CELEX: 51991PC0247
Language: en
Date: 1991-07-12
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

iOMMISSION OF THE EUROPEAN COMMUNITIES
                                   COM(91) 247 final
                                   Brussels, 12 July 1991
                          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
                  (presented by the Commission)
 ---pagebreak---                                     - 2 -
                           EXPLANATORY MEMORANDUM
concerning the proposal for a Council Regulation (EEC) amending Regulation
(EEC) No 1408/71 on the application of social security schemes for 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
 ---pagebreak---  INTRODUCTION
Since the entry into force of Regulation CEEC) No 2001/83 which is a
 codified updated version and a single and official text of Regulations
 (EEC) Nos 1408/71 and 574/72, following the extension of the scope to
employed persons and to self-employed persons, these Regulations have
been amended by Council Regulations (EEC) Nos 1660/85 and 1661/85,
Commission Regulation No 513/86 and by Council Regulations Nos 3811/86,
 1305/89, 2332/89 and 3427/89 and by the Acts of Accession of the
Kingdom of Spain and of the Republic of Portugal of 1985.
In the meantime, certain national legislations have been amended
for the pjrpo.se of adapting them to the level of
Community Regulations.
By virtue of the importance attaching thereto, it must be pointed out that
these adaptations have been made with reference to the unification of
Germany since, from 3 October 1990, the Community provisions concerning
social security for migrant worlcers are applicable to the entire territory
of Germany including obviously the territory of the former GDR.
The proposal is also aimed at updating the Community Regulations in the
light of certain formal, substantive and administrative amendments in
national legislations.
 ---pagebreak---                                   - 4 -
Article 1
Amendments to Regulation (EEC) No 1408/71
1.    Amendments to Article 94(1)-(7) and Article 95(1)-(7).
      This proposal is aimed at adapting the wording of Articles 94 and 95
      to the new legal situation resulting from the unification of
      Germany.   For, following the unification, the Community Regulations
      concerning social security for migrant workers shall apply to the
      entire territory of Germany including the former   FRG.
      Furthermore, this proposal safeguards the interests of the persons
      concerned by according'them a period of two years from the date of
      publication of the abovementioned adaptations for the purpose of
      submitting requests for revision of their rights to a pension,
      the calculation of which was carried out before the application
      of Regulation (EEC) No 1408/71 in the territory of the former GDR.
2.    Amendment to Article 94(9)
      The aim of the amendment is to fill a gap in this provision.
      For, the wording of the text means that the paragraph in question
      is applicable only to persons who have pursued a professional
      activity in France during the month of November in 1989;   persons
      who were unemployed in France during this period cannot therefore
      benefit from this provision.
      Paragraph 9 should therefore be adapted so that it is applicable
      to persons who were unemployed in France during the period
      specified retroactive to 16 November 1989.
 ---pagebreak---                                         -5-
3. Amendments to Annex III
   In Annex III, section B, the provisions of the social security agreements are
    listed;  the scope of these provisions does not cover all persons to whom
   the Regulation applies.
   Consequently, the registration in heading 2. Belgium-Germany in section à
   of Annex III of the two Articles to the Final Protocol and of the third
   supplementary agreement to the General Convention of 7 December 1957,
   limits the application of these provisions to the nationals of Belgium
   and Germany.
   The strict application of these provisions by the German institutions and
   authorities gives rise to adverse consequences for nationals of other
   Member States residing in Belgium.
   Consequently, the text of section B, Annex III, in heading 2. Belgium-Germany
   should be deleted.
4. Amendments to Annex VI
   (a)   Amendments made to heading B. Denmark
   A certain number of amendments were recently made to Danish legislation
   on cash sickness benefits and maternity benefits.   For instance, cash
   benefits awarded to employed persons are no longer calculated on the basis
   of the preceding income but on the basis of the hourly remuneration to
   which the employed person   would have been entitled during his sick leave.
