CELEX: 51975PC0460
Language: en
Date: 1975-09-11
Title: PROPOSAL FOR A COUNCIL REGULATION amending Regulations (EEC) Nos 1408/71 and 574/72 on the application of social security schemes to employed persons and their families moving within the Community (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 460
Vol. 1975/0172
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION QF THE EUS.OEEAN COMMUNITISS
                                               COM(75 ) 460 final .
                                               Brussels , September lO^ 1975
                                   PROPOSAL FOR
                               A COUNCIL . REGULATION
             amending Regulations (^EEC ) Foe 1408/71 and 574/72 on
             the application of social security schemes to employed
             persons and. their families moving within the Community
                   ( submitted to the Council "by the Commission ;
   COM(75 ) A6 0 final .
 ---pagebreak---                                        I
ВТТП0ШСТ10!!
Regulation (£3C ) No 1408/71 of 14 June 1971 on "the application of social
security schemes to employed persons and their families moving within the
                                           9
Community and Regulation (EEC ) No 574/72 fixing the procedure for
implomcnting Regulation No 1408/71 entered into force on 1 October 1972 .
                                       A »
After the necessary adjustments were made , these Regulations apply , since
1 April 1973 1 to the nine Member States of the enlarged Community.
As a result of the rapid development of social security legislation
in the Ilenber States , the experience gained by applying the Community
Regulations , and the decisions of the Member States on how competences
as regards implementing the Reflations are to be shared by the social
security authorities , bodies and institutions , the Regulations require
constant adjustment#
Regulation (lHEC) ITo 1392/74 of 4 June 1974^ made an initial scries of
amendments to the abovementioned Regulations.    The purpose of this proposal
i3 to make the amendments which have 'beoome necessary since then.
 " 0J No L 149 , 5 July 1971 .
20J No L 74» 27 March 1972.
30J No L 152 , 8 June 1974.
 ---pagebreak---                                           II
                   aft_ j^ej^LrfcjLon
                                      ^tjicle 1 ( 0_
A provision of the social security convention concluded on 14 September 1971
between the United Kingdom and Ireland , the retention in force of which had
not appeared necessary when the new Member States accededi is to be inserted
in /jinex II to Regulation 13b 1408/71 * That provision allowed for the use
of credited contributions awarded in one country in the franexrork of
sickness insurance and which cotild not be used in the other of those
countries because the conditions laid down to acquire the right to benefits
held not been wholly fulfilled to calculate old-age or widow' s pensions
in either country.
                                      Article 1(2 )
In this paragraph it is established that there are no conditions for
concordance on the state of invalidity between Luxembourg legislation on
the schemes for clerical staff or manual workers and Belgian legislation
on the scheme for miners in the case of general partial invalidity.
                                         ic1e^1_( 3 )
( a) Prxagraph 15 » new version
The attendance allowance providod for Tinder United Kingdom legislation is
a cash benefit awarded to every person in the United Kingdom who is
suffering from a handicap serious enough to warrant a considerable amount
of assistance by a third person.       This benefit , which is quite distinct
from the invalidity pension ^ is awarded without any conditions of insurance
or employment .  It is financed from the national budget .
 ---pagebreak---                                          III
In view of theso features , Title III , Chapter 2 of the Regulation on the
award and calculation of invalidity pensions cannot apply to this kind
of benefit .   While awaiting a general solution to the problems raised "by the
coordination of schemes for the handicapped , it is suggested that the
attendance allowance should be regarded as an invalidity benefit as regards !
    f
- payment in the other Member States j
- the right to sickness insurance benefits if the beneficiaries and members
    of their families reside or stay in the territory of another Member State .
(b) P.£y.agpaph 1o ^ ncw version
Article 10 of the Regulation provides that the benefits mentioned therein which
are provided by the institution of a Member State may not be amended because
the beneficiary resides in the territory of another Member State .     As the
term "residence " moans usual residence , Article 10 does not apply to a
beneficiary who is " staying" in another Member State.     United Kingdom legislation
does not authorize the payment of benefits or payment without adjustments to
pensioners who are staying in mother Member State in the following conditions :
  ( i ) if a pensioner xrtio is a national of a Member State and who resides
        outside the Community is temporarily staying in the territory of
        a Member State ;
( ii ) if a pensioner entitled to a pension increase for an accident at work
        or for an occupational disease under a special allowance for
        incapacity for work because he resides in the territory of a Member
        State is staying in the territory of another Member State .
The provision which it is proposed to enter in Annex V is intended to bridge
this gap by treating stay in the territory of a Member State in the same way
as residence in the territory.
