CELEX: 51990PC0335
Language: en
Date: 1990-07-24
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1408/71 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS, TO SELF-EMPLOYED PERSONS AND TO MEMBERS OF THEIR FAMILIES MOVING WITHIN THE COMMUNITY AND REGULATION ( EEC ) NO 574/72 LAYING DOWN THE PROCEDURE FOR IMPLEMENTING REGULATION ( EEC ) NO 1408/71

5. 9. 90                                Official Journal of the European Communities                              No C 221/3
                                                                II
                                                        (Preparatory Acts)
                                                   COMMISSION
               Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1408/71 on the
               application of social security schemes to employed persons, to self-employed persons and to
               members of their families moving within the Community and Regulation (EEC) No 574/72
                         laying down the procedure for implementing Regulation (EEC) No 1408/71
                                                       COM(90) 335 final
                                        (Submitted by the Commission on 3 August 1990)
                                                          (90/C 221/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            order to protect migrant workers, provision should be
                                                                    made to ensure that if under the legislation of a Member
                                                                     State recognition of a period as a period of insurance
 Having regard to the Treaty establishing the European              depends solely on the condition that the person
 Economic Community, and in particular Articles 51 and              concerned should reside in that Member State, this
235 thereof,                                                        condition is deemed to be satisfied in so far as Annex VI
                                                                    to Regulation (EEC) No 1408/71 so provides;
 Having regard to the proposal from the Commission
drawn      up    after     consulting    the    Administrative      Whereas the amendments made to Article 57 of Regu-
Commission on Social Security for Migrant Workers,                  lation (EEC) No 1408/71 by Regulation (EEC) No
                                                                    2332/89 (5) make it necessary to amend Article 12 (4) of
                                                                    Regulation (EEC) No 1408/71;
Having regard        to   the   opinion    of  the  European
Parliament,
                                                                    Whereas it has proved necessary, following the judgment
                                                                    of the Court of Justice in Case 302/84 (Ten Holder), to
Having regard to the opinion of the Economic and                    insert a new subparagraph (f) in Article 13 (2) of Regu-
Social Committee,                                                   lation (EEC) No 1408/71 in order to determine what
                                                                    legislation is applicable to persons to whom one Member
                                                                    State's legislation ceases to be applicable without the
                                                                    legislation of another Member State becoming applicable
Whereas it is necessary to amend Council Regulations                to them, in accordance with one of the rules laid down
(EEC) No 1408/71 (») and (EEC) No 574/72 (2), as                    in the previous subparagraphs of the same Article 13 (2)
updated by Regulation (EEC) No 2001/83 (5) and last                 or one of the exceptions provided for in Articles 14 to 17
amended by Regulation (EEC) No 3427/89 ( 4 ); whereas               of Regulation (EEC) No 1408/71; whereas this
certain of these amendments are connected with changes              amendment also makes it necessary to alter Article 17 of
made by the Member States in their social security legis-           the same Regulation;
lation while others are of a technical nature and are
intended to improve these Regulations in the light of
experience gained from implementing them;
                                                                    Whereas a new provision must be inserted in Regulation
                                                                    (EEC) No 1408/71 to exempt pensioners from the legis-
                                                                    lation of the State of residence when they are already
Whereas the definition of the term 'periods of insurance'
                                                                    entitled to sickness insurance, maternity and family
in Article 1 (r) of Regulation (EEC) No 1408/71 should
                                                                    benefits under the legislation of another Member State;
be amended to take account of recent developments in
the legislation of certain Member States; whereas, in
(') OJ  No L  149, 5. 7. 1971, p. 2.                                Whereas it has proved necessary, following the judgment
(2) OJ  No  L 74, 27. 3. 1972, p. 1.                                of the Court of Justice in Case 58/87 (Rebmann), to
O   OJ  No  L 230, 22. 8. 1983, p. 6.
(4) OJ  No  L 331, 16. 11. 1989, p. 1.                              (5) OJ No L 224, 2. 8. 1989, p. 1.
 ---pagebreak---  No C 221/4                           Official Journal of the European Communities                                   5. 9. 90
insert a new paragraph in Article 45 of Regulation              substance made in the German sickness insurance legis-
(EEC) No 1408/71 providing that the Member State in             lation and of the amendment of Article 1 (r) of Regu-
which the worker resides shall take account for pensions        lation (EEC) No 1408/71 by this Regulation;
purposes of periods of full unemployment completed by
this worker in respect of which benefits have been paid
by that State under Article 71 (1) (a) (ii) and (b) (ii) of     Whereas, following the insertion in this Regulation of
 Regulation (EEC) No 1408/71;                                   the new Article 13 (2) (f) of Regulation (EEC) No
                                                                 1408/71, section G. Ireland and section L. United
                                                                Kingdom of Annex VI to Regulation (EEC) No 1408/71
                                                                should be amended to clarify the implementation of this
Whereas a gap has been found in Regulation (EEC) No
                                                                new provision with respect to these two States;
 1408/71 in respect of the unemployed persons who were
formerly employed as mentioned in Article 71 (1) (a) (ii)
and (b) (ii) who reside in the territory of the same
Member State as the members of their families; whereas          Whereas section I. Luxembourg of Annex VI to Regu-
this gap should be filled by inserting a provision to the       lation (EEC) No 1408/71 should be amended to take
effect that the Member State of residence which provides        account of the changes made in the Luxembourg legis-
sickness and maternity benefits under Articles 25 (2) and       lation on old-age, invalidity and survivor's pension
39 (5) of Regulation (EEC) No 1408/71 shall also pay            insurance;
family benefits to the person concerned;
                                                                Whereas section J. Netherlands of Annex VI to Regu-
                                                                lation (EEC) No 1408/71 must be amended, both
Whereas the new version of Article 94 (9) of Regulation         because of the changes made in the Netherlands legis-
(EEC) No 1408/71, as introduced by Regulation (EEC)             lation on insurance for medical expenses and because of
No 3427/89, is less complete than the previous version in       changes in the arrangements for collection of contri-
so far as it omits to mention persons receiving benefits        butions and the abolition of the age limit for the obli-
more favourable than those resulting from application           gation to contribute to social insurance; whereas point 1
of Regulation (EEC) No 1408/71 under bilateral                  (b) of the same section must also be amended in the
agreements with France; whereas this gap should be              interests of clarity;
filled by inserting a provision safeguarding acquired
rights deriving from these bilateral conventions;
                                                                Whereas section L. United Kingdom of Annex VI to
                                                                Regulation (EEC) No 1408/71 should be amended as a
Whereas it seems necessary, following insertion by this         result of the abolition of the British maternity allowance,
Regulation of a new paragraph 8 in Article 45 of Regu-          the introduction of a new lump sum benefit for widows,
lation (EEC) No 1408/71, to give the person concerned           the change in the manner of calculating earnings giving
the right to ask for benefits awarded under the former          rise to class 1 national insurance contributions and the