   For the rest, certain supplementary schemes provide for those cases where
   the hourly earnings do not constitute an appropriate basis for the
   calculation of the allowances.   For self-employed persons, the allowances
 ---pagebreak---                               - 6 -
are calculated on the basis of their earnings from self-employment;
where appropriate, it is calculated on the basis of earlier
employment as an    employed person.
The amendments to heading B. Denmark shall take account of these
amendments, particularly in those cases where the employed person
was not subject to Danish legislation during the aforementioned
periods of reference.
(b)   Amendments to heading C. Germany
  (i)    The proposal for the deletion of item 1(a) shall take
         account of the fact that the provisions governing
         compensation by the German institutions for accidents at
         work (and occupational diseases) which occurred in
         Alsace-Lorraine before 1 January 1919 are no longer of
         any practical significance.
 (ii)    As a consequence of an amendment to German legislation
         concerning sickness insurance, item 3 shall be deleted.
(iii)    The derogation from the general principles of the
         Regulation concerning the specific provisions of the
         pension schemes for workers and employed persons
         shall no longer be necessary since the period provided
         for by German legislation has expired.
         The proposal for the deletion of item B shall take account
         of this matter.
 (iv)    On 7 June 1988, the Court of Justice ruled as follows in
         Case 20/85 (R0VIELL0):
 ---pagebreak---          "Point 15 of section C in Annex VI to Régulation Mo 1408*71
         is invalid in so far as it provides, in regard to entitlement
        to a pension in respect of occupational invalidity or incapacity
         for work, or a miner's pension in respect of a reduction in his
         capacity to work as a miner, or a miner's pension in respect of
        occupational invalidity or incapacity for work, that, where
        under German legislation account must be taken of the
        occupation hitherto pursued by the person concerned, that
        entitlement is to be determined by taking account only of
        activities subject to compulsory insurance under German
         legislations."
        In that context, the Court took into consideration that
        although the criterion laid down in point 15 applies
        independently of the nationality of the worker it is,
        by its very nature, concerned essentially with migrant workers
        coming from other Member States and consequently constitutes
        a veiled form of discrimination.
        The point in question should therefore be deleted, retroactive
        to 1 July 1982, the date from which point 15 is applicable in
        accordance with Article 3 of Regulation (EEC) No 2000/83.
(c)  Amendments made to heading F. Greece
The practical application of the legislation of the OGA scheme,
particularly with reference to the consideration of certain periods
of the payment of a pension by another Member State by virtue of an
accident at work as "insurance periods", gives rise to serious
problems.
The proposed paragraph is aimed at resolving this problem by
considering the periods in question as insurance periods under OGA
legislation where they coincide with periods of employment in the
agricultural sector   in Greece.
 ---pagebreak---                                        - 8 -
Article 2
      Article 10 of Regulation (EEC) No 574/72
      Regulation (EEC) No 3427/89 has been amended, in particular by the
      provisions of Articles 73 and 74 of Regulation (EEC) ND 1408/71:
      henceforth, in these Articles, mention shall be made only of
      "family benefits" and not "family allowances".
      These latter words shall likewise be deleted from Article 10 of
      Regulation (EEC) No 574/72 each time that reference is made to
      Article 73 or Article 74.
      New Article 34(4) of Regulation (EEC) No 574/72
      For the same reasons as those set out above concerning the amendment
      to Articles 94 and 95 of Regulation (EEC) No 1408/71, certain
      amendments to Regulations (EEC) Nos 1408/71 and 574/72 have become
      either necessary or desirable as is the case for this provision.
      As regards this last provision in particular, the Federal Republic
      of Germany anticipates, following the unification, an increase in the
      number of German nationals residing temporarily on the territory of
      other Member States and, as a consequence thereof, an increase in the
      number of tarification procedures.   Consequently, the task of the
      competent institutions charged with the execution of these
      reimbursements should be alleviated.
      On the other hand, and independent of this reason, practical experience
      has shown that in individual cases the reimbursement procedure laid
      down in this provision results in considerable delays.   Consequently,
      the new paragraph proposed is aimed at laying down, as a complement
      to the existing procedure, another simplified procedure authorizing,
      under certain conditions, a reimbursement in accordance with the
      rates administered by the competent institution.
