CELEX: 51986PC0166
Language: en
Date: 1986-04-08
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

30.4.86                                       Official Journal of the European Communities                                              No C 103/5
                2.     Food products prepackaged in pre-established quantities in the ranges of quantities
                referred to under point 1, shall be exempted from the obligation to indicate the unit price.
                3.     The Council will, within five years of the adoption of this Directive, if necessary, revise
                the ranges of quantities listed in Article 8 with a view to their simplification, on a proposal by
                the Commission.
                Article 9a
                During a five-year period to run from the date of adoption of this Directive, the Member
                States may, as a temporary measure, exempt the prepackaged products in pre-established
                quantities listed in Annex I in so far as they form part of ranges of quantities established at
                national level. The Member States shall communicate the ranges of quantities so exempted to
                the Commission; they shall be published at the initiative of the Commission.
                At the request of a Member State the Council may, exceptionally, decide to exempt on a
                permanent basis quantities established by national ranges and not included in the ranges stan-
                dardized at Community level where such quantities are in widespread use in the Member State
                concerned.
                Article 10
                Add the following indent:
                — the products are not covered by Community measures concerning the standardization of
                     ranges of quantities.
                Proposal for a Council Regulation amending Regulation (EEC) No 1408/71 on the application
                of social security schemes to employed persons, to self-employed persons and to members of
                their families moving within the Community and Regulation (EEC) No 574/72 laying down the
                                       procedure for implementing Regulation (EEC) No 1408/71
                                                            COM(86) 166 final
                                     (Submitted by the Commission to the Council on 15 April 1986)
                                                              (86/C 103/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 W h e r e a s it is laid d o w n in Article 14c (1) (a) of R e g u -
                                                                         lation ( E E C ) N o 1 4 0 8 / 7 1 t h a t a p e r s o n w h o is employed
Having regard to the Treaty establishing the European                    simultaneously in the territory of o n e M e m b e r State and
Economic Community, and in particular Articles 51 and                    self-employed in the territory of a n o t h e r M e m b e r State
235 thereof,                                                             shall be subject to the legislation of the M e m b e r State in
                                                                         the territory of w h i c h he is e n g a g e d in paid e m p l o y m e n t ;
Having regard to the proposal submitted by the                           whereas in Article 14c (1) (b) it is laid d o w n t h a t in the
Commission          after    consulting     the     Administrative       instances referred to in A n n e x V I I , a person shall be
Commission on Social Security for Migrant Workers,                       entitled to be affiliated in each of the M e m b e r States in
                                                                         question as regards the activities carried o u t on their
Having regard to the opinion of the European Par-
                                                                         territory;
liament,
                                                                         W h e r e a s Article 14c does n o t regulate those cases which
Having regard to the opinion of the Economic and                         have o c c u r r e d in practice w h e r e m o r e t h a n t w o activities
Social Committee,                                                        in paid e m p l o y m e n t a n d in self-employment are carried
                                                                         o u t in the territory of t w o or m o r e M e m b e r States;
Whereas it is necessary to amend Council Regulations
                                                                         w h e r e a s measures should be t a k e n t o r e m e d y this
(EEC) No 1408/71 (') and (EEC) No 574/72 (2) as last
                                                                         situation by m a k i n g an addition to Article 14c;
amended by Regulation (EEC) No 1660/85 (3) and
Commission Regulation (EEC) No 513/86 (4);                               W h e r e a s it is necessary to d e t e r m i n e the m e t h o d of
                                                                         implementation of the present Article 14c (1) (b) in
                                                                         a c c o r d a n c e with p a r a g r a p h 2 of t h a t Article a n d the
O O J N o L 149, 5. 7. 1971, p. 2.                                       m e t h o d of implementation required to regulate the
(2) O J N o L 7 4 , 27. 3. 1972, p. 1.                                   pursuance of m o r e t h a n t w o instances of paid
(3) OJ No L 160, 20. 6. 1985, p. 1.                                      e m p l o y m e n t and self-employment in the territory of
(4) O J N o L 5 1 , 28.2. 1986, p. 44.                                   different M e m b e r States;
 ---pagebreak--- No C 103/6                                 Official Journal of the European Communities                                      30. 4. 86
Whereas it is necessary to amend Regulation (EEC) N o                                              Article 2
574/72 in order to fix the method of implementing
Article 14c thus supplemented;                                        Regulation (EEC) N o 574/72 is hereby amended as
