Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71
Date: 2004-12-23
Institutions: European Commission
Subjects: accession to the European Union, free movement of workers, simplification of formalities, social legislation, social security, social-security benefit, social-security harmonisation, worker (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.12.2004 
COM(2004) 830 final 

2004/0284 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

Regulations  (EEC)  Nos  1408/71  and  574/72  were  updated  by  Regulation  (EC)  No  118/971 
and most recently amended by Regulation (EC) No 631/20042 of the European Parliament and 
of the Council. 

This proposal intends to update these Community Regulations to reflect changes in national 
legislation, in particular of the new Member States since the end of accession negotiations. It 
also  intends  to  complete  the  simplification  of  procedures  on  receiving  medical  care  abroad 
introduced by Regulation (EC) No 631/20043 by extending some of those modifications to the 
identical procedures regarding benefits for accidents at work and occupational diseases. 

2. 

COMMENTS ON THE ARTICLES 

Article 1 

Amendments of Regulation (EEC) N° 1408/71 

Annexes I, II IIa, III, IV and VI to Regulation (EEC) No 1408/71 shall be amended 
in accordance with the Annex to this Regulation. 

Article 2 

Amendments of Regulation (EEC) No 574/72 

Deletion of Article 60 (5) and (6) 

These  are  provisions  regarding  benefits  for  accidents  at  work  and  occupational 
diseases  which  are  identical  to  Articles  17  (6)  and  (7)  on  sickness  benefits  in  kind 
which have been abrogated by Regulation (EC) No 631/2004. In the same interest of 
simplification,  the  identical  provisions  on  benefits  for  accidents  at  work  and 
occupational diseases should also be deleted. 

Paragraph (5) of Article 60, which obliges the institution of the place of residence, in 
the  event  of  hospitalisation,  to  inform  the  competent  institution  of  the  date  of 
admission to hospital and the probable duration of hospitalisation, should be deleted. 
In  practice  the  hospitalisation  notification  is  of  little  use  and  is  increasingly  rarely 
provided. 

Also in the interests of simplification, paragraph (6), which obliges the institution of 
the place of residence to notify the competent institution in the event of granting any 
major benefits in kind, should be deleted. 

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OJ L 28, 30.1.1997 
OJ L 100, 6.4.2004 
OJ L 100, 6.4.2004 

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Amendment of Article 62 

This amendment extends the deletion of Article 20 and the amendment of Article 21 
regarding sickness benefits in kind by Regulation 631/2004 to the parallel provision 
of  Article  62  on  accidents  at  work  and  occupational  diseases:  Article  62  (1)  to  (5) 
which cover only persons employed in international transport is no longer necessary 
following the introduction of the European Health Insurance Card and the alignment 
of rights to sickness benefits by Regulation 631/2004 to all insured persons. Article 
62 (6) and (7) states that the individual must submit to the institution of the place of 
stay  a  certified  statement  stating  the  he/she  is  entitled  to  benefits  in  kind.  As  the 
identical obligation for sickness benefits has been replaced by the possibility to have 
direct access to medical care without having to contact the institution of the place of 
stay before, the same should apply for benefits of accidents at work and occupational 
diseases. 

Amendment of Article 63 (2) 

Article 63 (2) will need to be amended to reflect the deletion of paragraphs (5) and 
(6) of Article 60. 

Amendment of Article 66 (1) 

Article  66  (1)  will  need  to  be  amended  to  reflect  the  deletion  Article  20  by 
Regulation 631/2004. 

Article 3 

Entry into force 

As the provisions of bilateral agreements listed in Annex III involving new Member 
States  continue  to  apply  and  are  not  replaced  by  Regulation  1408/71  as  of  its 
application in the new Member States, these amendments need to apply from the date 
of accession 1 May 2004. 

3. 

1. 

COMMENTS ON THE ANNEX 

Amendment of Annex I section I 

Annex  I  section  I  defines  the  meaning  of  the  term  "member  of  the  family"  where 
national legislation does not enable members of the family to be distinguished from 
other persons. 

The  wording  under  the  heading  "V.  SLOVAKIA"  should  be  adapted  to  reflect  the 
adoption of the new Act No 600/2003 Coll. on child allowance and the amendment 
to the Act No 461/2003 Coll. on social insurance. 

2. 

Amendment of Annex II section I 

Annex  II  section  I  lists  the  special  schemes  for  self-employed  persons  which  are 
excluded  from  the  scope  of  the  Regulation  pursuant  to  the  fourth  subparagraph  of 
Article 1 (j). 

