Council Regulation (EC) No 1223/98 of 4 June 1998 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: 1998-06-04
Institutions: Council of the European Union
Subjects: Community migration, EU national, family, self-employment, social security, wage earner

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1223/98

of 4 June 1998

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 Articles 51 and 235 thereof,

Having regard to the proposal from the Commission (1),
submitted following consultation of the Administrative
Commission on Social Security for Migrant Workers,

Having regard to the opinion of
liament (2),

the European Par-

Having regard to the opinion of the Economic and Social
Committee (3),

to employed persons,

(1) Whereas it is appropriate to make certain amend-
ments to Council Regulation (EEC) No 1408/71 of
14 June 1971 on the application of social security
to self-employed
schemes
persons and to members of their families moving
within the Community (4) and to Council Regulation
(EEC) No 574/72 of 21 March 1972 laying down the
procedure
implementing Regulation (EEC)
No 1408/71 on the application of social security
schemes
to self-employed
persons and to members of their families moving
within the Community (5); whereas these amend-
ments are linked to changes which Member States
have made to their social security legislation;

to employed persons,

for

(2) Whereas it is necessary to amend Articles 29 and 31
of Regulation (EEC) No 1408/71 and Articles 29, 30,

(1) OJ C 290, 24. 9. 1997, p. 28.
(2) OJ C 152, 18. 5. 1998.
(3) OJ C 73, 9. 3. 1998, p. 42.
(4) OJ L 149, 5. 7. 1971, p. 2. Regulation updated by Regulation
(EC) No 118/97 (OJ L 28, 30. 1. 1997, p. 1) and last amended
by Regulation (EC) No 1290/97 (OJ L 176, 4. 7. 1997, p. 1).
(5) OJ L 74, 27. 3. 1972, p. 1. Regulation updated by Regulation
(EC) No 118/97 (OJ L 28 30. 1. 1997, p. 1) and last amended
by Regulation (EC) No 1290/97 (OJ L 176, 4. 7. 1997, p. 1).

31, 93 and 95 of Regulation (EEC) No 574/72 fol-
lowing the amending of Articles 95 of Regulation
(EEC) No 574/72 by Regulation (EC) No 3095/95 (6),
which replaces lump-sum reimbursement per family
by lump-sum reimbursement per person;

(3) Whereas it is necessary to amend paragraphs 1 and 2
of section ‘G. IRELAND’ of Part I of Annex I to
Regulation (EEC) No 1408/71 to take account of
changes to Irish social security and social services
legislation;

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

‘H. ITALY’,

(5) Whereas it would be appropriate to adapt sections ‘G.
‘J. NETHERLANDS’ and ‘M.
IRELAND’,
FINLAND’ of Annex IIa
to Regulation (EEC)
No 1408/71 to take account of changes in Irish,
Italian, Dutch and Finnish legislation;

(6) Whereas changes to Irish and Dutch legislation
make it necessary to amend the references to legisla-
tion in Annex IV to Regulation (EEC) No 1408/71,
section ‘G. IRELAND’ of Part A, section ‘ J. NETHER-
subparagrah (b), of Part A, and para-
LANDS’,
graph 1(f) of Part D;

(7) Whereas it

is necessary to delete paragraph 1 of
section ‘B. DENMARK’ of Annex VI to Regulation
(EEC) No 1408/71 to take account of the amending
of Danish unemployment insurance legislation;

(6) OJ L 335, 30. 12. 1995, p. 1.

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(8) Whereas it is necessary, pursuant to the case-law of
the Court of Justice (in particular the judgment in
Case C-251/94 Lafuente Nieto), to adapt paragraph
4(b) of section ‘D. SPAIN’ of Annex VI to Regulation
(EEC) No 1408/71, in line with internal provisions,
where the basic pension amount is calculated on the
basis of past contributions;

(9) Whereas it is necessary to complete paragraph 7 of
section ‘E. FRANCE’ of Annex VI to Regulation
(EEC) No 1408/71 by a reference to the family al-
lowance for the employment of a registered child-
minder;

(10) Whereas it is necessary to amend paragraph 5 of
section ‘G. IRELAND’ of Annex VI to Regulation
(EEC) No 1408/71 to take account of the method of
calculating remuneration for the granting of sickness
and unemployment benefits;

(11) Whereas changes to Dutch legislation relating to
survivors and incapacity for work in respect of self-
employed workers make it necessary to adapt section
‘J. NETHERLANDS’ of Annex VI to Regulation (EEC)
No 1408/71;

(12) 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
to Regulation (EEC)
No 1408/71;

