CELEX: 51988PC0538
Language: en
Date: 1988-10-10
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 (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 538
Vol. 1988/0187
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(88 ) 538 final
                                                       Brussels , 10 October 1988
                                 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
                         (presented by the Commission )
                                                %
                                               4 *»«
                                               Û   o &
 ---pagebreak---                                                                         (W.53 */
                                            2
                           EXPLANATORY MEMORANDUM
to the 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 also amending
Regulation ( EEC ) No 574 / 72 laying down the procedure for implementing Regulation
( EEC ) No 1408 / 71 .
 ---pagebreak---                                                  3
INTRODUCTION
Since the entry into force of Regulation ( EEC ) No 2001 / 83 , which is a codified and
official updated version of Regulations ( EEC ) Nos 1408 / 71 and 574 / 72 , as a con ¬
sequence of the extension of the scope to self-employed persons , these Regulations
have been amended by Council Regulations ( EEC ) Nos 1660 / 85 and 1661 / 85 , Commission
Regulation ( EEC ) No 513 / 86 and Council Regulation ( EEC ) No 3811 / 86 and also by the
Act of Accession of the Kingdom of Spain and of the Republic of Portugal of 1985 .
In the meantime , other amendments have been made to a number of national legis ¬
lations of which the Community Regulations must take account for the purpose of
protecting the rights of migrant workers . They concern the reform of the Nether ¬
lands legislation on general old-age insurance and of the insurance for medical
expenses and also amendments to German legislation in respect of invalidity pen ¬
sions . Furthermore , some existing provisions should be amended for the purpose of
regulating situations which do not appear in the Regulations or because the
implementation of these provisions revealed shortcomings . The points at issue are
the proposed amendments to Articles 57 and 84 of the Regulation and Article 3 of the
implementing Regulation .       Furthermore , the proposal contains certain amendments
emanating from previous amendments or of an administrative nature .
 ---pagebreak---                                               4
Artide 1
Amendments to Régulation ( EEC ) No 1408 / 71
1.    Amendments to Article 7(2)(a )
Under international agreements , which shall continue to apply notwithstanding
the provisions of Article 6 of the Regulation , Article 7(2 ) mentions the
agreement of 27 July 1950 , revised on 13 February 1961 , concerning social
security for Rhine boatmen . This agreement shall be replaced by the agreement
of 30 November 1979 which entered into force on 1 December 1987 .
In view of the fact that the agreement of 27 July 1950 will remain applicable
to cases settled before that date , it is proposed that the two agreements
concerning social security for Rhine boatmen be included in Article 7(2 ).
2.    Proposais for a new Article 9a
As a consequence of the amendments made since 1 January 1984 to the German
legislation on invalidity pensions , these pensions may be awarded only to
insured persons who , during at least three of the five years preceding the
occurrence of the risk insured against , pursued an occupation or activity by
virtue of which he was subject to compulsory insurance .    The aforementioned
period of five years can be prolonged by periods of interruption or periods of
replacement and also by periods during which the insured person was in receipt
of a pension or of an adaptation allowance awarded to a dismissed miner or had
reared a child up to the age of five years .    A draft reform of the pension
insurance in Luxembourg also wishes to include provisions similar to those
mentioned above for invalidity pensions and survivors' pensions . The afore ¬
mentioned pensions will be awarded only where the insured person can prove
that he was insured for at least 12 months during the three years previous to
the occurrence of the risk insured against or of death . This reference period
of three years can be prolonged by periods of vocational training or of
unemployment in respect of young persons , and also by periods during which an
invalidity pension is awarded or during which a child of less than six years
is reared .
 ---pagebreak---                                               5
The proposal is aimed at the insertion of a new provision in Title I of Regulation
No 1408 / 71 , enabling a Member State , whose legislation , in the same way as German
legislation provides for invalidity benefits and Luxembourg legislation for in ¬
validity benefits and survivors' pensions , to provide , for the acquisition of en ¬
titlement to benefits , for a specific period preceding the occurrence of the risk
insured against and the possibility of the prolongation thereof on the basis of
certain   facts   and  circumstances , for the recognition   of   corresponding facts or
circumstances occurring in another Member State for the aforesaid prolongation .
The proposed provision has only a restricted application .      The aim of the provision
is not that periods of insurance or of residence completed in accordance with the
legislation of a Member State should be taken into account for the acquisition , the
retention or the re-establishment of the entitlement to benefits        in another Member
State .   It concerns only a prolongation of the reference period during which an
activity giving rise to compulsory insurance or an insurance waiting period has been
completed during a minimum period .
 ---pagebreak---                                                    6
3.    Insertion of a new paragraph in Article 33
In Article 28a of Regulation No 1408 / 71 it is laid down that the costs of benefits in
kind awarded to a pensioner residing on the territory of a Member Stacn whicn does
not award him a pension and where entitlement to benefits in kind is acquired by
virtue of the fact that the person concerned is resident there , shall be borne by
the institulion of the Member State competent in respect of pensions .     This Article
is supplemented by Article 33 of the same Regulation in which it is laid down that
the contributions may be deducted only by the institution of a Member State which is
responsible for payment of a pension to the extent that the cost of the benefits
under Article 28a are to be borne by an institution of the said Member State .
If in the case referred to in Article 28a , entitlement to benefits in kind in the
country of residence is covered by a universal scheme which , although this right is
not subject to any insurance conditions , demands contributions in order to be
eligible for these benefits , these contributions are not payable as is also evident
from the judgment of the Court of Justice in Case No 275 / 83 .
The proposed new paragraph is aimed at clarifying the implementation of Article 33
of Regulation No 1408 / 71 in the cases mentioned in Article 28a of the said Reg ¬
ulation .
 ---pagebreak---                                                 7
4.     Amendment to Article 57
                                                      /
Article 57(1 ) contains a disclaimer in which the cases settled in respect of a
person who has been exposed to the same risk in several Member States ; the
legislation of the last of these Member States in which the conditions have
been satisfied , taking into account the provisions of paragraphs 2 and 3 , is
designated as the competent legislation .
In Article 57(2 ) it is stipulated that if under the legislation of a Member
State the granting of benefits in respect of an occupational disease is
subject to the condition that the disease in question was first diagnosed
within its territory ,   such a condition shall be considered to have been
satisfied if the disease was first diagnosed      in the territory of another
Member State .
Paragraph 3 contains special provisions for sclerogenic pneumoconiosis .       In
subparagraph ( b ) it is laid down that if under the legislation of a Member
State the granting of benefits     in respect of an occupational disease       is
subject to the condition that the activity likely to cause the disease in
question was pursued for a certain length of time , the competent institution
of that State shall take into account , to the extent necessary , periods during
which such activity was pursued under the legislation of any other Member
State , as if they had been pursued under the legislation of the first State .
From the wording of these provisions it appears that the aggregation of the
periods of exposure completed in the various Member States or the taking into
consideration of periods of exposure diagnosed in other Member States applies
only for sclerogenic pneumoconiosis .
 ---pagebreak---                                                       8
  In other words , where the victim does not satisfy the conditions of the national
  legislation under which the person concerned lastly pursued an activity likely to
  cause another occupational disease , even though account is taken of die provisions
  of Article 5 7(2 ) and ( 3 ) of the Regulation , this national legislation is not the
  competent legislation within the meaning of Article 57(1). Consequently , pursuant
  to Article 67(3 ) and ( 4) of the implementing Regulation , the institution of the
  Member State concerned should apply to the institution of the Member State under
  whose legislation the person suffering from the disease first pursued the activity
  which might cause the occupational disease in question .
  From the foregoing it follows that even in the exceptional case of the failure to
  satisfy the conditions of any of the national legislations under which the activity
  likely to cause the occupational disease in question was pursued and under which the
  granting of benefits is implicitly or explicitly subject to the condition that the
  activity was pursued during a certain period or that the disease manifested itself
, during a specific period after cessation of the activity , in accordance with Article
  57(1 ), notwithstanding either the provisions of paragraph ( 2 ) or the method of
  implementation of Article 67 of the implementing Regulation , the victim of an
  occupational disease other than sclerogenic pneumoconiosis runs the risk of not
  being entitled to benefits in any of the Member States in which he was exposed to
  the same risk .    This is a shortcoming which should be remedied by extending the
  scope of paragraph ( 3 ) ( a ) and ( b ) to all occupational diseases .