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Changes in the relevant French legislation have moved the initiative for establishing 
some of the schemes currently listed under heading "H. FRANCE" from the groups 
concerned  to  the  national  legislator.  As  a  consequence,  they  no  longer  fulfil  the 
condition  for  an  exclusion  from  Regulation  1408/71,  as  required  by  the  fourth 
subparagraph of Article 1 (j), but are within the normal scope of the Regulation. The 
reference under heading "H. FRANCE" must be amended accordingly. 

3. 

Amendments to Annex II section II 

Annex  II  section  II  lists  the  special  childbirth  or  adoption  allowances  which  are 
excluded from the scope of the Regulation, including its rules on exporting benefits. 

The  Estonian  legislature  grants  a  lump-sum  family  benefit  which  intends  to 
compensate the one-off expenses related to the adoption of a child. It meets the same 
objectives as the adoption allowances cited in Article 1 u) i) of Regulation (EEC) No 
1408/71 and referred to in Annex II section II. The reference under the heading "E. 
ESTONIA" should be amended to take this into account. 

Latvian  law  has  been  amended  to  introduce  a  new  child  adoption  allowance  which 
consists  of  a  lump-sum  payment  for  adopting  a  child  who  has  been  placed  in 
institutional  care  before  adoption.  The  reference  under  the  heading  "L.  LATVIA" 
should be amended to take this into account. 

As a consequence of the ruling of the Court of Justice of the European Communities 
in the case Leclere C-43/99, the Luxembourg childbirth allowances should no longer 
be  considered  to  be  special  childbirth  allowances  excluded  from  the  scope  of  the 
Regulation but rather as exportable family benefits. They should therefore be deleted 
from the heading "N. LUXEMBOURG". 

Polish  law  has  been  amended  to  introduce  a  one-time  additional  benefit  to  family 
allowances, intended to cover the additional cost related to childbirth. The reference 
under the heading "S. POLAND" should be amended to take this into account. 

4. 

Amendments to Annex IIa 

Annex  IIa  contains  special  non-contributory  benefits  granted  to  the  persons 
concerned  exclusively  in  the  territory  of  the  Member  State  in  which  they  reside, 
under the terms of Article 10a of Regulation (EEC) No 1408/71. 

German  law  has  been  amended  to  introduce  a  basic  provision  for  jobseekers, 
replacing  the  current  unemployment  benefit  and,  in  part,  the  subsistence  allowance 
under social assistance. This "unemployment benefit II" is a mixed benefit containing 
elements  of  social  security  and  social  assistance  and  is  non-contributory  as  it  is 
financed  by  the  government,  thus  fulfilling  the  criteria  to  be  considered  a  special 
non-contributory  benefit.  It  should  be  referred 
the  heading  "D. 
GERMANY".  However,  for  persons  who  had  previously  received  contributory 
unemployment  benefits,  the  unemployment  benefit  II  comprises,  for  the  first  two 
years, a supplement which is a percentage of the difference between the previous – 
contributory  -  unemployment  benefit  and  the  unemployment  benefit  II.  With  this 
supplement,  the  benefit  is  –  indirectly  –  linked  to  previous  income.  Therefore,  the 

to  under 

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reference  under  the  heading  "D.  GERMANY"  does  not  refer  to  unemployment 
benefit II in case of eligibility for this supplement. 

Latvian law has been amended to substitute the previous Law on Social Assistance 
by the Law on State Social Benefits  for the purpose of  clarity. As it does not have 
any  effects  on  the  nature  of  the  two  benefits  currently  listed  in  Annex  IIa,  the 
reference under the heading "L. LATVIA" should be amended to reflect this change 
in the national legal base. 

In Poland, the legal base to grant the social pension currently included in Annex IIa 
has  been  amended  without  changing  the  nature  of  the  benefit.  The  reference  under 
the heading "S. POLAND" should be amended to take this into account. 

The Slovak legislature has abolished the Act on Social Security which had accrued 
the  entitlement  to  special  non-contributory  benefits  listed  in  Annex  IIa  and  has 
replaced it by a new Act. No new entitlements are arising under the new Act, but to 
apply  to  entitlements  already  arisen  under  the  old  Act,  the  reference  under  the 
heading  "V.  SLOVAKIA"  should  be  amended  to  reflect  this  change  in  national 
legislation. 