system to be reviewed in his favour;                            introduction of the severe disablement allowance;
                                                                Whereas Article 4 (10) (a) and (b) of Regulation (EEC)
Whereas Annex I to Regulation (EEC) No 1408/71                  No 574/72 should be amended in order to take account
must be amended as a result of the transfer of responsi-        of the fact that the former paragraph 2 of Article 14d of
bility for medical services in Gibraltar;                       Regulation (EEC) No 1408/71 has become paragraph 3
                                                                by virtue of Article 1 of Regulation (EEC) No 3811/86
                                                                and to include a reference in Article 8 to the new Article
Whereas Annex IV to Regulation (EEC) No 1408/71                 10b of Regulation (EEC) No 574/72 inserted by this
must be amended because of the introduction in the              Regulation;
United Kingdom of a severe disablement allowance, the
value of which does not depend on the length of periods
of insurance;                                                   Whereas, following the insertion by this Regulation of
                                                                the new Article 13 (2) (f) stipulating that persons to
                                                                whom the legislation of a Member State ceases to apply
                                                                without the legislation of another Member State
Whereas section A. Belgium in Annex VI to Regulation
                                                                becoming applicable to them shall be subject to the legis-
(EEC) No 1408/71 should be amended in order to solve            lation of the Member State in whose territory they
the problem of conversion into Belgian francs of income         reside, a provision is required stipulating when and
received by self-employed persons in a foreign currency;        under what conditions this legislation ceases to be
                                                                applicable;
Whereas certain entries in section C. Germany in Annex
VI to Regulation (EEC) No 1408/71 must be amended               Whereas a reference to Article 14d (1) of Regulation
to take account both of several changes of form and             (EEC) No 1408/71 must be inserted in Article 107 (1)
 ---pagebreak--- 5. 9. 90                              Official Journal of the European Communities                              No C 221/5
(a) of Regulation (EEC) No 574/72 stipulating the               lation (EEC) No 1408/71 and 12a (7) and (8) of Regu-
conversion rate to be applied for collection of contri-         lation (EEC) No 574/72 for these States;
butions under this provision when it is necessary to
convert into national currency the earnings received by
an employed or self-employed person in the currency of          Whereas sections B. Denmark and C. Germany in Annex
another Member State;                                            10 to Regulation (EEC) No 574/72 should be amended
                                                                as necessary to take account of the division of the
                                                                 Danish National Social Security Office and the need to
                                                                delete the reference to Article 14c (1) of Regulation
Whereas section L. United Kingdom of Annex 1 to
                                                                 (EEC) No 1408/71 in point 2 (c) of section C. Germany
Regulation (EEC) No 574/72 should be amended as a
                                                                in Annex 10 to Regulation (EEC) No 574/72 following
result of the division of the Department of Health and
                                                                the amendments made by Regulation (EEC) No
Social Security in Great Britain into two separate
                                                                 3811/86;
departments;
                                                                Whereas section C. Germany in Annex 10 to Regulation
Whereas Annex 2 to Regulation (EEC) No 574/72                    (EEC) No 574/72 must be amended to take account of
should be amended in order to take account of organiz-           the fact that as from 1 January 1991 the German
ational changes in Denmark involving the division of the         accident insurance bodies will have sole responsibility for
Danish National Social Security Office, and of the              benefits in respect of accidents at work or occupational
transfer of responsibility for Gibraltar's medical services      diseases in Germany, of the fact that the former
and the division of the Department of Health and Social          paragraph 2 of Article 14d of Regulation (EEC) No
Security in Great Britain into two separate departments;         1408/71 has become paragraph 3 and of the change in
                                                                 the name of the German liaison body for sickness
                                                                 insurance;
Whereas Annex 3 of Regulation (EEC) No 574/72
should be amended in order to take account of the
division of the Danish National Social Security Office,         Whereas the former paragraph 2 of Article 14d of Regu-
                                                                 lation (EEC) No 1408/71 has become the new
of the fact that as from 1 January 1991 the German
                                                                 paragraph 3 and the references to this provision must
accident insurance bodies will have sole responsibility for
                                                                 therefore be corrected in sections F. Greece and I.
benefits for accidents at work or occupational diseases in
                                                                 Luxembourg in Annex 10 to Regulation (EEC) No
Germany and of the transfer of responsibility for
                                                                 574/72;
Gibraltar's medical services and the division of the
Department of Health and Social Security in Great
Britain into two separate departments;
                                                                Whereas section F. Greece in Annex 10 to Regulation
                                                                 (EEC) No 574/72 must be amended to take account of
                                                                 the transfer of competence between the Greek social
Whereas Annex 4 to Regulation (EEC) No 574/72 must               security institutions for mariners;
be amended to take account of the new function
assigned to the Belgian Accidents at Work Fund, which
is to act as the liaison body for accidents at work, the         Whereas section J. Netherlands and section L. United
division of the Danish National Social Security Office,          Kingdom in Annex 10 to Regulation (EEC) No 574/72
the change in the name of the German liaison body for            must be amended following the changes in the responsi-
sickness insurance and the division of the Department of         bilities of the Netherlands Social Insurance Council and
Health and Social Security in Great Britain into two             the division of the Department of Health and Social
separate departments;                                            Security in Great Britain into two separate departments,
Whereas Annex 5 to Regulation (EEC) No 574/72 must               HAS ADOPTED THIS REGULATION:
be amended because of the change in the agreement of
7 February 1964 between the Netherlands and Belgium
on family and childbirth allowances and in order to take                                    Article 1
account of the changes in the agreement of 20 July 1978
                                                                 Regulation (EEC) No 1408/71 is hereby amended as
between Germany and Luxembourg, which no longer
                                                                 follows:
covers benefits in kind for accidents at work and occupa-
tional diseases;
                                                                   1. In Article 1 (r) the following sentence is added after
                                                                       'as equivalent to periods of insurance':
Whereas the sections on Belgium, France, Greece,
Ireland and the United Kingdom in Annex 10 to Regu-
lation (EEC) No 574/72 should be amended in order to                   'If under the legislation of a Member State recog-
indicate the institutions designated by the competent                  nition of a period as a period of insurance depends
authorities for implementation of Articles 14c of Regu-                solely on the condition that the person concerned
 ---pagebreak--- No C 221/6                              Official Journal of the European Communities                                       5. 9. 90
     should reside in that Member State, this condition                 account only if periods of contribution have been
     shall be deemed to be satisfied in so far as Annex VI              completed in that country, this condition shall be
     so provides.'                                                      deemed to be fulfilled if the contribution periods
                                                                        have been completed in another Member State.