 ---pagebreak---                                                9
In order to make the proposed amendment to Article 57 , all that is required is to
change the numbering of subparagraphs ( a ) and ( b ) of paragraph 3 into paragraphs 3
and 4 and to make the necessary insertion by way of reference in paragraph 1 .      This
means that only the provision laid down in paragraph 3(c ) concerning the division of
the cost of cash benefits between the    institutions   of   the Member States in whose
territory the person concerned pursued an activity         likely to cause the disease
remains applicable to sclerogenic pneumoconiosis .
For reasons of clarity ,  the words " an activity likely to cause that disease " in
paragraph 1 of Article 57 should be replaced by the words " has pursued an activity
which by its nature is likely to cause that disease , for the purpose of indicating
that this is an assumption of an assessment in abstracto of the causality between
the occupational disease and the activity pursued .
In order to take account of the aforementioned amendments in Article 57 ,         it is
necessary to amend Articles 60 and 94(8 ) of Regulation No 1408 / 71 and also Articles
67-69 of the implementing Regulation .
 ---pagebreak---                                                     10
5.     Amendment to Articles 76 and 79
Following a judgment of the Court of Justice of 9 July 1987 in Case 377/ 85
( Burchell ), the words "only under the national legislation or" have been
inserted in
    - Article 76 of Régulation No 1408 / 71 ,
       the first sentence of paragraph 3 of Article              79 of Regulation No
       1408 / 71 ,
       the fifth line of Article 10(a ) of Regulation No 574/ 72 ,
       the first and fifth lines of Article 10(b)(i ), and the first and fifth
       lines of Article 10(b ) ( ii ) of Regulation No 574/ 72 .
In that case , the Court judged that the first sentence of Article 10(l)(a ) of
Regulation No 574/ 72 is not applicable where a benefit is awarded only under
the national legislation and not under Article 73 of Regulation No 1408 / 71 .
Under Netherlands legislation , however , family benefits are due irrespective
of the country in which the children are resident .          Consequently , a person
subject to Netherlands legislation is entitled to Netherlands family benefits
for children residing in another Member State without it being necessary to
invoke the Community regulations ( Articles 73 or 74 of Regulation No 1408/ 71 ).
  This applies also to entitlement to orphans' pensions .
Under   the    new wording of     the   aforementioned  provisions ,   the  Community
provisions against overlapping are also applicable in the case where a benefit
as referred to in Chapters 7 and 8 of Regulation No 1408/ 71 is due only under
the national legislation without it being necessary to invoke Articles 73 , 74 ,
 77 or 78 of Regulation No 1408 / 71 .
 ---pagebreak---                                              11
6.    Insertion of a new paragraph 5 in Article 84
Article 84 of Regulation ( EEC ) No 1408 / 71 contains provisions concerning the
cooperation between the competent authorities of the Member States .       In the
context of this cooperation , the competent authorities of the Member States
are  obliged   to communicate   to  each  other  any   information which may   be
required , for instance , for drawing up insurance documents , submitting pension
claims or verifying administrative and medical data ;          this may sometimes
require an exchange of data which relate to the private sector or to the
activities or administration of an undertaking .
Ch the other hand , the Member States recognize in their national legislations
the provisions guaranteeing the protection of data of a personal nature .
Under certain legislations , data of     a private nature may not be divulged
without prior authority provided for by law or without permission from the
person concerned , whereas , under other legislations , such data may be applied
for purposes other than social security purposes .      The same rule applies in
the case of the communication of the data in question , which under certain
legislations are the responsibility of the sending State , whereas in other
cases the legislation of the State receiving the data is applicable .
In view of these significant differences , it has been deemed
necessary to harmonize the problem of the protection of personal data used in
the context of social security purposes at Community level by adopting a
stringent legal standard .
 ---pagebreak---                                                12
The aim of the proposal is to insert a provision in Article 84 which is based on the
following principles :
(a)   The transborder data flows should not be subject to any restrictions as a
      result of which the implementation of Regulations Nos 1408 / 71 and 574 / 72 could
      be adversely affected ;
(b)   The first communication of data is subject to the legislation of the sending
      State and the storage , alteration , withdrawal and subsequent transmission of
      data are subject to the legislation of the receiving State ;
(c )  There must be a guarantee that data shall be used only for social security
      purposes . Ail subséquent transmissions for other purposes are dépendent upon
      the approval of the person concerned or of other guarantees laid down by
      national legislation .
The proposed provision will be included as a new paragraph 5 in Article 84 . In the
context of the application of Community regulations this new provision is aimed at
guaranteeing the observance of the standards laid down by the national legislations
in respect of protection of a private nature and on the other hand at the protection
of the data in question against abuse .
 ---pagebreak---                                               13
6.     Amendment to Annex II , section II
The French Law No 85-17 of 4 January 1985 concerning measures in favour of
young families and of      large families has   instituted  a new benefit :   a
" before-after " birth allowance , the conditions governing the award of which
are laid down by Decree No 85-475 of 26 April 1985 . This allowance takes the
place of the prenatal allowances and postnatal allowances and is paid monthly
to all families from the first day of the calendar month following the third
month of pregnancy up to the third month after birth .
Consequently , Annex II , part II , heading E. France should be amended for the
purpose of taking account of this amendment in French legislation .
 ---pagebreak---                                                   14
8.     Amendment to Annex III
The Portuguese and United Kingdom authorities are at present engaged on a revision
of the Social Security Convention of 15 November 1978 for the purpose of including a
provision concerning the award of family benefits to employed persons in accordance
with the legislation of the country of employment .
A similar provision of the Convention concluded between Spain and the United Kingdom
is included in Article 60(2 ) of the Act of Accession of 1985 .   In order to ensure
that this revised provision of the Convention can become applicable , it should be
included in Annex III of the Regulation . This provision will be applicable up to
the end of the period of transmission mentioned in Article 220(1 ) of the Act of
Accession because on that date Article 73(1 ) will be applicable to Portuguese
 employed persons working in the Uiited Kingdom .
 ---pagebreak---                                                  15
.9-    Amendment to Annex VI
 (a)   Amendment Incorporated under heading " A. Belgium"
The amendment proposed to paragraph 6 is purely textual .      This item is included in
the adoption of Council Regulation ( EEC ) No 1390 / 81 for the purpose of taking
account of the special character of Belgian legislation in respect of unemployment
benefits following the extension of the scope of Regulation No 1408/ 71 to self -
employed persons . The text of this paragraph has been found to be incomplete and
unclear .
 (b )  Amendment incorporated under the heading " F. Greece "
When the Regulation was applicable only to employed persons , Greek legislation did
not lend itself to a description of the insured employed persons in the context of
the agricultural scheme ( OGA ). The provisions of Article l(a)(iii ) and of Annex I ,
section I , heading F. Greece , Item 1 of Regulation No 1408 / 71 have been included for
the purpose of taking account of the special character of the OGA scheme .
 Since the extension of Regulation No 1408 / 71 to self-employed persons , paragraph 1
 in heading " F. GREECE" in Annex VI has become superfluous and should be deleted .
The following items under the heading "Greece " should consequently be renumbered .
 ---pagebreak---                                              16
(c )   Amendments incorporated in the headings "G. Ireland " and "L. United Kingdom"
The objective of these amendments is to regularize , by including the proposed text
in Annex VI , the practice followed by Ireland and the United Kingdom of paying
unemployment benefits to beneficiaries who return to one of these Member States at
the end of the period referred to in Article 69(2 ) of the Regulation . In Article
69(2 ) of the Regulation it is laid down that an unemployed person who returns to the
competent State after expiry of the period of three months during which he has
received unemployment benefits in accordance with the legislation of this Member
State under Article 69(l)(c ) shall lose all entitlement to benefits under the legis ¬
lation of the competent State .
This amendment is of importance for migrant workers in a period in which the labour
market is in a state of crisis throughout the Community pending the adoption of a
proposal for a regulation concerning " unemployment and early retirement " which has
been blocked by the Council since 1980 .
(d )   Amendments incorporated under the heading " J. Netherlands "
(i)    Point 1
1 April 1986 saw the entry into force of a far-reaching revision of the Netherlands
scheme in respect of    insurance for medical expenses for ordinary risks .     In the
first place , the scope of the obligatory sickness insurance fund has been consider­
ably extended in the sense that in addition to employed persons whose salary does
not exceed a fixed ceiling , all persons entitled to a Netherlands social security
benefit are now also insured ,    including persons   who  have   worked  in public
 ---pagebreak---                                              17
bodies or in semi-public bodies and are entitled to a pension under a special scheme
which does not appear in the declaration drawn up by the Netherlands pursuant to
Article 5 of Regulation No 1408 / 71 . This concerns beneficiaries entitled to an
invalidity pension under the Algemene burgerlijke pensioenwet ( Netherlands legis ¬
lation on general civil service pension insurance ), the Algemene militaire pensioen ¬
wet ( Netherlands legislation on pension insurance for military personnel ), the
Spoorwegpensioenwet ( Netherlands legislation on pension insurance for railway
personnel ) and the Reglement Dienstvoorwaarden Nederlandse Spoorwegen ( Regulation
concerning employment conditions for Netherlands railway personnel ) or to bene ¬
ficiaries entitled to early retirement under Article 12 of the implementing Decree
on compulsorily insured persons as covered by the Law on sickness insurance funds .
