CELEX: 51975PC0132
Language: en
Date: 1975-04-02
Title: PROPOSAL FOR A REGULATION ( EEC ) OF THE COUNCIL AMENDING REGULATIONS ( EEC ) NOS 1408/71 AND 574/72 AND RELATING TO THE STANDARDIZATION OF THE SYSTEM OF PAYING FAMILY BENEFITS TO WORKERS THE MEMBERS OF WHOSE FAMILIES RESIDE IN A MEMBER STATE OTHER THAN THE COUNTRY OF EMPLOYMENT

No C 96/4                            Official Journal of the European Communities                              29. 4. 75
               Proposal for a Council Regulation amending Regulations (EEC) N o 1408/71 and (EEC)
               N o 574/72 and relating to the standardization of the system of paying family benefits to
               workers the members of whose families reside in a Member State other than the country
                                                      of employment
                            (Submitted to the Council by the Commission on 10 April 1975)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        workers employed in a Member State other than
                                                                France or receiving unemployment benefits under the
                                                                legislation of one of these Member States shall
Having regard to the Treaty establishing the                    receive the family allowances provided for by the
European Economic Community, and in particular                  legislation of the country of employment or of the
 Article 2, 7 and 51 thereof;                                   country       responsible  for    the    payment       of
                                                                unemployment benefits, for the members of their
                                                                families who reside in another Member State;
 Having regard" to Council Regulation (EEC) No
 1408/71 (*) of 14 June 1971 on the application of
social security schemes to employed persons and                 Whereas this solution ensures equality of treatment
their families moving within the Community, as last             for all workers subject to the same legislation;
amended by Regulation (EEC) No 1392/74 (2), and
in particular Articles 95 and 97 thereof;
                                                                Whereas derogation from the rule that the worker
 Having regard to Council Regulation (EEC) No                   and his dependants should receive the benefits
 574/72 (3) of 21 March 1972 fixing the procedure for           provided for by the legislation to which he is subject
 implementing the abovementioned Regulation (EEC)               should be allowed only by way of exception, namely
 No 1408/71, as last amended by Regulation (EEC)                where the provision of these benefits would meet
 No 2639/74 (4), and in particular Article 121 thereof;         with considerable administrative obstacles, as is the
                                                                case for sickness and maternity insurance benefits in
                                                                kind or benefits in kind granted under insurance
Having regard to the proposal from the Commission               against accidents at work and occupational diseases,
adopted after consultation with the Administrative               in the case of residence or stay in a Member State
 Commission on Social Security for Migrant Workers;             other than the one in which the competent institution
                                                                 is situated;
 Having regard to the Opinion of the European
 Parliament;
                                                                Whereas the solution applied in respect of family
                                                                 benefits by eight Member States safeguards the
 Having regard to the Opinion of the Economic and               coherence between the tax concessions granted to
 Social Committee;                                              families by the country of employment and family
                                                                benefits;
Whereas under Article 98 of Regulation (EEC) N o
 1408/71 the Council shall re-examine the whole
problem of payment of family benefits to members of             Whereas, taking account of the link that exists
 the family of the worker who are not residing in the           between the levels of the various social security
 territory of the Member State in which the latter is           benefits of one and the same Member State, this
employed, in order to reach a uniform solution for               solution affords a more homogeneous social
 all Member States;                                             protection to workers;
Whereas under the terms of Articles 73 and 74 of the            Whereas this solution should therefore also be
abovementioned Regulation (EEC) N o 1408/71                     applied to workers who are subject to French
                                                                legislation; whereas there are thus grounds for
                                                                amending Regulations (EEC) No 1408/71 and (EEC)
 (!) OJ  No L 149, 5. 7. 1971, p. 2.
                                                                N o 574/72 and the Annexes thereto accordingly,
 (2) OJ  No L 152, 8. 6. 1974.
 (3) OJ  No L 74, 27. 3. 1972, p. 1.
