CELEX: 51992PC0315
Language: en
Date: 1992-07-31
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

28 . 9 . 92                                   Official Journal of the European Communities                                   No C 251 / 51
                 Proposal for a Council Regulation 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
                                                              ( 92 / C 251 / 03 )
                                                            COM (92) 315 final
                                            (presented by the Commission on 3 August 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  of periods of marriage of a worker's spouse for entitlement to
                                                                           an old-age pension for that spouse ; whereas there is a need
Having regard to the Treaty establishing the European                      therefore to specify the scope of the entries in section J. ,
Economic Community , and in particular Articles 5 1 and 235                Netherlands , of Annex VI of Regulation ( EEC ) No
thereof,                                                                   1408 / 71 ;
Having regard to the proposal of the Commission , drawn up                 Whereas it has become necessary to specify , in section J. ,
after consulting the Administrative Commission on Social                   Netherlands , of Annex VI to Regulation ( EEC ) No
Security for Migrant Workers ,                                             1408 / 71 , the requirement that a Netherlands worker posted
                                                                           abroad must pay the minimum contribution for his
Having regard to the opinion of the European Parliament ,                  Netherlands spouse to be able to be taken into consideration
                                                                           under the general old-age insurance scheme ;
Having regard to the opinion of the Economic and Social
Committee ,                                                                Whereas there is a need for certain amendments to be made to
                                                                           section J. , Netherlands , of Annex VI to Regulation ( EEC )
Whereas there is a need for certain amendments to be made to               No 1408 / 71 with a view to preventing the retention of a
                                                                           system whereby contributions continue to be levied for
Regulation ( EEC ) No 1408 / 71 (*) and Regulation ( EEC ) No
574 / 72 ( 2 ), both as last amended by Regulation ( EEC ) No              voluntary general old-age insurance and general widows' and
1249 / 92 ( 3 ); whereas some of these amendments relate to                orphans' insurance during a period in which the spouse of a
changes made by the Member States to their social security                 worker has an autonomous right to an old-age pension ;
legislation while others are of a technical nature and are
designed , by virtue of the experience gained in applying                  Whereas there is a need for a provision apportioning the
them , to define the said Regulations ;                                    share of the costs of family benefits where such benefits are ,
                                                                           for the same period and the same family member , due under
Whereas there is a need for certain amendments to be made to               the legislation of two Member States pursuant to Articles 73
section G. , Ireland , of Part 1 of Annex I to Regulation ( EEC )          and / or 74 of Regulation ( EEC ) No 1408 / 71 ;
No 1408 / 71 , in order to take account of the interpretation
by the Irish authorities of the term 'self-employed person';               Whereas there is a need for heading C. , Germany , of Annex 2
                                                                           to Regulation ( EEC ) No 574 / 72 to be amended to take
Whereas it has become necessary to adapt section G. ,                      account of certain reallocations of powers between certain
Ireland , of Annex VI to Regulation ( EEC ) No 1408 / 71 , as a            German bodies ;
result of amendments to Irish legislation on maternity
benefits ;
                                                                           Whereas it is necessary to amend certain provisions in the
                                                                           heading on Ireland in Annexes 2 , 3 and 4 to Regulation
Whereas , as a result of changes to the Netherlands rules on               ( EEC ) No 574 / 72 as a result of organizational changes to the
statutory health insurance for pensioners , for those drawing              Irish bodies responsible for administering the pension
early retirement pensions and for the family members of                    schemes for widows and orphans and old-age pension
employed and self-employed persons , there is a need to                    schemes ;
amend section J. , Netherlands , of Annex VI to Regulation
( EEC ) No 1408 / 71 ;
                                                                           Whereas , the address of one of the Netherlands bodies
                                                                           having changed , there is a need to update the references
Whereas it would appear necessary to clarify the application ,             thereto , under the heading on the Netherlands of Annexes 2 ,
in particular as regards equality of the sexes , of the provisions         3 and 4 to Regulation ( EEC ) No 574 / 72 , referring to this
in Netherlands legislation relating to the taking into account             body ;
(>) OJ No L 149 , 5 . 7 , 1971 , p. 2 .
