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: 1997-07-18
Institutions: European Commission
Subjects: self-employed person, self-employment, social security, working conditions, working population

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  18.07.1997 
COM(97) 378  final 

97/0201 (CNS) 

Proposal for a 

mi  TNCTL REOT TT. ATTON (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 

I. 

INTRODUCTION 

Regulations  (EEC) Nos  1408/71 and  574/72 were most  recently amended  and  updated  in 
a consolidated  official  text by Regulation (EEC) No  118/971. 

The purpose  of this  proposal  is to  update  these  Community  Regulations  to  take  account 
of  changes  to  national  legislation  and  certain  bilateral  conventions  concluded  between 
Member  States.  It  is  also  necessary  to  take  account  of  the  amending  of  Article 95  of 
Regulation (EEC) No  574/72 by Regulation (EC) No 3095/95. 

H. 

EXPLANATIONS  RELATING TO THE INDIVIDUAL  ARTICLES 

Article 1 

Amendments  to Regulation  (EEC) No 1408/71 

Articles  29  and  31  have  to  be  amended  as  a  result  of  the  amending  of  Article  95  of 
Regulation  (EEC) No  574/72 by Regulation  (EC) No  3095/95, which  replaces  lump-sum 
reimbursement per family by lump-sum reimbursement per person. 

1. 

Amendment  of Article 29(Q(a) 

Article 29 regulates the provision of health and maternity insurance benefits  for  the 
members of the family of a pensioner who reside in the territory of a Member  State 
other than the.one in which the pensioner resides. 

The proposal  stipulates that  the cost  of benefits  in kind provided  by the  institution 
of the  place  of  residence  of  the  family  members  shall  be  borne  by  the  competent 
institution. 

If the family  members reside  in the competent  Member  State,  no reimbursement  is 
necessary,  as  the  benefits  are  provided  by  and  at  the  expense  of  the  competent 
institution. 

2- 

Amendment  of Article 31(a) 

Article 31(a) regulates the provision  of health and  maternity  insurance benefits  for 
pensioners and/or family  members staying in a Member State other than the one in 

OJ No L 28 of 30 January  1997. 

£ 

which they  reside. The proposal  stipulates that  since the institution  of the  place  of 
residence  of  the  family  members  receives  lump  sums  per  person,  it  shall,  in  the 
event  of a stay by family  members, reimburse the effective  cost  of benefits  in kind 
to the institution  of the place of stay which provided  such  benefits. 

3. 

Amendment  of Annex I. Part I 

Annex I,  Part  I,  lists the  persons  regarded  as  employed  persons  or  self-employed 
persons within the meaning of Article  l(a)(ii) and (iii) of the Regulation. 

The  changes  to  section  "G.  IRELAND"  take  account  of  the  consolidation  and 
updating of the Irish Social Welfare (Consolidation) Act in  1993. 

4. 

Amendment  of Annex II. Part II 

Annex II, Part II, lists the special childbirth allowances excluded  frorrfthe  scope of 
the Regulation under the terms of Article l(u)(i). 

The  amendment  to  section  "K.  AUSTRIA"  takes  account  of  the  abolition  of  the 
childbirth allowance in Austria. 

5. 

Amendment of Annex Ha 

Annex Ha lists the special non-contributory benefits  granted  to  persons  exclusively 
in  the  territory  of  the  Member  State  in  which  they  reside,  in  accordance  with 
Article  10a  of the Regulation.  These are  social  security  benefits  directly  linked  to 
the economic and social environment of the Member  State  concerned. 

In view of the changes  made to Finnish unemployment  legislation,  the  codification 
and updating of Irish and Italian legislation,  and the introduction  of new legislation 
in the Netherlands,  it  is  necessary  to  add  or  amend  certain  items  in  sections  "G. 
IRELAND", "H. ITALY", "J. NETHERLANDS" and "M. FINLAND". 

6. 

Amendment  of Annex IV 

Part  A  of  Annex  IV  relates  to  the  legislation  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.  Paragraph  1 of Part  D  of  Annex  IV  refers  to  the 
benefits  mentioned  in Article 46b(2)(a)  of the Regulation,  the  amount  of which  is 
independent  of the length of periods of insurance or residence  completed. 

It is proposed  that the reference  to legislation in section "G.  IRELAND"  of Part A 
be amended  in line with the consolidation  and updating  of the Irish  Social  Welfare 
(Consolidation)  Act in  1993. 

It  is also  proposed  that  the references  to  the  General  Law  on  incapacity  for  work 
(AAW) in subparagraph  (b) of section "J. NETHERLANDS"  in Part  A and to  the 
Law  on  general  insurance  for  widows  and  orphans  (AWW)  in  paragraph  1(f)  of 
Part D be amended  in order to take account  of changes to Dutch  legislation. 

^ 

It is also proposed  that the references  to the General  Law  on  incapacity  for  work 
(AAW)  in subparagraph  (b) of section "J. NETHERLANDS" in Part A and to the 
Law  on  general  insurance  for  widows  and  orphans  (AWW)  in  paragraph  1(f)  of 
Part D be amended in order to take account of changes to Dutch  legislation. 

Amendment of Annex VI 

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

a) 

Amendment of section "B.  DENMARK" 

The  proposed  amendment  is  designed  to  take  account  of  the  change  to 
Danish  legislation  on  unemployment  insurance,  as  a  result, of  which  all 
employed  and  self-employed  workers  in  Denmark  enjoy 
the  same 
possibilities of membership of an unemployment  insurance  fund,  provided 
that  any  self-employed  activity  constitutes  the  principal  activity  of  the 
person  concerned. 

b) 

Amendment  of section "D.  SPAIN" 

The  amendment  suggested  covers  the  calculation  of the  average  basis  for 
contributions  referred  to  in  Article  47(1 )(g)  of  Regulation  (EEC)  No 
1408/71 and takes account of the judgment  of the Court of Justice in Case 
C-251/94,  Eduardo Lafuente  Nieto.  The  new  wording  of  paragraph  4(b) 
would  make it possible to apply to the pension obtained  (calculated  on the 
basis  of past  contributions)  all revalorisations  carried  out  from  the time at 
which the pension was calculated  until the date from  which  entitlement  to 
the  pension  begins  (the  effective  date),  including  the  year  preceding  the 
materialisation of the risk. 

c) 

Amendment  of section "E. FRANCE" 

The  intention  is  to  add  a  reference  to  a  family  allowance  designed  to 
supplement  the  arrangements  for  parental  child-rearing  allowance  and 
home  child-care  allowance with  a view to reducing  the cost  of  employing 
a child-minder at home. 

d) 

Amendment  of section "G. IRELAND" 

The  proposed  amendment  is  intended  to  avoid  adverse  effects  as  a  result 
of  applying  Articles  23(1)  and  68(1)  of  Regulation  No  1408/71  when 
calculating  earnings  for  the  granting  of  sickness  and  unemployment 
benefit. 

e) 

Amendment  of section "J. NETHERLANDS" 

4 

The  proposed  amendments  are  designed  to  take  account  of  changes  to 
Dutch  legislation  on  surviving  dependants  and  incapacity  for  work  in 
respect of self-employed  persons. 

f) 

Amendment of section "M. FINLAND" 

The  intention  is  to  add  a  new  point  to  make  it  clear  that  the  National 
Pensions Act is.applied in accordance with Article 45(5) of Regulation No 
1408/71. 

