Commission Regulation (EC) No 89/2001 of 17 January 2001 amending Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community
Date: 2001-01-17
Institutions: European Commission
Subjects: EU Member State, labour mobility, migrant worker, self-employment, social security, wage earner

L 14/16

EN

Official Journal of the European Communities

18.1.2001

COMMISSION REGULATION (EC) No 89/2001

of 17 January 2001

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 574/72 of 21
March 1972 laying down the procedure for implementing
Regulation (EEC) No 1408/71 on the application of social
security schemes
to self-employed
to employed persons,
persons and to members of their families moving within the
Community (1), as last amended by Regulation (EC) No 1399/
1999 (2), and in particular Article 122 thereof,

Whereas:

Certain Member States or their competent authorities
have requested amendments to the Annexes to Regula-
tion (EEC) No 574/72.

(1)

(2)

implementation of social security legislation according
to Community law.

(3)

The unanimous opinion of the Administrative Commis-
sion on Social Security for Migrant Workers has been
obtained,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes 1 to 5, and Annex 10, to Regulation (EEC) No 574/72
are amended as shown in the Annex to this Regulation.

Article 2

These amendments arise from decisions taken by the
Member States or Member States concerned or their
competent authorities which are responsible for the

This Regulation shall enter
into force on the 20th day
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, 17 January 2001.

For the Commission

Anna DIAMANTOPOULOU

Member of the Commission

(1) OJ L 74, 27.3.1972, p. 1.
(2) OJ L 164, 30.6.1999, p. 1.

18.1.2001

EN

Official Journal of the European Communities

L 14/17

ANNEX

1. Annex 1 is amended as follows:

Section ‘O. UNITED KINGDOM’

is amended as follows:

(i) The following point 1b is inserted:

‘1b. Commissioners of the Inland Revenue or their official representative, London.’

(ii) Point 5 is replaced by the following:

‘5. Principal Secretary, Social Affairs, Gibraltar’.

(iii) Point 6 is replaced by the following:

‘6. Chief Executive of the Gibraltar Health Authority’.

2. Annex 2 is amended as follows:

(a) Section ‘C. GERMANY’

is amended as follows:

Point 3 is replaced by the following:

‘3. Old-age insurance for farmers:

(b) Section ‘D. SPAIN’

is amended as follows:

Point 6 is amended as follows:

‘(a) For old-age, death (including orphans' pensions)

and invalidity pensions:

Gesamtverband der landwirtschaftlichen Alterskassen
(National Association of Agricultural Old-Age Funds),
Kassel’

Dirección General de Costes de Personal y Pensiones
Públicas — Ministerio de Economía y Hacienda (Direc-
torate-General for Personnel Costs and Public Pensions
— Ministry of Economics and Trade)

(b) For recognition of major invalidity benefits and

benefits for a dependent disabled child:

La Mutualidad General Judicial (Judicial general mutual
benefits insurance fund), Madrid’

(c) Section ‘O. UNITED KINGDOM’

is amended as follows:

In point 2, the third indent is replaced by the following:

‘— Gibraltar: Principal Secretary, Social Affairs, Gibraltar’.

3. Annex 3 is amended as follows:

(a) Section ‘C. GERMANY’

is amended as follows:

Point 4 is replaced by the following:

‘4. Old-age insurance for farmers:

Gesamtverband der landwirtschaftlichen Alterskassen
(National Association of Agricultural Old-Age Funds),
Kassel’

(b) Section ‘J. NETHERLANDS’

is amended as follows:

Point 3(b) is replaced by the following:

‘(b) dealings with Belgium:

Bureau voor Belgische Zaken, Breda’

(c) Section ‘O. UNITED KINGDOM’

is amended as follows:

(i) In point 1, the second indent is replaced by the following:

‘— Gibraltar: Gibraltar Health Authority, 17 Johnstone's Passage, Gibraltar’.

L 14/18

EN

Official Journal of the European Communities

18.1.2001

(ii) Point 2 is replaced by the following:

‘2. Cash benefits (except for family benefits):

— Great Britain:

— Northern Ireland:

— Gibraltar:

Department of Social Security, Benefits Agency,
Benefits Directorate,
Pensions
Newcastle upon Tyne NE98 1BA

and Overseas

Department of Health and Social Services, Northern
Ireland Social Security Agency, Network Support
Branch, Overseas Benefits Unit, Castle Buildings,
Belfast BT4 3SP

Department of Social Services, 23 Mackintosh
Square, Gibraltar’

(iii) In point 3, the third indent is replaced by the following:

‘— Gibraltar:

Department of Social Services, 23 Mackintosh
Square, Gibraltar’