 ---pagebreak---                                         ш-
(c ) Paragraph 17 new version
The purpose of this provision is to trice account of chongos made to the
contributions system and to the conditions for the award of benefits under
United Kingdom legislation by the Social Security Act of 1973 *      It should bo
reoalled that until 6 April 1975 * contributions wore uniform and were paid
weekly# . The right to uniform benefits also depended on the number of
contributions paid^. The following changes have been made.
Contributions
                                            2
Contributions paid by " employed earners"     depended on their earnings .
Uniform contributions no longer exist ; the amount the salaried earner and
the employer used to contribute depended on the earnings of the salaried
earner .   Contributions are now calculated on the basis of the level of
earnings with reference to the upper and lower limits laid down by
legislation.     These limits more or loss represent , respectively!
one-ancUar-half times and a qusrter of the national average earnings , and
they are reveiwed annually.     Contributions are related to the tax year
( starting on 6 April ) during which they are paid. They are no longer
calculated by "contribution weeks" as at present , but with reference to the
period between the payment of earnings to the person concerned , not in
terms of the length of employment .
Contributions are deducted by the employer and collected . by way of taxation.
At the end of each year employers havo to deolare the amount of contributions
deducted during the financial year.
  Besides this , there is a statutory supplementary scheme under which the
  amount of contributions varies.    These contributions involve a uniform
  increase of basic benefits .   The reference here is not to the supplementary
  scheme .
2
  Instead, of " employed persons".
 ---pagebreak---                                         -v                    •7
Conditions for aGçruiring the right to bœiefits
Although the amount of contributions to "be paid depends on a person 's
earnings , benefits provided are uniform. The concepts of "weekly contributions",
"contribution periods" end " insurance periods", which applied in the previous
scheme , have disappeared .  Instead of being linked to the number of actual
or credited contributions , the right to benefits is now linked to the concept
of the annual " earnings factor".   The total amount of contributions paid for
an employed earner during a financial year will be converted by the
Department of Health and Social Security into an earnings factor which
corresponds to the amount of earnings on the basis of which the contributions
had been paid ,  ikiong other things , the right to benefits would be expressed
in terms of the earnings factor and of multiples of the lower income limit .
Thus , for example , to qualify for unemployment allowance , the earnings factor
calculated on the    basis of contributions should not be below the lower limit
for the year multiplied by 50 .   If the earnings frctor is less , the benefit
to be awarded would be reduced.    The number of insurance contributions
paid and the period during which income gives rise to the obligation to
pay benefits does not play any part in the new scheme and are not registered.
Problem s
EVora the aforegoing, special provisions on the application of Title III
of Regulation ITo 1408/71 should be provided, in particular on 2
( l ) the conversion of insurance periods or periods of employment completed
      in the other Member States into earnings factors , to implement United
      Kingdom legislation ;
 ---pagebreak---                                         vf
( 2) tha conversion of earnings factors obtained in the Uhitocl Kingdom
      into "insurance periods" in such a way that the other Member States
      can take account of it when applying their legislation*
Set out below are notes on the solutions proposed for entry into Annex V#
As regards point ( l ), it has "been suggested that the worker should be
considered as having an income equal to two-thirds of the upper earnings
limit 1 which indeed is approximately the average income of workers in the
United Kingdon.   (Because of differences in the level of earnings and of •
economic and social factors between the Member States , it would be mistaken
to apply the earnings of other llember States when applying United Kingdom
legislation . On the other hand , it vronld be impossible to determine
the income of the person concerned if he had worked in the United Kingdom
during the reference period.     The amount of earnings calculated with the
help of that formula woiild be added to actual income in the United Kingdom ;
on the other hand , that formula would take account of periods which wouldj
under the legislation of other Member States , be regarded as to be treated
as insurance periods , but such credited periods would be included only
to reach the lower, earnings limit .   This is a system which the United Kingdom
applies to its own nationals who are insured.
A rather similar solution had already been adopted in I-jnnex V, item l( 1 1 ) t
for certain supplements which varied according to income .
As regards point ( 2 ), which is intended to provide other Member States with
" insurance periods" calculated on the basis of the " earnings factors", it has
been proposed that the earnings factor be divided by the lower income limit
(NB, in future , United Kingdom insurance accounts will , for any given year ,
 ---pagebreak---                                                                           r « ;• -»
                                                                         7 ; ■' •
contain only an amount expressed in currency units), ./in amount equalling
two-thirds of the upper income limit would penalize lower-paid workers who
fulfil the conditions for the acquisition of full "benefits in accordance
with United Kingdom legislation "by crediting them with contributions lower
than they had in fact paid.             The figure calculated in this way could not ,
however» exceed the number of weeks during which the person concerned had
actually been subject to United Kingdom legislation .            The same formula
would also be applied to credited earnings for periods treated as such .