Article 2 

Amendments  to Regulation  (EEC) No 574/72 

Articles  29, 30, 31, 93 and 95 have to be amended  as a result of the amending  of  Article 
95 of Regulation (EEC) No 574/72 by Regulation No 3095/95, which replaces  lump-sum 
reimbursement per family by lump-sum reimbursement per person. 

1. 

Amendment of Article 29m.  (2) and (5) 

The  intention  is to stipulate that  this Article refers  to pensioners  and members  of 
their families who are resident in the same Member State. 

2. 

Amendment of Article 30 (heading and paragraphs  1. 3 and 5) 

a) 

Amendment  of the heading 

The aim is to make it clear in the heading that the formalities  provided  for 
do not apply if the members of the family  reside in the competent  Member 
State. 

b) 

Amendment  of paragraph  1 

The  intention  of  the  proposal  is  to  stipulate  that  it  is  the  competent 
institution  which  will  issue  the  certified  statement,  to  be  produced  by 
family  members  when  registering  with  the  institution  of  their  place  of 
residence,  testifying  that  the  pensioner  is  entitled  to  benefits  in  kind  for 
himself  and  for  the  members  of  his  family.  The  text  is  also  brought  into 
line with Article 29(2) of the same Regulation. 

c) 

Amendment  of paragraph  3 

The  intention  of  the  proposal  is  to  stipulate  that  it  is  now  the  competent 
institution (instead of the institution  of the pensioner's place of residence) 
which  provides  information  on  the  suspension  or  withdrawal  of  the 
pension or on entitlement to benefits  in kind. 

It  is  no  longer  necessary,  in  this  case,  to  supply  information  on  "any 
transfer  of residence of the pensioner". 

d) 

Addition  of a new paragraph  5 

2 

The proposed text is taken from  Article 29(3) of the same Regulation. 

3. 

Amendment of Article 31(3) 

Article  31  lays  down  the  formalities  to  be  complied  with  in  order  for  the 
pensioner  and members of his family  to be granted benefits  in kind when  staying 
in a Member State other than the one in which they are resident. 

The  proposal  reflects  the  fact  that,  where  members  of  the  family  reside  in  a 
Member  State  other  than  that  in  which  the  pensioner  is  resident,  it  is  now  the 
institution  of  their  place  of  residence  which  is  responsible  for  these  formalities 
(instead of the institution of the pensioner's place of residence). 

4. 

Amendment of Article 93(1) and (2) 

The aim of the proposal  is to discontinue the effective  reimbursement  of  benefits 
in the case of Article 29(1), by deleting the reference  to Article  93 of  Regulation 
No 574/72. 

5. 

Amendment of Article 95(1) and (3) (b) 

It  is necessary  to  stipulate  that  lump-sum  reimbursement  per  person  also  applies 
in  the  case  of  Article  29(1)  of  Regulation  No  1408/71;  this  is  done  by  adding  a 
reference  to Article 95 of Regulation No 574/72. 

6. 

Amendments to Annex 1 

Annex  1 lists the competent authorities. 

a) 

Amendment of section "F. GREECE" 

The  proposed  amendment  is  necessary  in  order  to  take  account  of 
paragraphs  7 and  8 of  section  "F.  GREECE"  of  Annex  VI  to  Regulation 
(EEC)  No  1408/71,  concerning  the  application  of  Articles  22(1)  (a)  and 
(c), 22(2)  (second paragraph), 22(3), 31(a) and 22(c) of Regulation  (EEC) 
No  1408/71  to  serving  or  retired  public  service  employees  (civilian  or 
military), to persons treated as such, and to members of their  families. 

b) 

Amendment of section "K. AUSTRIA" 

The  proposed  changes  are  a  consequence  of  the  renaming  of  the  two 
Austrian ministries concerned. 

7. 

Amendments to Annex 2 

Annex 2 lists the competent institutions of each Member State. 

a) 

Amendment of section "B. DENMARK" 

The  proposed  changes  to  paragraphs  2(a)  and  3(a)  are  the  result  of 
administrative changes in Denmark. 

b) 

Amendment of section  "F. GREECE" 

The  changes  to  paragraphs  1-6  are  purely  formal,  whereas  the  proposed 
change to  1(d) is analogous to the proposed change to Annex  1. 

c) 

Amendment of section "G. IRELAND" 

The  proposed  change  to  paragraph  2(d)  is  the  result  of  administrative 
reorganisation  in  Ireland,  which  means  that  the  Department  of  Social 
Welfare,  Longford,  is  now  responsible  for  invalidity  and  maternity  cash 
benefits. 

d) 

Amendment of section "H. ITALY" 

The  proposed  changes  to  paragraphs  1,  2,  3  and  4  are  the  result  of 
administrative reorganisation in Italy, replacing the Maritime Funds by the 
"Social  welfare  institution  in  the  maritime  sector"  and  abolishing  the 
"National  welfare  and  assistance  office  for  midwives",  who  are  now 
covered by the "National  social welfare  institution". 

e) 

Amendment  of section "J. NETHERLANDS" 

The changes to paragraphs  1 and 2 are the consequences  of changes in the 
Dutch  legislation  on  the  organisation  of  social  security,  under  which  a 
national  social  security  institution  responsible  for  the  professional  and 
trade associations has been  established. 

f) 

Amendment of section "K. AUSTRIA" 

The  proposed  amendment  takes  account  of  the  new  name  of  the  special 
maternity  allowance and the transfer  of responsibility  for this benefit  from 
the "Labour market service" to the regional health insurance  funds. 

g) 

Amendment of section "M. FINLAND" 

The proposed amendments are designed to take account of the repealing of 
the  provisions  on  death  grants  in  the  National  Pensions  Act  and  to  make 
specific  reference  to  rehabilitation  and  the  institution  responsible  for 
special non-contributory  benefits. 

Amendments to Annex 3 

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

a) 

Amendment of section "B.  DENMARK" 

The  proposed  amendments  to  subparagraphs  (b)  and  (c)  of  Part  I 
(institutions  of  the  place  of  residence)  are  analogous  to  the  changes  to 
Annex 2 described  above. 

