Corrigendum to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004)
Date: 2004-06-07
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, social security legislation, social-security benefit, social-security contribution, social-security harmonisation

7.6.2004

EN

Official Journal of the European Union

L 200/1

CORRIGENDA

Corrigendum to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004
on the coordination of social security systems

(Official Journal of the European Union L 166 of 30 April 2004)

Regulation (EC) No 883/2004 should read as follows:

REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
on the coordination of social security systems

(Text with relevance for the EEA and for Switzerland)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(3)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 42 and 308 thereof,

Having regard to the proposal from the Commission presented
after consultation with the social partners and the Administrative
Commission on Social Security for Migrant Workers (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (3),

Whereas:

(1)

(2)

The rules for coordination of national social security sys-
tems fall within the framework of free movement of per-
sons and should contribute towards improving their stan-
dard of living and conditions of employment.

The Treaty does not provide powers other than those of
Article 308 to take appropriate measures within the field
of social security for persons other than employed persons.

(1) OJ C 38, 12.2.1999, p. 10.
(2) OJ C 75, 15.3.2000, p. 29.
(3) Opinion of the European Parliament of 3 September 2003 (not yet
published in the Official Journal). Council Common Position of
26 January 2004 (OJ C 79 E, 30.3.2004, p. 15) and Position of the
European Parliament of 20 April 2004 (not yet published in the Offi-
cial Journal). Decision of the Council of 26 April 2004.

Council Regulation (EEC) No 1408/71 of 14 June 1971 on
the application of social security schemes to employed per-
sons, to self-employed persons and to members of their
families moving within the Community (4) has been
amended and updated on numerous occasions in order to
take into account not only developments at Community
level, including judgments of the Court of Justice, but also
changes in legislation at national level. Such factors have
played their part in making the Community coordination
rules complex and lengthy. Replacing, while modernising
and simplifying, these rules is therefore essential to achieve
the aim of the free movement of persons.

(4)

It is necessary to respect the special characteristics of
national social security legislation and to draw up only a
system of coordination.

(5)

(6)

It is necessary, within the framework of such coordination,
to guarantee within the Community equality of treatment
under the different national legislation for the persons
concerned.

The close link between social security legislation and those
contractual provisions which complement or replace such
legislation and which have been the subject of a decision
by the public authorities rendering them compulsory or
extending their scope may call for similar protection with
regard to the application of those provisions to that
afforded by this Regulation. As a first step, the experience
of Member States who have notified such schemes might
be evaluated.

(4) OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation
(EC) No 1386/2001 of the European Parliament and of the Council
(OJ L 187, 10.7.2001, p. 1).

L 200/2

EN

Official Journal of the European Union

7.6.2004

(7)

(8)

(9)

Due to the major differences existing between national leg-
islation in terms of the persons covered, it is preferable to
lay down the principle that this Regulation is to apply to
nationals of a Member State, stateless persons and refugees
resident in the territory of a Member State who are or have
been subject to the social security legislation of one or
more Member States, as well as to the members of their
families and to their survivors.

The general principle of equal treatment is of particular
importance for workers who do not reside in the Member
State of their employment, including frontier workers.

The Court of Justice has on several occasions given an
opinion on the possibility of equal treatment of benefits,
income and facts; this principle should be adopted explic-
itly and developed, while observing the substance and
spirit of legal rulings.

(10) However, the principle of treating certain facts or events
occurring in the territory of another Member State as if
they had taken place in the territory of the Member State
whose legislation is applicable should not interfere with
the principle of aggregating periods of insurance, employ-
ment, self-employment or residence completed under the
legislation of another Member State with those completed
under the legislation of the competent Member State. Peri-
ods completed under the legislation of another Member
State should therefore be taken into account solely by
applying the principle of aggregation of periods.

(11) The assimilation of facts or events occurring in a Member
State can in no way render another Member State compe-
tent or its legislation applicable.

(15)

It is necessary to subject persons moving within the Com-
munity to the social security scheme of only one single
Member State in order to avoid overlapping of the appli-
cable provisions of national legislation and the complica-
tions which could result therefrom.

(16) Within the Community there is in principle no justifica-
tion for making social security rights dependent on the
place of residence of the person concerned; nevertheless, in
specific cases, in particular as regards special benefits linked
to the economic and social context of the person involved,
the place of residence could be taken into account.

(17) With a view to guaranteeing the equality of treatment of all
persons occupied in the territory of a Member State as
effectively as possible, it is appropriate to determine as the
legislation applicable, as a general rule, that of the Member
State in which the person concerned pursues his/her activ-
ity as an employed or self-employed person.

(18)

In specific situations which justify other criteria of appli-
cability, it is necessary to derogate from that general rule.

(19)

In some cases, maternity and equivalent paternity benefits
may be enjoyed by the mother or the father and since, for
the latter, these benefits are different from parental benefits
and can be assimilated to maternity benefits strictu sensu in
that they are provided during the first months of a new-
born child’s life, it is appropriate that maternity and equiva-
lent paternity benefits be regulated jointly.

(12)

In the light of proportionality, care should be taken to
ensure that the principle of assimilation of facts or events
does not lead to objectively unjustified results or to the
overlapping of benefits of the same kind for the same
period.

(20)

In the field of sickness, maternity and equivalent paternity
benefits, insured persons, as well as the members of their
families, living or staying in a Member State other than the
competent Member State, should be afforded protection.

(13) The coordination rules must guarantee that persons mov-
ing within the Community and their dependants and sur-
vivors retain the rights and the advantages acquired and in
the course of being acquired.

(21)

Provisions on sickness, maternity and equivalent paternity
benefits were drawn up in the light of Court of Justice case-
law. Provisions on prior authorisation have been improved,
taking into account the relevant decisions of the Court of
Justice.

(14)

These objectives must be attained in particular by aggre-
gating all the periods taken into account under the various
national legislation for the purpose of acquiring and retain-
ing the right to benefits and of calculating the amount of
benefits, and by providing benefits for the various catego-
ries of persons covered by this Regulation.

(22) The specific position of pension claimants and pensioners
and the members of their families makes it necessary to
have provisions governing sickness insurance adapted to
this situation.

(23)

(24)

7.6.2004

EN

Official Journal of the European Union

L 200/3

In view of the differences between the various national sys-
tems, it is appropriate that Member States make provision,
where possible, for medical treatment for family members
of frontier workers in the Member State where the latter
pursue their activity.

the Community legislature to fix the limits within which
the national provisions concerning reduction, suspension
or withdrawal are to be applied.

It is necessary to establish specific provisions regulating the
non-overlapping of sickness benefits in kind and sickness
benefits in cash which are of the same nature as those
which were the subject of the judgments of the Court of
Justice in Case C-215/99 Jauch and C-160/96 Molenaar,
provided that those benefits cover the same risk.

(25)

In respect of benefits for accidents at work and occupa-
tional diseases, rules should be laid down, for the purpose
of affording protection, covering the situation of persons
residing or staying in a Member State other than the com-
petent Member State.

(32)

(33)

In order to foster mobility of workers, it is particularly
appropriate to facilitate the search for employment in the
various Member States; it is therefore necessary to ensure
closer and more effective coordination between the unem-
ployment insurance schemes and the employment services
of all the Member States.

It is necessary to include statutory pre-retirement schemes
within the scope of this Regulation, thus guaranteeing both
equal treatment and the possibility of exporting pre-
retirement benefits as well as the award of family and
health-care benefits to the person concerned, in accor-
dance with the provisions of this Regulation; however, the
rule on the aggregation of periods should not be included,
as only a very limited number of Member States have sta-
tutory pre-retirement schemes.

(26)

For invalidity benefits, a system of coordination should be
drawn up which respects the specific characteristics of
national legislation, in particular as regards recognition of
invalidity and aggravation thereof.

(34)

(27)

It is necessary to devise a system for the award of old-age
benefits and survivors’ benefits where the person con-
cerned has been subject to the legislation of one or more
Member States.

Since family benefits have a very broad scope, affording
protection in situations which could be described as clas-
sic as well as in others which are specific in nature, with
the latter type of benefit having been the subject of the
judgments of the Court of Justice in Joined Cases C-245/94
and C-312/94 Hoever and Zachow and in Case C-275/96
Kuusijärvi, it is necessary to regulate all such benefits.

(28) There is a need to determine the amount of a pension cal-
culated in accordance with the method used for aggrega-
tion and pro rata calculation and guaranteed by Commu-
legislation,
nity law where the application of national
including rules concerning reduction, suspension or with-
drawal, is less favourable than the aforementioned method.

(35)

In order to avoid unwarranted overlapping of benefits,
there is a need to lay down rules of priority in the case of
overlapping of rights to family benefits under the legis-
lation of the competent Member State and under the
legislation of the Member State of residence of the mem-
bers of the family.

(29)

To protect migrant workers and their survivors against
excessively stringent application of the national rules con-
cerning reduction, suspension or withdrawal, it is neces-
sary to include provisions strictly governing the applica-
tion of such rules.

(30) As has constantly been reaffirmed by the Court of Justice,
the Council is not deemed competent to enact rules impos-
ing a restriction on the overlapping of two or more pen-
sions acquired in different Member States by a reduction of
the amount of a pension acquired solely under national
legislation.

(31) According to the Court of Justice, it is for the national leg-
islature to enact such rules, bearing in mind that it is for

(36) Advances of maintenance allowances are recoverable
advances intended to compensate for a parent’s failure to
fulfil his/her legal obligation of maintenance to his/her
own child, which is an obligation derived from family law.
Therefore, these advances should not be considered as a
direct benefit from collective support in favour of families.
Given these particularities, the coordinating rules should
not be applied to such maintenance allowances.

(37) As the Court of Justice has repeatedly stated, provisions
which derogate from the principle of the exportability of
social security benefits must be interpreted strictly. This
means that they can apply only to benefits which satisfy
the specified conditions. It follows that Chapter 9 of Title III
of this Regulation can apply only to benefits which are
both special and non-contributory and listed in Annex X
to this Regulation.

L 200/4

EN

Official Journal of the European Union

7.6.2004

(38)

It is necessary to establish an Administrative Commission
consisting of a government representative from each Mem-
ber State, charged in particular with dealing with all admin-
istrative questions or questions of interpretation arising
from the provisions of this Regulation, and with promot-
ing further cooperation between the Member States.

that Regulation (EEC) No 1408/71 remain in force and
continue to have legal effect for the purposes of certain
Community acts and agreements to which the Community
is a party, in order to secure legal certainty.

(39)

The development and use of data-processing services for
the exchange of information has been found to require the
creation of a Technical Commission, under the aegis of the
Administrative Commission, with specific responsibilities
in the field of data-processing.

(40) The use of data-processing services for exchanging data
between institutions requires provisions guaranteeing that
the documents exchanged or issued by electronic means
are accepted as equivalent to paper documents. Such
exchanges are to be carried out in accordance with the
Community provisions on the protection of natural per-
sons with regard to the processing and free movement of
personal data.

(41)

It is necessary to lay down special provisions which corre-
spond to the special characteristics of national legislation
in order to facilitate the application of the rules of
coordination.

(42)

a

special derogation by means of

In line with the principle of proportionality, in accordance
with the premise for the extension of this Regulation to all
European Union citizens and in order to find a solution
that takes account of any constraints which may be con-
nected with the special characteristics of systems based on
residence,
an
Annex XI — ‘DENMARK’ entry, limited to social pension
entitlement exclusively in respect of the new category of
non-active persons, to whom this Regulation has been
extended, was deemed appropriate due to the specific fea-
tures of the Danish system and in the light of the fact that
those pensions are exportable after a 10-year period of
residence under
the Danish legislation in force
(Pension Act).

(45)

Since the objective of the proposed action, namely the
coordination measures to guarantee that the right to free
movement of persons can be exercised effectively, cannot
be sufficiently achieved by the Member States and can
therefore, by reason of the scale and effects of that action,
be better achieved at Community level, the Community
may adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty. In accor-
dance with the principle of proportionality as set out in
that article, this Regulation does not go beyond what is
necessary, in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Regulation:

(a)

‘activity as an employed person’ means any activity or equiva-
lent situation treated as such for the purposes of the social
security legislation of the Member State in which such activ-
ity or equivalent situation exists;

(b)

‘activity as a self-employed person’ means any activity or
equivalent situation treated as such for the purposes of the
social security legislation of the Member State in which such
activity or equivalent situation exists;

(43)

In line with the principle of equality of treatment, a special
derogation by means of an Annex XI — ‘FINLAND’ entry,
limited to residence-based national pensions, is deemed
appropriate due to the specific characteristics of Finnish
social security legislation, the objective of which is to
ensure that the amount of the national pension cannot be
less than the amount of the national pension calculated as
if all insurance periods completed in any Member State
were completed in Finland.

(c)

‘insured person’, in relation to the social security branches
covered by Title III, Chapters 1 and 3, means any person sat-
isfying the conditions required under the legislation of the
Member State competent under Title II to have the right to
benefits,
this
Regulation;

taking into account

the provisions of

(44)

It is necessary to introduce a new Regulation to repeal
Regulation (EEC) No 1408/71. However, it is necessary

(d)

‘civil servant’ means a person considered to be such or treated
as such by the Member State to which the administration
employing him/her is subject;

7.6.2004

EN

Official Journal of the European Union

L 200/5

(e)

‘special scheme for civil servants’ means any social security
scheme which is different from the general social security
scheme applicable to employed persons in the Member State
concerned and to which all, or certain categories of, civil ser-
vants are directly subject;

(l)

‘legislation’ means, in respect of each Member State, laws,
regulations and other statutory provisions and all other
implementing measures relating to the social security
branches covered by Article 3(1);

(f)

‘frontier worker’ means any person pursuing an activity as an
employed or self-employed person in a Member State and
who resides in another Member State to which he/she returns
as a rule daily or at least once a week;

(g)

‘refugee’ shall have the meaning assigned to it in Article 1 of
the Convention relating to the Status of Refugees, signed in
Geneva on 28 July 1951;

This term excludes contractual provisions other than those
which serve to implement an insurance obligation arising
from the laws and regulations referred to in the preceding
subparagraph or which have been the subject of a decision by
the public authorities which makes them obligatory or
extends their scope, provided that the Member State con-
cerned makes a declaration to that effect, notified to the
President of the European Parliament and the President of the
Council of the European Union. Such declaration shall be
published in the Official Journal of the European Union;

(h)

‘stateless person’ shall have the meaning assigned to it in
Article 1 of the Convention relating to the Status of Stateless
Persons, signed in New York on 28 September 1954;

(m) ‘competent authority’ means, in respect of each Member
State, the Minister, Ministers or other equivalent authority
responsible for social security schemes throughout or in any
part of the Member State in question;

(i)

‘member of the family’ means:

(n)

‘Administrative Commission’ means the commission referred
to in Article 71;

1.

