CELEX: 51986PC0125
Language: en
Date: 1986-02-27
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

No C 71/8                                      Official Journal of the European Communities                                   26. 3. 86
 with at least one hectare of UAA in mainland Portugal                                                 Article 7
 and to farmers with at least 0,5 ha of UAA in the auton-
 omous regions of Madeira and the Azores.                                  This Regulation shall enter into force on the third day
                                                                           following its publication in the Official Journal of the
                                                                           European Communities.
                               Article 6
                                                                           It shall apply with effect from 1 January 1986.
 Aid granted by Portugal under this Regulation shall be
 eligible under Article 26 of Regulation (EEC) No                          This Regulation shall be binding in its entirety and
 797/85, on the terms laid down therein.                                   directly applicable in all Member States.
                 Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1408/71 on the
                 application of social security schemes to employed persons, to self-employed persons and to
                 members of their families moving within the Community and Regulation (EEC) No 574/72
                             laying down the procedure for implementing Regulation (EEC) No 1408/71
                                                              COM(86) 125 final
                                       (Submitted by the Commission to the Council on 4 March 1986)
                                                                 (86/C 71/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                   574/72, in particular in accordance with the guidelines
                                                                           set out in Annex II to that Act,
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 51 and                      HAS ADOPTED THIS REGULATION:
235 thereof,
                                                                                                      Article 1
Having regard to the Act of Accession of Spain and
Portugal, and in particular Articles 27 and 396 thereof,                   Regulation (EEC) No 1408/71 is hereby amended as
                                                                           follows :
Having regard to the proposal from the Commission,
                                                                           1. Article 95 is replaced by the following:
Having regard to the opinion of the European Par-                               Article 95
liament,
                                                                                  Transitional provisions for self-employed persons
Whereas Council Regulations (EEC) No 1408/71 (')                               1.     No right shall be acquired under this Regulation
and (EEC) No 574/72 (2) are subject to the technical                           in respect of a period prior to 1 July 1982 or to the
adaptations set out in Chapter VIII (1) and (2) of Annex                       date of its application in the territory of the Member
I to the Act of Accession;                                                     State concerned.
Whereas on 13 June 1985 the Council adopted Regu-                              2.     All insurance periods and, where appropriate, all
lation (EEC) No 1660/85 (3) amending Regulations                              periods of employment, of self-employment or of
(EEC) No 1408/71 and (EEC) No 574/72, and Regu-                               residence completed under the legislation of a
lation (EEC) No 1661/85 (4), which lays down the                               Member State before 1 July 1982 or before the date
technical adaptations to the Community rules on social                         of application of this Regulation in the territory of
security for migrant workers with regard to Greenland;                        that Member State shall be taken into consideration
whereas further technical adaptations must therefore be                       for the determination of rights acquired under the
made to Regulations (EEC) No 1408/71 and (EEC) No                             provisions of this Regulation.
574/72;
                                                                               3.     Subject to the provisions of paragraph 1, a right
                                                                              shall be acquired under this Regulation even though it
Whereas pursuant to Article 27 of the Act of Accession,                       relates to a contingency which materialized prior to 1
other adjustments necessitated by accession should be                         July 1982 or to the date of application of this Regu-
made to Regulations (EEC) No 1408/71 and (EEC) No
                                                                              lation in the territory of the Member State concerned.
(') O J N o L 149, 5. 7. 1971, p. 2.                                          4.     Any benefit which has not been awarded or
(2) O J N o L 7 4 , 27. 3. 1972, p. 1.                                        which has been suspended by reason of the nationality
O   OJ No L 160, 20. 6. 1985, p. 1.                                           or place of residence of the person concerned shall,
(4) OJ No L 160, 20. 6. 1985, p. 7.                                           on the application of the person concerned, be
 ---pagebreak---  26.3.86                                  Official Journal of the European Communities                                  No C 71/9
     awarded or resumed with effect from 1 July 1982 or                   'Article 118
     the date of application of this Regulation in the
     territory of the Member State concerned provided                    Transitional     provisions relating to     pensions   for
     that the rights previously determined have not given                                     employed persons
     rise to a lump-sum payment.