¥ 

b) 

Amendment of section "G. IRELAND" 

The  proposed  changes  to paragraph  2(d)  are  analogous  to  the  changes  to 
Annex 2 described above. 

c) 

Amendment of section "H. ITALY" 

The proposed changes to paragraphs  1 and 3 are analogous to the  changes 
to Annex 2 described above. 

d) 

Amendment of section "J. NETHERLANDS" 

The proposed  changes to paragraphs  1 and 2 are analogous  to the  changes 
to Annex 2 described above. 

e) 

Amendment of section "K. AUSTRIA" 

The proposed changes to paragraphs  1 and 3 take account of the new  legal 
situation  in  Austria,  according  to  which  the  Land  establishments  are 
regarded  as  being  competent  for  the  granting  of  sickness  and  maternity 
benefits  to  persons  insured  in  other  countries.  The  proposed  change  to 
paragraph 5 is analogous to the change to Annex 2 described above. 

f) 

Amendment of section "M. FINLAND" 

The proposed  change to paragraph  3 is analogous  to the change to  Annex 
2  described  above  and  also  takes  account  of  the  change  to  the  Accident 
Insurance Act. The proposed changes to paragraphs  1, 2, 4 and  5 also take 
account  of the  fact  that the local offices  of the social  insurance  institution 
serve  as the  institution  of the place of residence  and  the  institution  of  the 
place of stay. 

Amendments to Annex 4 

Annex 4 lists the liaison bodies. 

a) 

Amendment of section "B.  DENMARK" 

The proposed  changes to paragraphs  1(b), 2, 3 and  5 are  analogous  to  the 
changes to Annex 2 described above. 

b) 

Amendment  of section "G. IRELAND" 

The  proposed  changes  to  paragraph  2(c)  are "analogous  to  the  changes  to 
Annex 2 described above. 

c) 

Amendment of section "J. NETHERLANDS" 

The  proposed  change  to  paragraph  1(b)  is  analogous  to  the  changes  to 
Annex 2 described  above. 

d) 

Amendment of section "K. AUSTRIA" 

The  proposed  change  to  paragraph  3  is  analogous  to  the  changes  to 
Annexes  1  and 2 described above. 

e) 

Amendment of section "M. FINLAND" 

The proposed  change to paragraph  1 is analogous to the change to  Annex 
2 described above. 

10. 

Amendments to Annex 5 

Annex  5 lists the implementing provisions  of bilateral'conventions which  remain 
in force. There are several amendments to be made to this Annex. 

The  proposed  changes  to  item  9  are  the  result  of  Belgium's  termination  of  the 
agreement of 7 February  1964 on family  and childbirth allowances. 

The proposed  amendment  to item  77 is a consequence  of the  agreement  between 
Italy  and  the  Netherlands  on  the payment  of  advances,  simplification  of  checks, 
and  application  of the principle  of compensation  to  the payment  of  sums  due  in 
either direction  on the basis of actual expenditure and flat-rate  amounts. 

The proposed  change  to  item  87 takes  account  of  the  signing  of  an  arrangement 
between  Luxembourg  and  Sweden  on 
the 
reimbursement of social security expenditure. 

reciprocal  waiving  of 

the 

The  agreement  between 
to  begin 
forwarding  statements  of  benefits  paid  in  accordance  with  Article  69  of  the 
Regulation means that item 93 must be amended. 

the  United  Kingdom  and  Netherlands 

The  arrangement  between  the  competent  authorities  of  the  United  Kingdom  and 
Sweden on waiving the costs of benefits  in kind and of administrative checks  and 
medical examinations makes it necessary to amend item  103. 

11. 

Amendments to Annex 9 

Annex  9 describes  the methods of calculating  the average  annual  cost  of  benefits 
in kind. 

The  proposed  change  to  section  "K.  AUSTRIA"  is  analogous  to  the  change  to 
Annex 3 described  above. 

12. 

Amendments to Annex  10 

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

a) 

Amendment  of section  "B.  DENMARK" 

The  proposed  changes  to paragraphs  1, 2, 3 and  7(b)  are analogous  to  the 
changes to Annex 2 described  above. 

$ 

b) 

Amendment of section "F. GREECE" 

The  proposed  change  to  paragraph  7(c)  is  analogous  to  the  change  to 
Annex  1  described above. 

c) 

Amendment of section "H, ITALY" 

The  proposed  change  to  paragraph  3  is  analogous  to  the  change  to 
paragraph 3 of Annex 2. 

d) 

Amendment of section "I. LUXEMBOURG" 

The  proposed  change  to  paragraph  3  is  the  consequence  of  the  new 
division  of  responsibilities  in  this  area  as  decided  by  the  Luxembourg 
authorities. 

e) 

Amendment of section "J. NETHERLANDS" 

The proposed changes to paragraphs  3 and 4 are analogous  to the  changes 
to Annex 2 described above. 

f) 

Amendment of section "K. AUSTRIA" 

The  proposed  changes  to paragraphs  1-3  are  to  correct  the  wording.  The 
amendment  to paragraph  1 also  incorporates  changes  in  the  names  of  the 
ministries  concerned,  and the amendment  to paragraph  2 takes  account  of 
the  situation  of  persons  covered  only  by  accident  insurance,  who  must 
henceforth  also be declared  to the health  insurance  institution. The change 
to paragraph 6 is analogous to the change to Annex 2 described above. 

g) 

Amendment of section "M. FINLAND" 

The proposed  change to paragraph  6 is analogous  to the change  to  Annex 
3 described above. 

III. 

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 

Xv 

chosen  such  an  instrument  as  being  the  most  appropriate  means  of  achieving  this 
objective. 

IV. 

APPLICATION  IN THE COUNTRIES  OF THE EUROPEAN  ECONOMIC 
AREA 

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  19942.  In  Chapter  1  of  Part  III  on  free  movement  of  persons,  services  and 
capital,  Articles  28,  29  and  30  are  devoted  to  free  movement  of  workers  and  self-
employed  persons. Article  29 more  specifically  reiterates the principles  set out 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  No  L  1  of  3 January  1994,  as  amended  by  Decision  of  the  EEA  Joint  Committee  No  7/94  of 
21 March  1994 (OJ No L  160 of 28 June  1994). 

4^ 

Proposai 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 their families moving with the Community  and 
Regulation  (EEC) No 574/72 laying down the procedure 
for implementing Regulation  (EEC) No 1408/71 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard  to  the  proposal  from  the  Commission3,  presented  after  consulting  the 
Administrative  Commission on Social Security for Migrant Workers, 

Having regard to the Opinion of the European  Parliament4, 

Having regard to the Opinion of the Economic and Social Committee5, 

Whereas  it is appropriate  to make certain amendments  to Council Regulations  (EEC)  No 
1408/71  of  14 June  1971  on  the  application  of  social  security  schemes  to  employed 
persons,  to  self-employed  and  to  members  of  their  families  moving  within 
the 
Community6  and  No  574/72  of  21 March  1972  laying  down  the  procedure  for 
implementing  Regulation  (EC) 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 Community7; whereas these amendments are linked to changes which  Member 
States have made to their social security  legislation; 

Whereas  it  is  necessary  to  amend  Articles  29  and  31  of  Regulation  (EEC)  No  1408/71 
and  Articles  29,  30,  31,  93  and  95  of  Regulation  (EEC)  No  574/72  following  the 
amending  of  Article  95  of  Regulation  (EEC)  No  574/72  by  Regulation  No  3095/95, 

6  OJ No L  149, 5.7.19971, p. 2. Regulation as last amended  and updated by Regulation  (EC) No  118/97 

(OJ No L 28, 30.1.1997). 

