CELEX: 51991PC0528
Language: en
Date: 1991-12-13
Title: Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) N° 1408/71 or the application of social security schemes to employed persons, to self­employed persons and to members of their families moving within the Community and Regulation ( EEC ) N° 574/72 laying down the procedure for implementing Regulation ( EEC ) N° 1408/71

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         C0M(91) 528 final
                                         Brussels, 13 December 1991
                               Proposal for a
                         COUNCIL REGULATION (EEC)
                   amending Regulation (EEC) N° 1408/71
   or. 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) N° 574/72 laying down
        the procedure for implementing Regulation (EEC) N° 1408/71
                      (presented by the Commission)
 ---pagebreak---                                                - 2 -
                               EXPLANATORY MEMORANDUM
 of the Proposal for a Regulation (EEC) of the Council amending
  Regulation (EEC) N* 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)
  N* 574/2 laying down the procedure for implementing Regulation (EEC)
  N* 1408/71
  I.     BACKGROUND
         Article 51 of the EEC Treaty makes it Incumbent on the Council
         to adopt such measures in the field of social security as are
         necessary to provide freedom of movement for workers by
         establishing a system encompassing
         - aggregation of periods of insurance, employment or residence;
         - payment of benefits throughout the territory of the Community.
       On this basis and in conjunction with Articles 2 and 7 of the Treaty,
       Council Regulations Nos 3 and 4 on social security for migrant workers
                                                                           i
       were adopted, subsequently replaced by Regulations (EEC) No 1408/71
       and (EEC) N° 574/72 2 .
(1)  Council Regulation (EEC) N* 1408/71 of 14 June 1971 on the application
     of social security schemes to employed persons, to self-employed persons
     and to members of their families moving within the Community (0J L 149
     of 5 July 1971)
(2)   Council Regulation (EEC) N° 574/72 of 21 March 1972 laying down the
     procedure for implementing Regulation (EEC) N* 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
 ---pagebreak---                                       - 3 -
       The scope of these two Regulations was subsequently extended to
       self-employed persons on the basis of Articles 2, 7, 51 and 235 of
       the Treaty .
       The recourse to the aforementioned Article 235 was due to the fact
       that there were no provisions in the Treaty making it possible for
       the Council to adopt coordinating rules for social security in
       respect of this category of workers although there was felt to be
       a need for taking action in this domain.  However, certain
       particular rules on unemployment and family benefits continued to
       be non-applicable to self-employed persons.
    The Treaty does not make provision for removing the obstacles inherent
    in social security to the establishment of freedom of movement for
    persons who are not workers or members of their families.
    Coordination of social security schemes covering these persons is
    therefore indispensable in the context of the social dimension of the
    internal market and a People's Europe.
    The European Single Act provides, in Article 8a designed to supplement
    the provisions of the Treaty, for the establishment of an internal market
    comprising an area without internal frontiers within which the free
    movement of persons is guaranteed.
(3)   Council Regulation (EEC) N° 1390/81 of 12 May 1981 extending to
      self-employed persons and members of their families Regulation
      (EEC) N* 1408/71 on the application of social security schemes to
      employed persons and their families moving within the Community;
      Council Regulation (EEC) N° 3795/81 of 8 December 1981 extending to
      self-employed persons and members of their families Regulation
      (EEC) N° 574/72
 ---pagebreak---                                 - 4 -
Three Directive    of 1990 (4) based on the aforementioned Article 8 A
make provision for a generalized right of stay for all Community
nationals within the territory of the Member States.
 The Community Charter of Basic Social Rights for Workers has strengthened
  these principles by stressing the right to social protection.
 The Commission's work programme for 1991 expressly provides for the
 extension of Regulations Nos 1408/71 and 574/72 on social security.
  In the light of the new context within which the coordinating rules
  must be placed, this extension should go in two directions:
       it should include special schemes for civil servants, currently
       excluded from the scope of the Regulations pursuant to Article 4(4)
       of Regulation (EEC) N° 1408/71;
       it should enable coordination of schemes applicable to all persons
       not yet covered by the Regulations in so far as they are insured
       in a Member State.
        In-depth discussions concerning, in particular, the characteristics
       of special schemes for civil servants and the specific
        position of students have been held within the Administrative
        Commission on Social Security for Migrant Workers. The aim has been to
        extend the provisions of Regulations (EEC) Nos 1408/71 and 574/72
        to all insured persons.
 (4) Council Directive N* 90/365/EEC of 28 June 1990 on the right of residence,
      for employees and self-employed persons who have ceased their occupational
      activity (0J N* L 180 of 13 July 1990). Council Directive N" 90/364/EEC of
      28 June 1990 on the right of residence (0J N* L 180 of 13 July 1990). Council
      Directive N* 90/366/EEC of 28 June 1990 on the right of residence for
      students (0J N* L 180 of 13 July 1990).
 ---pagebreak---                                   - 5 -
     On the basis of these deliberations the Commission has drawn up this
     proposal for a Regulation.
 II. LEGAL BASIS
     The attached proposal for a Regulation is designed to adapt certain
     provisions of Regulations Nos 1408/71 and 574/72 to make thea
     applicable to all insured persons.
      Consequently, it is based on the same provisions of the Treaty
      as those on the basis of which these Regulations were adopted,
      namely Articles 2, 7, 51 and 235 of the Treaty, as it appears
      necessary to take action in the field of social security in order
      to attain the Community objective to establish freedom of movement
      for persons and since the Treaty does not make provision for the
      necessary powers.
III.  GENERAL REMARKS
      The general objective being to extend the Regulations applicable to
      employed and self-employed persons to all insured persons, the
      proposal changes none of   the rules currently in force for workers
      and members of their families but seeks to supplement these
      provisions.
     For reasons of equity and simplification it is proposed to apply,
     wherever   possible, to persons not yet covered the same, or analogous,
     rules as those provided for for employed and self-employed persons
     and members of their families.
     The proposal is therefore to extend the Community coordinating
     rules to all insured persons, in particular to students and
     non-employed persons.
 ---pagebreak---                              - 6 -
Provision is therefore , made for these persons to benefit from the
following:
(a)    equality of treatment with nationals under the domestic
       legislation of the Member States;
(b)    determination of the legislation applicable, except for
       students whose position, both provisional and basically
       variable, makes it possible only to provide for special rules
       on the grant of benefits;
 (c)   aggregation of insurance, employment or residence periods for
       the acquisition of the right to benefits;
(d)    application, by analogy, of special rules on the grant of
       benefits, where possible;
(e)    export of invalidity, old age and"survivors' pensions and
       pensions for accidents at work throughout Community territory,
       subject to certain conditions and exceptions.
The title of the Regulations has been amended in that the reference
 to employed and self-employed persons ana members of their
families has been replaced by a reference to "persons".
The proposal provides for the inclusion of special schemes for
civil servants and persons treated as such and of non-employed persons,
With regard to special schemes for civil servants and persons
treated as such, from a strictly legal standpoint, the Commission
has taken account of the case law of the Court of Justice
concerning Article 48(4) of the Treaty.
In line with this case law the Commission has taken the view that
in principle all special schemes for civil servants should be
included in the scope of the Regulations, except in the case of
participation in pubkic authority.
The Commission, conscious of the problems inherent in this approach,
 is however prepared to make any adaptations necessary at
 administrative level and in the same context to examine in depth
 all the components for solutions that would be submitted to it.
 ---pagebreak---                            - 7 -
     The Chapter on unemployment has been extended in its entirety to
     self-employed persons and also to school-leavers looking for work.
     The general, miscellaneous, transitional and final provisions of
     the Regulations have likewise been extended to all persons
     covered.
IV.  SPECIFIC REMARKS
     Article 1
     Amendments to Regulation (EEC) N° 1408/71
1.   Amendment of the title of the Regulation.
     The amendment proposed takes account of the fact coordination
     is extended to all insured persons and no longer only to workers
     and members of their families.
2.   Addition of a subparagraph (c)(a) and amendment of subparagraph
      (j) of Article 1.
    The new subparagraph (c)(a) gives a definition of "student".   It
    expressly excludes students who are also workers or members of a
    worker's family.   This definition helps to clearly delimit this
    important new category of persons covered.
    The amended subparagraph (j) refers to the new Article 4(2)(a)
    provided for in the proposal:   the aim is to extend the definition
    of "legislation" to legislations concerning special schemes for
    civil servants and persons treated as such.
 ---pagebreak---                                   - 8 -
3.  Amendment of Article 2
    The scope of the Regulation should henceforth comprise
    -   employed and self-employed persons, civil servants and persons
        treated as such, students, and members of their families and
        their survivors (paragraphs 1 and 2 ) ;
     -  pensioners and the other categories hereinafter referred to
        as "non-employed persons" (paragraph 3 ) .
     This is a fundamental amendment in that it enables an extension of the
     applicability of the provisions of the Regulation to all persons
     insured in a Member State.   The new categories thus covered are
     students, members of their families and their survivors, and
     non-employed persons who are neither members of a worker's or a
     student's family nor pensioners.   Also covered are members of
     civil servants' families, who were not previously covered.
 4.  Introduction of paragraph 2(a) and amendment of paragraph 4 of
     Article 4.
    Paragraph 2(a) is intended to supplement the general provision of
    paragraph 2.   It provides that special schemes for civil servants
    and persons treated as such and special schemes covering the
    non-employed are included in the Regulation, account being taken,
    where appropriate, of certain rules of application and certain
    exceptions that must be specified in the Annexes.
    Some of these schemes have specific features that make the
    straightforward application of the coordinating rules difficult.
    The Commission does not exclude the possibility of revising the
    provisions relating to special schemes for civil servants and persons
    treated as such in order to take account of the special features of
    national legislation^ in observance of Community law.
    The reference in Article 4(4) to special schemes for civil
    servants and persons treated as such, previously excluded under
    this provision, has been deleted.
 ---pagebreak---                                 - 9-
5. Amendment of Article 10(2)
   Since this provision should concern all insured persons.,the words
   "as an employed or self-employed person" should be deleted.