                                           Furthermore , compulsory sickness insurance
fund does not end when the person concerned reaches the age of 65 years . Another
important amendment consists in the abolition of voluntary insurance and the sick ¬
ness insurance fund for the elderly and the introduction of a so-called standard
insurance for the purpose of providing cover for persons who do not satisfy or who
no longer satisfy the conditions required for compulsory sickness fund insurance
provided that they elect to have their place of residence in the Netherlands and
that immediately prior to this they were covered by a sickness fund insurance in the
Netherlands or in another Member State .
As a consequence of the abovementioned amendments to the Netherlands legislation ,
the present provisions of Annex VI , heading J , point     1 should be amended and a
provision , permitting the implementation of Articles 27-34 of Regulation ( EEC ) No
1408 / 71 to compulsorily insured persons covered by the Netherlands law on sickness
insurance funds who are entitled to one of the abovementioned pensions , should be
added for the purpose of maintaining the protection offered to them by the above -
mentioned insurance on the territory of another Member State .
 ---pagebreak---                                               18
( il ) Point 2
On 1 April 1985 the AOW ( Netherlands legislation on general old-age insurance ) was
amended for the purpose of ensuring equality of treatment between men and women in
the field of social security .
By virtue of the new legislation^ insured men and women , married or single , build up
their own pensions completely independently of each other . For each calendar year
during which the person concerned was not insured or did not pay the required con­
tribution between the ages of 15 and 65 years , a reduction of 27. is applied to the
pensions .
The individualization of the rights to an old-age pension entails personal con­
tributions .   Each individual pays for the general old-age insurance contributions
calculated on the basis of their own incomes up to a fixed ceiling .     A person who
receives no income , for instance , pays no contributions .
Furthermore , provision has been made for a system of supplements to which the older
spouse can be entitled until such time as the younger       partner has  also reached
pensionable age .   The amount of this supplementary allowance also depends on the
contributions of the spouse of the beneficiary and a reduction of 27. is applied for
each calendar year during which the spouse of        the beneficiary was not   insured
between the ages of 15 and 65 years or for each contribution year in respect of
which he made no payments between the ages of 15 years and 65 years .
 ---pagebreak---                                            19
The amendments contained in the present proposal have two objectives .    Oi the
one hand , the relevant paragraphs in Annex VI should be adapted to the general
old-age insurance scheme ( AOW ) and on the other hand the spouse , resident in
another Member State , of   an employed person or of     a self-employed person
living in the Netherlands should be afforded the opportunity of taking out
voluntary insurance with the ACW / AWW .
The contribution for this voluntary insurance is exactly the same as the con ¬
tribution for the compulsory insurance of a spouse living in the Netherlands
in the case of spouses of employed persons or of self-employed persons who
commenced working in the Netherlands before 1 April 1985 without interruption .
For the spouses of employed persons or of self-employed persons who , following
a brief interruption after 1 April 1985 , commenced or re-commenced working in
the Netherlands , the contributions are determined in accordance with the
national rules valid for    the determination of   contributions for voluntary
insurance under the AOW and the AWW ( minimum contribution or 57. of the maximum
contribution ).  This differentiation between the two situations , whereby only
the minimum contribution has to be paid by the spouses who find themselves in
the second situation , even where they have no income , can be justified by the
fact that in the first situation the rights acquired before 1 April 1985 will
have to be respected whereas in the second situation the persons concerned
were completely free to decide with full knowledge of the new rules whether or
not they wished to join this voluntary insurance scheme .
The proposed provisions concerning the method of determining the pension under
the AOW or of the supplementary allowance are aimed at remedying inequitable
situations which could result from the      exclusive   application  of the new
Netherlands legislation for workers or self-employed workers insured in the
Netherlands whose spouses do not live in that State .
 ---pagebreak--- ( iii ) Point 4
                                           20
In the context of the general revision of the Netherlands social security legis ¬
lation , the new Toeslagenwet ( law on supplements ) also plays a role -    This law is
aimed at ensuring a minimum wage for persons who are entitled to unemployment bene ¬
fits , invalidity benefits or sickness benefits by awarding a supplement equal to the
difference between the amount of the benefit in question and the social minimum
applicable in the case of the recipient of this benefit taking account of any income
enjoyed by the spouse of the beneficiary .
This supplement is a benefit as provided for in Article l(t ) of Regulation No
1408 / 71 which is awarded under the Netherlands provisions of the Toeslagenwet ( law
on supplements ). It is proposed that the supplements not be regarded as part of the
benefit to which it relates since this would lead to insurmountable administrative
difficulties ,  in particular for the calculation of the Netherlands benefit for
incapacity for work in application of Article 40(1 ) of Regulation No 1408 / 71 and in
view of the fact that this proposal does not expose migrant workers to any adverse
consequences .    In this case the supplement will not be prorated even in the case
where the Netherlands benefit in respect of incapacity for work ( AAW / WAO ) is awarded
on a pro rata basis under Article 46 of the Regulation . Neither does a place of
residence outside the Netherlands constitute a hindrance to the award of a supple ¬
ment under Netherlands legislation . For that reason it is proposed in paragraph 4
of the heading " J . Netherlands " of Annex VI that a provision be included in this
sense which will be applicable exclusively to Netherlands invalidity benefits
( AAW /WAO ) .
 ---pagebreak---                                               21
Article 2
1.     Insertion of a new paragraph in Article 3 of Regulation ( t£C ) No 574 / 72
Article 48 of Regulation No 574 / 72 contains a provision concerning the notification
of decisions , albeit a notification which is limited to cases relating to pensions
in respect of which a decision is also taken by an institution of another Member
State .   This  Article therefore  does not    cover  cases   of direct  notification  of
decisions or other documents of       an  institution of    a Member State relating to
benefits other than pensions which are intended for a person who resides or stays
in the territory of another Member State .     From this it follows that in such cases
notification is controlled by national legislation which in the majority of cases
calls upon the services of diplomatic or consular representatives .
In order to avoid such time-consuming and costly procedures and in the interests of
the person concerned , it is proposed that this new paragraph be added to Article 3
of  the   implementing Regulation   in   which  provision   has  already  been  made  for
communications between institutions and between beneficiaries and institutions .
It is considered necessary that in the proposed provision it be laid down that the
direct notification of the abovemen t ion ed documents be made           in writing with
acknowledgment of receipt as a means of guaranteeing that the person concerned has
indeed received the notification .    This is necessary in view of the fact that these
are decisions against which an appeal can be lodged .
 ---pagebreak---                                                22
2.      Amendment to Article 10 of Régulation ( EEC ) No 574 / 72
The reasons for amending Article 10 have been set out in Article 1(5 ) of this
Annex concerning amendments to Articles 76 and 79 of Regulation ( EEC ) No
1408 / 71 .
3.      Amendments to Annex 2 to Régulation ( EEC ) No 574 / 72
The competent institutions of each Member State are listed in Annex 2 .
(a)     Amendment to heading " A. Belgium "
        The name of the Office national des pensions pour travailleurs salaries
        ( National Pension Office for Employed Persons ) was amended by Royal
        Decree No 513 of 27 March 1987 , published in the Moniteur Beige ( Belgian
        Official Gazette ) of 27 March 1987 to read " Office national des pen ¬
        sions " ( National Pension Office ) with effect from 1 April 1987 . The
        Caisse national des pensions de retraite et de survie ( National Fund for
        Retirement and Survivor 's Pensions ) was abolished by order of the same
        Royal Decree .    This concerns a reorganization with a view to the sim¬
        plification of the organization and of the administrative structures in
        addition to the rationalization of the determination of pension bene ¬
        fits .
        The present name in point 3 of the Belgian institution competent in the
        matter of pensions should be amended .
(b )    The amendment made by the Danish Law No 235 of 6 June 1985 to the name
        of the institution competent in the matter of unemployment calls for the
        amendment proposed in respect of point ( f ) in heading " B. Denmark ".
 ---pagebreak---                                            23
(c )  Amendment to heading " F. Greece "
                                                       /
As a consequence of the amendments made to Greek legislation        in respect of
family benefits , the Seamen 's Home in Piraeus has been designated by President ¬
ial Decree No 213 / 83 as the competent institution for seamen in respect of
family benefits .