7  OJ No  L 74, 27.3.1972, p.  1. Regulation  as  last amended  and updated  by  Regulation  (EC)  No  118/97 

(OJ No L 28, 30.1.1997). 

which  replaces  lump-sum  reimbursement  per  family  by  lump-sum  reimbursement  per 
person; 

Whereas  it  is  necessary  to  amend  paragraphs  1  and  2  of  section  "G.  IRELAND"  of 
Annex  I,  Part  I,  to  take  account  of  changes  to  Irish  social  security  and  social  services 
legislation; 

Whereas  changes  to  Austrian legislation  make  it necessary  to delete  the reference  to  the 
childbirth  allowance  in  section  "K.  AUSTRIA"  in  Part  II  of  Annex  II  to  Regulation 
(EEC) No  1408/71; 

Whereas  it  would  be  appropriate  to  adapt  sections  "G.  IRELAND",  "H.  ITALY",  "J. 
NETHERLANDS" and "M. FINLAND" of Annex lia to take account of changes in Irish, 
Italian, Dutch and Finnish  legislation; 

Whereas  changes  to  Irish  and  Dutch  legislation  make  it  necessary  to  amend  the 
references  to  legislation  in  Annex  IV,  section  "G.  IRELAND"  of  Part  A,  section  "J. 
NETHERLANDS", subparagraph  (b), of Part A, and paragraph  1(f) of Part D; 

Whereas it is necessary to delete paragraph  1 of section "B, DENMARK" of Annex VI to 
take account of the amending of Danish unemployment insurance  legislation; 

Whereas  it  is necessary,  pursuant  to the  case  law  of the  Court  of  Justice  (in  particularly 
its judgment  in  Case  C-251/94 Lafuente  Nieto), to  adapt  paragraph  4(b)  of  section  "D. 
SPAIN" of Annex VI, in line with internal provisions, where the basic pension  amount is 
calculated on the basis of past contributions; 

Whereas  it  is necessary  to complete  paragraph  7 of  section  "E. FRANCE"  of  Annex  VI 
by a reference  to the family  allowance for the employment  of a registered  child-minder; 

Whereas it is necessary  to amend paragraph  5 of section "G. IRELAND" of Annex VI to 
take account  of  the method  of calculating  remuneration  for  the  granting  of  sickness  and 
unemployment  benefits; 

Whereas  changes  to  Dutch  legislation  relating  to  survivors  and  incapacity  for  work  in 
"J. 
respect  of 
NETHERLANDS" of Annex VI to Regulation (EEC) No  1408/71; 

self-employed  workers  make 

it  necessary 

to  adapt 

section 

Whereas  it  is  necessary  to  clarify  the  application  of  Finnish  legislation  on  the  national 
pension; whereas  a new paragraph  4 must be added to section "M. FINLAND" of Annex 
VI; 

Whereas  administrative  reorganisations  in Denmark,  Greece, Ireland, Italy,  Luxembourg, 
the  Netherlands,  Austria  and  Finland  make  it  necessary 
to  adapt  sections  "B. 
DENMARK"  of  Annexes  2,  3,  4  and  10, "F.  GREECE"  of  Annexes  1,  2  and  10,  "G. 
IRELAND"  of  Annexes  2,  3  and  4,  "H.  ITALY"  of  Annexes  2,  3  and  10,  "I. 
LUXEMBOURG"  of  Annex  10, "J.  NETHERLANDS"  of  Annexes  2,  3, 4  and  10, "K. 
AUSTRIA" of Annexes  1, 2, 3, 4 and  10, and "M. FINLAND" of Annexes 2, 3, 4 and  10 
of Regulation  (EEC) No 574/72; 

Ab 

Whereas  it is necessary  to adapt  items "9. BELGIUM-NETHERLANDS",  "77. ITALY-
NETHERLANDS", 
"93.  NETHERLANDS-
UNITED  KINGDOM"  and  103.  "SWEDEN-UNITED  KINGDOM"  of  Annex  5  to 
Regulation (EEC) No 574/72; 

"87.  LUXEMBOURG-SWEDEN", 

Whereas  it  is  necessary  to  amend  section  "K.  AUSTRIA"  of  Annex  9  to  Regulation 
(EEC) No 574/72 to take account of the amending of Austrian legislation on sickness and 
maternity  benefits; 

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

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

HAS ADOPTED  THIS  REGULATION: 

Article 1 

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

1. 

Article 29(1 )(a) is replaced by the  following: 

"a) 

Benefits  in  kind  shall  be  provided  by  the  institution  of  the  place  of 
residence  of the members  of the family  in accordance  with  the  provisions 
of  the  legislation  which  that  institution  administers,  the  cost  being  borne 
by  the  institution  determined  in accordance  with the provisions  of  Article 
27  or Article  28(2):  if the place  of residence  is situated  in  the  competent 
Member  State,  benefits  in kind shall  be provided,  and  the  cost  borne,  by 
the competent  institution: " 

2. 

Article 31 is amended  as  follows: 

In paragraph  (a),  the  words  "the  institution  of  the pensioner's  place  of 
residence"  shall  be replaced  by  "the institution  of  the place  of  residence 
of the pensioner  or the members of his family; " 

3. 

In Annex I, Part I, section "G. IRELAND": 

i) 

ii) 

In  paragraph  1,  the  words  "Section  5  and  37  of  the  Social  Welfare 
(Consolidation)  Act  1981"  are replaced  by  "Sections  9,  21  and  49  of  the 
Social  Welfare (Consolidation) Act  1993"; 

In  paragraph  2,  the  words  "Section  17A  of  the  Social  Welfare 
(Consolidation)  Act  1981" are  replaced  by  "Sections  17  and  21  of  the 
Social  Welfare (Consolidation) Act  1993". 

4. 

In Annex II, Part II, section "K. AUSTRIA" is replaced as  follows: 

ÀU 

"K.AUSTRIA 

None ". 

5. 

Annex Ha is amended as follows: 

a) 

In  section  "G.  IRELAND",  subparagraphs  (a)  to  (g)  are  replaced  as 
follows: 

"(a)  Unemployment  assistance  [Social  Welfare  (Consolidation)  Act 

1993, Part III, Chapter 2]. 

(b) 

(c) 

(d) 

(e) 

Old  age  and  blind  pensions  (non-contributory)  [Social  Welfare 
(Consolidation) Act  1993, Part III, Chapters 4 and 5]. 

Widow's  and  orphans'  pensions 
Welfare (Consolidation) Act  1993, Part III, Chapter 6J. 

(non-contributory)  [Social 

One-parent family  payment  (Social  Welfare Act  1993,  Part  III, 
Chapter 9). 

Carer's  allowance  (Social  Welfare  Act  1993,  Part  III,  Chapter 
10). 

(f) 

Family income supplement (Social  Welfare Act  1993, Part V). 

(g) 

Disability allowance (Social Welfare Act  1996,  Part  IV)". 

b) 

The following  is added to section "H. ITALY", subparagraph (h): 

"(h) 

Social allowance (Law No 335 of 8 August  1995)". 

c) 

In section "J. NETHERLANDS", the word "None" is replaced as follows: 

"Law  on  incapacity  benefits for  disabled  young  people  (Law  of 
24 April  1997)". 

d) 

In section "M. FINLAND", sub-paragraph (d) is replaced as  follows 

"(d) 

Labour market support (Labour Market Support Act  1542/93)". 