6. Amendment of Article 13(2)(f)
   The new wording of this provision, broader than the old wording,
   encompasses the situation provided for in subparagraph (f) currently
   in force, namely the situation in which the person concerned ceases
    to be subject to a legislation without another legislation becoming
   applicable to him.   It covers the category of non-employed persons
    in its entirety, including pensioners, subject in principle to the
    legislation of the country of residence.   It was deemed that the
    concept of residence could not apply to students, whose position
   is extremely changeable.   Students are therefore expressly excluded,
   with the consequence that no Community rule makes provision for
   determining the legislation applicable to them.    However, students
   are entitled to receive benefits in accordance with the special
   rules laid down in the following provisions of the Regulation.
7. Amendment of Article 22(3)
   A sentence has been added between the first and second existing ones
   in order to enable members of workers* families studying in a
   Member State other than the one where they are insured to receive
   in all cases medical treatment in the territory of the Member State
   where they are studying, even if such treatment is not immediately
   required.
8. Amendment of Article 25(1) and (2)
   A sentence has been added at the end of paragraph 1 to extend
   coverage to persons newly registered as looking for employment,
   a category covered by the new Article    71b, who go to a Member State
   other than the competent State in "search of employment.
 ---pagebreak---                                 - 10 -
    Paragraph 2, like Article 71(1)(a)(ii) and the first sentence of
    (b)(ii) to which it refers, is extended to self-employed persons.
9.  Addition of a Section 5a to Chapter 1 of Title III
    This new section lays down special rules for the grant of sickness
    and maternity benefits to persons subject to a special scheme for
    civil servants and persons treated as such, students and
    non-employed persons.
10. Introduction of a new Article 34a
    This new Article is intended to ëpply by analogy all the provisions
    of the Chapter on Sickness and Maternity to persons subject to a
    special scheme for civil servants and persons treated as such.
11. Introduction of a new Article 34b
    This new Article provides for the application by analogy to students
    and to members of their families of all the existing rules likely to
    concern them (paragraph 1) and   specific provisions to cover cases
    in which a student is pursuing his studies or vocational training in
    a State other than the competent State where he is insured before
    his departure (paragraph 2 ) .
12. Introduction of a new Article 34c
    Under this new Article the existing rules likely to concern
    non-employed persons are made applicable to them by analogy.
13. Amendment of Article 35(3)
    This amendment extends this provision to all persons to whom the
     Regulation applies, replacing the reference to "employed or self-
     employed persons" and "members of their families" by "persons
     to whom this Regulation is applicable".
 ---pagebreak---                                      - 11 -
 14.   Addition of a Section 5 to Chapter 2 of Title III
       This section extends coverage by the provisions of the Chapter
       on Invalidity to persons subject to a special scheme for
       civil servants and persons treated as such, students and
       non-employed persons.
 15.   Introduction of a new Article 43a
       The provisions of the preceding sections of this Chapter are
       made applicable by analogy to persons subject to a special scheme
       for civil servants and persons treated as such (paragraph 1). This new
     Article further lays down specific rules for the taking into account of periods
     completed by these persons under a general or special scheme
     of another Member State (paragraphs 2 arr.d 3 ) , for which purpose it
     is necessary to determine under what conditions these periods must
     be taken into account for the acquisition of the right to benefits.
16.  Introduction of a new Article 43b
     The provisions of the preceding sections of the Chapter are made
     applicable by analogy to students and non-employed persons.
17.  Addition of a Section 1 "Employed and self-employed persons" and
     a Section 2 "Persons other than those referred to in Section 1"
     to Chapter 3 of Title III.
     Section 2 is designed to extend the provisions of
     Section 1 of the Chapter on "Old age and death (pensions)" to
     persons subject to a special scheme for civil servants and
     persons treated as such, to students and to non-employed persons.
18.   Introduction of a new Article 51a
      The provisions of Section 1 of the Chapter are made applicable by
      analogy to persons subject to a special scheme for civil servants and
      persons treated as such (paragraph 1). This new Article further lays down
      specific rules for the taking into account of periods completed
      by these persons under a general or special scheme (paragraphs
      2 and 3 ) .
 ---pagebreak---                                      - 12 -
19.   Introduction of a new Article 51b
      The preceding provisions of Section 1 are made applicable by
      analogy to students and non-employed persons.
  20.   Addition of a Section 5 to Chapter 4 to Title III
        This section is intended to extend the provisions of the Chapter on
        "Accidents at work and occupational diseases" to persons subject to
        a special scheme for civil servants and persons treated as such
        ard to students.   Non-employed persons are obviously not concerned
        by accidents at work and occupational diseases.   Students, however,
        may be so concerned in the course of vocational training.
  21.   Introduction of a new Article 63a
        The preceding provisions of the Chapter are made applicable by analogy
        to persons submitted to a special scheme for civil servants and
        persons treated as such.
  22.   Introduction of a new Article 63b
        The preceding provisions of the Chapter are made applicable by analogy
        to students.
  23.   Addition of a Section 1 on "Employed and self-employed persons" and
        a Section 2 "Persons other than those referred to in Section 1" to
        Chapter 5 of Title III.
        The new Section 2 extends applicability of the provisions of
        Section    1 of   the Chapter on "Death grants" to persons subject to
         a special scheme for civil servants and persons treated as such,
        to students and to non-employed persons.
  24.    Introduction of a new Article 66a
         The provisions of Section 1 of the Chapter are made applicable by
         analogy to persons subject to a special scheme for civil servants
         and persons treated as such.
 ---pagebreak---                                    - 13 -
25.  Introduction of a new Article 66b
     Section 1 of the Chapter is made applicable by analogy to students
     and non-employed persons.
26.  Amendment of paragraphs 1 to 4 of Article 67
     The provisions relating to unemployment are extended to self-employed
     persons.
27.  Amendment of Article 7 K 1 )
     This provision is extended to non-employed persons.
28.  Addition of a Section 4 to Chapter 6
      This new Section makes the provisions of the Chapter applicable on
      the one hand to persons subject to a special scheme for civil servants
      and persons treated as such and on the other hand to persons newly
      registered as seeking work.
 29.  Introduction of a new Article 71a
      The Chapter is made applicable by analogy to persons subject to a
      special scheme for civil servants and persons treated as such.
 30.  introduction of a new Article 71b
      The Chapter is made applicable by analogy to persons newly registered
      as seeking work within the limits of coordination, (i.e. in so far as
      the national legislation provides for unemployed benefits for this
      category of unemployed persons).    To the extent that benefits are
      provided for by the legislation of one or more Member States it is
       logical that these unemployed persons who have never worked should,
      in the framework of coordination extended to all persons, benefit
      from the same rules as unemployed workers.
 ---pagebreak---                                   - 14 -
31.  Amendment of Article 72
     This Article is amended to make provision also for the aggregation
     of residence periods for the acquisition of the right to family
     benefits for the persons concerned.
32.  Amendment of Article 72a
     Article 71(1) henceforth applies also to self-employed persons and
     this provision relating to family benefits, which refers to it,
     should therefore be amended   accordingly.
33.  Amendment of Article 74
     The words "An unemployed person who was formerly employed or
     self-employed" are replaced by "An unemployed person";   the fact
      is that the unemployed person may be one who has never worked
     before, i.e. if he has registered for the first time as seeking
     employment as referred to in Article 71b.
34.   Introduction of a new Article 76a
     The provisions of the Chapter on "Family benefits" are made
      applicable by analogy to persons subject to a special scheme
      for civil servants and persons treated as such.
35.   Introduction of a new Article 76b
      This new Article makes provision for the aggregation of periods
      for students and non-employed persons.  Moreover, Member States
      who so wish may still provide for the "export" of family benefits
      (i.e. the grant of these benefits in cases where the members of
      the family reside in the territory of a Member State other than
      the competent State) in their domestic legislation.
 36.  Introduction of a new Article 79a
      The appropriate provisions of Chapter 8 are made applicable by analogy
      to an orphan of a person subject to a special scheme for civil servants
      and persons treated as such in order to grant family benefits to this
       category.
 ---pagebreak---                                 - 15 -
,7  Amendment of the names of the Administrative Commission on Social Security
    for Migrant Workers and the Advisory Committee on Social Security for
    Migrant Workers
    This is because the new version relates not only to migrant workers
    but to all insured persons.    The new names are more closely in line with
    the responsibilities of these two bodies.
38. Introduction of a new Article 95a
    This new Article   lays down transitional provisions designed to protect
    the persons to whom the proposal relates and to prevent them from losing
    rights as a result of the entry into force of the Regulation.
39. Amendment of Annex II
    A section 3 is added to enable the Member States to specify their
    conditions for applying schemes to students.   A section 4 is added to
    enable the Member States to indicate the conditions for applying the
    schemes referred to in Article 4(2)(a) and, in some exceptional cases,
     to indicate their exclusion-
40. Amendment of Annex VI
     Under the heading "E. France" a provision is added specifying the
     recognized or contracted establishments referred to in Article 1(c)(a)
    of the Regulation, defining the term "student"..
      Under the heading "L. United Kingdom" a provision is added laying
      down the conditions under which a person may be regarded as a
      student since there are no recognized or contracted establishments
      in the United Kingdom and as consequently the definition of the
      term "student" laid down in Article 1(c)(a) of the Regulation cannot
      apply as it stands.
 ---pagebreak---                                    - 16 -
41. Addition of a new Annex X
    This Annex enables the Member States to specify the procedures for
    applying the provisions on pensions to non-employed persons.    The
    fact is that some benefits are closely linked with   residence in
    the national territory and would be difficult to export.
    Article 2
    Amendments to Regulation (EEC) N° 574/72
1.  Amendment of the title of Regulation (EEC) N* 574/72
    This amendment is necessary as the scope of the Regulation no longer
     covers only employed and self-employed persons .and members of their
     families but all insured persons.
2.  Article 4 of Regulation (EEC) N* 574/72
    This Article must be amended in order to specify the new provisions
    in Annex 3 relating to the determination of the institutions of the
    place of study or vocational training.
3.  Article 8 of Regulation (EEC) N* 574/72
    The words "employed or self-employed-person" and "members of their
     families" have been replaced by "the person concerned" in paragraphs
     1 and 2 as this more generic wording makes it possible, where
    necessary, to encompass other categories-    Paragraph 3,
     referring to Article 14c of Regulation (EEC) N' 1408/71, therefore
     exclusively concerns cases of the pursuit of an occupation, and
     does not need to be amended.
 4.  Article 8 a of Regulation (EEC) N° 574/72
     Here, again, a more general wording ("the person concerned") should
     make it possible to encompass all persons covered, in the case of
     overlapping of rights referred to in this provision.