 ---pagebreak---                                             - 9
      For that purpose, certain conditions must be fulfilled.
     On the one hand, this procedure must be limited to those cases in which
      a rate of reimbursement corresponding to that of the Member State of stay
      is provided for by the competent institution and, on the other hand,
      the costs of reimbursement should fiot exceed a specific amount to be
      fixed by the Administrative Commission on social security for migrant
      workers.  This procedure should be applied only with the consent of the
      employed or self-employed person concerned.   It must also be clearly
      established that the amount of reimbursement may not exceed the actual
      amount of costs incurred.
  3_ Amendment of Article 107(1)(a) of Regulation (EEC) No 574/72
     A loophole has been ascertained concerning the determination of the rate
      of conversion of amounts used for the calculation of the allowances for
      unemployed frontier workers under the terms of Article 71(1)(a)(ii) and
      Article 68 of Regulation (EEC) No 1408/71.
     The amendment proposed is aimed at closing this loophole as the rate
      specified in Article 107(1) of Regulation (EEC) No 574/72 shall also
      apply to the situations mentioned above.
     For the rest, this proposal complies with Decision No 140 of the
      Administrative Commission on social security for migrant workers which
      applies the same rate to the situations in question.
I
 ---pagebreak---                                            * 10 -
Amendment to Article 107(1)(a) of Regulation (EEC) No 574/72
 Following the deletion of Article 120 of Regulation (EEC) No 574/72
by Article 2(11) of Regulation (EEC) No 3427/89/ there are grounds for
adapting the text of paragraph K b ) of Article 107 of Regulation (EEC)
No 574/72 where it refers to this provision.
Amendments to Annex 3 of Regulation (EEC) No 574/72
Annex 3 lists the institutions of the place of residence and the
institutions of the place of stay.
Amendment to heading E. France
The proposed amendments to section 1, subsection B, point 1 and
to section II, subsection B, paragraph (a) shall take account of the
fact that from 2 August 1989, the French social security scheme
for employed persons and self-emptoyed persons in the non-agricutturaI
professions is no longer concerned by the derogatory provisions of
para&raph 2 of Article 35 of Regulation (EEC) No 1408/71.       Furthermore,
for the same reason the text appearing in the heading E. France of
Annex 11 to Regulation (EEC) No 574/72 is replaced by "none" under
the terms of Article 2(12) of Regulation (EEC) No 2332/89.
The aim of the ptoposed amendment is to have the local sickness
insurance funds (metropolitan France) and the general social security funds
(overseas territories) specified as the institution of the place of residence
or stay for self-employed persons.
 ---pagebreak---                                - 11 -
6. Amendments to Annex 5 of Regulation (EEC) No 574/72
   Annex 5 lists the implementing provisions of bilateral conventions
   which remain in force.
   An agreement relating to the reimbursement of expenses for
   benefits in kind in the case of sickness was signed on 1 July 1990
   by Denmark and Spain.
   An exchange of letters between the United Kingdom and Denmark
   introduced amendments in the previous agreement concerning the
   reimbursement of expenses awarded in application of Article 69
   of Regulation (EEC) No 1408/71.
   An agreement relating to the application of Articles 20 and 22
   (1)(b)(c) of Regulation (EEC) No 1408/71 was signed on
   25 January 1990 by the Federal Republic of Germany and by
   Luxembourg.
   These amendments are listed accordingly in Annex 5.
   Amendments to Annex 8 of Regulation (EEC) No 574/72
   Annex 8 lists the Member States for which the provisions of
   Article 10a(1)(d) of the implementing Regulation are applicable
   in their mutual relationship.
   The amendment proposed takes account of the abolition of daily
   family benefits under Belgian law relating to employed persons
   in order to simplify the work of the competent institutions.