(d )  Amendment to heading " I. Luxembourg "
By virtue of the Luxembourg law of 19 June 1985 concerning family allowances and
relating to the creation of a national fund for family benefits , the legislation
applicable hitherto in respect of family benefits was abolished with effect from
1 January 1986 .
The new law constitutes ,  inter alia , an administrative re-organization of the
administration of family benefits whereby the three existing funds are replaced
by one administrative body , viz the national fund for family benefits .
From this it follows that the text of paragraph 5 should be amended accordingly .
(e)   Amendment to heading " J. Netherlands "
(i)   As a consequence of the amendments made to the Netherlands legislation
concerning unemployment , the Bedr i jf sveren ig ing ( Professional and Trade
Association ) with which the employer of the insured person is insured remains
the only body competent in respect of unemployment .     From this it follows that
the text of point 4 should be amended .
 ---pagebreak---                                             24
( ii ) Oi 1 January 1987 , the Nieuwe Algemene Bedrijf svereniging ( New General Prof ¬
essional and Trade Association ), Amsterdam , was designated as the competent ins ¬
titution for the implementation of Article 57(3)(c ) (new paragraph 5 ) of Regulation
No 1408 / 71 for those cases in which benefits are awarded after 30 June 1967 . The
text of point 6 should consequently be amended .
4.     Amendments to Annex 3 to Régulation ( EEC ) No 574 / 72
The institutions of the place of residence and the institutions of the place of stay
of each Member State are listed in Annex 3 .
(a)    Amendment to heading " A. Belgium "
The amendment proposed in respect of point 7(a ) is the same as the amendment men ¬
tioned above in respect of Annex 2 .
(b)    Amendment to heading " C. Germany "
       (i)    As a consequence of the amendments made to German legislation in respect
              of sickness insurance since 1 January 1984 , the institution competent in
              the matter of treatment of   tuberculosis is   the same as for other sick ¬
              nesses , in view of the fact that tuberculosis is considered to be a
              normal sickness . Point 1(c ) should consequently be deleted .
       ( ii ) The incorporation of the new address of the Federation of Professional
              and Trade Associations in Industry calls for an amendment to point 2(b )
              of this heading ;   the same applies to the proposals mentioned below
              concerning Annexes 4 and 10 .
 ---pagebreak---                                               25
(c )  Amendment to heading " F. Greece "
In point 3 of the paragraph concerning Greece , mention is made of the mariners'
retirement fund or of Seamen 's Home , as the case may be , as the institution of
the place of residence or of the place of stay for seamen for benefits other
than unemployment benefits and family allowances .        Pursuant to an  agreement
between the two competent Greek authorities , the Ministry of Social Security and
the Ministry of Merchant Shipping , the social insurance institute ( IKA ), Athens ,
remains the only institution of the place of residence and of the place of stay
for all benefits except for unemployment benefits and family allowances .      Con ¬
sequently , Item 3 of heading " F. Greece " should be deleted .
(d )  Amendment to heading " I. Luxembourg "
The amendment proposed to point 5 of heading " I. Luxembourg " is of the same
nature as the amendment mentioned above concerning Annex 2 .
(e)   Amendment to heading " J . Netherlands "
The proposed amendment to point 4 in heading " J. Netherlands " is of the same
nature as the amendment mentioned above concerning Annex 2(e ) ( ii ).
5.    Amendments to Annex 4 to Régulation ( EEC ) No 574/ 72
The amendment proposed in respect of point 8 of the heading " B. Denmark " is the
same as the amendment proposed above in respect of Annex 2 .
The amendments proposed in respect of point 3 in heading "A. Belgium" and in
point 2 of heading "C . Germany " is the same as the amendments proposed above in
respect of Annex 3 .
 ---pagebreak---        6.     Amendments to Annex 5 to Régulation ( EEC ) No 574 / 72
       Article 104(2 ) of the implementing Regulation provides for the entry in Annex 5 of
       agreements on refunds between Member States .       The proposed amendment concerns the
       entry of the following agreements concluded under Article 36(3 ) of Regulation
      No 1408 / 71 :
       (a)   Amendment to heading " 7 . Belgium-Italy "
      The Belgian Ministry of Social Welfare and the Italian Ministry of Health concluded
      an agreement by means of an exchange of letters of 13 November 1985 and 29 January
      1986 providing for advance payments of 90% of the reciprocal claims under Article 93
      of the implementing Regulation submitted during a calendar half-year .
      This agreement entered into force on 1 January 1986 .
      (b )   Amendment to heading " 9 . Belgium-Netherlands "
      The agreement concluded between Belgium and the Netherlands on          24 December 1980
      concerning     the reimbursement  of  benefits   in  kind  is   amended with effect from
      1 January 1987 .
(c)     Amendment to heading " 26 . Germany - Italy
Articles 18 , 35 , 48(1 ) and 39 of the Administrative agreement of 6 December 1953
shall no longer be valid in light of the amendment to point 1 of heading C. in
Annex 6 .
     (d ; .  Amendment to heading " 41 . France-Italy "
      The French Ministry of Social Affairs and National Solidarity and the Italian
      Ministry of Health concluded an agreement providing for advance payments of 90% of
      the reciprocal claims under Article 93 of the implementing Regulation submitted
      during a calendar half-year by exchange of letters of 14 February and of 18 March
      1986 . This agreement entered into force on 1 January 1986 .
             Amendment to heading " 54 . Ireland -Nether lands "
      The competent authorities of Ireland and the Netherlands concluded an agreement by
      exchange of letters of 22 April 1987 and 27 July 1987 under which these Member
      States waive the reimbursement of unemployment allowances and of the cost of admin¬
      istrative checks and medical examinations .
      This agreement is applicable from 1 January 1987 .
 ---pagebreak---                                                    27
     (f )     Amendment to heading 64 . Netherlands - Portugal
     On 11 December 1987 the competent authorities of The Netherlands and of Portugal
     concluded an agreement concerning a reimbursement of benefits in kind for
     sickness and maternity .     This agreement entered into force on 12 December 1987
     with effect from 1 January 1986 .
    ( g)     Amendment to heading " 65 . Netherlands-United Kingdom"
   The competent authorities of the Netherlands and of the United Kingdom concluded
   an agreement by means of an exchange of letters of 25 April and of 26 May 1986
   replacing the agreement between the Netherlands and the Uhited Kingdom concluded
   on the basis of an exchange of letters of 24 February and of 5 March 1976 ,
   entered in Annex 5 , heading 65 , under point ( c ).
  This agreement concerning the application of Article 36(3 ) of Regulation No
   1408/ 71 entered into force on 1 January 1986 .
  The proposed amendment is aimed at the inclusion of the new agreement instead of
  the old agreement in Annex 5 .
  7.        Amendments to Annex 6 to Régulation No 574 / 72
  The changes made in Germany and in the dealings between Germany and Italy in the
  procedure for the payment of benefits in respect of invalidity , old age and
 death , call for an amendment to be made to point 1 in heading "C. Germany ".
  8.       Amendments to Annex 10 to Régulation No 574 / 72
 Annex 10 contains the list of the institutions and bodies designated by the com ¬
 petent authorities in accordance with Article 4(10 ) of the implementing Reg -
 ulat ion .
 (a)       Amendments to heading " B. Denmark "
 The amendments proposed in respect of points 5 , 6(b ) and 7(b ) of heading " B.
 Denmark " are the same as those above in respect of Annexes 2 and 4 .
 (b)      Amendments to heading "C . Germany "
The amendments proposed in respect of points 8(a ) and 9(b)(ii ) are the same as
those proposed above in respect of Annexes 3 and 4 .
(c )      Amendments to head ing " E. France "
In the heading concerning France , mention is made in point 5(ii ) of the Ministry
of Agriculture , Paris , as the competent authority for the implementation of
Article 17 in connection with Article 14(1 ) of the agricultural scheme .
 ---pagebreak---                                               28
Following the reform of the external services of the Ministry of Agriculture of
December 1984 the " Direction regionale de 1 ' Agriculture et de la Foret - Service
regional de 1' Inspection du Travail , de l'Emploi et de la Politique sociale
agricoles " ( Regional Directorate of Agriculture and Forestry - Regional Department
of Inspection of Labour , Employment and Social Policy in Agriculture ) has been
designated as the competent authority .
Point 5(ii ) in heading " E. France " should consequently be amended .
(d )   Amendments to heading " I. Luxembourg "
The amendments proposed in respect of points 7(b ) and 8(d ) are the same as those
mentioned above concerning Annexes 2 and 3 .
