the 
Administrative  Commission  on  Social  Security  for  Migrant  Workers,  with  specific 
responsibilities  in the field  of data processing; 

Whereas it is necessary to amend part II of Annex I to Regulation  (EEC) No 1408/71 in 
order to clarify  the scope of  the entry under the heading  "E. FRANCE"; 

Whereas it is necessary, in the light of changes made to the relevant Spanish  legislation, 
to amend  the heading  "D. SPAIN" in part I of Annex II; 

Whereas  it  appears  advisable  to  adapt  the  heading  "D. SPAIN"  in  Annex  Ha  to  take 
account of the consolidation of the relevant Spanish legislation; whereas the headings "L. 

OJ  No  L  74,  27.3.1972,p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  3096/95  (OJ  No 
L  335,  30.12.1995,p.  10). 

12 

PORTUGAL" and "N. SWEDEN" should also be adapted, since the designation of certain 
benefits  has been changed; 

Whereas, as a result of the legislative changes in Germany and Luxembourg, the reference 
to the agreement between those two Member States contained in point 3, part D of Annex 
IV to Regulation  (EEC) No 1408/71 should be deleted; 

Whereas section  2 of  the heading  "B. DENMARK" must be adapted  to take account of 
the special  features  of  Danish legislation governing sickness  insurance; 

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

Whereas  account  should  be  taken  of  the  new  provisions  introduced  into~Spanish 
legislation  governing  the voluntary  insurance of  officials  of  international  organisations 
resident abroad; whereas steps  should  be taken to  make the wording  of points  1 and 2 
under  the  heading  "D. SPAIN"  in  Annex  VI  to  Regulation  (EEC)  No  1408/71  more 
consistent; 

Whereas it is necessary also to expand upon the heading  "F. GREECE" in Annex  VI to 
Regulation  (EEC)  No  1408/71  so  as  to  ensure  that  serving  or  retired  civil  servants, 
persons  treated  as  such  and  members  of  their  families  may  receive  sickness  and/or 
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 authorisation of the competent Greek  institution; 

Whereas, having regard to the specific nature of the system for financing sickness benefits 
in  the  Netherlands,  provision  should  be  made  for  specific  rules  in  respect  of  the 
reimbursement of benefits  provided by that Member State on the basis of Article 22c of 
Regulation  (EEC)  No  1408/71; 

Whereas  it  has  proved  necessary  to  supplement  Article  93  of  Regulation  (EEC)  No 
574/72 in the light of  the changes  introduced by  Regulations  (EC)  No 3095/95 and  No 
3096/95 and the new Article 22c; 

Whereas, following  the  administrative  reorganisation  in  Belgium,  Denmark,  Germany, 
Spain,  Greece, the  Netherlands  and  Portugal,  it  is  necessary  to  adapt  accordingly  the 
headings  "A. BELGIUM" in Annexes  1, 4 and  10; "B. DENMARK" in Annexes 2, 3, 4 
and  10; "C. GERMANY" in Annexes 2, 3, 4, 6 and  10; "D. SPAIN" in Annexes  1  and 
10;  "F.  GREECE"  in  Annexes  1  and  10;  "J.  NETHERLANDS"  in  Annex  1;  "L. 
PORTUGAL"  in  Annexes  1,  2,  3,  4  and  10;  and  "N.  SWEDEN"  in  Annex  10  to 
Regulation  (EEC)  No 574/72; 

incorporated 

Whereas the references  "58. FRANCE-FINLAND" and  "59. FRANCE-SWEDEN" are 
"12.  BELGIUM-FINLAND",  "17. 
to  be 
DENMARK-FRANCE","54. FRANCE-LUXEMBOURG","95. AUSTRIA-FINLAND" 
and "102. FINLAND-UNITEDKINGDOM" in Annex 5 to Regulation (EEC) No 574/72 
are to be adapted; 

the  headings 

and 

13 

Whereas  Annex  8  to  Regulation  (EEC)  No 574/72 should  be  duly  supplemented; 

Whereas, with a view  to achieving  the objective  of  freedom  of  movement  for  workers in 
the field  of social  security, the rules coordinating  national  social security schemes  rightly 
need  to  be  amended  by  a  binding  Community  legal  instrument  which  is  directly 
applicable  in every  Member  State; 

Whereas  this  is in accordance with  the provisions of  the third paragraph  of  Article 3b of 
the  Treaty, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

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

1 

The  last  sentence  of  Article  1 (f)  (i)  shall  be  replaced  by  the  following  text: 

"Where the  legislation  of a Member  State does  not enable  members  of the family 
to be distinguished from  the  other persons  to whom  it applies,  the  term  "member 
of the family"  shall  have  the  meaning given  to  it  in Annex  I". 

2 

The  third  paragraph  of  Article  2 shall  be  replaced  by  the  following  text: 

"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,  as  well  as to  the  members  of  their families  and  their 
survivors. " 

3 

The  following  Article  22c  shall  be  inserted  after  Article  22b: 

"Article 22c 

Studies  in  a  Member  State  other  than  the  competent  State  -  Stay  in  the  State 
where  the  studies  are  pursued 

A person,  as  referred to in Article  22  (1) and  (3) and in Article  22a, who stays in 
a  Member  State  other  than  the  competent  State  to  study  there  or  receive 
training  leading  to  a  qualification  officially  recognised  by  the 
vocational 
authorities  of a Member  State, and the members of his family  accompanying  him 
during  his  stay,  shall  be  covered  by  the provisions  of Article  22  (1)  (a) for  any 
condition  necessitating  benefits  during  the  stay  in  the  territory  of  the  Member 
State where  such person  is studying  or  in training. " 

4 

The  current  text  of  Article  81  (d)  shall  be  replaced  by  the  following: 

"(d) 

to foster  and develop  cooperation between Member  States by modernising 
procedures  for  exchange  of  information,  in  particular  by  adapting  the 

14 

information  flow  between  institutions  for 
the  purpose  of  telematic 
exchange,  taking  account  of  the  development  of  data  processing  in  each 
Member  State.  The  main  aim  of  such  modernisation  shall  be  to  expedite 
the  award  of  benefits. " 

5 

A  new  paragraph  shall  be  inserted  after  Article  85  (2), as  follows: 

"3. 