 ---pagebreak---                           - 12 -
8. Amendments to Annex 9 of Regulation (EEC) No 574/72
   Annex 9 lists the schemes to be taken into consideration for
   the calculation of annual average costs of benefits in kind.
   Amendment to heading E. France
   The amendment proposed is of the same nature as that presented
   above in respect of Annex 3.
   Consequently, Annex 9 should be modified so that for the
   implementation of Articles 94 and 95 of Regulation (EEC) No 574/72
   for France only one type of average costs of benefits in kind
   remains in existence;   these costs are those which are calculated
   with reference to the general social security scheme.
9. Amendments to Annex 10 of Regulation (EEC) No 574/72
   Annex 10 lists the institutions and bodies designated by the
   competent authorities.
   Amendment to heading I. Luxembourg
   The amendment proposed takes account of the change in the name
   of the previous joint centre for data processing, membership and
   collection of contributions for the Luxembourg social security
   institutions.
 ---pagebreak---                                   - 1i -
                                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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 51 and 235 thereof,
Having regard to the proposal from the Commission , drawn up after
consultation with the Administrative Commission on Social Security
for Migrant Workers,
                                                        2
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
1
  0J No C
2
  0J No C
3
  0J NO C
 ---pagebreak---                                       - 14 -
 Whereas there are grounds for making certain amendments to Council Regulations
 (EEC) No 14D8/71 and No 574/72, as updated by Regulation (EEC) No 2001/83 4 , and
as last amended by Regulation (EEC) No 3427/89 ;      whereas some of these
amendments are related to changes which the Member States have made to
 their legislations in respect of social security, while other amendments
are of a technical nature and are intended to complete the abovementioned
Regulations on the basis of the experience gained in the implementation
thereof;
Whereas the Community provisions concerning social security for migrant
workers are applicable from the date of German unification,
3 October 1990, in the entire territory of Germany and consequently
also in the territory of the former German Democratic Republic;
whereas, accordingly, the text of Articles 94 and 95 of
Regulation (EEC) No 1408/71 should be adapted, particularly by
stipulating a period for the submission by persons concerned of
their requests for the revision of their rights to a pension;
Whereas     there are grounds for adapting paragraph 9 of Article 94
of Regulation (EEC) No 1408/71 for the purpose of applying it to
persons who were unemployed in France in the month of November 1989;
Whereas it seems necessary to delete the registration in heading 2
Belgium-Germany, section B of Annex III to Regulation (EEC) No 1408/71,
the provisions of the General Convention of 7 December 1957 between
Belgium and the Federal Republic of Germany for the purpose of
avoiding any unfavourable consequences for nationals of Member States
other than those of Germany and Belgium;
Whereas there are grounds for making certain amendments to heading B.
Denmark of Annex VI to Regulation (EEC) No 1408/71 for the purpose of
taking account of amendments incorporated into Danish legislation in
respect of cash sickness benefits and maternity benefits;
4
  0J No L 230, 22.8.1983,. p. 6.
5
  0J No L 331, 6.11.1989, p. 1.
