CELEX: 51972PC1542
Language: en
Date: 1972-12-19
Title: Proposal for a REGULATION OF THE COUNCIL amending Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (submitted to the Council by the Commission)

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COM (72) 1542
Vol. 1972/0212
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(72)1542 final
                                                   Brussels . 19 December 1972
                                    Proposal for a
                              REGULATION OF THE COUNCIL
                amending Council Regulation (EEC ) No 1408/71 of
                14 June 1971 on the application of social security
                schemes to employed persons and their families
                            moving within the Community
                    ( submitted to the Council by the Commission )
   C OM(72 ) 1542 final
                                                         /
 ---pagebreak---                                                          DEL/200/72-E
      THIRD COMMUNICATION SUBMITTED BY THE COMMISSION TO THE COUNCIL
     ON TECHNICAL ADAPTATIONS OF COMMUNITY LEGISLATION WHICH HAVE NOT
                            YET BEEN FORMULATED
                                      I
                                INTRODUCTION
1 . The Commission hereby submits to the Council a third communication
    on the technical adaptation of Community legislation to the situation
    of the enlarged Community .    This report deals with the technical
    adaptations of secondary legislation which have not yet been
    formulated and which are listed in Annex II to the Act of Accession .
    These technical adaptations will be implemented in accordance with
    the procedure laid down in Article 153 of the said Act .
                                      II
    TECHNI CAL ADAPTATIONS TO AN ACT CONTAINED IN THE LIST IN ANNEX II
    TO THE ACT OF ACCESSION
2 . This particular case concerns the following act :
    Regulation ( EEC ) No 1^08/71 of the Council of l'f June 1971 on the
    application of social security schemes to employed persons and their
    families moving within, the Community .
                                                          • */• «
    OJ No L 149 , 5 July 1971 .
 ---pagebreak---                                     -2-                  DEL/200/72-E
3 . Changes have been made in the Danish legislation on social security
    during the drawing up of the Documents concerning the accession and
    after the . signing of these Documents .   It was therefore not possible
    to take these changes into consideration when making the technical
    adaptations to Regulation ( EEC) No 1*K)8/71 , which appear in Annex 1
    to the Act concerning the conditions of Accession and the Adjust-
                                                                      2
    ments to the Treaties , Chapter IX - Social Policy , point 1 .
          Annex II to the said Act , Chapter VII - Social Policy point 1
    also provided that " the Regulation is to be amended to the extent
                                                                   3
    that amendments    made to Danish legislation so require ". -
           This communication is concerned with the adaptations which have
    become necessary as a result of changes in the Danish legislation .
    The changes which must be taken into account are the result of new
    public health legislation (law No 3H » 9 June 1971 ) > new legislation
    on daily cash benefits in case of sickness or maternity (law No 262,
    7 June 1972) , and of laws amending the existing legislation on
    old-age pensions (law No 237 » 7 June 1972) , invalid persons
    ( law No 238 , 7 June 1972) and widows pensions (law No 239 > 7 June 1972).
          All these laws cone into force on either 1 January 1973 or
    1 April 1973 .
          In effect the Danish legislation in the aforementioned fields
    has undergone substantial alterations , which can be summed up as
    follows :
    ( i) The law on public health replaces the present sickness insurance
         scheme by a system akin to that administered by national health
         services , and covering all residents ;
   (ii) The law on daily benefits in case of sickness or maternity
         provides for the granting of these benefits to the active
                                                         • • • /« » m
 ---pagebreak---                                – 2a -             DEL/200/72-E
   population as a whole : a distinction is no longer made between
   incapacity' to work resulting from illness and that resulting
   from an accident at work or an occupational disease .
No L 73 , 2? March 1972 , pp . 100 to llk .
No L 73 , 27 March 1972 , p . 127 .