An  electronic  message  sent  by  an  institution  in  conformity  with  the 
provisions  of this Regulation  and the implementing Regulation  may not be 
rejected  by  any  authority  or  institution  of  another  Member  State  on  the 
grounds  that  it  was  received  by  electronic  means,  once  the  receiving 
institution  has  declared  its  ability  to  receive  electronic  messages. 
Reproduction  and  recording of such  messages shall  be presumed  to  be a 
correct  and  accurate  reproduction  of the  original  document  or recording 
of  the  information  it  relates to,  unless there  is proof  to  the  contrary. 

An  electronic message shall be considered valid if the computer system on 
which  the message  is recorded contains the safeguards  necessary in order 
to  avoid  any  alteration,  disclosure  or  access  to  the  recording.  It  shall  at 
any  time  be possible  to  reproduce the  information  recorded  in  a directly 
legible form.  When  an  electronic message  is  transferred from  one  social 
security institution to another, appropriate security measures shall be taken 
in  accordance  with  the  relevant  Community provisions. " 

6 

In  part  II  of  Annex  I,  the  heading  "E.  FRANCE"  shall  be  replaced  by  the 
following  text: 

"E. FRANCE 

For  the purpose  of determining  entitlement to family  allowances  or family 
benefits,  the term  "member of the family  " means any person  mentioned  in 
Article  L  512-3  of  the  Social Security  Code. " 

1 

In part I of  Annex  II, point  1 of the heading  "D. SPAIN" shall be replaced by the 
following: 

"1. 

Self-employed  persons  as  referred  to  in Article  10  (2)  (c) of  the 
Consolidated  Text of  the  General Law  on  Social  Security  (Royal 
Legislative  Decree  1/1994 of  20 June  1994)  and  in  Article  3  of 
Decree  No  2530/1970  of  20 August  1970  regulating  the  special 
scheme  for  self-employed  persons  who  join  a  professional 
association  and decide to become members of the mutual insurance 
society  set up by the said association instead  of joining  the special 
social  security  scheme for  self-employed persons. " 

8 

Annex  Ha  shall  be  amended  as  follows: 

a) 

Subparagraph  (c)  under  the heading  "D. SPAIN" shall  be  replaced  by  the 
following  text: 

15 

" (c)  Non-contributory invalidity and retirement pensions  and dependent 
child  benefits  as provided for  in Article  38  (1)  (c) and  (d) of  the 
Consolidated Text of the General Law on Social Security, approved 
by Royal Legislative Decree  No  1/1994 of  20 June  1994. " 

b) 

The text of subparagraph (h) under the heading  "L. PORTUGAL" shall be 
amended  as  follows: 

"(h)  Attendance  allowance for  persons  receiving  invalidity,  old-age  or 
survivors' pensions  under a non-contributory scheme  (Decree-Law 
No  160/80 of  27 May  1980 and Implementing  Order No  1066/94 
of 5 December  1994)." 

c) 

Under the heading  "N. SWEDEN", the reference  in subparagraph-^)  shall 
be  replaced  by  the  following: 

"(a)  Housing  supplements  for  persons  receiving  a  pension 

(Law 

1994:308). " 

9 

In  Annex  IV,  part  D,  point  3,  the  reference  to  the  agreement  of  20 July  1978 
between the Government of the Grand Duchy of Luxembourg and the Government 
of  the  Federal  Republic  of  Germany  shall  be  deleted. 

10 

Annex  VI  shall  be amended  as  follows: 

a) 

In  the  heading  "B.  DENMARK",  point  2  shall  be  replaced  by  the 
following  text: 

"2. 

Persons who, pursuant to Chapter 1, Title HI of the Regulation,  are 
entitled to benefits in kind during  a period  of stay  or  residence  in 
Denmark  shall  be  entitled  to  such  benefits  on  the  same  terms  as 
those  laid down by Danish  legislation for  persons  who,  under  the 
law  on  public  health  insurance  (lov  om  offentlig  sygesikring), 
belong  to  class  1.  However,  persons  who  take  up  residence  in 
Denmark  and join  the Danish health  insurance scheme  may, in the 
same  way as insured Danish  nationals,  opt  to  belong  to  class  2. " 

b) 

In  the  heading  "C.  GERMANY",  point  3  shall  be  replaced  by  the 
following  text: 

"3. 

If  application  of  the  Regulation  or  later  regulations  on  social 
security places an exceptional burden on certain sickness insurance 
institutions,  this  shall  be  compensated for  in full  or  in part.  The 
German  sickness  insurance  liaison  body  -  foreign  countries 
(Krankenversicherung  -  Ausland),  Bonn,  shall  take  decisions 
regarding such compensation by common agreement with the other 
central  federations  of  sickness  funds.  The  resources  needed  to 
implement  the  compensation  shall  be  divided  among  all  the 
sickness insurance institutions in proportion  to the average number 

16  • 

of  members over  the previous  year,  with  the  exception  of retired 
members. " 

c) 

In  the  heading  "E. SPAIN", points  1 and  2 shall  be  reworded  as  follows: 

"1. 

2. 

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  organised for  the  benefit  of  employed  or  self-employed 
persons  of the same Member  State,  laid  down  in Article  1  (a) (iv) 
of  the  Regulation,  will  not  be  required  of  persons  who,  in 
accordance  with  the provisions  of  Royal  Decree  No  317/1985  of 
6  February  1985,  are  affiliated  voluntarily  to  the  general  social 
security scheme in their capacity as an official or employee-serving 
an  intergovernmental international  organisation. 