(13) 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.
‘G. IRELAND’ of
GREECE’ of Annexes 1, 2 and 10,
Annexes 2, 3 and 4, ‘H. ITALY ’ of Annexes 2, 3 and
10,
‘J. NETHER-
LANDS’ of Annexes 2, 3, 4 and 10,
‘K. AUSTRIA’ of
Annexes 1, 2, 3, 4 and 10, ‘M. FINLAND’ of Annexes
2, 3, 4 and 10 to Regulation (EEC) No 574/72;

‘I. LUXEMBOURG’ of Annex 10,

(14) Whereas it is necessary to adapt items ‘9. BELGIUM-
‘87.
NETHERLANDS’,
LUXEMBOURG-SWEDEN’,
NETHERLANDS-
UNITED KINGDOM’ and ‘103. SWEDEN-UNITED
KINGDOM’ of Annex 5 to Regulation (EEC)
No 574/72;

ITALY-NETHERLANDS’,

‘77.

‘93.

it

(15) Whereas
is necessary to amend section ‘K.
of Annex
to Regulation (EEC)
AUSTRIA’
the amending of
No 574/72 to take account of
Austrian legislation on sickness and maternity bene-
fits;

9

(16) 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 se-
curity schemes through a Community legal instru-
ment that is binding and directly applicable in each
Member State;

(17) Whereas this is consistent with the provisions of the

third paragraph of Article 3b of the Treaty,

HAS ADOPTED THIS REGULATION:

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

1. Article 29(1)(a) shall be replaced by the following:

Article 1

‘(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. In Article 31(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’:

(a) in paragraph 1, the words ‘Section 5 and 37 of the Social Welfare (Consolidation) Act 1981’ shall be replaced by

‘Sections 9, 21 and 49 of the Social Welfare (Consolidation) Act 1993’;

(b) in paragraph 2, the words ‘Section 17A of the Social Welfare (Consolidation) Act 1981’ shall be replaced by ‘Sections

17 and 21 of the Social Welfare (Consolidation) Act 1993’.

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4. In Annex II, Part II, section ‘K. AUSTRIA’ shall be replaced as follows:

‘K. AUSTRIA

None’.

5. Annex IIa shall be amended as follows:

(a) in section ‘B. DENMARK’, a new point shall be added as follows:

‘(c) The temporary benefit for unemployed persons who have been taken on in a “flexible job” for 12 months

(ledighedsydelse)

(Law No 455 of 10 June 1997)’;

(b) in section ‘F. GREECE’, points (d),

(e),

(g),

(h) and (i) shall be replaced by the following:

‘(d) allowance for persons suffering from congenital haemolytic anaemia (Law 2362/1995; common ministerial order

G4a/F.167/2073/82 and common ministerial order P47/F.222/225 oik. 4711/94);

(e) allowance for the deaf and dumb (Exceptional law 421/37; common ministerial order D 8b 423/73, common

ministerial order G4/F/11.2/oik. 1929/82 and common ministerial order G4/F.422/oik. 1142/85);

(g) allowance for spasmophiliacs (Decree-law 162/73; common ministerial order G4a/F.224/oik. 1434/84);

(h) allowance for persons suffering form a serious mental disability (Decree-law 162/73; common ministerial order
G4/F.12/oik. 1930/82, common ministerial order G4b/F.423/oik. 1167/84 and common ministerial order G4b/
F.423/oik.82/oik. 529/85);

(i) allowance for the blind (Law 958/79)’;

(c) in section ‘G. IRELAND’, subparagraphs (a) to (g) shall be replaced as follows:

‘(a) unemployment assistance (Social Welfare (Consolidation) Act 1993, Part III, Chapter 2);

(b) old age and blind pensions (non-contributory) (Social Welfare (Consolidation) Act 1993, Part III, Chapters 4 and

5);

(c) widow’s (non-contributrory) pension, widower’s (non-contributory) pension and orphan’s (non-contributory)
(Social Welfare (Consolidation) Act 1993, Part III, Chapter 6 as amended by Part V of the Social

pension.
Welfare Act 1997);

(d) one-parent family payment (Social Welfare (Consolidation) Act 1993, Part III, Chapter 9);

(e) carer’s allowance (Social Welfare (consolidation) Act 1993, Part III, Chapter 10);

(f)

family income supplement (Social Welfare (Consolidation) Act 1993, Part V);

(g) disability allowance (Social Welfare Act 1996, Part IV).’;

(d) the following subparagraph shall be added to section ‘H. ITALY’:

‘(h) social allowance (Law No 335 of 8 August 1995)’;

(e) in section ‘J. NETHERLANDS’, the word ‘None’ shall be replaced as follows:

‘incapacity benefits for disabled young people (Law of 24 April 1997)’;

(f)

in section ‘M. FINLAND’, subparagraph (d) shall be replaced as follows:

‘(d) labour market support (Labour Market Support Act 1542/93)’.