 ---pagebreak---  .i                                    - 15 -
'I
 k
•'*   Whereas there are grounds for deleting point 1(a) of heading
 |     C. Germany of Annex VI to Regulation (EEC) No 1408/71 as it is
 \    no longer of practical significance;
     Whereas, following an amendment to German legislation in respect of
     sickness insurance, there are grounds for deleting point 3 of
     heading C. Germany of Annex VI to Regulation (EEC) No 1408/71;
  j
  t  Whereas there are grounds for deleting point 8 in heading
  j  C. Germany of Annex VI to Regulation (EEC) No 1408/71 because
  Î
 *   it is no longer of practical significance;
  j
 ]   Whereas it is deemed necessary, following a Judgment of the
  ;   Court of Justice in Case No 20/85 (ROVIELLO)^ to delete point 15
  I  in heading C. Germany of Annex VI to Regulation (EEC) No 1408/71
  [  as it was declared invalid by the Court of Justice;
     Whereas there are grounds for making amendments to heading
  i
  I  F. Greece of Annex VI to Regulation (EEC) No 1408/71 for the
   !  purpose of resolving practical difficulties resulting from
   j certain peculiarities of the OGA scheme;
  f
   j Whereas Regulation (EEC) No 3427/89 resulted in the deletion of
     the words "family allowances" from Articles 73 and 74 of
   |  Regulation (EEC) No 1408/71, there are grounds likewise for deleting
     them in Article 10 of Regulation (EEC) No 574/72 in so far
   I as it makes reference to the abovementioned Articles 73 and 74;
   i
   |  Whereas it would seem expedient to adapt the text of Article 34
   l of Regulation (EEC) No 574/72 for the purpose of laying down,
   |  as an addition to the present Regulation, a simplified procedure
     authorizing the reimbursement of the costs of health care
   |  in accordance with the rates administered by the competent
   !  institution;
      6 [1988] ECR 2805,
 ---pagebreak---                                             - 16 -
Whereas it is necessary to provide for a rate of conversion    for the amounts
used for the calculation of indemnities for unemployed frontier workers
under the terms of Articles 71(1)(a) (ii)       and 68 of Regulation (EEC)
No 1408/71;
Whereas, following the deletion of Article 120 from Regulation (EEC)
No 574/72 by Article 2 point 11 of Regulation (EEC) No 3427/89, there are
grounds for adapting the text of Article 107(1)(b) of Regulation (EEC)
No 574/72 where reference is made to that provision;
Whereas there are grounds for adapting heading E. France in Annex 3 to
Regulation (EEC) No 574/72 as a consequence of the amendments incorporated
into the French social security scheme for self-employed persons in the
non-agricultural professions;
Whereas it is necessary to include a reference to the agreement of
1 July 1990 signed by Denmark and Spain in heading -H. Denmark-Spain
of Annex V to Regulation (EEC) No 574/72;
Whereas there are grounds for making certain amendments to heading
21. Denmark-United Kingdom in Annex V to Regulation (EEC) No 574/72
for the purpose of taking account of the amendments resulting from
an exchange of letters and incorporated in the agreement
between Denmark and the United Kingdom concerning the reimbursement
of costs awarded under Article 69 of Requlation (EF.O No 1408/71;
Whereas it is necessary that a reference to the agreement of
25 June 1990 signed by Germany and Spain be incorporated into heading
22. Germany-Spain of Annex V to Regulation (FEC) No 574/7?;
Whereas it is necessary that reference to the agreement of
25 January 1990 signed by Germany *»nd Luxembourg be incorporated
into heading 27. Germany-Luxembourg of Annex V to Regulation
(EEC) No 574/72;
 ---pagebreak---                                -  if -
 Whereas, following the amendments incorporated in Belgian legislation
 in respect of family benefits, it is necessary that amendments be made
 to Annex 10 to Regulation (EEC) No 547/72;
Whereas, because of the amendments incorporated in the French social
security scheme for self-employed persons of non-agricultural
professions, it is necessary that amendments be made to heading
E. France of Annex 9 to Regulation (EEC) No 574/72;
Whereas there are grounds for making amendments to heading
I. Luxembourg of Annex 10 to Regulation (EEC) No 574/72 for the
purpose of taking account of the change in the name of the joint
centre for data processing, membership and collection of
contributions of the Luxembourg social security institutions^
 ---pagebreak---                                             - 18 -
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1408/71 is hereby amended as follows:
1.    Article 94 is amended as follows:
      (a)   the following words:   "or a part of the territory of that State"
            are added to paragraph 1 after the words "on the territory of
            the Member State in question".
      (b)   the following words:  "or a part of the territory of that State"
            are added to paragraph 2 after the words "on the territory of
            that Member State".
      (c)   the following words:  "or a part of the territory of that State"
            are added to paragraph 3 after the words:   "on the territory of
            the Member State in question".
      (d)   the following words:  "or a part of the territory of that State"
            are added to paragraph 4 after the words "on the territory of
            the Member State in question".