 2. In Article 12 (4), third line, 'of Article 57 (3) (c)' is
     replaced by 'of Article 57 (5)'.                                  Without prejudice to the second subparagraph, if
                                                                        this period cannot be taken into account under the
                                                                        said legislation, it shall be taken into account by the
 3. In Article 13 (2) the following subparagraph is                    competent institution of the Member State in the
     added:                                                            territory of which the person was last employed in
                                                                       accordance with the legislation administered by that
     '(f) A person to whom the legislation of a Member                 institution.'
           State ceases to be applicable without the legis-
           lation of another Member State becoming
           applicable to him, in accordance with one of the        7. The following Article is added             to Chapter      7,
           rules laid down in the aforegoing subparagraphs             Section 1:
           of this paragraph shall be subject to the legis-
           lation of the Member State in whose territory he
           resides in accordance with the provisions of that            'Article 72a
           legislation alone.'
                                                                       An employed person who has become fully unem-
4. Article 17 is replaced as follows:                                  ployed and to whom the provisions of Article 71 (1)
                                                                       (a) (ii) or (b) (ii), first sentences, apply shall, for the
                                                                       members of his family residing in the territory of the
      'Article 17
                                                                       same Member State as he, receive family benefits in
                                                                       accordance with the legislation of that State, as if he
     Exception to Articles 13 to 16                                    had been subject to that legislation during his last
                                                                       employment, taking account, where appropriate, of
    Two or more Member States, the competent auth-                     the provisions of Article 72. These benefits shall be
     orities of these States or the bodies designated by               provided by and at the expense of the institution of
     these authorities may by common agreement provide                 the place of residence.'
     for exceptions to the provisions of Articles 13 to 16
     in the interest of certain categories of persons or of
     certain persons.'                                             8. In Article 94, the following paragraph is added:
5. The following Article is added in Title II:                         '10.     The implementation of Article 73 shall not
                                                                       have the effect of reducing any rights existing at 15
      'Article 17a                                                     November 1989 in the territory of the Member State
                                                                      concerned. As regards persons who at that date are
                                                                      receiving more favourable benefits by virtue of
    The recipient of a pension due under the legislation
                                                                      bilateral agreements concluded between France and
    of a Member State or of pensions due under the
                                                                      Spain and France and Portugal, these agreements
    legislation of two or more Member States who
                                                                      shall continue to apply to such persons as long as
    resides in the territory of another Member State may
                                                                      they are subject to Spanish or Portuguese legislation.
    at his request be exempted from the legislation of the
                                                                      No account shall be taken of interruptions lasting
    latter State provided that he is not subject to that
                                                                      less than one month, nor of periods in which unem-
    legislation because of the pursuit of an occupation.'
                                                                      ployment or sickness benefit is drawn. The
                                                                      arrangements for implementing these provisions, and
6. In Article 45 the following paragraph is added:                    in particular the sharing of costs resulting from
                                                                      them, shall be laid down by agreement between the
                                                                      Member States concerned or their competent auth-
    '8.      A period of full unemployment of a worker to             orities after consultation with the Administrative
    whom Article 71 (1) (a) (ii) or (b) (ii), first                   Commission.'
    sentences, applies shall be taken into account by the
    competent institution of the Member State in whose
    territory the worker concerned resides in accordance
    with the legislation administered by that institution,         9. In Article 94, the following paragraph is added:
    as if that legislation applied to him during his last
    employment.                                                       '11.      The rights of persons to whom a pension was
                                                                      awarded prior to the entry into force of Article
    If the period of full unemployment in the country of              45 (8) may be reviewed at their request subject to
   residence of the person concerned can be taken into                the provisions of Article 45 (8).'
 ---pagebreak--- 5. 9. 90                                Official Journal of the European Communities                               No C 221/7
10. In Annex I, Part II, section L. UNITED                                 (ii) The present points 7, 8, 9, 10, 11, 12, 13,
     KINGDOM, entry (b), 'Group Practice Medical                                 14, 15 and 16 become points 6, 7, 8, 9, 10,
     Scheme Ordinance 1973' is replaced by 'Medical                              11, 12, 13, 14 and 15 respectively.
     (Gibraltar Health Authority) Ordinance 1987'.
                                                                          (iii) The new point 12 is replaced as follows:
11. In Annex IV, section L. UNITED K I N G D O M :                               '12. For the purposes of applying the
                                                                                      German legislation on compulsory
                                                                                      sickness insurance of pensioners as
      (i) Point (a) is replaced as follows:                                           provided for in Article 5(1) (11) of
                                                                                      volume V of the Social Insurance
                                                                                      Code (Fiinftes Buch Sozialgesetzbuch
          '(a) Great Britain                                                          — SGB V) and Article 56 of the
                                                                                      Sickness Insurance        Reform      Law
                 Sections 15 and 36 of the Social Security                            (Gesundheitsreformgesetz), periods of
                Act 1975.                                                             insurance or residence completed
                                                                                      under the legislation of another
                                                                                      Member State during which the person
                 Sections 14, 15 and 16 of the         Social                         concerned was entitled to sickness
                 Security Pensions Act 1975.'                                         benefits in kind are taken into
                                                                                      account, in so far as is necessary, as
                                                                                      periods of insurance completed under
     (ii) Point (b) is replaced as follows:                                           German legislation provided they do
                                                                                      not overlap with periods of insurance
                                                                                      completed under that legislation.'