Art ic le J>Q ) nnd. ( 8 ) ( a.)^ and ( c )
The cmendment to .Article 80 ( 2.} of Régulation No 574/72 by Régulation
No 878/73 implies that Article 4(10 ; and Annex 10 to Regulation No 574/72
should refer to that provision.             The purpose of those provisions was to
remedy that omission.
Article 2(2 )                                                                       ' 1
The purpose of that provision was to determine the social security
institution ■ with which a worker is registered if , pursuant, to certain
provisions of Regulation No 1408/71 , he is subject to German legislation
while being employed in the territory of another Member State or while
working for an undertaking whose registered place of business is situated
in the territory of another Member State.             The proposed amendment of this
provision related solely to German domestic administration and did not affect
the rights and duties of the workers .
 ---pagebreak---                                                            VIII
Article 2(3 )» (4)» (5 )> C-0 and (8 )
;  m. -m~ » &<a.  - ai. »    .« ^ a&m. m -* *- . . * M ^ »
 These paragraphs involve noting in the Annexes to Regulation
Ho 574/72 the changes made in the charing out of competences between the
national authorities , institutions and. "bodies implementing the Regulation#
 Article
  In Annex 5 to Regulation Kb 574/ 72 there should "be a reference to an
  agreement concluded between Belgium cad Italy on the reciprocal waiver
 of the refund of the cost of non- specialised medical examinations required
  for the awardj provision or review of invalidity pensions on the "basis
 of Article 105(2 ) of that Regulation.
 Article . 2(7 ) (b) ( i )
  In the abovementioned Article 5 there should "be a reference to an agreement
  concluded "between Belgium and the Netherlands on the overlap of sickness
  and invalidity allowances in the case of aggravation of incapacity for
worlc#           The agreement is intended to avoid an overlap of benefits while
 guaranteeing the worker a level of benefit equal to the level of the
highest benefit to which he is , or would have been, entitled in view of
the aggravation of his invalidity.
^iclo^Cx) (b)J[ii )
 The agreement to be mentioned in Annex 5 is an agreement concluded on the
basis of Article 45(2 ) of Regulation No 3 and of Article 77 of
Regulation ITo 4 ? on the reimbursement of administrative costs where
  sickness insurance benefits in kind pre provided on behalf of an
  institution of another Member State .
The reference to that agreement had been omitted when Regulations
Nos 3 and 4 were being replaced by Regulations Uos 1408/71 and 574/72.
 ---pagebreak---                                               1                 V/ 550/ 75--
                                              I                 ' ! 'l ' 'iïî ■
                                                                    f    I   T ''
Regulation (lEC ) ITo ■■■                   of the Council of
                                                         ■'   '  -    '         '
emending Regulations (iilEC) JTos 1408/71 end 574/72 on tho application of
social security schemes to employed persons rnd their fonilies moving
within the Community
THE COUNCIL OP THE EUROPEAN" COI-iHETITIES ,
Having regard to the Treaty establishing tho European Economic Community,
end-, in - particular. .Articles 2 , 7 --nd 51 thereof ;
Having regard to Council Regulation (ETJC ) No 1403/71 of t4" Jtme 1971 on
the application of" social security schemes to employed persons and' theii<
                             ' *    1      1
families moving within the Community . as last amended "by Regulation (EEC )
              0
No 1392/ 74 1 end in particular Articles 95 nnd 97 thereof ;
Having regard to Council - Regulation (ESC ) ITO 574/72 of 21 Ilarch 1972
fixing tho procedure for implementing tho abovoment ioncd Regulation (EEC )
No 1408/71 1 as last coaended by Regulation (EEC ) HO 2J39/74* , ond in
particular Article 121 thereof ;
*01 No     L 149, 5  July 1971 , p. 2.
20J No     L 152, 8  June 1974» p. 1 .
30J No     L 74, 27  Ilsrch 1972, p. 1 .
40J No     L 283 , 9 October 1974, p. 1 .