(e)    Amendment to heading " J. Netherlands "
On 1 January 1988 the Social Insurance Council , Zoetermeer , was designated as the
competent institution for the prolongation of a posting as referred to in Article
14(l)(b ) and in Article 14a(l)(b ) of Regulation ( EEC ) No 1408 / 71 .
Point 1 of the heading " J. Netherlands " should consequently be amended by adding a
reference     to paragraph  2 of  Articles   11  and  11a   of  implementing   Regulation
No 574 / 72 .
 9.    Amendment to Annex 11 to Regulation No 574 / 72 , heading " E. France "
The schemes referred to in Article 35(2 ) of Regulation ( EEC ) No 1408 / 71 are listed
 in Annex 11 .
 In the heading concerning France , mention is made of the sickness and maternity
 scheme for self-employed persons engaged in non-agr icultural occupations set up
 under the amended law of 12 July 1966 .
 In view of the recent amendment to the French scheme for self-employed persons which
guarantees cover for minor risks which is comparable to those of the general scheme ,
 France should be deleted from Annex 11 .
 ---pagebreak---                                        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
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in
particular Articles 51 and 235 thereof ,
                                                         1
Having regard to the proposal from the Commission , drawn up after consulting the
Administrative Commission on Social Security for Migrant Workers ,
                                                                2
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee^,
Whereas there are grounds for making the necessary adaptations to Council Regulations
(EEC ) No 1408/71 and No 574/72, in the updated version of Regulation ( EEC) No 2001 /83^,
as last amended by Regulation ( EEC ) No 3811 /86^; whereas some of these amendments
are related to changes which the Member States have made to their legislation in
respect of social security , other amendments are of a more technical nature and are
intended to perfect the abovementioned Regulations on the basis of the experience
gained in the implementation thereof ;
Whereas the signing of the agreement of 30 November 1979 concerning the social
security of Rhine boatmen calls for an amendment to be made to Article 7(2 ) ( a ) of
Regulation ( EEC ) No 1408 / 71 ;
Whereas a provision should be introduced permitting a Member State whose legislation
provides for the prolongation , by certain facts or circumstances , of a reference
period preceding the occurrence of the risks insured against during which a minimum
period of insurance was fulfilled , for the recognition of the right to a benefit , to
take account of similar facts or circumstances occurring in another Member State for
the aforementioned prolongation ;
1
  0J No C
2
  0J No C
3
  0.J No C
4
  0.i No L  230 , 22 August 1983 ,   P  6.
5
  0J No L 355 , 16 Oecember 1986       p. 5 .
 ---pagebreak---                                               30
Whereas a provision shouldbe included in Article33 of Regulation ( EEC ) No 1408/71 fo^
the purpose of clarifying the implementation of that Article in the cases mentioned
in Article 28a of the aforementioned Regulation ;
Whereas the experience gained in implementing Article 57 of Regulation ( EEC ) No
1408/ 71 has revealed a loophole in the case where the conditions of none of the
national legislations , under which a professional or trade activity likely to cause
an occupational disease other than sclerogenic pneumoconiosis was being pursued ,
have been satisfied ; whereas this loophole should be remedied by extending the
scope of Article 57(3 ) ( a ) and ( b ) to all occupational diseases ; whereas it is
consequently necessary to amend the text of Article 60(l)(c ) and ( 2 ) and of Article
94(8 ) of the abovementioned Regulation ;
Whereas it seems necessary , following the Judgment of the Court of Justice in Case
377/ 85 ( Burchell ) , to make certain amendments to the text of Article 76 and Article
79 of Regulation ( EEC ) No 1408/ 71 , for the purpose of the implementation of the
Community provisions against overlapping also in the case where a benefit referred
to in Chapters 7 and 8 of the aforesaid Regulation is due in application only of
national legislation ;
Whereas     national    provisions   concerning the protection of personal data cannot
hinder the implementation of Regulations ( EEC ) No 1408 /71 and No 574 / 72 ; whereas a
provision should be included in Regulation No 1408/ 71 for the purpose of determining
the legislation applicable in the case of the communication of these data to
authorities or institutions of another Member State ;
Whereas the heading " E. France " of Part II of Annex II to Regulation ( EEC ) No 1408 /71
should be adapted as a consequence of an amendment to French legislation ;
Whereas a provision of an agreement concluded between Portugal and the United King ¬
dom should be included in Annex III ;
Whereas it has been found that the text of point 6 under the heading "A. Belgium" in
Annex VI is incomplete as far as the objectives pursued are concerned ; whereas
consequently textual amendments are called for ;
Whereas what is laid down in Item 1 of heading "F . Greece" in Annex VI should be
deleted since this provision no longer has any purpose following the extension of
the Regulations to self-employed persons ;
 ---pagebreak---                                                31
Whereas the amendments made to Netherlands legislation concerning insurance for
                                                                   /
medical expenses , invalidity insurance and old-age insurance call for amendments to
Annex VI ;
Whereas     the  extensive implementation   by   Ireland and   the   United    Kingdom    of   the
provisions of Article 69 of Regulation ( EEC ) No 1408 / 71 call for the inclusion of a
provision in Annex VI of that Regulation ;
Whereas it is necessary to insert a provision in Article 3 of Regulation ( EEC ) No 574 /72
permitting the direct notification of decisions and of other documents emanating
from an institution of a Member State to persons residing on the territory of an­
other Member State ;
Whereas      the same reasons which justify the amendments to Articles            76 and     79 of
Regulation ( EEC ) No 1408 / 71 , also call for an amendment to Art i c le 1 0 of Regu la ti on ( EEC)No
                                         I      • r.                  ^ r»
574 / 72 ;
Whereas it is necessary to amend certain provisions of Regulation ( EEC ) No 574 / 72 in order
to take account of amendments made by this Regulation to Article 57 of Regulation ( EEC ) No
1408 / 71 ;
Whereas it is necessary to make certain amendments to Annex 2 to Regulation ( EEC ) No
574 / 72 because of the changes in the designation of the competent institution for
pensions in respect of old age and of death in Belgium , for unemployment in Denmark
and for family benefits in Greece and Luxembourg           and also to the designation of
the competent institution for unemployment and occupational diseases in the Nether ¬
lands ;
Whereas it is necessary to make certain amendments to Annexes 3 and 4 of Regulation ( EEC )
No 574 / 72 for the purpose of taking account of changes made in the designation of
the institution of the place of residence in Belgium , of the place of residence and
of the place of stay in Greece, Luxembourg and the Netherlands and of the designation
of the liaison body in Belgium , Denmark and Germany ;
Whereas it is necessary to amend certain provisions of Annex 5 to Regulation ( EEC ) No
 574 / 72 for the purpose of taking account of the agreements concluded between Member
 States under Article 36(3 ) of Regulation ( EEC ) No 1408 / 71 ;
Whereas it is necessary to amend Annex 5 to Regulation ( EEC ) No 574 /72 as a result of
a change in the procedure in Germany in respect of the payment of benefits ;
 ---pagebreak---                                                32
   Whereas it is necessary to amend Annex 10 to Regu lation ( EEC ) No 574/72 for the purpose of
   taking account of changes         made in the designation of the institutions and bodies
   designated by the competent authorities in Denmark , Germany, France, Luxembourg and
   the Netherlands ;
   Whereas it is necessary to delete the heading » E. France" from Annex 11 to
   Regulation ( EEC ) No 574/72 following changes made in the legislation of that Member State
   concerning the scheme for self-employed persons ,
   HAS ADOPTED THIS REGULATION :
   Article 1
   Regulation ( EEC ) No 1408 / 71 is hereby amended as follows :
   1.     Article 7(2 ) ( a ) is replaced by the following :
          "( a ) The provisions of the Agreements of 27 July 1950 and 30 November 1979
          concerning social security for Rhine boatmen ;"
   2.     After Article 9 , a new Article 9a     is inserted as follows :
'* Article 9a
   "Prolongation of the period of reference
   Where , under the legislation of a Member State , recognition of entitlement to a
   benefit is conditional upon completion of a minimum period of insurance during a
   specific period preceding the contingency insured against ( period of reference ) and
   where the aforementioned legislation provides that the periods during which the
   benefits have been granted under the legislation of that Member State or periods
   devoted to the upbringing of children in the territory of that Member State shall
   give rise to prolongation of the period of reference , periods during which invalid­
   ity pensions or old-age pensions or sickness benefits , unemployment benefits or
   benefits for accidents at work ( except for pensions ) have been awarded under the
   legislation of another Member State and periods devoted to the upbringing of child­
   ren in the territory of another Member State shall likewise give rise to prolong­
   ation of the aforesaid period of reference . "
 ---pagebreak---                                              33
3.    In Article 33 the present paragraph becomes paragraph 1 and a new paragraph
      2 is added , worded as follows :
" 2 . Where , in the cases referred to in Article 28a , the acquisition of benefits in
respect of sickness and maternity is subject to the payment of contributions and
similar payments under the legislation of a Member State in whose territory the
pensioner in question resides , by virtue of having his place of residence in that
Member State , these contributions shall not be payable ."