6. 

Annex IV is amended as follows: 

a) 

In part A, the text of section "G. IRELAND" is replaced as  follows: 

"Part II, Chapter 15, of the Social  Welfare (Consolidation) Act  1993)". 

b) 

In  part  A,  subparagraph  (b)  of  section  "J.  NETHERLANDS"  is  replaced 
as  follows: 

A^ 

"Law  of  24  April  1997  on  work  by  self-employed  persons  (WAZ),  as 
amended'. 

c) 

In  part  D, paragraph  1(f)  of  section  "J. NETHERLANpS"  is  replaced  as 
follows: 

"(f)  The Netherlands  widow's'pension  under the Law  of  1 July  1996  on 
general  insurance for  surviving  dependants". 

Annex VI is amended as follows: 

a) 

b) 

In section "B. DENMARK", paragraph  1  is deleted. ' 

In section "D. SPAIN", paragraph 4(b) is reworded as  follows: 

"b) 

The  amount  of  the  pension  obtained  shall  be  increased  by  tlte 
amount  of  the  increases  and  revalorisations  calculated for  each 
previous year, for pensions  of the same  nature". 

c) 

Paragraph 7 of section "E. FRANCE" is reworded as  follows: 

"7.  Notwithstanding  Articles  73 and  74 of  the  Regulation,  the  housing 
allowances,  the  home  child-care allowance,  the family  allowance for  the 
employment  of  a  registered  child-minder  and  the parental  child-rearing 
allowance  shall  be granted  only to persons  concerned  and  to members  of 
their families  residing in French  territory". 

d) 

Paragraph  5 of section "G. IRELAND" is replaced as  follows: 

the  granting  of 
"5.  For  the  purpose  of  calculating  the  earnings  for 
sickness  benefit  or  unemployment  benefit  under  Irish  legislation,  an 
amount  equal to the average weekly wage in that year  of male and  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 prescribed  period'. 

e) 

1. 

In section "J. NETHERLANDS": 

The first paragraph of 2(f) is reworded  as follows: 

"(f)  By  way of derogation from  the provisions  of Article  45(1)  of  the  law 
on general  old-age insurance (AOW) and Article  63(1) of the general  law 
on  insurance for  surviving dependants  fANW).  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 
authorised  to take out voluntary insurance under that legislation,  but  only 
for  the periods  after  2 August  1989 during which  the employed person  or 
self-employed  person  is  or  was  compulsorily  insured  under  the  above 
the  date  of 
mentioned 

legislation.  This  authorisation  ceases  on 

A£ 

termination  of  the  compulsory  insurance  of  the  employed person  or self-
employed  person". 

In section 3: 

i) 

Sub-paragraph (a) is reworded as follows: 

"(a)  Any  employed  person  of  self-employed  person  who  is  no 
longer  subject  to  Dutch  legislation  on  general  insurance 
for  surviving  dependants  shall  be  deemed  to  be  insured 
under  such  legislation  when  the  risk  materialises,  for  the 
purposes  of  the  implementation  of  the  provisions  of 
Chapter  III  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 
in 
in 
been  fulfilled,  however, 
Article  48(1)". 

the  case  referred 

to 

ii) 

The first paragraph of (b) is reworded as follows: 

"(b)  Where, pursuant  to sub-paragraph  (a), a widow  has the  right 
legislation  on  general 
to  a  widow's  pension  under  Dutch 
that  pension  shall  be 
surviving  dependants, 
insurance  for 
calculated in accordance with Article  46(2) of the  Regulation". 

iii) 

Sub-paragraph  (d) is reworded as follows: 

"(d)  For  the  purposes  of  Article  46(2)  of  the  Regulation,  only 
periods  of  insurance  completed  after  the  age  of  15 years  under 
Dutch  legislation  shall  be  taken  into  account  as  periods  of 
insurance". 

3. 

Paragraph 4: 

i) 

ii) 

iii) 

The  following  heading  is  added:  "Application  of  the  law  on 
incapacity  insurance  and  of  the  law  on  work  by  self-employed 
persons". 

In  sub-paragraph  (a),  the  following  is  added  after  "Law  of 
11 December  1975 relating  to  incapacity  for  work  (AAW)":  "Law 
of 24 April  1997 on work by self-employed  persons". 

In  sub-paragraph  (b)(ii),  the  words  "Law  of  11  December  1975 
(AAW)" are  replaced  by:  "Law  of 24 April  1997 on  work  by self-
employed  persons". 

/U 

iv) 

v) 

In  the  first  paragraph  of  (c),  the  words  "abovementioned  law  of 
11 December  1975  (AWW)"  are  replaced  by:  "Law  of  24 April 
1997 on work by self-employed  persons". 

In the third indent of subparagraph  (c), the following  is added  after 
"abovementioned  Law  of  11 December  1975  (AAW)":  "Law  of 
24 April  1997 on work by self-employed  persons". 

4. 

In  section  6,  the  words  "general  insurance  for  widows  and  orphans"  are 
replaced by "general insurance for  surviving  dependants". 

f) 

The following new paragraph 4 is added to section "M. FINLAND": 

"4. An  employed or self-employed person  who  is no longer  insured  under 
the National  Pensions Act  is regarded,  in accordance  with  the  provisions 
of  Title  III,  Chapter  3  of  this  Regulation,  as  having  the  status  of  ah 
insured  person  under  the  above-mentioned  Act 
if,  at  the  time  of 
retirement,  he or she was insured under the legislation of another  Member 
State  or,  if  this  was  not  the  case,  he  or  she  is  entitled, in  respect  of  the 
same  risk,  to  a pension  under  the  legislation  of  another  Member  State. 
The latter requirement is, however, covered by Article  48  (1)". 

Article 2 

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

1. 

Article 29 is amended as follows: 

a) 

b) 

In paragraph  1, the words "residing  in the same Member  State" are  added 
after  "a pensioner and the members of his  family". 

In paragraphs 2 and 5, the words "residing  in the same Member  State" are 
added after "members of his  family". 

2. 

Article 30 is amended  as follows: 

a) 

In  the  heading,  the  words  "outside  the  competent  Member  State"  are 
added after  "who are resident ". 

b) 

Paragraph  1 is amended as follows: 

-  The second sentence is replaced by the following: 

"This certified statement,  which shall  be issued by the institution  or  by 
one  of  the  institutions  responsible for  paying  the pension,  or,  where 
applicable,  the  institution  empowered  to  decide  on  entitlement  to 
benefits  in  kind,  shall  remain  valid  as  long  as  the  institution  of  the 
place  of residence of the members of the family  has not been notified  of 
its cancellation ". 

/? 