In  accordance  with  the principle  of  equal  treatment,  the  benefits 
provided for  in Royal Decree  No 2805/79  of  7 December  1979 on 
voluntary affiliation to the general  social  security  scheme shall be 
extended to the nationals of the other Member  States, refugees and 
stateless persons residing in Community territory who, by taking up 
employment with  an  international  body,  cease  to  be  compulsorily 
affiliated  to the  Spanish social  security  system. " 

d) 

In  the  heading  "F. GREECE", the  following  point  shall  be  added: 

"7. 

Serving  or  retired  civil  servants,  persons  treated  as  such  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  authorisation  of the competent Greek 
institution, in accordance with  the procedures  laid down in Article 
22  (1)  (a)  and  (c)  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  Greek  social 
security  legislation  (statutory schemes). " 

e) 

In the heading  "J. NETHERLANDS", subparagraph  (b) of point  1  shall be 
worded  as  follows: 

"(b)  Article  17 of the  implementing  Regulation  shall  apply  by  analogy 
to  persons  referred  to  in  Article  22c  of  the  Regulation  who  are 
studying  or  undergoing vocational  training  in the Netherlands,  as 
well as to members of their family  accompanying  them during that 
period. 

17 

Notwithstanding  Article  93 of the implementing Regulation,  Article 
94  of  this  Regulation  shall  apply  by  analogy  to  benefits  provided 
to  the persons  referred to  in the previous  paragraph. " 

Article  2 

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

1 

Article  2(1)  shall  be  replaced  by  the  following  text: 

"1. 

Models of certificates, certified statements, declarations, claims and 
other  documents  necessary for  the  application  of  the  Regulation 
and  of  the  implementing  Regulation  shall  be  drawn  up  by  the 
Administrative  Commission. 

~ 

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

The certificates, certified statements, declarations, claims and other 
documents  may  be transferred between institutions  either  in paper 
form  or  by  means  of telematic services  as standardised  electronic 
messages  in accordance with the provisions  of Title  Via. Exchange 
of  information  by  means  of  telematic  services  is  subject  to  an 
agreement  between the competent authorities of the sending and the 
receiving  Member  State. " 

2 

Article  93  (1) shall  be  replaced  by the following  text: 

"1. 

The actual amount of benefits in kind provided  under Article  19 (1) 
and  (2) of  the  Regulation  to  employed and self-employed  persons 
and  to  members  of  their families  residing  in  the  territory  of  the 
in  kind  provided  under 
same  Member  State,  and  benefits 
Articles  21  (2), 22 to 22c,  25  (1),  (3) and  (4), 26, 29  (1) or 31 of 
the Regulation,  shall be refunded by the competent institution to the 
institution  which  provided  the  said  benefits  as  shown  in  the 
accounts  of  that  institution. " 

3 

After  Article  116, a  new  Title  shall  be  inserted  as  follows: 

"TITLE Via 
PROVISIONS  GOVERNING  ELECTRONIC  DATA  PROCESSING" 

4 

The  current  text  of  Article  117 shall  be  replaced  by  the  following: 

"Article 117 

Data  processing 

1. 

2. 

The Administrative  Commission shall,  on the  basis  of  studies  and 
proposals  of the  Technical Commission referred to in Article  117c 
of the  implementing Regulation,  adapt to the new data  processing 
techniques 
the  models  of  certificates,  certified  statements, 
declarations,  claims  and  other  documents,  as  well  as  the  routing 
channels  and  the  data  transmission  procedures  necessary  in 
applying  the Regulation  and  the  implementing  Regulation. 

Tlie Administrative  Commission shall  take the measures necessary 
to ensure the general  application  of these adapted models, routing 
channels and procedures,  taking account of the development of the 
new data processing  techniques  in  each Member  State. " 

The  following  Articles  shall  be  inserted  after  Article  117: 

— 

"Article 117a 

Telematic  services 

1. 

2. 

1. 

2. 

The Member  States  shall  gradually  further  the  use  of  telematic 
services for  the  exchange between  institutions of the data required 
the  application  of  the  Regulation  and  the  implementing 
for 
Regulation. 

The European  Commission  shall  lend  its  support  to  activities  of 
common interest as soon as the Member States have established the 
telematic  services. 

Vie  Administrative  Commission  shall,  on  the  basis  of  proposals 
from  the  Technical  Commission  referred to  in Article  117c  of  the 
implementing Regulation,  adopt the common architecture rules for 
the  telematic  services,  in  particular  on  security  and  the  use  of 
standards. 

Article  117b 

Management  of  the  telematic  services 

Each Member  State shall be responsible for  managing its own part 
of  the  telematic  services  in  accordance  with  the  Community 
provisions  on  the  protection  of  individuals  with  regard  to  the 
processing  of personal  data. 

Hie Administrative  Commission shall  lay down provisions for  the 
management  of  the  common part  of the  telematic  services. 

Article  117c 

19 

Technical  Commission  on  data  processing 

1. 

The  Administrative  Commission  shall  set  up  a  Technical 
Commission,  which  shall  deliver  reports  and  a  reasoned  opinion 
before  decisions  are  taken  pursuant  to  Articles  117,  117a  and 
117b.  The  methods  of  operation  and  the  composition  of  the 
Technical  Commission shall  be  determined  by  the  Administrative 
Commission. 

2. 

Hie  Technical  Commission shall: 

(a) 

(b) 

(c) 

gather together the relevant technical documents and undertake  the 
studies  and  work  required for  the purposes  of  the present  Title; 

submit  to the Administrative  Commission the  reports and  reasoned 
opinions  referred to  in paragraph  1; 

carry out all other tasks and studies on matters referred to it by the 
Administrative  Commission. " 

Annex  1 shall  be  amended  as  follows: 

a) 

The  heading  "A. BELGIUM"  shall  be  replaced  by  the  following  text: 

"A. BELGIUM 

1. 