A.      Article 57 is replaced by the following :
" Article 57
Benef i ts for an occupational disease where the person concerned has been exposed to
the same risk in several Member States
1.      When a person who has contracted an occupational disease has , under the legis ¬
lation of two or more Member States , pursued an activity which by its very nature is
likely to cause that disease , the benefits that he or his survivors may claim shall
be awarded exclusively under the legislation of the last of those States whose
conditions are satisfied , taking into account , where appropriate , the provisions of
paragraphs 2 to 5 .
2.      If under the legislation of a Member State the granting of benefits in respect
of an occupational disease is subject to the condition that the disease in question
was first diagnosed within its territory , such condition shall be deemed to be
satisfied if the disease was first diagnosed in the territory of another Member
State .
3.      If under the legislation of a Member State the granting of benefits in respect
of an occupational disease is subject to the condition that the disease in question
was diagnosed within a specific time limit following cessation of the last activity
which was likely to cause such a disease , the competent institution of that State ,
when checking the time at which such activity was pursued , shall take into account ,
to the extent necessary , similar activities pursued under the legislation of any
other Member State , as if they had been pursued under the legislation of the first
State .
 ---pagebreak---                                               34
4.     If under the legislation of a Member State the granting of benefits in respect
of an occupational disease is subject to the condition that the activity likely to
cause the disease in question was pursued for a certain length of time , the com­
petent institution of that State shall take into account , to the extent necessary
periods during which such activity was pursued under the legislation of any other
Member State , as if it had been pursued under the legislation of the first State .
5.     In cases of sclerogenic pneumoconiosis , the cost of cash benefits including
pensions shall be divided between the competent institutions of the Member States in
whose territory the person concerned pursued an activity likely to cause the dis­
ease .   This division shall be carried out on the basis of the ratio which the length of the periods
of old-age insurance or residence referred to in Article 45(1 ) completed under the
legislation of each of the States bears to the total length of the periods of old-
age insurance or residence completed under the legislation of all the States at the
dates on which the benef its commenced .
6.     The Council shall determine unanimously , on a proposal from the Commission ,
the occupational diseases to which the provisions of paragraph 5 shall be extended ."
5.     In Article 60 :
       (i)    in paragraph 1(c ), the words "of Article 57(4 )" are replaced by the
              words "of Article 57(6 )".
       ( ii ) in the third line of paragraph 2 the words "of Article 57(3)(c )" are
              replaced by the words "of Article 57(5 )" and in the fourth line of
              paragraph 2(b ) the words " of Article 57(3)(c )" are replaced by the
              words " of Article 57(5 )".
6.     In Article 76 :
         (i)  in the second line of the title the following phrase :
              " only of the national legislation or" is inserted after the words
              " in pursuance ";
       ( ii ) the following phrase :     "due only under the national legislation or"
               is inserted after the word "allowances " at the end of the first
              line of the text of the Article .
 1’     In paragraph 3 of Article 79 , the following phrase :
       "only under the national legislation or" is inserted after the word
       "due " in the first line of the text .
 ---pagebreak---                                              35
8.      The following new paragraph 5 is added to Article 84 :
"3. (a)        Where , under this Regulation or under the implementing Regulation
               referred to in Article 98 , the authorities or institutions of a Member
               State communicate personal data to the authorities or institutions of
               another Member State , that communication shall be subject to the legal
               provisions governing protection of data laid down by the Member State
               providing the data . Any subsequent transmission as well as the storage ,
               alteration and destruction of the data shall be subject to the provisions
               of the legislation on data protection of the receiving Member State .
     (b)       The use of personal data for purposes other than those of              social
               security shall be subject to the approval of the person concerned or in
               accordance with other guarantees provided for by the national legis ¬
               lation ."
9.      In the second line of Article 94(8 ) the words "Article 57(3)(c ) shall apply
to " are replaced         by the words "Article 57(5 ) shall apply to ".
10 .    In section II of Annex II , the text under heading " E. France " is re ¬
placed by the following :
" Allowance for young children , not subject to conditions in respect of a means
test ."
11 .    In Annex III , section A of heading " 66 . Portugal / United Kingdom"      is
amended as follows :
          (i)  the present text becomes item ( a )
        ( ii ) the following item is added :
      "( b )   As regards Portuguese employed persons and for the period provided for
               in Article 220(1 ) of the Act relating to the conditions of accession of
               the Kingdom of Spain and the Portuguese Repub li c and the adj ustments
               to the Treaties : Article 26 of the Social Security Convention of 15
               November 1978 , as amended by an exchange of letters of 28 September
               1987".
 ---pagebreak---                                               36
12 .   Annex VI is amended as follows :
(a)    Under the heading "A. Belgium", Item 6 i S replaced by the following :
" 6 . In order to establish whether the requirements imposed by Belgian legislation
for entitlement to unemployment benefits are fulfilled account shall be taken only
of days of paid employment ; account shall be taken of days accepted as equivalent
within the meaning of the said legislation only in so far as the days worked which
preceded them were days of paid employment ."
(b)    Under the heading " F. Greece " :
       (i)    Section 1 is deleted
       ( ii ) Sections 2 and 3   become sections 1 and 2 respectively .
(c )   Under the heading " G. Ireland ":    the following section is added after
section 8 :
"9.    An unemployed person returning to Ireland at the end of the period of three
months for which he continued to receive benefits under the legislation of Ireland
in application of Article 69(1 ) of the Regulation shall be entitled to apply for
unemployment benefits by way of derogation from Article 69(2 ) if he satisfies the
conditions laid down in the aforementioned legislation ."
 (d )   Under the heading " J. Netherlands ":
        (i)   Section 1   is replaced by the following :
 "1.    Insurance for medical expenses
 (a)    As regards entitlement to benefits in kind under Netherlands legislation ,
 persons entitled to benefits in kind shall mean persons who are insured or co ¬
 insured under the insurance scheme covered by the Netherlands law on sickness in ¬
 surance funds for the purpose of the implementation of Chapter 1 of Title III .
 ---pagebreak---                                                  37
(b )   A person receiving an old-age pension under Netherlands legislation and a
pension under the legislation of another Member State shall , for the purposes of
Article 27 , be considered to be entitled to benefits in kind if , at the time at
which the aforementioned Article is applicable to him , he satisfies the conditions
required for admission to standard insurance as referred to in Article 2(1 ) of the
Law on admission to insurance for medical expenses .
(c )   For the purposes of Articles 27 to 34 of the Regulation , the following pensions
shall be treated as pensions payable under the legal provisions mentioned in sub -
paragraphs ( b ) ( invalidity ) on  ( c ) ( old age ) of the declaration of the Kingdom of
the Netherlands under Article 5 of the Regulation :
       pensions awarded under the Law of 6 January 1966 ( Staatsblad 6) on a new
       ruling in respect of civil servants and their survivors ( Netherlands Civil
       Service Pensions Act ) ( Algemene burger lijke pensioenwet ) ;
       pensions awarded under the Law of 6 October 1966 ( Staatsblad 445 ) on a new
       ruling in respect of pensions for military personnel and their survivors
       (Military Pensions Act ) ( Algemene militaire pensioenwet );
       pensions awarded under the Law of 15 February 1967 ( Staatsblad 138 ) on a new
       ruling in respect of pensions for employees of the N .V . Nederlandse Spoorwegen
       ( Netherlands Railway Company ) and their survivors ( Railway Pensions Act )
       ( Spoorwegpensioenwet ) ;
       pensions awarded under the Regulation governing conditions of employment of
       the Netherlands Railway Company ( Reglement Dienstvoorwaarden Nederlandse
       Spoorwegen ) ( R.D.V. 1964 N.S. ); or
       benefits awarded to persons on reaching the pensionable age of 65 years
       pursuant to a pension scheme , the object of which is to provide care and
       assistance for employed persons and former employed persons in their old age ."
       ( ii ) the text of Item 2   is replaced by the . f ol lowi ng :
"2.    Application     of  Netherlands      legislation   on   general  old-age  Insurance
( Toepassing van de Nederlandse Algemene Ouderdomswet ) ( ACW ).