 ---pagebreak---                                  -3-                 DEL/200/72-E
(iii ) The pension laws introduce a calculation system based on forty
    years' residence , to be acoomplished between the age of fifteen
     and the date when the risk materializes .    The right to a pension
     is acquired after one year 's residence , and the amount is in
     direct proportion to the number of years spent as a resident or
     treated as such .  It should be noted that in respect of old
    age this new system , which approaches the one adopted in the
    Member States , has been introduced particularly in view of
    Danish accession to the European Communities , and the application
    of Article 51 of the Treaty to Danish legislation .     But the
    applicability of the principle of equal pay for equal work and
    the transferability of benefits to present legislation in fact
     caused fears of possible abuse .   This is because present
    legislation has very liberal conditions for entitlement to
    pensions ; the right to a full pension is acquired merely after
    having been resident in Denmark in the year immediately before
    the date of retirement .   However , the new system serves a dual
    purpose for old age by providing for the granting of a full
    pension without any proportional reduction to people who can
    prove ten years of residence in Denmark , five of which must be
    immediately before retirement age .
The technical adaptations to Regulation (EEC) No 1^08/71 made necessary
by the new Danish legislation resulted in particular from the fact .-.>
that in most of the areas concerned , entitlement to benefits is
conditional on residence .   However , in the six Member States and
the two other acceding States entitlement to benefits is normally
conditional on insurance or employment , with the exception of the
National Health Services and family allowances in Great Britain and
Ireland .
For reasons explained below, it has been necessary to adjust certain
provisions of Title III chapter 1 concerning sickness/maternity
 ---pagebreak---                               -^a                  DEL/200/ 72-E
insurance to take account of the new health-care system introduced
in Denmark .  These provisions also apply to legislations in Great
Britain and Ireland which are very similar .   However in the case
of Ireland these adaptations will require a slight amendment to
Annex V of the Regulation to give them full effect ; however this
amendment cannot be brought in on the basis .of this particular
report .
 ---pagebreak---                                                         DEL/ 200/7 2-E
7 - Tlie text of the proposed technical adaptations appears in the enclosed
    Annex .   It amends or completes the text of the technical adaptations
    appearing in Annex 1 of the Act concerning the conditions of
    Accession and the Adjustments to the Treaties .
8 . The proposed technical adaptations particularly require the following
    observations to be made :
    Article l(s ) ( a)
    For invalid and widow's pensions Danish legislation stipulates that
    pensions are to be calculated not only on the years of actual
    residence but also on the years of nominal residence (i.e. those
    separating the date from which the pension is given for the age of
    6") .   Therefore these years should be counted in defining the
    expression "periods of residence".
    Article 9(2)
    It should be possible to take accuunt of periods of residence completed
    in Denmark to qualify for admission to voluntary or optional
    continued insurance in another Member State .
    Article 18(1 )
    la future , entitlement to benefits in kind   in Denmark is conditional
    upon a 6 month period of residence for persons from other      countries .
    Therefore , periods of insurance completed by a worker in another
    Member State should be taken into account in fulfilling this condition .
    Articles 19(2) ( 2), 27 and 2oa
    The Danish public health law of 9 June 1971 introduced a scheme to
    cover the whole population and according to which entitlement to
    benefits is dependent simply on being resident on Danish territory .
    This differs from the sickness insurance schemes in the six Member
    States where entitlement to benefits is conditional on being
                                                        • ••/• • •
 ---pagebreak---                                - ifa-             DEL/200/72-E
insured or in receipt of a pension .  These schemes were worked out
to respond to the situation in the six Member States .   Therefore
certain provisions of Chapter 1 of the sickness and maternity-
Regulation could not be applied to Denmark without distorting the
principles which are fundamental to the rules which lay down that
the expenses shall be borne by the institutions , which would be to
          i
the detriment of the Danish institutions .
 ---pagebreak---                                  -5-                  DEL/200/7 2-E
This applies also to :
   ( i ) Article 19(2) , which lays down that the members of the family
         of a worker who is employed in one Member State and who
         themselves are resident in another Member State shall be
         eligible in that State for benefits in kind from the
         institution in their place of residence .    But these benefits
         shall be provided on behalf of the institution with which the
         worker is insured unless the members of the family are
         entitled to benefits under the legislation of the State of
         residence .