2. 

Ministre  des  affaires  sociales,  Bruxelles  -  Minister  van  Sociale 
Zaken,  Brussel  (Minister for  Social Affairs,  Brussels). 

Ministre  de  l'agriculture  et des petites  et  moyennes  entreprises  -
Minister 
en  Middelgrote 
Ondernemingen,  Brussel  (Minister for  Agriculture  and  SMEs, 
Brussels). " 

van  Landbouw 

en  de  Kleine 

b) 

The  following  shall  be  inserted  in  place  of  the  existing  heading  "D. 
SPAIN": 

"D. SPAIN 

Ministro  de  Trabajo y  Asuntos  Sociales  (Minister for  Labour  and  Social 
Affairs),  Madrid". 

c) 

Points  1 and  2  of  the  heading  "F. GREECE"  shall  be  replaced  by  the 
following: 

"/.  Minister for  Labour  and  Social Security,  Athens" 

2. 

Minister for  Health  and  Welfare,  Athens". 

20 

d) 

Point  2  of  the  heading  "J.  NETHERLANDS"  shall  be  replaced  by  the 
following: 

"2.  Minister  van  Volksgezondheid,  Welzijn  en  Sport  (Minister  for 

Public  Health,  Welfare and  Sport),  Rijswijk". 

e) 

Points  1 and  3 of  the  heading  "L. PORTUGAL" shall  be  replaced  by  the 
following: 

"1.  Ministro  da  Solidaridade  e  Segurança  Social  (Minister  for 

Solidarity  and  Social  Security),  Lisboa. 

(...) 

3. 

Secretârio  Regional  da  Saûde  e  Segurança  Social  da  Regiâo 
Autônoma  dos  Açores  (Regional  Secretary for  Health  and  Social 
Security  of  the  Autonomous  Region  of  the  Azores),  Angra  do 
He rois mo. " 

Annex  2  shall  be  amended  as  follows: 

a) 

In  the  heading  "B.  DENMARK": 

i) 

Point  1 shall  be  replaced  by  the  following  text: 

"1. 

Sickness  and  maternity 

a) 

Benefits  in kind: 

The  competent  amtskommune  (district  administration).  In 
the  commune  of  Kobenhavn:  Magistraten  (the  communal 
administration);  in  the  commune  of  Frederiksberg:  the 
municipal  administration.  Hospital  treatment  in  these  two 
communes:  Hovedstadens  Sygehusfœlleskab 
(Hospital 
Association  of  the  Capital). 

b) 

Cash  benefits: 

The local authority of the commune  in which the beneficiary 
resides.  In  the  communes  of  Kobenhavn,  Odense,  Àlborg 
and Àrhus:  Magistraten  (the communal  administration) ". 

ii) 

Point  2  (b)  shall  be  worded  as  follows: 

"b) 

Rehabilitation  benefits: 

The local authority of the commune  in which the beneficiary 
resides.  In  the  communes  of  Kobenhavn,  Odense,  Àlborg 
and Àrhus:  Magistraten  (the communal  administration) ". 

21 

iii) 

Point  4  (b)  shall  be  replaced  as  follows: 

"b)  Daily  allowances: 

The local authority of the commune in which the beneficiary 
resides.  In  the  communes  of  Kobenhavn,  Odense,  Àlborg 
and Àrhus:  Magistraten  (the communal  administration) ". 

iv) 

Point  5  shall  be replaced  by  the  following  text: 

"5. 

Death  grants: 

The  local  authority  of  the  commune  in  which  the  beneficiary 
resides.  In  the  communes  of  Kobenhavn,  Odense,  Àlborg  and 
Àrhus:  Magistraten  (the communal administration) ". 

v) 

Point  7  shall  be  replaced  by  the following  text: 

"7. 

Family  benefits  (family allowances): 

The  local  authority  of  the  commune  in  which  the  beneficiary 
resides.  In  the  communes  of  Kobenhavn,  Odense,  Àlborg  and 
Àrhus:  Magistraten  (the communal administration) ". 

b) 

In  the  heading  "C. GERMANY": 

i) 
Under  point  1  (a),  the  words  "the  competent  Allgemeine 
Ortskrankenkasse  (Local General Sickness Fund) of the place  of  residence 
of  the person  concerned"  shall  be  replaced  by  "The sickness fund  chosen 
by  the person  concerned  in the place  of  residence ". 

ii) 

iii) 

Under point T  (b), the words  "Allgemeine Ortskrankenkasse  Bonn 
(Local  General Sickness Fund, Bonn),  Bonn " shall  be replaced  by 
"The  sickness  fund 
in  the  Bonn  area  chosen  by  the  person 
concerned". 

Under point  1 (c), third  subparagraph, sections  (i) and  (ii)  shall be 
deleted.  The  words  "Allgemeine Ortskrankenkasse  Bonn  (Local 
General  Sickness Fund  Bonn), Bonn " and  "the sickness  insurance 
institution  with  which  the  claimant or pensioner  is  insured"  shall 
be  replaced  by  "the sickness insurance fund  chosen  by  the  person 
concerned 
If  an  Allgemeine 
(Local  General  Sickness  Fund)  would  be 
Ortskrankenkasse 
competent  accordingly,  the  person  concerned  comes  under  the 
AOK-Rheinland,  Regionaldirektion Bonn  (Local  General  Sickness 
Fund  -  Rhineland, Regional Directorate  Bonn). " 

the  place  of  residence. 

in 

iv) 

Under  point  2  (a)  (i),  the  fifth  indent  shall  be  replaced  by  the 
following  text: 

22 

if the person  concerned is resident in Denmark, Finland or Sweden 
or is a Danish, Finnish or Swedish national resident in the territory 
of  a non-member  country: 

LandesversicherungsanstaltSchleswig-Holstein(RegionalInsurance 
Office of  Schleswig-Holstein),  Lubeck". 

v) 

Under  point  2  (a)  (i), a  new  indent shall  be  inserted  as  follows: 

if  the  person  concerned  is  resident  in  Austria  or  is  an  Austrian 
national  resident  in the territory  of a non-member  country: 

Landesversicherungsanstalt Oberbayern (Regional Insurance Office 
of  Upper Bavaria),  Munchen". 