(i)

any person defined or recognised as a member of
the family or designated as a member of the house-
hold by the legislation under which benefits are
provided;

(o)

‘Implementing Regulation’ means the Regulation referred to
in Article 89;

(ii) with regard to benefits in kind pursuant to Title III,
Chapter 1 on sickness, maternity and equivalent
paternity benefits, any person defined or recognised
as a member of the family or designated as a mem-
ber of the household by the legislation of the Mem-
ber State in which he/she resides;

if the legislation of a Member State which is applicable
under subparagraph 1 does not make a distinction
between the members of the family and other persons to
whom it is applicable, the spouse, minor children, and
dependent children who have reached the age of major-
ity shall be considered members of the family;

if, under the legislation which is applicable under sub-
paragraphs 1 and 2, a person is considered a member of
the family or member of the household only if he/she
lives in the same household as the insured person or
pensioner, this condition shall be considered satisfied if
the person in question is mainly dependent on the
insured person or pensioner;

2.

3.

(p)

‘institution’ means, in respect of each Member State, the body
or authority responsible for applying all or part of the
legislation;

(q)

‘competent institution’ means:

(i)

the institution with which the person concerned is
insured at the time of the application for benefit;

or

(ii)

the institution from which the person concerned is or
would be entitled to benefits if he/she or a member or
members of his/her family resided in the Member State
in which the institution is situated;

or

(j)

‘residence’ means the place where a person habitually resides;

(iii) the institution designated by the competent authority of

the Member State concerned;

(k)

‘stay’ means temporary residence;

or

L 200/6

EN

Official Journal of the European Union

7.6.2004

(iv)

in the case of a scheme relating to an employer’s obliga-
tions in respect of the benefits set out in Article 3(1),
either the employer or the insurer involved or, in default
thereof, the body or authority designated by the compe-
tent authority of the Member State concerned;

(y)

(z)

(r)

‘institution of the place of residence’ and ‘institution of the
place of stay’ mean respectively the institution which is com-
petent to provide benefits in the place where the person con-
cerned resides and the institution which is competent to pro-
vide benefits in the place where the person concerned is
staying, in accordance with the legislation administered by
that institution or, where no such institution exists, the insti-
tution designated by the competent authority of the Member
State concerned;

(s)

‘competent Member State’ means the Member State in which
the competent institution is situated;

(t)

‘period of insurance’ means periods of contribution, employ-
ment or self-employment as defined or recognised as periods
of insurance by the legislation under which they were com-
pleted or considered as completed, and all periods treated as
such, where they are regarded by the said legislation as
equivalent to periods of insurance;

(u)

‘period of employment’ or ‘period of self-employment’ mean
periods so defined or recognised by the legislation under
which they were completed, and all periods treated as such,
where they are regarded by the said legislation as equivalent
to periods of employment or to periods of self-employment;

(v)

‘period of residence’ means periods so defined or recognised
by the legislation under which they were completed or con-
sidered as completed;

(w)

‘pension’ covers not only pensions but also lump-sum ben-
efits which can be substituted for them and payments in the
form of reimbursement of contributions and, subject to the
provisions of Title III, revaluation increases or supplementary
allowances;

‘death grant’ means any one-off payment in the event of
death excluding the lump-sum benefits referred to in
subparagraph w;

‘family benefit’ means all benefits in kind or in cash intended
to meet family expenses, excluding advances of maintenance
payments and special childbirth and adoption allowances
mentioned in Annex I.

Article 2

Persons covered

1.
This Regulation shall apply to nationals of a Member State,
stateless persons and refugees residing in a Member State who are
or have been subject to the legislation of one or more Member
States, as well as to the members of their families and to their
survivors.

2.
It shall also apply to the survivors of persons who have been
subject to the legislation of one or more Member States, irrespec-
tive of the nationality of such persons, where their survivors are
nationals of a Member State or stateless persons or refugees resid-
ing in one of the Member States.

Article 3

Matters covered

This Regulation shall apply to all legislation concerning the

1.
following branches of social security:

(a)

sickness benefits;

(b) maternity and equivalent paternity benefits;

(c)

invalidity benefits;

(d) old-age benefits;

(e)

survivors’ benefits;

(f) benefits in respect of accidents at work and occupational

(x)

‘pre-retirement benefit’ means: all cash benefits, other than an
unemployment benefit or an early old-age benefit, provided
from a specified age to workers who have reduced, ceased or
suspended their remunerative activities until the age at which
they qualify for an old-age pension or an early retirement
pension, the receipt of which is not conditional upon the per-
son concerned being available to the employment services of
the competent State; ‘early old-age benefit’ means a benefit
provided before the normal pension entitlement age is
reached and which either continues to be provided once the
said age is reached or is replaced by another old-age benefit;

diseases;

(g) death grants;

(h) unemployment benefits;

(i) pre-retirement benefits;

(j)

family benefits.

7.6.2004

EN

Official Journal of the European Union

L 200/7

Unless otherwise provided for in Annex XI, this Regulation
2.
shall apply to general and special social security schemes, whether
contributory or non-contributory, and to schemes relating to the
obligations of an employer or shipowner.

Article 6

Aggregation of periods

This Regulation shall also apply to the special non-

3.
contributory cash benefits covered by Article 70.

Unless otherwise provided for by this Regulation, the competent
institution of a Member State whose legislation makes:

— the acquisition, retention, duration or recovery of the right to

benefits,

4.
The provisions of Title III of this Regulation shall not, how-
ever, affect the legislative provisions of any Member State con-
cerning a shipowner’s obligations.

— the coverage by legislation,

5.
This Regulation shall not apply to social and medical assis-
tance or to benefit schemes for victims of war or its consequences.

Article 4

Equality of treatment

Unless otherwise provided for by this Regulation, persons to
whom this Regulation applies shall enjoy the same benefits and
be subject to the same obligations under the legislation of any
Member State as the nationals thereof.

or

— the access to or the exemption from compulsory, optional

continued or voluntary insurance,

conditional upon the completion of periods of insurance, employ-
ment, self-employment or residence shall, to the extent necessary,
insurance, employment, self-
take into account periods of
employment or residence completed under the legislation of any
other Member State as though they were periods completed under
the legislation which it applies.

Article 7

Waiving of residence rules

Article 5

Equal treatment of benefits, income, facts or events

Unless otherwise provided for by this Regulation and in the light
of the special implementing provisions laid down, the following
shall apply:

(a) where, under the legislation of the competent Member State,
the receipt of social security benefits and other income has
certain legal effects, the relevant provisions of that legislation
shall also apply to the receipt of equivalent benefits acquired
under the legislation of another Member State or to income
acquired in another Member State;

(b) where, under the legislation of the competent Member State,
legal effects are attributed to the occurrence of certain facts
or events, that Member State shall take account of like facts
or events occurring in any Member State as though they had
taken place in its own territory.

Unless otherwise provided for by this Regulation, cash benefits
payable under the legislation of one or more Member States or
under this Regulation shall not be subject to any reduction,
amendment, suspension, withdrawal or confiscation on account
of the fact that the beneficiary or the members of his/her family
reside in a Member State other than that in which the institution
responsible for providing benefits is situated.

Article 8

Relations between this Regulation and other
coordination instruments

This Regulation shall replace any social security convention
1.
applicable between Member States falling under its scope. Certain
provisions of social security conventions entered into by the
Member States before the date of application of this Regulation
shall, however, continue to apply provided that they are more
favourable to the beneficiaries or if they arise from specific his-
torical circumstances and their effect is limited in time. For these
provisions to remain applicable, they shall be included in Annex II.
If, on objective grounds, it is not possible to extend some of these
provisions to all persons to whom the Regulation applies this
shall be specified.

L 200/8

EN

Official Journal of the European Union

7.6.2004

Two or more Member States may, as the need arises, con-
2.
clude conventions with each other based on the principles of this
Regulation and in keeping with the spirit thereof.

3.

Subject to Articles 12 to 16:

Article 9

Declarations by the Member States on the scope
of this Regulation

1.
The Member States shall notify the Commission of the
European Communities in writing of the declarations referred to
in Article 1(1), the legislation and schemes referred to in Article 3,
the conventions entered into as referred to in Article 8(2) and the
minimum benefits referred to in Article 58, as well as substantive
amendments made subsequently. Such notifications shall indicate
the date of entry into force of the laws and schemes in question
or, in the case of the declarations provided for in Article 1(1), the
date from which this Regulation will apply to the schemes speci-
fied in the declarations by the Member States.

2.
These notifications shall be submitted to the Commission of
the European Communities every year and published in the Offi-
cial Journal of the European Union.

(a) a person pursuing an activity as an employed or self-
employed person in a Member State shall be subject to the
legislation of that Member State;

(b) a civil servant shall be subject to the legislation of the Mem-
ber State to which the administration employing him/her is
subject;

(c) a person receiving unemployment benefits in accordance
with Article 65 under the legislation of the Member State of
residence shall be subject to the legislation of that Member
State;

(d) a person called up or recalled for service in the armed forces
or for civilian service in a Member State shall be subject to
the legislation of that Member State;

Article 10

Prevention of overlapping of benefits

(e) any other person to whom subparagraphs (a) to (d) do not
apply shall be subject to the legislation of the Member State
of residence, without prejudice to other provisions of this
Regulation guaranteeing him/her benefits under the legisla-
tion of one or more other Member States.

Unless otherwise specified, this Regulation shall neither confer
nor maintain the right to several benefits of the same kind for one
and the same period of compulsory insurance.

TITLE II

DETERMINATION OF THE LEGISLATION APPLICABLE

Article 11

General rules

4.
For the purposes of this Title, an activity as an employed or
self-employed person normally pursued on board a vessel at sea
flying the flag of a Member State shall be deemed to be an activity
pursued in the said Member State. However, a person employed
on board a vessel flying the flag of a Member State and remuner-
ated for such activity by an undertaking or a person whose reg-
istered office or place of business is in another Member State shall
be subject to the legislation of the latter Member State if he/she
resides in that State. The undertaking or person paying the remu-
neration shall be considered as the employer for the purposes of
the said legislation.

1.
Persons to whom this Regulation applies shall be subject to
the legislation of a single Member State only. Such legislation shall
be determined in accordance with this Title.

Article 12

Special rules

For the purposes of this Title, persons receiving cash ben-
2.
efits because or as a consequence of their activity as an employed
or self-employed person shall be considered to be pursuing the
said activity. This shall not apply to invalidity, old-age or survi-
vors’ pensions or to pensions in respect of accidents at work or
occupational diseases or to sickness benefits in cash covering
treatment for an unlimited period.

1.
A person who pursues an activity as an employed person in
a Member State on behalf of an employer which normally carries
out its activities there and who is posted by that employer to
another Member State to perform work on that employer’s behalf
shall continue to be subject to the legislation of the first Member
State, provided that the anticipated duration of such work does
not exceed 24 months and that he/she is not sent to replace
another person.

7.6.2004

EN

Official Journal of the European Union

L 200/9

A person who normally pursues an activity as a self-
2.
employed person in a Member State who goes to pursue a similar
activity in another Member State shall continue to be subject to
the legislation of the first Member State, provided that the antici-
pated duration of such activity does not exceed 24 months.

A person who is employed as a civil servant by one Mem-
4.
ber State and who pursues an activity as an employed person
and/or as a self-employed person in one or more other Member
States shall be subject to the legislation of the Member State to
which the administration employing him/her is subject.

Article 13

Pursuit of activities in two or more Member States

A person who normally pursues an activity as an employed

1.
person in two or more Member States shall be subject to:

(a)

the legislation of the Member State of residence if he/she pur-
sues a substantial part of his/her activity in that Member State
or if he/she is employed by various undertakings or various
employers whose registered office or place of business is in
different Member States,

or

(b)

the legislation of the Member State in which the registered
office or place of business of the undertaking or employer
employing him/her is situated, if he/she does not pursue a
substantial part of his/her activities in the Member State of
residence.

2.
A person who normally pursues an activity as a self-
employed person in two or more Member States shall be subject
to:

(a)

the legislation of the Member State of residence if he/she pur-
sues a substantial part of his/her activity in that Member
State;

or

(b)

the legislation of the Member State in which the centre of
interest of his/her activities is situated, if he/she does not
reside in one of the Member States in which he/she pursues a
substantial part of his/her activity.

Persons referred to in paragraphs 1 to 4 shall be treated, for
5.
the purposes of the legislation determined in accordance with
these provisions, as though they were pursuing all their activities
as employed or self-employed persons and were receiving all their
income in the Member State concerned.

Article 14

Voluntary insurance or optional continued insurance

1.
Articles 11 to 13 shall not apply to voluntary insurance or
to optional continued insurance unless, in respect of one of the
branches referred to in Article 3(1), only a voluntary scheme of
insurance exists in a Member State.

2. Where, by virtue of the legislation of a Member State, the
person concerned is subject to compulsory insurance in that
Member State, he/she may not be subject to a voluntary insurance
scheme or an optional continued insurance scheme in another
Member State. In all other cases in which, for a given branch,
there is a choice between several voluntary insurance schemes or
optional continued insurance schemes, the person concerned
shall join only the scheme of his/her choice.

However, in respect of invalidity, old age and survivors’ ben-
3.
efits, the person concerned may join the voluntary or optional
continued insurance scheme of a Member State, even if he/she is
compulsorily subject to the legislation of another Member State,
provided that he/she has been subject, at some stage in his/her
career, to the legislation of the first Member State because or as a
consequence of an activity as an employed or self-employed per-
son and if such overlapping is explicitly or implicitly allowed
under the legislation of the first Member State.

3.
A person who normally pursues an activity as an employed
person and an activity as a self-employed person in different
Member States shall be subject to the legislation of the Member
State in which he/she pursues an activity as an employed person
or, if he/she pursues such an activity in two or more Member
to the legislation determined in accordance with
States,
paragraph 1.

If the legislation of any Member State makes admission to
4.
voluntary insurance or optional continued insurance conditional
upon residence in that Member State, the equal treatment of resi-
dence in another Member State as provided under Article 5(b)
shall apply only to persons who have been subject, at some ear-
lier stage, to the legislation of the first Member State on the basis
of an activity as an employed or self-employed person.

L 200/10

EN

Official Journal of the European Union

7.6.2004

Article 15

Article 18

Auxiliary staff of the European Communities

Stay in the competent Member State when residence
is in another Member State – Special rules for
the members of the families of frontier workers

Auxiliary staff of the European Communities may opt to be sub-
ject to the legislation of the Member State in which they are
employed, to the legislation of the Member State to which they
were last subject or to the legislation of the Member State whose
nationals they are, in respect of provisions other than those relat-
ing to family allowances, provided under the scheme applicable
to such staff. This right of option, which may be exercised once
only, shall take effect from the date of entry into employment.

Article 16

Exceptions to Articles 11 to 15

1.
Two or more Member States, the competent authorities of
these Member States or the bodies designated by these authorities
may by common agreement provide for exceptions to Articles 11
to 15 in the interest of certain persons or categories of persons.

2.
A person who receives a pension or pensions under the leg-
islation of one or more Member States and who resides in another
Member State may at his/her request be exempted from applica-
tion of the legislation of the latter State provided that he/she is not
subject to that legislation on account of pursuing an activity as an
employed or self-employed person.

1.
Unless otherwise provided for by paragraph 2, the insured
person and the members of his/her family referred to in Article 17
shall also be entitled to benefits in kind while staying in the com-
petent Member State. The benefits in kind shall be provided by the
competent institution and at its own expense, in accordance with
the provisions of the legislation it applies, as though the persons
concerned resided in that Member State.