( 2 ) OJ No L 74 , 27 . 3 . 1972 , p. 1 .                                  Whereas , as a result of reorganization of the services
( 3 ) OJ No L 136 , 19 . 5 . 1992 , p. 28 .                                responsible for the provision of cash benefits in the United
 ---pagebreak--- No C 251 / 52                                         Official Journal of the European Communities                                          28 . 9 . 92
Kingdom , there is a need to amend the heading on the United                                          by the State or by or under an industrial
Kingdom of Annexes 3 , 4 and 10 to Regulation ( EEC ) No                                              agreement , or a scheme to be designated
574 / 72 ;                                                                                            by the Sickness Fund Council .'
Whereas there is a need to amend heading 7 , Belgium-Italy ,                             ( iv ) the following subparagraph shall be added to
of Annex 5 to Regulation ( EEC ) No 574 / 72 to take account                                    point 1 :
of a new agreement of the reimbursement of reciprocal                                           '( c ) Members of the family as referred to
claims , concluded by an exchange of letters between these                                             in Article 19 ( 2 ) who reside in the
two countries ;
                                                                                                       Netherlands and employed or self­
                                                                                                       employed workers and the members of
Whereas there is a need to amend heading 41 ., France-Italy ,                                          their families as referred to in Article 22
of Annex 5 to Regulation ( EEC ) No 574 / 72 as a result of an                                         ( 1 ) ( b ) and ( 3 ) read in conjunction with
exchange of letters between these two countries on the                                                 Article 22 (1 ) ( b ), and Articles 25 and 26
procedures for settling reciprocal claims ;                                                            who are entitled to benefits under the
                                                                                                       legislation of another Member State
Whereas , as a result of the denunciation by the French                                                shall not be insured under the Algemene
authorities of the agreement between France and the United                                              Wet Bijzondere Ziektekosten ( Law on
Kingdom waiving reimbursement of sickness and maternity                                                General Insurance against Special
benefits in kind for pensioners , there is a need to amend                                             Medical Expenses ) ( AWBZ ).'
heading 45 ., France-United Kingdom , of Annex 5 to
Regulation ( EEC ) No 574 / 72 ,                                                           (v)  point 2 ( b ) shall be replaced by the
                                                                                                following :
                                                                                                '( b ) Similarly , the reduction referred to in
HAS ADOPTED THIS REGULATION :                                                                           Article 13 ( 1 ) of the AOW shall not
                                                                                                        apply to calendar years or parts thereof
                                                                                                        prior to 2 August 1989 during which ,
                                       Article 1                                                        between his fifteenth and sixty-fifth
                                                                                                        birthdays , the person who is or was
                                                                                                        married was not insured under the
Regulation ( EEC ) No 1408 / 71 shall be amended as
follows :                                                                                               abovementioned legislation despite
                                                                                                        being resident in the territory of
1 . Point 2 of Annex I , section I , section G. , Ireland , shall be                                    a      Member        State  other  than      the
     replaced by the following:                                                                         Netherlands , if these calendar years or
                                                                                                        parts thereof coincide , on the one hand ,
     'Any person who is compulsorily or voluntarily insured                                             with the periods of insurance completed
    pursuant to the provisions of section 17 A of the Social                                            by the person's spouse under that
     Welfare ( Consolidation ) Act , 1981 shall be considered a                                         legislation provided that the couple's
     self-employed person within the meaning of Article 1 ( a )                                         marriage subsisted during these
     ( ii ) of the Regulation .'                                                                        periods , and , on the other , with the
                                                                                                        calendar years or parts thereof to be
2.   Annex VI shall be amended as follows :                                                             taken into account under subparagraph
                                                                                                        ( a ).