         When applied to the relations between the present six Member
       , States , this provision normally means that the expense of
         benefits thus provided should be borne by the institution
         with which the head of the family is insured .    However ,
         this is only possible if the members of the family are entitled
         to benefits under the legislation of the country in only
         relatively rare circumstances , in particular if the wife of
         the worker is gainfully employed in that country .
         The situation would be completely different between Denmark
         and another Member State .   In fact , if a worker is employed
         in a country other than Denmark , the members of his family
         resident in Denmark are entitled to benefits by the very fact
         of their residence .   Under the present Article 19(2) benefits
         would therefore be provided for them in all instances at
         the expense of the Danish institutions , which at the same time
         would bear the expense of benefits provided in another
         Member State for members of the family of a worker employed
         in Denmark .
         To avoid this sort of uneven distribution of expense , it is
         proposed to add a new subparagraph to Article 19(2) .     This
 ---pagebreak---                                  - 5a-               DEL/200/72-E
       would only apply to members of families residing in the
       territory of a Member State where such residence entitles
       them to benefits .     The benefits provided for these persons
       shall be at the expense of the institution with which the
       worker is insured , except in cases where the mother or the
       person caring for the children is gainfully employed in the
       State of ' residence ; •
( ii ) Articles 27 and 28 , which guarantee pensioners and their
       families sickness insurance benefit , and which determine
       which institutions should bear the expense of benefits .
                                                     • • •/ 1 » •
 ---pagebreak---                                   -6-                 DEL/200/72-E
When these provisions are applxed to relations between, the Member
States , the expense of providing such benefits should be borne by
the Member State or one of the Member States from which a pension
is due .
It would be different for a pensioner permanently resident in
Denmark .    As he would be entitled to benefits by the mere fact of
his residence in Denmark , any benefits given to him or members of
his family would all be at Danish expense even if the pensioner is
not entitled to a pension under Danish legislation .
To put this situation to rights it is proposed :
( a)     firstly to amend Article 27 by stating that it shall only
         apply to pensioners who are entitled to draw pensions under
         the legislation of several Member States , including that of
         the Member State in whose territory he is resident ;
(b)      to introduce a new Article 28a , the shortness of which can
         be attributed to the new subparagraph added to Article 19(2)
         and to Article 28 .  The new addition is designed to regulate
         the situation of pensioners entitled to a pension under
         either the legislation of a single Member State or that of
         several Member States other than the State in which he is
         resident when entitlement to benefits depends on being
         resident in this State .    Like Article 28 , this new provision
         imposes the expense of providing benefits for the pensioner
         and members of his family on the State or on one of the States
         from which a pension is due .
These adaptations , which respect the spirit in which Articles 19 ,
27 and 28 were drawn up , are also applicable to the British and
Irish legislation which are likewise based on residence .      However
in the case of Ireland , where the extent of benefits in kind depends
on the resources of the pensioner , special application procedures
 ---pagebreak---                                                    DEL/200/72-E
must be provided to prevent certain categories of people from being
partially or wholly excluded from these benefits .
 ---pagebreak---                                  -7-                DEL/200/72-E
Article 28(2 ) ( b )
It is proposed to amend the wording of the text to take account of
the fact that Danish legislation on pensions does not recognize the
concept period of "insurance ".
Article 31 > heading
With the introduction of an Article 28a , it is proposed that the
previous wording of the heading to this provision should be used
again , it being more general and appropriate .
Article 33
This provision should contain a mention of the new Article 2oa .
Title III , Chapter 2 Invalidity : title of Section 1 , Articles 37(1 )
and 38(1 ) Annex III .   B. DENMARK
The new Danish legislation on invalid pensions provides that a
pension be granted in proportion to the length of the periods of
residence .
Consequently ,
( a)    there should no longer be any reference to period of residence
        inthe title of Section 1 nor in Articles 37(1 ) aftd 38 ,
        title and (1 ), as this Section does not apply to Danish
        legislation :
(b )    point B. DENMARK should be deleted from Annex III .