5. 

Amendments to Annex III 

Listed  in  Annex  III  are  provisions  of  existing  bilateral  agreements  which  were  in 
force prior to the application of the Regulation in the Member State concerned. Part 
A  lists  the  provisions  of  bilateral  agreements  which  continue  to  apply,  despite  the 
fact that the provisions of bilateral agreements are generally replaced by Regulation 
(EEC)  1408/71,  and  Part  B  lists  those  provisions  of  bilateral  agreements  which  do 
not apply to all persons to whom the Regulation applies. 

Those  modifying  entries  made  to  Annex  III  Part  A  and  B  by  the  Accession  Treaty 
which indicate either that no bilateral agreements exist, or that a bilateral agreement 
exists but that none of its provisions fulfil the conditions to be listed in either Part, 
should be deleted. They are not necessary for the application of Regulation 1408/71 
and  make  reading  Annex  III  difficult.  Deleting  these  entries  coincides  with  the 
proposed  modifications  to  Annex  III  Part  A  and  B  by  Commission  proposal  COM 
(2003)  468  final  regarding  Regulation  1408/71  prior  to  accession.  All  remaining 
entries should be renumbered. 

To enter provisions to Annex III Part A can only be justified in two cases: where the 
provisions  in  question  produce  favourable  effects  for  the  beneficiaries  of  the 
agreement  concerned,  thus  reflecting  the  case  law  of  the  Court;  or  where  the 
provisions  in  question  respond  to  specific,  exceptional  circumstances,  usually 
historical, and the effects are limited in time by the exhaustion of potential rights for 
persons concerned by the specific situation in question.  

The  bilateral  agreements  between  the  Czech  Republic  and  Germany,  between  the 
Czech  Republic  and  Cyprus,  between  the  Czech  Republic  and  Luxembourg  and 
between  the  Czech  Republic  and  Slovakia,  as  well  as  between  Germany  and 
Slovakia,  Luxembourg  and  Slovakia,  and  Austria  and  Slovakia  contain  provisions 
which fulfil these conditions. Therefore, the respective headings should be amended. 

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Entries  in  Annex  III  Part  B  should  be  limited  to  exceptional,  objective  situations, 
justifying derogation from Article 3 (1) of the Regulation and Articles 12, 39 and 42 
of the Treaty. 

Provisions  of  bilateral  agreement  between  the  Czech  Republic  and  Cyprus,  and 
between Austria and Slovakia fulfil these requirements. 

As  these  provisions  of  bilateral  agreements  which  applied  at  the  time  of  accession 
shall continue to apply because they are included in Annex III, it is necessary that the 
reference has retroactive effect as of the date of accession. 

6. 

Amendment of Annex IV 

Annex IV, part A, contains the list of those "legislations referred to in Article 37 (1) 
of the Regulation under which the amount of invalidity benefits is independent of the 
length of periods of insurance". 

In  the  Czech  Republic,  the  level  of  invalidity  pensions  depends  on  the  length  of 
insurance periods (type "B"-system), with the exception of the full disability pension 
for persons whose complete disability arose before reaching 18 years of age and who 
were not insured for the required period. This benefit is provided under the pension 
insurance system but without any insurance deductions and thus should be included 
under the heading "B. CZECH REPUBLIC". 

Annex IV, part C lists the "cases referred to in Article 46 (1) (b) of the Regulation 
where the calculation of benefits in accordance with Article 46 (2) of the Regulation 
may be waived" as the double pension calculation will never lead to a higher result. 

Under Czech legislation, survivors' benefits can be calculated not only on the basis of 
the invalidity or old-age pensions  which the deceased person actually received,  but 
also on the basis of the invalidity or old-age pension to which the deceased person 
would have been entitled at the time of death. In this case, the "pro rata" calculation 
according to Article 46 (2) of the Regulation regarding the old-age pension may be 
higher than under national calculation and makes a double calculation necessary. The 
current entry under the heading "B. CZECH REPUBLIC" needs to be amended. 

Under  Estonian  legislation,  pensions  based  on  insurance  periods  acquired  until  31 
December 1998 consist of two parts, one of which is a basic lump-sum amount. In 
such cases, the national calculation of a pension will always lead at least to the same 
amount as a calculation according to Article 46 (2) of the Regulation. Therefore, the 
heading "E. ESTONIA" should be amended accordingly. 