          '(b) Northern Ireland
                                                                          (iv) the new point 13 is replaced as follows:
                 Sections 15 and 36 of the Social Security
                 (Northern Ireland) Act 1975.                                   '13. For the grant of cash benefits pursuant
                                                                                      to Article 47 (1) of volume V of the
                                                                                      German Social Insurance Code (SGB
                Articles 16, 17 and 18 of the Social Security                         V) and Article 200 (2) and Article
                 Pensions (Northern Ireland) Order 1975.'                             561 (1) of the German Law on Social
                                                                                      Insurance          (Reichsversicherungs-
                                                                                      ordnung — RVO), the German
12. Annex VI is amended as follows:                                                   institutions shall determine the net
                                                                                      remuneration to be taken into account
                                                                                      for the calculation of the benefits as
     (a) In section A. Belgium the following entry is                                 though the insured persons resided in
          added:                                                                      the Federal Republic of Germany.'
                                                                           (v) The following entry is added:
          '8. For the purposes of applying Articles 14a (2),
               (3) and (4) 14c (a) and 14d of Regulation
                                                                                '16. For the grant of benefits to persons
               (EEC) No 1408/71, business revenues in the
                                                                                      requiring close attendance under
               reference year which serve as a basis for
                                                                                      Articles 53 et seq. of volume V of the
               determining the contributions due by virtue
                                                                                      German Social Insurance Code (SGB
               of the social arrangements for self-employed
                                                                                      V), the institution of the place of
               persons shall be calculated using the mean
                                                                                      residence shall, for the provision of
               annual rate for the year during which this
                                                                                      assistance in the form of benefits in
               income was received.
                                                                                      kind, take account of periods of
                                                                                      insurance, employment or residence
                                                                                      completed under the legislation of
               The rate of conversion is the annual mean of
                                                                                      another Member State as if they were
               the conversion rates published in the Official
                                                                                      periods completed under the legis-
               Journal    of the European        Communities
                                                                                      lation applicable to that institution.'
               pursuant to Article 107 (5) of Regulation
               (EEC) No 574/72.'
                                                                         (vi) The following entry is added:
    (b) In section C. GERMANY:                                                  '17. A person in receipt of a pension under
                                                                                      German legislation and a pension
                                                                                      under the legislation of another
            (i) Point 6 is deleted.                                                   Member State shall be deemed, for the
 ---pagebreak--- No C 221/8                                 Official Journal of the European Communities                                         5. 9. 90
                      purposes of applying Article 27 of the                              the Luxembourg scheme after the date in
                      Regulation, to be entitled to sickness                              question.     Where      several     bilateral
                      and maternity benefits in kind if,                                  conventions apply, periods of insurance
                      under Article 8(1), point 4, of the                                or periods treated as such shall be taken
                      German Social Insurance Code (SGB                                   into consideration as from the earliest of
                      V), that person is exempted from                                   these dates.'
                      compulsory         sickness      insurance
                      (Krankenversicherung). 5                                 (ii) The following entry is added:
        (vii) The following entry is added:                                          '4. For the purpose of taking the insurance
                                                                                         period provided for in Article 171 (7) of
               '18. A period of insurance for child rearing                              the Social Insurance Code (Code des
                      under German legislation is valid even                             Assurances Sociales) into account, the
                      for a period during which the                                      Luxembourg institution shall recognize
                      employed person concerned brought                                  periods of insurance completed by the
                      up the child in another Member State                               person concerned under the legislation
                      provided that person was unable to                                 of any other Member State as if they
                      engage in occupational activity by                                 were periods completed under the legis-
                      virtue of Article 6(1) of the Protection                           lation which it administers.
                      of Mothers Law (Mutterschutzgesetz)
                      or took parental leave under Article 15                            Application of the foregoing provision
                      of the Federal Childrearing Allowance                              shall be subject to the condition that the
                      Law        (Bundeserziehungsgeldgesetz)                            person      concerned      last    completed
                      and did not engage in any minor                                    insurance periods under Luxembourg
                      (geringfiigig) employment within the                               legislation.'
                      meaning of Article 8 of SGB IV.'
                                                                         (e) In section J. NETHERLANDS:
   (c) In section G. IRELAND the following entry is
       added:                                                                   (i) in point 1 (b), 'at the time at which the
                                                                                     aforementioned Article is applicable to him'
       '10. A period of insurance completed unter Irish                              is deleted.
              legislation in accordance with Article
              13(2)(f) of the Regulation:                                      (ii) in point 1, the following subparagraph is
                                                                                     added:
               (i) shall not be taken into account under
                    this provision as a period of insurance                          '(d) Notwithstanding Article 1 (f) of Regu-
                    completed under Irish legislation for the                               lation 1408/71, the spouse of an
                    purposes of Title III of the Regulation;                                employed or self-employed person
                                                                                            subject to the legislation of a Member
              (ii) shall not make Ireland the competent                                     State other than the Netherlands who
                    State for the provision of benefits under                               is registered as a co-insured person
                   Articles 18, 38 or 39(1) of the Regu-                                    with a Netherlands sickness fund
                    lation.'                                                                (Ziekenfonds)    on behalf of the
                                                                                            competent institution of the other
                                                                                            Member State shall be deemed to
  (d) In section I. LUXEMBOURG:                                                             remain a member of that person's
                                                                                           family for the purposes of Article 19 (2)
        (i) Point 1 is replaced as follows:                                                of the Regulation after reaching the
                                                                                           age of 65. This provision is applicable
                                                                                           by analogy for the application of
             '1. Notwithstanding Article 94(2) of the                                      Article 28 of the Regulation to the
                  Regulation, periods of insurance or                                      spouse of a person receiving a pension
                  periods treated as such completed under                                  under the legislation of a Member State
                  Luxembourg legislation for invalidity,                                   other than the Netherlands.'
                  old-age or death pension insurance
                  either before 1 January 1946 or before
                  an earlier date stipulated by a bilateral                  (iii) In point 2, the following subparagraph is
                  convention       shall    be    taken     into                    added:
                  consideration for the purpose of applying
                  this legislation only if the person                               '(i) For the purposes of Article 46 (2) of
                  concerned demonstrates that he has                                       the Regulation, only periods of
                  completed six months of insurance under                                  insurance     completed       under      the
 ---pagebreak--- 5. 9. 90                                    Official Journal of the European Communities                              No C 221/9
                       Netherlands General Law on Old-Age                                            person concerned shall be
                       Insurance (AOW) shall be taken into                                           deemed to have paid contri-
                       account as periods of insurance.'                                             butions as an employed
                                                                                                     earner on the basis of
                                                                                                     earnings    equivalent      to
         (iv) In point 3, the following entry is inserted:                                           two-thirds of that week's
                                                                                                     upper earnings limit.