     ( a ) Section G. , Ireland :
                                                                                                        By way of derogation from Article 7
               ( i ) in point 5 , the word 'maternity' shall be deleted                                 of the AOW , this person shall be
                          from the phrase 'with sickness , maternity and                                considered a pensioner .'
                          unemployment benefits';
                                                                                         ( vi ) point 2 ( c ) shall be replaced by the
             ( ii ) point 8 shall be deleted .
                                                                                                following:
     ( b ) Section J. , Netherlands :                                                           '( c ) The reduction referred to in Article 13
                                                                                                       ( 2 ) of the AOW shall not apply to
                     ( i ) point 1 ( b ) shall be deleted ;                                            calendar years or parts thereof prior to
                                                                                                        1 January 1957 during which the spouse
                   ( ii ) point 1 ( c ) shall become point 1 ( b );                                    of a pensioner who fails to satisfy the
                                                                                                       conditions for having these years treated
                 ( iii ) the fifth indent of the new point 1 ( b ) shall be
                                                                                                        as periods of insurance resided in the
                            replaced by the following :
                                                                                                       Netherlands between the spouse's
                            — 'benefits in respect of a pension before the                             fifteenth and sixty-fifth birthdays or
                                age of 65 under a pension scheme                                       during which , despite being resident on
                                designed to provide old-age assistance to                              the territory of another Member State,
                                workers and former workers , or benefits                               the spouse pursued an activity as an
                                in respect of an early retirement pension                               employed person in the Netherlands
                                from work under a scheme for early                                      for an employer established in the
                                retirement set up by the State or by or                                Netherlands .'
 ---pagebreak--- 28 . 9 . 92                                           Official Journal of the European Communities                                      No C 251 / 53
             (vii) point 2 ( d) shall be replaced by the                                       '( ii ) If the last contribution was paid into the
                      following:                                                                        pension insurance scheme for clerical
                      '( d ) The reduction referred to in Article 13                                    staff:
                              ( 2 ) of the AOW shall not apply to                                       — if no contribution was paid into
                              calendar years or parts thereof prior to                                      the Seekasse ( mariners' insurance
                              2 August 1989 during which , between                                          fund ), Hamburg , or if the last
                              his fifteenth and sixty-fifth birthdays ,                                     contribution was not paid to the
                              the pensioner's spouse was resident                                           Bundesbahnversicherungsanstalt
                              in a Member State other than the
                                                                                                            ( federal railways insurance office),
                              Netherlands and was not insured under                                         Frankfurt am Main :
                              the abovementioned legislation if these
                              calendar years or parts thereof coincide ,                                    Bundesversicherungsanstalt            fur
                              on the one hand , with the periods of                                         Angestellte ( federal insurance office
                              insurance completed by the spouse                                             for clerical staff), Berlin .
                              under that legislation provided that the                                  — if a contribution was paid into the
                              couple's marriage subsisted during these                                      Seekasse ( Rentenversicherung der
                              periods , and , on the other , with the                                       Arbeiter oder der Angestellten)
                              calendar years or parts thereof to be                                         (mariners' insurance fund (pension
                              taken into account under subparagraph                                         insurance scheme for manual workers
                              ( a ).'                                                                       of clerical staff)), Hamburg:
            ( viii ) the following sentence shall be added to                                               Seekasse ( mariners' insurance fund ),
                      point 2 ( g ):                                                                        Hamburg .
                      '(g) The authorization referred to in point 4                                     — if the last contribution was paid to the
                              of ( f) may not be granted to a spouse                                        Bundesbahnversicherungsanstalt
                              residing in the Netherlands of an
                                                                                                            ( federal railways insurance office ),
                              employed or self-employed person to                                           Frankfurt am Main :
                              whom the provisions of Article 14 ( 1 ),
                              Article 14a ( 1 ) or Article 17 of the                                         Bundesbahnversicherungsanstalt
                              Regulation apply .'                                                            ( federal railways insurance office ),
                                                                                                             Frankfurt am Main .'