Annex  IV  part  D  lists  the  benefits  and  agreements  referred  to  in  the  special 
provisions of Article 46b (2) of the Regulation regarding the overlapping of benefits 
of the same kind in two or more Member States. 

As Slovak legislation has been amended, abolishing the institute of "partial invalidity 
pension", the current entry in Annex IV, part D, under point 2) g) should be amended 
accordingly. 

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7. 

Amendments to Annex VI 

Annex VI sets out particular methods for applying the legislation of certain Member 
States. 

Point  4  (b)  under  the  heading  "Q.  THE  NETHERLANDS"  should  be  amended  to 
make  clear  that  the  decisive  factor  to  determine  whether  a  benefit  should  be 
calculated under  the Dutch invalidity  insurance for employed persons, or under the 
Dutch  invalidity  insurance  for  self-employed  persons,  is  whether  the  person 
concerned was, at the time the incapacity for work occurred, engaged in work as an 
employed or self-employed person. 

The  entry  under  Point  7  of  the  heading  "Q.  THE  NETHERLANDS",  regarding  the 
determination  of  the  applicable  social  security  legislation,  should  be  amended  to 
reflect  that  the  Dutch  Supreme  Court  has  extended  the  qualification  of  certain 
persons  as  employed  or  self-employed  person  to  other  group  of  persons.  This 
concerns persons who pursue an activity in the Netherlands for which they are, under 
national law, at the same time affiliated to an employed and a self-employed scheme. 

4. 

APPLICATION IN THE COUNTRIES OF THE EUROPEAN ECONOMIC AREA AND IN THE 
SWISS CONFEDERATION 

The free movement of persons is one of the objectives and principles of the Agreement on the 
European Economic Area (EEA) which came into force on 1 January 19944. In Chapter 1 of 
the third part, concerning the free movement of persons, services and capital, Articles 28, 29 
and  30  deal  with  the  free  movement  of  employed  and  self-employed  workers.  Article  29, 
more  specifically,  restates  the  principles  listed  in  Article  42  of  the  EC  Treaty  in  respect  of 
social  security  for  persons  moving  within  the Community.  Consequently this  proposal for a 
Regulation must, if it is adopted, apply in the EEA member countries. 

The  Agreement  between  the  European  Community  and  its  Member  States,  of  the  one  part, 
and the Swiss confederation, of the other part, on the free movement of persons, which came 
into force on 1 June 20025, contains an Article 8 which restates the principles listed in Article 
42 of the EC Treaty in respect of social security for persons moving within the Community. 
Consequently  this  proposal  for  a  Regulation  must,  if  it  is  adopted,  apply  in  the  Swiss 
Confederation. 

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OJ L 1, 3.1.1994, as amended by Decision of the EEA Joint Committee No 7/94 of 21.3.1994 (OJ L 
160, 28.6.1994) 
OJ L 114, 30.4.2002 

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2004/0284 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

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

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
42 and 308 thereof, 

Having regard to the proposal from the Commission6, 

Having regard to the opinion of the European Economic and Social Committee7, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 

Whereas: 

(1)  With the entry into force of Regulation (EC) No 631/2004 of the European Parliament 
and  of  the  Council9,  access  to  sickness  benefits  in  kind  during  a  temporary  stay  in 
another Member State no longer requires additional formalities other than presentation 
of  a  document.  These  extra  requirements,  specifically  the  obligation  to  submit 
systematically  and  in  advance  a  certified  statement  to  the  institution  of  the  place  of 
stay  certifying  entitlement  to  benefits  in  kind  and  completing  extra  formalities  on 
arrival in the territory of the other Member State, was required formally, but was not 
applied  in  practice.  The  same  formal  obligation  still  exists  for  obtaining  benefits  in 
respect  of  accidents  at  work  and  occupational  diseases  during  a  stay  in  a  different 
Member State and also appears to be needlessly restrictive and of a nature to hamper 
the free movement of the persons concerned. It is therefore appropriate to extend the 
simplified procedures to the provisions on benefits in respect of accidents at work and 

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OJ C […] […], p.[…] 
OJ C […] […], p.[…] 
OJ C […] […], p.[…] 
OJ L 100, 6.4.2004, p. 1. 

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occupational  diseases  contained  in  Council  Regulation  (EEC)  No  1408/7110  and 
Council Regulation (EEC) No 574/7211.  