(a)    The reduction referred to in Article 13(1 ) of the AOW shall not be applied for
calendar years or parts thereof before 1 January 1957 during which a recipient , not
satisfying the conditions permitting him to have such years treated as periods
 ---pagebreak---                                               38
of insurance , resided in the territory of the Netherlands between the age of 15
years and 65 years , or during which , whilst residing in the territory of another
Member State , he pursued an activity as an employed person in the Netherlands for an
employer established in that country .
By way of derogation from the provisions of Article 7 of the AOW , persons who
resided or worked in accordance with the abovementioned conditions only prior to
1 January 1957 shall also be regarded as being entitled to a pension .
(b )   The reduction referred to in Article 13(1 ) of the AOW shall likewise not be
applied, to calendar years or parts thereof before 1 April 1985 during which a
married woman or a woman who had been previously married between the ages of 15
years and 65 years , residing in a Member State other than the Netherlands was not
insured under the abovementioned law in so far as the calendar years or parts there ¬
of coincide with periods of insurance completed by her husband under that legis ¬
lation or with calendar years or parts thereof as referred to in ( a ).
By way of derogation from the provisions of Article 7 of the AOW , the said woman shall
be considered as being entitled to a pension .
(c ) The reduction referred to in Article 13(2 ) of the AOW shall not be applied in
respect of calendar years or parts thereof before 1 January 1957 during which the
spouse of the pensioner , not satisfying the conditions permitting him to have these
years treated as periods of insurance , resided in the territory of the Netherlands
between the ages of 15 years and 65 years , or during which , whilst residing in the
 territory of another Member State , he pursued an activity as an employed person in the
Netherlands for an employer established in that country .
 (d )  Neither shall the reduction referred to in Article 13(2 ) of the AOW be applic ¬
 able to calendar years or parts thereof before 1 April 1985 during which the spouse
 of the pensioner resided in a Member State other than the Netherlands between the
 ages of 15 years and 65 years and was not insured under the abovementioned legis ¬
 lation , in so far as the calendar years or parts thereof coincide with periods of
 insurance completed by her husband under that legislation or with calendar years or
 parts thereof as referred to in ( a ).
 ---pagebreak---                                                    39
(e)     The provisions referred to in ( a ), ( b ), ( c ) and ^d ) shall be applied only if
the person concerned has resided for six years in the territory of one or more
Member States after the age of 59 years and for as long as that person is residing
in the territory of one of these Member States .
(f )    By way of derogation from the provisions of Article 45(1 ) of the Netherlands
legislation on general insurance for widows and orphans ( Algemene Weduwen - en Wezen -
wet ) ( AWW ), the spouse of an employed person or of a self-employed person covered by
a compulsory insurance scheme , residing in a Member State other than the Nether­
lands , shall be authorized to take out voluntary insurance under these legislations
but only for the periods after 1 April 1985 during which the employed person or
self-employed person was compulsorily insured under the abovementioned legislation .
This authorization ceases on the date of termination of the compulsory insurance of
the employed person or self-employed person .
The aforementioned authorization shall not cease , however , where the compulsory
insurance of the employed person or the self-employed person is terminated as a
result of his death and where his widow receives only a pension under the Nether ¬
lands legislation on general insurance for widows and orphans .
In any event , the authorization in respect of voluntary insurance ceases on the date
on which the voluntarily insured person reaches the age of 65 years .
The contribution which has to be paid for the aforementioned voluntary insurance
shall be determined for the spouse of an employed person or of              a self-employed
person who is compulsorily insured under the Netherlands legislation on general
old-age insurance ( AOW ) and the Netherlands legislation on general insurance for
widows and orphans ( AWW ) in accordance with the provisions relating to the deter ¬
mination of the contribution for compulsory insurance , subject to the condition that
his / her income shall be deemed to have been received in the Netherlands .
 ---pagebreak---                                                    40
For the spouse of an employed person or of a self-employed person who was compulsor ¬
ily insured on or after 1 April 1985 , the contribution shall be determined in
accordance with the provisions relating to the determination of the contribution for
voluntary insurance under the Netherlands legislation on general old-age insurance
and the Netherlands legislation on general insurance for widows and orphans .
(g )    The authorization referred to in ( f ) shall be granted only if the spouse of an
employed person or of a self-employed person has informed the Sociale Verzeker -
ingsbank ( Social Insurance Bank )   not   Later than one year after commence ¬
ment of his / her compulsory insurance of the intention to take out voluntary in ¬
surance .
For the spouse of an employed person or of a self-employed person who was compulsor ¬
ily insured immediately prior to or on 1 April 1985 , or was compulsorily insured
between that date and /the date of entry into force of the Regulation amending this
Annex , the period of one year shall commence on the date of entry into force of
that Regulation^”/
(h )    The provisions referred to in ( a ), ( b ), ( c ) and ( d ) shall not be applicable to
periods coinciding with periods which may be taken into account for the calculation
of pension rights under the legislation governing old-age pensions in a Member State
other than the Netherlands , or for periods during which the person concerned received
a pension under such legislation ."
( iii ) The following paragraph   is added to Item 4 :
"( c )  For the calculation of the Netherlands invalidity benefit in application of
Article 40(1 ) of the Regulation , the Netherlands institutions shall not take account
of any supplements to be awarded under the provisions of the Law on supplements .
 Entitlement to the supplement and its amount shall be calculated exclusively on the
basis of the said Law ."
 (e )   The following item shall be inserted after Item 15 in the heading "L. United
Kingdom ":
 ---pagebreak---                                                         41
" 16 .   An unemployed person returning to the Uhited Kingdom at the end of the period
of three months during which he continued to receive benefits under the legislation
of the United Kingdom             pursuant     to     Article 69(1 ) of the Regulation , shall
continue to be entitled to unemployment benefits by way of derogation from the
provisions of Article 69(2 ) if he satisfies the conditions laid down in the afore ¬
mentioned legislation ."
Article 2
Regulation ( EEC ) No 574 / 72 is hereby amended as follows :
(1)      The following paragraph        3  is     added to Article 3 :
"3.      Decisions and other documents emanating from an institution of a Member State
and    intended for       persons  residing   or  staying on   the territory  of another Member
State     may be communicated directly by            registered  letter  with acknowledgment of
receipt ."
2.       In Article 10 :
            ( i ) the words " only under the national legislation or " are inserted in
                  the penultimate line of paragraph 1(a ) after the words " benefits are
                  due " .
          ( ii ) the words " only under the national legislation or " are inserted in
                  the first and        the fifth lines of paragraph ( b)(i ) after the word
                  "due " and
                  the words " only under the national legislation or " are inserted in
                  the first and fifth lines of paragraph ( b)(ii ) after the word " due ".
3.       In the sixth and seventh line of Article 67(3 ), the words " taking into account
the provisions of Articles 57(2 ) and 57(3 ) ( a ) and ( b )" are replaced by the words
" taking into account Article 57(2 ), ( 3 ) and ( 4 )".
 ---pagebreak---                                                  42
4.    In the second , third and fourth lines of Article 68(2 ), the words "taking into
account the provisions of Article 57(2 ) and ( 3)(a ) and ( b)’* are replaced by the
words " taking into account the provisions of Article 57(2 ), ( 3 ) and ( 4)".
5.     The introductory sentence of Article 69 is replaced by the following :
"The following rules shall apply for the implementation of Article 57(5 ) of          the
Regulation :".
6.    Annex 2 is amended as follows :
      (a)    Under heading "A. Belgium " the words "National Pension Office for Employed
             Persons , Brussels " in point 3 are replaced by the words " National
             Pension Office , Brussels ".
      (b)    Under heading " B. Denmark ", the present address in point (f ) is
             replaced by the following :
             " Direktoratet for Arbejdsløshedsforsikringen (National Office for In ¬
             surance against Unemployment ) , Copenhagen
       (c )  Under heading " F. Greece " the following text is added to point 5 :
             "( iii)for mariners              Seamen 's home , Piraeus "
       (d )  Under heading " I , Luxembourg " point 5 is replaced by the following :
              "5.    Family benefits          National Family Benefits Fund ,
                                              Luxembourg " .
       (e)     Under heading "J . Netherlands ":
              (i)    Point 4  is amended as follows :
                     "4.   Unemployment       ( Professional and Trade Association ) with which
                                              the insured person 's employer is insured ".
              ( ii ) Point 6 is amended as follows :
 ---pagebreak---                                                   43
   I.    In the second and third       lines of   the  text   in the   left-hand  column ,
         "ArticLe 57(3 )" and "Article 57(3)(c )" are replaced by "Article 57(5 )".