               ( ix ) point 2 (h ) shall be replaced by the
                       following :                                                      ( ii ) Point 2 ( b ) ( ii ) shall be replaced by the
                       '( h ) The provisions referred to in ( a ), (b ),                        following:
                               ( c), ( d) and ( f) shall not apply either to
                                                                                                '( ii ) If the last contribution was paid into the
                               those periods which coincide with                                        pension insurance scheme for clerical
                               periods which may be taken into                                          staff:
                               account for calculating pension rights
                               under the old-age insurance legislation                                  — if no contribution was paid into the
                               of a Member State other than the                                              Seekasse ( mariners' insurance fund ),
                               Netherlands or to those periods during                                        Hamburg , or if the last contribution
                               which the person concerned has drawn                                          was         not      paid      to    the
                               an old-age pension under such                                                 Bundesbahnversicherungsanstalt
                               legislation .'                                                                ( federal railways insurance office),
                                                                                                             Frankfurt am Main :
                                       Article 2                                                             Bundesversicherungsanstalt            fur
                                                                                                             Angestellte ( federal insurance office
Regulation (EEC ) No 574 / 72 shall be amended as                                                             for clerical staff), Berlin .
follows :
                                                                                                        — if a contribution was paid into the
 1 . The following paragraph shall be added to Article 10 :                                                   Seekasse ( Rentenversicherung der
     '3 .        Where family benefits are due , over the same                                                Arbeiter oder der Angestellten )
     period and for the same member of the family , under the                                                 ( mariners' insurance fund (pension
                                                                                                              insurance scheme for manual workers
     legislation of two Member States pursuant to Articles 73
     and / or 74 of the Regulation , the Member State with                                                    or clerical staff)), Hamburg:
     legislation providing for the highest levels of benefit shall                                            Seekasse ( mariners' insurance fund),
     pay the total amount of such benefit and be reimbursed                                                   Hamburg .
     half this sum by the other Member State up to the limit of
     the amount provided for in the legislation of the latter                                            — if the last contribution was paid to the
     Member State .'                                                                                          Bundesbahnversicherungsanstalt
                                                                                                              ( federal railways insurance office),
 2 . Annex 2 shall be amended as follows :                                                                    Frankfurt am Main :
      ( a ) Heading C. , Germany :                                                                            Bundesbahnversicherungsanstalt ,
              ( i ) Point 2 ( a ) ( ii ) shall be replaced by the                                              ( federal railways insurance office),
                     following:                                                                                Frankfurt am Main .'
 ---pagebreak--- No C 251 / 54                                     Official Journal of the European Communities                                        28 . 9 . 92
   ( b ) Heading G. , Ireland :                                                              ( b ) Old-age and death (pensions ):
         Point 2 shall be replaced by the following :
                                                                                                   Department of Social Welfare ,
         '2 .      Cash benefits                                                                   Pensions Services Office ,
                                                                                                   Sligo
                   ( a ) Unemployment benefits :
                            Department of Social Welfare , Dublin ,
                                                                                             ( c ) Family benefits :
                            including the provincial offices responsible
                            for unemployment benefits                                              Department of Social Welfare ,
                    ( b ) Old-age and death (pensions ):                                           Child Benefit Section ,
                                                                                                   Oliver Plunkett Street ,
                            Department of Social Welfare ,                                         Letterkenny , Co . Donegal .
                            Pensions Services Office ,
                            Sligo .                                                          ( d ) Other cash benefits :
                   ( c ) Family benefits :
                                                                                                   Department of Social Welfare , Dublin .'
                            Department of Social Welfare ,
                            Child Benefit Section ,
                                                                                ( b) Point 3 ( a ) under heading J. , Netherlands , shall be
                            Oliver Plunkett Street ,                                 replaced by the following :
                            Letterkenny , Co . Donegal .
                   ( d ) Other cash benefits :                                       '( a ) As a general rule :
                            Department of Social Welfare , Dublin .'