In  order  to  take  account  of  changes  in  the  legislation  of  certain  Member  States,  in 
particular  in  the  new  Member  States  since  the  end  of  accession  negotiations,  the 
Annexes  to  Regulation  (EEC)  No  1408/71  need  to  be  adapted.  Certain  changes  also 
need to be made to Regulation (EEC) No 574/72. 

Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 should therefore be 
amended accordingly. 

In order to ensure legal certainty and to protect the legitimate expectations of persons 
affected,  it  is  necessary  to  provide  that  certain  provisions  modifying  Annex  III  of 
Regulation 1408/71 shall take effect retrospectively from 1 May 2004. 

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

(2) 

(3) 

(4) 

(5) 

HAVE ADOPTED THIS REGULATION: 

Annexes I, II, IIa, III, IV and VI to Regulation (EEC) No 1408/71 are amended in accordance 
with the Annex to this Regulation. 

Article 1 

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

Article 2 

(1) 

(2) 

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In Article 60, paragraphs 5 and 6are deleted. 

Article 62 is replaced by the following: 

"Article 62 

Benefits  in  kind  in  the  case  of  a  stay  in  a  Member  State  other  than  the  competent 
State 

(1) 

In  order  to  receive  benefits  in  kind  under  Article  55  (1)  (a)  (i)  of  the 
Regulation,  an  employed  or  self-employed  person  shall  submit  to  the  care 

OJ L 149 of 5.7.1971, Regulation updated by Regulation (EC) No 118/97 (OJ L 28, 30.1.1997, p. 1), 
last amended by the Regulation (EC) No 631/2004 of the European Parliament and of the Council (OJ L 
100,  6.4.2004)  and  repealed  with  effect  from  the  date  of  entry  into  force  of  the  Implementing 
Regulation by Regulation (EC) No 883/2004 of the European Parliament and of the Council (OJ L 166, 
30.4.2004) 
OJ L 74 of 27.3.1972, Regulation updated by Regulation (EC) No 118/97 (OJ L 28, 30.1.1997, p. 1) 
and last amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council (OJ 
L 100, 6.4.2004) 

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provider  a  document  issued  by  the  competent  institution  certifying  that  he  is 
entitled  to  benefits  in  kind.  That  document  shall  be  drawn  up  in  accordance 
with Article 2. If the person concerned is not able to submit that document, he 
shall  contact  the  institution  of  the  place  of  stay  which  shall  request  from  the 
competent institution a certified statement testifying that the person concerned 
is entitled to benefits in kind.   

A  document  issued  by  the  competent  institution  for  entitlement  to  benefits  in 
accordance with Article 55 (1) (a) (i) of the Regulation, in each individual case 
concerned,  shall  have  the  same  effect  with  regard  to  the  care  provider  as 
national evidence of the entitlements of the persons insured with the institution 
of the place of stay." 

(2)  Article 60 (9) of the implementing Regulation shall apply by analogy." 

(3) 

Article 63 (2) is replaced by the following: 

"2. Article 60 (9) of the implementing Regulation shall apply by analogy." 

(4) 

In  Article  66  (1),  the  words  "in  Articles  20  and  21"  are  replaced  by  the  words  "in 
Article 21". 

Article 3 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union.  

Point 5 (a) (ii) to (ix) and point 5 (b) (ii) and (iv) of the Annex shall apply from 1 May 2004. 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX  

The annexes to Regulation (EEC) No 1408/71 are amended as follows: 

1. 

In Annex I section II, the section "V. SLOVAKIA" is replaced by the following: 

"V. SLOVAKIA 

For  the  purpose  of  determining  entitlement  to  benefits  in  kind  pursuant  to  the 
provisions of Chapter 1 of title III of the Regulation, "member of the family" means a 
spouse and/or a dependent child as defined by the Act on child allowances". 

2. 

In Annex II section I, the section "H. FRANCE" is replaced by the following: 

“H. FRANCE 

1. 

Supplementary  benefit  schemes  for  self-employed  persons  in  craft-trade, 
industrial or commercial occupations or the liberal professions, supplementary 
old-age insurance schemes for self-employed persons in the liberal professions, 
supplementary  insurance  schemes  for  self-employed  persons  in  the  liberal 
professions  covering  invalidity  or  death,  and  supplementary  old-age  benefit 
schemes  for  contracted  medical  practitioners  and  auxiliaries,  as  referred  to 
respectively in Articles L.615-20, L.644-1, L.644-2, L.645-1 and L.723-14 of 
the Social Security Code. 