 ---pagebreak---                                         -8-                        DEL/200/72-E
Articles ^( l ) ; 77(2) ( b ) ( ii ) ; 78(2 ) ( b ) ( ii ) ; 79(2) and ( *f)
The new Danish legislation on pensions only takes account of periods
of residence completed after the age of 15 *                   Therefore , it is no
longer necessary to state that the periods of residence which have
to be taken account of are those " completed after reaching the
minimum school leaving age for the person concerned , under a legis­
lation under which entitlement to benefits is subject to the com­
pletion of periods of residence".               This simplification of the
wording allows for the expression "periods of residence " to be
introduced into Articles 77 » 78 and 79 and for Article 79 (^) to be
deleted .
Article        .   Annex V.B. DENMAKK(5 )
In the new system of calculating pensions which has been introduced ,
the amount of benefit granted is proportional to the number of years
residence oompleted .       Therefore , there is no longer sufficient
justification for retaining this particular provision , as it had
been adopted to take account of the applicability conditions laid
down by present legislation , viz . one year 's residence in Denmark
immediately before the materialization of the risk .                   However , if
this condition no longer appears in the new legislation , what the
latter does stipulate as a condition for the acquisition of entitle­
ment is that Denmark be the normal place of residence .                      This
condition does not run contrary to the interest of workers who are
no longer resident in Denmark at the time they apply for a pension .
It is therefore proposed to lift this condition while stipulating
in Annex V that the provisions of the pension laws which lay it
down shall not apply to workers or their survivors who are resident
in the territory of a Member State other than Denmark .
Article *f6(l ) and (_2) ( a)
The text must be clarified so that no doubt remains as to its
 ---pagebreak---                                -oa-                 DEL/200/72-E
application to those applying for a subsistence pension-.    This
question has a parti cular application in Denmark , where legislation
on widows pensions grants widows a personal right and not a right
arising under another person .   Furthermore it should be noted that
under this legislation the widows pension is calculated on the
basis of periods of residence completed by the widow or those
completed by the husband , whichever are the longer .
 ---pagebreak---                                    -9-                 DEL/200/72-E
Title III , Chapter k ; title of Section 1 and Article 51a
This provision is no longer necessary due to the fact that entitle­
ment to daily cash benefits in case of accidents at work is subject
to the law on daily cash benefits in case of sickness or maternity
which no longer makes entitlement to benefit subject to conditions
of employment .
Article' 6k
As the right to death grants m Denmark xs subject to a six month
period of residence , and to take account of the fact that the
deceased worker could come under the legislation of Denmark and one
or more other Member States , it is proposed that the term "periods
of residence " be included in this provision .
Annex III . B. DENMARK
cf . Title III , Chapter 2 - Invalidity above .
Annex V B. DENMARK
   (i)   Paragraph ^
         This provision should be adapted to take account
         ( a) of the new provisions laid down by Article 19(2) ( 2)
               and Article 28 ;
         ( b ) of the fact that the new public health law no longer
               divides those entitled to benefits into categories
               A and B , but makes a distinction on the basis of their
               level of income .
 ( ii ) Paragraph 5
         In view of the new scheme introduced by the new public
         health law, it no longer seems necessary to register the
         members of the family of a worker employed in Denmark , or
         of a person entitled to a pension payable under Danish
         legislation but not resident in Denmark , in order for these
 ---pagebreak---                                    9a              DEL/200/72-E
 .      members of a family to be entitled to benefits in kind from
        the State in which they are resident .  Therefore , the present
        text of paragraph 5 could be deleted .
( iii ) Paragraph 5 ( new)
        cf. Article ^5(4 ) above .
                                                  • • ♦/ • • •
 ---pagebreak---                                  -10-                 DEL/200/72-E
( iv )   Paragraph 6 (new)
         Under Danish legislation the right to a widows pension is a
         personal right and not a right arising under another person .
         Therefore a provision should be included which ensures that
         widows of workers employed in Denmark shall be entitled to
         benefits under Danish legislation , even if they have never
         been resident in Denmark , in so far as they are resident in
         the territory of a Member State .