-  The following  sentence is added after the second  sentence: 

"If the  members  of  the family  do not present  a certified  statement,  the 
institution  of the place  of residence shall,  in order to obtain  it,  contact 
the  institution  or  institutions  responsible for  paying  the  pension  or, 
where applicable, the institution empowered to do so ". 

c) 

Paragraph  3 is replaced  by the following  text; 

"3.  The institution  which hfls issued the certified statement  referred  to  in 
paragraph  1 shall  inform  the. institution  of  the place  of  residence  of  the 
members  of the family  of the suspension or withdrawal of the pension.  The 
institution  of  the place  of residence of the members  of  the family  may,  at 
any time, request the institution which has issued the certified statement  to 
supply  it with any information related to entitlement to benefits  in kind". 

d) 

The following  paragraph  is added after paragraph  4: 

"5.  The  institution  of  the place  of  residence  shall  inform  the  institution 
which  issued  the statement  referred to in paragraph  1 of any  registration 
it has carried out, in accordance with the provisions  of that paragraph  ". 

3. 

Article  31 is amended as follows: 

The following  sentence  is added at the end of paragraph  3: 

"If  the  latter  reside  in  the  territory  of  a  Member  State  other  than  that  of  the 
pensioner,  the  certified statement provided  for in paragraph  1 shall  be  issued  by 
the institution  of their place  of residence, which, for  the purposes  of paragraph  2. 
shall be considered  to be the competent institution ". 

4. 

Article  93 is amended as follows: 

In paragraphs  1 and 2, the words  "Article 29(1) " are deleted. 

5. 

Article  95 is amended as follows: 

a) 

b) 

In paragraph  1, the words  "Article 29(1) " are added after  "Articles  28(1) 
and 28(a) ". 

In  paragraph  3(b),  the  words  "pensioners  and  members  of  their  family 
referred  to  in  Article  28(2) "  are  replaced  by  "pensioners,  and/or 
members  of their family,  referred to in Article 28(2) or Article  29(1) ". 

6. 

Annex  1 is amended as follows: 

a) 

The following paragraph 4 is added to section "F. GREECE": 

"4.  Yjtougyôç  EOvixrjç A[ivv?iç, AOîjva  (Ministry  of  National  Defence, 
Athens) ". 

M 

b) 

Section "K. A USTRIA" is replaced as  follows: 

"K.AUSTRIA 

1. 

2. 

Bundesminister  fur  Arbeit,  Gesundheit  und  Soziales  (Federal 
Minister for  Labour. Health and Social Affairs),  Wien. 

Bundesminister fur  Umwelt. Jugend  und Famille  (Federal  Minister 
for  the Environment.  Youth and the Family),  Wien ". 

Annex 2 is amended as follows: 

a) 

In  section  "B.  DENMARK",  paragraphs  2(a)  and  3(a),  the  words 
"Direktoratet  for  Social  Sikring  og  Bistand  (National  Office  for  Social 
Security and Welfare), Kjabenhavn" in the right-hand  column are replaced 
by  "Den  Sociale  Sikringsstyrelse 
(Social  Security  Administration); 
K0benhavn ". 

b) 

In section "F. GREECE": 

i) 

In  items  1-6,  subparagraphs  (i),  (ii)  and  (iii)  are  renumbered  (a), 

(b) and (c) respectively. 

ii) 

The following  subparagraph  (d) is inserted, into item  1 : 

"(d) For public  service employees: 
i) civil servants: 

Yyeiaçxai 

Yjiovgyeio 
Tlgôvoiaç,  Adtjva  (Ministry 
of  Health 
Athens). 

and  Welfare, 

ii) local government  employees: 

iii) military personnel  on 
active s ei'vice: 

Ta\xeio Yyeiaç  A rjfionxcov  xai 
KOLVOTLXCDV YKdkXr\Xœv 
TYAKY),  AOijva, (Health 
Fund 
Employees 
for 
Municipalities and 
Communities, TYDKY, Athens). 

of 

Yjiovgyeio  Edvcxîjç AJLIVVÎJÇ, 
AOrjva (Ministry of National 
Defence,  Athens). 

iv) military personnel  on 
active service in the 
Harbour  Guard: 

Yjiovgyeio  E/miogtXîjç 
NavuXiag,  (Ministry of the 
Merchant Navy, Piraeus) " 

c) 

In paragraph 2 of section "G. IRELAND": 

i) 

The following  new subparagraph  (d) is inserted: 

"(d) Invalidity benefits and maternity benefits: 
Department  of Social  Welfare, Longford'. 

ii) 

The present subparagraph (d) becomes subparagraph (e). 

d) 

In section "H. ITALY": 

i) 

ii) 

In  paragraph  l.A,  subparagraphs  (b)(ii)  and  (c)(ii),  the  words 
"Cassa  maritima  (Maritime Fund) "  in  the  right-hand  column  are 
replaced by: 

<  "IPSEMA  (Istituto  di  previdenza  del  settore  marittimo  -  Social 

Welfare Institution  in the maritime sector) ". 

In  paragraph  2.A,  subparagraphs  (b)(ii)  and  (c)(ii)a  the  words 
"Cassa  maritima  (Maritime Fund) " in  the  right-hand  column  are 
replaced by: 

"IPSEMA  (Istituto  di  previdenza  del  settore  marittimo  -  Social 
Welfare Institution  in the maritime sector) ". 

iii) 

In paragraph 3.B, subparagraph (d) is deleted. 

iv) 

In  paragraph  4,  the  words  "Cassa  maritima  (Maritime  Fund) "  in 
the right-hand column are replaced by: 

"IPSEMA  (Istituto  di  previdenza  del  settore  marittimo  -  Social 
Welfare Institution  in the maritime sector) ". 

e) 

In section "J. NETHERLANDS": 

i) 

ii) 

iii) 

In  paragraphs  1(b),  2(a)(i)  and  4,  the  words  "Bedrijfsvereniging 
(Professional  and  Trade  Association)  with  which  the  insured 
person's employer is insured" are replaced by: "Landelijk  Instituut 
Sociale  Verzekeringen  (National  Social  Security  Institution)  via 
the  agency  with  which 
is 
registered''; 

insured  person's 

employer 

the 

In  paragraph  2(a)(ii),  the  words  "Bedrijfsvereniging  (Professional 
and  Trade  Association)  with  which  the  insured  persons  would  be 
insured  if  he  had  personnel  in  his  employ"  are  replaced  by: 
"Landelijk 
Instituut  Sociale  Verzekeringen  (National  Social 
Security Institution)  via the agency  with  which  the  insured  person 
would be registered if he had personnel  in this employ"; 

In  paragraphs  2(b)  and  6(b),  the  words  "Nieuwe  Algemene 
and  Trade 
Bedrijfsvereniging 
Association),  Amsterdam"  are  replaced  by:  "Landelijk  Instituut 
Sociale  Verzekeringen  (National  Social  Security  Institution)  via 
GAK Nederland bv, Amsterdam"; 

(New  General  Professional 

£* 

f) 

In section "K. AUSTRIA", paragraph 4 is replaced as  follows: 

"4 

a) 

b) 

Family benefits: 

' 

Family  benefits  with  the  exception  of Karenzgeld  (parental  leave 
allowance): Finanzamt  (Tax Office); 