2. 

Supplementary  sickness  and  maternity  insurance  schemes  for  self-employed 
workers in agriculture, as referred to in Article L.727-1 of the Rural Code.” 

3. 

Annex II section II is amended as follows: 

(a)  Section "E. ESTONIA" is replaced by the following: 

"E. ESTONIA  

(a)  Childbirth allowance 

(b)  Adoption allowance" 

(b)  Section "L. LATVIA" is replaced by the following: 

"L. LATVIA 

(a)  Childbirth grant 

(b)  Child adoption allowance" 

(c)  Section "N. LUXEMBOURG" is replaced by the following: 

"N. LUXEMBOURG 

None" 

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(d)  Section "S. POLAND" is replaced by the following: 

"S. POLAND 

Childbirth supplement (Act of 28 November 2003 on family benefits)". 

4. 

Annex IIa is amended as follows: 

(a)  Under the heading "D. GERMANY", the word "none" shall be replaced by: 

"Benefits  to  cover  subsistence  costs  under  the  basic  provision  for  jobseekers 
unless,  with  respect  to  these  benefits,  the  eligibility  requirements  for  a 
temporary  supplement  following  receipt  of  unemployment  benefit  (Article  24 
(1) of Book II of the Social Code) are fulfilled” 

(b)  Section "L. LATVIA" is replaced by the following: 

"L. LATVIA 

(a)  State Social Security Benefit (Law on State Social Benefits of 1 January 

2003) 

(b)  Allowance for the compensation of transportation expenses for disabled 
persons  with  restricted  mobility  (Law  on  State  Social  Benefits  of  1 
January 2003)" 

(c)  Section "S. POLAND" is replaced by the following: 

"S. POLAND 

Social pension (Act of 27 June 2003 on social pension)" 

(d)  Section "V. SLOVAKIA" is replaced by the following: 

"V. SLOVAKIA 

Adjustment  of  pensions  as  the  sole  source  of  income  with  their  entitlement 
arisen according to the Act No 100/1998 Coll." 

5. 

Annex III is amended as follows: 

(a)  Part A is amended as follows: 

(i)  The following points are deleted: 

Points 1, 4, 10, 11, 12, 14, 15, 18, 20, 21, 25, 27, 28, 29, 30, 31, 32, 34, 
35, 37, 38, 39, 41, 42, 43, 45, 46, 47, 49, 55, 56, 57, 59, 60, 63, 65, 66, 
70, 76, 77, 78, 81, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 
104,  105,  106,  107,  108,  109,  110,  115,  116,  117,  119,  120,  123,  125, 
126,  133,  134,  135,  137,  138,  141,  143,  144,  150,  151,  152,  154,  155, 
158,  160,  161,  166,  167,  168,  170,  171,  174,  176,  177,  181,  182,  183, 
185,  186,  189,  192,  196,  197,  198,  199,  200,  201,  202,  203,  204,  205, 
206,  207,  208,  209,  210,  211,  212,  213,  214,  215,  216,  217,  218,  219, 

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220,  221,  222,  223,  224,  225,  226,  227,  228,  229,  230,  231,  232,  233, 
234,  235,  236,  239,  241,  246,  247,  249,  250,  252,  253,  254,  255,  256, 
257,  258,  259,  260,  261,  262,  263,  264,  266,  268,  269,  280,  281,  282, 
283, 284, 285, 286, 287, 291, 292, 293, 294, 295, 296, 297. 

(ii)  The following numberings are changed: 