                                                                      follows:
HAS ADOPTED THIS REGULATION:
                                                                      1. The following paragraph 3 is added to Article 8:
                             Article 1
                                                                          '3.      In the cases referred to in Article 14c (b) of the
Regulation (EEC) No 1408/71 is hereby amended as                          Regulation, where the person in question or a
follows:                                                                  member of his family is entitled to claim benefits in
                                                                          kind in respect of sickness or maternity under the two
1. Article 14c is replaced by the following:                              legislations in question, the following rules shall be
     'Article 14c                                                         applicabe:
    Special rules applicable to persons who are simul-
                                                                          (a) where at least one of those legislations stipulates
    taneously employed in the territory of one Member
                                                                                that the benefits shall be awarded in the form of a
    State and self-employed in the territory of another
                                                                                reimbursement to the person entitled to benefit,
    Member State
                                                                                this shall be the exclusive responsibility of the
    A person who is simultaneously employed in the                              institution of the Member State in whose territory
    territory of one Member State and self-employed in                          they have been awarded;
    the territory of another Member State shall be
    subject:                                                              (b) if the benefits have been awarded in the territory
                                                                                of a Member State other than the two Member
    (a) subject to subparagraph (b), to the legislation of                      States in question, they shall be the exclusive
          the Member State in the territory of which he is                      responsibility of the institution of the Member
          engaged in paid employment or, where he pursues                       State to whose legislation the person in question is
          such an activity in the territory of two or more                      subject by virtue of his paid employment.'
          Member States, to the legislation determined in
          accordance with Article 14 (2) or (3);
                                                                       2. The following paragraph 3 is added to Article 9:
    (b) in the cases mentioned in Annex VII,
          — to the legislation of the Member State in the                  '3.     By way of derogation from paragraphs 1 and 2
               territory of which he is engaged in paid                    in the instances referred to in Article 14c (b) of the
               employment, that legislation having been                    Regulation, entitlement to death grants acquired
               determined in accordance with the provisions                under the legislation of each of the two Member
               of Article 14 (2) or (3), where he pursues such             States concerned referred to in Annex VII shall be
               an activity in the territory of two or more                 retained.'
               Member States, and
          — to the legislation of the Member State in the              3. Article 12a is amended as follows:
               territory of which he is self-employed, that
               legislation   having been       determined     in
               accordance with the provisions of Article 14a               (a) '(1) (a)' after '14c' in the title and the intro-
               (2), (3) or (4), where he pursues such an                         ductory sentence is deleted;
               activity in the territory of two or more
               Member States.'                                              (b) in paragraph 7 (a), '(1)' after 'Article 14c' is
                                                                                 deleted;
 2. Article 14d is amended as follows:
                                                                            (c) the following paragraph 8 is added:
      (a) in paragraph      (1), '(1)' after   'Article  14c' is
           deleted;
                                                                                 '8.    Where, in accordance with the provisions of
      (b) the following paragraph is inserted:                                   Article 14c (b) of the Regulation, a person who is
                                                                                 simultaneously employed in the territory of one
           '2.    The person referred to in Article 14c (b)
                                                                                 Member State and self-employed in the territory
           shall be treated, for the purposes of determining
                                                                                 of another Member State is subject to the
           the rates of contributions to be charged to self-
                                                                                 legislation of two Member States, the provisions
           employed workers under the legislation of the
                                                                                 of paragraphs 1, 2, 3 and 4 shall be applicable in
           Member State in whose territory he is self-
                                                                                 respect of paid employment, and the provisions of
           employed, as if he pursued his paid employment
                                                                                 paragraphs 1, 2, 3, 5 and 6 shall be applicable
           in the territory of the Member State concerned.'