 ---pagebreak---                                   - 17 -
   5. Article 10 of Regulation (EEC) N° 574/72
       The heading above this Article must be amended:    deletion of the
       words "employed or self-employed persons" makes it possible to apply
       this provision to all the other categories likely to be
       concerned.
   6.  Article 10a of Regulation (EEC) N° 574/72
       Since Chapter 7 on "Family benefits" of Regulation (EEC) N° 574/72
       has been extended to persons subject to a special scheme for civil
       servants and persons treated as such and, to some extent, to students
       and non-employed persons, it is logical that these categories of
       persons be covered in cases where they have been successively
       subject to the legislation of several Member States during the same
       period or part of a period.
  7.  Article 10b of Regulation (EEC) N* 574/72
        This Article has been deleted.   Its purpose was to implement
        Article 13(2)(f) of the Regulation determining the legislation
        applicable to persons ceasing to be subject to the legislation
        of a Member State.
        However, Article 13(2)(f) has been replaced by a new, wider
        provision encompassing the specific situation specified above,
        determining the legislation applicable to all non-employed persons.
      The latter are now subject to the legislation of the country of
      residence as soon as they cease to pursue an occupation.     This new
       rule does not require an implementing provision.
8.     Article 16 of Regulation (EEC) N* 574/72
       This Article must be adapted to take account of the new categories
       of persons covered by Regulation (EEC) N° 1408/71 as regards
       sickness and maternity.
 ---pagebreak---                                - 18 -
9.     Article 17 of Regulation (EEC) N° 574/72
       Since the provisions of Article 19 of Regulation (EEC) N° 1408/71
       are applicable by analogy to persons subject to a special scheme
       for civil servants and persons treated as such, this Article should
       be amended accordingly:   wherever the words "employed or
       self-employed persons" appear, the aforementioned should be expressly
       specified.
       A paragraph 10 is added to cover members of students' families to
       whom the provisions of Article 19(2) of Regulation (EEC) N* 1408/71
       are applicable by analogy and to cover students as referred to in
       Article 34b(2) of the Regulation.
10.    Article 18 of Regulation (EEC) N° 574/72
       Paragraph 1 is amended so as to extend this Article to persons subject
       to a special scheme for civil servants and persons treated as such.
       A paragraph 10 is added to cover students as referred to in
       Article 34b(2) of the Regulation.
 11.   Article 21 of Regulation (EEC) N° 574/72
       The proposed amendment covers the new categories of persons concerned
        (persons subject to a special scheme for civil servants and persons
        treated as such, students, and non-employed persons) in respect of
        sickness and maternity during a stay in a Member State other than
        the competent State.
   12.  Article 22 of Regulation (EEC) N° 574/72
        The proposed amendments are intended to  afford sickness and maternity
        protection (benefits in kind) for persons subject to a special scheme
        for civil servants and persons treated as such in the event of a
        transfer of residence or return to the country of residence,and for
        all the new categories of persons now covered   when they are
        authorized to go to another Member State for treatment.
 ---pagebreak---                             -19 -
13. Article 24 of Regulation (EEC) N' 574/72
    The proposed amendments enable the grant of cash sickness and maternity
    benefits to the new categories of persons now covered during a stay ir.
    a Member State other than the competent State.,
14. Article 25 of Regulation (EEC) N* 574/72
    This provision requires amendment to enable the taking ir.to account
    of members of the families of persons subject to a special scheme
    for civil servants and persons treated as such and members of
    students' families.
15. Article 35 of Regulation (EEC) N* 574/72
    This Article should be adapted to enable the submission of invalidity
    benefit claims by persons subject to a special scheme for civil
    servants and persons treated as such, by stuoents, and by non-employed
    persons.
16. Article 36 of Regulation (EEC) N* 574/72
    This Article should also be adapted to enable the submission of
    claims for old-age, survivors' and invalidity benefits as referred to
     in Chapter 3 of Regulation (EEC) N* 1408/71 by persons subject to
    a special scheme for civil servants and persons treated as such,
     by students and by non-employed persons.
17. Article 37 of Regulation (EEC) N* 574/72
    These amendments are necessary to ensure that the new categories of
    persons now covered provide the appropriate documents.
18. Article 39 of Regulation (EEC) N' 574/72
    This Article relates to the provisions of Chapter 2 of
    Regulation (EEC) N # 1408/71 and should therefore be adapted as
     a result of the inclusion of the new categories of persons in
     that Chapter.
 ---pagebreak---                                      - 20 -
 19.   Article 42 of Regulation (EEC) N° 574/72
        This amendment is necessary for the investigation of benefit claims lodged
        by persons in one of the new categories covered..
 20.    Article 43 of Regulation (EEC) N° 574/72
        This amendment is required to enable the institutions concerned
        to follow the appropriate procedure, including in cases where
        a claim is submitted by a person coming under one of the new
        categories.
 21.    Article 44 of Regulation (EEC) N° 574/72
      . This Article should be adapted to determine the institution
         responsible for taking the decision relating to the state of
         invalidity in the case of the new categories of persons now covered.
  22.   Article 50 of Regulation (EEC) N° 574/72
         This amendment enables the application, of measures expediting the
         award of benefits in the case of the new categories of persons.
23.   Article 60 of Regulation (EEC) N° 574/72
      The proposed amendments are intended to provide for the procedure
      to be followed for the grant of benefits in kind for accidents at
      work and occupational diseases where the person subject to a
      special scheme for civil servants and persons treated as such or
      the student concerned resides in a Member State other than the
      competent State.    In this connection it: should be noted that it
      becomes possible to determine the country of residence of a student
      when he sustains an accident at work or contracts an occupational
      disease immobilizing him in the territory of a Member State.
      This observation is valid both for the corresponding provisions of
      Regulation (EEC) N° 1408/71 and for the following provisions of the
       implementing Regulation.
 ---pagebreak---                                     - 21
24.   Article 61 of Regulation (EEC) N° 574/72
      The aim of the proposed amendments is to make provision for the
      procedure to be followed for the grant of cash benefits for accidents
      at work and occupational diseases where the person  subject to a special
      scheme for civil servants and persons treated as such or the student
      resides in a Member State other than the competent State.
25.   Article 63 of Regulation (EEC) N° 574/72
      This Article should be adapted to provide for procedures for the grant
      of cash benefits for accidents at work and occupational diseases where
       the person subject to a special scheme for civil servants and persons
       treated as such or the student transfers his residence or returns to the
       country of residence or is authorized to go to another Member State for
       treatment.
  26.   Article 64 of Regulation (EEC) N° 574/72
         This Article should also be adapted to provide for procedures for the
         grant of cash benefits for accidents at work and occupational diseases
         other than pensions where the person subject to a special scheme for
         civil servants and persons treated as such or the student stays in a
         Member State other than the competent State.
  27.    Article 66 of Regulation (EEC) N° 574/72
         The proposed amendment is necessary to extend coverage by this Article
         on disputes concerning the occupational nature of an accident or disease
         to persons subject to a special scheme for civil servants and persons
         treated as such and to students.
 ---pagebreak---                                 - 22 -
 28.   Amendment of the title of Chapter 5 on death grants
       Reference is now made to Articles 66a and 66b of Regulation (EEC)
       N° 1408/71 which cover all the new categories now included (persons
       subject.to a special scheme for civil servants and persons treated as
       such,, students, and non-employed persons).
 29.   Article 80 of Regulation (EEC) N° 574/72
       This Article should be adapted to extend coverage of its provisions on
       unemployment to self-employed persons and persons subject to a special
       scheme for civil servants and persons treated as such and, where
       appropriate, to persons newly registered as looking for work.
30.  Article 84 of Regulation (EEC) N° 574/72
     The procedure for granting unemployment benefits should be extended
     to self-employed persons and persons subject to a special scheme
     for civil servants and persons treated as such who during their last
     employment resided in a Member State other than the competent State.
31.  Article 85 of Regulation (EEC) N° 574/72
     The formalities for granting family benefits should also cover
     self-employed persons (as a result of the adoption of Regulation
      (EEC) N° 3427/89), persons subject to a special scheme for civil
     servants and persons treated as such, and to a certain extent
     non-employed persons and students.
32.  Article 86 of Regulation (EEC) N° 574/72
     The formalities laid down for the grant of family benefits where the
      children   reside in a Member State other than the competent State should
     be extended to self-employed persons and to persons subject to a
      special scheme for civil servants and persons treated as such.
 ---pagebreak---                                    - 23 -
33.  Article 88 of Regulation (EEC) N° 574/72
     This Article refers to Article 74 which has been amended.       Account
     must therefore be taken of this amendment by using the words
     "unemployed person"   instead of "unemployed person who was formerly
     employed or self-employed".
34.  Amendment of the title above Article 90 of Regulation
      (EEC) N° 574/72
     A reference to the new Article 79a of Regulation (EEC) N° 1408/71
      should be added.
 35.   Article 90 of Regulation (EEC) N° 574/72
       This Article should be revised to enable claimants to fulfil the
       necessary formalities when claiming family benefits for orphans
       of persons subject to a special scheme for civil servants and person
       treated as such.
 36.   Article 91 of Regulation (EEC) N° 574/72
       Similarly, the application of these provisions should for the
       payment of benefits logically be extended to orphans of
       persons subject to a special scheme for civil servants and persons
       treated as such.
 37.   Article 92 of Regulation (EEC) N° 574/72
       Any change in the situation that is likely to alter the entitlement to
       family benefits of orphans of persons subject to a special scheme for
       civil servants and persons treated as such should be notified under
       the same conditions as for orphans of persons already covered.
 38.   Article 94 of Regulation (EEC) N° 574/72
       This amendment enables refunds between institutions of the cost of sickness and
       maternity benefits in kind where members of the families of persons
       subject to a special scheme for civil servants and persons treated as
       such or members of students' families reside ina Member State other
        than the person concerned.
 ---pagebreak---                            - 24 -
39. Amendment of Annex 3 to Regulation (EEC) N° 574/72
    In order to cover cases of students studying in a Member State other
    than the competent State, Annex 3 should, in addition to the institutions
    of the place of residence and stay, list the institutions of the place
    where the person concerned is studying or pursuing vocational training.