   ( v ) Paragraph 7 ( new)
         The new Danish legislation contains transitional provisions
         designed for Danish nationals to bridge the transition between
         the applicability of the present legislation , with very broad
         conditions for entitlement , and the new legislation , which is
         much stricter on this point .   Fdr instance it will be recalled
         that to grant a full pension for invalidity and subsistence ,
         the length of required residence goes up from one year
         immediately before the occurence of the event to forty years
         ( which includes nominal periods , it nust be added ).    For
         an old age pension this condition shall be raised from one
         year immediately preceding retirement to either forty years
         or ten years , five of which must immediately precede retire­
         ment age .
        'Present legislation on invalidity and subsistence will continue
         to be applicable for a certain period of time , and no later
         than 30 June 1975-
         For old age , less strict conditions of residence are laid down
         for Danish nationals born before 1918 .    It is proposed
         to extend entitlement to these transitional provisions to
         nationals from other Member States in so far as they can
         prove a three year period of residence in Denmark immediately
         before the date on which an application for a pension is filed .
                                                      • • # /• • •
 ---pagebreak---                                    -10a'                DEL/200/72-E
( vi )     Paragraph 8 ( new)
           This provision is intended to regulate the situation of frontier
           and seasonal workers employed in Denmark but who are resident
           in another Member State and because of/ this cannot rely on
           periods of residence in Denmark to become entitled under Danish
           legislation .   Therefore , periods of employment completed by
           these workers shall be included in periods of residence .
( vii ) Paragraph 9 (new)
           Danish law on daily cash benefits in case of sickness or
           maternity provides for maternity cash benefits being granted only
           if the interested person was receiving a salary of a specified
       • ^ minimum amount for a defined period before becoming incapable
           of work .  It is proposed to include in Annex V a specific
           provision which would allow interested persons who are not
           subject to Danish legislation for the whole of the reference
           period to be entitled in any case to benefits .    This would be
           conditional on whether the salary they received in Denmark reached
           the level stipulated and on whether they were subject to the
           legislation of another Member State in the period preceding
           their employment in Denmark .
 ---pagebreak---                                                          DEL/200/72-E
                                ANNEX
PROPOSAL FOR A REGULATION No            OF THE COUNCIL , AMENDING COUNCIL
REGULATION ( EEC ) No 1^08/71 OF Ik JUNE 1971 ON THE APPLICATION OF
SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING
WITHIN THE COMMUNITY
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty concerning the accession of new Member States
to the European Economic Community and to the European Atomic Energy
Community , signed on 22 January 1972 , and in particular Article 153 of
the Act annexed thereto ;
Having regard to the proposal from the Commission ;
Whereas , pursuant to Article 30 of the Act referred to above , Council
Regulation (EEC) No 14-08/71 ^^ of l^f June 1971 on the application of
social security schemes to employed persons and their families moving
within the Community , must be amended in conformity with the guidelines
laid down in Annex II to this Act .
(1) 0J No L lJ*9, 5 July 1971 , p . 2 .
 ---pagebreak---                                       -2-                 DEL/200/72-E
 HAS ADOPTED THIS REGULATION i
                                  Article 1
 Council Regulation (EEC) No 1^08/71 is amended as follows :
1 . Article l(s)(a ) is replaced by the following :
    "( s)(a) "periods of residence " neans periods of residence as defined
    or recognized by the legislation under which they were completed or
    considered to be completed ."
2 . Article 9(2) is replaced by the following :
    " 2 . Where , under the legislation of a Member State , admission to
      voluntary or optional continued insurance is conditional upon
      completion of periods of insurance or residence , any such periods.
    , completed under the legislation of another Member State shall be
      taken into account , to the extent required j as if they had been
      completed under the legislation of the first State ."
J>. In Article 18 , the title and paragraph 1 are - replaced by :
    " Aggregation of periods of insurance , employment or residence .