   II .  In point ( b ) the present text in the right-hand column is replaced
         by :
         "Nieuwe Algemene Bedri jf svereniging ( New General Professional and Trade
         Association ), Amsterdam".
7. Annex 3    is amended as follows :
   (a)   Under heading "A. Belgium " the text of the first four lines of the
         right-hand column of point 3 of section           I  is replaced by the
         following :
         " Office national des pensions , Bruxelles - Rijksdienst voor pensioenen ,
         Brussel - ( National Pension Office , Brussels)”
   (b)   Under heading " C. Germany ",
           (i)   point ( c ) of section I  is deleted
         ( ii )  the word " Bonn " in the right-hand column of point ( b ) of section 2
                 is replaced by the words "St. Augustin "
   (c )  Under heading " F. Greece ", point 3 is deleted .
   (d )  Under heading " I. Luxembourg ", point 5 is replaced by the following :
   "5 .  Family benefits                   Caisse      nationale      des      prestations
                                            familiales    ( National   Fund   for   Family
                                            Benefits ), Luxembourg ".
   (e)   Under    heading " J. Netherlands ":
         (i)     Point 4    is amended as follows :
                 "A.   Unemployment        New General Professional and Trade
                                            Association , Amsterdam".
8. Annex 4    is amended as follows :
   (a)    In section 3 of heading " A. Belgium":
         (i)     the text of the first four lines in the right-hard column of point
                 (a)  is replaced by the following :
 ---pagebreak---                                                       44
 -Office national des pensions , Bruxelles - Rijkedienst voor pensionen, Brussel-
(National Pension Office , Brussels )"
 ( ii ) the text of the right-hand column of point (b) is replaced by the
 following :
 -Office national des pensions , Bruxelles - Rijkedienst voor pensioenen,
 Brussel - National Pension Office , Brussels )"
 (b) Under heading "B. Denmark ", the text in the right-hand column of section 8 is
 replaced by the following :
 "Di rektoratet for Arbejdeløshedsforsikringen (National Office for Insurance against
 Unemployment ), Copenhagen "
 ( c ) Under heading " C. Germany ", the word "Bonn" in the right-hand column of point 2
 is replaced by the words "St. Augustin ".
 Annex 5 is amended as follows :
 (a) The following item is added under heading "7 . Belgium-Italy ":
 "(e ) The exchange of letters of 13 November 1985 and of 29 January 1986 concerning
 advance payments in respect of reciprocal claims under Article 93 of the Implementing
 Regulation ."
  ( b ) Under heading " 9 . Belgium-The Netherlands ", the text of point ( c ) is replaced
 by the following :
 "( c ) Agreement of 24 December 1980 on sickness insurance ( health care ), as amended ".
  ( c ) Under heading "26 . Germany-Italy " the text in point ( a ) is replaced by the
 following text :
 "(a ) Article 14 , Article 17(1 ), Articles 18 and 42 , Article 45(1 ) and Article 46 of the
 Administrative Arrangement of 6 December 1953 relating to the application of the
 agreement of 5 May 1953 ( payment of pensions )."
  (d ) The text of heading "41 . France-Italy" is amended as follows :
  ( i ) the present text becomes point ( a )
  ( ii ) the following point ( b ) is added :
  "(b) Exchange of letters of 14 February and 18 March 1986 concerning advance payments
  in respect of reciprocal claims under Article 93 of the Implementing Regulation ."
  (e ) Heading " 54 . Ireland-The Netherlands " is amended as follows :
  ( i ) the present text becomes point ( a )
  ( ii ) the following point ( b) is added :
  "(b) Exchange of letters of 22 April and 27 July 1987 concerning Article 70(3) of the
  Regulation (waiving of costs of reimbursement in respect of benefits awarded in
  application of Article 69 of the Regulation ) and Article 105(2) of the Implementing
  Regulation (waiving of the reimbursement of the costs of administrative checks and
  medical examinations referred to in Article 105 of the Implementing Regulation )."
 ---pagebreak---                                                              45
     <f>  Heading "64 . Netherlands - Portugal " is amended as follows :
          ( i ) the present text becomes point ( a )                       '
          ( ii ) the following point (n ) is added :
                 "The agreement bf 11 December 1987 concerning the reimbursement of benefits
                    in kind in the case of sickness and maternity ."
(g )                          Under heading "65 . Netherlands-United Kingdom ":
                       ( i ) point ( c ) is deleted
                     ( ii ) point ( d ) becomes point ( c )
                   ( iii ) the following point is added :
                              "( d ) The exchange of letters of 25 April and 26 May 1986 concerning
                              Article 36(3 ) of the Regulation ( reimbursement or waiving of reimburse ¬
                             ment of the costs of benefits in kind )."
         10 .     Annex 6 is amended as follows :
                  Under heading " C. Germany ":
                  (i)        the text of point ( a ) in section 1 is replaced by the following :
                             "( a )  Dealings with Belgium , Denmark , Spain , Greece , France , Ireland ,
                                     Italy , Luxembourg , Portugal and the United Kingdom :
                                     direct payment ".
                  ( ii )     the text of point ( b ) is deleted
                 ( iii ) point ( c ) becomes point ( b ).
         11 .    Annex 10 is amended as follows :
                 (a)         Under heading " B. Denmark ", the text in the right-hand column of points 5 ,
                             6(b ) and 7(b ) is replaced by the following :
                            " Direktoratet for Arbejdsløshedsforsikringen ( National Office for In ¬
                             surance against Unemployment ) , Copenhagen "
                 (b)         Under heading " C. Germany ", the word "Bonn" at the end of the text inpoints
                            8(a ) and 9(b)(ii ) is replaced by the words "St. Augustin ".
                 (c )        Under heading " E. France ", the words "minist^re de l 'Agri cu Iture ( Ministry
                            of Agriculture ), Paris " in point 5(ii ) are replaced by the
                            f ol lowing :
                            " Direction Régionale de l' Agriculture et de la Forêt ( Régional Direct -
                            orate of Agriculture and Forestry ) - Service régional de l' Inspection du
                            Travail , de l' Emploi et de      la Politique Sociale Agricoles     ( Régional
                            Department of Inspection of Labour , Employment and Agricuitural Social
                            Policy ), Paris ."
 ---pagebreak---                                                  46
     (d )   Under heading " I. Luxembourg "
            (i)      The text of point ( b ) in point 7 is replaced by the
            following :
            " Family benefits                 Caisse nationale des prestations
                                              familiales ( National Family Benefits
                                              Fund ), Luxembourg ’!
            ( ii )   The text of (d ) in point 8 in the right-hand column is
                     replaced by the following :
            " Caisse nationale des prestations familiales ( National Family Benefits
            Fund ), Luxembourg ".
     (e)    Under heading "J . Netherlands ", the words " Articles 11(1 ), 11a(1 )" in the
            first and second lines of the left-hand column            are  replaced by the
            following :    "Articles 11(1 ) and ( 2 ), lla(l ) and ( 2 )".
12 . Annex 11      is amended as follows :
       ( i) heading " E. France " is deleted
     ( ii ) headings F , G , H, I , J , K and L become E, F , G , H , I , J and K
            respectively .
 ---pagebreak---                                                       47
  Artide 3
                                                                /
  1.     This Regulation shall enter into force on the day of its publication in the
 Official Journal of the European Communities .
 2.     Article 1(1 ) shall apply with effect from 1 December 1987.
 3.     Article 1(2 ) shall apply with effect from 1 January 1984 .
 4.     Article 1(11 ) shall apply with effect from 22 October 1587 .
 5.     Article l(12)(b ) shall apply with effect from 1 July 1982 .
 6.    Article l(12)(d)(i ) shall apply with effect from 1 April 1986 .
 7.    Article l(12)(d)(ii ) shall apply with effect from 1 April 1985 .
8.     Article 2(6)(a ), ( 7 ) ( a ) and ( 8)(a ) shall apply with effect froml April 1987 .
9.     Article 2(6)(d ), ( 7)(d ) and ( 11 ) (d ) shall apply with effect from 1 January
1987 .
10 .   Article 2(6)(e)(i ), (. i i 1 1 1 and ( 7)(e ) shall apply with effect from 1 January
1987 .
11 . Article 2(9)(a ), (b ), ( d ), (e ), ( f ) and ( g ) shall apply with effect from the
date of entry into force of the agreements included therein .
12 .   Article 2(9 ) ( c ) and ( 10 ) shall apply with effect from 1 September 1988 .
13 .   Article 2(11 )(e ) shall apply with effect from 1 January 1988 .
           *  •
       This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at                                                                For the Counci l
                                                                        The President