      (e)   the following words:  "or a part of the territory of that State"
            are added to paragraph 5 after the words   "on the territory of
            the Member State in question".
 ---pagebreak---     (f)  the following sentence:
          "The same provisions shall apply as regards the implementation of
         this Regulation in those territories which became a part  of the
          Federal Republic of Germany on 3 October 1990 provided that the
         application referred to in paragraph 4 or 5 is submitted within
         two years of the date of publication of this provision in the
         Official Journal of the European Communities".
         is added to paragraph 6.
   (g)   the following sentence:
         "the same provisions shall apply as regards the implementation
         of this Regulation in those territories which became a part of
         the Federal Republic of Germany on 3 October 1990 provided that
         the application referred to in paragraph 4 or 5 is not submitted
         before two years have passed from the date of publication of
         this provision in the Official Journal of the European
         Communities."
         is   added to paragraph 7-
   (h)   the following words:
         "or unemployed" are added to paragraph 9 after the words
         "employed worker".
2. Article 95 is amended as follows:
   (a)   the following words:
         "or a part of the territory of that State" are added
         to paragraph 1 after the words "on the territory of the
         Member State in question".
   (b)   the following words:
          "or a part of the territory of that State" are added
          to paragraph 2 after the words "on the territory of that
          Member State."
 ---pagebreak---                                      - 20 -
     (c)    the following words:
            "or a part of the territory of that flember State" are added
            to paragraph 3 after the words "on the territory of the
            Member State in question".
     (d)    the following words:
            "or a part of the territory of that State" are added
            to paragraph 4 after the words "on the territory of the
            Member State in question".
     (e)    the following words:
            "or a part of the territory of that State" are added
            to paragraph 5 after the words "on the territory of the
            Member State in question".
     (f)    the following sentence:
            "the same provisions shall apply as regards the implementation
           of this Regulation in those territories which became a part of
            the Federal Republic of Germany on 3 October 1990 provided
           that the application referred to in paragraph 4 or 5 is
           submitted within two years of the date of application of
           this provision in the Official Journal of the European
           Communities."
            is added to paragraph 6-
    (g)    the following sentence:
           "the same provisions shall apply as regards the implementation
          of this Regulation in those territories which became a part of
          the Federal Republic of Germany on 3 October 1990 provided
          that the application referred to in paragraph 4 or 5 is
          not submitted before two years have passed from the date of
          publication of this provision in the Official Journal of the
         European Communities."
         is added to paragraph 7.
3. Section B of Annex III is amended as follows:
   (a)   heading 2 Belgium-Germany is deleted.
 ---pagebreak--- 4. Annex VI is amended as follows:
   (a)   point 6 of heading B. Denmark is replaced by the following text;
         "6. For determining whether or not conditions for entitlement to
         benefits in the case of sickness or childbirth laid down by the
         Law of 20 December 1989 on benefits in the case of sickness or
         childbirth have been satisfied, where the person concerned is no
          longer subject to Danish legislation during the periods of
         reference fixed by the abovementioned law:
         (a)    account is taken of the insurance periods and employment
                periods fulfilled under the legislation of a Member State
                other than that of Denmark during the abovementioned
                reference periods during which the person concerned
                was not covered by Danish legislation, as if they are
                periods completed under the latter legislation,
         and
 ---pagebreak---                             _ 22 -          - - - - - -
     (b)   during the periods taken into account, a self-employed
           person or an employed person (in cases where, for the
           latter, actual remuneration cannot serve as a basis for
           calculating the cash allowances) are regarded as having
           had an average remuneration or salary of an amount equal
           to that on the basis of which the cash allowances are
           calculated in respect of the periods completed under
           Danish legislation during the reference periods."
(b) In heading C. Germany:
       (i)  point 1(a) is deleted,
      (ii)  point K b ) becomes point 1.
    (iii)   point 3 is deleted,
      (iv)  point 8 is deleted,
       (v)  point 15 is deleted,
      (vi)  points 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 and 16
            become respectively points 3, 4, 5, 6, 7, 8, 9, 10,
            11, 12 and 13.