6. Annex III shall be amended as follows:

(a) in Part A, item ‘98. AUSTRIA-SWEDEN’ shall be replaced as follows:

‘98. AUSTRIA-SWEDEN

Convention on social security of 21 March 1996’;

(b) in Part B, item ‘98. AUSTRIA-SWEDEN’ shall be replaced as follows:

‘98. AUSTRIA-SWEDEN

Article 5 of the Convention on social security of 21 March 1996’.

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7. Annex IV shall be amended as follows:

(a) in part A, the text of section ‘G. IRELAND’ shall be replaced as follows:

‘G. IRELAND

Part II, Chapter 15, of the Social Welfare (Consolidation) Act 1993’;

(b) in part A, section ‘J. NETHERLANDS’ subparagraph (b) shall be replaced as follows:

‘(b) Law of 24 April 1997 on insurance against incapacity for work by self-employed persons (WAZ), as amended’;

(c) in part C, the text of ‘G. IRELAND’ shall be replaced as follows:

‘G. IRELAND

All applications for retirement pensions, old age (contributory) pensions, widow’s (contributory) pension and
widower’s (contributory) pension’;

(d) in part D, paragraph 1(f) shall be replaced as follows:

‘(f) the Netherlands survivors’ pension under the Law of 21 December 1995 on general insurance for surviving

dependants’.

8. Annex VI shall be amended as follows:

(a) in section ‘B. DENMARK’, paragraph 1 shall be deleted;

(b) in section ‘D. SPAIN’, paragraph 4(b) shall be replaced as follows:

‘(b) the amount of the pension obtained shall be increased by the amount of the increases and revalorisations calcu-

lated for each subsequent year, for pensions of the same nature’;

(c) paragraph 7 of section ‘E. FRANCE’ shall be replaced as follows:

‘7. Notwithstanding Articles 73 and 74 of the Regulation, the housing allowances, the home childcare 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’ shall be replaced as follows:

‘5. For the purpose of calculating the earnings for the granting of 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) in section ‘J. NETHERLANDS’:

(1) in paragraph 2(f):

(i) the first paragraph shall be replaced 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 (ANW), 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-em-
ployed person is or was compulsorily insured under the abovementioned legislation. This authorisation
ceases on the date of termination of the compulsory insurance of the employed person or self-employed
person’;

(ii) in the second, fourth and fifth paragraphs the words ‘general legislation on insurance for widows and

orphans’ shall be replaced by ‘general law on insurance for surviving dependants’;

(2) in paragraph 3:

(i) the following heading shall be added:

‘3. Application of the Netherlands general law on insurance for surviving dependants’;

(ii) Subparagraph (a) shall be replaced as follows:

‘(a) any employed person or 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

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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 pursuant to the legislation of another Member
State. The latter condition shall be deemed to have been fulfilled, however, in the case referred to in
Article 48(1)’;

(iii) the first paragraph of subparagraph (b) shall be replaced as follows:

‘(b) where, pursuant to subparagraph (a), a widow has the right to a widow’s pension under Dutch legislation
on general insurance for surviving dependants, that pension shall be calculated in accordance with
Article 46(2) of the Regulation’;

(iv) subparagraph (d) shall be replaced 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) in paragraph 4:

(i) the following heading shall be added:

‘4. Application of the Netherlands laws relating to incapacity for work’;

(ii) in subparagraph (a), the following shall be inserted after ‘Law of 11 December 1975 relating to incapacity for
‘and the Law of 24 April 1997 on insurance against incapacity for work by self-employed

work (AAW)’:
persons’;

(iii) in subparagraph (b)(ii):

— the words ‘Law of 11 December 1975 (AAW)’ shall be replaced by: ‘Law of 24 April 1997 on insurance

against incapacity for work by self-employed persons’,

— the sentence: ‘If the amount of the benefit calculated pursuant to the provisions of (i) is less than that
resulting from application of the provisions of (ii), the last mentioned benefit shall be payable’ shall be
deleted;

(iv)

in subparagraph (c):

— in the first paragraph, the words ‘abovementioned law of 11 December 1975 (AWW)’ shall be replaced

by:

‘Law of 24 April 1997 on insurance against incapacity for work by self-employed persons’,

— after the third indent a fourth indent shall be added, as follows:

‘— periods of insurance completed in accordance with the Law of 24 April 1997 on insurance against

incapacity for work for self-employed persons (WAZ)’;