4. Annex 4 is amended as follows:

(a) Section ‘C. GERMANY’

is amended as follows:

(i) The following point 5a is inserted:

‘5a. Civil servants' pensions:

Bundesversicherungsanstalt
Insurance Office for Clerical Staff), Berlin’

für Angestellte (Federal

(ii) Point 6 is replaced by the following:

‘6. Old-age insurance for farmers:

(b) Section ‘D. SPAIN’

is amended as follows:

Point 7 is amended as follows:

‘(a) For old-age, death (including orphans' pensions)

and invalidity pensions:

Gesamtverband der landwirtschaftlichen Alterskassen
(National Association of Agricultural Old-Age Funds),
Kassel’

Dirección General de Costes de Personal y Pensiones
Públicas — Ministerio de Economía y Hacienda (Direc-
torate-General for Personnel Costs and Public Pensions
— Ministry of Economics and Trade)

(b) For recognition of major invalidity benefits and

benefits for a dependent disabled child:

La Mutualidad General Judicial (Judicial general mutual
benefits insurance fund), Madrid’

(c) Section ‘J. NETHERLANDS’

is amended as follows:

Point 2(b) is replaced by the following:

‘(b) dealings with Belgium:

Bureau voor Belgische Zaken, Breda’

(d) Section ‘O. UNITED KINGDOM’

is replaced by the following:

‘Great Britain

(a) contributions and benefits

in kind for posted

workers:

National Insurance Contributions Office of the Inland
Revenue, International Services, Newcastle upon Tyne,
NE98 1ZZ

(b) all other questions:

Department of Social Security, Benefits Agency,
Pensions and Overseas Benefits Directorate, Newcastle
upon Tyne, NE98 1BA

18.1.2001

EN

Official Journal of the European Communities

L 14/19

Northern Ireland:

Gibraltar:

Department of Health and Social Services, Northern
Ireland Social Security Agency, Network Support
Branch, Overseas Benefits Unit, Castle Buildings, Belfast
BT4 3SP
Department of Social Security, Benefits Agency,
Pensions and Overseas Benefits Directorate, Newcastle
upon Tyne, NE98 1BA’

5. Annex 5 is amended as follows:

(a) Heading ‘20. DENMARK-ITALY’

is replaced by the following:

‘(a) The Exchange of Letters of 12 November 1982 and 12 January 1983 concerning Article 36(3) of the
Regulation (reciprocal waiving of reimbursement of costs of benefits in kind for sickness and maternity
provided under the terms of Chapter 1 of Title III of the Regulation with the exception of Article 22(1)(c) of
the Regulation).

(b) Agreement of 18 November 1998 on the reimbursement of costs pursuant to Articles 36 and 63 of
Regulation (EEC) No 1408/71 (benefits in kind under insurance for sickness, maternity, accidents at work and
occupational diseases) and Article 105 of Regulation (EEC) No 574/72 (costs of administrative checks and
medical examinations).’

(b) Heading ‘24. DENMARK-PORTUGAL’

is replaced by the following:

‘Agreement of 17 April 1998 on the partial waiving of reimbursement of costs pursuant to Articles 36 and 63 of
Regulation (EEC) No 1408/71 (benefits in kind under insurance for sickness, maternity, accidents at work and
occupational diseases) and Article 105 of Regulation (EEC) No 574/72 (costs of administrative checks and medical
examinations).’

(c) Heading ‘45. SPAIN-NETHERLANDS’

is replaced by the following:

‘Agreement of 21 February 2000 between the Netherlands and Spain facilitating the settlement of reciprocal
claims relating to sickness and maternity insurance benefits when implementing the provisions of Regulations
(EEC) No 1408/71 and (EEC) No 574/72.’

(d) Heading ‘50. SPAIN-UNITED KINGDOM’

is replaced by the following:

‘The Agreement of 18 June 1999 on the reimbursement of costs for benefits in kind granted pursuant to the
provisions of Regulations (EEC) No 1408/71 and (EEC) No 574/72.’

(e) Under heading ‘53. FRANCE-ITALY’, the following parts (d) and (e) are added:

‘(d) Exchange of Letters of 2 April 1997 and 20 October 1998 modifying the Exchange of Letters mentioned
under point (b) and (c) concerning the procedures for the settlement of reciprocal debts under the terms of
Articles 93, 94, 95 and 96 of the implementing Regulation.

(e) The Agreement of 28 June 2000 waiving reimbursement of the costs referred to in Article 105(1) of
Regulation (EEC) No 574/72 for administrative checks and medical examinations requested under Article 51
of the abovementioned Regulation.’

(f) Heading ‘55. FRANCE-NETHERLANDS’

is replaced by the following:

‘(a) The Agreement of 28 April 1997 on the waiving of reimbursement of the costs of administrative checks and

medical examinations pursuant to Article 105 of the implementing Regulation.