                '(a) (i) For the purposes of Article 46 (2) of
                           the Regulation, only periods of                                     (ii) For each week of insurance,
                           insurance completed under the                                             self-employment or residence
                           Netherlands     General      Law on                                      as a self-employed person
                           Insurance for Widows and Orphans                                         the person concerned shall
                           (AWW) shall be taken into account                                        be deemed to have paid class
                           as periods of insurance.'                                                2 contributions as a self-
                                                                                                    employed earner.
          (v) Point 3 (a) becomes point 3 (a) (ii).
                                                                                          (b) Periods from        6   April   1987
                                                                                               onwards:
    (f) In section L. UNITED KINGDOM
                                                                                                (i) For each week of insurance,
            (i) In point 3 (b), after 'if, pursuant to Title II                                     employment or residence as
                 of the Regulation', the following is added:                                        an employed person, the
                  'excluding Article 13 (2) (f)'-                                                   person concerned shall be
                                                                                                    deemed to have received,
                                                                                                    and paid contributions as an
           (ii) Point 4 is replaced as follows:
                                                                                                    employed earner for, weekly
                                                                                                    earnings     equivalent      to
                 '4. The widow's benefit provided under                                             two-thirds of that week's
                      United Kingdom legislation shall be                                           upper earnings limit.
                      treated, for the purposes of Chapter 3
                      of the Regulation, as a survivor's
                                                                                               (ii) For each week of insurance,
                      pension.'
                                                                                                    self-employment or residence
                                                                                                    as a self-employed person
          (iii) In point 5, after 'in accordance with Title                                         the person concerned shall
                 II of the Regulation', the following is                                            be deemed to have paid class
                 added: 'excluding Article 13 (2) (f)'.                                             2 contributions as a self-
                                                                                                    employed earner.
          (iv) Point 13.1 is replaced as follows:
                                                                                         (c) For each full week during which
                                                                                              he has completed a period
                 '13.1. For the purpose of calculating an                                     treated as a period of insurance,
                         earnings factor with a view to deter-                                employment, self-employment or
                         mining the right to benefits under                                   residence, the person concerned
                         United Kingdom legislation, subject                                  shall be deemed to have had
                         to point 15, each week during which                                  contributions       or      earnings
                         an employed or            self-employed                              credited to him as appropriate,
                         person has been subject to the legis-                                but only to the extent required
                         lation of another Member State and                                   to bring his total earnings factor
                         which      commenced       during   the                              for that tax year to the level
                         relevant income tax year within the                                  required to make that tax year a
                         meaning of United Kingdom legis-                                     reckonable year within the
                         lation shall be taken into account in                                meaning of the United Kingdom
                         the following way:                                                   legislation      governing       the
                                                                                              crediting of contributions or
                                                                                              earnings.'
                         (a) Periods between 6 April 1975
                              and 5 April 1987:
                                                                              (v) Point 13.2 (a) is replaced as follows:
                               (i) For each week of insurance,
                                   employment or residence as                     '13.2. For the purposes of Article 46 (2) (b)
                                   an employed person, the                               of the Regulation, where:
 ---pagebreak--- No C 221/10                          Official Journal of the European Communities                                    5. 9. 90
                    (a) in any income tax year starting                                to United Kingdom legislation for
                        on or after 6 April 1975, an                                   the purposes of Title HI of the
                        employed person has completed                                  Regulation, nor
                        periods        of       insurance,
                        employment or residence exclu-
                        sively in a Member State other                            (ii) make the United Kingdom the
                        than the United Kingdom, and                                   competent State for the provision
                        the application of paragraph 1                                 of the benefits mentioned in
                        (a) (i) or paragraph 1 (b) (i)                                 Articles 18, 38 or 39(1) of the
                        results in that year being                                     Regulation.'
                        counted as a qualifying year
                        within the meaning of United
                        Kingdom legislation for the                   (viii) The following entry is added:
                        purposes of Article 46 (2) (a) of
                        the Regulation, he shall be
                                                                             '19. Subject to any conventions concluded
                        deemed to have been insured for
                                                                                  with individual Member States, for the
                        52 weeks in that year in that
                                                                                  purposes of Article 13 (2) (f) of the
                        other Member State.'
                                                                                  Regulation and Article 10a of the
                                                                                  implementing       Regulation,     United
                                                                                  Kingdom legislation shall cease to
       (vi) The following entry is added:                                         apply at the end of the day on the
                                                                                  latest of the following three days to
                                                                                  any person previously subject to
            '17. For the purposes of entitlement to                               United Kingdom legislation as an
                 severe disablement allowance any                                 employed or self-employed person:
                 employed or self-employed person
                 who is or has been subject to United
                                                                                  (a) the day on which residence is
                 Kingdom legislation in accordance
                                                                                       transferred to the other Member
                 with Title II of the Regulation,
                                                                                       State referred to in Article
                 excluding Article 13 (2) (f):
                                                                                       13 (2) (f);
                 (a) shall for the entire period during                           (b) the day of cessation of the
                      which he was employed or self-                                   employment or self-employment,
                      employed and subject to United                                   whether permanent or temporary,
                      Kingdom legislation whilst present                               during which that person was
                      or resident in another Member                                    subject to United Kingdom legis-
                      State be treated as having been                                  lation;
                      present and resident in the United
                      Kingdom;
                                                                                  (c) the last day of any period of
                                                                                       receipt     of United       Kingdom
                                                                                       sickness or maternity benefit
                 (b) shall be entitled to have periods of
                                                                                       (including benefits in kind for
                      insurance as an employed or self-
                                                                                       which the United Kingdom is the
                      employed person completed in the
                                                                                       competent      State)    or    unem-
                      territory and under the legislation
                      of another Member State treated                                  ployment benefit which:
                      as periods of presence and
                      residence in the United Kingdom.'                                 (i) began before the date of
                                                                                            transfer   of    residence     to
                                                                                            another Member State or, if
      (vii) The following entry is added:                                                   later,
                                                                                       (ii) immediately followed        em-
            '18. A period of subjection to United
                                                                                            ployment or self-employment
                 Kingdom legislation in accordance
                                                                                            in another Member State
                 with Article 13 (2) (f) of the Regu-
                                                                                            while that person was subject
                 lation shall not:
                                                                                            to United Kingdom legis-
                                                                                            lation.'