2.
The members of the family of a frontier worker shall be
entitled to benefits in kind during their stay in the competent
Member State, unless this Member State is listed in Annex III. In
this event, the members of the family of a frontier worker shall be
entitled to benefits in kind in the competent Member State under
the conditions laid down in Article 19(1).

Article 19

Stay outside the competent Member State

TITLE III

SPECIAL PROVISIONS CONCERNING THE VARIOUS
CATEGORIES OF BENEFITS

CHAPTER 1

Sickness, maternity and equivalent paternity benefits

1.
Unless otherwise provided for by paragraph 2, an insured
person and the members of his/her family staying in a Member
State other than the competent Member State shall be entitled to
the benefits in kind which become necessary on medical grounds
during their stay, taking into account the nature of the benefits
and the expected length of the stay. These benefits shall be pro-
vided on behalf of the competent institution by the institution of
the place of stay, in accordance with the provisions of the legis-
lation it applies, as though the persons concerned were insured
under the said legislation.

S e c t i o n 1

I n s u r e d p e r s o n s a n d m e m b e r s o f t h e i r
f a m i l i e s , e x c e p t p e n s i o n e r s a n d m e m b e r s
o f t h e i r f a m i l i e s

The Administrative Commission shall establish a list of ben-
2.
efits in kind which, in order to be provided during a stay in
another Member State, require for practical reasons a prior agree-
ment between the person concerned and the institution provid-
ing the care.

Article 17

Residence in a Member State other than the competent
Member State

An insured person or members of his/her family who reside in a
Member State other than the competent Member State shall
receive in the Member State of residence benefits in kind pro-
vided, on behalf of the competent institution, by the institution of
the place of residence, in accordance with the provisions of the
legislation it applies, as though they were insured under the said
legislation.

Article 20

Travel with the purpose of receiving benefits in kind —
authorisation to receive appropriate treatment outside
the Member State of residence

1.
Unless otherwise provided for by this Regulation, an insured
person travelling to another Member State with the purpose of
receiving benefits in kind during the stay shall seek authorisation
from the competent institution.

7.6.2004

EN

Official Journal of the European Union

L 200/11

An insured person who is authorised by the competent
2.
institution to go to another Member State with the purpose of
receiving the treatment appropriate to his/her condition shall
receive the benefits in kind provided, on behalf of the competent
institution, by the institution of the place of stay, in accordance
with the provisions of the legislation it applies, as though he/she
were insured under the said legislation. The authorisation shall be
accorded where the treatment in question is among the benefits
provided for by the legislation in the Member State where the per-
son concerned resides and where he/she cannot be given such
treatment within a time limit which is medically justifiable, tak-
ing into account his/her current state of health and the probable
course of his/her illness.

Paragraphs 2 and 3 shall apply mutatis mutandis to cases
4.
where the legislation applied by the competent institution lays
down a specific reference period which corresponds in the case in
question either wholly or partly to the periods which the person
concerned has completed under the legislation of one or more
other Member States.

Article 22

Pension claimants

Paragraphs 1 and 2 shall apply mutatis mutandis to the mem-

3.
bers of the family of an insured person.

4.
If the members of the family of an insured person reside in
a Member State other than the Member State in which the insured
person resides, and this Member State has opted for reimburse-
ment on the basis of fixed amounts, the cost of the benefits in
kind referred to in paragraph 2 shall be borne by the institution
of the place of residence of the members of the family. In this
case, for the purposes of paragraph 1, the institution of the place
of residence of the members of the family shall be considered to
be the competent institution.

1.
An insured person who, on making a claim for a pension,
or during the investigation thereof, ceases to be entitled to ben-
efits in kind under the legislation of the Member State last com-
petent, shall remain entitled to benefits in kind under the legisla-
tion of the Member State in which he/she resides, provided that
the pension claimant satisfies the insurance conditions of the leg-
islation of the Member State referred to in paragraph 2. The right
to benefits in kind in the Member State of residence shall also
apply to the members of the family of the pension claimant.

2.
The benefits in kind shall be chargeable to the institution of
the Member State which, in the event of a pension being awarded,
would become competent under Articles 23 to 25.

Article 21

Cash benefits

S e c t i o n 2

P e n s i o n e r s a n d m e m b e r s o f t h e i r f a m i l i e s

1.
An insured person and members of his/her family residing
or staying in a Member State other than the competent Member
State shall be entitled to cash benefits provided by the competent
institution in accordance with the legislation it applies. By agree-
ment between the competent institution and the institution of the
place of residence or stay, such benefits may, however, be pro-
vided by the institution of the place of residence or stay at the
expense of the competent institution in accordance with the leg-
islation of the competent Member State.

2.
The competent institution of a Member State whose legis-
lation stipulates that the calculation of cash benefits shall be based
on average income or on an average contribution basis shall
determine such average income or average contribution basis
exclusively by reference to the incomes confirmed as having been
paid, or contribution bases applied, during the periods completed
under the said legislation.

3.
The competent institution of a Member State whose legis-
lation provides that the calculation of cash benefits shall be based
on standard income shall take into account exclusively the stan-
dard income or, where appropriate, the average of standard
incomes for the periods completed under the said legislation.

Article 23

Right to benefits in kind under the legislation of the
Member State of residence

A person who receives a pension or pensions under the legisla-
tion of two or more Member States, of which one is the Member
State of residence, and who is entitled to benefits in kind under
the legislation of that Member State, shall, with the members of
his/her family, receive such benefits in kind from and at the
expense of the institution of the place of residence, as though
he/she were a pensioner whose pension was payable solely under
the legislation of that Member State.

Article 24

No right to benefits in kind under the legislation of the
Member State of residence

A person who receives a pension or pensions under the leg-
1.
islation of one or more Member States and who is not entitled to

L 200/12

EN

Official Journal of the European Union

7.6.2004

benefits in kind under the legislation of the Member State of resi-
dence shall nevertheless receive such benefits for himself/herself
and the members of his/her family, in so far as he/she would be
entitled thereto under the legislation of the Member State or of at
least one of the Member States competent in respect of his/her
pensions, if he/she resided in that Member State. The benefits in
kind shall be provided at the expense of the institution referred to
in paragraph 2 by the institution of the place of residence, as
though the person concerned were entitled to a pension and ben-
efits in kind under the legislation of that Member State.

2.
In the cases covered by paragraph 1, the cost of benefits in
kind shall be borne by the institution as determined in accordance
with the following rules:

Article 26

Residence of members of the family in a Member State
other than the one in which the pensioner resides

Members of the family of a person receiving a pension or pen-
sions under the legislation of one or more Member States who
reside in a Member State other than the one in which the pen-
sioner resides shall be entitled to receive benefits in kind from the
institution of the place of their residence in accordance with the
provisions of the legislation it applies, in so far as the pensioner is
entitled to benefits in kind under the legislation of a Member
State. The costs shall be borne by the competent institution
responsible for the costs of the benefits in kind provided to the
pensioner in his/her Member State of residence.

(a) where the pensioner is entitled to benefits in kind under the
legislation of a single Member State, the cost shall be borne
by the competent institution of that Member State;

Article 27

Stay of the pensioner or the members of his/her family in
a Member State other than the Member State in which
they reside — stay in the competent Member State —
authorisation for appropriate treatment outside
the Member State of residence

(b) where the pensioner is entitled to benefits in kind under the
legislation of two or more Member States, the cost thereof
shall be borne by the competent institution of the Member
State to whose legislation the person has been subject for the
longest period of time; should the application of this rule
result in several institutions being responsible for the cost of
benefits, the cost shall be borne by the institution applying
the legislation to which the pensioner was last subject.

1.
Article 19 shall apply mutatis mutandis to a person receiving
a pension or pensions under the legislation of one or more Mem-
ber States and entitled to benefits in kind under the legislation of
one of the Member States which provide his/her pension(s) or to
the members of his/her family who are staying in a Member State
other than the one in which they reside.

Article 25

Pensions under the legislation of one or more Member
States other than the Member State of residence, where
there is a right to benefits in kind in the latter
Member State

2.
Article 18(1) shall apply mutatis mutandis to the persons
described in paragraph 1 when they stay in the Member State in
which is situated the competent institution responsible for the
cost of the benefits in kind provided to the pensioner in his/her
Member State of residence and the said Member State has opted
for this and is listed in Annex IV.

Where the person receiving a pension or pensions under the leg-
islation of one or more Member States resides in a Member State
under whose legislation the right to receive benefits in kind is not
subject to conditions of insurance, or of activity as an employed
or self-employed person, and no pension is received from that
Member State, the cost of benefits in kind provided to him/her
and to members of his/her family shall be borne by the institu-
tion of one of the Member States competent in respect of his/her
pensions determined in accordance with Article 24(2), to the
extent that the pensioner and the members of his/her family
would be entitled to such benefits if they resided in that Member
State.

3.
Article 20 shall apply mutatis mutandis to a pensioner and/or
the members of his/her family who are staying in a Member State
other than the one in which they reside with the purpose of
receiving there the treatment appropriate to their condition.

4.
Unless otherwise provided for by paragraph 5, the cost of
the benefits in kind referred to in paragraphs 1 to 3 shall be borne
by the competent institution responsible for the cost of benefits
in kind provided to the pensioner in his/her Member State of
residence.

7.6.2004

EN

Official Journal of the European Union

L 200/13

The cost of the benefits in kind referred to in paragraph 3
5.
shall be borne by the institution of the place of residence of the
pensioner or of the members of his/her family, if these persons
reside in a Member State which has opted for reimbursement on
the basis of fixed amounts. In these cases, for the purposes of
paragraph 3, the institution of the place of residence of the pen-
sioner or of the members of his/her family shall be considered to
be the competent institution.

Article 29

Cash benefits for pensioners

Cash benefits shall be paid to a person receiving a pension
1.
or pensions under the legislation of one or more Member States
by the competent institution of the Member State in which is situ-
ated the competent institution responsible for the cost of benefits
in kind provided to the pensioner in his/her Member State of resi-
dence. Article 21 shall apply mutatis mutandis.

Article 28

Special rules for retired frontier workers

Paragraph 1 shall also apply to the members of a pension-

2.
er’s family.

A frontier worker who retires is entitled in case of sickness
1.
to continue to receive benefits in kind in the Member State where
he/she last pursued his/her activity as an employed or self-
employed person, in so far as this is a continuation of treatment
which began in that Member State. The term ‘continuation of
treatment’ means the continued investigation, diagnosis and treat-
ment of an illness.

2.
A pensioner who, in the five years preceding the effective
date of an old-age or invalidity pension has been pursuing an
activity as an employed or self-employed person for at least
two years as a frontier worker shall be entitled to benefits in kind
in the Member State in which he/she pursued such an activity as
a frontier worker, if this Member State and the Member State in
which the competent institution responsible for the costs of the
benefits in kind provided to the pensioner in his/her Member
State of residence is situated have opted for this and are both
listed in Annex V.

3.
Paragraph 2 shall apply mutatis mutandis to the members of
the family of a former frontier worker or his/her survivors if, dur-
ing the periods referred to in paragraph 2, they were entitled to
benefits in kind under Article 18(2), even if the frontier worker
died before his/her pension commenced, provided he/she had
been pursuing an activity as an employed or self-employed per-
son as a frontier worker for at least two years in the five years pre-
ceding his/her death.

Paragraphs 2 and 3 shall be applicable until the person con-
4.
cerned becomes subject to the legislation of a Member State on
the basis of an activity as an employed or self-employed person.

Article 30

Contributions by pensioners

1.
The institution of a Member State which is responsible
under the legislation it applies for making deductions in respect
of contributions for sickness, maternity and equivalent paternity
benefits, may request and recover such deductions, calculated in
accordance with the legislation it applies, only to the extent that
the cost of the benefits pursuant to Articles 23 to 26 is to be
borne by an institution of the said Member State.

2. Where, in the cases referred to in Article 25, the acquisition
of sickness, maternity and equivalent paternity benefits is subject
to the payment of contributions or similar payments under the
legislation of a Member State in which the pensioner concerned
resides, these contributions shall not be payable by virtue of such
residence.

S e c t i o n 3

C o m m o n p r o v i s i o n s

Article 31

General provision

Articles 23 to 30 shall not apply to a pensioner or the members
of his/her family who are entitled to benefits under the legislation
of a Member State on the basis of an activity as an employed or
self-employed person. In such a case, the person concerned shall
be subject, for the purposes of this Chapter, to Articles 17 to 21.

Article 32

Prioritising of the right to benefits in kind — special rule
for the right of members of the family to benefits
in the Member State of residence

5.
The cost of the benefits in kind referred to in paragraphs 1
to 3 shall be borne by the competent institution responsible for
the cost of benefits in kind provided to the pensioner or to his/her
survivors in their respective Member States of residence.

1.
An independent right to benefits in kind based on the leg-
islation of a Member State or on this Chapter shall take priority
over a derivative right to benefits for members of a family.

L 200/14

EN

Official Journal of the European Union

7.6.2004

A derivative right to benefits in kind shall, however, take priority
over independent rights, where the independent right in the Mem-
ber State of residence exists directly and solely on the basis of the
residence of the person concerned in that Member State.

The Administrative Commission shall draw up the list of the

2.
cash benefits and benefits in kind covered by paragraph 1.

2. Where the members of the family of an insured person
reside in a Member State under whose legislation the right to ben-
efits in kind is not subject to conditions of insurance or activity
as an employed or self-employed person, benefits in kind shall be
provided at the expense of the competent institution in the Mem-
ber State in which they reside, if the spouse or the person caring
for the children of the insured person pursues an activity as an
employed or self-employed person in the said Member State or
receives a pension from that Member State on the basis of an
activity as an employed or self-employed person.

Article 33

Substantial benefits in kind

An insured person or a member of his/her family who has
1.
had a right to a prosthesis, a major appliance or other substantial
benefits in kind recognised by the institution of a Member State,
before he/she became insured under the legislation applied by the
institution of another Member State, shall receive such benefits at
the expense of the first institution, even if they are awarded after
the said person has already become insured under the legislation
applied by the second institution.

The Administrative Commission shall draw up the list of

2.
benefits covered by paragraph 1.

Article 34

Overlapping of long-term care benefits

1.
If a recipient of long-term care benefits in cash, which have
to be treated as sickness benefits and are therefore provided by the
Member State competent for cash benefits under Articles 21
or 29, is, at the same time and under this Chapter, entitled to
claim benefits in kind intended for the same purpose from the
institution of the place of residence or stay in another Member
State, and an institution in the first Member State is also required
to reimburse the cost of these benefits in kind under Article 35,
the general provision on prevention of overlapping of benefits
laid down in Article 10 shall be applicable, with the following
restriction only: if the person concerned claims and receives the
benefit in kind, the amount of the benefit in cash shall be reduced
by the amount of the benefit in kind which is or could be claimed
from the institution of the first Member State required to reim-
burse the cost.

Two or more Member States, or their competent authori-
3.
ties, may agree on other or supplementary measures which shall
not be less advantageous for the persons concerned than the prin-
ciples laid down in paragraph 1.

Article 35

Reimbursements between institutions

The benefits in kind provided by the institution of a Mem-
1.
ber State on behalf of the institution of another Member State
under this Chapter shall give rise to full reimbursement.