 (4) OJ  No  L 283, 19. 10. 1974.                               HAS ADOPTED THIS REGULATION:
 ---pagebreak--- 29.4. 75                        Official Journal of the European Communities                            No C 96/5
                                                    Article 1
         Regulation (EEC) No 1408/71 shall be amended as follows:
          1. The heading of Chapter 7 of Title III shall be amended as follows:
             'Family benefits for employed and unemployed persons'.
          2. In Article 73:
              (a) Paragraphs 1 and 2 shall be amended as follows:
                   'A worker subject to the legislation of a Member State shall be entitled to the
                   family benefits provided for by the legislation of the first Member State for
                   members of his family residing in the territory of another Member State, as
                   though they were residing in the territory of the first State, subject to the
                   provisions of Annex V.';
              (b) Paragraph 3 shall be deleted.
          3. The text of Article 74 shall be amended as follows:
              'An unemployed person drawing unemployment benefits under the legislation of a
              Member State shall be entitled to the family benefits provided for by the legislation
              of the first Member State for members of his family residing in the territory of
              another Member State as though they were residing in the territory of the first State,
              subject to the provisions of Annex V.'
          4. In Article 75,
              (a) The title and text of paragraph 1 subparagraph (a) shall be amended as follows:
                    'Article 75
                    Provision of benefits
                    1.    Family benefits shall be provided, in the cases referred to in Article 73, by
                    the competent institution of the State to whose legislation the worker is subject
                    and, in the case referred to in Article 74, by the competent institution of the
                    State under whose legislation the unemployed worker is receiving
                    unemployment benefits. They shall be provided in accordance with the
                    provisions administered by such institutions whether the natural or legal person
                    to whom such benefits are payable is residing or staying in the territory of the
                    competent State or in that of another Member State;'
               (b) Subparagraphs (b) and (c) shall become paragraphs 2 and 3;
               (c) Paragraph 2 shall be deleted.
           5. The title and text of Article 76 shall be amended as follows:
               'Article 76
               Rules of priority in cases of overlapping entitlement to family benefits in pursuance
               of Articles 73 and 74 by reason of the pursuit of a professional or trade activity in
               the country of residence of the members of the family.
               Entitlement to family benefits under Articles 73 and 74 shall be suspended if, by
               reason of the pursuit of a professional or trade activity, family benefits are also
               payable under the legislation of the Member State in whose territory the members
               of the family are residing.'
           6. Article 90 shall be deleted.
           7. Article 94 (9) shall be deleted.
 ---pagebreak--- N o C 96/6                        Official Journal of the European Communities                             29. 4. 75
            8. Article 98 shall be deleted.
            9. In Annex I, point G (Luxembourg) shall be amended as follows:
               'G — Luxembourg
               (a) Prenatal allowances
               (b) Childbirth allowances'.
           10. In Annex II, part A, point '19. Germany — Luxembourg' shall be amended as
               follows:
               'Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement of the dispute
               between Germany and Luxembourg)'.
           11. In Annex V, point D (France):
               (a) paragraph 4 shall be amended as follows:
                    '4. Workers who are subject to French legislation pursuant to Article 14 (1) (a)
                        shall be entitled to the following family benefits for members of his family
                        who accompany him to the territory of a Member State to which he has
                        been posted:
                        (a) prenatal allowances provided for in Article L 516 of the Social Security
                             Code;
                        (b) the family allowances provided for in Articles L 524 and L 531 of the
                             Social Security Code;
                        (c) the compensatory allowance for scheduled taxes provided for in Article
                             L 532 of the Social Security Code.
                        However, this benefit can only be paid if the wage or salary received during
                        the period of the posting is subject to tax on income in France;
                         (d) the single wage or salary allowance provided for in Article L 533 of the
                             Social Security Code.
               (b) the following paragraph 5 shall be added:
                    '5. Notwithstanding Articles 73 and 74 of the Regulation, the housing
                        allowance referred to in Article 510 (5) of the Social Security Code, the
                        housing allowance financed by the Fonds national d'aide au logement
                        (national fund for housing assistance) and the removal of grants set up by
                        Article 16 (h) of the law of 22 August 1946 are awarded only to applicants
                        who reside in French territory'.