                  (i) be taken into account under this
                      provision as a period of subjection              (ix) The following entry is added:
 ---pagebreak---  5. 9. 90                                 Official Journal of the European Communities                                    No C 221/11
                 '20. The fact that a person has become              3. In Article 107 (1) (a), after 'Article 12 (2), (3) and
                      subject to the legislation of another              (4)', 'Article 14d (1)' is added.
                      Member State in accordance with
                      Article 13 (2) (f) of the Regulation,
                                                                     4. In Annex 1, section L. UNITED K I N G D O M :
                      Article 10a of the implementing Regu-
                      lation and point 19 above, shall not
                      prevent:                                             (i) Point 1 is replaced as follows:
                                                                                ' 1 . Secretary     of  State   for   Social  Security,
                      (a) the application to him by the
                                                                                      London'.
                           United Kingdom as the competent
                           State of the provisions relating to
                           employed       or      self-employed           (ii) Point 2 is replaced as follows :
                           persons of Title III, Chapter 1 and
                           Chapter 2, Section 1 or Article                      '2. Secretary of State for Health, London'.
                           40 (2) of the Regulation if he
                           remains an employed or self-                  (iii) The present points 2, 3, 4, 5 and 6 become points
                           employed     person      for   those                 3, 4, 5, 6 and 7 respectively.
                           purposes and was last so insured
                           under the legislation of the United
                                                                         (iv) The new point 7 is replaced as follows:
                           Kingdom;
                                                                                7 . Director of the Gibraltar Health Authority'.
                      (b) his treatment as an employed or
                           self-employed person for the
                                                                     5. Annex 2 is amended as follows:
                           purposes of Chapter 7 and 8 of
                          Title III of the Regulation or
                          Articles 10 or 10a of the                      (a) In section B. DENMARK:
                           implementing             Regulation,
                           provided United Kingdom benefit                       (i) In point 2 (a), 'Sikringsstyrelsen (National
                           under Chapter 1 of Title III is                             Social Security Office)' is replaced by
                          payable to him in accordance with                            'Socialstyrelsen (National Social Security
                          paragraph (a) above.'                                        Office)'.
                                                                               (ii) In point 3 (a), 'Sikringsstyrelsen (National
                             Article 2                                                 Social Security Office)' is replaced by
Regulation (EEC) No 574/72 is hereby amended as                                        'Socialstyrelsen (National Social Security
follows:                                                                              Office)'.
                                                                              (iii) In point 4 (a), 'Sikringsstyrelsen (National
1. In Article 4 (10):                                                                 Social Security Office)' is replaced by
                                                                                      'Arbejdsskadestyrelsen (National Office for
     (i) Under (a), 'Article 14d (2)' is replaced by 'Article                         Accidents      at work       and    occupational
          14d (3)' and the following is inserted after                                diseases)'.
         'Regulation': 'Article 14c'.
                                                                        (b) In section L. UNITED K I N G D O M :
    (ii) Under (b), after 'Article 6(1)', the following is
         added: 'Article 8, Article 10b'.                                      (i) In point 1 the entry concerning Gibraltar is
                                                                                      replaced as follows: 'Gibraltar Health
                                                                                      Authority'.
2. The following Article is inserted in Title III:
                                                                              (ii) In point 2, in the entry concerning Great
                                                                                      Britain, 'Health and . ..' is deleted.
    'Article 10b
                                                                    6. Annex 3 is amended as follows:
   The date and conditions on which the legislation of a
   Member State ceases to be applicable to a person
   referred to in Article 13 (2) (f) of the Regulation shall            (a) In section B. DENMARK, part I — Institutions
   be determined in accordance with that legislation. The                     of the place of residence :
   institution designated by the competent authority of
   the Member State whose legislation becomes                                  (i) In point (b) and (c) (i), 'Sikringsstyrelsen
   applicable to this person shall apply to the institution                           (National Social Security Office)' is replaced
   designated by the competent authority of the former                                by 'Socialstyrelsen (National Social Security
   Member State with a request to specify this date.'                                 Office)'.
 ---pagebreak--- No C 221/12                                 Official Journal of the European Communities                                     5. 9. 90
        (ii) In point (d) (i), 'Sikringsstyrelsen (National                   (ii) In point 4, 'Sikringsstyrelsen (National Social
              Social Security Office)' is replaced by                               Security Office)' is replaced by 'Arbejdsskad-
              'Arbejdsskadestyrelsen (National Office for                           estyrelsen (National Office for Accidents at
              Accidents at work and occupational diseases)'.                        work and occupational diseases)'.
       (iii) In point (e), 'Sikringsstyrelsen (National                  (c) In section C. GERMANY, point 1, 'Bundes-
              Social Security Office)' is replaced by                        verband        der    Ortskrankenkassen      (National
              'Socialstyrelsen (National Social Security                     Federation of Local Sickness Funds)' is replaced
              Office)'.                                                      by 'AOK-Bundesverband (National Federation of
                                                                             Local Sickness Funds)'.
       In part II — Institutions of the place of stay, in
       point (b) (i), 'Sikringsstyrelsen (National Social                (d) In section L. UNITED KINGDOM, in the entry
       Security Office)' is replaced by 'Arbejdsskade-                       for Great Britain, 'Health and . . . .' is deleted.
       styrelsen (National Office for Accidents at work
       and occupational diseases)'.
                                                                      8. Annex 5 is amended as follows:
   (b)In section C. GERMANY, subparagraphs (a) and
       (b) of point 2 are replaced by a single paragraph as              (a) In section 9, BELGIUM - NETHERLANDS, in
       follows:                                                              the first line of entry (a), the reference to Article
                                                                             6 is deleted.
       '2. In all cases, the Hauptverband der gewerb-
            Iichen Berufsgenossenschaften (Federation of                 (b) In section 27, GERMANY - LUXEMBOURG,
            Professional      and Trade Associations in                      entry (e) is deleted.
            Industry), St Augustin.'
                                                                      9. Annex 10 is amended as follows:
   (c) In section L. UNITED K I N G D O M :
                                                                         (a) In section A. BELGIUM, the present points 4, 5,
         (i) In point 1, the entry for Gibraltar is replaced
                                                                             6 and 7 become points 5, 6, 7 and 8 respectively.
              as follows:
                                                                             A new point 4 is inserted as follows:
              'Gibraltar: Gibraltar Health Authority'.