— 

vi) 

Under  point  2  (b),  the  fifth 
following  text: 

indent  shall  be  replaced  by  the 

if  the  last  contribution  under  the  legislation  of  another  Member 
State  was  paid 
into  a  Danish,  Finnish  or  Swedish  pension 
insurance  institution: 

LandesversicherungsanstaltSchleswig-Holstein(RegionalInsurance 
Office of  Schleswig-Holstein),  Lubeck". 

vii) 

An additional  indent shall be inserted under point 2 (b), as  follows: 

if  the  last  contribution  under  the  legislation  of  another  Member 
State was paid  into an Austrian pension  insurance  institution: 

Landesversicherungsanstalt Oberbayern (Regional Insurance Office 
of  Upper Bavaria),  Munchen". 

c) 

Under points 1.3, II.3 and III.3 of the heading  "L. PORTUGAL", the entry 
in  the  right-hand  column  is to be  replaced  by  the  following: 

"Centro Nacional  de  Protecçâo  contra  os  Riscos  Profissionais 
(National  Centre for  Protection Against  Occupational Risks) ". 

Annex  3 shall  be  amended  as  follows: 

a) 

In  the  heading  "B.  DENMARK": 

i) 

Point  I (a)  (ii)  shall  be  replaced  by  the  following  text: 

(ii)  for 
implementing  Regulation: 

the  purposes  of  applying  Articles  18  and  25  of  the 

23 

the local authority of the commune in which the beneficiary resides. 
In  the  communes of  Kobenhavn, Odense, Àlborg  and  Àrhus: 
Magistraten  (the communal administration) ". 

ii) 

Point I (d) (ii) shall be replaced by the following  text: 

" (ii) for  the purposes  of applying Article 61 of the  implementing 
Regulation: 

the local authority of the commune in which the beneficiary resides. 
In  the  communes of  Kobenhavn, Odense, Àlborg  and Àrhus: 
Magistraten  (the communal administration) ". 

iii) 

Point  II  (a) shall be replaced by the following  text: 

-

"(i) 

for  the purposes of applying Articles 19a, 20, 21 and 31  of 
the implementing Regulation: 

the competent amtskommune (district administration). In the 
commune  of  Kobenhavn:  Magistraten  (the communal 
administration);  in  the  commune of  Frederiksberg:  the 
communal administration.  Hospital treatment in these two 
communes:  Hovedstadens  Sygehusfœlleskab (Hospital 
Association  of the  Capital). 

(ii) 

for  the purposes of applying Article 24 of the implementing 
Regulation: 

the local authority of the commune in which the beneficiary 
resides.  In the communes  of  Kobenhavn, Odense,  Àlborg 
and Àrhus: Magistraten  (the communal administration) ". 

(iv) 

Point II  (b) (ii) shall be replaced by the following  text: 

" (ii) 

for  the purposes of applying A rticle 64 of the implementing 
Regulation: 

the local authority of the commune in which the beneficiary 
resides.  In  the communes  of  Kobenhavn, Odense,  Àlborg 
and Àrhus: Magistraten  (the communal administration) ". 

b) 

In the heading  "C. GERMANY": 

i) 

Point  1 shall  be replaced by the following  text: 

"In all cases: the sickness fund chosen by the person concerned in 

the place of residence or stay ". 

24 

ii) 

Point  3  (a)  (vi)  shall  be  replaced  by  the  following  text  and  a  new 
point  shall  be  added  after  point  (ix): 

"(vi)  dealings  with Denmark,  Finland  and  Sweden: 

Landesversicherungsanstalt  Schleswig-Holstein  (Regional 
Insurance  Office of  Schleswig-Holstein),  Lùbeck". 

(...) 

(x) 

dealings  with  Austria: 

Landesversicherungsanstalt 
Insurance  Office of  Upper Bavaria),  Munchen ".  ~ 

Oberbayern 

(Regional 

c) 

Underpoints  I.3,II.3and  III.3of  the heading  "L.PORTUGAL", the entry 
in  the  right-hand  column  shall  be  replaced  by  the  following: 

"Centro  Nacional  de  Protecçâo  contra  os  Riscos  Profissionais 
(National  Centre for  Protection  against  Occupational Risks) ". 

Annex  4  shall  be  amended  as  follows: 

a) 

Under  point  4  (b)  of  the  heading  "A. BELGIUM", the entry  in  the  right-
hand  column  shall  be  replaced  by  the  following 

"Ministère  des  affaires  sociales,  de  la  santé  publique  et  de 
l'environnement  (Ministry of Social Affairs,  Public Health  and  the 
Environment),  Bruxelles ". 

b) 

Under point  7 of  the  heading  "B. DENMARK", in the right-hand  column, 
the  term  "Socialministeriet  (Ministry of Social Affairs) " shall  be  replaced 
by  "Direktoratet for  Social  Sikring  og  Bistand  (Directorate for  Social 
Security  and Assistance) ". 

c) 

In  the  heading  "C. GERMANY": 

i) 

the  words  "AOK-Bundesverband  (National 
under  point  1, 
Federation  of Local  Sickness Funds),  Bonn-Bad  Godesberg"  shall 
be replaced  by  "Deutsche Verbindungsstelle Krankenverischerung-
Ausland  (German  Sickness  Insurance  Liaison  Body  -  Foreign 
Countries),  Bonn". 

ii) 

under  point  3  (b)  (ii),  the  existing  text  shall  be  replaced  by  the 
following  and  a  new  point  (x)  shall  be  added: 

"ii) 

dealings  with Denmark,  Finland  and  Sweden: 

25 

Landesversicherungsanstalt  Schleswig-Holstein  (Regional 
Insurance  Office of  Schleswig-Holstein),  Lubeck". 