                                                      Article 2
           Regulation (EEC) N o 574/72 shall be amended as follows:
            1. In Article 10,
               (a) the following shall be entered as paragraph 2 after paragraph 1:
                    '2.    Paragraph 1 (a), first sentence, and (b), first sentence, are without prejudice
                    to the right of any Member State to suspend benefits due under their own
                    legislation up to the amount of the benefits due pursuant to either Articles 73
                    or 74 or to Articles 77 or 78 of the Regulation'.
               (b) Paragraph 2 shall become paragraph 3;
               (c) Paragraph 3 shall be deleted.
 ---pagebreak--- 29. 4. 75                          Official Journal of the European Communities                          No C 96/7
           2. The heading of Chapter 7 of Title IV shall be amended as follows:
               'Family benefits'.
           3. In Article 86:
                                                              /
                (a) the heading preceding the Article shall be amended as follows:
                     'Implementation of Article 73 and Article 75 (1) and (2) of the Regulation';
                (b) the heading in the Article shall be deleted;
                (c) Paragraph 4 shall be amended as follows:
                     '4.    The competent authorities of two or more Member States may agree on
                     special procedures for the payment of family benefits, in particular with a view
                     to facilitating the implementation of Article 75 (1) and (2) of the Regulation.
                     Such agreements shall be communicated to the Administrative Commission'.
           4. Article 87 shall be deleted.
           5. In Article 88:
                (a) the heading preceding the Article shall be amended as follows:
                     'Implementation of Article 74 of the Regulation';
                (b) the heading in the Article shall be deleted.
           6. Article 89 shall be deleted.
           7. Article 98 shall be deleted.
            8. Article 101 (1) shall be amended as follows:
                '1.     The Administrative Commission shall implement Articles 36, 63 and 70 of the
                Regulation by drawing up a statement of claims for each calendar year.'
           9. Article 102 (2) shall be amended as follows:
                 '2.    The refunds provided for in Articles 36, 63 and 70 of the Regulation shall be
                made for all the competent institutions of a Member State to the creditor institutions
                of another Member State through bodies designated by the competent authorities
                 of the Member States. The bodies through which refunds are made shall advise the
                 Administrative Commission of the amounts refunded within the time limits and
                according to the procedures laid down by that Commission.'
          10. Article 104 (2) shall be amended as follows:
                 '2.     Provisions which are similar to those referred to in paragraph 1 and which, for
                 dealing between two or more Member States, will apply after the entry into force of
                 the Regulation, shall be entered in Annex 5 of the Implementing Regulation. The
                 same shall apply to provisions made under Article 97 (2) of the Implementing
                 Regulation.'
          11. Article 119 shall be deleted.
          12. In Annex 2, point D — France, paragraph 3 shall be deleted.
 ---pagebreak--- No C 96/8                             Official Journal of the European Communities                            29. 4. 75
          13. In Annex 10:
              (a) in point A — Belgium, paragraph 4 (d) shall be deleted;
              (b) in point B — Denmark,
                     (i) Section I (4) (a) shall be amended as follows:
                          '(a) refunds in pursuance of Articles 36 and 63 of the Regulation:
                                  Sikringsstyrelsen (National Social Security Office), Kobenhavn';
                    (ii) Section II (4), second subparagraph shall be amended as follows:
                          'Refunds in pursuance of Articles 36 and 63 of the Regulation:
                          Sikringsstyrelsen (National Social Security Office), Kobenhavn';
              (c) in point D — France, paragraph 7 shall be deleted.
              (d) in point E — Ireland:
                      (i) paragraph 1 shall be amended as follows:
                           '1. For the purposes of applying
                                 Article 6 (1), Article 11 (1), Article
                                 13 (2) and (3), Article 14 (1) (2)
                                 and (3), Article 38 (1), Article 70
                                 (1), Article 85 (2) and Article 91
                                 (2) of the Implementing Regu-
                                 lation:                                Department     of  Social   Welfare,
                                                                        Dublin';
                    (ii) paragraph 3, subparagraph (b) shall be amended as follows:
                           '(b) For the purposes of applying
                                   Article 70 of the Regulation and
                                  Article 102 (2) of the Implemen-
                                  ting Regulation:                      Department     of  Social   Welfare,
                                                                        Dublin';
               (e) in point F — Italy
                       (i) paragraph 4 shall be deleted;
                      (ii) paragraph 5, 6 and 7 shall become paragraphs 4, 5 and 6;
                    (iii) paragraph 5 (c) shall be amended as follows:
                             '(c) Refunds under Article 70 of the
                                   Regulation:                          Istituto nazionale della previdenza
                                                                        sociale (National Institute of Social
                                                                        Welfare), Roma';
               (f) in point G — Luxembourg:
                      (i) paragraph 4 shall be amended as follows:
                            '4. For the purposes of applying .
                                 Articles 80 (2), 81 and 82 (2) of thfe
                                 Implementing Regulation:               Office national du travail (National
                                                                        Labour Office), Luxembourg';
                     (ii) paragraph 7, subparagraph (d) shall be deleted;
                (g) in point H — Netherlands, paragraph 4, subparagraph (c) shall be deleted.
 ---pagebreak---  29.4.75                             Official Journal of the European Communities                                  No C 96/9
                                                         Article 3
              This Regulation shall enter into force on the first day of the sixth month following
              publication in the Official Journal of the European Communities.
              Article 1 (10) shall, however, apply as from 1 January 1975.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Proposal for a Council Regulation extending the scope of Regulation (EEC) N o 1067/74
              of the common organization of the market in dehydrated fodder to cover certain
                                            products processed from potatoes
                            (Submitted to the Council by the Commission on IS April 1975)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas, having regard to the situation of the potato
                                                                 market, provision should be made whereby, subject
Having regard to the Treaty establishing the                     to certain conditions, aid may be granted in respect
European Economic Community, and in particular                   of quantities leaving drying plants on or after 1 April
Article 42 and 43 thereof;                                       1975,
Having regard to the proposal from the Commission;
                                                                 HAS ADOPTED THIS REGULATION:
Having regard to the Opinion of the European
Parliament;
                                                                                          Article 1
Whereas the organization of the market in
dehydrated fodder covers             neither dehydrated          The text of Article 1 of Regulation (EEC) No
potatoes nor potato flour, meal or flakes not suitable           1067/74 is replaced by the following:
for human consumption; whereas these products are
obtained through processes similar to those for
                                                                 There is hereby established a common organization
producing dehydrated fodder and are used for the
                                                                 of the market in dehydrated fodder, covering the
same purpose as that product; whereas these
                                                                 following products:
products should therefore be brought within the scope
of Council Regulation (EEC) No 1067/74 (*) of
30 April 1974 on the common organization of the
                                                                      CCT
market in dehydrated fodder;                                         heading                  Description of goods
                                                                       No
Whereas the addition of dehydrated potatoes to the
products covered by Regulation (EEC) No 1067/74                  a) ex 07.04 B    Potatoes dehydrated by artificial heat-
entails the amendment of Article 1 of Council                                     drying, whole, cut sliced, broken or in
Regulation (EEC) N o 865/68 (2) of 28 June 1968 on                                powder, but not further prepared, not
                                                                                  suitable for human consumption
the common organization of the market in products
processed from fruit and vegetables, as last amended                 ex 11.05     Flour, meal, and flakes of potato, not
by Regulation (EEC) No 2429/72 (3); whereas the                                   suitable for human consumption
dates of the beginning and the end of the marketing
year for these new products should also be fixed;
                                                                 b) ex 12.10 B    Lucerne, sainfoin, clover, lupins, vetches
                                                                                  and similar forage products, dehydrated
H OJ N o L 120, 1. 5. 1974, p. 2.                                                 by artificial heat-drying, excluding hay,
(2) OJ N o L 153, 1. 7. 1968, p. 8.                                               kale forage and products containing hay
(3) OJ N o L 264, 23. 11. 1972, p. 1