                                                                                              Sociale Verzekeringsbank ( social insurance
   ( c) Heading J. , Netherlands :                                                            bank )
                                                                                              Postbus 1100
             ( i ) Subparagraph 3 ( a ) shall be replaced by the                               1180 BH Amstelveen .'
                      following:
                      '( a ) General scheme :
                                                                                ( c) Heading L. , United Kingdom :
                              Sociale Verzekeringsbank ( social
                              insurance bank),
                              Postbus 1100 ,                                           ( i ) Point 2 shall be replaced by the following:
                              1180 BH Amstelveen .'
                                                                                             'Cash benefits (except for family benefits )
           ( ii ) Subparagraph 5 (c) shall be replaced by the
                      following :
                                                                                                   Great Britain :      Newcastle Benefits
                      '( c ) In other cases :                                                                           Directorate ,
                              Sociale Verzekeringsbank ( social                                                         Benefits Agency ,
                              insurance bank ),                                                                         Overseas Branch ,
                              Postbus 1100 ,                                                                            Newcastle upon
                              1180 BH Amstelveen .'                                                                     Tyne NE98 1YX .
         ( iii ) Subparagraph 6 ( a ) shall be replaced by the                                     Northern Ireland :   Northern Ireland
                      following:                                                                                        Social Security
                                                                                                                        Agency ,
                      '( a) Where the benefit is awarded from a date                                                    Belfast BT1 1DX .
                              prior to 1 July 1967 :
                                                                                                   Gibraltar :          Department of
                              Sociale Verzekeringsbank ( social                                                         Labour and Social
                              insurance bank ),                                                                         Security ,
                              Postbus 1100 ,                                                                            Gibraltar .'
                              1180 BH Amstelveen .'
                                                                                     ( ii ) Point 3 shall be replaced by the following:
3. Annex 3 shall be amended as follows :
   ( a ) Point 2 under heading G. , Ireland , shall be replaced                              'Family benefits :
         by the following :
                                                                                                   For the application of Articles 73 and 74 of
         '2 .      Cash benefits
                                                                                                   the Regulation :
                   ( a ) Unemployment benefits :
                                                                                                   Newcastle Benefits Directorate ,
                            Department of Social Welfare , Dublin ,                                Benefits Agency ,
                            including the provincial offices responsible                           Child Benefit Centre (Washington ),
                            for unemployment benefits                                              Newcastle upon Tyne NE88 1AA .
 ---pagebreak--- 28 . 9 . 92                                   Official Journal of the European Communities                                            No C 251 / 55
                        Northern Ireland : Northern Ireland                        Gibraltar:                  Department of Health and
                                             Social Security                                                   Social Security ,
                                             Agency ,                                                          Overseas Branch ,
                                             Overseas Branch ,                                                 Newcastle upon Tyne.'
                                             Belfast BT1 1DX .
                        Gibraltar :          Department of
                                             Labour and Social
                                             Security ,                  5   Annex 5 shall be amended as follows :
                                             Gibraltar .'
                                                                             ( a ) Subparagraph ( e ) of heading 7 , Belgium — Italy ,
                                                                                   shall be replaced by the following:
4.   Annex 4 shall be amended as follows :
                                                                                   '( e ) The exchange of letters of 10 December 1991
                                                                                           and 10 February 1992 concerning the
     ( a ) Point 2 under heading G. , Ireland , shall be replaced                          reimbursement of reciprocal claims under
           by the following :                                                              Article 93 of the implementing Regulation .'
           '2 .   Cash benefits
                                                                             ( b ) Subparagraph ( b ) of heading 41 , France — Italy ,
                                                                                   shall be replaced by the following:
                  ( a ) Old-age and death ( pensions ):
                                                                                   '(b ) The exchange of letters of 14 May and
                        Department of Social Welfare ,                                     2 August 1991 concerning the procedures for
                        Pensions Services Office ,                                         settling reciprocal claims under Article 93 of
                        Sligo .                                                            the implementing Regulation .'
                  ( b ) Family benefits :                                    ( c) Subparagraph ( b ) of heading 45 , France — United
                                                                                   Kingdom , shall be deleted .