(f)

in section ‘K. AUSTRIA’, a new paragraph shall be added as follows:

‘5. The provisions of Article 22(1)(a) of the Regulation shall also apply to persons with sickness insurance coverage

under an Austrian law on protection for special victims (Versorgungsgesetze)’;

(g) the following new paragraph shall be added to section ‘M. FINLAND’:

‘4. An employed or self-employed person who is no longer insured under the National Pensions scheme is
regarded, when applying the provisions of Title III, Chapter 3 of this Regulation, as retaining the status of an
insured person if, when the risk materialises, 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 legisla-
tion of another Member State. However, the latter requirement is deemed to have been fulfilled in the case
referred to in Article 48(1)’.

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

1. Article 29 shall be amended as follows:

Article 2

(a) in paragraph 1, the words ‘residing in the same Member State’ shall be added after ‘a pensioner and the members

of his family’;

(b) in paragraphs 2 and 5, the words ‘residing in the same Member State’ shall be added after ‘members of his family’.

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2. Article 30 shall be amended as follows:

(a) in the heading, the words ‘outside the competent Member State’ shall be inserted after ‘who are resident’;

(b) paragraph 1 shall be amended as follows:

— the second sentence shall be 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 shall be inserted 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 shall be replaced by the following:

‘3.
The institution which has issued the certified statement referred to in paragraph 1 shall inform the institu-
tion 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 shall be added after paragraph 4:

The institution of the place of residence shall inform the institution which issued the statement referred to in

‘5.
paragraph 1 of any registration it has carried out, in accordance with the provisions of that paragraph’.

3. In Article 31 the following sentence shall be 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. In Article 93(1) and (2), the words ‘Article 29(1)’ shall be deleted.

5. Article 95 shall be amended as follows:

(a) in paragraph 1, the words ‘and Article 29(1)’ shall be added after ‘Articles 28(1) and 28(a)’;

(b) in paragraph 3(b), the words ‘pensioners and members of their family referred to in Article 28(2)’ shall be replaced

by ‘pensioners, and/or members of their family, referred to in Article 28(2) or Article 29(1)’.

6. Annex 1 shall be amended as follows:

(a) the following paragraphs are added to section ‘F. GREECE’:

‘4. Upouqc ˜or Ehmij ˜gr Al ˜umgr (Ministry of National Defence, Athens)
5. Upouqc ˜or Ehmij ˜gr Paide˜iar jai Hqgsjeul ˜atym (Minister for Education and Religious Affairs, Athens)’;

(b) in section ‘G. IRELAND,’ paragraph 1 shall be replaced by the following:

‘1. Minister for Social, Community and Family Affairs, Dublin’;

(c) section ‘K. AUSTRIA’ shall be replaced as follows:

‘K. AUSTRIA

1. Bundesminister f(cid:129)r Arbeit, Gesundheit und Soziales (Federal Minister for Labour,

Health and Social Affairs), Wien

2. Bundesminister f(cid:129)r Umwelt, Jugend und Familie (Federal Minister for the Environ-

ment, Youth and the Family), Wien’.

7. Annex 2 shall be 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), København’ in the right-hand column shall be replaced by:

‘Den Sociale Sikringsstyrelse (Social Security Administration), København’.

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(b) in section ‘F. GREECE’:

(1) in items 1 to 6, subparagraphs (i),

(ii) and (iii) shall be renumbered (a),

(b) and (c) respectively;

(2) the following subparagraphs shall be inserted into item 1:

‘(d) special scheme for public service employees:

(i) civil servants:

(ii)

local government employees:

(iii) military personnel on active service:

Upouqce˜io Uce˜iar
(Ministry of Health and Welfare, Athens)

jai Pq ˜omoiar, Ah ˜gma

Tale˜io Uce˜iar Dglotij ˜ym jai Joimotij ˜ym
Upakk ˜gkym (TUDJU) Ah ˜gma (Health Fund for
Employees of Municipalities and Communities,
TYDKY, Athens)

Upouqce˜io Ehmij ˜gr Al ˜umgr, Ah ˜gma (Ministry of
National Defence, Athens)

(iv) military personnel on active service in the

Harbour Guard:

Upouqce˜io Elpoqij ˜gr Mautik˜iar,
the Merchant Navy, Piraeus).