2.
The reimbursements referred to in paragraph 1 shall be
determined and effected in accordance with the arrangements set
out in the Implementing Regulation, either on production of
proof of actual expenditure, or on the basis of fixed amounts for
Member States the legal or administrative structures of which are
such that the use of reimbursement on the basis of actual expen-
diture is not appropriate.

3.
Two or more Member States, and their competent authori-
ties, may provide for other methods of reimbursement or waive
all reimbursement between the institutions coming under their
jurisdiction.

CHAPTER 2

Benefits in respect of accidents at work and occupational
diseases

Article 36

Right to benefits in kind and in cash

1. Without prejudice to any more favourable provisions in
paragraph 2 of this Article, Articles 17, 18(1), 19(1) and 20(1)
shall also apply to benefits relating to accidents at work or occu-
pational diseases.

2.
A person who has sustained an accident at work or has con-
tracted an occupational disease and who resides or stays in a
Member State other than the competent Member State shall be
entitled to the special benefits in kind of the scheme covering acci-
dents at work and occupational diseases provided, on behalf of

7.6.2004

EN

Official Journal of the European Union

L 200/15

the competent institution, by the institution of the place of resi-
dence or stay in accordance with the legislation which it applies,
as though he/she were insured under the said legislation.

cause or aggravate the disease in question, the competent
institution of the first Member State shall bear the cost of the
benefits under the provisions of the legislation which it
applies, taking into account the aggravation;

Article 21 shall also apply to benefits falling within this

3.
Chapter.

Article 37

Costs of transport

1.
The competent institution of a Member State whose legis-
lation provides for meeting the costs of transporting a person
who has sustained an accident at work or is suffering from an
occupational disease, either to his/her place of residence or to a
hospital, shall meet such costs to the corresponding place in
another Member State where the person resides, provided that
that institution gives prior authorisation for such transport, duly
taking into account the reasons justifying it. Such authorisation
shall not be required in the case of a frontier worker.

2.
The competent institution of a Member State whose legis-
lation provides for meeting the costs of transporting the body of
a person killed in an accident at work to the place of burial shall,
in accordance with the legislation it applies, meet such costs to
the corresponding place in another Member State where the per-
son was residing at the time of the accident.

(b)

if the person concerned, while in receipt of benefits, has pur-
sued such an activity under the legislation of another Mem-
ber State, the competent institution of the first Member State
shall bear the cost of the benefits under the legislation it
applies without taking the aggravation into account. The
competent institution of the second Member State shall grant
a supplement to the person concerned, the amount of which
shall be equal to the difference between the amount of ben-
efits due after the aggravation and the amount which would
have been due prior to the aggravation under the legislation
it applies, if the disease in question had occurred under the
legislation of that Member State;

(c)

the rules concerning reduction, suspension or withdrawal
laid down by the legislation of a Member State shall not be
invoked against persons receiving benefits provided by insti-
tutions of
in accordance with
subparagraph (b).

two Member States

Article 38

Article 40

Benefits for an occupational disease where the person
suffering from such a disease has been exposed
to the same risk in several Member States

Rules for taking into account the special features
of certain legislation

When a person who has contracted an occupational disease has,
under the legislation of two or more Member States, pursued an
activity which by its nature is likely to cause the said disease, the
benefits that he/she or his/her survivors may claim shall be pro-
vided exclusively under the legislation of the last of those States
whose conditions are satisfied.

Article 39

Aggravation of an occupational disease

1.
If there is no insurance against accidents at work or occu-
pational diseases in the Member State in which the person con-
cerned resides or stays, or if such insurance exists but there is no
institution responsible for providing benefits in kind, those ben-
efits shall be provided by the institution of the place of residence
or stay responsible for providing benefits in kind in the event of
sickness.

In the event of aggravation of an occupational disease for which
a person suffering from such a disease has received or is receiving
benefits under the legislation of a Member State, the following
rules shall apply:

(a)

if the person concerned, while in receipt of benefits, has not
pursued, under the legislation of another Member State, an
activity as an employed or self-employed person likely to

2.
If there is no insurance against accidents at work or occu-
pational diseases in the competent Member State, the provisions
of this Chapter concerning benefits in kind shall nevertheless be
applied to a person who is entitled to those benefits in the event
of sickness, maternity or equivalent paternity under the legisla-
tion of that Member State if that person sustains an accident at
work or suffers from an occupational disease during a residence
or stay in another Member State. Costs shall be borne by the insti-
tution which is competent for the benefits in kind under the leg-
islation of the competent Member State.

L 200/16

EN

Official Journal of the European Union

7.6.2004

Article 5 shall apply to the competent institution in a Mem-
3.
ber State as regards the equivalence of accidents at work and
occupational diseases which either have occurred or have been
confirmed subsequently under the legislation of another Member
State when assessing the degree of incapacity, the right to ben-
efits or the amount thereof, on condition that:

(a) no compensation is due in respect of an accident at work or
an occupational disease which had occurred or had been
confirmed previously under the legislation it applies;

and

(b) no compensation is due in respect of an accident at work or
an occupational disease which had occurred or had been
confirmed subsequently, under the legislation of the other
Member State under which the accident at work or the occu-
pational disease had occurred or been confirmed.

Paragraphs 1 and 2 shall also apply when the death is the

3.
result of an accident at work or an occupational disease.

Article 43

Provision of benefits in the event of the death
of a pensioner

1.
In the event of the death of a pensioner who was entitled to
a pension under the legislation of one Member State, or to pen-
sions under the legislations of two or more Member States, when
that pensioner was residing in a Member State other than that of
the institution responsible for the cost of benefits in kind pro-
vided under Articles 24 and 25, the death grants payable under
the legislation administered by that institution shall be provided
at its own expense as though the pensioner had been residing at
the time of his/her death in the Member State in which that insti-
tution is situated.

Article 41

Reimbursements between institutions

Paragraph 1 shall apply mutatis mutandis to the members of

2.
the family of a pensioner.

1.
Article 35 shall also apply to benefits falling within this
Chapter, and reimbursement shall be made on the basis of actual
costs.

CHAPTER 4

Invalidity benefits

2.
Two or more Member States, or their competent authori-
ties, may provide for other methods of reimbursement or waive
all
their
jurisdiction.

reimbursement between the

institutions under

CHAPTER 3

Death grants

Article 42

Article 44

Persons subject only to type A legislation

1.
For the purposes of this Chapter, ‘type A legislation’ means
any legislation under which the amount of invalidity benefits is
independent of the duration of the periods of insurance or resi-
dence and which is expressly included by the competent Member
State in Annex VI, and ‘type B legislation’ means any other
legislation.

Right to grants where death occurs in, or where
the person entitled resides in, a Member State other than
the competent Member State

1. When an insured person or a member of his/her family dies
in a Member State other than the competent Member State, the
death shall be deemed to have occurred in the competent Mem-
ber State.

2.
A person who has been successively or alternately subject to
the legislation of two or more Member States and who has com-
pleted periods of insurance or residence exclusively under type A
legislations shall be entitled to benefits only from the institution
of the Member State whose legislation was applicable at the time
when the incapacity for work followed by invalidity occurred, tak-
ing into account, where appropriate, Article 45, and shall receive
such benefits in accordance with that legislation.

2.
The competent institution shall be obliged to provide death
grants payable under the legislation it applies, even if the person
entitled resides in a Member State other than the competent Mem-
ber State.

3.
A person who is not entitled to benefits under paragraph 2
shall receive the benefits to which he/she is still entitled under the
legislation of another Member State, taking into account, where
appropriate, Article 45.

7.6.2004

EN

Official Journal of the European Union

L 200/17

If the legislation referred to in paragraph 2 or 3 contains
4.
rules for the reduction, suspension or withdrawal of invalidity
benefits in the case of overlapping with other income or with ben-
efits of a different kind within the meaning of Article 53(2),
Articles 53(3) and 55(3) shall apply mutatis mutandis.

Article 47

Aggravation of invalidity

Article 45

Special provisions on aggregation of periods

The competent institution of a Member State whose legislation
makes the acquisition, retention or recovery of the right to ben-
efits conditional upon the completion of periods of insurance or
residence shall, where necessary, apply Article 51(1) mutatis
mutandis.

Article 46

Persons subject either only to type B legislation
or to type A and B legislation

1.
A person who has been successively or alternately subject to
the legislation of two or more Member States, of which at least
one is not a type A legislation, shall be entitled to benefits under
Chapter 5, which shall apply mutatis mutandis taking into account
paragraph 3.

1.
In the case of aggravation of an invalidity for which a per-
son is receiving benefits under the legislation of one or more
Member States, the following provisions shall apply, taking the
aggravation into account:

(a)

the benefits shall be provided in accordance with Chapter 5,
applied mutatis mutandis;

(b) however, where the person concerned has been subject to
two or more type A legislations and since receiving benefit
has not been subject to the legislation of another Member
State, the benefit shall be provided in accordance with
Article 44(2).

2.
If the total amount of the benefit or benefits payable under
paragraph 1 is lower than the amount of the benefit which the
person concerned was receiving at the expense of the institution
previously competent for payment, that institution shall pay
him/her a supplement equal to the difference between the
two amounts.

However, if the person concerned has been previously sub-
2.
ject to a type B legislation and suffers incapacity for work leading
to invalidity while subject to a type A legislation, he/she shall
receive benefits in accordance with Article 44, provided that:

3.
If the person concerned is not entitled to benefits at the
expense of an institution of another Member State, the compe-
tent institution of the Member State previously competent shall
provide the benefits in accordance with the legislation it applies,
taking into account the aggravation and, where appropriate,
Article 45.

— he/she satisfies the conditions of that legislation exclusively
or of others of the same type, taking into account, where
appropriate, Article 45, but without having recourse to peri-
ods of insurance or residence completed under a type B
legislation,

Article 48

Conversion of invalidity benefits into old-age benefits

and

Invalidity benefits shall be converted into old-age benefits,
1.
where appropriate, under the conditions laid down by the legis-
lation or legislations under which they are provided and in accor-
dance with Chapter 5.

— he/she does not assert any claims to old-age benefits, taking

into account Article 50(1).

3.
A decision taken by an institution of a Member State con-
cerning the degree of invalidity of a claimant shall be binding on
the institution of any other Member State concerned, provided
that the concordance between the legislation of these Member
States on conditions relating to the degree of invalidity is acknowl-
edged in Annex VII.

2. Where a person receiving invalidity benefits can establish a
claim to old-age benefits under the legislation of one or more
other Member States, in accordance with Article 50, any institu-
tion which is responsible for providing invalidity benefits under
the legislation of a Member State shall continue to provide such a
person with the invalidity benefits to which he/she is entitled
under the legislation it applies until paragraph 1 becomes appli-
cable in respect of that institution, or otherwise for as long as the
person concerned satisfies the conditions for such benefits.

L 200/18

EN

Official Journal of the European Union

7.6.2004

3. Where invalidity benefits provided under the legislation of
a Member State, in accordance with Article 44, are converted into
old-age benefits and where the person concerned does not yet sat-
isfy the conditions laid down by the legislation of one or more of
the other Member States for receiving those benefits, the person
concerned shall receive, from that or those Member States, inval-
idity benefits from the date of the conversion.

Those invalidity benefits shall be provided in accordance with
Chapter 5 as if that Chapter had been applicable at the time when
the incapacity for work leading to invalidity occurred, until the
person concerned satisfies the qualifying conditions for old-age
benefit laid down by the national legislations concerned or, where
such conversion is not provided for, for as long as he/she is
entitled to invalidity benefits under the latter legislation or
legislations.

4.
The invalidity benefits provided under Article 44 shall be
recalculated in accordance with Chapter 5 as soon as the benefi-
ciary satisfies the qualifying conditions for invalidity benefits laid
down by a type B legislation, or as soon as he/she receives old-
age benefits under the legislation of another Member State.

Article 49

Special provisions for civil servants

Articles 6, 44, 46, 47 and 48 and Article 60(2) and (3) shall apply
mutatis mutandis to persons covered by a special scheme for civil
servants.

CHAPTER 5

Old-age and survivors’ pensions

Article 50

General provisions

1.
All the competent institutions shall determine entitlement
to benefit, under all the legislations of the Member States to which
the person concerned has been subject, when a request for award
has been submitted, unless the person concerned expressly
requests deferment of the award of old-age benefits under the leg-
islation of one or more Member States.

2.
If at a given moment the person concerned does not satisfy,
or no longer satisfies, the conditions laid down by all the legisla-
tions of the Member States to which he/she has been subject, the
institutions applying legislation the conditions of which have
been satisfied shall not take into account, when performing the
calculation in accordance with Article 52(1) (a) or (b), the periods
completed under the legislations the conditions of which have not
been satisfied, or are no longer satisfied, where this gives rise to a
lower amount of benefit.

Paragraph 2 shall apply mutatis mutandis when the person
3.
concerned has expressly requested deferment of the award of old-
age benefits.

4.
A new calculation shall be performed automatically as and
when the conditions to be fulfilled under the other legislations are
satisfied or when a person requests the award of an old-age ben-
efit deferred in accordance with paragraph 1, unless the periods
completed under the other legislations have already been taken
into account by virtue of paragraph 2 or 3.

Article 51

Special provisions on aggregation of periods

1. Where the legislation of a Member State makes the grant-
ing of certain benefits conditional upon the periods of insurance
having been completed only in a specific activity as an employed
or self-employed person or in an occupation which is subject to a
special scheme for employed or self-employed persons, the com-
petent institution of that Member State shall take into account
periods completed under the legislation of other Member States
only if completed under a corresponding scheme or, failing that,
in the same occupation, or where appropriate, in the same activ-
ity as an employed or self-employed person.

If, account having been taken of the periods thus completed, the
person concerned does not satisfy the conditions for receipt of the
benefits of a special scheme, these periods shall be taken into
account for the purposes of providing the benefits of the general
scheme or, failing that, of the scheme applicable to manual or
clerical workers, as the case may be, provided that the person con-
cerned had been affiliated to one or other of those schemes.

2.
The periods of insurance completed under a special scheme
of a Member State shall be taken into account for the purposes of
providing the benefits of the general scheme or, failing that, of the
scheme applicable to manual or clerical workers, as the case may
be, of another Member State, provided that the person concerned
had been affiliated to one or other of those schemes, even if those
periods have already been taken into account in the latter Mem-
ber State under a special scheme.

3. Where the legislation of a Member State makes the acquisi-
tion, retention or recovery of the right to benefits conditional
upon the person concerned being insured at the time of the mate-
rialisation of the risk, this condition shall be regarded as having
been satisfied in the case of insurance under the legislation of
another Member State, in accordance with the procedures pro-
vided for in Annex XI for each Member State concerned.

7.6.2004

EN

Official Journal of the European Union

L 200/19

Article 52

Award of benefits

Article 53

Rules to prevent overlapping

The competent institution shall calculate the amount of the

1.
benefit that would be due:

(a) under the legislation it applies, only where the conditions for
entitlement to benefits have been satisfied exclusively under
national law (independent benefit);

1.
Any overlapping of invalidity, old age and survivors’ ben-
efits calculated or provided on the basis of periods of insurance
and/or residence completed by the same person shall be consid-
ered to be overlapping of benefits of the same kind.