        (ii) In point 2, in the entry for Great Britain,                     '4. For the purposes of applying Article 14c of the
              'Health and . . . ' is deleted.                                     Regulation and Article 12a of the implemen-
                                                                                  tating Regulation:
       (iii) In point 3, in the entry for Great Britain,
              'Health and . ..' is deleted.                                       Employed persons:
                                                                                  Office national de securite sociale, Bruxelles
7. Annex 4 is amended as follows:                                                 — (National Social Security Office, Brussels)
   (a) In section A. BELGIUM, point 4 is replaced as                              Self-employed persons:
        follows :
                                                                                  Institut national d'assurances sociales pour
        '4. Accidents at work and occupational diseases:                          travailleurs     independants,    Bruxelles      —
                                                                                  (National Social Insurance Institute for the
                                                                                  Self-Employed, Brussels)'.
             (a) Accidents at work:
                  Fonds des accidents du travail, Bruxelles              (b) In section B. DENMARK:
                  — (Accidents at Work Fund, Brussels)
                                                                              (i) In points 1, 2, 3 and 6, 'Sikringsstyrelsen
             (b) Occupational diseases:                                            (National Social Security Office)' is replaced
                                                                                   by 'Socialstyrelsen (National Social Security
                  Ministere de la Prevoyance sociale,                              Office)'.
                  Bruxelles — (Ministry of Social Welfare,
                  Brussels)'.                                                (ii) Point 7 is replaced as follows:
   (b) In section B. DENMARK:                                                      '7. For the purposes of applying Article 110
                                                                                       of the implementing Regulation:
         (i) In points 1, 2, 3, 5, 6 and 7, 'Sikringsstyrelsen
              (National Social Security Office)' is replaced                            (a) Benefits pursuant to Chapters 1 to 3
             by 'Socialstyrelsen (National Social Security                                  and Chapters 5, 7 and 8 of Title III of
             Office)'.                                                                      the Regulation:
 ---pagebreak--- 5. 9. 90                                     Official Journal of the European Communities                               No C 221/13
                        Socialstyrelsen       (National     Social             (vi) Point 9 (b) is replaced as follows:
                        Security Office), Kobenhavn
                                                                                     '(b) Refund of benefits in kind incorrectly
                   (b) Benefits pursuant to Chapter 4 of
                                                                                            provided to workers on presentation of
                        Title III of the Regulation:
                                                                                            the certified statement provided for in
                        Arbejdsskadestyrelsen            (National                          Article 62 (2) of the implementing
                        Office for Accidents at work and                                    Regulation:
                        occupational diseases), Kobenhavn
                                                                                            Hauptverband der gewerblichen Berufs-
                   (c) Benefits pursuant to Chapter 6 of                                    genossenschaften (Federation of Pro-
                        Title III of the Regulation:                                        fessional and Trade Associations), St
                                                                                            Augustin'.
                        Direktoratet for Arbejdsloshedsfor-
                        sikringen (Unemployment Insurance
                        Office), Kobenhavn'.                                  (vii) In point 10, 'For the purposes of applying
                                                                                     Article 14d (2) of the Regulation' is replaced
   (c) In section C. GERMANY:                                                        by 'For the purposes of applying Article 14d
                                                                                     (3) of the Regulation'.
          (i) In point 2 (c), first sentence, the reference
                '(1)' after 'Article 14c' is deleted.
                                                                          (d) In section E. FRANCE, the present points 4, 5, 6,
         (ii) Point 2 (c> (ii) is replaced as follows:                        7, 8 and 9 become points 5, 6, 7, 8, 9 and 10
                                                                              respectively. A new point 4 is inserted as follows:
               'Persons not insured with sickness insurance:
                                                                              '4. For the purposes of applying Article 14c of the
               for clerical workers: Bundesversicherungs-
                                                                                   Regulation and Article 12a (7) and (8) of the
               anstalt fur Angestellte (Federal Insurance
                                                                                   implementing Regulation:
               Office for Clerical Staff), Berlin;
               for manual workers: the competent pension                           (a) Article 12a (7) of the implementing Regu-
               insurance institution for manual workers.'                               lation :
        (iii) In point 3, 'Bundesverband der Ortskran-
                                                                                         (i) Employment         in    France    and
               kenkassen (National Federation of Local
                                                                                              non-agricultural self-employment in
               Sickness        Funds)'      is     replaced    by
                                                                                              another Member State:
               'AOK-Bundesverband (National Federation
               of Local Sickness Funds)'.
                                                                                              Caisse mutuelle regionale (Regional
        (iv) Point 8 is replaced as follows:                                                  Mutual Benefit Fund)
               'For the purposes of applying:
                                                                                        (ii) Employment in France and agri-
               (a) Article 36 of the Regulation and Article                                   cultural self-employment in another
                     102(2) of the implementing Regulation:                                   Member State:
                    AOK-Bundesverband (National Feder-                                       Caisse de mutualite sociale agricole
                    ation of Local Sickness Funds), Bonn 2                                    (Agricultural Social Insurance Mutual
                                                                                             Benefit Fund)
               (b) Article 63 of the Regulation and Article
                     102(2) of the implementing Regulation:
                                                                                  (b) Article 12a (8) of the implementing Regu-
                    Hauptverband der gewerblichen Berufs-                              lation :
                    genossenschaften           (Federation     of
                    Professional and Trade Associations), St
                                                                                         (i) Non-agricultural self-employment in
                    Augustin
                                                                                             France:
              (c) Article 75 of the Regulation and Article
                    102(2) of the implementing Regulation:                                   Caisse mutuelle regionale (Regional
                                                                                             Mutual Benefit Fund)
                    Bundesanstalt fiir Arbeit (Federal Labour
                    Office), Niirnberg'.
                                                                                       (ii) Agricultural      self-employment    in
        (v) In point 9 (a), 'Bundesverband                    der                            France:
              Ortskrankenkassen (National Federation of
              Local Sickness Funds)' is replaced by                                          Caise de mutualite sociale agricole
              'AOK-Bundesverband (National Federation                                        (Agricultural Social Insurance Mutual
             of Local Sickness Funds)'.                                                      Benefit Fund)
 ---pagebreak--- No C 221/14                             Official Journal of the European Communities                                     5. 9. 90
           (c) In the case of non-agricultural self-                                    (b) Benefits for mariners:
                employment in France and employment in
                Luxembourg, form E 101 shall be issued                                      (Mariners'     Retirement      Fund,
                to the person concerned who shall submit                                    Piraeus)
                it to the Regional Mutual Benefit Fund.'