(Ministry of

(e) Special car scheme for higher and technological

institutions’ students:

Eidij ˜o s ˜ustgla peq˜ihakxgr voitgt ˜ym jai
spoudast ˜ym AEI jai TEI. The higher and tech-
nological institution (AEI and TEI) on a case-by-
case basis’;

(c) in section ‘G. IRELAND’, in paragraph 2, the current text shall be replaced by the following:

‘2. Cash benefits:

(a) Unemployment benefits:

(b) Old-age and death (pensions):

(c) Family benefits:

(d) Invalidity benefits and maternity benefits:

(e) Other cash benefits:

(d) in section ‘H. ITALY’:

Department of Social, Community and Family
Affairs, Dublin,
including the provincial offices
responsible for unemployment benefits

Department of Social, Community and Family
Affairs, Pension Services Office, Sligo

Department of Social, Community and Family
Affairs, Child Benefit Section, St. Oliver Plunkett
Road, Letterkenny, Co. Donegal

Department of Social, Community and Family
Affairs, Social Welfare Services Office, Longford

Department of Social, Community and Family
Affairs, Dublin’;

(1) in paragraph 1.A, subparagraphs (b)(ii) and (c)(ii), the words ‘Cassa marittima (the maritime fund with which the

person concerned is registered)’ in the right-hand column shall be replaced by:

‘IPSEMA (Istituto di previdenza del settore maritimo — Social Welfare Institution in the maritime sector)’;

(2) in paragraph 2.A, subparagraphs (b)(ii) and (c)(ii), the words ‘Cassa marittima (the maritime fund with which the

person concerned is registered)’ in the right-hand column are replaced by:

‘IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector)’;

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(3) in paragraph 3.B, subparagraph (d) shall be deleted;

(4) in paragraph 4, the words ‘Cassa marittima (the maritime fund with which the person concerned is registered)’

in the right-hand column shall be replaced by:

‘IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector)’;

(e) in section ‘J. NETHERLANDS’:

(1) 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’ shall be replaced by:

‘Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via the agency with which the
insured person’s employer is registered’;

(2) in paragraph 2(a)(ii), the words ‘Bedrijfsvereniging (Professional and Trade Association) with which the insured

person would be insured if he had personnel in his employ’ shall be 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 his employ’;

3. in paragraphs 2(b) and 6(b), the words ‘Nieuwe Algemene Bedrijfsvereniging (New General Professional and

Trade Association), Amsterdam’ shall be replaced by:

‘Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Nederland BV,
Amsterdam’;

(f)

in section ‘K. AUSTRIA’ paragraph 4 shall be replaced as follows:

‘4. Family benefits:

(a) Family benefits with the exception of Karenzgeld

Finanzamt (Tax Office)

(parental leave allowance):

(b) Karenzgeld (parental leave allowance):

(g) in section ‘M. FINLAND’:

(1) Paragraph 1(b) shall be amended as follows:

(i) a new subparagraph shall be inserted, as follows:

‘(ii) social insurance institution rehabilitation:

Gebietskrankenkasse (Regional Health Insurance
Fund) responsible for the place of residence or
place of stay of the person concerned’;

Kansanel(cid:132)kelaitos/Folkpensionsanstalten
Insurance Institution), Helsinki’;

(Social

(ii) the present paragraph 1(b)(ii), shall become paragraph 1(b)(iii);

(2) in paragraph 4, in the right-hand column, the words ‘Kansanel(cid:132)kelaitos/Folkpensionsanstalten (Social Insurance

Institution), Helsinki, or’ shall be deleted;

(3) in paragraph 5(a),

in the right-hand column, between the words ‘Kansanel(cid:132)kelaitos/Folkpensionsanstalten

(Social Insurance Institution), Helsinki’ and the word ‘or’, the following shall be added:

‘and Ahvenanmaan maakunnan ty(cid:148)voimatoimikunta/Arbetskraftskommissionen i landskapet (cid:143)land (Employ-
ment Commission in the Province of (cid:143)land)’;

(4) a new paragraph shall be added, as follows:

‘7. Special non-contributory benefits:

8. Annex 3 shall be amended as follows:

Kansanel(cid:132)kelaitos/Folkpensionsanstalten (Social In-
surance Institution), Helsinki’;

(a) in section ‘B. DENMARK’, part ‘I. INSTITUTIONS OF THE PLACE OF RESIDENCE’, subparagraphs (b) and (c), the
words ‘Direktoratet for Social Sikring og Bistand, (National Office for Social Security and Welfare), København’ in
the right-hand column shall be replaced by:

‘Den Sociale Sikringsstyrelse (Social Security Department) København’;

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(b) in section ‘G. IRELAND’ in paragraph 2, the current text shall be replaced by the following:

‘2. Cash benefits:

(a) Unemployment benefits:

(b) Old-age and death (pensions):

(c) Family benefits:

(d) Invalidity benefits and maternity benefits:

(e) Other cash benefits:

(c)

in section ‘H. ITALY’:

Department of Social, Community and Family
Affairs, Dublin including the provincial offices
responsible for unemployment benefits

Department of Social, Community and Family
Affairs, Pension Services Office, Sligo

Department of Social, Community and Family
Affairs, Child Benefit Section, St Olivier Plunkett
Road, Letterkenny, Co. Donegal

Department of Social, Community and Family
Affairs, Social Welfare Services Office, Longford

Department of Social, Community and Family
Affairs Dublin’;

(1) in paragraph 1.A, subparagraph (b)(ii), in the right-hand column, the words ‘Cassa marittima competetente per

territorio (the maritime fund responsible for the area)’ shall be replaced by:

‘IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector)’;

(2) in paragraph 3.B, subparagraph (d) shall be deleted;

(d) in section ‘J. NETHERLANDS’:

1.

in paragraphs 1(b), 2(b) and 4, in the right-hand column, the words ‘Nieuwe Algemene Bedrijfsvereniging (New
General Professional and Trade Association) Amsterdam’ shall be replaced by:

‘Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Netherlands BV,
Amsterdam’;

2.

in paragraph 2(a), in the right-hand column, the words ‘Bedrijfsvereniging (Professional and Trade Association)’
shall be replaced by:

‘Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Netherlands BV,
Amsterdam’;

(e)

in section ‘K. AUSTRIA’:

(1) paragraph 1 shall be replaced as follows:

‘1. Sickness insurance:

(a) for the application of:

(i) Article 27 of the Regulation:

the competent institution

(ii) Article 31 of the Regulation and Article
31(1) of the implementing Regulation in
relation to the institution of the place of
residence of a pensioner mentioned in
Article 27 of the Regulation:

(iii) Article 31 of the Regulation and Article
31(1) of the implementing Regulation in
relations to the institution of the place of
residence of member of the family living
in the competent State:

the competent institution

the competent institution

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(b) in all other cases:

the Gebietskrankenkasse
(Regional Health In-
surance Fund) competent for the place of residence
or place of stay of the person concerned or, in the
event of treatment in a hospital or clinic for which
the
a Landesfonds
Landesfonds competent for the place of residence
or place of stay of the person concerned’;

(Land fund)

responsible,

is

(2) in paragraph 3(a), the text of the right-hand column shall be replaced by:

‘Gebietskrankenkasse (Regional Health 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 (Land
fund) is responsible, the Landesfonds competent for the place of residence or place of stay of the person
concerned or the Allgemeine Unfallversicherungsanstalt (General Accident Insurance Institution), Wien, which
may also grant benefits’;

(3) paragraph 5 shall be replaced as follows:

‘5. Family benefits

(a) Family benefits with the exception of Karenz-

geld (parental leave allowance):

Finanzamt (Tax Office) competent for the place of
residence or place of stay of the person concerned

(b) Karenzgeld (parental leave allowance):

Gebietskrankenkasse (Regional Health Insurance
Fund) competent for the place of residence or place
of stay of the person concerned’;

(f)

in section ‘M. FINLAND’:

(1) paragraph 1(b)(i) shall be replaced as follows:

‘(i) Health insurance reimbursements
insurance institution rehabilitation:

and social

Kansanel(cid:132)kelaitos/Folkpensionsanstalten
Insurance Institution)’;

(Social

(2) paragraph 3 shall be replaced as follows:

‘3. Industrial accidents and occupational diseases

liitto/
Tapaturmavakuutuslaitosten:
Olycksfallsf(cid:148)rs(cid:132)kringsanstalternas f(cid:148)rbund (Federa-
tion of Accident Insurance Institutions), Helsinki’;

(3) in paragraphs 1(a), 2(a), 4(a) and (b)(i) and 5, in the right-hand column, the word ‘Helsinki’ after the name of the

institution shall be deleted.

9. Annex 4 shall be amended as follows:

(a) in section ‘B. DENMARK’, paragraphs 1(b), 2, 3 and 5, the words ‘Direktoratet for Social Sikring og Bistand

(National Office for Social Security and Welfare), København’ in the right-hand column shall be replaced by:

‘Den Sociale Sikringsstyrelse (Social Security Directorate), København’;

(b) in section ‘G. IRELAND’ paragraph 2, the existing text shall be replaced by the following:

‘2. Cash benefits

(a) Old-age and death (pensions):

(b) Family benefits:

(c) Invalidity benefits and maternity benefits:

Department of Social, Community and Family
Affairs, Pension Services Office, Sligo

Department of Social, Community and Family
Affairs, Child Benefit Section, St Oliver Plunkett
Road, Letterkenny, Co. Donegal