 ---pagebreak---                                                 ρ                   ν/55 8/75-3
Having regard to the proposal from tlie Comnission adopted, aftor
consultation with the Administrative Commission on Social Security
for IIi grant IJorhors ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic aid Social Cocimittecj
Ilhcreac the changes that have heon made in United Kingdom legislation
            detailed provisions to implenont the rules relating to aggregation
of periods §g tfoitf ajfeto •ieterEiaing -fta> ri^fct to "btawsfite provi'JUi& to* \y
                                   C-saplfctod in th* vthe? limber Static «oy "bo taken
                       t&uti d ^toPuinlac; ri^hte under the legislation cf other
    %<&            Citfltritrntl-itt® paid ia t'-ui Caitod. Kingdom may W takvsn into
oeodunts
Whereas it is appropriate that certain provisions of "bilateral conventions
condlttdecl 'between Henber States shall renain in force ;                        1
Whereas account: must bo taken of changes in the internal administrative '
orgmization of the Henber States ;
HAS /JDOPTED ÏÏHI3 IffiGULATIOÎTs
                                          Article 1
Regulation (JZJCJ No 1408/71 shall be rjnended as follows:
1.   In point 30 of Jinnex II IHEL.'ITD ~ UTITSD I'lIlTGDOH, parts A end B ,
     the terirt shall be replaced by the following?
     " 30 .  HïïCLALîD - UITITED KETGD0ÎI
     Article 8 of the Agreement of 14 September 1971 on social security".
 ---pagebreak---                                         3                     V/ 55S/75-E
2, Annex IV shall bo amended as follows ;
   In the table LUCEIIBOTJRa, section BELGIUM, point 2 , minors * scheme ,
   partial general invalidity , column " Workers * Invalidity - manual workers"
   and " Invalidity - clerical workers", the word ''Concordance" shall "be
   replaced "by "ITo concord nnco".
3. The following paragraphs shall be added to Annex V - point I , IHHTSD
   кшяш:
   ( a) " 15 . Ebr the cole purpose of /.articles 10 , 27 j 28 , 28a, 29 , 30
         and 31 of the Regulation , the attendance allowance grant od to a worker
        under United Kingdom legislation shall be regarded as an invalidity
        benefit ",
   (b) " 15 , ibr the cole purpose of Article 10(l ) of the Regulation, any
        beneficiary of a benefit duo under United Kingdom legislation who
         is staying in the territory of a Member State shall during that stay
        be treated as if he resided in tlio territory of that Member State ",
   (c ) " 17 ,  ( l ) For the purpose of calculating an earnings factor with
         a view to determining the right to benefit under United Kingdom
         legislation, each week during which a worker has been subject to
        the legislation of another Member State and which commences during
        the relevant income tax year within the meaning of United Kingdom
         legislation shall bo talcen into account in the following ways
         ( a) for each week of insurance , employment or residence-} the person
               conoerned sha.Il bo deemed to have paid contributions a„s an
               employed person on the basis of earnings equivalent to 2/3rds
               of that year*s upper earnings limit ;
 ---pagebreak---                                          4                   ν/53δ/75-Ε
          (b) for each full week -during tha t;holo of which he>as completed
             • a period treated as a period of insurance , employment or
               residence i the person conccrnod shall "be treated as having
               a contribution credited to him as an employed peraon, Taut
               only to the extent required to "bring his total earnings
               factor for the year to the lower earnings limit multiplied
               "by fifty.
2.   For the purpose of converting an earnings factor into periods of insurcnoc ,
     the earnings factor achieved in the relevant income tax year within the
     meaning of United Kingdom legislation shall be divided "by that year 's
     lower earnings limit# The result shall "be expressed as a whole number,
     any remaining fraction being ignored* The figure so calculated shall
     be treated as representing the number of ueelcs of insurance completed
     under United Kingdom legislation during that income tax year provided
     that such figure sh:\ll not exceed the number of weeks during which in
     the said income tax year the person was subject to that legislation.
                                   Article 2
Regulation (EEC ) HO 574/ 72 shall be amended as follows!
1 . The text of .Article 4(10 ) shall bo replaced, by the following!
     "10.  The institutions or bodies appointed "by the competent authorities
           pursuant , in particular, to the following /articles of the
           Implementing Regulations Articles 6(l ), ll(l), 13(2) and (3 ),
           14(1), ( 2) and (3), 38(1), 7<Kl)# 80(2), 81? 82(2 ), 85(2), 86(2),
           89(1)1# 91(2), 102(2), 110 and 113(2), ax=s listed In Annex 10".
  The inference to Article 89(l ) vri.ll have to be delated if the Commission's
  proposal of 2 April 1975 on family benefits is adopted.
 ---pagebreak--- 2,   The tert of Article 12 shall "be replaced "by the following:
                                                     \
                                    ''Article 12
            Special provisions concerning insurance tindor the Carman
                               social security schéma
Where , under the terns of Article 14( "I ) (t ) " and, ( o ) or ( 2;(a) of the
Rogola-bionj or under an agreomend concluded in pursuance of Article 17
of the Regulation , German legislation applies to a worker employed "by an
undertaking or employer ''/hose registered office or place of "business
is not situated in Gormen territoryf this legislation shall apply as if
the worker were employed in his place of residence in Gorman territory ;
if the worker has no residence in German territory , or if his is one of the
cases provided for "by Article 13(2 ) ( a) of the Regulation, German legislation
shall "be applied as if he were employed in the area for which the Allgeneir.a
Ort skr arikenkasse Born ( Local General Sickness Fund Bonn) is competent ."
