2004/324/EC: Decision No 192 of 29 October 2003 concerning the conditions for implementing Article 50(1)(b) of Council Regulation (EEC) No 574/72 (Text with EEA relevance)
Date: 2003-10-29
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: EFTA countries, EU Member State, form, migrant worker, social-security harmonisation, worker (EU)

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Official Journal of the European Union

8.4.2004

COMMISSION

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY
FOR MIGRANT WORKERS

concerning the conditions for implementing Article 50(1)(b) of Council Regulation (EEC) No 574/
72

DECISION No 192

of 29 October 2003

(Text with EEA relevance)

(2004/324/EC)

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMU-
NITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 50(2) of Regulation (EEC) No 574/72,
pursuant to which it is required to fix the methods for imple-
menting Article 50(1) of the said Regulation,

Having regard to Article 81(a) of Council Regulation (EEC) No
1408/71 of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and to
members of their family moving within the Community (1),
pursuant to which it is required to deal with all administrative
questions arising from Regulation (EEC) No 1408/71 and
subsequent regulations,

Having regard to Article 2(1) of Regulation (EEC) No 574/72,
pursuant to which it is required to draw up models of certifi-
cates, certified statements, declarations, applications and other
documents necessary for the application of the Regulations,
and under which these documents may be distributed among
institutions either by using paper forms or by transmitting stan-
dardised electronic messages via telematic services,

Having regard to Article 81(d) of Regulation (EEC) No 1408/
71, pursuant to which it is required to foster and develop coop-
eration between Member States by modernising the necessary
procedures for the exchange of information, in particular by
adapting the information flow between institutions to telematic
systems, taking account of the state of the art of information-
processing in each Member State, first and foremost with a
view to speeding up the granting of benefits,

Having regard to Article 117 of Council Regulation (EEC) No
574/72 of 21 March 1972 fixing the procedure for imple-
menting Regulation (EEC) No 1408/71 (2), pursuant to which it
is required, on the basis of studies and proposals from the
Technical Commission on Data Processing, to adapt the models
of certificates, certified statements, declarations, claims and
other documents as well as the routing channels and data-trans-
mission procedures used for the implementation of the Regu-
lation and of the implementing Regulation to new data-proces-
sing technologies,

Whereas:

(1)

(2)

It is appropriate to specify the conditions for the imple-
mentation of Article 50(1)(d) of Regulation (EEC) No
574/72 and to establish model forms for the implemen-
tation of the said Article.

It is necessary to foster and facilitate the exchange of
information on the insurance history of workers who
have moved within the European Union before the
minimum pensionable age in the States concerned, or
any other procedure which makes it possible to inform
workers of their rights in good time and speed up the
subsequent settlement of those rights.

(1) OJ L 149, 5.7.1971, p. 2.
(2) OJ L 74, 27.3.1972, p. 1.

(3)

Decision No 118 of 20 April 1983 must be amended
and updated.

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HAS DECIDED AS FOLLOWS:

The institutions referred to in Article 50(1)(b) of Regulation
(EEC) No 574/72 shall draw up the insurance history of
workers who have been subject to the legislation of two or
more Member States in accordance with the provisions set out
below.

1.

The institutions concerned shall draw up the insurance
history of a worker no later than one year before the date
on which he or she will reach the minimum pensionable
age.

(a) either at the worker's request to one of these institu-

tions;

(b) or

at
the
concerned.

initiative of one of

the

institutions

2.

Institutions shall provide other institutions that have to
draw up insurance histories with full information (registra-
tion data and periods completed) relating to the careers of
workers who have been insured in other Member States.

Depending on their technological capabilities, institutions
shall make this information available by telematic means
(see point 2.1), online consultation (see point 2.2) or any
other means or procedures. Failing this, they shall use the
paper-based procedure described in point 2.3.

shall be made by Member States,

The choices regarding the timing and method of data
taking
exchanges
account of the characteristics of their pension systems,
and may be the subject of agreements between their
competent authorities or institutions.

2.1. In the case of data transmission by telematic means, an
institution drawing up an insurance history shall contact
the local competent institutions via the designated bodies
in its own country and in the other Member States
concerned. Requests and replies must be formatted in line
with forms E 503 and E 505 respectively. For these
exchanges, the institutions concerned shall comply with
the common architecture rules, especially with regard to
security and use of standards, and the provisions for the
operation of the common part of telematic services laid
down by the Administrative Commission pursuant to Arti-
cles 117a and 117b of Regulation (EEC) No 574/72.

form giving details of the person's insurance history under
the legislation it applies. The paper-based procedure does
not require the involvement of the designated bodies.

two or more Member States, after
The authorities of
consulting the Administrative Commission, may agree to
use forms other than E 503 or E 505 or to establish
different arrangements for implementing this procedure.

2.4. For the purposes of this Decision, the ‘designated body’

shall be:

AUSTRIA:

BELGIUM:

DENMARK:

Hauptverband der Österreichischen
Sozialversicherungsträger, Vienna

L'Office National des pensions pour
travailleurs
(ONP) Rijks-
dienst voor pensioenen (RVP), Brus-
sels

salariés

Sociale

Den
København
Security Agency), Copenhagen

Sikringsstyrelse,
Social

(National

FINLAND:

Eläketurvakeskus (ETK), Helsinki

FRANCE:

GERMANY:

GREECE:

IRELAND:

ITALY:

Caisse Nationale d'Assurance Veil-
lesse (CNAV), Paris

Verband Deutscher Rentenversi-
cherungsträger — Datenstelle der
deutschen
Rentenversicherung
(VDR — DSRV), Würzburg

L'Idryma Koinonikon Asfaliseon
(IKA), Athens

Department of Social and Family
Affairs, Dublin

Istituto Nazionale della Previdenza
Sociale (INPS), Rome

LUXEMBOURG:

Centre Commun de la Sécurité
Sociale, Luxembourg

NETHERLANDS:

Sociale
Amsterdam

Verzekeringsbank,

PORTUGAL:

de

Instituto
Segurança
Nacional de Pensões, Lisbon

Social

Solidariedade

e
(ISSS)/Centro

2.2. In the case of online consultation, an institution drawing
up an insurance history shall use the insurance history
drawn up by the other institution in line with form E 505.

SPAIN:

Tesorería General de la Seguridad
Social (TGSS)/Instituto Nacional de
la Seguridad Social (INSS), Madrid

2.3. Where the paper-based procedure is used as the default
option, an institution drawing up an insurance history
shall send an E 503 form to the institutions in all the
other countries of employment of which it is aware. In
reply, each institution concerned shall provide an E 505

SWEDEN:

Riksförsäkringsverket, Stockholm

UNITED KINGDOM: Department

for Work

Pensions,
Centre, Newcastle-upon-Tyne

International

and
Pension

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2.5. The model forms E 503 and E 505 to be used for the paper-based procedure are attached to this Deci-

sion.

3.

4.

If the legislation of a Member State sets a minimum age for the granting of a survivor's pension, the
institutions concerned shall, in similar manner, draw up the insurance history of a deceased worker
no later than one year before the date on which survivors will reach the minimum age of entitlement
to a survivor's pension.

This Decision, which replaces Decision No 118 of 20 April 1983, shall be published in the Official
Journal of the European Union. It shall apply with effect from 1 January 2004.

The Chairman of the Administrative
Commission

Giuseppe MICCIO

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