CELEX: 31973Y0919(08)
Language: en
Date: 1973-02-22 00:00:00
Title: Decision No 80 of 22 February 1973 concerning the interpretation of Article 45 (2) of Regulation (EEC) No 1408/71 relating to aggregation of insurance periods completed in an occupation subject to a special scheme in one or more Member States

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31973Y0919(08)

Decision No 80 of 22 February 1973 concerning the interpretation of Article 45 (2) of Regulation (EEC) No 1408/71 relating to aggregation of insurance periods completed in an occupation subject to a special scheme in one or more Member States  

Official Journal C 075 , 19/09/1973 P. 0010 - 0011 Spanish special edition: Chapter 05 Volume 2 P. 0013  Portuguese special edition Chapter 05 Volume 2 P. 0013 

DECISION No 80  of 22 February 1973  concerning the interpretation of Article 45 (2) of Regulation (EEC) No 1408/71 relating to aggregation of insurance periods completed in an occupation subject to a special scheme in one or more Member States   THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS;  Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71;  Whereas Decision No 50 published in the Official Journal of the European Communities No 53 of 28 March 1964 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations, there are ground for reaching a new decision;  Whereas it is in fact essential to know whether the schemes for mineworkers in various Member States are "corresponding schemes" within the meaning of Article 45 (2) of Regulation (EEC) No 1408/71, in order to determine whether the insurance periods completed by virtue of those schemes must be aggregated without verifying the nature of the occupation in which the said periods were completed;  Whereas Article 45 (2) of Regulation (EEC) No 1408/71 stipulates that where the legislation of a Member State makes the award of certain benefits conditional upon the completion of the insurance periods in an occupation subject to a special scheme, the only insurance periods to be aggregated for eligibility for such benefits shall be periods completed under corresponding schemes of other Member States and periods completed in the same occupation under other schemes of the said Member States;  Whereas the "corresponding schemes" referred to in Article 45 (2) of Regulation (EEC) No 1408/71 are special schemes in Member States for workers in a similar occupation;  Whereas the special schemes for mineworkers in Germany, Belgium, France, Italy and Luxembourg meet these criteria, after deliberation in the light of the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71;  HAS DECIDED:        1.  The special schemes for mineworkers in Germany, Belgium, France, Italy and Luxembourg are corresponding schemes within the meaning of Article 45 (2) of Regulation (EEC) No 1408/71. 2. Consequently insurance periods completed by virtue of the said special schemes for mineworkers must be taken into consideration for the purpose of their aggregation in accordance with Article 45 (2) first sentence of Regulation (EEC) No 1408/71, as determined by those schemes, irrespective of their actual area of application and without verification of the nature of the occupation in which the said periods were completed.    3. This Decision shall be published in the Official Journal of the European Communities. It shall apply to the six Founder Member States as from 1 October 1972 and, in accordance with the Treaty of Accession, as from 1 April 1973 for the three new Member States.      The President of the Administrative Commission  J. DONIS