Department of Social, Community and Family
Affairs, Social Welfare Services Office, Longford

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(d) Other cash benefits:

Department of Social, Community and Family
Affairs, Dublin’;

(c) in section ‘J. NETHERLANDS’ paragraph 1(b), in the right-column, the words ‘Algemene Bedrijfsvereniging, (New

General Professional and Trade Association), Amsterdam’ shall be replaced as follows:

‘Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Nederland BV,
Amsterdam’;

(d) in section ‘K. AUSTRIA’:

(1) the text of paragraph 2 shall be replaced as follows:

‘2. Unemployment insurance

Landesgesch(cid:132)ftsstelle Wien des Arbeitsmarktser-
vice, Wien (Regional Office of the Labour-Market
Service, Vienna)’;

(2) the text of paragraph 3.

‘Family benefits’, shall be replaced as follows:

‘3. Family benefits

(a) Family benefits with the exception of Karenz-

geld (parental leave allowance):

(b) Karenzgeld (parental leave allowance):

Jugend und
Bundesministerium f(cid:129)r Umwelt,
Familie, Wien (Federal Ministry of the Environ-
ment, Youth and the Family, Vienna);

Bundesministerium f(cid:129)r Arbeit, Gesundheit und
Soziales (Federal Ministry of Labour, Health and
Social Affairs), section III, Wien’;

(e) in section ‘M. FINLAND’:

(1) in paragraph 1, the words ‘death grants’ in the left-hand column shall be replaced by ‘employment pensions’;

(2) paragraph 2 shall be deleted.

10. Annex 5 shall be amended as follows:

(a) in section ‘9. BELGIUM-NETHERLANDS’ subparagraph (a) shall be deleted, and subparagraph (b), (c), and (d) shall

become subparagraphs (a),

(b) and (c) respectively;

(b) in section ‘77. ITALY-NETHERLANDS’ the following subparagraph (c) shall be added:

‘(c) the Agreement of 24 December 1996/27 February 1997 on Article 36(3) and Article 63(3) of the Regulation’;

(c) section ‘87. LUXEMBOURG-SWEDEN’ shall de replaced by:

‘87. LUXEMBOURG-SWEDEN

Arrangement of 27 November 1996 on the reimbursement of expenditure in the field of social security’;

(d) in section ‘93. NETHERLANDS-UNITED KINGDOM’ subparagraph (b) and (c) shall be deleted, and subparagraph (d)

shall become subparagraph (b);

(e) section ‘103. SWEDEN-UNITED KINGDOM’ shall be replaced by:

‘103. SWEDEN-UNITED KINGDOM

The arrangement of 15 April 1997 concerning Article 36(3) and Article 63(3) of the Regulation (reimburse-
ment or waiving of reimbursement of the cost of benefits in kind) and Article 105(2) of the implementing
Regulation (waiving of refunds of the costs of administrative checks and medical examinations)’.

11. In Annex 9, section ‘K. AUSTRIA’ shall be replaced by the following:

‘K. AUSTRIA

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 shall be amended as follows:

(a) in section ‘B. DENMARK’:

(1) in paragraphs 1, 2, 3 and 7(b), in the right-hand column, the words ‘Direktoratet for Social Sikring og Bistand

(National Office for Social and Welfare), København’ shall be replaced by:

‘Den Sociale Sikringsstyrelse (Social Security Directorate), København’;

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(2) paragraph 2, left-hand column, shall be replaced by the following:

‘2. For the purposes of Articles 14(1)(b) and (2)(a), 14a(1)(b) and 14b(1) and (2) of the Regulation:’;

3. paragraph 5 shall be replaced by the following:

‘5. For the purposes of applying Articles 80(2), 81 and

84(2) of the implementing Regulation:

The unemployment insurance fund the person was
for
most recently affiliated to. The Direktoratet
Arbejdsløshedsforsikringen (National Office
for
Insurance against Unemployment), København, if
the person has not been affiliated to an unemploy-
ment insurance fund’;

(b) in section ‘E. FRANCE’, paragraph 5 shall be replaced by the following:

‘5. For

the purposes of

applying Articles 14(1)(b),

14a(1)(b) and 17 of the Regulation:

(i) in general:

Centre de s(cid:130)curit(cid:130) sociale des travailleurs migrants
(Social Security Centre for Migrant Workers)

(ii) agricultural

schemes

(employed and self-em-

ployed persons):

Minist(cid:138)re de l’agriculture (Ministry of Agriculture),
Paris’;

(c)

in section ‘F. GREECE’ paragraph 7(c) shall be replaced as follows:

‘(c) Other benefits:

(i) for

the employed,
government employees:

self-employed and local

(ii) for civil servants:

(iii) for military personnel on active service:

(iv) for military personnel on active service in the

Harbour Guard:

(v) for AEI and TEI students:

˜Idqula Joimymij ˜ym Asvak˜iseym (Social
surance Institute, Athens)

In-

Upouqce˜io Uce˜iar
(Ministry of Health and Welfare, Athens)

jai Pq ˜omoiar, Ah ˜gma

Upouqce˜io Ehmij ˜gr Al ˜umgr, Ah ˜gma (Ministry of
National Defence, Athens)

Upouqce˜io Elpoqij ˜gr Mautik˜iar, Peiqai ˜ar
(Ministry of the Merchant Navy, Piraeus)

Upouqce˜io Ehmij ˜gr Paide˜iar jai Hqgsjeu-
l ˜atym, Ah ˜gma (Ministry of Education and Reli-
gious Affairs, Athens)’;

(d) in section ‘G. IRELAND’ in paragraphs 1, 2, 3(b) and 4(a), the words ‘Department of Social Welfare, Dublin’ in the

right hand column shall be replaced by:

‘Department of Social, Community and Family Affairs, Dublin’;

(e)

in section ‘H. ITALY’ paragraph 3, the text in both columns of the fourth entry entitled ‘for midwives’ shall be
deleted;

(f)

in paragraph 3 of section ‘I. LUXEMBOURG’, in the right-hand column, the words ‘Inspection g(cid:130)n(cid:130)rale de la s(cid:130)cu-
rit(cid:130) sociale (General Inspectorate for Social Security), Luxembourg’ shall be replaced by:

‘Centre commun de la s(cid:130)curit(cid:130) sociale (Joint Social Security Centre), Luxembourg’;

(g) in section ‘J. NETHERLANDS’:

(1) in paragraph 3, the words ‘Nieuwe Algemene Bedrijfsverenigning (New General Professional and Trade Associ-

ation), Amsterdam’ in the right-hand column shall be replaced as follows:

‘Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Nederland BV,
Amsterdam’;

(2) in paragraph 4(b), the words ‘Algemeen Werkloosheidsfonds (General Unemployment Fund), Zoetermeer’, in

the right-hand column, shall be replaced by:

‘Landelijk Instituut Sociale Verzekeringen (National Social Security Institution) via GAK Nederland BV,
Amsterdam’;

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(h) in section ‘K. AUSTRIA’:

(1) paragraphs 1 to 3 shall be replaced by:

‘1. For the purpose of applying Articles 14(1)(b),

14a(1)(b) and 17 of the Regulation:

Bundesminister f(cid:129)r Arbeit, Gesundheit und Sozi-
ales (Federal Minister for Labour, Health and Social
Affairs), Wien, in agreement with the Bundesmi-
nister f(cid:129)r Umwelt, Jugend und Familie (Federal
Minister
the Environment, Youth and the
Family), Wien

for

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

(a) When the person concerned is subject

to

the competent sickness insurance scheme

Austrian legislation:

(b) In all other cases:

Hauptverband der (cid:148)sterreichischen Versicherung-
str(cid:132)ger (Central Association of Austrian Social In-
surance Institutions), Wien

3. For the application of Article 14d(3) of the Regu-

the competent institution’;

lation:

(2) paragraph 6 shall be replaced by:

‘6. For the purpose of applying Articles 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’;

(i)

in section ‘M. FINLAND’:

(1) paragraph 5 shall be replaced by the following:

‘5. For the purpose of applying Article 41 of the

implementing Regulation:

El(cid:132)keturvakeskus/Pensionsskyddscentralen (Central
Pension Security Institute), Helsinki’;

(2) paragraph 6 shall be deleted.

13. In Annex 11, section ‘F. GREECE’, entries 1, 2, 3 and 4 shall be deleted.

Article 3

This Regulation shall enter into force on the first day of the month following its

1.
publication in the Official Journal of the European Communities.

Article 1(7)(d), (8)(e)(1), and (8)(e)(2)(i) to (iv) shall apply with effect from 1 July 1996.

Article 2(7)(e), (8)(d), (9)(c) and (12)(g), shall apply with effect from 1 March 1997.

Article 1(5)(e),

(7)(b) and (8)(e)(3)(ii) to (iv), shall apply with effect from 1 January

2.

3.

4.
1998.

Article 1(1) and (2), and Article 2(1) to (5) shall apply with effect from 1 January

5.
1998, but in relation to the French Republic from 1 January 2002.

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

Done at Luxembourg, 4 June 1998.

For the Council

The President

D. BLUNKETT