(...) 

x) 

dealings  with  Austria: 

Landesversicherungsanstalt 
Insurance  Office of  Upper Bavaria),  Munchen ". 

Oberbayern 

(Regional 

d) 

In  the heading  "L. PORTUGAL", the entry  in the right-hand  column  is to 
be  replaced  by  the  following: 

"Departamento de  Relaçôes  Internationals  de  Segurança  Social 
(Department  of  International  Relations  for  Social  Security), 
Lis boa ". 

10 

Annex  5  shall  be amended  as  follows: 

a) 

In  the  heading  " 12. BELGIUM-FINLAND",the  words  "does not  apply" 
shall  be  replaced  by  the  following  text: 

(3)  and  63 

"Hie exchange  of  letters of  18 August  and  15 September  1994 regarding 
Articles  36 
(EEC)  No  1408/71 
(reimbursement or waiving of reimbursement of the cost of benefits in kind) 
and  Article  105  (2)  of  Regulation  (EEC)  No  574/72  (waiving  of 
reimbursement  of 
the  cost  of  administrative  checks  and  medical 
examinations) ". 

(3)  of  Regulation 

b) 

The  heading  "17.  DENMARK-FRANCE"  shall  be  replaced  by  the 
following  text: 

"17. DENMARK-FRANCE 

The Arrangement  of  29 June  1979 and  the  additional  Arrangement  of  2 
June  1993  concerning  the partial  waiving  of  reimbursement pursuant  to 
Article  36  (3)  and  Article  63  (3)  of  the  Regulation  and  the  reciprocal 
waiving  of reimbursement pursuant  to Article  105  (2) of the implementing 
Regulation  (partial waiving of reimbursement of the cost of benefits in kind 
in  respect  of  sickness,  maternity,  accidents  at  work  and  occupational 
diseases, and waiving of reimbursement of the cost of administrative checks 
and  medical  examinations) ". 

c) 

In  the  heading  "54. FRANCE-LUXEMBOURG",the  following  point  (e) 
shall  be  added: 

"(e) 

The  exchange  of  letters  of  17  July  and  20  September  1995 
concerning  the terms for  settling  reciprocal claims  under  Articles 
93,  95 and  96 of the  implementing  Regulation ". 

26 

d) 

Two  new  headings  shall  be  inserted: 

"58.  FRANCE-FINLAND 
Does  not  apply 

59. 

FRANCE-SWEDEN 
None". 

e) 

In the heading  "95. AUSTRIA-FINLAND",the current text shall  become 
point  (a)  and  the  following  point  (b)  shall  be  added: 

"(b) 

TJie  Agreement  of  23  June  1994  concerning  Articles  36  (3)  and 
63  (3) of Regulation  (EEC) No 1408/71 (reimbursement or waiving 
of reimbursement of the cost of benefits in kind) and Article-105  (2) 
of Regulation  (EEC) No 574/72  (waiving of  reimbursement  of  the 
cost of  administrative  checks and medical  examinations) ". 

f) 

In the heading  "102. FINLAND-UNITEDKINGDOM", the word  "none" 
shall  be  replaced  by  the  following  text: 

"The exchange of letters of 1 and 20 June  1995 concerning Articles  36 (3) 
and 63  (3) of Regulation  (EEC) No 1408/71  (reimbursement or waiving of 
reimbursement  of  the  cost  of  benefits  in  kind)  and  Article  105  (2)  of 
Regulation  (EEC)  No  574/72  (waiving  of  reimbursement  of  the  cost  of 
administrative  checks  and medical examinations) ". 

11 

Annex  6 shall  be  amended  as  follows: 

In the  heading  "C. GERMANY": 

i) 

Points  1 (a)  and  2  (a)  shall  be  replaced  by  the following  text: 

"(a) 

dealings  with  Belgium, Denmark,  Greece, Spain,  France,  Ireland, 
Italy, Luxembourg, Portugal, the United Kingdom, Austria,  Finland 
and  Sweden:  direct  payment". 

ii) 

The  text  of  point  4  shall  read  as  follows: 

"4. 

Accident  insurance: 

a) 

b) 

dealings  with  Spain,  Greece, Italy,  the Netherlands  and  Portugal: 
payment  through  the liaison bodies of the  competent  State and  the 
State  of  residence  (joint  application  of  Articles  53  to  58  of  the 
implementing  Regulation and of the provisions  set out in Annex  5); 

dealings  with  Belgium,  France 'and Austria:  payment  through  the 
liaison  body  of the  competent State; 

27 

c) 

dealings  with Denmark, Finland,  Ireland, Luxembourg,  the United 
Kingdom  and  Sweden: direct payment,  unless  otherwise  provided 
for". 

12 

The  following  two  entries  are  to be  inserted  in section  (a)  of  part  A to Annex  8: 

a) 

b) 

the entry  "Germany and Portugal"  is to be inserted  after  the entry  reading 
"Germany and Austria "; 

the  entry  "Ireland and  Finland"  is  to  be  inserted  after  the  entry  reading 
"Ireland and Austria ". 

13 

Annex  10 shall  be  amended  as  follows: 

a) 

Under point 4 of  the  heading  "A. BELGIUM", the two  indented  entries  in 
the  right-hand  column  are to be  replaced  respectively  by  the  following: 

Ministère  des  affaires  sociales,  de  la  santé  publique  et  de 
l'environnement;  administration de la sécurité sociale, service des 
relations  internationales,  Bruxelles "  (Ministry  of  Social  Affairs, 
Public Health and the Environment; social security  administration, 
international  relations department,  Brussels). 