                        Department of Social Welfare ,
                        Child Benefit Section ,
                        Oliver Plunkett Street ,                             ( d ) The present subparagraph ( c) of heading 45 , France
                        Letterkenny , Co . Donegal .                               — United Kingdom , shall become subparagraph
                                                                                   ( b ).
                  ( c) Other cash benefits :
                        Department of Social Welfare ,
                        Dublin .'                                        6 . In Annex 10 , heading L. , United Kingdom , shall be
                                                                             replaced by the following :
     ( b ) Point 2 ( a ) under heading J. , Netherlands, shall be
           replaced by the following :                                       ' 1 . For the purposes of applying Article 14 ( c), Article
                                                                                    14 ( d ) ( 3 ), Article 17 , Article 36 and Article 63 of the
                                                                                   Regulation , and Article 6 ( 1 ), Article 8 , Article
           '( a ) As a general rule :
                                                                                    11 ( 1 ), Article 11 ( a ) ( 1 ), Article 12 ( a ), Article 13
                    Sociale Verzekeringsbank ( social insurance                    ( 2 ) and ( 3 ), Article 14 (1 ), ( 2 ) and ( 3 ), Article 38(1 ),
                                                                                   Article 70 ( 1 ), Article 80 ( 2 ), Article 81 , Article
                    bank )
                    Postbus 1100
                                                                                    82 ( 2 ), Article 91 ( 2 ), Article 102 ( 2 ), Article 109 ,
                    1180 BH Amstelveen .'
                                                                                   Article 110 and Article 113 ( 2 ) of the implementing
                                                                                   Regulation :
     ( c) Heading L. , United Kingdom , shall be replaced by
           the following :                                                          Great Britain :                   Newcastle Benefits
                                                                                                                      Directorate ,
           Great Britain :          Newcastle Benefits                                                                Benefits Agency,
                                    Directorate ,                                                                     Overseas Branch ,
                                    Benefits Agency ,                                                                 Newcastle upon Tyne
                                    Overseas Branch ,                                                                 NE98 1YX .
                                    Newcastle upon Tyne                              Northern             Ireland :
                                    NE98 1YX .                                       ( except for Articles 36
            Northern Ireland :      Northern Ireland Social                          and         63      of      the
                                    Security Agency ,                                Regulation , Article 102
                                    Overseas Branch ,                                ( 2) and Article 113 ( 2)
                                    Belfast BT1 1DX .                                of the implementing
 ---pagebreak--- No C 251 / 56                         Official Journal of the European Communities                                                 28 . 9 . 92
       Regulation for which                                                                    Article 3
       see the heading on
       Great Britain )          Northern Ireland Social          1.     This Regulation shall enter into force on the first day of
                                Security Agency ,                the month following that of its publication in the Official
                                Overseas Branch ,                Journal of the European Communities .
                                Belfast BT1 1DX .
   2.  For the purposes of applying Article 85 ( 2 ), Article    2.     Article 1 , points 2 ( b ) ( v), 2 ( b ) ( vi) and 2 ( b ) ( vii) shall
       86 ( 2 ) and Article 89 ( 1 ) of the implementing         apply from 1 April 1985 .
       Regulation :
       Great Britain :          Newcastle           Benefits     3.     Article 1 , points 2 ( b ) ( viii ) and 2 ( b ) ( ix ) shall apply
                                Directorate ,                    from 2 August 1989 .
                                Benefits Agency ,
                                Child Benefit Centre ,           4.     Article 2 , point 5 ( a ) shall apply from 10 February
                                Newcastle upon Tyne              1992 .
                                NE88 1AA .
       Northern Ireland :       Northern Ireland Social          5.     Article 2 , point 5 ( b ) shall apply from 14 March
                                                                 1991 .
                                Security Agency ,
                                Overseas Branch ,
                                Belfast BT1 1DX .'               6.     Article 2 , point 5 ( c) shall apply from 1 July 1992 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .