CELEX: 31985Y0718(01)
Language: en
Date: 1984-12-12 00:00:00
Title: Decision No 124 of 12 December 1984 concerning the interpretation of Article 45 (1) to (3) of Council Regulation (EEC) No 1408/71 with regard to the taking into account of insurance periods completed under the legislations of other Member States for the acquisition, retention or recovery of the right to benefits

18.7.85                                Official Journal of the European Communities                                No C 180/5
                                                     DECISION No 124
                                                    of 12 December 1984
              concerning the interpretation of Article 45 (1) to (3) of Council Regulation (EEC) No 1408/71
              with regard to the taking into account of insurance periods completed under the legislations of
                   other Member States for the acquisition, retention or recovery of the right to benefits
                                                        (85/C 180/05)
THE ADMINISTRATIVE COMMISSION OF THE                              Whereas the second subparagraph of Article 45 (3) of
EUROPEAN COMMUNITIES ON SOCIAL SECURITY                            Regulation (EEC) No 1408/71 provides that if, taking
FOR MIGRANT WORKERS,                                              into account the periods referred to in the first subpara-
                                                                  graph of Article 45 (3), the person concerned does not
Having regard to Article 81 (a) of Council Regulation              satisfy the conditions for receipt of those benefits
(EEC) No 1408/71 of 14 June 1971 under which it is                referred to in that first subparagraph, those periods shall
made responsible for dealing with all questions of inter-         be taken into account for the granting of the benefits
pretation arising from Regulation (EEC) N o 1408/71               under the general scheme or, failing this, under the
and subsequent Regulations,                                       scheme applicable to manual or clerical workers, as
                                                                  appropriate, in so far as they have been completed under
Whereas Article 45 of Regulation (EEC) No 1408/71                 a scheme other than the abovementioned corresponding
determines how, for the acquisition, retention or                 scheme and provided that the person concerned has also
recovery of the right to benefits, account should be taken        been insured under this general scheme or, failing this,
of periods completed in other Member States;                      under the scheme applicable to manual or clerical
                                                                  workers, as appropriate;
Whereas Article 45 (1) of Regulation (EEC) No 1408/71
provides that the competent institution of the Member             Whereas the words 'in so far as they have been
State whose legislation makes the acquisition, retention          completed       under    a    scheme     other    than   the
or recovery of the right to benefits conditional upon the         abovementioned corresponding scheme' occurring in the
completion of periods of insurance or residence shall             aforementioned provision should be interpreted as: in so
take into account, to the extent necessary, periods of            far as they have been completed under a corresponding
insurance or residence completed under the legislation of         scheme or under a scheme other than                      the
any Member State as if they were periods completed                abovementioned corresponding scheme;
under the legislation which it administers;
                                                                  Whereas periods of insurance completed under the
Whereas the abovementioned Article 45 (1), which                  legislation of one Member State which have already been
incorporates the general principle regarding the taking           taken into account under such a special scheme, as is
into account of periods, should be construed as meaning           referred to in the first subparagraph of Article 45 (3) of
that the institution of a Member State administering a            Regulation (EEC) N o 1408/71, of another Member
scheme which is not a special scheme within the meaning            State, should be prevented from being also taken into
of Article 45 (2) or (3) of Regulation (EEC) No 1408/71            account under the general scheme of the latter Member
should, for the acquisition, retention or recovery of the          State;
right to benefits, take account of all periods completed
under the legislation of any other Member State,                  Acting in accordance with Article 80 (3) of Regulation
whether under a general or a special scheme and                    (EEC) No 1408/71,
whether as an employed or self-employed person;
Whereas the first subparagraph of Article 45 (3) of Regu-          HAS DECIDED AS FOLLOWS:
lation (EEC) No 1408/71 provides that where the
legislation of a Member State makes the granting of                1. The institution of a Member State administering a
certain benefits conditional upon the periods of                       scheme that is not a special scheme within the
insurance having been completed only in an occupation                  meaning of Article 45 (2) or (3) of Regulation (EEC)
subject to a special scheme for self-employed persons,                 No 1408/71 shall, for the acquisition, retention or
periods completed under the legislations of other                      recovery of the right to benefits within the meaning of
Member States shall be taken into account for the                      Article 45 (1), take account of all periods completed
granting of such benefits only if completed under a                    under the legislation of any other Member State,
corresponding scheme or, failing this, in the same                     whether under a general or a special scheme and
occupation;                                                            whether as an employed or self-employed person.
Whereas      for    the    purposes   of    applying     the      2. A 'special scheme for self-employed persons' within
aforementioned provision it is necessary to determine                  the meaning of Article 45 (3) of Regulation (EEC)
which schemes are 'special' schemes for self-employed                  No 1408/71 shall be any scheme listed in the Annex
persons;                                                               to this Decision.
 ---pagebreak--- No C 180/6                                Official Journal of the European Communities                                      18.7.85
3. The words 'in so far as they have been completed                        as these periods have not already been taken into
   under a scheme other than the abovementioned                            account in the latter State under the special scheme
   corresponding scheme' occurring in the second                           referred to in the first subparagraph of Article 45 (3)
   subparagraph of Article 45 (3) of Regulation (EEC)                      of Regulation (EEC) No 1408/71 for the acquisition,
   No 1408/71 shall be construed as: in so far as they                     retention or recovery of the right to benefits.
   have been completed under a corresponding scheme
   or under a scheme other than the abovementioned                    5. This Decision shall be published in the Official Journal
   corresponding scheme.                                                   of the European Communities. It shall enter into force
                                                                           on the first day of the month following such pub-
4. Periods of insurance completed under the legislation                    lication. It shall be applicable from 1 July 1982.
   of a Member State shall be taken into account under
   the general scheme or, failing this, under the scheme                                                     J. DOWNEY
   applicable to manual or clerical workers, as appro-
   priate, of another Member State for the acquisition,                                                      The Chairman
   retention or recovery of the right to benefits in so far                                       of the Administrative Commission
                                                                ANNEX
             Special schemes for self-employed persons within the meaning of Article 45 (3) of Regulation (EEC) No
             1408/71.
             A. BELGIUM
                None
             B. DENMARK
                None
             C. GERMANY
                Old age insurance for farmera (Altershilfe fiir Landwirte)
             D. FRANCE
                None
             E. GREECE
                None
             F. IRELAND
                None
             G. ITALY
                Pension insurance for (Assicurazione pensioni per):
                — medical practitioners (medici),
                — pharmacists (farmacisti),
                — veterinarians (veterinari),
                — midwives (ostetriche),
                — engineers and architects (ingegneri ed architetti),
                — surveyors (geometri),
                — solicitors and barristers (awocati e procuratori),
                — economists (dottori commercialisti),
                — accountants (ragionieri e periti commerciali),
                — employment experts (consulenti del lavoro),
                — notaries (notai),
                — customs agents (spedizionieri doganali).
 ---pagebreak--- 18.7.85                             Official Journal of the European Communities                       No C 180/7
        H. LUXEMBOURG
            None
        I. NETHERLANDS
            None
        J. UNITED KINGDOM
            None
                                             'Scientific apparatus' Decision
                                         Refusal of relief from import duties
                     (Legal basis: Regulations (EEC) No 918/83 (') and (EEC) No 2290/83 (2))
                                                 File: SUD/B/3-002/85
                                                      (85/C 180/06)
        By virtue of a Commission Decision of 16 July 1985 the apparatus known as 'SLM —
        Spectrofluorometer, model SLM 4048' may not be imported free of import duties.
        This apparatus, the subject of an application made by the French Republic on 4 February 1985
        and ordered in July 1983 is intended for use for the study of the conformation of macro-
        molecules or their interactions by fluorescencepolarization.
        Reasoning:
        — scientific apparatus
        — existence of production of apparatus of equivalent scientific value in the Community at date
             of order, in particular:
             'SP80' manufactured by the firm Applied Photophysics Ltd, 20 Albemarle Street, London
             W1X 3HA, United Kingdom.
        O O J N o L 105,23.4. 1983, p. 1.
        (2) OJ No L 220, 11.8. 1983, p. 20.
                      Commission communication pursuant to Article 115 of the EEC Treaty
                                                      (85/C 180/07)
        By Decision dated 16 July 1985 the Commission has authorized the Italian Republic not to
        apply Community treatment to radio receivers, non portable, for fitting to motor vehicles,
        falling within subheading ex 85.15 A III of the Common Customs Tariff, originating in Japan
        and in free circulation in the other Member States.
        The said Decision is applicable from 2 July to 30 September 1985.