V 

leave  allowance);  Gebietskranfcenkasse 
Karenzgeld  parental 
(Regional  Health  Insurance  Fund)  responsible for  the  place  of 
residence or place  of stay of the person  concerned". 

g) 

In section "M. FINLAND": 

i) 

In paragraph  1(b), a new subparagraph (ii) is added, as  follows: 

ii) 

social insurance institution rehabilitation: 
Kansanelâkelaitos/Folkpensionsanstalten  (Social  Insurance 
Institution), Helsinki". 

ii) 

The present paragraph  1(b) (ii) thus becomes  l(b)(iii). 

iii) 

Paragraph 4 is deleted. 

iv) 

In paragraph 5(a), the text in the right-hand column, 
"Kansanelàkelaitos/Folkpensionsanstalten (Social Insurance 
Institution), Helsinki, or", is replaced by: 
"Ahvenanmaan  maakunnan 
tyôvoimatoimikunta/Arbetskraftskommissionen  i landskapet Aland 
(Employment Commission in the Province of Aland)  or". 

v) 

A new paragraph 7 is added, as follows: 

"7. Special non-contributoiy  benefits: 
Kansanelàkelaitos/Folkpensionsanstalten (Social Insurance 
Institution), Helsinki". 

Annex 3 is amended  as follows: 

a) 

In section "B. DENMARK",  part I INSTITUTIONS  OF THE PLACE  OF 
RESIDENCE,  subparagraphs  (b)  and  (c),  the  words  "Direktouatet  for 
Social  Sikring  og  Bistand,  (National  Office  for  Social  Security  and 
Welfare), Kobenhavn in the right-hand column are replaced by: 

* 

"Den Sociale Sikringsstyrelse (Social Security Department), Kobenhavn". 

b) 

In paragraph 2 of section "G. IRELAND": 

i) 

A new sub-paragraph  (d) is inserted as follows: 

Invalidity benefits and maternity benefits: 

"(d) 
Department  of Social  Welfare, Longford'. 

ii) 

The present subparagraph (d) becomes subparagraph (e). 

c) 

In section "H. ITALY": 

i) 

In paragraph  1 .A, subparagraph  (b)(ii), the words "Cassa  maritima 
(Maritime Fund) in the right-hand column are replaced by: 

"IPSEMA  (Istituto  di  previdenza  del  settore  marittimo  -  Social 
Welfare Institution  in the maritime  sector)". 

ii) 

In paragraph 3.B, subparagraph (d) is deleted. 

d) 

In section "J. NETHERLANDS": 

i) 

In  paragraphs  1(b),  2(b)  and  4,  the  words  "Nieuwe  Algemene 
Bedrijfsverenigning 
and  Trade 
Association),  Amsterdam"  in  the  right-hand  column  are  replaced 
by: 

(New  General  Professional 

"Landelijk  Instituut  Sociale  Verzekeringen  (National  Social 
Security Institution) via GAK Netherlands  bv,  Amsterdam". 

ii) 

. In paragraph  2(a) the words  "Bedrijfsvereniging  (Professional  and 

Trade Association" in the right-hand column are replaced by: 

"Landelijk  Instituut  Sociale  Verzekeringen  (National  Social 
Security Institution) via GAK Netherlands  bv,  Amsterdam". 

e) 

In section "K. AUSTRIA": 

i) 

In paragraph  1(a), the text of the  right-hand  column  is replaced  by 
the  following: 

"Gebietskrankenkasse 
Fund) 
(Regional  Health 
competent for  the place  of residence or place  of stay  of the  person 
concerned  or.  in the event of treatment  at  a  hospital  or  clinic  for 
the 
which  a  Landesfonds 
Landesfonds  competent for  the place  of residence  or place  of  stay 
of the person  concerned'. 

is  responsible, 

Insurance 

("Land" 

fund) 

ii) 

In paragraph  3(a), the text of the right-hand column is replaced by: 

(Regional  Health 

"Gebietskrankenkasse 
Insurance  Fund) 
competent for  the place  of residence or place  of stay  of the  person 
concerned  or,,  in the event of treatment  at  a  hospital  or  clinic  for 
which  a  Landesfonds 
the 
Landesfonds  competent for the place  of residence  or place  of  stay 
Allgemeine 
of 
Unfallversicherungsanstalt 
Insurance 
Institution),  Wien,  which may also grant  benefits". 

the 
Accident 

is  responsible, 

concerned 

(General 

("Land" 

person 

fund) 

the 

or 

^ 

iii) 

Paragraph  5 is replaced as follows: 

"5. Family  benefits 

a) 

b) 

Family  benefits with the exception  of Karenzgeld  (parental 
leave  allowance):  Finanzamt  (Tax  Office)  competent  for 
the  place  of  residence  or  place  of  stay  of  the  person 
concerned. 

(parental 

Karenzgeld 
allowance): 
Gebietskrankenkasse  (Regional  Health  Insurance  Fund) 
.competent for  the place  of residence  or place  of stay  or the 
person  concerned'. 

leave 

f) 

In section "M. FINLAND": 

i) 

Paragraph  l(b)(ii) is replaced as follows: 

"ii) 

Health  insurance  reimbursements  and  social 
institution rehabilitation : 
Kansanelàkelaitos/Folkpensionsanstalten 
Insurance  Institution)". 

insurance 

(Social 

ii) 

Paragraph 3 is replaced as follows: 

"3. 

Industrial  accidents and occupational  diseases: 
Tapaturmavakuutuslaitosten 
liitto/Olycksfallsfôrsàkringsanstalternasfôrbund 
(Federation of Accident Insurance Institutions),  Helsinki". 

iii) 

In paragraphs  1(a), 2(a), 4(a) and (b)(i), and 5, the word  "Helsinki" 
in  the  right-hand  column  after  the  name  of  the  institution  is 
deleted. 

9. 

Annex 4 is amended  as  follows: 

a) 

In  section  "B.  DENMARK",  paragraphs  1(b),  2,  3  and  5,  the  words 
"Direktoratet  for  Social  Sikring  og  Bistand  (National  Offi'ce  for  Social 
Security  and  Welfare),  Kjabenhavn" in the right-hand column  are replaced 
by: 

"Den  Sociale Sikringsstyrelse (Social Security Directorate), Kobenhavn". 

b) 

In paragraph 2 of section "G. IRELAND": 

i) 

The following  new subparagraph  (c) is inserted: 

"(d) 

Invalidity  benefits and maternity  benefits: 
Department  of Social  Welfare,  Longford'. 

ii) 

The present sub-paragraph  (c) becomes subparagraph  (d). 

c) 

In  section  "J.  NETHERLANDS",  paragraph  1(b),  the  words  "Algemene 
Bedrijfsvereniging  (New  General  Professional  and  Trade  Association), 
Amsterdam" in the right-hand column are replaced as follows: 

"Landelijk  Instituut  Sociale  Verzekeringen  (National  Social  Security 
Institution)  via GAK Nederland bv,  Amsterdam". 

d) 

In section "K. AUSTRIA", paragraph 3 is replaced as follows: 

"3. 