                                                                                  mutatis mutandis in respect of self-employment.
      (c) The present paragraph 2 becomes paragraph 3.                           The institutions designated by the competent
                                                                                 authorities of the two Member States, whose
 3. In the title of Annex VII, '(1)' after the words 'Article                    legislation is determined to be applicable, shall
      14c' is deleted.                                                           inform each other accordingly.'
 ---pagebreak--- 30. 4. 86                                Official Journal of the European Communities                              No C 103/7
4. At the end of Article 15 (1) a, the semicolon is                 2.    A claim for invalidity, old-age or survivor's benefits
   replaced by a full stop and the following sentence is            submitted to an institution of a Member State from the
   added:                                                           date of entry into force of this Regulation shall auto-
                                                                    matically necessitate the reassessment, in accordance
   'Nevertheless, in the cases referred to in Article 14c           with the provisions of Regulation (EEC) No 1408/71, of
   (b) of the Regulation, the abovementioned institutions           the benefits which have been awarded for the same
   shall likewise take account of the periods of insurance          contingency prior to that date by the institution or
   or of residence completed under an obligatory                    institutions of one or more of the other Member States,
   insurance scheme under the legislation of the two                without prejudice to the provisions of Article 3.
   Member States in question which overlap each other;'
                                                                    3.    The rights of the persons concerned which were
5. In the first subparagraph of Article 46 (1), the words
                                                                    determined prior to the date of entry into force of this
   'Article 15 (1) b, (c) and (d)' are replaced by the
                                                                    Regulation in the territory of the Member State in
   words 'Article 15 (1) (a), last sentence, (b), (c) and
                                                                    question may be revised at their request in the light of
   (d)\
                                                                    the provisions of this Regulation.
                          Article 3                                 4.    If the request referred to in paragraph 3 is
This Regulation shall not prejudice rights acquired                 submitted within one year following the date of entry
before it entered into force by virtue of Regulations               into force of this Regulation, entitlement to rights under
(EEC) No 1408/71 and (EEC) No 574/72.                               this Regulation shall be acquired from 1 January 1986 or
                                                                    from the date of the entitlement to pension where the
                          Article 4                                 last-mentioned date is subsequent to that date; in such
                                                                    case the provisions of the legislation of any Member
         Transitional provisions relating to pensions               State with regard to the withdrawal or limitation of
                                                                    rights may not be relied upon as against the persons
1.    Where the date on which the contingency arises                concerned.
precedes the date of entry into force of this Regulation,
and where the claim for pension has not yet resulted in             5.    If the request referred to in paragraph 3 is
an award before that date, such claim shall, in as much             submitted after expiry of the period of one year
as benefits must be granted, pursuant to such                       following the date of entry into force of this Regulation,
contingency, for a period prior to the last-mentioned               entitlement to rights acquired under this Regulation
date, give rise to a double award:                                  which have not been withdrawn or in respect of which
                                                                    the period of limitation has not been exceeded shall be
(a) for the period prior to the entry into force of this
                                                                    acquired from the date on which the request is
     Regulation, in accordance with the provisions of
                                                                    submitted, unless more favourable provisions of the
     Regulation (EEC) No 1408/71 or of agreements in
                                                                    legislation of any of the Member States are applicable.
     force between the Member States concerned;
(b) for the period commencing on the date of entry into                                        Article 5
     force of this Regulation, in accordance with the
     provisions of Regulation (EEC) No 1408/71.                     This Regulation shall enter into force on the day of its
                                                                    publication in the Official Journal of the European
If, however, the amount calculated pursuant to the                   Communities.
provisions referred to under (a) is greater than that
calculated pursuant to the provisions referred to under             It shall apply with effect from 1 January 1986.
(b), the person concerned shall continue to be entitled to
the amount calculated pursuant to the provisions referred           This Regulation shall be binding in its entirety and
to under (a).                                                       directly applicable in all Member States.