(b) The Agreement of 29 September 1998 laying down the special conditions for determining the amounts to be
reimbursed for benefits in kind under the terms of Regulations (EEC) No 1408/71 and (EEC) No 574/72.

(c) The Agreement of 3 February 1999 laying down the special conditions for administration and settling of
reciprocal debts for sickness benefits under the terms of Regulations (EEC) No 1408/71 and (EEC) No 574/72.’

(g) Heading ‘57. FRANCE-PORTUGAL’

is replaced by the following:

‘Agreement of 28 April 1999 laying down the special detailed rules governing the administration and settlement
of reciprocal claims for medical treatment pursuant to Regulations (EEC) No 1408/71 and (EEC) No 574/72.’

(h) Heading ‘58. FRANCE-UNITED KINGDOM’

is replaced by the following:

‘(a) The Exchange of Letters of 25 March and 28 April 1997 regarding Article 105(2) of the implementing
Regulation (waiving of reimbursement of the costs of administrative checks and medical examinations).

(b) The Agreement of 8 December 1998 on the specific methods of determining the amounts to be reimbursed

for benefits in kind pursuant to Regulations (EEC) No 1408/71 and (EEC) No 574/72.’

L 14/20

EN

Official Journal of the European Communities

18.1.2001

(i) Heading ‘63. GREECE-AUSTRIA’

is replaced by the following:

‘Agreement on the waiving of reimbursement of the costs of administrative checks and medical examinations
provided for in Article 105(2) of the implementing Regulation in the form of a written record dated 29 April
1999.’

(j) Heading ‘94. AUSTRIA-PORTUGAL’

is replaced by the following:

‘Agreement of 16 December 1998 on the refund of benefits in kind.’

6. Annex 10 is amended as follows:

(a) Section ‘D. SPAIN’

is amended as follows:

(i) The following point 8 is added:

‘8. Special schemes for civil servants

For the application of Articles 14e, 14f and 17 of
the Regulation and Article 12b of
the imple-
menting Regulation

Mutualidad General de Funcionarios Civiles del
Estado, Servicios Centrales (General Mutual Insurance
Scheme for State Civil Servants, Central Services),
Madrid’

(ii) The following point 9 is added:

‘9. Special scheme for officials of the armed forces

For the application of Articles 14e, 14f and 17 of
the Regulation and Article 12b of the imple-
menting Regulation

Instituto Social de las Fuerzas Armadas (Social Insur-
ance Institute of the Armed Forces), Madrid’

(iii) The following point 10 is added:

‘10. Special scheme for officials of the administration of justice

For the application of Articles 14e, 14f and 17
of the Regulation and Article 12b of the imple-
menting Regulation

Mutualidad General Judicial (General Mutual Insur-
ance Scheme for the Judiciary), Madrid’

(b) Section ‘J. THE NETHERLANDS’

is amended as follows:

Point 2 is replaced by the following:

‘2. For the purposes of applying Article 14(3) of the
implementing Regulation,
in respect of auxiliary
staff of the European Communities, who are not
resident in the Netherlands (for benefits in kind
only):

(c) Section ‘O. UNITED KINGDOM’

is amended as follows:

(i) Point 1 is replaced by the following:

‘1. For the purposes of applying Articles 14c 14d,
(3) and 17 of the Regulation and Articles 6(1),
11(1), 11a(1), 12a, 13(2) and (3), 14(1), (2) and
(3), and Articles 80(2), 81, 82(2) and 109 of the
implementing Regulation:

Great Britain:

Northern Ireland:

the health insurance fund to which the person
concerned is affiliated’

National Insurance Contributions Office of the Inland
Revenue,
International Services, Newcastle upon
Tyne, NE98 1ZZ

Department of Health and Social Services, Northern
Ireland Social Security Agency, Network Support
Branch, Overseas Benefits Unit, Castle Buildings,
Belfast BT4 3SP’

18.1.2001

EN

Official Journal of the European Communities

L 14/21

(ii) Point 2 is replaced by the following:

‘2. For the purposes of applying Articles 36 and 63
of the Regulation and Articles 8, 38(1), 70(1),
91(2), 102(2), 110 and 113(2) of
the imple-
menting Regulation:

Great Britain:

Northern Ireland:

Department of Social Security, Benefits Agency,
Pensions
Benefits Directorate,
Newcastle upon Tyne, NE98 1BA

and Overseas

Department of Health and Social Services, Northern
Ireland Social Security Agency, Network Support
Branch, Overseas Benefits Unit, Castle Buildings,
Belfast BT4 3SP’