      1 . The competent institution of a Member State whose legislation
          makes the acquisition , retention or recovery of entitlement to
          benefits conditional upon the completion of periods of insurance ,
          employment or residence shall , in so far as is necessary , take
          into account periods of insurance or employment completed under
          the legislation of any other Member State as though such periods
          had been completed under its own legislation ."
 ---pagebreak---                                        -3-                DEL/200/72-E
4 . After Article 19(2), a second subparagraph is inserted as follows :
     " Where members of the family are resident in the territory of a
       Member State under whoso legislation entitlement to benefits in kind
       is not subject to conditions relating to insurance or employment ,
      benefits in kind shall be provided for them on behalf of the
      institution with which the workers is insured , unless his wife or
       the person caring for the children is pursuing a professional or
 i     trade activity in the territory of the said Member State ."
5 * Article 27 is replaced by the following :
                                   " Article 27
     Pensions payable Tinder the legislation of several States , in cases
     where a right to benefits is enjoyed in the country of residence .
     A pensioner who is entitled to draw pensions under the legislations
                           ■i
     of two op more Member States , including that of the State on. whose
     territory he resides , and who is entitled to benefits undey the
     legislation of the latter State , taking account inhere appropriate
                                                                         4
     of the provisions of Article 18 and Annex V , shall , with the members
   . of - his family , receive such benefits from the institution of the
     place of residence and at the expense of that institution as though
     he were a pensioner whose pension was payable solely under the
     legislation of the latter State ."
6 . Article 28(2) ( b ) is replaced by the following :
     "(b ) Where the pensioner is entitled to the said benefits under the
            legislation of two or more Member States , the cost thereof
            shall be borne by the competent institution of the Member State
            to whose legislation the pensioner has been subject for the
            longest period ; should the application of this rule result in
            several institutions being responsible for the cost of benefits ,
            the cost shall be borne by the institution administering the
            legislation to which the pensioner was last subject ."
                                                          • » • /• • m
 ---pagebreak---                                                          DEL/200/7 2-E
7 . After Article 28 is added the following Article 28a :
                               " Article 2oa
    Pensions payable under the legislation of one or more States other
    than the country of residence where a right to benefits is enjoyed
    in that country .
    Where a pensioner is resident on the territory of a Member State under
    whose legislation entitlement to benefits in kind is not subject to
    conditions relating to insurance or employment and under whose legis­
    lation no pension is payable , the cost of benefits in kind provided
    for a pensioner entitled to draw a pension or pensions under the legis­
    lation of one or more Member States , or for members of his family ,
    shall be borne by the institution of one of the Member States competent
    in respect of pensions , determined in accordance with the rules laid
    down in Article 28(2) , in so far as the said pensioner and the members
    of his family would be entitled to these benefits under legislation
    applied by the said institution if they were resident on the terri­
    tory of the state where this institution is situated ."
8 . The heading of Article 31 is replaced by the following :
    "A pensioner entitled to draw a pension or pensions under the legis­
     lation of one or more Member States who is also entitled to benefits
     under the legislation of one of those States shall , with members of
     his family , receive such benefits while staying in the territory of
     a Member State other than the one in which they reside ."
9 . Article 33 is replaced by the following :
                                 " Article 33
                    Contributions payable by pensioners
    The institution responsible for payment of a pension , and which
    belongs to a Member State whose legislation provides for deductions
    from pensions in respect of contributi/Lis ; payable by pensioners to
     cover sickness and maternity benefits shall be authorized to make
    such deductions from the pension payable by such institution calculated
    in accordance with tie legislation concerned , to the extent that the cost
    of benefits in kind under Articles 27 , 28 , 28a , 29 , 31 and 32 is to be
    borne by an institution of the said Member State ."
                                                             /...
 ---pagebreak---                                      -5-                 DEL/200/72-E
10 . The title of Section 1 of Chapter 2 of Title III is replaced by the
     following :
     " Workers subject only to legislations under which the amount of
       invalidity benefits is independent of the duration of insurance
      periods ."