(b) by calculating a theoretical amount and subsequently an

actual amount (pro rata benefit), as follows:

2.
Overlapping of benefits which cannot be considered to be
of the same kind within the meaning of paragraph 1 shall be con-
sidered to be overlapping of benefits of a different kind.

(i)

(ii)

the theoretical amount of the benefit is equal to the ben-
efit which the person concerned could claim if all the
periods of insurance and/or of residence which have
been completed under the legislations of the other Mem-
ber States had been completed under the legislation it
applies on the date of the award of the benefit. If, under
this legislation, the amount does not depend on the
duration of the periods completed, that amount shall be
regarded as being the theoretical amount;

the competent institution shall then establish the actual
amount of the pro rata benefit by applying to the theo-
retical amount the ratio between the duration of the
periods completed before materialisation of the risk
under the legislation it applies and the total duration of
the periods completed before materialisation of the risk
under
the Member States
concerned.

the legislations of all

2. Where appropriate, the competent institution shall apply, to
the amount calculated in accordance with subparagraphs 1(a) and
(b), all the rules relating to reduction, suspension or withdrawal,
under the legislation it applies, within the limits provided for by
Articles 53 to 55.

The following provisions shall be applicable for the pur-
3.
poses of rules to prevent overlapping laid down by the legislation
of a Member State in the case of overlapping of a benefit in respect
of invalidity, old age or survivors with a benefit of the same kind
or a benefit of a different kind or with other income:

(a)

the competent institution shall take into account the benefits
or incomes acquired in another Member State only where the
legislation it applies provides for benefits or income acquired
abroad to be taken into account;

(b)

the competent institution shall take into account the amount
of benefits to be paid by another Member State before deduc-
tion of tax, social security contributions and other individual
levies or deductions, unless the legislation it applies provides
for the application of rules to prevent overlapping after such
deductions, under the conditions and the procedures laid
down in the Implementing Regulation;

3.
The person concerned shall be entitled to receive from
the competent institution of each Member State the higher of
the amounts calculated in accordance with subparagraphs 1(a)
and (b).

(c)

the competent institution shall not take into account the
amount of benefits acquired under the legislation of another
Member State on the basis of voluntary insurance or contin-
ued optional insurance;

4. Where the calculation pursuant to subparagraph 1(a) in one
Member State invariably results in the independent benefit being
equal to or higher than the pro rata benefit, calculated in accor-
dance with subparagraph 1(b), the competent institution may
waive the pro rata calculation, under the conditions provided for
in the Implementing Regulation. Such situations are set out in
Annex VIII.

(d)

if a single Member State applies rules to prevent overlapping
because the person concerned receives benefits of the same
or of a different kind under the legislation of other Member
States or income acquired in other Member States, the ben-
efit due may be reduced solely by the amount of such ben-
efits or such income.

L 200/20

EN

Official Journal of the European Union

7.6.2004

Article 54

Overlapping of benefits of the same kind

however, the application of this subparagraph cannot deprive
the person concerned of his/her status as a pensioner for the
purposes of the other chapters of this Title under the condi-
tions and the procedures laid down in the Implementing
Regulation;

1. Where benefits of the same kind due under the legislation
of two or more Member States overlap, the rules to prevent over-
lapping laid down by the legislation of a Member State shall not
be applicable to a pro rata benefit.

The rules to prevent overlapping shall apply to an indepen-

2.
dent benefit only if the benefit concerned is:

(a) a benefit the amount of which does not depend on the dura-

tion of periods of insurance or residence,

or

(b) one or more pro rata benefits, the competent institutions
shall take into account the benefit or benefits or other income
and all the elements stipulated for applying the rules to pre-
vent overlapping as a function of the ratio between the peri-
ods of insurance and/or residence established for the calcu-
lation referred to in Article 52(1)(b)(ii);

(c) one or more independent benefits and one or more pro-rata
benefits, the competent institutions shall apply mutatis mutan-
dis subparagraph (a) as regards independent benefits and sub-
paragraph (b) as regards pro rata benefits.

(b) a benefit the amount of which is determined on the basis of
a credited period deemed to have been completed between
the date on which the risk materialised and a later date, over-
lapping with:

2.
The competent institution shall not apply the division stipu-
lated in respect of independent benefits, if the legislation it applies
provides for account to be taken of benefits of a different kind
and/or other income and all other elements for calculating part of
their amount determined as a function of the ratio between peri-
ods of insurance and/or residence referred to in Article 52(1)(b)(ii).

(i)

a benefit of the same type, except where an agreement
has been concluded between two or more Member States
to avoid the same credited period being taken into
account more than once,

or

(ii) a benefit referred to in subparagraph (a).

The benefits and agreements referred to in subparagraphs (a) and
(b) are listed in Annex IX.

Article 55

Overlapping of benefits of a different kind

3.
Paragraphs 1 and 2 shall apply mutatis mutandis where the
legislation of one or more Member States provides that a right to
a benefit cannot be acquired in the case where the person con-
cerned is in receipt of a benefit of a different kind, payable under
the legislation of another Member State, or of other income.

Article 56

Additional provisions for the calculation of benefits

For the calculation of the theoretical and pro rata amounts

1.
referred to in Article 52(1)(b), the following rules shall apply:

If the receipt of benefits of a different kind or other income
1.
requires the application of the rules to prevent overlapping pro-
vided for by the legislation of the Member States concerned
regarding:

(a)

two or more independent benefits, the competent institutions
shall divide the amounts of the benefit or benefits or other
income, as they have been taken into account, by the num-
ber of benefits subject to the said rules;

(a) where the total length of the periods of insurance and/or resi-
dence completed before the risk materialised under the leg-
islations of all the Member States concerned is longer than
the maximum period required by the legislation of one of
these Member States for receipt of full benefit, the competent
institution of that Member State shall take into account this
maximum period instead of the total length of the periods
completed; this method of calculation shall not result in the
imposition on that institution of the cost of a benefit greater
than the full benefit provided for by the legislation it applies.
This provision shall not apply to benefits the amount of
which does not depend on the length of insurance;

7.6.2004

EN

Official Journal of the European Union

L 200/21

(b)

the procedure for taking into account overlapping periods is
laid down in the Implementing Regulation;

The competent institution of each of the Member States
2.
concerned shall take into account the periods referred to in para-
graph 1, for the purposes of Article 52(1)(b)(i).

(c)

if the legislation of a Member State provides that the benefits
are to be calculated on the basis of incomes, contributions,
bases of contributions, increases, earnings, other amounts or
a combination of more than one of them (average, propor-
tional, fixed or credited), the competent institution shall:

(i)

determine the basis for calculation of the benefits in
accordance only with periods of insurance completed
under the legislation it applies;

(ii) use, in order to determine the amount to be calculated
in accordance with the periods of insurance and/or resi-
dence completed under the legislation of the other Mem-
ber States, the same elements determined or recorded for
the periods of insurance completed under the legislation
it applies;

in accordance with the procedures laid down in Annex XI for
the Member State concerned.

2.
The provisions of the legislation of a Member State concern-
ing the revalorisation of the elements taken into account for the
calculation of benefits shall apply, as appropriate, to the elements
to be taken into account by the competent institution of that
Member State, in accordance with paragraph 1, in respect of the
periods of insurance or residence completed under the legislation
of other Member States.

Article 57

Periods of insurance or residence of less than one year

1.
Notwithstanding Article 52(1)(b), the institution of a Mem-
ber State shall not be required to provide benefits in respect of
periods completed under the legislation it applies which are taken
into account when the risk materialises, if:

— the duration of the said periods is less than one year,

and

3.
If the effect of applying paragraph 1 would be to relieve all
the institutions of the Member States concerned of their obliga-
tions, benefits shall be provided exclusively under the legislation
of the last of those Member States whose conditions are satisfied,
as if all the periods of insurance and residence completed and
taken into account in accordance with Articles 6 and 51(1) and
(2) had been completed under the legislation of that Member
State.

Article 58

Award of a supplement

1.
A recipient of benefits to whom this chapter applies may
not, in the Member State of residence and under whose legisla-
tion a benefit is payable to him/her, be provided with a benefit
which is less than the minimum benefit fixed by that legislation
for a period of insurance or residence equal to all the periods
taken into account for the payment in accordance with this
chapter.

2.
The competent institution of that Member State shall pay
him/her throughout the period of his/her residence in its territory
a supplement equal to the difference between the total of the ben-
efits due under this chapter and the amount of the minimum
benefit.

Article 59

Recalculation and revaluation of benefits

If the method for determining benefits or the rules for cal-
1.
culating benefits are altered under the legislation of a Member
State, or if the personal situation of the person concerned under-
goes a relevant change which, under that legislation, would lead
to an adjustment of the amount of the benefit, a recalculation
shall be carried out in accordance with Article 52.

— taking only these periods into account no right to benefit is

acquired under that legislation.

For the purposes of this Article, ‘periods’ shall mean all periods of
insurance, employment, self-employment or residence which
either qualify for, or directly increase, the benefit concerned.

On the other hand, if, by reason of an increase in the cost
2.
of living or changes in the level of income or other grounds for
adjustment, the benefits of the Member State concerned are
altered by a percentage or fixed amount, such percentage or fixed
amount shall be applied directly to the benefits determined in
accordance with Article 52, without the need for a recalculation.

L 200/22

EN

Official Journal of the European Union

7.6.2004

Article 60

Special provisions for civil servants

Articles 6, 50, 51(3) and 52 to 59 shall apply mutatis mutan-

1.
dis to persons covered by a special scheme for civil servants.

2.
However, if the legislation of a competent Member State
makes the acquisition, liquidation, retention or recovery of the
right to benefits under a special scheme for civil servants subject
to the condition that all periods of insurance be completed under
one or more special schemes for civil servants in that Member
State, or be regarded by the legislation of that Member State as
equivalent to such periods, the competent institution of that State
shall take into account only the periods which can be recognised
under the legislation it applies.

However, when the applicable legislation makes the right to ben-
efits conditional on the completion of periods of insurance, the
periods of employment or self-employment completed under the
legislation of another Member State shall not be taken into
account unless such periods would have been considered to be
periods of insurance had they been completed in accordance with
the applicable legislation.

Except in the cases referred to in Article 65(5)(a), the appli-
2.
cation of paragraph 1 of this Article shall be conditional on the
person concerned having the most recently completed, in accor-
dance with the legislation under which the benefits are claimed:

— periods of insurance, if that legislation requires periods of

insurance,

— periods of employment, if that legislation requires periods of

If, account having been taken of the periods thus completed, the
person concerned does not satisfy the conditions for the receipt
of these benefits, these periods shall be taken into account for the
award of benefits under the general scheme or, failing that,
the scheme applicable to manual or clerical workers, as the case
may be.

employment,

or

— periods of self-employment, if that legislation requires peri-

ods of self-employment.

3. Where, under the legislation of a Member State, benefits
under a special scheme for civil servants are calculated on the
basis of the last salary or salaries received during a reference
period, the competent institution of that State shall take into
account, for the purposes of the calculation, only those salaries,
duly revalued, which were received during the period or periods
for which the person concerned was subject to that legislation.

Article 62

Calculation of benefits

CHAPTER 6

Unemployment benefits

Article 61

Special rules on aggregation of periods of insurance,
employment or self-employment

1.
The competent institution of a Member State whose legis-
lation provides for the calculation of benefits on the basis of the
amount of the previous salary or professional income shall take
into account exclusively the salary or professional
income
received by the person concerned in respect of his/her last activ-
ity as an employed or self-employed person under the said
legislation.

Paragraph 1 shall also apply where the legislation adminis-
2.
tered by the competent institution provides for a specific refer-
ence period for the determination of the salary which serves as a
basis for the calculation of benefits and where, for all or part of
that period, the person concerned was subject to the legislation of
another Member State.

1.
The competent institution of a Member State whose legis-
lation makes the acquisition, retention, recovery or duration of
the right to benefits conditional upon the completion of either
periods of insurance, employment or self-employment shall, to
the extent necessary, take into account periods of insurance,
employment or self-employment completed under the legislation
of any other Member State as though they were completed under
the legislation it applies.

By way of derogation from paragraphs 1 and 2, as far as the
3.
frontier workers covered by Article 65(5)(a) are concerned, the
institution of the place of residence shall take into account the sal-
ary or professional income received by the person concerned in
the Member State to whose legislation he/she was subject during
his/her last activity as an employed or self-employed person, in
accordance with the Implementing Regulation.

7.6.2004

EN

Official Journal of the European Union

L 200/23

Article 63

Special provisions for the waiving of residence rules

For the purposes of this Chapter, Article 7 shall apply only in the
cases provided for by Articles 64 and 65 and within the limits
prescribed therein.

Article 64

Unemployed persons going to another Member State

A wholly unemployed person who satisfies the conditions
1.
of the legislation of the competent Member State for entitlement
to benefits, and who goes to another Member State in order to
seek work there, shall retain his/her entitlement to unemployment
benefits in cash under the following conditions and within the fol-
lowing limits:

(a) before his/her departure, the unemployed person must have
been registered as a person seeking work and have remained
available to the employment services of the competent Mem-
ber State for at least four weeks after becoming unemployed.
However, the competent services or institutions may autho-
rise his/her departure before such time has expired;

If the person concerned returns to the competent Member
2.
State on or before the expiry of the period during which he/she is
entitled to benefits under paragraph 1(c), he/she shall continue to
be entitled to benefits under the legislation of that Member State.
He/she shall lose all entitlement to benefits under the legislation
of the competent Member State if he/she does not return there on
or before the expiry of the said period, unless the provisions of
that legislation are more favourable. In exceptional cases the com-
petent services or institutions may allow the person concerned to
return at a later date without loss of his/her entitlement.

3.
Unless the legislation of the competent Member State is
more favourable, between two periods of employment the maxi-
mum total period for which entitlement to benefits shall be
retained under paragraph 1 shall be three months; the competent
services or institutions may extend that period up to a maximum
of six months.

4.
The arrangements for exchanges of information, coopera-
tion and mutual assistance between the institutions and services
of the competent Member State and the Member State to which
the person goes in order to seek work shall be laid down in the
Implementing Regulation.

Article 65

Unemployed persons who resided in a Member State
other than the competent State

(b)

(c)

the unemployed person must register as a person seeking
work with the employment services of the Member State to
which he/she has gone, be subject to the control procedure
organised there and adhere to the conditions laid down under
the legislation of that Member State. This condition shall be
considered satisfied for the period before registration if the
person concerned registers within seven days of the date on
which he/she ceased to be available to the employment ser-
vices of the Member State which he/she left. In exceptional
cases, the competent services or institutions may extend this
period;

1.
A person who is partially or intermittently unemployed and
who, during his/her last activity as an employed or self-employed
person, resided in a Member State other than the competent
Member State shall make himself/herself available to his/her
employer or to the employment services in the competent Mem-
ber State. He/she shall receive benefits in accordance with the leg-
islation of the competent Member State as if he/she were residing
in that Member State. These benefits shall be provided by the
institution of the competent Member State.

entitlement to benefits shall be retained for a period of three
months from the date when the unemployed person ceased
to be available to the employment services of the Member
State which he/she left, provided that the total duration for
which the benefits are provided does not exceed the total
duration of the period of his/her entitlement to benefits under
the legislation of that Member State; the competent services
or institutions may extend the period of three months up to
a maximum of six months;

2.
A wholly unemployed person who, during his/her last activ-
ity as an employed or self-employed person, resided in a Member
State other than the competent Member State and who continues
to reside in that Member State or returns to that Member State
shall make himself/herself available to the employment services in
the Member State of residence. Without prejudice to Article 64, a
wholly unemployed person may, as a supplementary step, make
himself/herself available to the employment services of the Mem-
ber State in which he/she pursued his/her last activity as an
employed or self-employed person.