(c) The following point is added to heading F. Greece:
    "3. Notwithstanding the relevant provisions of the
    OGA Regulations, the periods during which benefits payable
    in respect of an accident at work or of an occupational disease
    as defined in the legislation of Member States, which makes
    separate provision for such risks, provided that they coincide
    with periods of employment in the agricultural sector in
    Greece, shall be regarded as periods of insurance under the
    legislation of the OGA within the meaning of Article 1(r) of
    the Regulation."
 ---pagebreak---                                     - 23 -
Article 2
Regulation (EEC) No 574/72 is amended as follows:
1.    Article 10 is replaced by the following:
                                 "Article 10
      Rules  applicable in the case of overlapping of rights to family
     benefits or family allowances for employed or self-employed persons
     1.(a)   Entitlement to benefits or family allowances due under the
     legislation of a Member State, according to which acquisition of
     the right to those benefits or allowances is not subject to conditions
     of insurance, employment or self-employment, shall be suspended when,
     during the same period and for the same member of the family, benefits
     are due only in pursuance of the national legislation or in application
     of Articles 73, 74, 77 or 78 of the Regulation.
     (b)   However, where a professional or trade activity is carried out
           on the territory of the said Member State:
           (i)  in the case of benefits due either under national
           legislation only or under Articles 73 or 74 of the Regulation,
           by the person entitled to family benefits or by the person
           to whom they are to be paid, the right to family benefits due
           either under national legislation only or under these
           Articles shall be suspended and only those family benefits
           of the Member State in whose territory the member of the
           family is residing shall be paid, the cost to be borne by
           that Member State;
 ---pagebreak---                               - 24 -
          (ii)  in the case of benefits due either under national
          legislation only or under Articles 77 or 78 of the
          Regulation, by the person entitled to these benefits or by
          the person to whom they are payable, the right to these
          family benefits or family allowances due either under
         national legislation only or in application of the
         Articles pursuant to the legislation of another Member State
          shall be suspended;  where this is the case, the person
          concerned shall be entitled to the family benefits or
         family allowances of the Member State in whose territory
         the children reside, the cost to be borne by that
         Member State, and, where appropriate, to benefits other
         than the family allowances referred to in Article 77 or 78
         of the Regulation, the cost to be borne by the competent
         State as defined by those Articles.
   2. If an employed person subject to the legislation of a Member State
   is entitled to family allowances by virtue of periods of insurance
   or employment previously completed under Greek legislation, this
   right shall be suspended where, during the same period and for the
   same member of the family, family benefits or allowances are due
   under the legislation of the first Member State pursuant to
   Articles 73 3nd 74 of the Regulation."
2. The following paragraph is added to Article 34:
   "4.  Notwithstandinn paragraphs 1 r 2 and ?.,.. the competent institution
   may effect the reimbursement of expenses incurred in accordance
   with the rates it administers provided that it is possible to make a
   refund in accordance with these rates, that the expenses to be
   refunded do not exceed a level determined by the Administrative
   Commission and that the employed person or self-employed peESon
   or pensioner agrees.   In any case, the amount of reimbursement shall
   not exceed the amount of the expenses actually incurred."
 ---pagebreak---                                     - 25 -
 3.  In Article 107(1)(a), the words
     "Article 71(1)(a)(ii)" are added after the words
     "the first subparagraph of Article 70(1)".
4.   In Article 107(1)(b) the words "Article 120(2)" are deleted.
5.  In Annex 3, heading E. France:
       (à)   in section 1, B, point 1 is replaced by the following text:
             "1.   Sickness and maternity
                   Caisse primaire d'assurance maladie du lieu de
                   résidence ou de séjour (local sickness insurance
                   fund of the place of residence or of stay)"
       (b)   in section II, B, paragraph (a) is replaced by the
             following text:
             "(a)  Sickness and maternity
                   Caisse générale de sécurité sociale du lieu de résidence
                   ou de séjour (general social security fund of the
                   place of residence or of stay)."