of the heading BELGIUM-GERMANY from '3' to '1', 

of the heading BELGIUM-FRANCE from '7' to '2, 

of the heading CZECH REPUBLIC-GERMANY from '26' to '3', 

of the heading CZECH REPUBLIC-CYPRUS from '33' to '4', 

of the heading CZECH REPUBLIC-LUXEMBOURG from '36' to '5', 

of the heading CZECH REPUBLIC-AUSTRIA from '40' to '6', 

of the heading CZECH REPUBLIC-SLOVAKIA from '44' to '7', 

of the heading DENMARK-FINLAND from '67' to '8', 

of the heading DENMARK-SWEDEN from '68' to '9', 

of the heading GERMANY-GREECE from '71' to '10', 

of the heading GERMANY-SPAIN from '72' to '11', 

of the heading GERMANY-FRANCE from '73' to '12', 

of the heading GERMANY-LUXEMBOURG from '79' to '13', 

of the heading GERMANY-HUNGARY from '80' to '14', 

of the heading GERMANY-NETHERLANDS from '82' to '15', 

of the heading GERMANY-AUSTRIA from '83' to '16', 

of the heading GERMANY-POLAND from '84' to '17', 

of the heading GERMANY-SLOVENIA from '86' to '18', 

of the heading GERMANY-SLOVAKIA from '87' to '19', 

of the heading GERMANY-SWEDEN from '89' to '20', 

of the heading GERMANY-UNITED KINGDOM from '90' to '21', 

of the heading SPAIN-PORTUGAL from '142' to '22', 

of the heading FRANCE-ITALY from '149' to '23', 

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of the heading IRELAND-UNITED KINGDOM from '180' to '24', 

of the heading ITALY-SLOVENIA from '191' to '25', 

of the heading LUXEMBOURG-SLOVAKIA from '242' to '26', 

of the heading HUNGARY-AUSTRIA from '248' to '27', 

of the heading HUNGARY-SLOVENIA from '251' to '28', 

of the heading NETHERLANDS-PORTUGAL from '267' to '29', 

of the heading AUSTRIA-POLAND from '273' to '30', 

of the heading AUSTRIA-SLOVENIA from '275' to '31', 

of the heading AUSTRIA-SLOVAKIA from '276' to '32', 

of the heading PORTUGAL-UNITED KINGDOM from '290' to '33' and 

of the heading FINLAND-SWEDEN from '298' to '34'. 

(iii)  Under the heading "3. CZECH REPUBLIC–GERMANY", the words "no 

convention" are replaced by the following: 

"Article 39 (1) (b) and (c) of the Agreement on Social Security of 27 July 
2001; 
Point 14 of the Final Protocol to the Agreement on Social Security of 27 
July 2001" 

(iv)  Under the heading "4. CZECH REPUBLIC-CYPRUS", the word "none" 

is replaced by the following: 

"Article 32 (4) of the Agreement on Social Security of 19 January 1999" 

(v)  Under the heading "5. CZECH REPUBLIC–LUXEMBOURG", the word 

"none" is replaced by the following: 

"Article 52 point 8 of the Convention of 17 November 2000" 

(vi)  Section  "7.  CZECH  REPUBLIC–SLOVAKIA"  is  replaced  by  the 

following: 

"7. CZECH REPUBLIC–SLOVAKIA   

Articles 12, 20 and 33 of the Convention on social security of 29 October 
1992" 

(vii)  Under  the  heading  "19.  GERMANY-SLOVAKIA  ",  the  words  "no 

convention" shall be replaced by the following: 

"Article  29  (1)  points  2  and  3  of  the  Agreement  of  12  September  2002

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Paragraph  9  of  the  Final  Protocol  to  the  Agreement  of  12  September 
2002" 

(viii)  Under  the  heading  "26.  LUXEMBOURG-SLOVAKIA"  the  words  "no 

convention" are replaced by the following: 

"Article 50 paragraph 5 of the Treaty on social security of 23 May 2002" 

(ix)  Under  the  heading  "32.  AUSTRIA-SLOVAKIA",  the  words  "no 

convention" are replaced by the following: 

"Article  34  (3)  of  the  Agreement  of  21  December  2001  on  social 
security". 

(b)  Part B is amended as follows: 

(i)  The following points are deleted: 

Points 1, 4, 10, 11, 12, 14, 15, 18, 20, 21, 25, 26, 27, 28, 29, 30, 31, 32, 
34, 35, 36, 37, 38, 29, 41, 42, 43, 44, 45, 46, 47, 49, 55, 56, 57, 59, 60, 
63, 65, 66, 70, 76, 77, 78, 81, 84, 87, 91, 92, 93, 94, 95, 96, 97, 98, 99, 
100,  101,  102,  103,  104,  105,  106,  107,  108,  109,  110,  115,  116,  117, 
119,  120,  123,  125,  126,  133,  134,  135,  137,  138,  141,  143,  144,  150, 
151, 152, 154, 155, 158, 160, 161, 166, 167, 168, 170, 171 174, 176, 177, 
181,  182,  183,  185,  186,  189,  192,  196,  197,  198,  199,  200,  201,  202, 
203,  204,  205,  206,  207,  208,  209,  210,  211,  212,  213,  214,  215,  216, 
217,  218,  219,  220,  221,  222,  223,  224,  225,  226,  227,  228,  229,  230, 
231,  232,  233,  234,  235,  236,  239,  241,  242,  246,  247,  249,  250,  252, 
253,  254,  255,  256,  257,  258,  259,  260,  261,  262,  263,  264,  266,  268, 
269,  280,  281,  282,  283,  284,  285,  286,  287,  291,  292,  293,  294,  295, 
296, 297. 