(d)

the benefits shall be provided by the competent institution in
accordance with the legislation it applies and at its own
expense.

An unemployed person, other than a frontier worker, who does
not return to his/her Member State of residence, shall make
himself/herself available to the employment services in the Mem-
ber State to whose legislation he/she was last subject.

L 200/24

EN

Official Journal of the European Union

7.6.2004

The unemployed person referred to in the first sentence of
3.
paragraph 2 shall register as a person seeking work with the com-
petent employment services of the Member State in which he/she
resides, shall be subject to the control procedure organised there
and shall adhere to the conditions laid down under the legislation
of that Member State. If he/she chooses also to register as a per-
son seeking work in the Member State in which he/she pursued
his/her last activity as an employed or self-employed person,
he/she shall comply with the obligations applicable in that State.

Member State to whose legislation he/she was last subject, where
such periods would qualify for the purposes of establishing
entitlement to unemployment benefits.

8.
For the purposes of paragraphs 6 and 7, two or more Mem-
ber States, or their competent authorities, may provide for other
methods of reimbursement or waive all reimbursement between
the institutions falling under their jurisdiction.

4.
The implementation of the second sentence of paragraph 2
and of the second sentence of paragraph 3, as well as the arrange-
ments for exchanges of information, cooperation and mutual
assistance between the institutions and services of the Member
State of residence and the Member State in which he/she pursued
his/her last occupation, shall be laid down in the Implementing
Regulation.

5.

(a) The unemployed person referred to in the first and sec-
ond sentences of paragraph 2 shall receive benefits in
accordance with the legislation of the Member State of
residence as if he/she had been subject to that legisla-
tion during his/her last activity as an employed or self-
employed person. Those benefits shall be provided by
the institution of the place of residence.

(b) However, a worker other than a frontier worker who
has been provided benefits at the expense of the com-
petent institution of the Member State to whose legis-
lation he/she was last subject shall firstly receive, on
his/her return to the Member State of residence, benefits
in accordance with Article 64, receipt of the benefits in
accordance with (a) being suspended for the period dur-
ing which he/she receives benefits under the legislation
to which he/she was last subject.

6.
The benefits provided by the institution of the place of resi-
dence under paragraph 5 shall continue to be at its own expense.
However, subject to paragraph 7, the competent institution of the
Member State to whose legislation he/she was last subject shall
reimburse to the institution of the place of residence the full
amount of the benefits provided by the latter institution during
the first three months. The amount of the reimbursement during
this period may not be higher than the amount payable, in the
case of unemployment, under the legislation of the competent
Member State. In the case referred to in paragraph 5(b), the period
during which benefits are provided under Article 64 shall be
deducted from the period referred to in the second sentence of
this paragraph. The arrangements for reimbursement shall be laid
down in the Implementing Regulation.

CHAPTER 7

Pre-retirement benefits

Article 66

Benefits

When the applicable legislation makes the right to pre-retirement
benefits conditional on the completion of periods of insurance, of
employment or of self-employment, Article 6 shall not apply.

CHAPTER 8

Family benefits

Article 67

Members of the family residing in another Member State

A person shall be entitled to family benefits in accordance with
the legislation of the competent Member State, including for
his/her family members residing in another Member State, as if
they were residing in the former Member State. However, a pen-
sioner shall be entitled to family benefits in accordance with the
legislation of the Member State competent for his/her pension.

Article 68

Priority rules in the event of overlapping

1. Where, during the same period and for the same family
members, benefits are provided for under the legislation of more
than one Member State the following priority rules shall apply:

7.
However, the period of reimbursement referred to in para-
graph 6 shall be extended to five months when the person con-
cerned has, during the preceding 24 months, completed periods
of employment or self-employment of at least 12 months in the

(a)

in the case of benefits payable by more than one Member
State on different bases, the order of priority shall be as fol-
lows: firstly, rights available on the basis of an activity as an
employed or self-employed person, secondly, rights available
on the basis of receipt of a pension and finally, rights obtained
on the basis of residence;

7.6.2004

EN

Official Journal of the European Union

L 200/25

(b)

in the case of benefits payable by more than one Member
State on the same basis, the order of priority shall be estab-
lished by referring to the following subsidiary criteria:

Article 69

Additional provisions

(i)

in the case of rights available on the basis of an activity
as an employed or self-employed person: the place of
residence of the children, provided that there is such
activity, and additionally, where appropriate, the high-
est amount of the benefits provided for by the conflict-
ing legislations. In the latter case, the cost of benefits
shall be shared in accordance with criteria laid down in
the Implementing Regulation;

(ii)

in the case of rights available on the basis of receipt of
pensions: the place of residence of the children, provided
that a pension is payable under its legislation, and addi-
tionally, where appropriate, the longest period of insur-
ance or residence under the conflicting legislations;

(iii) in the case of rights available on the basis of residence:

the place of residence of the children.

2.
In the case of overlapping entitlements, family benefits shall
be provided in accordance with the legislation designated as hav-
ing priority in accordance with paragraph 1. Entitlements to fam-
ily benefits by virtue of other conflicting legislation or legislations
shall be suspended up to the amount provided for by the first leg-
islation and a differential supplement shall be provided, if neces-
sary, for the sum which exceeds this amount. However, such a dif-
ferential supplement does not need to be provided for children
residing in another Member State when entitlement to the benefit
in question is based on residence only.

3.
If, under Article 67, an application for family benefits is sub-
mitted to the competent institution of a Member State whose leg-
islation is applicable, but not by priority right in accordance with
paragraphs 1 and 2 of this Article:

(a)

that institution shall forward the application without delay to
the competent institution of the Member State whose legis-
lation is applicable by priority, inform the person concerned
and, without prejudice to the provisions of the Implement-
ing Regulation concerning the provisional award of benefits,
provide, if necessary, the differential supplement mentioned
in paragraph 2;

(b)

the competent institution of the Member State whose legis-
lation is applicable by priority shall deal with this application
as though it were submitted directly to itself, and the date on
which such an application was submitted to the first institu-
tion shall be considered as the date of its claim to the insti-
tution with priority.

1.
If, under the legislation designated by virtue of Articles 67
and 68, no right is acquired to the payment of additional or
special family benefits for orphans, such benefits shall be paid by
default, and in addition to the other family benefits acquired in
accordance with the abovementioned legislation, under the legis-
lation of the Member State to which the deceased worker was sub-
ject for the longest period of time, in so far as the right was
acquired under that legislation. If no right was acquired under that
legislation, the conditions for the acquisition of such right under
the legislations of the other Member States shall be examined and
benefits provided in decreasing order of the length of periods of
insurance or residence completed under the legislation of those
Member States.

2.
Benefits paid in the form of pensions or supplements to
pensions shall be provided and calculated in accordance with
Chapter 5.

CHAPTER 9

Special non-contributory cash benefits

Article 70

General provision

1.
This Article shall apply to special non-contributory cash
benefits which are provided under legislation which, because of its
personal scope, objectives and/or conditions for entitlement, has
characteristics both of the social security legislation referred to in
Article 3(1) and of social assistance.

For the purposes of this Chapter, ‘special non-contributory

2.
cash benefits’ means those which:

(a) are intended to provide either:

(i)

supplementary, substitute or ancillary cover against the
risks covered by the branches of social security referred
to in Article 3(1), and which guarantee the persons con-
cerned a minimum subsistence income having regard to
the economic and social situation in the Member State
concerned;

or

L 200/26

EN

Official Journal of the European Union

7.6.2004

(ii)

solely specific protection for the disabled, closely linked
to the said person’s social environment in the Member
State concerned,

Secretarial services for the Administrative Commission shall
3.
be provided by the Commission of the European Communities.

and

(b) where the financing exclusively derives from compulsory
taxation intended to cover general public expenditure and the
conditions for providing and for calculating the benefits are
not dependent on any contribution in respect of the benefi-
ciary. However, benefits provided to supplement a contribu-
tory benefit shall not be considered to be contributory ben-
efits for this reason alone,

Article 72

Tasks of the Administrative Commission

The Administrative Commission shall:

and

(c) are listed in Annex X.

Article 7 and the other chapters of this Title shall not apply

3.
to the benefits referred to in paragraph 2 of this Article.

4.
The benefits referred to in paragraph 2 shall be provided
exclusively in the Member State in which the persons concerned
reside, in accordance with its legislation. Such benefits shall be
provided by and at the expense of the institution of the place of
residence.

TITLE IV

ADMINISTRATIVE COMMISSION AND
ADVISORY COMMITTEE

Article 71

Composition and working methods of the Administrative
Commission

1.
The Administrative Commission for the Coordination of
Social Security Systems (hereinafter called the Administrative
Commission) attached to the Commission of the European Com-
munities shall be made up of a government representative from
each of the Member States, assisted, where necessary, by expert
advisers. A representative of the Commission of the European
Communities shall attend the meetings of the Administrative
Commission in an advisory capacity.

The rules of the Administrative Commission shall be drawn

2.
up by mutual agreement among its members.

(a) deal with all administrative questions and questions of inter-
pretation arising from the provisions of this Regulation or
those of the Implementing Regulation, or from any agree-
ment concluded or arrangement made thereunder, without
prejudice to the right of the authorities, institutions and per-
sons concerned to have recourse to the procedures and tri-
bunals provided for by the legislation of the Member States,
by this Regulation or by the Treaty;

(b)

facilitate the uniform application of Community law, espe-
cially by promoting exchange of experience and best admin-
istrative practices;

(c)

foster and develop cooperation between Member States and
their institutions in social security matters in order, inter alia,
to take into account particular questions regarding certain
categories of persons; facilitate realisation of actions of cross-
border cooperation activities in the area of the coordination
of social security systems;

(d) encourage as far as possible the use of new technologies in
order to facilitate the free movement of persons, in particu-
lar by modernising procedures for exchanging information
and adapting the information flow between institutions for
the purposes of exchange by electronic means,
taking
account of the development of data processing in each Mem-
ber State; the Administrative Commission shall adopt the
common structural rules for data processing services, in par-
ticular on security and the use of standards, and shall lay
down provisions for the operation of the common part of
those services;

Decisions on questions of
interpretation referred to in
Article 72(a) shall be adopted under the voting rules established
by the Treaty and shall be given the necessary publicity.

(e) undertake any other function falling within its competence
under this Regulation and the Implementing Regulation or
any agreement or arrangement concluded thereunder;

7.6.2004

EN

Official Journal of the European Union

L 200/27

(f) make any relevant proposals to the Commission of the Euro-
pean Communities concerning the coordination of social
security schemes, with a view to improving and modernising
the Community acquis by drafting subsequent Regulations or
by means of other instruments provided for by the Treaty;

(g) establish the factors to be taken into account for drawing up
accounts relating to the costs to be borne by the institutions
of the Member States under this Regulation and to adopt the
annual accounts between those institutions, based on the
report of the Audit Board referred to in Article 74.

The Audit Board shall:

(a) verify the method of determining and calculating the annual

average costs presented by Member States;

(b) collect the necessary data and carry out the calculations
required for establishing the annual statement of claims of
each Member State;

Article 73

Technical Commission for Data Processing

(c) give the Administrative Commission periodic accounts of the
results of the implementation of this Regulation and of the
Implementing Regulation, in particular as regards the finan-
cial aspect;

1.
A Technical Commission for Data Processing (hereinafter
called the Technical Commission) shall be attached to the Admin-
istrative Commission. The Technical Commission shall propose
to the Administrative Commission common architecture rules for
the operation of data-processing services, in particular on secu-
rity and the use of standards; it shall deliver reports and a rea-
soned opinion before decisions are taken by the Administrative
Commission pursuant to Article 72(d). The composition and
working methods of the Technical Commission shall be deter-
mined by the Administrative Commission.

2.

To this end, the Technical Commission shall:

(d) provide the data and reports necessary for decisions to be
taken by the Administrative Commission pursuant
to
Article 72(g);

(e) make any relevant suggestions it may have to the Adminis-
trative Commission, including those concerning this Regula-
tion, in connection with subparagraphs (a), (b) and (c);

(a) gather together the relevant technical documents and under-
take the studies and other work required to accomplish its
tasks;

(f)

carry out all work, studies or assignments on matters referred
to it by the Administrative Commission.

(b)

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

Article 75

Advisory Committee for the Coordination of Social
Security Systems

(c)

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

(d) ensure the management of Community pilot projects using
data-processing services and, for the Community part, opera-
tional systems using data-processing services.

1.
An Advisory Committee for the Coordination of Social
Security Systems (hereinafter referred to as Advisory Committee)
is hereby established, comprising, from each Member State:

Article 74

Audit Board

(a) one government representative;

(b) one representative from the trade unions;

1.
An Audit Board shall be attached to the Administrative
Commission. The composition and working methods of the Audit
Board shall be determined by the Administrative Commission.

(c) one representative from the employers’ organisations.

L 200/28

EN

Official Journal of the European Union

7.6.2004

For each of the categories referred to above, an alternate member
shall be appointed for each Member State.

The institutions and persons covered by this Regulation
4.
shall have a duty of mutual information and cooperation to
ensure the correct implementation of this Regulation.

The members and alternate members of the Advisory Committee
shall be appointed by the Council. The Advisory Committee shall
be chaired by a representative of the Commission of the European
Communities. The Advisory Committee shall draw up its Rules of
Procedure.

2.
The Advisory Committee shall be empowered, at the request
of the Commission of the European Communities, the Adminis-
trative Commission or on its own initiative:

(a)

to examine general questions or questions of principle and
problems arising from the implementation of the Commu-
nity provisions on the coordination of social security sys-
tems, especially regarding certain categories of persons;

(b)

to formulate opinions on such matters for the Administra-
tive Commission and proposals for any revisions of the said
provisions.

TITLE V

MISCELLANEOUS PROVISIONS

Article 76

Cooperation

The competent authorities of the Member States shall com-

1.
municate to each other all information regarding:

(a) measures taken to implement this Regulation;

(b) changes in their legislation which may affect the implemen-

tation of this Regulation.

2.
For the purposes of this Regulation, the authorities and
institutions of the Member States shall lend one another their
good offices and act as though implementing their own legisla-
tion. The administrative assistance given by the said authorities
and institutions shall, as a rule, be free of charge. However, the
Administrative Commission shall establish the nature of reim-
bursable expenses and the limits above which their reimburse-
ment is due.

3.
The authorities and institutions of the Member States may,
for the purposes of this Regulation, communicate directly with
their
one
representatives.

and with the persons

involved or

another

The institutions, in accordance with the principle of good admin-
istration, shall respond to all queries within a reasonable period
of time and shall in this connection provide the persons con-
cerned with any information required for exercising the rights
conferred on them by this Regulation.

The persons concerned must inform the institutions of the com-
petent Member State and of the Member State of residence as
soon as possible of any change in their personal or family situa-
tion which affects their right to benefits under this Regulation.