6.  Annex 5 is amended as follows:
    (a)      Heading 13. Denmark-Spain is replaced by the following text:
             "Agreement of 1 July 1990 relating to the reimbursement of
             costs for benefits in kind in the case of sickness."
 ---pagebreak---                                            - 26 -
         (b)   in heading 21. Denmark-United Kingdom:
                 (i)  the following words:
                      "as modified by an exchange of tetters of 8 November 1989
                      and of 10 January 1990" are added to point 1 after the
                      words "of 19 April 1977".
                (ii)  point K b ) is deleted.
              (iii)   point 1(c) becomes point K b ) .
         (c)  heading 22. Germany-Spain is replaced by the following text:
              "Agreement of 25 June 1990 relating to the reimbursement of
              costs for benefits in kind in the case of sickness".
        (d)   in heading 27. Germany-Luxembourg, the following new
              subparagraph (f) is added:
              "(f)   The agreement of 25 January 1990 relating to the
                     application of Articles 20 and 22(1)(b) and (c) of
                     the Regulation".
 7.     Annex 8 is replaced by the following text:
                                           "ANNEX 8
                                  AWARD OF FAMILY BENEFITS
 (Article 4(8), Article 10a(1)(d) and Article 122 of the Implementing
Regulation)
Article 10a(1)(d) of the Implementing Regulation is applicable:
A.     to employed persons and to self-employed persons
(a)    with a reference period of one calendar month in dealings between:
 ---pagebreak---                                       ,. ^ 7 -
            - Belgium and Denmark
            - Belgium and Germany
            - Belgium and Spain
            - Belgium and France
            - Belgium and Greece
            "- Belgium and Ireland
            - Belgium and Luxembourg
            - Belgium and Portugal
            - Belgium and the United Kingdom
            - Germany and Spain
            - Germany nnd ^ranee
            - German;.* and Greece
            - Germany and Ireland
            - German;* and '.uyembourc;
            - Germany and Portugal
            - German/ and the United Kingdom
            - France and Luxembourg
            - Portugal and France
            - Portugal and Ireland
            - Portugal and Luxembourg
             -Portugal and the United Kingdom
(b) With a reference period of a quarter of a calendar year in
    dealings between:
            - Denmark and Germany
             - the Netherlands, Germany, France, Luxembourg and
                Porturjal
B.  Self-employed persons
    With a reference period of a quarter of a calendar year in
    dealings between:
    - Belgium and the Netherlands
 ---pagebreak---                                           - 28 -
C. Employed persons
   With a reference period of one calendar month in dealings between:
             - Belgium and the Netherlands"
8. The second paragraph of heading E. France, in Annex 9 is deleted.
9. In heading I. Luxembourg, of Annex 10, point 4 is replaced by the
   following text:
   "4. For the application of Article 12a of the Implementing Regulation:
   Centre commun de la sécurité sociale (Joint Social Security Centre),
   Luxembourg".
 ---pagebreak--- Article 3
1.    This Regulation shall enter into force on the day of its publication
       in the Official Journal of the European Communities.
2.    Article 1, points 1(a), (b), (c), (d) and (e) and points 2(a),
       (b), (c), (d) and (e) shall be applicable from 3 October 1990.
3.    Article 1, point 1(h) shall be applicable from 16 November 1989.
4.    Article 1, point 4(a) shall be applicable from 2 April 1990.
5.    Article 1, point 4(b)(iii) shall be applicable from 1 January 1989.
6.    Article 1, point 4(b)(v) shall be applicable from 1 July 1982.
7.    Article 2, points 1 and 4 shall be applicable from 15 January 1986.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at Brussels,                                   For the Council
                                                    The President
 ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(91) 247 final
                                                      DOCUMENTS
EN                                                                               05
                                 Catalogue number : CB-CO-91-291-EN-C
                                                             ISBN 92-77-73891-X
Office for Official Publications of the European Communities
JL-2985 Luxembourg