11 , Article 37(1 ) is replaced by the following :
     "1 . A worker who has been successively or alternately subject to the
          legislations of two or more Member States and who has completed
          insurance periods exclusively under legislations according to
          which the amount of invalidity benefits is independent of the
          duration of insurance periods , shall receive benefits in accor­
          dance with Article 39 »   This Article shall not affect pension
          increases or supplements in respect of children , granted in accor­
          dance with the provisions of Chapter 8 ."
12 . In Article 38 , the title and paragraph 1 are replaced by the following
     "Aggregation of periods of insurance
      1 . The competent institution of a Member State whose legislation
          makes the acquisition , retention or recovery of the right to
          benefit conditional upon the completion of insurance periods
          shall take account to the extent necessary of insurance periods
          completed under the legislation of any other Member States , as
          though they had been completed under the legislation which it
          administers ."
13 . Article ^5(1 ) is replaced by the follov.dng :
      "1 . An institution of a Member State whose legislation makes the
           acquisition , retention or recovery of the right to benefits
           subject to the completion of periods of insurance or residence
           shall take into account , to the extent necessary , periods of
           insurance or residence completed under the legislation of any
           other Member State , as though they had been completed under
           the legislation which it administers ."
 ---pagebreak---                                      - 5a'               DEL/200/72-E
l*f . Article         is deleted .
15 « The first paragraph of Article ^6(1 ) is replaced by the following :
      "1 . Where a worker has been subject to the legislation of a Member
           State and where he satisfies its conditions for entitlement to
           benefits without application of the provisions of Article b5
           being necessary , the competent institution of that Member State
           shall , in accordance with the legislation which it administers ,
           determine the amount of benefit corresponding to the total
           length of the periods of insurance or residence to be taken
           into account in pursuance of such legislation ."
                                                         • • •/• •
 ---pagebreak---                                       -6-               DEL/200/72 -E
16 . Article 46(2 ) is replaced by the following :
     "( a) the institution shall calculate the theoretical amount of
           benefit that the person concerned could claim if all the
           periods of insurance or residence completed under the legislations
           of the Member States , to which the worker has been subject had
           been completed in the State in question and under the legis­
           lation administered by it on the date the benefit is awarded .
           If under that legislation the amount of benefit does not depend
           on the length of the periods completed , this amount shall be
           taken as the theoretical amount referred to in this subparagraph."
17 . In Title III , Chapter     the new Section 1 and Article 51(a) are
     deleted , and the previous order of the Sections of the chapter
     should be re-established .
18 . Article 6k is replaced by the folio wing :
                                 " Article bk
            Aggregation of periods of insurance or residence
    The competent institutions of a Member State whose legislation makes
    the acquisition , retention or recovery of the right to death grants
    subject to the completion of periods of insurance or residence shall
    take account , to the extent necessary , of periods of insurance or
    residence completed under the legislation of any other Member State
    as though they had been completed under the legislation which it
    administers ."
 ---pagebreak---                                       -7-                  DEL/200/72-E
19 . Article 77(2)(b)(ii ) is replaced by the following :
    "( ii ) In other cases , in accordance with that legislation to which
             he has been subject for the longest period , provided that ,
             taking into account where appropriate Article 79(1 ) ( a ), a
            right to one of the benefits referred to in paragraph ( i ) is
            acquired under such legislation ; if no right to benefit is
            acquired under that legislation , the conditions for the
            acquisition of such right under the legislations of the other
            States in question shall be examined in decreasing order of
            the length of the periods of insurance or residence completed
            under the legislations of those States ."
20 . Article 78(2)(b)(ii ) is replaced by the following :
     "( ii ) In other cases , in accordance with . that legislation to which
              the deceased worker had been subject for the longest period
              provided that , taking into account where appropriate Article 79(1 ) (
              a right to one of the benefits referred to in paragraph 1 is
              acquired under such legislation ; if no right is acquired under
              that legislation , the conditions for the acquisition of such
              right under the legislations of the other States in question
              shall be examined in decreasing order of the length of the
           , periods of insurance ox- residence completed under the legis­
              lations of these States ."