 ---pagebreak---  ---pagebreak---                                   - 25 -
                                Proposal for a
                           COUNCIL REGULATION (EEC)
                     amending Regulation (EEC) N° 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) N" 574/72 laying down
          the procedure for implementing Regulation (EEC) N° 1408/71
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 2, 7, 51 and 235 thereof;
Having regard to the Community Charter    of Basic Social Rights
for Workers;
                                                    (1)
Having regard to the proposal from the Commission       , drawn up after
consultation with the Administrative Commission on Social Security for
Migrant Workers;
Having regard to the opinion of the European Parliament (2);
 (1)   OJ N° C
(2)   OJ N° C
 ---pagebreak---                                - 26 -
Having regard to the opinion of the Economic and Social Committee    ;
Whereas Article 3(c) of the Treaty lays down that the activities of the
Community shall include, as provided in the Treaty, the abolition, as
between Member States, of obstacles to freedom of movement for persons;
Whereas Article 8a of the Treaty provides that the internal market shall
be established by 31 December 1992; that the internal market shall comprise
an area without internal frontiers in which the free movement of goods, persons,
services and capital is ensured in accordance with the provisions of the
Treaty;
Whereas with a view to establishing the free movement of employed and
self-employed persons and removing the obstacles that would in the field
of social security resultfrom the application of national legislations only,
the Council, on the basis of Articles 2, 7, 51 and 235 of the Treaty, has
adopted Regulation (EEC) N° 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) N 8 574/72
 laying down the procedure for implementing Regulation (EEC) N" 1408/71,
                                                (4)
as last amended by Regulation (EEC) N° 2195/91 , introducing rules for
 coordinating social security schemes applicable to employed and
 self-employed persons;
 Whereas the free movement of persons, which is one of the foundations of the
  Community, is not confined to employed and self-employed persons but should
  concern all insured persons in the context of the social dimension of the
  internal market;
  Whereas, moreover, the scope of the Regulation should be extended to include,
  in principle, the special schemes for civil servants and persons treated as
  such and the special schemes covering non-employed persons;
 (3) OJ N° C
 (4) OJ N° L 206 of 29 July 1991, p. 2
 ---pagebreak---                                     - 27 -
Whereas the coordination of social security schemes applicable to these
 persons is necessary to attain one of the objectives of the Community;
 whereas the Treaty does not provide for the necessary powers;
 Whereas in the domain of social security the application of national
 legislations alone does not afford sufficient protection for persons moving
 within the Community;   whereas in order to make the free movement of persons
 fully effective the social security schemes applicable to them should be
  coordinated;
 Whereas for reasons   of equity the same rules as those provided for for
  employed and self-employed persons should to the largest extent possible
  be applied to persons not yet covered;   whereas these rules, for the
  sake of simplicity and clarity, should  supplement the provisions already
  in force for employed and self-employed persons and members of their
  families;
Whereas it is necessary to make the adaptations to Regulations (EEC) No 1408/71
and (EEC) N° 574/72 that are necessary for the application to persons moving
within the Community of the provisions of the said Regulations, taking account
of the specific nature of the situation of these persons, 0 f the special
features of the schemes with which they are insured/and of the benefits to
which they are  entitled;
Whereas the adaptations to be made to the enacting terms of Regulations (EEC)
N° 1408/71 and (EEC) N° 574/72 require adaptation of some of their Annexes;
Whereas, in particular, it is necessary to specify in an Annex the conditions
for the application of certain special schemes;    whereas it is necessary,
moreover, to provide a new Annex laying down the special rules for applying
 the Community provisions on pensions to non-employed persons,
 ---pagebreak---                                    - 28 -
HAS ADOPTED THIS REGULATION:
                                    Article 1
Regulation (EEC) N° 1408/71 is hereby amended as follows
            The title is replaced by the following:
            "Regulation (EEC) N° 1408/71 on the application of social security
            schemes to persons moving within the Community."
            Article 1 is amended as follows:
            (a)   After subparagraph (c), the following subparagraph (c)(a)
                  is added:
                  "Student" means any person, other than an employed or
                  self-employed person or a member of his family who is
                  validly enrolled in an establishment recognized or
                  approved by the national authorities of a Member State
                  to pursue studies or vocational training there, and is
                   insured under a special social security scheme applicable
                   to students under the conditions specified in Annex II."
             (b)   At the end of the first sentence of subparagraph (j) the
                   words "Article 4(1) and (2)" shall be replaced by
                   "Article 4(1), (2) and (2)(a)".
 ---pagebreak---                              - 29 -
3.  Article 2 is replaced by the following:
    "(1)    This Regulation shall apply to employed or self-employed
            persons, civil servants and persons who, under the
             legislation applicable, are treated as such, and to
            students, who are or have been subject to the legislation
            of one or more Member States and who are nationals of
            one of the Member States or who are stateless persons or
             refugees residing within the territory of one of the
            Member States, as well as to the members of their families
             and their survivors.
     (2)s   This Regulation shall apply to the survivors of employed or
     self-employed persons, of civil servants and persons treated as such,
     and of students, who have been subject to the legislation of one or
     more Member States, irrespective of the nationality of such persons,
     where their survivors are nationals of one of the Member States, or
     stateless persons or refugees residing within the territory of ore of
     the Member States.
     (3):   In addition, this Regulation shall apply to persons not
     referred to in paragraphs 1     and  2  of this Article, provided that
     these persons are or have been subject to the legislation of one or
     more Member States and are nationals of one of the Member States,
     or stateless persons or refugees residing within the territory of one
     of the Member States."
 4.  In Article 4
      (a)  The following paragraph 2(a) is added between paragraph 2
           and paragraph 3:
      "This Regulation shall apply to special social security schemes for
      civil servants and persons treated as such and to special schemes
      for the categories of persons other than employed or self-employed
      persons, taking account of the conditions and exceptions specified
      in Annex II."
      (b)    In paragraph 4 the words ", or to special schemes for civil
             servants and persons treated as such." are  deleted.
 ---pagebreak---                                   30 -
  5.   In Article 10(2) the words "as an employed or self-employed person"
       are deleted.
6.   Article 13 is amended as follows.
     In paragraph  2,   subparagraph (f) is replaced by the following:
     "A person other than a student to whom the legislation of a Member State
     is not applicable in accordance with one of the rules laid down in the
     preceding subparagraphs or with one of the exceptions or special rules
     laid down in Articles 14 to 17a shall be subject to the legislation of
     the Member State in whose territory he resides."
7.   Article 22 is amended as follows:
     In paragraph 3 the following sentence is added after the first sentence:
     "However, the immediate necessity of treatment shall not be required in
     the case of members of the family staying in a Member State other than
     the   competent State to pursue studies or vocational training there."
     The word "However" at the start of the next sentence is replaced by
      "Moreover".
 8.  Article 25 is amended as follows:
      (a)   At the end of paragraph 1 the following sentence is added:
            "The provisions of this paragraph shall apply by analogy
            to persons as referred to in Article 71b to whom the provisions
            of Article 69(1) apply."
      (b)   In paragraph  2   the words "or self-employed" are added after the
            word "employed".
 ---pagebreak---                                         - 31 -
9.      In Chapter 1 of Title III a Section 5a is added between Section 5 and
        Section 6.      The title is as follows:
        "Persons other than those referred to in Sections 2 to 5"
  1C.     This new Section includes a new Article 34a, worded as follows:
          "Civil servants and persons treated as such, and members of their
          families
          The provisions of Sections 2 to 7 shall apply by analogy
          to persons satisfying      the conditions of a special scheme for
          civil servants and persons treated as such, taking account,
          where appropriate, of the provisions of Article 18, and to
          members of their families."
   11.    This Section also includes a new Article 34b, worded as follows:
          "Students and members of their families
          "(1)     The provisions of Articles 18, 19(2), 22(1)(a)and (c), the
          second sentence of         (2), (3), 23 and 24 shall apply by analogy
           to students and to members of their families, as appropriate.
           (2)    A student pursuing his studies or vocational training in a
          Member State other than the competent State who satisfies the
           conditions laid down by the legislation of the latter State
           for entitlement to benefits, taking account, where appropriate,
           of the provisions of Article 18, shall, while in the territory
           of the Member State where he is studying, receive
    (a)    the benefits in kind provided, on behalf of the competent
           institution, by the institution of the place where he is
           studying or pursuing vocational training,in accordance with
           the provisions of the legislation which it administers,
           as though he were insured with it;
 ---pagebreak---                                     - 32 -
  (b)   the cash benefits provided by the competent institution in
        accordance with the legislation which it administers."
12.   It includes an Article 34c, worded as follows*
      "Other persons
      The provisions of Articles 18, 22(1)(a) and (c), the second sentence of (2),
      the first sentence of (3), and 24 shall apply by analogy to the persons
      referred to in Article 2(3)."
13.   Article 35 is amended as follows:
      In paragraph 3 the words "shall apply neither to employed or
      self-employed persons nor to the members of their families" are
      replaced by "shall not apply to persons".
14.   In Chapter 2 of Title III, a new Section 5 is added.  The title is
      as follows:
      "Persons other than those referred to in Sections 1 to 3"
15.   This new Section includes an Article 43a, worded as follows:
      "Civil servants and persons treated as such
      1.     The provisions of Articles 37, 38(1), 39 and of Sections 2,
             3 and 4 shall apply by analogy to persons satisfying the
             conditions of a special scheme for civil servants and persons
             treated as such.
 ---pagebreak---                              - 33 -
     2.     However, where the legislation of a Member State makes the
            grant of certain benefits conditional on the insurance periods
            having been completed solely under a special scheme for civil
            servants and persons treated as such, periods completed
            under the legislation of other Member States shall be taken
            into account for the grant of these benefits only if they were
            completed under a corresponding scheme.    If, account being
            taken of the periods thus completed, the person concerned does
            not satisfy the qualifying conditions for the said benefits,
           these periods shall be taken into account for the grant of
           benefits under the general scheme or, failing this, under the
            scheme applicable to manual or clerical workers, as
            appropriate.
     3.     For the acquisition, retention and recovery of the right to
            benefits within the meaning Article 38(1), the institution
            of a Member State administering a scheme that is not a
            special scheme for civil servants and persons treated as such
            shall take into account all periods completed under the
            legislation of any Member State, irrespective of whether
            they were completed under a general or a special scheme,
            applicable to civil servants and persons treated as such."
16.  It also includes a new Article 43b, worded as follows:
     "Other persons
     The provisions of Sections 1 to 4 shall apply by analogy to students
     and to persons as referred to in Article 2(3), subject to the
     special procedures laid down in Annex X."
17.  Chapter 3 of Title III is amended as follows:
(a)  A Section 1 is introduced, entitled "Employed and self-employed persons",
      comprising Articles 44 to 51.
 (b)  A Section 2 is introduced, entitled "Persons other than those
      referred to in Section 1"
 ---pagebreak---                                   - 34 -
18.   Section 2 of Chapter 3 includes an Article 51a, worded as follows:
      "Civil servants and persons treatecj as such
       1-     The provisions of Articles 44, 45(1), (4) and (7), 46, 47,
              48, 49, 50 and 51 shall apply by analogy to persons satisfying
              the conditions of a special scheme for civil servants and persons
              treated as such.
       2.     However, where the legislation of a Member State makes the grant
              of certain benefits conditional on the insurance periods having
              been completed solely under a special scheme for civil servants
              and persons treated as such, periods completed under the
              legislations other Member States shall be taken into account
              for the grant of these benefits only if they were completed under
              a corresponding scheme.   If, taking account of the periods thus
              completed, the person concerned does not satisfy the qualifying
              conditions for the said benefits, these periods shall be taken
              into account for the grant of the benefits of the general scheme
              or, failing this, of the scheme applicable to manual or clerical
              workers, as appropriate.
       3.     For the acquisition, retention and recovery of the right to
              benefits within the meaning of Article 45(1), the institution of
              a Member State which administers a scheme that is not a special
              scheme for civil servants and persons treated as such shall take
               into account all the periods completed under the legislation of
              any Member State, irrespective of whether they were completed
              under a general or a special scheme, applicable to civil servants
              and persons treated as such."
   19. This Section also includes an Article 51b, worded as follows:
        "Other persons
 ---pagebreak---                                     35 -
     The provisions of Section 1 shall apply by analogy to students and to
     the persons referred to.in Article 2(3), subject to the special procedures
     provided for in Annex X."
20.   Chapter 4 of Title III is amended as follows:
     A Section 5 is introduced, entitled "Persons other than those
      referred to in Sections 1 to 3"
21.   This Section includes an Article 63a, worded as follows:
      "Civil servants and persons treated as such
      1.     The provisions to Sections 1 to 4 shall apply by analogy
             to persons satisfying the conditions of a special scheme for
             civil servants and persons treated as such."
22.   It shall also include an Article 63b,worded as follows:
      "Students
      The provisions of Sections 1 to 4 shall apply by analogy to
      students."
23.   Chapter 5 of Title III is amended as follows:
 (a)  a Section 1 is introduced, entitled "Employed and self-employed persons"
 (b)   a Section 2 is introduced, entitled "Persons other than those referred
       to in Section 1"
 24.   Section 2 includes an Article 66a, worded as follows:
       "Civil servants and persons treated as such
 ---pagebreak---                                 - 36 -
    The provisions of Section 1 shall apply by analogy to persons satisfying
    the conditions of a special scheme for civil servants and personvs treated
    as such."
25. This Section also includes an Article 66b, worded as follows:
    "Other persons
    The provisions of Section 1 shall apply by analogy to students
    and to persons as referred to in Article 2(3), subject to the
    special procedures laid down in Annex X."
26.  In Article 67 the words "employed person" are replaced by
     "employed or self-employed person".
27.  Article 71 is amended as follows:
     The words "employed person" are replaced by "employed or
     self-employed person".
28.  In Chapter 6 of Title III, a Section 4 is added, entitled
     "Unemployed persons other than those referred to in Sections 1 to 3"
29.  Section 4 includes an Article 71a, worded as follows:
     "The provisions of Sections 1 to 3 shall apply by analogy to
     persons satisfying the conditions of a special scheme for
     civil servants and persons treated as such."
30.  This Section also includes an Article 71b, worded as follows:
     "Where the legislation of a Member State recognizes the right   to
     benefits of persons who have been newly registered as looking for
     work, the provisions of Articles 68, 69 and 70 of this Chapter
     shall apply to them by analogy."
 ---pagebreak---                                      - 37 -
  31.    Article 72 is amended as follows:
         The word  "self-employment" is replaced by "residence".
32.   Article 72a is amended as follows:
       The words "employed persons" are replaced by "employed or self-
       employed persons".    The same applies where these words appear
       in the singular.
33.    Article 74 is amended as follows:
       The words "unemployed person   who was formerly employed or
       self-employed" are replaced by "unemployed person".
34.    A new Article 76a is added after Article 76, worded as follows:
       "Civil servants and persons treated as such
The provisions of this Chapter shall apply by analogy to persons satisfying
 the conditions of a special scheme for civil servants and persons treated as
 such, taking account, where appropriate, of the provisions of Article 72."
 35.   A new Article 76b is added, worded as follows:
       "Students and other persons
       The provisions of Article 72 shall apply by analogy to students and
        to the persons referred to in Article 2(3) if the latter are not
       pensioners."
 36.    A new Article 79a is added after Article 79, worded as follows:
        "Civil servants and persons treated as such
 ---pagebreak---                                   - 38 -
     "The provisions of Articles 77, 78 and 79 shall apply by analogy to an
     orphan of   a person satisfying the conditions of a special scheme
     for civil servants and persons treated as such."
37.   Title IV is amended as follows:
      The words "Administrative Commission on Social Security for Migrant Workers"
      are replaced by "Administrative Commission on Coordination of Social
      Security Schemes".
38.   Title V is amended as follows:
      The words "Advisory Committee on Social Security for Migrant Workers"
      are replaced by "Advisory Committee on Coordination of Social Security
      Schemes".
39.   An Article 95a is added after Article 95, worded as follows:
      "Transitional provisions for students, persons satisfying the conditions
      of a special scheme for civil servants and persons treated as such,
      and persons as referred to in Article 2(3), other than pensioners
      1.    No right shall be acquired under this Regulation for any
            period prior to
      2.    Any period of insurance and, where appropriate, any period of
            employment, self-employment or residence completed under the
                                                      (1)
            legislation of a Member State before          shall be taken
            into account for the determination of rights acquired in
            accordance with the provisions of this Regulation.
      3.    Subject to the provisions of paragraph 1, a right shall be
            acquired under this Regulation even if it relates to a contingency
                          «. .....(1)
            arising prior to
 (1)   Date of entry into force of the Regulation ensuing from the present
       proposal.
 ---pagebreak---                                         - 39 -
    4.    Any benefit that has not been awarded or that has been suspended on
          account of the nationality or the residence of the person concerned
                                                                            (1)
          shall at the latter*s request be awarded or resumed from             ,
          provided that the rights for which benefits were previously awarded
          did not give rise to a lump-sum payment.
                                                     (1)
    5.    The rights of persons who prior to             obtained the award of a
          pension may be reviewed at their request, account being taken of the
          provisions of this Regulation.     This provision shall also apply to
          the other benefits referred to in Article 79a.
    6. " If the request referred to in paragraph 4 or .paragraph 5 is lodged
                                        (1 )
          within two years from            , rights deriving from this
          Regulation shall be acquired from that date and the provisions of
          the legislation of any Member State on the forfeiture or lapse of
          rights may not be applied to the persons concerned.
    7.    If the request referred to in paragraph 4 or paragraph 5 is lodged
                                                                     (1)
           after expiry of the period of two years following            ,
          rights not forfeited or lapsed shall be acquired from the date of such
          request, subject to any more favourable provisions of the legislation
          of any Member State."
40. Annex II is amended as follows:
     (a)   the words in parentheses are replaced by the following:     "Article 1(c)(a),
           (j) and (u) and Article 4(2)(a) of the Regulation"
     (b)   a Part III is added after Part II, entitled    "Special social
           security schemes applicable to students.    Conditions of application
           (Article 1 (c)(a).", and reading as follows:
     (1) Date of entry into force of the Regulation ensuing from the present
         proposal.
 ---pagebreak---                                      - 40 -
"A. BELGIUM
    1.    Royal Decree of 28 June 1969 extending the scope of compulsory
          health care insurance to students in higher education.
          Conditions of application:
          -   attend third-level education in Belgium at an
              establishment providing day courses;
          -   submit to the insurance institution a certified
              statement provided by the educational establishment.
    2.     Royal Decree of 20 July 1979 determining the conditions which
          •pupils    and students must satisfy to qualify for compensation
           in respect of the sequelae of occupational diseases.
           Conditions of application:
           This Decree shall apply where in the course of and by the
           nature of his training, a pupil or student has been exposed to the
           risk of an occupational disease in so far as the latter is
           inherent in the pursuit of the occupation for which he has
           been training.
     3.    -  Article 124 of the Royal Decree of 20 December 1963 on
              employment and unemployment
           -   Royal Decree of 8 August 1986 on the grant of the
               interim allowance (allocation d'attente) to young workers
              who have finished their studies.
 ---pagebreak---                                 - 41 -
          Conditions of application:
          Unemployment insurance covers persons newly registered as
          looking for work on condition that they have either fully
          completed their studies at the secondary higher or
          secondary lower level of technical or vocational training
          at an establishment organized, recognized or subsidized
          by one of the language communities of Belgium, or have
          obtained for the aforementioned studies a diploma or a
          leaving certificate before a central jury of one of the
          language communities of Belgium.
B. DENMARK
   Does not apply.
C. GERMANY
   Does not apply.
D. SPAIN
   Only health services provided for under specific circumstances and
   benefits for accidents sustained at school are covered by the
   special scheme applicable to students.
E. FRANCE
   1.    Sickness and maternity insurance for students provided for by
   Articles L 381-3 to L 381-11 of the Social Security Code.
 ---pagebreak---                                42 -
         Pupils and students at establishments approved for this
   purpose are compulsorily covered by this insurance provided that
   they are neither covered by social security nor are dependants
   of a person covered by social security and provided that they do
   not exceed an age limit (Article R 381-5 of the Social Security Code:
   26 years), which may however be raised on medical or civil grounds
   or to take account of the nature of certain studies.
    2.    Personal insurance:   Article D 741-6-1" and 2" of the
    Social Security Code.
          The following may join personal insurance:
          (a)   students pursuing education approved for this purpose,
    provided that they are under the age of 26.    They must pay an
    annual flat-rate contribution, the amount of which is identical
    with the sickness and maternity insurance contribution payable by
    students;
          (b)   foreign students receiving a grant from their government
    who do not come under the French social security scheme for
    students.    They must pay a contribution calculated on an annual
    flat-rate basis, equal to a quarter of the social contribution
    ceiling.
    3.    Insurance for accidents at work:   Article L 412-8-2" (a),
     (b) and (c) of the Social Insurance Code.
F.   GREECE
           Does not apply.
G.   IRELAND
     Does not apply.
 ---pagebreak---                               - 43 -
H.   ITALY
     Sickness and maternity:    the sole condition for coverage of
     students under the sickness insurance scheme is their residence
     within the national territory.
I.  LUXEMBOURG
    1.    Book I of the Social Insurance Code concerning sickness
    and maternity insurance.
          Insurance covers persons over the age of 18 pursuing in
    Luxembourg studies or unremunerated vocational training as an
    apprentice who do not enjoy protection in any other way.
    2.    Book II of the Social Insurance Code concerning accident
    insurance.
           Insurance for occupational accidents is extended to
    -   pupils at technical or vocational training courses or
        general courses accessory thereto, organized or approved
        by the State or organized by the communes and the
        professional institutes;
    -   pre-school, school and university activities organized
        by the State, the communes and the professional institutes
        or approved by the State>in the territory of the
        Grand Duchy of Luxembourg.
 J.  NETHERLANDS
     Does not apply.
 ---pagebreak---                             - 44 -
K.   PORTUGAL
     Does not apply
 L.   UNITED KINGDOM
      A student who is insured under the legislation of the
      United Kingdom, or of Gibralter, concerning one of the
      branches of social security mentioned at Article 4(1)
      of the Regulation shall be considered to be insured
      under a social security scheme applicable to students
      with the terms of Article 1(c)(a) of the Regulation".
      (c)   A Part IV is added, entitled "Special social security
      schemes for civil servants and persons treated as such;   social
      security schemes covering categories of persons other than
      employed or self-employed persons and students (Article 4(2)(a)
      of the Regulation)".   The text is as follows:
      "1.    Special schemes for civil servants and persons treated as
             such"
 A.   BELGIUM
      Does not apply.
  B.   DENMARK
       Special pension schemes established by law or decrees concerning
       State or municipal civil servants and persons treated as such
       are included in the scope of the Regulation.
  C.   GERMANY
       Does not apply.
  D.   SPAIN
       Does not apply.
 ---pagebreak---                           - 45 -
E. FRANCE
   Does not a p p l y .
F. GREECE
   Does not apply.
G.  IRELAND
   Does not apply.
H.  ITALY
   All special schemes are included in the scope of the Regulation,
I.  LUXEMBOURG
    1.    The following schemes are included in the scope of the
    Regulation:
          1.   The sickness and maternity insurance scheme referred
               to in Book I of the Social Insurance Code.
          2.   The accident insurance scheme referred to in Book II
               of the Social Insurance Code.
          3.   The scheme referred to in the Law of 19 June 1985
               concerning family allowances and establishing the
                Caisse nationale des prestations familiales
                (National Family Benefits Fund).
 ---pagebreak---                              - 46 -
   2.   Non-contributory civil service pension schemes are also
   included in the scope of the Regulation to the extent that
   they are effectively social security schemes.
J. NETHERLANDS
   Does not apply.
K. PORTUGAL
   The following schemes are included in the scope of the Regulation:
   1.   scheme relating to protection in the case of sickness and
        maternity (cash benefits and administration of remuneration);
   2.   scheme relating to retirement because of occupational
         incapacity (invalidity);
   3.    scheme concerning age-related retirement (old age);
   4.    scheme relating to survivors' pensions;
    5.   scheme relating to compensation for injuries and retirement
         resulting from an accident at work or an occupational disease;
 ---pagebreak---                                - 47 -
    6.    scheme relating to death grants.
    By way of exception, the following special schemes are excluded
    from the scope of the Regulation:
    1.    scheme relating   to invalidity pensions for military
          personnel under compulsory military service;
   2.   Scheme relating to the "preço de sangue" pension
        (death of a civil servant in the performance of his
        public or military duties) and other similar pensions.
L. UNITED KINGDOM
   Does not apply.
   2.   Special social security schemes covering categories of
        persons other than employed and self-employed persons
        and other than students.
A. BELGIUM
   The schemes included in the scope of the Regulation and the
   provisions for implementing these schemes are as follows:
   1.   Royal Decree of 28 June 1969 extending the scope of
         compulsory health care insurance to persons not yet
        protected.
         Conditions of application:
        -    effectively have one's principal residence in Belgiumi
            and have been registered as such in the municipal
             registers for at least six months prior to  joining
            a sickness fund or   the Caisse auxiliaire d'assurance
           maladie - invalidité (Auxiliary Sickness and Invalidity Fund);
 ---pagebreak---                           - 48 -
    -    not receive benefits under another Belgian or foreign
         compulsory health care insurance scheme.
2.  Royal Decree of 20 July 1970 extending the scope of health
    care insurance to disabled persons.
      Conditions of application:
      -   have one's domicile in Belgium and have effectively
          resided there for at least three months;
      -   have reached the age of 15;
      -   have been recognized before the age of 65 (men)
          or 60 (women) as incapable, because of one's
          state of physical or mental health, of pursuing
          gainful employment for an expected duration of at
           least one month on the basis of the criteria laid
          down in Article 56(1) of the Law of 9 August 1963
          establishing and organizing a compulsory insurance
          scheme for sickness and invalidity (diminution of
          earning capacity of at least 2/3 and having
           ceased all work).
 3.   Royal Decree of 28 June 1969 extending the scope of
      compulsory health care insurance to members of religious
      orders.
       Conditions of application:
       -   be a member of a religious order other than those
           referred to in Article 1 of the Royal Decree of
           28 June 1969 extending, the scope of compulsory
           health care insurance to certain members of the
           clergy and of religious orders;
       -    submit to the insurance institution a certified
           statement provided by the religious order.
 ---pagebreak---                                              - 49 -
          4.    Law of 27 February 1987 relating to allowances for
                disabled persons, in accordance with the provisions
                laid down in Annex X.
   B.     DENMARK
          Does not apply.
C.    GERMANY
      Does not apply.
D.    SPAIN
      Does not apply.
E.    FRANCE
      1.     Persons residing within French territory in accordance with
      the relevant national and Community provisions may join
      (a)    personal insurance established by Articles L 741-1 to 741-13
      of the Social Security Code;
      (b)    voluntary old-age insurance and voluntary invalidity insurance
       on condition that the person concerned voluntarily provides constant attendance for
       a member of his family under the conditions laid down in the
      second subparagraph of Article L 742-1 of the Social Security Code
      or satisfies the family situation conditions              laid down in the
      third subparagraph of the aforementioned Article L 742-1.
      2.     The non-contributory special benefits and the benefits for
      disabled persons shall be granted in accordance with the provisions
       laid down in Annex X.
 ---pagebreak---                                 - 50 -
F.  GREECE
    Does not apply.
G.  IRELAND
    Does not apply.
 H.  ITALY
     The sole condition for coverage by sickness and maternity insurance
     is residence within the national territory.
 I.  LUXEMBOURG
     The sickness and maternity insurance scheme referred to in Book I
     of the Social Insurance Code is included in the scope of the
     Regulation where it concerns
     -    recipients of a supplement under the Law of 26 July 1986, as amended,
         on the guaranteed minimum income;
     -   persons residing in Luxembourg who as a result of physical or
         mental infirmity are unable to earn a living and who do not
         enjoy protection in any other way.
 J.  NETHERLANDS
     Does not apply.
 K.  PORTUGAL
     Non-contributory benefits, in accordance with the provisions
      laid down in Annex X, are included in the scope of the
     Regulation.
 ---pagebreak---                             - 51 -
L.  UNITED KINGDOM
    Does not apply."
41. Annex VI is amended as follows
(a) Under the heading "E.   FRANCE" the following is added;
"8. For the purpose of applying Article 1(c)(a), the establishments
    recognized or approved by the national authorities are the
    following:
     (a)  Establishments of higher education, technical colleges,
    professional colleges and second-level classes preparatory to
    these colleges, that are approved under the conditions laid
    down by the Decree of 29 December 1965, as amended, relating
     to the social insurance scheme for students, implementing
    Article L 381-5 of the Social Security Code.
     (b)  The forms of education approved under the conditions laid
     down in Article D 741-6-1e of the Social Security Code relating
     to coverage of pupils and students under personal insurance."
 ---pagebreak---                              - 52 -
(b)  Under the heading "L.   UNITED KINGDOM" the following is added:
"21. A person who is validly enrolled at an educational establishment
     in the United Kingdom shall not be precluded from being considered
     a student within the meaning of Article 1(c)(a) of the Regulation
     solely because there is no scheme in the United Kingdom for
     recognizing or approving such establishments and because that
     person therefore does not attend an establishment that has been
     recognized or approved by the national authorities.    However,
     such a person must either be undertaking advanced education
     within the meaning of Regulation 1(2) of the Child Benefit
      (General) Regulation 1976 (or the Child Benefit (General)
     Regulations (Northern Ireland) 1979) or be at least 19 years
     of age.
42.  An Annex X is introduced, reading as follows:
     "Special procedures for   implementing Chapters 2, 3 and 5 of
     Title III for persons other than employed or self-employed persons
      (Articles 43b, 51b and 66b of the Regulation)
A.    BELGIUM
      The allowances for  disabled persons provided for by the
      Law of 27 February 1987 shall not be provided if the beneficiary
      resides in a territory other than that of Belgium.   They shall
      therefore not be exportable.
B.    DENMARK
      1.   Non-employed persons shall be entitled to a Danish social
      pension if they resided in Denmark for at Least three years between
      the ages for the beginning and end of working life as laid down by
      Danish legislation.
 ---pagebreak---                                             - 53 -
   2.    Periods during which a non-employed person received a pension
   from another Member State shall not be taken into account towards
   the completion of the residence period referred to in paragraph 1.
C.  GERMANY
    Does not apply.
D.  SPAIN
    1.    The non-contributory benefits of the Spanish social security
    scheme provided for by Law 26/1990 of 20 December 1990 shall be
   provided solely to beneficiaries residing in Spain.                          They may
   in no case be exported outside the national territory.
   2.    The conditions required by Spanish social security for the
   grant of non-contributory invalidity and retirement pensions are
   as follows:
   (a)   Invalidity pension:
         -   be over the age of 18 and under 65j
             reside lawfully within. Spanish territory and have had
             one's residence there for five years, of which two years
             immediately prior to the date on which the pension is
             claimed'T
             have over 65% invalidity or chronic illness^
             lack adequate means or income, the level of which is
             fixed periodically.
    (b)  Retirement        pension:
         -   be over t h e age of 65}
         -   reside lawfully within Spanish t e r r i t o r y and have had one's residence
             t h e r e f o r 10 years between t h e age o f 16 and t h e age on
             which the person concerned e x e r c i s e s h i s r i g h t t o p e n s i o n ,
             o f which two c o n s e c u t i v e years i m m e d i a t e l y p r i o r t o t h e
             d a t e on which t h e b e n e f i t is    claimed^
 ---pagebreak---                                   - 54—
           -   lack adequate means or income, the level of which is
               fixed periodically.
     3.    The special social security scheme for students does not make
     provision for students to receive benefits in respect of invalidity
      (except benefits for school accidents), old age or death, nor for
     benefits payable upon the student's death.
E.    FRANCE
     for the purpose of applying Article 43 b) and 51 b) to the persons
     referred to in Article 2 (3) of the Regulation, the non-contributory
     special benefits and the benefits for handicapped persons shall be
     granted to persons residing in France in accordance with national
     and Community provisions.
  F.    GREECE
        Does not apply.
  G.    IRELAND
        Does not apply.
  H.    ITALY
        Does not apply.
  I.    LUXEMBOURG
        Does not apply.
 ---pagebreak---                          - 55 -
J. NETHERLANDS
   Does not apply.
K. PORTUGAL
   For the purpose of applying Articles 43a and 51a to the persons
   referred to in Article 2<3), the non-contributory benefits in
   respect of invalidity, old age and death shall be granted to
   persons residing in Portugal.
L. UNITED KINGDOM
   Does not apply.
 ---pagebreak---                                      - 56 -
                                     Article 2
Regulation (EEC) N° 574/72 is amended as follows.
1.    The title is replaced by the following:
      "Regulation (EEC) N° 574/72 laying down the procedure for
      implementing Regulation (EEC) N° 1408/71 on the application of
      social security schemes to persons moving within the Community".
2.    Article 4 is amended as follows:
      Paragraph 3 is replaced by the following:
      "The institutions of the place of residence, the institutions of
      the place of stay, and the institutions of the place of study or
      vocational training of each Member State are listed in Annex 3."
3.    Article 8 is amended as follows:
 (a)  At the beginning of paragraph 1 the words "If an employed or
       self-employed person or a member of his family" are replaced by
       "If the person concerned".
       At the end of this paragraph the words "the employed or self-
       employed person/" ar e replaced by "the person concerned".
 (b)   At the beginning of paragraph 2 the words "If an employed or
       self-employed person" are replaced by "If the person concerned".
       At the end of paragraph 2, the words" the person concerned" are
       replaced by the word "he".
 ---pagebreak---                                - 57 -
4.  Article 8a is amended as follows!
    In paragraph 1 the words "an employed or self-employed person or
    a member of   his family" are replaced by "the person concerned".
5.  Article 10 is amended as follows:
    The title is replaced by the following "Rules applicable in the
    case of overlapping of rights to family benefits or family
    allowances".
6.  Article 10a is amended as follows!
     (a)  The title is replaced by the following:
          "Rules applicable when during the same period or part of
          a period the employed or self-employed person or one of the
          persons referred to in Articles 76a and 76b of the Regulation
          is successively subject to the legislation of several
          Member States".
     (b)  At the beginning of paragraph 1, after the words
          "If an employed or self-employed person", the words
          "or one of the persons referred to in Articles 76a
          and 76b of the Regulation" are added.
 7.  Article 10b is deleted.
 8.  Article 16 is amended as followsl
     (a)  The text of paragraph 1 is replaced by the following:
          "In order to invoke the provisions of Article 18 of the
           Regulation, an employed or self-employed person and the
           persons referred to in Articles 34a, 34b and 34c of the
           Regulation shall submit to the competent institution
           a certified statement specifying the periods of
           insurance completed under the legislation to which
           they were last subject."
 ---pagebreak---                               - 58-
   (b)   In paragraph 2, after the words "employed or self-employed
         person"^ the words "or one of the persons referred to in
         Articles 34a, 34b and 34c of the Regulation" are added.
9. Article 17 is amended as follows.
   (a)   The text of paragraph 1 is replaced by the following:
         "In order to receive benefits in kind under Article 19 of
         the Regulation, an employed or self-employed person and
         the person referred to in Article 34a of the Regulation
         must register themselves and the members of their families
         with the institution of the place of residence by submitting
         a certified statement testifying that they and the members
         of their families are entitled to the said benefits.    This
          certified statement, based upon information supplied by the
          employer, where appropriate, shall be issued by the competent
          institution.   If the employed or self-employed person, the
          person referred to in Article 34a of the Regulation, or the
          members of their families do not submit the said certified
          statement the institution of the place of residence shall
          obtain it from the competent institution."
    (b)   The text of paragraph 8 is replaced by the following:
          "The employed or self-employed person, the person referred
          to in Article 34a of the Regulation or the members of their
          families shall inform the institution of the place of
          residence of any change in their situation which is likely to
          alter their entitlement to benefits in kind, in particular
          any cessation or change of the employment or self-employment
          of the person concerned or any transfer of residence or
          stay of the employed or self-employed person or of a member
          of his family.
 ---pagebreak---                                 - 59 -
          Likewise, should the employed or self-employed person or the
          person referred to in Article 34a of the Regulation cease to be
          insured or cease to be entitled to benefits in kind, the
          competent institution shall inform the institution of the
          place of residence accordingly.   The institution of the place
          of residence may, at any time, request the competent institution
          to supply it with any information relating to the insurance
          or to the entitlement to benefits in kirvd of the employed or
          self-employed person or of the person referred to in
          Article 34a of the Regulation."
    (c)   A paragraph 10 is added, worded as follows:
          "The provisions of the preceding paragraphs shall apply by
          analogy to the members of a student's family.   These provisions
          shall also apply by analogy to students as referred to in
          Article 34b(2) of the Regulation, and in this case the
          institution of the place of study or vocational training shall
          be regarded as institution of the place of residence."
10. Article 18 shall be amended as follows:
    (a)   In paragraph 1 the words "an employed or self-employed person"
          are replaced by the words "an employed   or self-employed person
          and the person referred to in Article 34a of the Regulation".
    (b)   A paragraph 10 is added, worded as follows:
          "The provisions of the preceding paragraphs shall apply by
          analogy to students as referred to in Article 34b(2) of the
          Regulation, and in this case the institution of the place of
          study or vocational training shall be regarded as institution
          of the place of residence."
 ---pagebreak---                                     - 60 -
11.  Article 21 is amended as follows:
     (a)   At the end of the title the words "or self-employed persons"
           are replaced by ", self-employed persons or persons referred
           to in Articles 34a, 34b and 34c of the Regulation."
     (b)    The first sentence of paragraph 1 \s replaced by the
            following sentence:
           "In order to receive benefits in kind under Article 22(1)(a)(i)
           of the Regulation, save in the case referred to in Article 20
           of the implementing Regulation, an employed or self-employed
           person and the persons referred to in Articles 34a, 34b and
           34c of the Regulation shall submit to the institution of the
           place of stay a certified statement stating that they are
            entitled to benefits in kind."
12.  Article 22 is amended as follows:
     (a)    The title is replaced by the following:
            "Benefits in kind for employed or self-employed persons and
            for the persons referred to in Article 34a of the Regulation
            who transfer their residence or return to their country of
            residence, and for employed or self-employed persons and the
            persons referred to in Articles 34a, 34b and 34c of the
            Regulation who are authorized to go to another Member State for
            medical treatment."
      (b)   In the first sentence of paragraph 1 the words "an employed
            or self-employed person" are replaced by "an employed or
             self-employed person and a person as referred to in Article 34a
            of the Regulation".
             The word "he" is replaced by "they".
 13.  Article 24 is amended as follows:
      (a)    In the title the words "and for persons as referred to in
             Articles 34a, 34b and 34c of the Regulation" are inserted
             after the words "self-employed persons".
 ---pagebreak---                                 - 61 -
    (b)   The text of the Article is replaced by the following:
           "The provisions of Article 18 of the implementing Regulation
           shall apply by analogy in respect of the receipt of cash
           benefits under Article 22(1)<a)(ii) of the Regulation.
           However, without prejudice to the obligation to submit a
           certificate of incapacity for work, neither the employed
           or se If-employed person nor the person referred to in
           Article 34a of the Regulation shall be required to submit
           the notification of having ceased work referred to in
           Article 18(1) of the implementing Regulation if they
           are staying in the territory of a Member State without
           pursuing an occupation there."
14. Article 25 is amended as follows!
    In paragraph 1 the words "an employed or self-employed person"
    are replaced by "an employed or self-employed person and the persons
     referred to in Articles 34a and 34b of the Regulation".
15. Article 35 is amended as follows!
     (a)    The title is replaced by the following:
            "Claims for invalidity benefits where the employed or
            self-employed person or the persons referred to in
            Articles 43a and 43b of the Regulation have been subject
            exclusively to the legislations specifiedin Annex IV to
            the Regulation and in the case referred to in Article 40(2)
            of the Regulation".
 ---pagebreak---                              - 62 -
    (b)   The first sentence of paragraph 1 is replaced by the
           following:
           "In order to receive benefits under Articles 37, 38 and 39
           of the Regulation, including in the cases referred to in
           Articles 40(2), 41<(1) and 42(2) of the Regulation,
           an employed or self-employed person and the persons
           referred to in Articles 43a and 43b of the Regulation
           shall submit a claim either to the institution of the
           Member State to whose legislation they were subject at
           the time of occurrence of the incapacity for work
           followed by invalidity or the aggravation of such
            invalidity, or to the institution of the place of
           residence, which shall then forward the claim to the first
           institution, indicating the date on which it was submitted;
           this date shall be regarded as the date of the submission of
           the claim to the first institution."
    (c)    In paragraph 2 the words "or one of the persons referred to in
           Articles 43a and 43b of the Regulation" are added after the
           words "the employed or self-employed person".
     (d)   In the second sentence of paragraph 3 the words "or one of the
           persons referred to in Articles 43a and 43b of the Regulation"
           are added after the words "the employed or self-employed person"
16. Article 36 is amended as follows:
    The words "or one of the persons referred to in Articles 51a and 51b
    of the Regulation" are added after the words "the employed or self-
    employed person".
17, Article 37 is amended as follows:
    The words "or one of the persons referred to in Articles 51a and 51b
    of the Regulation" are added after the words "the employed or self-
     employed person".
 ---pagebreak---                               - 63 -
18.  Article 39 is amended as follows?
     The words "or one of the persons referred to in Articles 43a and 43b
     of the Regulation" are added after the words "the employed or self-
     employed person".
19.  Article 42 is amended as follows!
     The words "or one of the persons referred to in Articles 43a, 43b, 51a
     and 51b of the Regulation" are added after the words "the employed or
     self-employed person".
 20.  Article 43 is amended as follows:
      The words "or one of the persons referred to in Articles 43a, 43b,
      51a and 51b of the Regulation" are added after the words "the
      employed or self-employed person".
 21.  Article 44 is amended as follows*.
      The words "or one of the persons referred to in Articles 51a and 51b
      of the Regulation" are added after the words "the employed or
      self-employed person".
 22.  Article 50 is amended as follows!
      In paragraph 1(a)(i) the words "or one of the persons referred to
      in Articles 43a, 43b, 51a and 51b of the Regulation" are added after
      "Where an employed or self-employed person".
 23.  In the title of Chapter 4 the words "Articles 52 and 53" are
       replaced by "Articles 52, 53, 63a and 63b".
 ---pagebreak---                                    64 -
24. Article 60 is amended as follows*.
    The text of paragraph 1 is replaced by the following:
    "In order to receive benefits in kind under Article 52(a) of the
    Regulation, an employed or self-employed person and the persons referred to in
    Articles 63a and 63b of the Regulation shall submit to the institution
    of the place of residence a certified statement testifying that they are
    entitled to such benefits in kind.    This certified statement, based upon
    information supplied by the employer, where appropriate, shall be
    issued by the competent institution.    Moreover, if the legislation of
    the competent State so provides, the employed or self-employed person
    and the persons referred to in Articles 63a and 63b of the Regulation
    shall submit to the institution of the place of residence a receipt
     from the competent institution of notification of an accident at work
     or of an occupational disease.   If the person concerned does not
     submit such documents, the institution of the place of residence shall
     obtain them from the competent institution and, pending their arrival,
     it shall grant him the benefits in kind under sickness insurance,
     provided that he satisfies the conditions for entitlement thereto."
25.  Article 61 is amended as follows.
     In paragraph 1 the words "an employed or self-employed person"
     are replaced by "an employed or self-employed person and the persons
     referred to in Articles 63a and 63b of the Regulation".
26.  Article 63 is amended as follows:
     (a)   In the title the words "and for the persons referred to in
          Articles 63a and 63b of the Regulation" are added after
           "for employed and self-employed persons".
 ---pagebreak---                          - 65 -
    (b)   In paragraph 1 the words "an employed or self-employed person"
         are replaced by "an employed or self-employed person and the
         persons referred to in Articles 63a and 64b of the Regulation".
          The words "that he is" are replaced by "that they are".
27. Article 64 is amended as follows!
    The second sentence is replaced by the following:
    "However, without prejudice to the obligation to submit a certificate
    of incapacity for work, an employed or self-employed person and the
    persons referred to in Articles 63a and 63b of the Regulation who are
    staying in the territory of a Member State without pursuing any
    professional or trade activity there shall not be required to submit
    the notification of having ceased work referred to in Article 61(1) of
    the implementing Regulation."
28.  Article 66 is amended as follows:
     The words "or one of the persons referred to in Articles 63a and
     63b of the Regulation" are added after "the employed or self-
     employed person".
29.  In the title of Chapter 5 the words "Articles 64, 65 and 66" are
     replaced by "Articles 64, 65, 66, 66a and 66b".
30.  Article 80 is amended as follows!
     The words "an employed person" are replaced by "an employed or
     self-employed person or under a special scheme for civil servants
     and persons treated as such".
 ---pagebreak---                                      - 66 -
31.     Article 84 is amended as follows!
        (a)     The title is replaced by the following:
                "Unemployed persons who were formerly employed or self-
                employed and persons as referred to in Article 71a of the
                Regulation who, during their last employment or self-
                employment, were residing in a Member State other than
                the competent State".
         (b)     In paragraph 2 the words "an unemployed person who was
                 formerly employed shall submit" are replaced by "an
                 unemployed person who was formerly employed or self-
                 employed and the persons referred to in Article 71a of
                 the Regulation shall submit".    The words "he was last
                 subject" shall be replaced by "they were last subject".
                 The words "he has no right" are replaced by "they
                 have no right".
          (c)    In paragraph 3 the words "the unemployed person who was
                 formerly an employed person" are replaced by "the
                 unemployed person who was formerly employed or self-
                 employed or the person referred to in Article 71a of
                 the Regulation".
    32.    Article 85 is amended as follows:
           In the title the words "periods of employment or self-employment"
           are replaced by "periods of insurance, employment or
           seIf-employment".
    33.    Article 86 is amended as follows!
            (a)   The text of paragraph 1 is replaced by the following:
                  "In order to receive family benefits under Article 73 of
                  the Regulation, an employed or self-employed person and
                  a person as referred to in Article 76a of the Regulation
                  shall submit a claim to the competent institution, where
                  necessary through their employer."
 ---pagebreak---                                - 67 -
    (b)  The first sentence of paragraph 2 is replaced by the
         following:
          "In support of their claim, the employed or self-employed
         person and the person referred to in Article 76a of the
          Regulation shall submit a certificate relating to members
          of their family residing in the territory of a Member State
          other than that in which the competent institution is situated."
     (c)  The text of paragraph 3 is replaced by the following:
          "Where the legislation of the competent State provides that
          the family benefits may or must be paid to a person other than
          the employed or self-employed person or the person referred
          to in Article 76a of the Regulation/ the said persons shall
          also submit in support of their claim, information identifying
          the individual to whom the family benefits are to be paid
          in the country of residence (name, forename, full address)."
    (d)  The text of paragraph 5 is replaced by the following!
         "An employed or self-employed person and a person as
         referred to in Article 76a of the Regulation shall inform
         the competent institution, where necessary through their
         employer,
         - of any change in the situation of the members of their
            family which might alter entitlement to benefits,
         - of any change in the number of members of their family
            for whom family benefits are due."
34. Article 88 is amended as follows!
    The text of the Article is replaced by the following:
 ---pagebreak---                                       - 68 -
          "The provisions of Article 86 of the implementing Regulation
          shall apply mutatis mutandis to unemployed persons as referred
          to in Article 74 of the Regulation."
   35.    The title above Article 90 is replaced by the following:
          "Implementation of Articles 77, 78, 79 and 79a of the Regulation".
    36.   Article 90 is amended as follows!
          The words "Article 77 or 78 of the Regulation" are replaced by
          "Article 77, 78 or 79a of the Regulation".
    37.   Article 91 is amended as follows!
          The words "Article 77 or 78" are replaced by "Article 77, 78 or 79a",
38.    Article 92 is amended as follows!
       The words "Article 77 or 78" are replaced by "Article 77, 78 or 79a
       of the Regulation".
39.    Article 94 is amended as follows^
        (a)  The words "or of one of the persons referred to in Article 34a
             and 34b    of the Regulation" are added after "employed or
             self-employed person".
        (b)   In paragraph 1 the words "or one of the persons referred to in
             Article 34a    and 34b    of the Regulation" are added after
              "employed or self-employed person".
 ---pagebreak---                             - 69 -
40. Annex 3 is amended as follows!
    (a)  The title is replaced by the following:
         "Institutions of the place of residence, institutions of the
         place of stay, institutions of the place of study or of
         vocational training".
    (b)  In every section a new Part III is added after Part II,
         reading as follows:
         "A.    BELGIUM
         III.   Institutions of the place of study or of vocational training
         Institutions of the place of residence and institutions of the
         place of stay listed for Belgium in Annex 3 to Regulation
          (EEC) N° 574/72, points 1-1(a) and II.
         B. DENMARK
          III. Institutions of the place of study or vocational training.
          Does not apply.
          C. GERMANY
          III. Institutions of the place of study or vocational training.
          Does not apply.
 ---pagebreak---                       - 70 -
D. SPAIN
III. Institutions of the place of study or vocational training.
Does not apply.
E.   FRANCE
III.   Institutions of the place of study or vocational training
Caisse primaire d'assurance maladie (Local Sickness Insurance
Fund) of the place where the person concerned is studying.
F. GREECE
III. Institutions of the place of study or vocational training.
Does not apply.
G. IRELAND
 III. Institutions of the place of study or vocational training.
 Does not apply.
 H. ITALY
 III. Institutions of the place of study or vocational training.
 Does not apply.
 ---pagebreak---                         - 71 -
I.    LUXEMBOURG
III.    Institutions of the place of study or vocational training
Caisse nationale d'assurance maladie des ouvriers
(National Sickness Insurance Fund for Manual Workers),
Luxembourg.
    J.     NETHERLANDS
   III.    Institutions of the place of study or vocational
          training
   One of the sickness funds competent for the place where
   the person concerned is studying or pursuing vocational
   training, at the latter's choice.
   K.      PORTUGAL
    III.   Institutions of the place of study or vocational
           training
    Centro Regional de Segurança (Regional Centre of Social
    Security) of the place of study or vocational training
  L. UNITED KINGDOM
   Institutions of the place of study or vocational training
   Does not apply.
 ---pagebreak---                                 - 72 -
Article 3
This Regulation shall enter into force on the day of its publication
in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at Brussels,                                 For the Council
                                                  THE PRESIDENT
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(91) 528 final
                                                   DOCUMENTS
EN                                                                           04
                              Catalogue number : CB-CO-91-577-EN-C
                                                           ISBN 92-77-78638-8
Office for Of&dal Publications of the European Communities
L-2985 Luxembourg