                                                                                        (c) Other benefits:
  (e) In section F. GREECE:
                                                                                            'I5puua Koivamicebv AaqaXiaeiov
                                                                                            (IKA), A$f|va (Social Insurance
        (i) The present points 5, 6, 7, 8, 9, 10 and 11                                     Institute, Athens)'.
            become points 6, 7, 8, 9, 10, 11 and 12
            respectively.
                                                                     (f) In section G. IRELAND, 'For the purposes of
                                                                          applying Article 14 (c) of the Regulation' is
       (ii) In the new point 6, 'For the purposes of
                                                                          inserted at the beginning of point 1.
            applying Article 14d (2)' is replaced by 'For
            the purposes of applying Article 14d (3)'.
                                                                     (g) In section I. LUXEMBOURG, in point 1, 'For
      (iii) A new point 5 is inserted as follows:                         the purposes of applying Article 14d (2)' is
                                                                          replaced by 'For the purposes of applying Article
                                                                          14d (3)'.
            '5. For the purposes of applying Articles 14c
                 of Regulation (EEC) No 1408/71 and
                 12a of Regulation (EEC) No 574/72:
                                                                     (h) In section J. NETHERLANDS, in point 1, 'For
                                                                          the purposes of applying Article 17 of the Regu-
                 (a) In general:                                          lation' is added before 'For the purposes of
                                                                          applying Articles 6 (1) . . .'.
                      (Social Insurance Institute, Athens)
                 (b) For mariners:                                    (i) In section L. UNITED K I N G D O M :
                      (Mariners'      Retirement          Fund,
                      Piraeus)'.                                           (i) Point 1 is replaced as follows:
      (iv) The new point 10, first sentence, is replaced
            as follows:                                                        '1. For the purposes of applying Articles 14c,
                                                                                   14d (3), 17, 36 and 63 of the Regulation
                                                                                   and Articles 6 (1), 8, 11 (1), 11a (1), 12a,
            'For the purposes of applying Article 102 (2)                          13 (2) and (3), 14 (1), (2) and (3), 38 (1),
            of the implementing Regulation'.                                       70 (1), 80 (2), 81, 82 (2), 91 (2), 102 (2),
                                                                                   109, 110 and 113 (2) of the implementing
                                                                                   Regulation:
       (v) Subparagraph (b) of the new point 10 is
            replaced as follows:
                                                                                   Great Britain:
            (b) Benefits for mariners:
                  (Seamen's Home, Piraeus)'.
                                                                                   Department of Health and Social Security
                                                                                   (Overseas Branch), Newcastle upon Tyne
      (vi) A new point 10.1 is added as follows:                                   NE98 1YX
            '10.1. For the purposes of applying Article                            Northern Ireland (excluding Articles 36
                     110 of the implementing Regulation:                           and 63 of the Regulation and Articles 102
                                                                                   (2) and 113 (2) of the implementing Regu-
                                                                                   lation, for which see Great Britain):
                     (a) Family allowances, unemployment:
                         Opyaviaurj<;          A7iaaxoA,f)ae<o<;
                         EpyatiKoi)    AuvauiKoi)     (OAEA),                      Departement of Health and Social
                         A0f|va     (Labour      Employment                        Security (Overseas Branch), Belfast BTl
                         Office, Athens)                                           5DP'.
 ---pagebreak---  5. 9. 90                                Official Journal of the European Communities                                  No C 221/15
        (ii) Point 2 is replaced as follows:                        8.    Article 1 (12) (e) (iii) and (12) (e) (iv) shall apply
                                                                   with effect from 1 January 1990.
             '2. For the purposes of applying Articles 85
                 (2), 86 (2) and 89 (1) of the implementing
                 Regulation:                                       9.    Article 1 (10) and (12) (f) (ii) shall apply with effect
                                                                   from 1 April 1988.
                 Great Britain:
                 Department of Health and Social Security,          10.    Article 2 (1) (i), (9) (c) (i), (9) (c) (vii), (9) (e) (ii)
                 Child Benefit Centre, Newcastle upon              and (9) (g) shall apply with effect from 1 January 1987.
                 Tyne NE88 1AA
                                                                    11.    Article 2 (4) (i), (4) (ii), (5) (b) (ii), (6) (c) (ii), (6)
                 Northern Ireland:                                 (c) (iii) and (7) (d) shall apply with effect from 25 July
                                                                   1988.
                 Department of Health and Social Services
                 (Overseas Branch), Belfast BTl 5 D F
                                                                   12.     Article 2 (5) (a), (6) (a), (7) (b) and (9) (b) shall
                                                                   apply with effect from 1 July 1989.
                            Article 3
                                                                   13.     Article 2 (7) (a) shall apply with effect              from
1.     This Regulation shall enter into force on the day of        1 January 1988.
its publication in the Official Journal of the European
Communities.
                                                                   14.     Article 2 (8) (a) shall apply with effect             from
                                                                   1 April 1985.
2.     Article 1 (11)      shall   apply  with    effect  from
29 November 1984.
                                                                   15.     Article 2 (8) (b) and (9) (c) (ii) shall apply with
3.     Article 1 (1) and (12) (b) (vii) shall apply with           effect from 1 January 1989.
effect from 1 January 1986.
                                                                   16.     Article 2 (9) (h) shall apply with effect             from
4.     Article 1 (1) and (12) (b) (i), (12) (b) (lii), (12) (b)    1 April 1990.
(iv), (12) (b) (v) and (12) (b) (vi) shall apply with effect
from 1 January 1989.                                               17.     Article 2 (6) (b), (7) (c), (9) (c) (iii), (9) (c) (iv),
                                                                   (9) (c) (v) and (9) (c) (vi) shall apply with effect from
5.     Article 1 (2) shall apply with effect from 2 August         1 January 1991.
1989.
6.     Article 1 (12) (d) (i) and (12) (d) (ii) shall apply        18.     Article 2 (4) (iv), (5) (b) (i) and (6) (c) (i) shall
with effect from 1 January 1988.                                   apply with effect from 1 April 1988.
7.     Article 1 (12) (e) (i) shall apply with effect from         This Regulation shall be binding in its entirety and
1 April 1986.                                                      directly applicable in all Member States.