3.   Anne:: 1 shall he amended as follows ?
     The follotfling paragraph 5 shall "be aided to point I* UK1TE5) KINGDOM::
     "6 .   Minister for Medical and Health Services } Gibraltar"*
4*   Annex 2 shall he cjnendod as follows ;
     ( a) In point C. GMGIiilTT, the text of paragraph 2 shall he replaced
            by the following?
            " 2. Pension insurance for manual workers, clerical staff and miners
 ---pagebreak---                                                                  ν/558/75-Ξ
Pbr the de-termination of claims to benefits as well as for admissihg to
voluntary insurance during this procedure and foi> the previa* ca of "benefits
pursuant to the Regulations ,
(a) for persons who have been insured, or ere treated as insured exclusively
     under Gorman legislation or und-r German legislation md the legislation
     of one or more other Member States ^ and for their survivor
     – who are resident in the territory of another Member State
     - or i-iho are nationals of another Member State resident in the
       territory of a non-member State :
       ( i ) where the last contribution was paid into the manual workers'
              pcnsioH insurance schemes
              - if the person concerned is
                resident in the Netherlands or
                is a Netherlands national
                resident in the territory of
                a non-member State :              Lrndesversicherun/rsanstalt
                                                  Lmde sversicherungsanst alt
                                                  Westfalen ( Regional Insurances
                                                  Offioe of Uestphalia)# Ifunster
              - if the person concerned is
                .          .Vi 2 ..             ^
                . • . 2. ,  if i. i w • ■. U.'.
                frcsldofti In Belgiuni or 13 a
                Belgian national resident in
                the territory of a non-
                nomber State :                    Lnnde sver sicherungsanst alt
                                                  Rheinprovinz (Regional Insurance
                                                  Office of the Rhine Province ) }
                                                  Dusseldorf
              ~ if the person concerned is
                resident in Italy or is an
                Italian national resident
                in the territory of a non-
                member State :                    Lande sversiohorungsanst alt
                                                  Schwaben (Regional Insurance
                                                  Office of Swabia), Augsburg
 ---pagebreak---                            7                    V/550/75-ÏÎ
   if the person concerned is resident
   in Prance or Luxembourg cr is a
   French or Litronbourg national
   resident in the territory of a
   non-nem'ber States                     Landesversxcherungsanstalt
                                          PJieinlancl-Pfal z ( Regional
                                          Insurance Office of the
                                          Rhine–Palatinat e ) f Speyer
   if the person concerned is
   resident in Denmark or is a .
   Danish national resident
   in the territory of a noh«*
   ncrnber States                         Lend e sver sicherungs an st alt
                                          Schlo'3wig-Ho 1 st ein ( Regional
                                          Insurance Office of
                                          Sch1c 3r:ig~-Ic 1 st ein) , Lubeclc
   if the person concerned is
   resident in Ireland or the
   United Kingdom or is m Irish
   or United Kingdom national
   resident in the territory of a
   non-member States                      Lcndc sver sicherungsan st alt
                                          l^'oio vnd H.-nnestadt Hnfcrj
                                          (itogional Insurance Office
                                          of the Free end Kanseatic
                                          City of Hambtirg), Hamburg
However , if the last contribution
•was paid to the Landenversicherungs-
 anstalt fib? das Saarlcnd ( Regional
 Insurance Office of the Saar ),
 Saarbriicken , or to the Bundeshrhn-
versicherungsanpt alt ( federal
Railways Insurance Office ) s ItrJilcfurt
 cm Ilain , or into the Seckacse
 (Mariners * Insurance Fund) ,
Homburgs                                  The institution to which the
                                          last contribution was paid
 ---pagebreak---                                           8                     V/558/75-E
  (ii ) where the last contribution was paids
            - to the pension insurnnoc scheme for
               clerical staffs                         Bundesversicherungsanstalt
                                                       fur iingestellte ( Federal
                                                        Insurance Office for Clerical
                                                        Staff), Berlin
         . - to the mariners' pension
               insurance schemes                        Seelcasse (Mariners * Insurance
                                                       Fund), Hamburg
  ( iii ) where the last contribution was
            paid into the miners 1 pension
            insurance scheme or where the
            qualifying period required for
            obtaining the; pension for
            reduced ability to pursue the
         ' activity of a miner (Bergmanns-
