CELEX: 51988PC0538
Language: en
Date: 1988-10-10
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1408/71 ON THE APPLICATION OF SOCIAL SECURITY SCHEMAS TO EMPLOYED PERSONS, TO SELF-EMPLOYED PERSONS AND TO MEMBERS OF THEIR FAMILIES MOVING WITHIN THE COMMUNITY AND REGULATION ( EEC ) NO 574/72 LAYING DOWN THE PROCEDURE FOR IMPLEMENTING REGULATION ( EEC ) NO 1408/71

16. 11. 88                               Official Journal of the European Communities                              No C 292/7
                                                                II
                                                        (Preparatory Acts)
                                                   COMMISSION
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1408/71 on the
              application of social security schemes to employed persons, to self-employed persons and to
              members of their families moving within the Community and Regulation (EEC) No 574/72
                        laying down the procedure for implementing Regulation (EEC) No 1408/71
                                                       COM(88) 538 final
                              (Submitted by the Commission to the Council on 18 October 1988)
                                                          (88/C 292/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            insured against during which a minimum period of
                                                                    insurance was fulfilled, for the recognition of the right to
                                                                    a benefit, to take account of similar facts or circum-
Having regard to the Treaty establishing the European
                                                                    stances occurring in another Member State for the
Economic Community, and in particular Articles 51 and
                                                                    aforementioned prolongation;
235 thereof,
Having regard to the proposal from the Commission,                  Whereas a provision should be included in Article 33 of
drawn      up   after      consulting   the     Administrative      Regulation (EEC) No 1408/71 for the purpose of
Commission on Social Security for Migrant Workers,                  clarifying the implementation of that Article in the
                                                                    cases mentioned in Article 28a of the aforementioned
                                                                    Regulation;
Having regard       to    the  opinion    of   the  European
Parliament,
                                                                    Whereas the experience gained in implementing Article
                                                                    57 of Regulation (EEC) No 1408/71 has revealed a
Having regard to the opinion of the Economic and                    loophole in the case where the conditions of none of the
Social Committee,                                                   national legislations, under which a professional or trade
                                                                    activity likely to cause an occupational disease other than
Whereas there are grounds for making the necessary                  sclerogenic pneumoconiosis was being pursued, have
adaptations to Council Regulations (EEC) No 1408/71                 been satisfied; whereas this loophole should be remedied
and (EEC) No 574/72, in the updated version of Regu-                by extending the scope of Article 57 (3) (a) and (b) to all
lation (EEC) No 2001/83 ('), as last amended by Regu-               occupational diseases; whereas it is consequently
lation (EEC) No 3811/86 (2); whereas some of these                  necessary to amend the text of Article 60 (1) (c) and (2)
amendments are related to changes which the Member                  and of Article 94 (8) of the abovementioned Regulation;
States have made to their legislation in respect of social
security, other amendments are of a more technical
nature and are intended to perfect the abovementioned               Whereas it seems necessary, following the judgment of
Regulations on the basis of the experience gained in the            the Court of Justice in Case 377/85 (Burchell), to make
implementation thereof;                                             certain amendments to the text of Articles 76 and 79 of
                                                                    Regulation (EEC) No 1408/71, for the purpose of the
                                                                    implementation of the Community provisions against
Whereas the signing of the agreement of 30 November                 overlapping also in the case where a benefit referred to
1979 concerning the social security of Rhine boatmen                in Chapters 7 and 8 of the aforesaid Regulation is due in
calls for an amendment to be made to Article 7 (2) (a) of           application only of national legislation;
Regulation (EEC) No 1408/71;
                                                                    Whereas national provisions concerning the protection of
Whereas a provision should be introduced permitting a               personal data cannot hinder the implementation of
Member State whose legislation provides for the pro-                Regulations (EEC) No 1408/71 and (EEC) No 574/72;
longation, by certain facts or circumstances, of a                  whereas a provision should be included in Regulation
reference period preceding the occurrence of the risks              (EEC) No 1408/71 for the purpose of determining the
                                                                    legislation applicable in the case of the communication of
(') OJ No L 230, 22. 8. 1983, p. 6.                                 these data to authorities or institutions of another
(2) OJ No L 355, 16. 12. 1986, p. 5.                                Member State;
 ---pagebreak--- No C 292/8                             Official Journal of the European Communities                                  16. 11. 88
Whereas the heading 'E. FRANCE' of Part II of Annex II            Belgium, of the place of residence and of the place of
to Regulation (EEC) No 1408/71 should be adapted as a             stay in Greece, Luxembourg and the Netherlands and of
consequence of an amendment to French legislation;                the designation of the liaison body in Belgium, Denmark
                                                                  and Germany;
Whereas a provision of an agreement concluded between             Whereas it is necessary to amend certain provisions of
Portugal and the United Kingdom should be included in             Annex 5 to Regulation (EEC) No 574/72 for the
Annex III;                                                        purpose of taking account of the agreements concluded
                                                                  between Member States under Article 36 (3) of Regu-
Whereas it has been found that the text of point 6 under          lation (EEC) No 1408/71;
the heading 'A. BELGIUM' in Annex VI is incomplete as
far as the objectives pursued are concerned; whereas              Whereas it is necessary to amend Annex 5 to Regulation
consequently textual amendments are called for;                   (EEC) No 574/72 as a result of a change in the
                                                                  procedure in Germany in respect of the payment of
                                                                  benefits;
Whereas    what is laid down in Item 1 of heading 'F.
GREECE'     in Annex VI should be deleted since this              Whereas it is necessary to amend Annex 10 to Regu-
provision   no longer has any purpose following the               lation (EEC) No 574/72 for the purpose of taking
extension   of the Regulations to self-employed persons;          account of changes made in the designation of the
                                                                  institutions and bodies designated by the competent
                                                                  authorities in Denmark, Germany, France, Luxembourg
Whereas the amendments made to Netherlands legis-                 and the Netherlands;
lation concerning insurance for medical expenses, inva-
lidity insurance , and old-age insurance call for                 Whereas it is necessary to delete the heading 'E.
amendments to Annex VI;                                           FRANCE' from Annex 11 to Regulation (EEC) No
                                                                  574/72 following changes made in the legislation of that
Whereas the extensive implementation by Ireland and the           Member State concerning the scheme for self-employed
United Kingdom of the provisions of Article 69 of Regu-           persons,
lation (EEC) No 1408/71 call for the inclusion of a
provision in Annex VI of that Regulation;                         HAS ADOPTED THIS REGULATION:
Whereas it is necessary to insert a provision in Article 3                                    Article 1
of Regulation (EEC) No 574/72 permitting the direct
notification of- decisions and of other documents                 Regulation (EEC) No 1408/71 is hereby amended as
emanating from an institution of a Member State to                follows:
persons residing on the territory of another Member
State;                                                              1. Article 7 (2) (a) is replaced by the following:
                                                                       '(a) The provisions of the Agreements of 27 July
                                                                             1950 and 30 November 1979 concerning social
Whereas the same reasons which justify the amendments
                                                                             security for Rhine boatmen;'
to Articles 76 and 79 of Regulation (EEC) No 1408/71,'
also call for an amendment to Article 10 of Regulation
(EEC) No 574/72;                                                   2. After Article 9, a new Article 9a is inserted as
                                                                       follows:
Whereas it is necessary to amend certain provisions of                  'Article 9a
Regulation (EEC) No 574/72 in order to take account
of amendments made by this Regulation to Article 57 of                 Prolongation of the period of reference
Regulation (EEC) No 1408/71;                                           Where, under the legislation of a Member State,
                                                                       recognition of entitlement to a benefit is conditional
Whereas it is necessary to make certain amendments to                  upon completion of a minimum period of insurance
Annex 2 to Regulation (EEC) No 574/72 because of the                   during a specific period preceding the contingency
changes in the designation of the competent institution                insured against (period of reference) and where the
for pensions in respect of old age and of death in                     aforementioned legislation provides that the periods
Belgium, for unemployment in Denmark and for family                    during which the benefits have been granted under
benefits in Greece and Luxembourg and also to the                      the legislation of that Member State or periods
designation of the competent institution for unem-                     devoted to the upbringing of children in the territory
ployment and occupational diseases in the Netherlands;                 of that Member State shall give rise to prolongation
                                                                       of the period of reference, periods during which
                                                                       invalidity pensions or old-age pensions or sickness
Whereas it is necessary to make certain amendments to                  benefits, unemployment benefits or benefits for
Annexes 3 and 4 of Regulation (EEC) N o 574/72 for                     accidents at work (except for pensions) have been
the purpose of taking account of changes made in the                   awarded under the legislation of another Member
designation of the institution of the place of residence in            State and periods devoted to the upbringing of
 ---pagebreak--- 16. 11. 88                             Official Journal of the European Communities                               No C 292/9
    children in the territory of another Member State                 the extent necessary, periods during which such
    shall likewise give rise to prolongation of the                   activity was pursued under the legislation of any
    aforesaid period of reference.'                                   other Member State, as if it had been pursued under
                                                                      the legislation of the first State.
 3. In Article 33 the present paragraph becomes
    paragraph 1 and a new paragraph 2 is added,                       5.     In cases of sclerogenic pneumoconiosis, the
    worded as follows:                                                cost of cash benefits including pensions shall be
                                                                      divided between the competent institutions of the
    '2.     Where, in the cases referred to in Article 28a,           Member States in whose territory the person
                                                                      concerned pursued an activity likely to cause the
    the acquisition of benefits in respect of sickness and
                                                                      disease. This division shall be carried out on the
    maternity is subject to the payment of contributions
                                                                      basis of the ratio which the length of the periods of
    and similar payments under the legislation of a
                                                                      old-age insurance or residence referred to in Article
    Member State in whose territory the pensioner in
                                                                      45 (1) completed under the legislation of each of the
    question resides, by virtue of having his place of
                                                                      States bears to the total length of the periods of
    residence in that Member State, these contributions
                                                                      old-age insurance or residence completed under the
    shall not be payable.'
                                                                      legislation of all the States at the dates on which the
                                                                      benefits commenced.
 4. Article 57 is replaced by the following:
                                                                      6.     The Council shall determine unanimously, on a
     'Article 37                                                      proposal from the Commission, the occupational
                                                                      diseases to which the provisions of paragraph 5 shall
    Benefits for an occupational disease where the person             be extended.'
    concerned has been exposed to the same risk in several
    Member States
                                                                   5. In Article 60:
     1.    When a person who has contracted an occupa-
    tional disease has, under the legislation of two or                (i) in paragraph 1 (c), the words 'of Article 57 (4)'
    more Member States, pursued an activity which by                       are replaced by the words 'of Article 57 (6)'.
    its very nature is likely to cause that disease, the
    benefits that he or his survivors may claim shall be              (ii) in the third line of paragraph 2 the words 'of
    awarded exclusively under the legislation of the last                  Article 57 (3) (c)' are replaced by the words 'of
    of those States whose conditions are satisfied, taking                 Article 57 (5)' and in the fourth line of
    into account, where appropriate, the provisions of                     paragraph 2 (b) the words 'of Article 57 (3) (c)'
    paragraphs 2 to 5.                                                     are replaced by the words 'of Article 57 (5)'.
    2.     If under the legislation of a Member State the          6. In Article 76:
    granting of benefits in respect of an occupational
    disease is subject to the condition that the disease in            (i) in the second line of the title the following
    question was first diagnosed within its territory, such                phrase: 'only of the national legislation or' is
    condition shall be deemed to be satisfied if the                       inserted after the words 'in pursuance';
    disease was first diagnosed in the territory of
    another Member State.                                             (ii) the following phrase: 'due only under the
                                                                           national legislation or' is inserted after the word
                                                                           'allowances' at the end of the first line of the
     3.    If under the legislation of a Member State the                  text of the Article.
    granting of benefits in respect of an occupational
    disease is subject to the condition that the disease in
    question was diagnosed within a specific time limit            7. In paragraph 3 of Article 79, the following phrase:
    following cessation of the last activity which was                'only under the national legislation or' is inserted
    likely to cause such a disease, the competent                     after the word 'due' in the first line of the text.
    institution of that State, when checking the time at
    which such activity was pursued, shall take into               8. The following new paragraph 5 is added to Article
    account, to the extent necessary, similar activities              84:
    pursued under the legislation of any other Member
    State, as if they had been pursued under the legis-               '5. (a) Where, under this Regulation or under the
    lation of the first State.                                                 implementing Regulation referred to in
                                                                               Article 98, the authorities or institutions of a
    4.     If under the legislation of a Member State the                      Member State communicate personal data to
    granting of benefits in respect of an occupational                         the authorities or institutions of another
    disease is subject to the condition that the activity                      Member State, that communication shall be
    likely to cause the disease in question was pursued                        subject to the legal provisions governing
    for a certain length of time, the competent                                protection of data laid down by the Member
    institution of that State shall take into account, to                      State providing the data. Any subsequent
 ---pagebreak--- No C 292/10                               Official Journal of the European Communities                                16. 11. 88
               transmission as well as the storage,   alteration        (c) Under the heading 'G. IRELAND': the following
               and destruction of the data shall be  subject to             section is added after section 8:
               the provisions of the legislation       on data
               protection of the receiving Member     State.
                                                                            '9.     An unemployed person returning to
                                                                            Ireland at the end of the period of three months
         (b) The use of personal data for purposes other                    for which he continued to receive benefits under
               than those of social security shall be subject               the legislation of Ireland in application of Article
               to the approval of the person concerned or in                69 (1) of the Regulation shall be entitled to
               accordance with other guarantees provided                    apply for unemployment benefits by way of
               for by the national legislation.'                            derogation from Article 69 (2) if he satisfies the
                                                                            conditions laid down in the aforementioned
                                                                            legislation.'
 9. In the second line of Article 94 (8) the words 'Article
    57 (3) (c) shall apply to' are replaced by the words
    'Article 57 (5) shall apply to'.                                    (d) Under the heading 'J. NETHERLANDS':
10. In section II of Annex II, the text under heading 'E.                     (i) Section 1 is replaced by the following:
    FRANCE' is replaced by the following:
                                                                                  '1. Insurance for medical expenses
    'Allowance for young children, not              subject   to
    conditions in respect of a means test.'
                                                                                      (a) As regards entitlement to benefits in
                                                                                          kind under Netherlands legislation,
11. In Annex III, section A of heading '66. PORTUGAL/                                     persons entitled to benefits in kind
    UNITED KINGDOM' is amended as follows:                                                shall mean persons who are insured
                                                                                          or coinsured under the insurance
                                                                                          scheme covered by the Netherlands
     (i) the present text becomes item (a)
                                                                                          law on sickness insurance funds for
                                                                                          the purpose of the implementation
    (ii) the following item is added:                                                     of Chapter 1 of Title III.
          '(b) As regards Portuguese employed persons
                 and for the period provided for in Article
                 220 (1) of the Act relating to the conditions                        (b) A person receiving an old-age
                 of accession of the Kingdom of Spain and                                 pension under Netherlands legis-
                 the    Portuguese     Republic     and      the                          lation and a pension under the legis-
                 adjustments to the Treaties: Article 26 of                               lation of another Member State
                 the Social Security Convention of 15                                     shall, for the purposes of Article 27,
                 November 1978, as amended by an                                          be considered to be entitled to
                 exchange of letters of 28 September 1987'.                               benefits in kind if, at the time at
                                                                                          which the aforementioned Article is
                                                                                          applicable to him, he satisfies the
12. Annex VI is amended as follows:                                                       conditions required for admission to
                                                                                          standard insurance as referred to in
                                                                                          Article 2 (1) of the Law on
    (a) Under the heading 'A. BELGIUM' Item 6 is                                          admission to insurance for medical
         replaced by the following:                                                       expenses.
         '6.      In order to establish whether the
         requirements imposed by Belgian legislation for                              (c) For the purposes of Articles 27 to 34
         entitlement to unemployment benefits are                                         of the Regulation, the following
         fulfilled account shall be taken only of days of                                 pensions shall be treated as pensions
         paid employment; account shall be taken of days                                  payable under the legal provisions
         accepted as equivalent within the meaning of the                                 mentioned in subparagraphs (b)
         said legislation only in so far as the days worked                               (invalidity) on (c) (old age) of the
         which preceded them were days of paid                                            declaration of the Kingdom of the
         employment.'                                                                     Netherlands under Article 5 of the
                                                                                          Regulation:
                                                                                          — pensions awarded under the Law
    (b) Under the heading 'F. GREECE':
                                                                                              of 6 January 1966 (Staatsblad 6)
                                                                                              on a new ruling in respect of
           (i) Section 1 is deleted                                                           civil servants and their survivors
                                                                                              (Netherlands Civil Service Pen-
         (ii) Sections 2 and 3 become sections 1 and 2                                        sions Act) (Algemene burgerlijke
               respectively.                                                                  pensioenwet);
 ---pagebreak--- 16. 11. 88                              Official Journal of the European Communities                          N o C 292/11
                      — pensions awarded under the Law                         (b) The reduction referred to in Article
                           of 6 October 1966 (Staatsblad                             13(1) of the AOW shall likewise not
                           445) on a new ruling in respect                           be applied to calendar years or parts
                           of pensions for military person-                          thereof before 1 April 1985 during
                           nel and their survivors (Military                         which a married woman or a woman
                           Pensions Act) (Algemene mili-                             who had been previously married
                           taire pensioenwet);                                       between the ages of 15 years and 65
                      '— pensions awarded under the Law                              years, residing in a Member State
                                                                                     other than the Netherlands was not
                           of 15 February 1967 (Staatsblad
                                                                                     insured under the abovementioned
                           138) on a new ruling in respect
                                                                                     law in so far as the calendar years or
                           of pensions for employees of the
                                                                                     parts thereof coincide with periods
                           N.V. Nederlandse Spoorwegen
                                                                                     of insurance completed by her
                           (Netherlands Railway Company)
                                                                                     husband under that legislation or
                           and their survivors (Railway
                                                                                     with calendar years parts thereof as
                           Pensions Act) (Spoorwegpen-
                                                                                     referred to in (a).
                           sioenwet);
                      — pensions awarded under the                                   By way of derogation from the
                           Regulation governing conditions                           provisions of Article 7 of the AOW,
                           of     employment       of     the                        the said woman shall be considered
                           Netherlands Railway Company                               as being entitled to a pension.
                           (Reglement Dienstvoorwaarden
                           Nederlandse Spoorwegen) (RDV
                            1964 NS); or
                      — benefits awarded to persons on
                           reaching the pensionable age of
                           65 years pursuant to a pension                       (c) The reduction referred to in Article
                           scheme, the object of which is to                         13 (2) of the AOW shall not be
                           provide care and assistance for                           applied in respect of calendar years
                           employed persons and former                               or parts thereof before 1 January
                           employed persons in their old                             1957 during which the spouse of the
                           age.'                                                     pensioner,     not    satisfying   the
                                                                                     conditions permitting him to have
         (ii) the text of Item 2 is replaced by the                                  these years treated as periods of
              following:                                                             insurance, resided in the territory of
                                                                                     the Netherlands between the ages of
              '2. Application of Netherlands legislation                             15 years and 65 years, or during
                  on general old-age insurance (Toe-                                 which, whilst residing in the
                  passing van de Nederlandse Ouder-                                  territory of another Member State,
                  domswet) (AOW).                                                    he pursued an activity as an
                  (a) The reduction referred to in Article                           employed person in the Netherlands
                       13(1) of the AOW shall not be                                 for an employer established in that
                       applied for calendar years or parts                           country.
                       thereof before 1 January 1957
                       during which a recipient, not
                       satisfying the conditions permitting
                       him to have such years treated as
                       periods of insurance, resided in the
                       territory of the Netherlands between
                                                                                (d) Neither shall the reduction referred
                       the age of 15 years and 65 years, or
                                                                                     to in Article 13 (2) of the AOW be
                       during which, whilst residing in the
                                                                                     applicable to calendar years or parts
                       territory of another Member State,
                                                                                     thereof before 1 April 1985 during
                       he pursued an activity as an
                                                                                     which the spouse of the pensioner
                       employed person in the Netherlands
                                                                                     resided in a Member State other
                       for an employer established in that
                                                                                     than the Netherlands between the
                       country.
                                                                                     ages of 15 years and 65 years and
                       By way of derogation from the                                 was     not    insured     under   the
                       provisions of Article 7 of the AOW,                           abovementioned legislation, in so far
                       persons who resided or worked in                              as the calendar years or parts
                       accordance with the abovemen-                                 thereof coincide with periods of
                       tioned conditions only prior to                               insurance completed by her husband
                       1 January 1957 shall also be                                  under that legislation or with
                       regarded as being entitled to a                               calendar years or parts thereof as
                       pension.                                                      referred to in (a).
 ---pagebreak--- N o C 292/12                       Official Journal of the European Communities                                     16. 11. 88
             (e) The provisions referred to in (a), (b),                              compulsorily insured on or after 1
                 (c) and (d) shall be applied only if the                             April 1985, the contribution shall be
                 person concerned has resided for six                                 determined in accordance with the
                 years in the territory of one or more                                provisions relating to the determi-
                 Member States after the age of 59                                    nation of the contribution for
                 years and for as long as that person is                              voluntary       insurance   under the
                 residing in the territory of one of                                  Netherlands legislation on general
                 these Member States.                                                 old-age        insurance     and     the
             (f) By way of derogation from the                                        Netherlands legislation on general
                 provisions of Article 45 (1) of the                                  insurance for widows and orphans.
                 Netherlands legislation on general                               (g) The authorization referred to in (f)
                 insurance • for widows and orphans                                   shall be granted only if the spouse of
                 (Algemene Weduwen- en Wezen-                                         an employed person or of a self-
                 wet) (AWW), the spouse of an                                         employed person has informed the
                 employed person or of a self-                                         Sociale Verzekeringsbank (Social
                 employed person covered by a                                          Insurance Bank) not later than one
                 compulsory insurance scheme, re-                                     year after commencement of his/her
                 siding in a Member State other than                                  compulsory insurance of the intention
                 the Netherlands, shall be authorized                                 to take out voluntary insurance.
                 to take out voluntary insurance under
                                                                                       For the spouse of an employed person
                 these legislations but only for the
                                                                                       or of a self-employed person who was
                 periods after 1 April 1985 during
                                                                                       compulsorily insured immediately
                 which the employed person or self-
                                                                                       prior to or on 1 April 1985, or was
                 employed person was compulsorily
                                                                                       compulsorily insured between that
                 insured under the abovementioned
                                                                                       date and the date of entry into force
                 legislation. This authorization ceases
                                                                                       of the Regulation amending this
                 on the date of termination of the
                                                                                      Annex, the period of one year shall
                 compulsory       insurance     of    the
                                                                                       commence on the date of entry into
                 employed person or self-employed
                                                                                       force of that Regulation.
                 person.
                                                                                  (h) The provisions referred to in (a), (b),
                 The aforementioned authorization
                                                                                       (c) and (d) shall not be applicable to
                 shall not cease, however, where the
                                                                                       periods coinciding with periods
                 compulsory       insurance     of    the
                                                                                       which may be taken into account for
                 employed person or the self-
                                                                                       the calculation of pension rights
                 employed person is terminated as a
                                                                                       under the legislation governing
                 result of his death and where his
                                                                                       old-age pensions in a Member State
                 widow receives only a pension under
                                                                                       other than the Netherlands, or for
                  the Netherlands       legislation on
                                                                                       periods during which the person
                  general insurance for widows and
                                                                                       concerned received a pension under
                  orphans.
                                                                                       such legislation.'
                  In any event, the authorization in
                  respect of voluntary insurance ceases               (iii) The following paragraph is added to Item 4:
                  on the date on which the voluntarily                      '( c ) F ° r t n e calculation of the Netherlands
                  insured person reaches the age of 65                             invalidity benefit in application of Article
                  years.                                                           40 (1) of the Regulation, the
                  The contribution which has to be paid                            Netherlands institutions shall not take
                  for the aforementioned voluntary                                 account of any supplements to be
                  insurance shall be determined for the                            awarded under the provisions of the Law
                  spouse of an employed person or of a                             on supplements. Entitlement to the
                  self-employed person who is compul-                              supplement and its amount shall be
                  sorily insured under the Netherlands                             calculated exclusively on the basis of the
                  legislation    on general       old-age                          said Law.'
                  insurance      (AOW)       and       the
                                                                  (e) The following item shall be inserted after Item 15
                  Netherlands legislation on general
                                                                      in the heading 'L. UNITED KINGDOM':
                  insurance for widows and orphans
                  (AWW) in accordance with the                        '16.       An unemployed person returning to the
                  provisions relating to the determi-                 United Kingdom at the end of the period of three
                  nation of the contribution for                      months during which he continued to receive
                  compulsory insurance, subject to the                benefits under the legislation of the United
                  condition that his/her income shall be              Kingdom pursuant to Article 69 (1) of the Regu-
                  deemed to have been received in the                 lation, shall continue to be entitled to unem-
                  Netherlands.                                        ployment benefits by way of derogation from the
                                                                      provisions of Article 69 (2) if he satisfies the
                  For the spouse of an employed person                conditions laid down in the aforementioned legis-
                  or of a self-employed person who was                lation.'
 ---pagebreak--- 16. 11. 88                           Official Journal of the European Communities                              No C 292/13
                                                          Article 2
           Regulation (EEC) No 574/72 is hereby amended as follows:
            1. The following paragraph 3 is added to Article 3:
               '3.     Decisions and other documents emanating from an institution of a Member State
               and intended for persons residing or staying on the territory of another Member State may
               be communicated directly by registered letter with acknowledgment of receipt.'
            2. In Article 10:
                (i) the words 'only under the national legislation or' are inserted in the penultimate line of
                    paragraph 1 (a) after the words 'benefits are due'.
               (ii) the words 'only under the national legislation or' are inserted in the first and the fifth
                    lines of paragraph (b) (i) after the word 'due' and
                    the words 'only under the national legislation or' are inserted in the first and fifth lines
                    of paragraph (b) (ii) after the word 'due'.
            3. In the sixth and seventh line of Article 67 (3), the words 'taking into account the provisions
               of Articles 57 (2) and 57 (3) (a) and (b)' are replaced by the words 'taking into account
               Article 57 (2), (3) and (4)'.
            4. In the second, third and fourth lines of Article 68 (2), the words 'taking into account the
               provisions of Article 57 (2) and (3) (a) and (b)' are replaced by the words 'taking into
               account the provisions of Article 57 (2), (3) and (4)'.
            5. The introductory sentence of Article 69 is replaced by the following: 'The following rules
               shall apply for the implementation of Article 57 (5) of the Regulation'.
            6. Annex 2 is amended as follows:
               (a) Under heading 'A. BELGIUM' the words 'National Pension Office for Employed
                    Persons, Brussels' in point 3 are replaced by the words 'National Pension Office,
                    Brussels'.
               (b) Under heading 'B. DENMARK', the present address in point (f) is replaced by the
                    following:
                    'Direktoratet for Arbejdsleshedsforsikringen (National Office for Insurance against
                    Unemployment), Copenhagen'.
               (c) Under heading 'F. GREECE' the following text is added to point 5:
                    '(in) for mariners                 Seamen's home, Piraeus'.
               (d) Under heading 'I. LUXEMBOURG' point 5 is replaced by the following:
                    '5. Family benefits                National Family Benefits Fund, Luxembourg'.
 ---pagebreak--- No C 292/14                              Official Journal of the European Communities                              16. 11. 88
               (e) Under heading 'J. NETHERLANDS':
                      (i) Point 4 is amended as follows:
                           '4. Unemployment                (Professional and Trade Association) with which the
                                                           insured person's employer is insured'.
                     (ii) Point 6 is amended as follows:
                           — In the second and third lines of the text in the left-hand column, 'Article 57
                                (3)' and 'Article 57 (3) (c)' are replaced by 'Article 57 (5)'.
                           — In point (b) the present text in the right-hand column is replaced by:
                                'Nieuwe Algemene Bedrifsvereniging (New General Professional and Trade
                                Association), Amsterdam'.
            7. Annex 3 is amended as follows:
               (a) Under heading 'A. BELGIUM' the text of the first four lines of the right-hand column
                     of point 3 of section I is replaced by the following:
                     'Office national des pensions, Bruxelles — Rijksdienst voor pensioenen, Brussel —
                     (National Pension Office, Brussels)'.
                (b) Under heading 'C. GERMANY'.
                       (i) point (c) of section I is deleted;
                     (ii) the word 'Bonn' in the right-hand column of point (b) of section 2 is replaced by
                            the words 'St. Augustin'.
                (c) Under heading 'F. GREECE', point 3 is deleted.
                (d) Under heading 'I. LUXEMBOURG', point 5 is replaced by the following:
                      '5. Family benefits              Caisse nationale des prestations familiales (National Fund
                                                       for Family Benefits), Luxembourg'.
                (e) Under heading 'J. NETHERLANDS':
                        (1) Point 4 is amended as follows:
                      '4. Unemployment                 New General        Professional   and    Trade Association,
                                                       Amsterdam'.
            8. Annex 4 is amended as follows:
              , (a) In section 3 of heading 'A. BELGIUM':
                        (i) the text of the first four lines in the right-hand column of point (a) is replaced by
                             the following:
                             'Office national des pensions, Bruxelles — Rijkedienst voor pensionen, Brussel —
                             (National Pension Office, Brussels)';
                       (ii) the text of the right-hand column of point (b) is replaced by the following:
                             'Office national des pensions, Bruxelles — Rijkedienst voor pensioenen, Brussel —
                             (National Pension Office, Brussels)'.
                 (b) Under heading 'B. DENMARK', the text in the right-hand column of section 8 is
                       replaced by the following:
                       'Direktoratet for Arbejdeloshedsforsikringen (National Office for Insurance against
                      Unemployment), Copenhagen'.
                 (c) Under heading 'C. GERMANY', the word 'Bonn' in the right-hand column of point 2 is
                       replaced by the words 'St. Augustin'.
 ---pagebreak--- 16. 11. 88                            Official Journal of the European Communities                         No C 292/15
           9. Annex 5 is amended as follows:
              (a) The following item is added under heading '7. BELGIUM — ITALY':
                  '(e) The exchange of letters of 13 November 1985 and of 29 January 1986 concerning
                         advance payments in respect of reciprocal claims under Article 93 of the
                         Implementing Regulation.'
              (b) Under heading '9. BELGIUM — THE NETHERLANDS', the text of point (c) is replaced
                  by the following:
                  '(c) Agreement of 24 December 1980 on sickness insurance (health care), as amended'.
              (c) Under heading '26. GERMANY — ITALY' the text in point (a) is replaced by the
                  following text:
                  '(a) Article 14, Article 17 (1), Articles 18 and 42, Article 45 (1) and Article 46 of the
                         Administrative Arrangement of 6 December 1953 relating to the application of the
                         Agreement of 5 May 1953 (payment of pensions).'
              (d) The text of heading '41. FRANCE — IIALY— is amended as follows:
                   (i) the present text becomes point (a);
                  (ii) the following point (b) is added:
                        '(b) Exchange of letters of 14 February and 18 March 1986 concerning advance
                             payments in respect of reciprocal claims under Article 93 of the Implementing
                              Regulation.'
              (e) Heading '54. IRELAND — THE NETHERLANDS' is amended as follows:
                   (i) the present text becomes point (a),
                  (ii) the following point (b) is added:
                        '(b) Exchange of letters of 22 April and 27 July 1987 concerning Article 70 (3) of
                              the Regulation (waiving of costs of reimbursement in respect of benefits
                              awarded in application of Article 69 of the Regulation) and Article 105 (2) of
                              the Implementing Regulation (waiving of the reimbursement of the costs of
                              administrative checks and medical examinations referred to in Article 105 of
                              the Implementing Regulation).'
              (f) Heading '64. NETHERLANDS — PORTUGAL' is amended as follows:
                   (i) the present text becomes point (a);
                  (ii) the following point (b) is added:
                        'The agreement of 11 December 1987 concerning the reimbursement of benefits in
                        kind in the case of sickness and maternity.'
              (g) Under heading '65. NETHERLANDS — UNITED KINGDOM':
                    (i) point (c) is deleted;
                   (ii) point (d) becomes point (c);
                  (iii) the following point is added:
                         '(d) The exchange of letters of 25 April and 26 May 1986 concerning Article 36
                               (3) of the Regulation (reimbursement or waiving of reimbursement of the
                               costs of benefits in kind).'
 ---pagebreak--- No C 292/16                              Official Journal of the European Communities                              16. 11. 88
           10. Annex 6 is amended as follows:
               Under heading *C. GERMANY':
                  (i) the text of point (a) in section 1 is replaced by the following:
                       '( a ) Dealings with Belgium, Denmark, Spain, Greece, France, Ireland,               Italy,
                               Luxembourg, Portugal and the United Kingdom: direct payment';
                 (ii) the text of point (b) is deleted;
                (iii) point (c) becomes point (b).
           11. Annex 10 is amended as follows:
                (a) Under heading 'B. DENMARK', the text in the right-hand column of points 5, 6 (b) and
                      7 (b) is replaced by the following:
                      'Direktoratet for Arbejdsloshedsforsikringen (National Office for Insurance against
                      Unemployment), Copenhagen'.
                (b) Under heading 'C. GERMANY', the word 'Bonn' at the end of the text in points 8 (a)
                      and~9 (b) (ii) is replaced by the words 'St. Augustin'.
                (c) Under heading 'E. FRANCE', the words 'ministere de PAgriculture (Ministry of Agri-
                      culture), Paris' in point 5 (ii) are replaced by the following:
                      'Direction Regionale de l'Agriculture et de        la Foret (Regional Directorate of Agri-
                      culture and Forestry) — Service regional de       l'Inspection du Travail, de PEmploi et de
                      la Politique Sociale Agricoles (Regional           Department of Inspection of Labour,
                      Employment and Agricultural Social Policy),       Paris.'
                (d) Under heading 'I. LUXEMBOURG'
                        (i) The text of point (b) in point 7 is replaced by the following:
                             'Family benefits          Caisse nationale des prestations familiales     (National
                                                       Family Benefits Fund), Luxembourg'.
                       (ii) The text of (d) in point 8 in the right-hand column is replaced by the following:
                              'Caisse nationale des prestations familiales (National Family Benefits Fund),
                              Luxembourg'.
                 (e) Under heading 'J. NETHERLANDS', the words 'Articles 11 (1), 11a (1)' in the first and
                       second lines of the left-hand column are replaced by the following: 'Articles 11 (1) and
                       (2) and 11a (1) and (2).
            12. Annex 11 is amended as follows:
                  (i) heading 'E. FRANCE' is deleted
                 (ii) headings F, G, H, I, J, K and L become E, F, G, H, I, J and K respectively.
 ---pagebreak--- 16. 11. 88                             Official Journal of the European Communities                            No C 292/17
                                                            Article 3
            1. This Regulation shall enter into force on the day of its publication in the Official Journal of
               the European Communities.
            2. Article 1 (1) shall apply with effect from 1 December 1987.
            3. Article 1 (2) shall apply with effect from 1 January 1984.
            4. Article 1 (11) shall apply with effect from 22 October 1987.
            5. Article 1 (12) (b) shall apply with effect from 1 July 1982.
            6. Article 1(12) (d) (i) shall apply with effect from 1 April 1986.
            7. Article 1(12) (d) (ii) shall apply with effect from 1 April 1985.
            8. Article 2 (6) (a), (7) (a) and (8) (a) shall apply with effect from 1 April 1987.
            9. Article 2 (6) (d), (7) (d) and (11) (d) shall apply with effect from 1 January 1987.
           10. Article 2 (6) (e) (i), (ii) 11 and (7) (e) shall apply with effect from 1 January 1987.
           11. Article 2 (9) (a), (b), (d), (e), (f) and (g) shall apply with effect from the date of entry into
               force of the agreements included therein.
           12. Article 2 (9) (c) and (10) shall apply with effect from 1 September 1988.
           13. Article 2 (11) (e) shall apply with effect from 1 January 1988.
           This Regulation shall be binding in its entirety and directly applicable in all Member States.