5.
Failure to respect the obligation of information referred to
in the third subparagraph of paragraph 4 may result in the appli-
cation of proportionate measures in accordance with national
law. Nevertheless, these measures shall be equivalent to those
applicable to similar situations under domestic law and shall not
make it impossible or excessively difficult in practice for claim-
ants to exercise the rights conferred on them by this Regulation.

6.
In the event of difficulties in the interpretation or applica-
tion of this Regulation which could jeopardise the rights of a per-
son covered by it, the institution of the competent Member State
or of the Member State of residence of the person concerned shall
contact the institution(s) of the Member State(s) concerned. If a
solution cannot be found within a reasonable period, the authori-
ties concerned may call on the Administrative Commission to
intervene.

The authorities, institutions and tribunals of one Member
7.
State may not reject applications or other documents submitted
to them on the grounds that they are written in an official lan-
guage of another Member State, recognised as an official language
of the Community institutions in accordance with Article 290 of
the Treaty.

Article 77

Protection of personal data

1. Where, according to this Regulation or to the Implement-
ing Regulation, the authorities or institutions of a Member State
communicate personal data to the authorities or institutions of
another Member State, such communication shall be subject to
the data protection legislation of the Member State transmitting
them. Any communication from the authority or institution of
the receiving Member State as well as the storage, alteration and
destruction of the data provided by that Member State shall be
subject to the data protection legislation of the receiving Member
State.

7.6.2004

EN

Official Journal of the European Union

L 200/29

Data required for the application of this Regulation and the
2.
Implementing Regulation shall be transmitted by one Member
State to another Member State in accordance with Community
provisions on the protection of natural persons with regard to the
processing and free movement of personal data.

(b) any other activity aimed at providing information to the per-
sons covered by this Regulation and their representatives
about the rights and obligations deriving from this Regula-
tion, using the most appropriate means.

Article 78

Data processing

Article 80

Exemptions

1. Member States shall progressively use new technologies for
the exchange, access and processing of the data required to apply
this Regulation and the Implementing Regulation. The Commis-
sion of the European Communities shall lend its support to activi-
ties of common interest as soon as the Member States have estab-
lished such data-processing services.

1.
Any exemption from or reduction of taxes, stamp duty,
notarial or registration fees provided for under the legislation of
one Member State in respect of certificates or documents required
to be produced in application of the legislation of that Member
State shall be extended to similar certificates or documents
required to be produced in application of the legislation of
another Member State or of this Regulation.

2.
Each Member State shall be responsible for managing its
own part of the data-processing services in accordance with the
Community provisions on the protection of natural persons with
regard to the processing and the free movement of personal data.

3.
An electronic document sent or issued by an institution in
conformity with this Regulation and the Implementing Regula-
tion may not be rejected by any authority or institution of another
Member State on the grounds that it was received by electronic
means, once the receiving institution has declared that it can
receive electronic documents. Reproduction and recording of
such documents shall be presumed to be a correct and accurate
reproduction of the original document or representation of the
information it relates to, unless there is proof to the contrary.

4.
An electronic document shall be considered valid if the
computer system on which the document is recorded contains the
safeguards necessary in order to prevent any alteration, disclosure
or unauthorised access to the recording. It shall at any time be
possible to reproduce the recorded information in an immediately
readable form. When an electronic document is transferred from
one social security institution to another, appropriate security
measures shall be taken in accordance with the Community pro-
visions on the protection of natural persons with regard to the
processing and the free movement of personal data.

All statements, documents and certificates of any kind what-
2.
soever required to be produced in application of this Regulation
shall be exempt from authentication by diplomatic or consular
authorities.

Article 81

Claims, declarations or appeals

Any claim, declaration or appeal which should have been submit-
ted, in application of the legislation of one Member State, within
a specified period to an authority, institution or tribunal of that
Member State shall be admissible if it is submitted within the
same period to a corresponding authority, institution or tribunal
of another Member State. In such a case the authority, institution
or tribunal receiving the claim, declaration or appeal shall forward
it without delay to the competent authority, institution or tribu-
nal of the former Member State either directly or through the
competent authorities of the Member States concerned. The date
on which such claims, declarations or appeals were submitted to
the authority, institution or tribunal of the second Member State
shall be considered as the date of their submission to the compe-
tent authority, institution or tribunal.

Article 79

Funding of activities in the social security field

Article 82

Medical examinations

In connection with this Regulation and the Implementing Regu-
lation, the Commission of the European Communities may fund
in full or in part:

(a) activities aimed at improving exchanges of information
between the social security authorities and institutions of the
Member States, particularly the electronic exchange of data;

Medical examinations provided for by the legislation of one Mem-
ber State may be carried out at the request of the competent insti-
tution, in another Member State, by the institution of the place of
residence or stay of the claimant or the person entitled to ben-
efits, under the conditions laid down in the Implementing Regu-
lation or agreed between the competent authorities of the Mem-
ber States concerned.

L 200/30

EN

Official Journal of the European Union

7.6.2004

Article 83

Implementation of legislation

responsible for providing benefits against a third party liable to
provide compensation for the injury shall be governed by the fol-
lowing rules:

Special provisions for implementing the legislation of certain
Member States are referred to in Annex XI.

(a) where the institution responsible for providing benefits is,
under the legislation it applies, subrogated to the rights which
the beneficiary has against the third party, such subrogation
shall be recognised by each Member State;

Article 84

Collection of contributions and recovery of benefits

(b) where the institution responsible for providing benefits has a
direct right against the third party, each Member State shall
recognise such rights.

1.
Collection of contributions due to an institution of one
Member State and recovery of benefits provided by the institution
of one Member State but not due may be effected in another
Member State in accordance with the procedures and with the
guarantees and privileges applicable to the collection of contribu-
tions due to the corresponding institution of the latter Member
State and the recovery of benefits provided by it but not due.

If a person receives benefits under the legislation of one
2.
Member State in respect of an injury resulting from events occur-
ring in another Member State, the provisions of the said legisla-
tion which determine the cases in which the civil liability of
employers or of their employees is to be excluded shall apply with
regard to the said person or to the competent institution.

Enforceable decisions of the judicial and administrative
2.
authorities relating to the collection of contributions, interest and
any other charges or to the recovery of benefits provided but not
due under the legislation of one Member State shall be recogn-
ised and enforced at the request of the competent institution in
another Member State within the limits and in accordance with
the procedures laid down by the legislation and any other proce-
dures applicable to similar decisions of the latter Member State.
Such decisions shall be declared enforceable in that Member State
in so far as the legislation and any other procedures of that Mem-
ber State so require.

3.
in
Claims of an institution of one Member State shall
enforcement, bankruptcy or settlement proceedings in another
Member State enjoy the same privileges as the legislation of the
latter Member State accords to claims of the same kind.

Paragraph 1 shall also apply to any rights of the institution
responsible for providing benefits against employers or their
employees in cases where their liability is not excluded.

in accordance with Article 35(3)

and/or
3. Where,
Article 41(2), two or more Member States or their competent
authorities have concluded an agreement to waive reimbursement
between institutions under their jurisdiction, or, where reimburse-
ment does not depend on the amount of benefits actually pro-
vided, any rights arising against a liable third party shall be gov-
erned by the following rules:

(a) where the institution of the Member State of residence or stay
accords benefits to a person in respect of an injury sustained
in its territory, that institution, in accordance with the pro-
visions of the legislation it applies, shall exercise the right to
subrogation or direct action against the third party liable to
provide compensation for the injury;

The procedure for implementing this Article,

4.
including
costs reimbursement, shall be governed by the Implementing
Regulation or, where necessary and as a complementary measure,
by means of agreements between Member States.

(b)

for the application of (a):

Article 85

Rights of institutions

(i)

the person receiving benefits shall be deemed to be
insured with the institution of the place of residence or
stay,

and

1.
If a person receives benefits under the legislation of one
Member State in respect of an injury resulting from events occur-
ring in another Member State, any rights of the institution

(ii)

that institution shall be deemed to be the institution
responsible for providing benefits;

7.6.2004

EN

Official Journal of the European Union

L 200/31

(c) paragraphs 1 and 2 shall remain applicable in respect of any
benefits not covered by the waiver agreement or a reimburse-
ment which does not depend on the amount of benefits actu-
ally provided.

If a request referred to in paragraph 4 or 5 is submitted
6.
within two years from the date of application of this Regulation
in a Member State, the rights acquired in accordance with this
Regulation shall have effect from that date, and the legislation of
any Member State concerning the forfeiture or limitation of rights
may not be invoked against the persons concerned.

Article 86

Bilateral agreements

As far as relations between, on the one hand, Luxembourg and,
on the other hand, France, Germany and Belgium are concerned,
the application and the duration of the period referred to in
Article 65(7) shall be subject to the conclusion of bilateral
agreements.

TITLE VI

TRANSITIONAL AND FINAL PROVISIONS

Article 87

Transitional provisions

No rights shall be acquired pursuant to this Regulation for

1.
the period before its date of application.

2.
Any period of insurance and, where appropriate, any period
of employment, self-employment or residence completed under
the legislation of a Member State prior to the date of application
of this Regulation in the Member State concerned shall be taken
into consideration for the determination of rights acquired under
this Regulation.

3.
Subject to paragraph 1, a right shall be acquired under this
Regulation even if it relates to a contingency arising before its date
of application in the Member State concerned.

4.
Any benefit which has not been awarded or which has been
suspended by reason of the nationality or place of residence of the
person concerned shall, at the request of that person, be provided
or resumed with effect from the date of application of this Regu-
lation in the Member State concerned, provided that the rights for
which benefits were previously provided have not given rise to a
lump-sum payment.

5.
The rights of a person to whom a pension was provided
prior to the date of application of this Regulation in a Member
State may, at the request of the person concerned, be reviewed,
taking into account this Regulation.

7.
If a request referred to in paragraph 4 or 5 is submitted after
the expiry of the two-year period following the date of applica-
tion of this Regulation in the Member State concerned, rights not
forfeited or not time-barred shall have effect from the date on
which the request was submitted, subject to any more favourable
provisions under the legislation of any Member State.

8.
If, as a result of this Regulation, a person is subject to the
legislation of a Member State other than the one determined in
accordance with Title II of Regulation (EEC) No 1408/71, that leg-
islation shall continue to apply as long as the relevant situation
remains unchanged, unless the person concerned requests that
he/she be subject to the legislation applicable under this Regula-
tion. The request shall be submitted within three months after the
date of application of this Regulation to the competent institu-
tion of the Member State whose legislation is applicable under
this Regulation if the person concerned is to be subject to the leg-
islation of that Member State as of the date of application of this
Regulation. If the request is made after the time limit indicated,
the changeover shall take place on the first day of the following
month.

9.
Article 55 of this Regulation shall apply only to pensions
not subject to Article 46c of Regulation (EEC) No 1408/71 on the
date of application of this Regulation.

10.
The provisions of the second sentences of Article 65(2)
and (3) shall be applicable to Luxembourg at the latest two years
after the date of application of this Regulation.

11. Member States shall ensure that appropriate information is
provided regarding the changes in rights and obligations intro-
duced by this Regulation and the Implementing Regulation.

Article 88

Updating of the Annexes

The Annexes of this Regulation shall be revised periodically.

L 200/32

EN

Official Journal of the European Union

7.6.2004

Article 89

Implementing Regulation

A further Regulation shall lay down the procedure for implement-
ing this Regulation.

Article 90

Repeal

Council Regulation (EEC) No 1408/71 shall be repealed

1.
from the date of application of this Regulation.

However, Regulation (EEC) No 1408/71 shall remain in force and
shall continue to have legal effect for the purposes of:

(a) Council Regulation (EC) No 859/2003 of 14 May 2003
extending the provisions of Regulation (EEC) No 1408/71
and Regulation (EEC) No 574/72 to nationals of third coun-
tries who are not already covered by those provisions solely
on the ground of their nationality (1), for as long as that
Regulation has not been repealed or modified;

(b) Council Regulation (EEC) No 1661/85 of 13 June 1985 lay-
ing down the technical adaptations to the Community rules
on social security for migrant workers with regard to Green-
land (2), for as long as that Regulation has not been repealed
or modified;

(c)

the Agreement on the European Economic Area (3) and the
Agreement between the European Community and its Mem-
ber States, of the one part, and the Swiss Confederation, of
the other part, on the free movement of persons (4) and other
agreements which contain a reference to Regulation (EEC)
No 1408/71, for as long as those agreements have not been
modified in the light of this Regulation.

References to Regulation (EEC) No 1408/71 in Council
2.
Directive 98/49/EC of 29 June 1998 on safeguarding the supple-
mentary pension rights of employed and self-employed persons
moving within the Community (5) are to be read as referring to
this Regulation.

Article 91

Entry into force

This Regulation shall enter into force on the 20th day after its
publication in the Official Journal of the European Union.

It shall apply from the date of entry into force of the Implement-
ing Regulation.

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

Done at Strasbourg, 29 April 2004.

For the European Parliament
The President
P. COX

For the Council
The President
M. McDOWELL

(1) OJ L 124, 20.5.2003, p. 1.
(2) OJ L 160, 20.6.1985, p. 7.

(3) OJ L 1, 3.1.1994, p. 1.
(4) OJ L 114, 30.4.2002, p. 6. Agreement as last amended by Decision
No 2/2003 of the EU-Swiss Committee (OJ L 187, 26.7.2003, p. 55).

(5) OJ L 209, 25.7.1998, p. 46.

7.6.2004

EN

Official Journal of the European Union

L 200/33

ANNEX I

ADVANCES OF MAINTENANCE PAYMENTS AND SPECIAL CHILDBIRTH AND
ADOPTION ALLOWANCES

(Article 1(z))

I. Advances of maintenance payments

A.

BELGIUM

Advances of maintenance allowances under the law of 21 February 2003 creating a maintenance payments agency
within the federal public service, Finance Department

B. DENMARK

Advance payment of child support laid down in the Act on Child Benefits

Advance payment of child support consolidated by Law No 765 of 11 September 2002

C. GERMANY

Advances of maintenance payments under the German law on advances of maintenance payments (Unterhaltsvor-
schussgesetz) of 23 July 1979

D.

FRANCE

Family support allowance paid to a child one of whose parents or both of whose parents are in default or are unable
to meet their maintenance obligations or the payment of a maintenance allowance laid down by a court decision

E. AUSTRIA

Advances of maintenance payments under the Federal Law on the grant of advances of child maintenance (Unter-
haltsvorschussgesetz 1985 – UVG)

F.

PORTUGAL

Advances of maintenance payments (Act No 75/98, 19 November, on the guarantee of maintenance for minors)

G.

FINLAND

Maintenance allowance under the Security of Child Maintenance Act (671/1998)

H.

SWEDEN

Maintenance allowance under the Maintenance Support Act (1996:1030)

L 200/34

EN

Official Journal of the European Union

7.6.2004

II. Special childbirth and adoption allowances

A.

BELGIUM

Childbirth allowance and adoption grant

B.

SPAIN

Single payment birth grants

C.

FRANCE

Birth or adoption grants as part of the ‘early childhood benefit’

D.

LUXEMBOURG

Antenatal allowances

Childbirth allowances

E.