21 . Article 79(2) is replaced by the following :
     "2.      In a case where the effect of applying the rule laid down in
              Articles 77(2)(b)(ii ) and 78(2)(b)(ii ) would be to make
              several Member States responsible , the length of the periods
              being equal , benefits within the meaning of Article 77 or
              Article 78 , as the case may be , shall be granted in accordance
              with the legislation of the Member State to which the worker
              was last subject ."
                                                           « • •/• • •
 ---pagebreak---                                       - 7a-                   DEL/200/72-E
                                           i
22 , Article 79(t-) is deleted .
23 - In Annex III , point B - DENMARK is deleted .
2**. In Annex V , B - DENMARK :
    (a) paragraph is replaced by the following :
        " k . Workers , applicants for pensions and pensioners , together
              with members of their families as referred to in
              Articles 19 , 22(1 ) and (3 ), 25(1 ) and (3 ) , 26(1 ), 28a ,
              29 and 31 of the Regulation who are resident or staying in
              Denmark shall be entitled to benefits in kind on the same
              terms as those laid down by Danish legislation in respect
              of persons whose income does not exceed the level indicated
              in Section 3 of law No $11 of 9 June 1971 on the public health
              service , where the cost of such benefits is to be borne by
              the institution of a Member State other than Denmark ."
 ---pagebreak---                                     -8-                    DEL/200/72-E
(b ) paragraph .5 is replaced by the following:
      "5 . The provisions of Article 1(1 ) ( ii ) of the law on old age
            pensions , of Article l(l)(ii ) of the law on invalidity-
            pensions , and of Article 2(1 ) ( ii ) of the law on widows
            pensions and benefits shall not apply to workers or their
            survivors v/ho are resident in a Member State other than
            Denmark ."
( c ) After paragraph       paragraphs 6 , 7i 8 and 9 are inserted as follows
      " 6 . The provisions of Danish legislation on widows pensions shall
            apply to the widows of workers who had been subject to Danish
            legislation , even if these   widows have not been resident in
            Denmark ."
      " 7 . The provisions of the Regulation do not affect the transitional
            provisions ofthe Danish laws of 7 June 1972 concerning the
            pension rights of Danish nationals who were normally resident
            in Denmark for a specified period immediately before filing
            the application , but the pension shall be granted , on the
            terms laid down for Danish nationals , to nationals from other
            Member States v/ho were normally resident in Denmark for the
            three years immediately before the date the application was
            filed ."
      "8 . The periods during which a frontier or seasonal worker,
            resident in a Member State other than Denmark has been
            employed on Danish territory , shall be considered as periods
            of residence under Danish legislation .       The same provision
            shall apply in respect of periods during which such a
            worker is seconded in the territory of a Member State other
            than Denmark ."
      " 9 . To determine whether the conditions for entitlement to the
            benefits provided for in Chapter 12 of the law on daily cash
 ---pagebreak---                                                 DEL/200/72-E
benefits in case of sickness or maternity are satisfied ,
if the persons concerned has not been subject to Danish
legislation for the whole of the reference period laid down
in Section        subsection ( l ) or ( 2) of the aforementioned
law:
( a) account shall be taken , vhere appropriate , of periods
      of insurance completed under the legislation of a Member
      State other than Denmark during the said reference period
      during which the person concerned was not subject to
      Danish legislation as if they had been completed under
      this latter legislation , and
( b ) the person c ncerned shall be deemed to have received
      during the periods thus taken into account an average
      wage or .salary of an amount equal to the average of
      wages or salaries recorded during the periods completed
      under Danish legislation during the said reference period .
 ---pagebreak---                                    -9-                 DEL/200/72-E
                               Article 2
This Begulation shall enter Into force on the accession of the new
Hasber States to the European Ccssuiiities .
However , the application of this Regulation in the new Nenber States
                                             \
shall be deferred until the folio ting dates :
                        Denmark : 1 April 1973
                        Ireland : 1 April 1973
                 United Kingdon : 1 April 1973
This Begulation is binding in its entirety and directly applicable in
all Henber States .
Done at Brussels ,           19– •
                                               For the Council
                                               The President