Ministère  des classes moyennes et de  l'agriculture;  administration 
du  statut  social  des  indépendants,  Bruxelles " (Ministry for  Small 
insurance 
Firms  and  Traders  and  for  Agriculture;  social 
administration for  the self-employed),  Brussels". 

b) 

In  the  heading  "B.  DENMARK",  point  4  shall  be  replaced  by  the 
following  text: 

"4. 

For  the purposes  of applying Articles  38  (1),  70 (1) and  82  (2) of 
the  implementing  Regulation: 

The  local  authority  of  the  commune  in  which  the  beneficiary 
resides.  In  the  communes  of  Kobenhavn,  Odense,  Alborg  and 
Àrhus:  Magistraten  (the communal  administration) ". 

c) 

2" 

Under  points  3,  8  and  9  of  the  heading  "C.  GERMANY",  the  words 
"AOK-Bundesverband  (National  Federation  of  Local  Sickness  Funds), 
"Deutsche  Verbindungsstelle 
Bonn 
Krankenversicherung-Ausland  (German Sickness Insurance Liaison Body -
Foreign  Countries),  Bonn".  The  text  of  point  4  shall  be  replaced  by  the 
following: 

replaced 

shall 

by 

be 

"4. 

For  the  purposes  of  applying  Article  13  (2),  (3)  and  (4)  and 
Article  14 of  the  implementing  Regulation: 

28 

The  sickness  fund 
concerned". 

in  the  Bonn  area  chosen  by  the  person 

d) 

Point  1  of the heading  "D. SPAIN" shall be replaced by the following  text: 

"1. 

For  the  purposes  of  applying  Article  17  of  the  Regulation  in 
individual cases and Article  6 (1) (with the exception of the special 
agreement  between seafarers and the Instituto social de  la Marina 
[Institute for  the  Welfare of Seamen]), Article  11  (1), Article  11a, 
Anicle  12a, Article  13 (2) and  (3), Article  14 (1), (2) and  (3), and 
Article  109 of the  implementing  Regulation: 

Tesoreria  General de  la Seguridad  Social  (Social Security 
General Fund) ". 

e) 

The  heading  "F. GREECE"  shall  be  replaced  by  the  following  text: 

"1. 

For  the  purposes  of  applying  Article  6  (I)  of  the  implementing 
Regulation: 

Iôpvfxa  Ko L  vuv  L  KUV  Aa<fia\ Caeuv  (IRA),  AÔfjva 
(Social Insurance  Institute,  IKA,  Athens) 

2. 

For  the purposes  of  applying: 

a) 

b) 

Article  14  (1), Article  14b  (1) and  the  agreements  under 
Article  17 of the Regulation,  in conjunction with Article  11 
of the  implementing  Regulation, 

Article  14  (2)  (b) and  the  agreements  under Article  17 of 
the  Regulation,  in  conjunction  with  Article  12a  of  the 
implementing  Regulation: 

i) 

in  general: 

lop  vfia  KOLVWV L K6V  Ao<paX Coewv (IKA),  Adfjva 
(Social Insurance Institute,  IKA,  Athens) 

ii) 

for  mariners: 

NavT  L  KO AiïOfjLŒXiK.0 Ta/ie  CO  (NAT),  ne  ipaiŒq 
(Mariners'  Retirement Fund, NAT,  Piraeus) 

3. 

For  the purposes  of  applying: 

a) 

Article  14a  (1), Article  14b  (2) and  the  agreements uruler 
Anicle  17 of the Regulation, in conjunction with Article 
lia 
of  the  implementing  Regulation, 

29 

b) 

c) 

Article  14a  (2),  Anicle  14c  and  the  agreements  under 
Article  17 of the Regulation, in conjunction  with Anicle  12a 
of  the  implementing  Regulation, 

Anicle  13  (2)  and  (3)  and  Anicle  14  (1)  and  (2)  of  the 
implementing  Regulation: 

i) 

for  employed  persons: 

Iôpvfioi  Ko L VUV LKUV AGcfxxX CC€(s)V  (IKA), Adfjva. 

(Social Insurance  Institute,  IKA,  Athens) 

ii) 

for  self-employed  persons: 

(Tlieir particular  insurance  body), 

more  specifically: 

owners of  means of transport for  public  use: 
TotixeCo EvvToitietôV AvTOKLvqTiCTtiv  (TEA),Adfjva 
(Drivers ' Pension Fund,  TSA,  Athens) 

Craftsmen and small  traders: 

TapLeCo EnccfyeXuaTLtiv KŒL  Biorexvuv  EXXâôaç 
(TEBE),  Adfjva 
(Insurance Fund for  Craftsmen  and  Small  Traders, 
TEVE, Athens) 

traders: 

TdfieCo  Ao4>â.\iaj]q  Epirôpcôv  (TAE), Adrjvot 
(Traders ' Insurance Fund,  TAE,  Athens) 

tourist and shipping  agents: 

T0>IJL6 LOAa4>c7\L(Jr]ÇNCiVTLK(x)V UpCtKTÔpUV KŒL 
Y-ïïotXXfjXuv  (TANIIY),  n e i p o f t dç 
(Insurance  Fund 
Employees,  TANPY, Piraeus) 

Shipping  Agents  and 

for 

solicitors,  lawyers and  notaries: 

Ta fie to  NofiLKUV,  Adrjva 
(Jurists ' Fund, Athens) 

doctors, dentists,  veterinarians  and  pharmacists: 

30 

Tap.eCo  EvvTa^rjç 
Yye  LOvopLKtiv  (TEAY),  Aôfjva 
(Medical Personnel's  Insurance  and  Pension Fund, 
TSAY,  Athens) 

Avrau^âXiO-qç 

KOLL 

engineers and  architects: 

Toip.e^foZ\jvrot^r\qMr]xoLV LKUV KOLL  EpyoXTjirrtiv 
àT\p.ociuv  Epyuv 
(Pension  Fund  for  Engineers  and  Public  Works 
Contractors, TSMEDE,  Athens) 