FINLAND

Maternity package, maternity lump-sum grant and assistance in the form of a lump sum intended to offset the cost
of international adoption pursuant to the Maternity Grant Act.

7.6.2004

EN

Official Journal of the European Union

L 200/35

ANNEX II

PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH,
WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED
THEREBY

(Article 8(1))

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty
as soon as possible and at the latest by the date of application of this Regulation referred to in Article 91.

L 200/36

EN

Official Journal of the European Union

7.6.2004

ANNEX III

RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE
FAMILY OF A FRONTIER WORKER

(Article 18(2))

DENMARK

SPAIN

IRELAND

NETHERLANDS

FINLAND

SWEDEN

UNITED KINGDOM

7.6.2004

EN

Official Journal of the European Union

L 200/37

ANNEX IV

MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT
MEMBER STATE

(Article 27(2))

BELGIUM

GERMANY

GREECE

SPAIN

FRANCE

ITALY

LUXEMBOURG

AUSTRIA

SWEDEN

L 200/38

EN

Official Journal of the European Union

7.6.2004

ANNEX V

MORE RIGHTS FOR FORMER FRONTIER WORKERS WHO RETURN TO THEIR
PREVIOUS MEMBER STATE OF ACTIVITY AS AN EMPLOYED OR
SELF-EMPLOYED PERSON (APPLICABLE ONLY IF THE MEMBER STATE IN
WHICH THE COMPETENT INSTITUTION RESPONSIBLE FOR THE COSTS OF
THE BENEFITS IN KIND PROVIDED TO THE PENSIONER IN HIS/HER MEMBER
STATE OF RESIDENCE IS SITUATED ALSO APPEARS ON THE LIST)

(Article 28(2))

BELGIUM

GERMANY

SPAIN

FRANCE

LUXEMBOURG

AUSTRIA

PORTUGAL

7.6.2004

EN

Official Journal of the European Union

L 200/39

ANNEX VI

IDENTIFICATION OF TYPE A LEGISLATION WHICH SHOULD BE SUBJECT TO
SPECIAL COORDINATION

A. GREECE

(Article 44(1))

Legislation relating to the agricultural insurance scheme (OGA), under Law No 4169/1961

B.

IRELAND

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

C.

FINLAND

Invalidity pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transi-
tional rules of the National Pensions Act (547/93)

National pensions to persons who are disabled or become disabled at an early age (the National Pensions Act (547/93))

D.

SWEDEN

Income-related sickness benefit and activity compensation (Act 1962:381 as amended by Act 2001:489)

E. UNITED KINGDOM

(a) Great Britain

Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits Act 1992

(b) Northern Ireland

Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits (Northern Ireland) Act 1992.

CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY

ANNEX VII

(Article 46(3) of the Regulation)

BELGIUM

Member State

Schemes administered by institutions
of Member States which have taken a
decision recognising the degree of
invalidity

FRANCE

1. General scheme:

Schemes administered by Belgian institutions on which the decision is binding
in cases of concordance

General scheme

Miners’ scheme

General invalidity

Occupational invalidity

Mariners’ scheme

Ossom

Concordance

Concordance

Concordance

Concordance

No concordance

– Group III (constant

attendance)

– Group II

– Group I

2. Agricultural scheme

Concordance

Concordance

– Total, general invalidity

Concordance

– Two-thirds general invalidity

Concordance

– Constant attendance

Concordance

3. Miners’ scheme:

– Partial, general invalidity

– Constant attendance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

– Occupational invalidity

No concordance

No concordance

4. Mariners’ scheme:

– General invalidity

– Constant attendance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

No concordance

Concordance

Concordance

ITALY

1. General scheme:

– Occupational invalidity

No concordance

No concordance

No concordance

No concordance

– Invalidity — manual workers No concordance

– Invalidity — clerical staff

No concordance

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

LUXEMBOURG (1)

2. Mariners’ scheme:

– Unfitness for seafaring

No concordance

Workers’ invalidity — manual
workers

Concordance

No concordance

Concordance

No concordance

Concordance

No concordance

Concordance

No concordance

No concordance

(1) Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.

Invalidity — clerical staff

Concordance

Concordance

Concordance

Concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

L

2
0
0
/
4
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

7
6
2
0
0
4

Member
State

Schemes administered by
institutions of Member
States which have taken a
decision recognising the
degree of invalidity

Group I

Group II

BELGIUM

1. General scheme

Concordance No

concordance

2. Miners’ scheme

FRANCE

General scheme

Agricultural scheme

Miners’ scheme

Mariners’ scheme

Schemes administered by French institutions on which the decision is binding in cases of concordances

Group III
Constant
attendance

No
concordance

2/3 Invalidity

Total
invalidity

Constant
attendance

2/3 General
invalidity

Constant
attendance

Occupational
invalidity

2/3 General
invalidity

Total
occupational
invalidity

Constant
attendance

Concordance No

concordance

No
concordance

Concordance No

concordance

No
concordance

No
concordance

No
concordance

No
concordance

– partial general

Concordance No

invalidity

concordance

No
concordance

Concordance No

concordance

No
concordance

Concordance No

concordance

No
concordance

No
concordance

No
concordance

No
concordance

– occupational
invalidity

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

Concor-
dance (2)

3. Mariners’ scheme

ITALY

1. General scheme

Concor-
dance (1)

No
concordance

No
concordance

Concor-
dance (1)

No
concordance

No
concordance

Concor-
dance (1)

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

– invalidity —

manual workers

– invalidity —
clerical staff

Concordance No

concordance

Concordance No

concordance

No
concordance

No
concordance

Concordance No

concordance

Concordance No

concordance

No
concordance

No
concordance

Concordance No

concordance

No
concordance

No
concordance

No
concordance

No
concordance

Concordance No

concordance

No
concordance

No
concordance

No
concordance

No
concordance

2. Mariners’ scheme

– unfitness for
seafaring

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

LUXEM-
BOURG (3)

Invalidity — manual
workers

Concordance No

concordance

No
concordance

Concordance No

concordance

No
concordance

Concordance No

concordance

No
concordance

No
concordance

No
concordance

No
concordance

Invalidity — clerical
staff

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

No
concordance

(1) In so far as the invalidity recognised by the Belgian institutions is general invalidity.
(2) Only if the Belgian institution has recognised that the worker is unfit for work underground or at ground level.
(3) Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.

L 200/42

EN

Official Journal of the European Union

7.6.2004

ITALY

Member State

Schemes administered by
institutions of Member States which
have taken a decision recognising
the degree of invalidity

Schemes administered by Italian institutions on which the decision is
binding in cases of concordance

General scheme

Manual workers

Clerical staff

Mariners unfit for
navigation

BELGIUM

1. General scheme

No concordance

No concordance

No concordance

2. Miners’ scheme

– partial general invalidity

Concordance

Concordance

No concordance

– occupational invalidity

No concordance

No concordance

No concordance

3. Mariners’ scheme

No concordance

No concordance

No concordance

FRANCE

1. General scheme

– Group III (constant

Concordance

Concordance

No concordance

attendance)

– Group II

– Group I

2. Agricultural scheme

Concordance

Concordance

No concordance

Concordance

Concordance

No concordance

– total general invalidity

Concordance

Concordance

No concordance

– partial general invalidity

Concordance

Concordance

No concordance

– constant attendance

Concordance

Concordance

No concordance

3. Miners’ scheme

– partial general invalidity

Concordance

Concordance

No concordance

– constant attendance

Concordance

Concordance

No concordance

– occupational invalidity

No concordance

No concordance

No concordance

4. Mariners’ scheme

– partial general invalidity

No concordance

No concordance

No concordance

– constant attendance

No concordance

No concordance

No concordance

– occupational invalidity

7.6.2004

EN

Official Journal of the European Union

L 200/43

LUXEMBOURG (1)

Member State

Schemes administered by
institutions of Member States
which have taken a decision
recognising the degree of
invalidity

Schemes administered by Luxembourg institutions on which the
decision is binding in cases of concordance

Invalidity — manual workers

Invalidity — clerical staff

BELGIUM

1. General scheme

Concordance

Concordance

2. Miners’ scheme:

− partial general

invalidity

− occupational
invalidity

No concordance

No concordance

No concordance

No concordance

3. Mariners’ scheme

Concordance (1)

Concordance (1)

FRANCE

1. General scheme:

− Group III (constant

Concordance

Concordance

attendance)

− Group II

− Group I

2. Agricultural scheme:

− total general
invalidity

Concordance

Concordance

Concordance

Concordance

Concordance

Concordance

− two-thirds general

Concordance

Concordance

invalidity

− constant attendance

Concordance

Concordance

3. Miners’ scheme:

− two-thirds general

Concordance

Concordance

invalidity

− constant attendance

Concordance

Concordance

− total general
invalidity

4. Mariners’ scheme:

− partial general

invalidity

No concordance

No concordance

Concordance

Concordance

− constant attendance

Concordance

concordance

− occupational
invalidity

No concordance

No concordance

(1) In so far as the invalidity recognised by the Belgian institution is general invalidity.

(1) Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account

of the changes which have been made to national legislation in Luxembourg.

L 200/44

EN

Official Journal of the European Union

7.6.2004

ANNEX VIII

CASES IN WHICH THE INDEPENDENT BENEFIT IS EQUAL TO OR HIGHER
THAN THE PRO RATA BENEFIT

(Article 52(4))

A. DENMARK

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IX

B.

FRANCE

All applications for pension benefits or survivor’s benefits under supplementary retirement schemes for employees or
self-employed workers, with the exception of applications for old-age or widow’s pensions under the supplementary
retirement scheme for professional cabin crew in civil aviation

C.

IRELAND

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

D. NETHERLANDS

Where a person is entitled to a pension on the basis of the Netherlands’ law on general old-age insurance (AOW)

E.

PORTUGAL

Invalidity, old-age and survivors’ pension claims, except for the cases where the total periods of insurance completed
under the legislation of more than one Member State are equal to or longer than 21 calendar years, the national peri-
ods of insurance are equal to, or less than, 20 years, and the calculation is made under Article 11 of Decree Law
No 35/2002, 19 February, which defines the rules for the determination of the pension amount. In such cases, by apply-
ing more favourable pension formation rates, the amount resulting from the pro rata calculation may be higher than
that resulting from the independent calculation.

F.

SWEDEN

Earnings-related old-age pension (Act 1998:674), earnings-related survivor’s pension in the form of adjustment pen-
sion and child’s pension allowance when the death occurred before 1 January 2003 and widow’s pension (Act 2000:461
and Act 2000:462)

G. UNITED KINGDOM

All applications for retirement pension, widows’ and bereavement benefits determined pursuant to the provisions of
Title III, Chapter 5 of the Regulation, with the exception of those for which:

(a)

during a tax year beginning on or after 6 April 1975:

(i)

the party concerned had completed periods of insurance, employment or residence under the legislation of
the United Kingdom and another Member State;

and

(ii) one (or more) of the tax years referred to in (i) was not considered a qualifying year within the meaning of

the legislation of the United Kingdom;

(b)

the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to
5 July 1948 would be taken into account for the purposes of Article 52(1)(b) of the Regulation by application of
the periods of insurance, employment or residence under the legislation of another Member State.

7.6.2004

EN

Official Journal of the European Union

L 200/45

ANNEX IX

BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION
OF ARTICLE 54

I.

Benefits referred to in Article 54(2)(a) of the Regulation, the amount of which is independent of the length of
periods of insurance or residence completed

A.

BELGIUM

Benefits relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme
for merchant navy mariners

Benefits on insurance for self-employed persons against incapacity to work

Benefits relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employ-
ees of the Belgian Congo and Rwanda-Urundi

B. DENMARK

The full Danish national old-age pension acquired after 10 years’ residence by persons who will have been awarded
a pension by 1 October 1989

C. GREECE

Benefits under Law No 4169/1961 relating to the agricultural insurance scheme (OGA)

D.

SPAIN

Survivors’ pensions granted under the general and special schemes, with the exception of the Special Scheme for
Civil Servants

E.

FRANCE

Invalidity pension under the general social security system or under the agricultural workers scheme

Widower’s or widow’s invalidity pension under the general social security system or under the agricultural work-
ers scheme where it is calculated on the basis of the deceased spouse’s invalidity pension settled in accordance
with Article 52(1)(a)

F.

IRELAND

Type A Invalidity pension

G. NETHERLANDS

The law of 18 February 1966 on invalidity insurance for employees, as amended (WAO)

The law of 24 April 1997 on invalidity insurance for self-employed persons, as amended (WAZ)

The law of 21 December 1995 on general insurance for surviving dependants (ANW)

L 200/46

EN

Official Journal of the European Union

7.6.2004

H.

FINLAND

National pensions to persons who are born disabled or become disabled at an early age (National Pensions
Act 547/93)

National pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the tran-
sitional rules of the National Pensions Act (547/93)

The additional amount of the child’s pension in accordance with the Survivors Pension Act of 17 January 1969

I.

SWEDEN

Earnings-related survivor’s pension in the form of child’s pension allowance and adjustment pension when the death
occurred on 1 January 2003 or later when the deceased was born in 1938 or later (Act 2000:461)

II.

Benefits referred to in Article 54(2)(b) of the Regulation, the amount of which is determined by reference to
a credited period deemed to have been completed between the date on which the risk materialised and a later
date

A. GERMANY

Invalidity and survivors’ pensions, for which account is taken of a supplementary period

Old-age pensions, for which account is taken of a supplementary period already acquired

B.

SPAIN

The pensions for retirement or retirement for permanent disability (invalidity) under the Special Scheme for Civil
Servants due under Title I of the consolidated text of the Law on State Pensioners if at the time of materialisation
of the risk the beneficiary was an active civil servant or treated as such; death and survivors’ (widows’/widowers’,
orphans’ and parents’) pensions due under Title I of the consolidated text of the Law on State Pensioners if at the
time of death the civil servant was active or treated as such

C.

ITALY

Italian pensions for total incapacity for work (inabilità)

D.

LUXEMBOURG

Invalidity and survivors’ pensions

E.

FINLAND

Employment pensions for which account is taken of future periods according to the national legislation

F.

SWEDEN

Sickness benefit and activity compensation in the form of guarantee benefit (Act 1962:381)

Survivor’s pension calculated on the basis of assumed insurance periods (Act 2000:461 and 2000:462)

Old-age pension in the form of guarantee pension calculated on the basis of assumed periods previously counted
(Act 1998:702)

7.6.2004

EN

Official Journal of the European Union

L 200/47

III. Agreements referred to in Article 54(2)(b)(i) of the Regulation intended to prevent the same credited period

being taken into account two or more times:

The Social Security Agreement of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany

The Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of
Luxembourg

Nordic Convention of 15 June 1992 on social security.

L 200/48

EN

Official Journal of the European Union

7.6.2004

ANNEX X

SPECIAL NON-CONTRIBUTORY CASH BENEFITS

(Article 70(2)(c))

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty
as soon as possible and at the latest before the date of application of this Regulation as referred to in Article 91.

7.6.2004

EN

Official Journal of the European Union

L 200/49

ANNEX XI

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE
MEMBER STATES

(Articles 51(3), 56(1) and 83)

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty
as soon as possible and at the latest before the date of application of this Regulation as referred to in Article 91.