Family  benefits 

a) 

b) 

Family  benefits  with  the  exception  Karenzgeld  (parental  leave 
allowance):  Bundesministerium fur  Umwelt  Jugend  und  Familie 
(Federal  Ministry  of  the  Environment.  Youth  and  the  Family), 
Wien. 

Karenzgeld  (parental  leave  allowance):  Bundesministerium 
fur 
Arbeit,  Gesundheit  und  Soziales  (Federal  Ministry  of  Labour, 
Health and Social Affairs),  section III,  Wien". 

e) 

In  section  "M. FINLAND", paragraph  1, the words  "death  grants" in  the 
left-hand  column are deleted. 

10. 

Annex  5 is amended as follows: 

a) 

b) 

is 
In  section  "9.  BELGIUM-NETHERLANDS",  sub-paragraph  (a) 
deleted,  and  sub-paragraphs  (b),  (c),  and  (d)  become  sub-paragraphs  (a), 
(b) and (c) respectively. 

In  section  "77.  ITALY-NETHERLANDS",  the  following  sub-paragraph 
(c) is added: 

the Agreement  of 24 December  1996/27 February  1997 on  Article 

"(c) 
36(3) and Article  63(3) of the  Regulation". 

c) 

In  section  "87.  LUXEMBOURG-SWEDEN", 
replaced by: 

the  word  "None" 

is 

"Arrangement  of 27 November  1996 on the reimbursement  of  expenditure 
in the field of social  security". 

d) 

e) 

In  section  "93. NETHERLANDS-UNITED  KINGDOM",  sub-paragraphs 
(b) and (c) are deleted, and sub-paragraph (d) becomes sub-paragraph (b). 

In  section  "103.  SWEDEN-UNITED  KINGDOM",  the  word  "None"  is 
replaced by: 

"The  arrangement  of  15 April  199J  concerning Article  36(3)  and  Article 
63(3)  of  the  Regulation  (reimbursement  or  waiving  of  reimbursement  of 
the  cost  of  benefits  in  kind)  and  Article  105(2)  of  the  implementing 

it< 

Regulation  (waiving  of  refunds  of  the  costs  of  administrative  checks  and 
medical  examinations)". 

11. 

In Annex  9, section "K. AUSTRIA" is replaced by the  following: 

"The  average  annual  cost  of  benefits  in  kind  shall  be  calculated  by  taking  into 
consideration 
the  benefits  provided  by  the  Gebietskrankenkassen  (Regional 
Health  Insurance  Funds)  and  the  Landesfonds  (bodies  responsible for  hospital 
treatment  at  "Land"  level)". 

12. 

Annex  10 is amended as follows: 

a) 

In  section  "B.  DENMARK",  paragraphs  1,  2,  3  and  7(b),  the  words 
"Direktoratet  for  Social  Sikring  og  Bistand  (National  Office  for  Social 
Security and Welfare), Kabenhavn" in the right-hand column  are replaced 
by: 

"Den Sociale Sikringsstyrelse (Social Security Directorate), Keibenhavn". 

b) 

In section "F. GREECE", paragraph 7(c) is replaced as follows: 

"c) 

Other  benefits: 

i)for  the employed, self-employed ana\ 
local government  employees: 

'IôgvfiaKoïvœvixcov  Aocpakioeœv 
Social Insurance Institute,  Athens). 

ii) for  civil servants: 

iii) for  military personnel 
on active service: 

YJIOugyeio  Yyeiaç  xai 
Hgôvoiaç,  AOrjva 
(Ministry of Health and  Welfare, 
Athens). 

Yjiovgyeio  EOvixijç A{ÂVVÎ]Ç, 
AOrjva (Ministiy of National 
Defence, Athens). 

iv) for  military personnel  on active 
service  in the Harbour  Guard: 

Yjiovgyeio  E/miogtxîjç  NavuAiaç, 
Heigaiâç  (Ministiy  of the 
Merchant Navy,  Piraeus). 

c) 

d) 

In section "H. ITALY", paragraph 3 is deleted. 

In  paragraph  3  of  section  "I.  LUXEMBOURG",  the  words  "Inspection 
générale  de la sécurité sociale  (General Inspectorate for  Social  Security), 
Luxembourg"  in the right-hand column are replaced by: 

"Centre  commun  de  la  sécurité  sociale  (Joint  Social  Security  Centre), 
Luxembourg". 

e) 

In section "J. NETHERLANDS": 

%& 

i) 

ii) 

In  paragraph  3, the  words  ""Algemene  Bedrijfsverenigning  (New 
General  Professional  and  Trade  Association),  Amsterdam"  in  the 
right-hand column are replaced as follows: 

"Landelijk  Instituut  Sociale  Verzekeringen  (National  Social 
Security Institution)  via GAK Nederland  bv,  Amsterdam". 

In  paragraph  4(b),  the  words  "Algemeen  Werkloosheidsfonds 
(General  Unemployment  Fund),  Zoetermeer",  in  the  right-hand 
column, are replaced by: 

'  "Landelijk  Instituut  Sociale  Verzekeringen  (National  Social 

Security Institution) via GAK Nederland  bv,  Amsterdam". 

f) 

In section "K. AUSTRIA": 

i) 

"1. 

Paragraphs  1-3  are replaced by; 

For  the  purpose  of  applying  Articles  14  (1)  (b)  and  17  of  the 
Regulation: 
Bundesminister  fur  Arbeit,  Gesundheit  und  Soziales  (Federal 
Minister  for  Labour,  Health  and  Social  Affairs),  Wien,  in 
agreement  with  the  Bundesminister  fur  Umwelt.  Jugend  und 
Familie  (Federal  Minister  for  the  Environment.  Youth  and  the 
Family),  Wien. 

2. 

For the purpose  of applying Articles  11,  11a, 12a, 13 and 14 of the 
implementing Regulation : 

a) 

b) 

When  the  person  concerned 
legislation: 
the competent sickness  insurance scheme; 

is  subject 

to  Austrian 

In all other cases: 
Hauptverband  der  ôsterreichischen  Versicherungstrdger 
Insurance 
(Central  Association  of  Austrian  Social 
Institutions), Wien. 

3. 

For the application of Article  14d(3) of the  Regulation: 
"  competent institution ". 

ii) 

Paragraph 6 is replaced by: 

"6. 

For  the  purpose  of  applying  Article  85  (2)  and  86  (2)  of  the 
implementing Regulation  in relation to Karenzgeld  (parental  leave 
allowance): 
Gebietskrankenkasse (Regional Health Insurance  Fund)  competent 
for  the last place  of residence or stay of the person  concerned". 

£V 

g) 

In  paragraph  6  of  section  "M.  FINLAND",  the  words  "the  institution  of 
the place  of residence  or stay,  the  insurance  institution  designated  by"  in 
the right-hand column are deleted. 

Article 3 

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

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

Done at Brussels, 

For the Council 

The President 

H 

ISSN 0254-1475 

COM(97) 378 final 

DOCUMENTS 

EN 

04  05  06 

Catalogue  number  :  CB-CO-97-368-EN-C 

ISBN  92-78-22796-X 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

^