            rento ) is , or is deemed to be ,
            completeds                                 Bundeslcnappschaft (Miners 1
                                                       Federal Insurance Fund )* Bochum
(b) for persons who have been insured, or treated ' as having been insured,
      under German legislation or legislation of one or more other Member
      States , and for their survivorss
      - when the person concerned is resident in the territory of the
         Federal Republic of Germciny, excluding the Saarland ;
      - or , is a German national resident in a non-member States
          ( i ) where the last contribution under German legislation was paid
                 into the manual workers 1 pension insurance schemes
 ---pagebreak---                                   9                 V/558/75-B
if tho last contribution under the
legislation of another Ilember State
was paid into a ITetherl^nds pension
insurance institution :               Lcinde sversicherungsanst alt
                                      'Jestfalen (Regional Insurance
                                      Office of Westphalia). Ifunster
if the last contribution under
the legislation of another Honber
State was paid into a Belgian pension
fcisurc'jac^- institution             Londe sversicherungsnnst alt
                                      Rheinprovinz ( Regional Insurance
                                      Office of the Rhine Province )
                                      Dusseldorf
if the last contribution under the
legislation of another Member State
was paid into m Italian pension
insurance institutions                Lnnde sver sicherungsrn st alt Schwaben
                                      ( Regional Insurance Office of Swabia) »
                                      Augsburg
if the last contribution under the
legislation of another Hcmbcr State
was paid into a IVench or LvDcembourg
pension insurance institutions        Lrndesver sicherungsmst alt
                                      Hheinland-Pfalz (Regional Insurance
                                      Office of the Rhine-Palatinate ) t
                                      Spoyer
if the last contribution under the
legislation of another Member State
was paid into a Danish pension
insurance institution :               Lande sver sicherungsan st alt
                                      Sehl c swi3-H0 1 st ein (Regional
                                      Insurance Office of SchloBwig-
                                      Holstein). Lubeck
 ---pagebreak---                                      10                      y/55C/75-U
                                                             V:i  :
 if the last contribution under the
 legislation of another Ilembor State was
 paid into an Irish or United Kingdom
 pension insurance institution:           Laiidesversicheruiigsansta,lt Freie
                                          und Hansestadt Hamburg ( Regional
                                          Insurance Offioe of the Fr*ce aid . '
                                          Kanseatic City of Hamburg) , Hamburg
 whore the person concerned is
 resident in the territory of the
 Federal Republic of Germany in the
 Saarland or if he is a German national
 resident in the territory of a non-
 meriber State and the last contribution
 under the German legislation was paid into
 a pension insurance institution situated
 in the Saarlnnds                         Landesversicherungsanstalt fur
                                          das Saarland (.Regional Insurance
                                          Office of the Saarland ),
                                          Saarbrucken
 when the last contribution under
 German legislation was paid into
 the Seelcasce (Mariners * Insurance
 Fund) 1 Hanburgi or into the
 BundesbahnversicherungsanstaJLt
 (Federal Railways Insurance Raid),
 Frankfurt am I-Iains                     The institution to which that
                                          contribution was paid
ii ) where the last contribution wa3
      paid to :
 ---pagebreak---                                           11                    V/558/75-E
   - the pension insurance scheme for
      clerical staffs                        Bundesversicherungssnst alt fur
                                             Angestellte ( Federal Insurance Office
                                             for Clerical Staff), Berlin
   - the pension insurance scheme for
     marinersj                                Seekasse (Mariners* Insuranoe Pond) ,
                                             Hamburg
-. ii ) whore the last contribution
          under Geraim legislation was paid
          into the pension insurance scheme
          for minors or when the qualifying
          period required for obtaining the
          pension for" reduced ability to
          pursue the activity of a miner
          (Bergnaansrent e ) has been* or is
          deer.ed to be , completeds         Bundesknappschaft ( Federal Miners 1
                                             Insurance Fund), Bochum
(c)       In the ovent of a change of country of residence after benefits have
          been awarded in the cases referred to at subparagraphs ( a)(i ) and
          (b)(i ), the competent institution shall change accordingly",
Cb)       The following shall be added to point I* UNITED KINGDOM, paragraph 1
          relating to benefits in kinds
          "Medical and Public Health Department , Gibraltar".