(TZMEAE), Ad-qva 

staff  of  daily  newspapers 
Thessaloniki: 

in  Athens  and 

Totp.e  Co LvvTŒ^Tjç npoacoTTt Kov E(pr)p.ep CÔwv 
ABrjvotq,  -  QeaaaXov  CKTJÇ (TZTIEAQ),  Adrjva 
(Pension Fund for  Press  Employees  in Athens  and 
Thessaloniki, TSPEATh,  Athens) 

proprietors  of  provincial  daily  newspapers  and 
periodicals  as well  as  journalists: 

To>p.eCo  Aa4)âXiOT\q  IôiOKTf)T(àv,  LVVT&KTUV  KOLL 
Yiro>XXfjXù)V  TVTTOV  (TAILYT),  AdfjVOi 
(Insurance Fund for  Press Proprietors, Editors  and 
Employees,  TAISYT, Athens) 

hoteliers: 

Tapie Co  ïïpovo  LŒÇ Zevoôôxuv, 
(Hoteliers ' Provident Fund, Athens) 

AÔrfva 

news  vendors: 

Tape  CaLuvrâÇeuv  E(pr)pep L ooiiu)XuJv,Adfjva-
QeaaaXov  CKTJ 
(News Vendors ' Pension Fund, Athens-Thessaloniki) 

iii) 

for  mariners: 

NaVT L KO  ATTOflŒXLKÔ  Tape  Co (NAT), Il€  LpŒLŒÇ 

(Mariners'  Retirement Fund, NAT,  Piraeus) 

4. 

For  the purposes  of applying Article  14d  (3) of  the  Regulation: 

a) 

in  general: 
Iôp  vpa  Ko L  VOJV  L  KÙ)V Aa4>aX Caewv  (IKA),  Ad f\ va 

31 

(Social Insurance Institute,  IKA,  Athens) 

b) 

for  mariners: 

Navr  L no  AiiopLaxLKO Tape  Co (NAT), ne 
(Mariners ' Retirement Fund, NAT,  Piraeus) 

ipaiâç 

5. 

For  the  purposes  of  applying  Article  80  (2), Article  82  (2)  and 
Article  85  (2) of  the implementing  Regulation: 

Opyav  Lopoç  A-naaxôXnonq  Epyar  LKOV  AvvapLKOv  (OAEA), 
TXv(j)âôa 
(Labour Employment  Organisation,  OAED,  Glyfada) 

6. 

For  the  purposes  of  applying  Article  81  of  the  implementing 
Regulation: 

Iôpvpa  Ko L vuv  L KUV  AocfraX Caeuv  (IKA),  Adfjva 
(Social Insurance Institute,  IKA,  Athens) 

7. 

For  the purposes  of  applying Article  102  (2) of  the implementing 
Regulation: 

a) 

family  allowances,  unemployment  benefits: 

Opyav Lapôç A-naax6Xr\ar\q EpyariKOV  AUvapiKOV (QAEà), 
rXu0dôa 
(Labour Employment  Organisation,  OAED, Glyfada) 

b) 

benefits for  mariners: 

OCKOÇ  NavTOV, Ile 
(Seamen's Home, Piraeus) 

ipaiâç 

c) 

other  benefits: 

lop  vpa  Ko L vuv  t Kù)v  Aa<paX Coeuv  (IKA),  Adfjva 
(Social Insurance Institute,  IKA,  Athens) 

8. 

For  the  purposes  of  applying  Article  110  of  the  implementing 
Regulation: 

a) 

family  allowances,  unemployment  benefits: 

Opyav t opoç A-naaxoXr\ar]q Epyar  LKOV àv vap i KOV  (QAEà), 

TXv<j)âôa 

(Labour Employment  Organisation,  OAED, Glyfada) 

b) 

.  benefits for  mariners: 

32 

Navr  L  KO AiropaxLKÔ  Tapte Co (NAT), Ile  LpaLâç 
(Mariners'  Retirement Fund, NAT,  Piraeus) 

c) 

other  benefits: 

Iôp  vpa  Ko Lvuv  L K(ÙV  AacfraX Caeuv  (IKA),  Adfjva 
(Social Insurance Institute,  IKA,  Athens) 

9. 

For  the purposes  of  applying Article  113  (2) of  the  implementing 
Regulation: 

a) 

benefits for  mariners: 

Navr  L  KO AirOpax  L HO Tape  Co (NAT), He  Lpataç 
(Mariners'  Retirement Fund, NAT,  Piraeus) 

b) 

other  benefits: 

Iôpvpa  Ko L  VÙ)V  L K&V  AocpaX Coeuv  (IKA),  AÔfjva 
(Social Insurance Institute,  IKA, Athens) ". 

f) 

Under  points  1.1,4,  5  and  11 of  sections  I,  II  and  III  of  the  heading  "L. 
PORTUGAL", the entry  in the right-hand  column shall be replaced by the 
following: 

"Departamento de  Relaçôes  Internacionais  de  Segurança  Social 
(Department  of  International  Relations  for  Social  Security), 
Lisboa ". 

g) 

In  the  heading  "N.  SWEDEN",  point  6  (a)  shall  be  replaced  by  the 
following  text: 

"(a)  Tlie social  insurance office at  the place  where  the  work  is or  will 
be performed  and,  where the  work  will  be performed  in  another 
Member  State,  the  social  insurance  office  where  the  person  is 
insured  when  the agreement is made,  and". 

ARTICLE  3 

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

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

Done at  Brussels, 

For the  Council 

33 

The President 

34 

ISSN 0254-1475 

COM(96) 452  final 

DOCUMENTS 

EN 

05  04  10 

Catalogue number  :  CB-CO-96-461-EN-C 

ISBN 92-78-08870-6 

Office  for Official  Publications  of the European  Communities 

L-2985  Luxembourg 

35