(ii)  The following numberings are changed: 

of the heading CZECH REPUBLIC-CYPRUS from '33' to '1', 

of the heading CZECH REPUBLIC-AUSTRIA from '40' to '2', 

of the heading GERMANY-HUNGARY from '80' to '3', 

of the heading GERMANY-SLOVENIA from '86' to '4', 

of the heading ITALY-SLOVENIA from '191' to '5', 

of the heading HUNGARY-AUSTRIA from '248' to '6', 

of the heading HUNGARY-SLOVENIA from '251' to '7', 

of the heading AUSTRIA-POLAND from '273' to '8', 

of the heading AUSTRIA-SLOVENIA from '275' to '9' and 

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of the heading AUSTRIA-SLOVAKIA from '276' to '10'. 

(iii)  Under the heading "1. CZECH REPUBLIC-CYPRUS", the word "none" 

is replaced by the following: 

"Article 32 (4) of the Agreement on Social security of 19 January 1999" 

(iv)  Under  the  heading  "10.  AUSTRIA-SLOVAKIA  ",  the  words  "No 

convention" are replaced by the following: 

"Article  34  (3)  of  the  Agreement  of  21  December  2001  on  social 
security". 

6. 

Annex IV is amended as follows: 

(a) 

In Section A, under the heading "B. CZECH REPUBLIC", the word "None" is 
replaced by the following: 

"Full  disability  pension  for  persons  whose  complete  disability  arose  before 
reaching  eighteen  years  of  age  and  who  were  not  insured  for  the  required 
period (Section 42 of the Pension Insurance Act No 155/1995 Coll.)". 

(b)  Section C is amended as follows: 

(i) 

Section "B. CZECH REPUBLIC" is replaced by the following: 

"B. CZECH REPUBLIC 

Invalidity  (full  and  partial)  and  survivors'  (widows',  widowers'  and 
orphans') pensions in case they are not derived from the old age pension 
to which the deceased would be entitled at the time of his death". 

(ii)  Under  the  heading  "E.  ESTONIA",  the  word  "None"  is  replaced  by  the 

following: 

"All applications for invalidity, old age and survivors' pensions for which 

- 

- 

periods  of  insurance  in  Estonia  have  been  completed  up  to 
December 31, 1998 

person  social  tax  of  the  applicant  paid  according  to  the  Estonian 
legislation  is  at  least  average  social  tax  for  the  relevant  year  of 
insurance". 

(c) 

In Section D, point 2) (g) is replaced by the following: 

"(g)  Slovak invalidity pension and survivors' pension derived thereof" 

7. 

Annex VI is amended as follows: 

(a)  Under the heading "Q. THE NETHERLANDS", point 4) (b) is replaced by the 

following: 

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"b) 

If,  pursuant  to  subparagraph  (a),  the  person  concerned  is  entitled  to  a 
Dutch  invalidity  benefit,  the  calculation  of  benefits  as  referred  to  in 
Article 46(2) of the Regulation shall be carried out: 

(i) 

(ii) 

in accordance with the provisions laid down in the WAO if, prior to 
the  occurrence  of  the  incapacity  for  work,  the  person  concerned 
was  last  engaged  in  work  as  an  employed  person  within  the 
meaning of Article 1(a) of the Regulation; 

in  accordance  with  the  provisions  laid  down  in  the  Invalidity 
Insurance  (Self-Employed  Persons)  Act  (WAZ)  if,  prior  to  the 
occurrence  of  the  incapacity  for  work,  the  person  concerned  was 
last engaged in work in a capacity other than that of an employed 
person within the meaning of Article 1(a) of the Regulation." 

(b)  Under  the  heading  "Q.  THE  NETHERLANDS",  point  7)  is  replaced  by  the 

following: 

“7. For the purposes of applying Title II of the Regulation, a person regarded as 
an employed person within the meaning of the 1964 Wage Tax Act and who is 
insured  on  this  basis  for  national  insurance,  is  considered  to  be  pursuing 
activities in paid employment”. 

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