.     Annex 3 shall bo amended as follows :
      The Gormen version of point C. GBRKANY, subparagraph (a) of paragraph 2
      relating to accident insurance , shall be amended to read as follows ;
      "( a) Sachleistungen ( ausser Heilbe-
              handlung durch die Unfallversiche-
           ■ rung, KÖrperersatz stücken und
              Hilfsmitteln) und Geldleistungen
              ( ausser Renten, Pflegegeld und
              Sterbegeld)}                     für den Wohnort oder den Aufenthaltsort
                                               der betreffenden Person zuständig©
                                               Allgemeine Ortskrankenkasse
 ---pagebreak---                                                12                        V/558/75-E
Für Knappschaftlich Versicherte und
deren Familienangehörige !                      Bundesknappschaft . Bochum"
o.   Annex 4 shall "be amended cs follows ;
( a) At point A» BELGIUM, the text shall be replaced by the following:
                                    " A.  BKLGIUM
       1.   Sicknessj mat ernitys
            ( a) in général !                   Institut nr.tional d' as surar.ee naladic-
                                                invalidité , Bruxelles/föjksinstituut voor
                                                ziekte-- en invaliditeitsverzekering» Brussel
                                                (National Siclcness and Invalidity Insurance
                                                Institutsj Brussels )
            (b) for marinera s                  Caisse de secours et de prcvoynnce des marins
                                                naviguant sous pavillon belge/llulp- en
                                                voorzor{$cas voor zeevarenden onder
                                                Belgische vlag ( Relief end Welfare Pund
                                                for llariners Sailing under the Belgian Flag),
                                                Antwerp
2.   Invaliditys
     ( a) general invalidity:                   Institut national d' assurance mpladie-
                                                invalidité , Bru^e11e3/ttijesinstituut voor
                                                zielcte- en invaliditoitsverzokering, Brussel
                                                 (National Sickness and Invalidity Insurmco
                                                Institute » Brussels )
     (b) special invalidity scheme
            for miners ?                        Fonds national de retraite des ouvriers
                                                mineurs » Bru:;e11 e s/Nat ionanl Pensioonfonds
                                                vcor tdjnwerlcorSf Brussel (National      Pension
                                                                                  ational Pension
                                                Foad for Miners . Brussel s )
     (c ) mariners1 invalidity schemeî Caissd de - secours et de prévoyance des marins
                                                nav5. tenant . sous pavillon beige/Hulp- en
                                                voorzorgskas voor zeevarenden onder Belgische
                                                vlag- (Relief and Ifclfarc Fund for Mariners
                                                 Sailing under the Belgian Flag) , Antwerp>
3« Old age» death (pensions)
     ( a) For the purposes of applying
            Articles 41 to 43 and 45 to 50
            of tlie Iraplementing                         _•
          ■ Régulations                         Office national des pensions pour travailleur j
                                                 salariésj Bruxelles/ïlijkci&ienst voor
                                                werknemer spensio enen , Brussel (National Pension
                                                Offioe for Enployed Persons , Brussels)
     (b) For the purposes of applying
            Articles 45 (paying institution) t
            53(l ) t 110 , 111(1 ) end ( 2 ) of
            tho Iraplementing Régulations       Crisse national des pensions de retraite et de
                                                 survie » Brtccelles/Rijkskas voor rust-en
                                                overlevingspensioenen, Brussel (National Fund
                                                for Retiraincnt and Survivors * Pensions), Brussels
 ---pagebreak---                                        13                     V/55S/75-E
Accidents at work end occupational
diseases ;                                Ministère de prévoyance sociale , Bruxelles/
                                          Ministoric van sociale voorzorg, Brussol
                                          (Ministry of Social Welfare , Brusscls )
Death grmts ;
( a) in generals                          Institut national d * assurance malaaie-
                                          invalidite , Bruxelles/Ri jksinstituut voor
                                          zielcte- en invaliditeitsverzekering, 3russel
                                          (national Sickness and Invalidity Insurance
                                          Institute . Brussels )
Съ      vor mariners :                    Caisse de secours et de prevoyance des
                                          marins naviguant sous pavillon "beige/Hulp ­
                                          en voorzorgskas voor zeevarenden onder
                                          Belgische vlag ( Relief ?nd Welfare Fund for
                                          Mariners Sailing under the Belgian I'TLat ) ,
                                          Antwerp
Unemployuent ;
( a) in général ;                         Office national do 1'emploi , Bruxelles/
                                          Rijksdienst voor arbeidsvoorziening, Brussel
                                          (iTational üaploymont Office . Brussels )
(Ъ )    xor mariners ;                    Pool dos marins de la marine marchande/
                                          Pool van de zeelieden ter koopvaardij
                                          ( Merchant ÏTavy Pool ) t Antwerp-
Family "benefit s ;                       Finistère do prévoyance sociale , Bruxelles/
                                          IELnistorio ven sociale voorzorg, Brussel
                                          (Ministry of Social Welfare , Brussols )"
(b) At point G. LUXEMBOURG;
        ( i ) the title of section I shall "be replaced "by the following text :
              " I# Fbr the granting of benefits ;"
      ( ii ) the text of paragraph 1 of section I shall bo roplaoed by the following
              " 1o Sickness , matemity; Caisse nationale d * assurance-maladie des
                                            ouvriers" (national Sickness Insurance rund
                                            for Manual Workers)
     (iii ) The text of paragraph 6 of section I shall be replaced by the following
              "o * Death grants ;
                   ( a) for the purposes
                        of applying
                        /.rticle 60 of
                        the Régulation ; Caisse nationale d* assurance-maladie des
                                          ouvriers" (national Sickness Insurance Pund
                                          for Manual Workers)
 ---pagebreak---                                       14                      V/558/75-E
(b) for other casoss                     the institutions given ui-dcr 1 , £ or 1 ,
                                         depending upon which branch of insurance
                                         is responsible for the payment of benofit
v ) the text of soction IX shall be replaced by the following*
      " II.   OTKER CASSSs               Inspection générale do la sécurité sociale
                                         ( General Inspectorate for Social Security),
                                         Luxembourg"
/inn ex 5 shall be amended as follows :
( a) the following paragraph ( c ) shall be added to point 5 » BJLGIIIII - 17'.'LI':
        "(c ) The Agreement of 12 Jnnurry 1974 for the implementation of
               Article 105(2 ) of the Implementing Regulation."