                                                                         1.     Where the contingency arises before 1 October
                                                                         1972 or the date of application of this Regulation in
     5.    The rights of a person to whom a pension was                  the territory of the Member State concerned and the
     awarded prior to 1 July 1982 or to the date of                      claim for pension has not yet been awarded before
     application of this Regulation in the territory of the              that date, such claim shall give rise to a double award,
     Member State concerned may, on the application of                   in as much as benefits must be granted, pursuant to
    the person concerned, be reviewed, taking into                       such contingency, for a period prior to that date:
     account the provisions of this Regulation. This
    provision shall also apply to the other benefits
                                                                         (a) for the period prior to 1 October 1972 or to the
    referred to in Article 78.
                                                                              date of application of this Regulation in the
                                                                              territory of the Member State concerned, in
    6.     If an application referred to in paragraph 4 or 5                  accordance with the provisions of Regulation N o
    is submitted within two years frpm 1 July 1982 or                         3 or of agreements in force between the Member
    from the date of application of this Regulation in the                    States concerned;
    territory of the Member State concerned, the rights
    acquired under this Regulation shall have effect from                (b) for   the period commencing on 1 October 1972 or
    that date, and the provisions of the legislation of any                   on   the date of its application in the territory of
    Member State concerning the forfeiture or limitation                      the  Member State concerned, in accordance with
    of rights may not be invoked against the persons                          the  provisions of this Regulation.
    concerned.
                                                                        If, however, the amount calculated pursuant to the
    7.     If an application referred to in paragraph 4 or 5            provisions referred to under (a) is greater than that
    is submitted after the expiry of the two-year period                calculated pursuant to the provisions referred to
    after 1 July 1982 or following the date of application              under (b), the person concerned shall continue to be
    of this Regulation in the territory of the Member                   entitled to the amount calculated pursuant to the
    State concerned, rights which have not been forfeited               provisions referred to under (a).
    or are not barred by limitation shall have effect from
    the date on which the application was submitted,                    2.      A claim for invalidity, old age or survivors'
    except where more favourable provisions of the                      benefits submitted to an institution of a Member State
    legislation of any Member State apply.'                             from 1 October 1972 or from the date of application
                                                                        of this Regulation in the territory of the Member
                                                                        State concerned shall automatically necessitate the
2. In Annex III, Sections A and B are amended as                        reassessment of the benefits which have been awarded
    follows:                                                            for the same contingency prior to that date by the
                                                                        institution or institutions of one or more of the other
    — in point 22, Germany—Spain, 'none' is replaced                    Member States, in accordance with the provisions of
         by 'Article 45 (2) of the Social Security                      the Regulation.'
         Convention of 4 December 1973.'
                                                                     2. Article 119 is replaced by the following:
    — in point 31, Spain—France, 'none' is replaced by
         'The exchange of letters of 28 November 1985                    Article 119
         concerning family benefits and the scale annexed
         thereto.'                                                      Transitional provisions relating to pensions for self-
                                                                                              employed persons
3. In Annex VII, point 7 is replaced by the following:                  1.      Where the contingency arises before 1 July 1982
                                                                        or the date of application of this Regulation in the
    '7.   For the pension insurance scheme for self-                    territory of the Member State concerned and the
          employed persons: where he is self-employed in                claim for pension has not yet been awarded before
          Greece and gainfully employed in any other                    that date, such claim shall give rise to a double award,
          Member State.'                                                in as much as benefits must be granted, pursuant to
                                                                        such contingency, for a period prior to that date:
                            Article 2                                   (a) for the period prior to 1 July 1982 or to the date
Regulation (EEC) No 574/72 is hereby amended as                               of application of this Regulation in the territory
follows:                                                                      of the Member State concerned, in accordance
                                                                              with the provisions of this Regulation or of
                                                                              agreements in force between the Member States
1. Article 118 is replaced by the following:                                  concerned before that date;
 ---pagebreak---  NoC71/10                                  Official Journal of the European Communities                                   26.3.86
    (b) for the period commencing on 1 July 1982 or on                    by the institution or institutions of one or more of the
         the date of application of this Regulation in the                other Member States, in accordance with the
         territory of the Member State concerned, in                      provisions of the Regulation; such reassessment may
         accordance with the provisions of this Regulation.               not give rise to any reduction in the amount of benefit
                                                                          awarded.'
    If, however, the amount calculated pursuant to the
    provisions referred to under (a) is greater than that
                                                                       3. In Annex 1, section B, Denmark, point 4 is deleted.
    calculated pursuant to the provisions referred to
    under (b), the person concerned shall continue to be
    entitled to the amount calculated pursuant to the                                            Article 3
    provisions referred to under (a).
                                                                      This Regulation shall enter into force on the third day
    2.     A claim for invalidity, old age or survivors'              following its publication in the Official Journal of the
    benefits submitted to the institution of a Member                 European Communities.
    State from 1 July 1982 or from the date of application
    of this Regulation in the territory of the Member                 It shall apply with effect from 1 January 1986.
    State concerned shall automatically necessitate the
    reassessment of the benefits that have already been               This Regulation shall be binding in its entirety and
    awarded for the same contingency prior to that date               directly applicable in all Member States.
                Proposal for a Council Decision authorizing the extension, for the period 2 May to 2 November
                1986, of the sea fisheries agreement between the Government of the Kingdom of Spain and the
                                          Government of the People's Republic of Angola
                                                         COM(86) 98 final
                                 (Submitted by the Commission to the Council on 11 March 1986)
                                                            (86/C 71/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas under Article 167 (3) of the Act of Accession
                                                                      the Council is to adopt, before the expiry of the fisheries
 Having regard to the Treaty establishing the European                agreements concluded by the Kingdom of Spain with
 Economic Community,                                                  third    countries, provisions       appropriate  for    the
                                                                      continuation of fishing activities resulting therefrom,
 Having regard to the Act of Accession of Spain and
                                                                      including the possibility of prolongation;
 Portugal, and in particular Article 167 (3) thereof,
 Having regard to the proposal from the Commission,                   Whereas, pending conclusion of a fisheries agreement
                                                                      between the European Economic Communities and the
Whereas on 2 November 1984 the Government of the                      Government of the People's Republic of Angola, it is in
Kingdom of Spain signed a sea fisheries agreement with                the interests of the Community to authorize the
the Government of the People's Republic of Angola for a               Kingdom of Spain to renew for a further six months the
period of one year; whereas that agreement continues to               sea fisheries agreement with the People's Republic of
apply for further periods of six months unless notice of              Angola, in order to avoid fishing by the Community
its denunciation has been given at least three months                 vessels concerned being interrupted,
before the end of each such period;
                                                                      HAS ADOPTED THIS DECISION:
Whereas Article 167 (2) of the Act of Accession lays
down that the provisions of fisheries agreements
                                                                                                 Article 1
concluded by the Kingdom of Spain with third countries
before accession to the European Economic Community                   The Kingdom of Spain is authorized to extend, for the
shall not be affected during the period when the                      period 2 May to 2 November 1986, the fisheries
provisions of such agreements are provisionally main-                 agreement concluded on 2 November 1984 with the
tained;                                                               People's Republic of Angola.
Whereas the Kingdom of Spain, before its accession to
the European Economic Community, renewed the
                                                                                                 Article 2
agreement with the People's Republic of Angola for the
period to 2 May 1986;                                                This Decision is addressed to the Kingdom of Spain.