(b) Point 7 . BHJLGIUT1 - lISTIERLiJTDS shall be amended as follows ?
        ( i ) the text of subparagraph ( a) shall be replaced by the following
              "(a) /articles 2 , 3 » 13j 15 * 25(2 ), 25(l ) and ( 2 ), 27 , 46 and 48
                    of the Agreement of 4 November 1957 on insurance for siclaiess ,
                    maternity, death (grant ), medical treatment and invalidity,
                    and the Agreement of 24 March 1975 revising the afore­
                    mentioned Agreement ,"
      ( ii ) a sruljprixasraph (h) shall be added;
              "(h) The Agreement concluded between the Belgian and Netherlands
                    competent authorities relating to the reimbursement of
                    administrative expenses , made in pursuance of
                    Article 45(2 ) of Regulation Ho 3 and Article 77 of
                    Regulation Ho 4 of the Council of the European Communities."
 ---pagebreak---                                                 15                    V/558/75-E
8.    Annex 10 shall bo amended as follows :                          *
      ( a) the te:ct of paragraph 1 of point E. IKEL/JID shall to replaced "by
              the following?
              "1 «  For tho purposes of applying
                    Articles 6(l ),            X3(2 >
                    and ( 3 ), 14(1 ), ( 2) and ( 3 ),
                    38(1 ), 70(1 ), 85(2 ), 86(2) and
                    91(2 ) of the Implementing                      ,
                    Régulation*                        Department of Social T'elfare ,
                                                       Dublin"
      (b) Point G» LUXSîBOURG is amencUd as fcllows »                              '
              ( i ) in paragraph 2 the vrords "Ministère du Travail et de la
                    sccurite socialo (liinistry of Labour cud Social Security),
                    Luxembourg" shall bo replaced by thb follovjings
                    " Inspection générale de la sécurité sociale ( General
                      Inspectorat e for Social Security) j Luxembourg"
            ( ii ) paragraph 3 shall be dcloted.
          ( iii) paragraphs 4f 5            6 rhali bo remembered paragraphs 3, 4
                    and 5 respectively.
      (c ) The tcrrfc of point I* UlTITED KUTGDOM shall be replaced by the
              following;
                                      " I.  IITITED KHIGDOM
Ibr the purposes of applying Articles
11(1 )» 13(2 ) and ( 3 ), 14(1 ), ( 2 ) and
( 3 ), 38(1 ), 70(1 ), 80(2 ), 8l r
 ---pagebreak---                                    1o                       V/558/75-E
82{2 ) t 85(2), 86(2 )f 91(2 ), ;
102(2) and 110 of the Implementing
Regulation
Great Britain                         Department of Health end. Social
                                      Security – Overseas Group ,
                                                       i        K ' *
                                      Nevrcabt lë-upon-'Ifyné '
Northern Ireland                      Department of Health and Social
                                      Services for northern Ireland -
                                      Overseas Branch , Belfast
 ---pagebreak---                                          17                    V/558/75-E
                                      Азгк_1о1о ^3
This Regulation shall enter into foroe on the dny of its publication in
the Official Journal of the European Conraunities#
However| .Article l(3)(c ) shall "bo applicable as from 6 April 1975 *
This Regulation shall "be "binding in its entirety and directly applicable
in all Member States .
Done at                                            For the Council
                                                   The President