CELEX: 51973PC2174
Language: en
Date: 1974-01-09
Title: Proposal for a REGULATION OF THE COUNCIL amending Regulation (EEC) No 1408/71 and Regulation (EEC) No 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)

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COM (73) 2174
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 ---pagebreak--- COMMISSION OS? THE EUROPEAN COMMUNITIES
                                              COM(73)2174 final
                                              Brussels , 9 January 1974
                                  Proposal for a
                             REGULATION OP THE COUNCIL
    amending Regulation (EEC ) No 1408/71 and Regulation (EEC ) No 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(73 ) 2174 final
 ---pagebreak---                             EXPLANATORY MEMORALfDUM
Article 1 : Amendments to Regulation No 1408/71
Paragraphs 1 and 4 number (?) : Voluntary insurance
       The law of 16 October 1972 on the reform of the German pension scheme
amended , among other provisions , those relating to voluntary insurance . All
persons residing in the Federal Republic and all Germans resident abroad may
pay voluntary contributions provided they are not already compulsorily insured .
The right to voluntary insurance excludes the right to the refund of contri­
butions ( Article 1303 R.V.O ,).
       The amendments to Annex V Section C. Germany are designed to extend the
right to voluntary insurance to nationals of other Member States where these
persons have had certain relations with German insurance .
       The extension of voluntary insurance makes it possible to waive the
limiting provisions of Article 15(3 ), second subparagraph .
       As the new law authorizes payment of voluntary contributions with
retrospective effect from 1 January 195° 1 moreover , this right should be
extended to nationals of other Member States .
Paragraph 2 : Annex III
       IJhen the technical adaptations necessitated by the enlargement of the
Community were being made , no mention was made of the legislation applicable
in Northern Ireland , This amendment is therefore of a purely technical nature .
Paragraph 3 : Annex IV
       The constitutional court of Italy has ruled that the provision of
Article l(a) of decree-law Ho 636 of 14 April 1939 is unconstitutional because
it discriminates between clerical 3taff and manual workers as regards the
determination of a state of invalidity . Under this provision , an insured person
was recognized as an invalid as soon as his earning capacity was reduced by
half in the case of clerical staff or by two-thirds in the case of manual workers .
       Following this ruling , the text of the said provision was amended and now
stipulates that "an insured person is considered as an invalid if his earning
capacity in an employment involving work that he is normally able to carry out
is permanently reduced by at least half as a result of physical or mental
disablement or deficiency ."
       Because of this change in Italian legislation , the tables referring to
Belgium , France and Luxembourg should be amended .
 ---pagebreak---             % numbers ( I , , , ( V Isl JzAlSl x Definit ion of. members of the family
        The expression "member of the funi]y" is not defined in the A^slation
on medical treatment of the new Member States . Hovovut , a definition it-             "
for the purpose of applying Articles 22(l;(a ) and 31 of Une«la+.iwi Uu 140^/71 • -
( members of the family - of a worker or pensioner – residing in one of these
Member States and staying temporarily in another Member State where they are
in need of benefits in kind ) because the definition of Article l(f ) of Regu­
lation No 1403/71 refers back to the legislation of the country of residence .
        For the United Kingdom , it is proposed to make a reference to the laws
on national insurance and accidents at work which , for the grant of cash bene­
fits , give a definition of the concept of "dependants ".
        As regards Ireland , the Health Acts of 1947 to 1970 only use the
expression " adults and their dependants ". The term "dependant " is not defined .
Only health service officials may determine whether a person should be considered
a dependant , although their decision may be subject to appeal before a tribunal .
        In Denmark , benefits in kind are provided for by three different laws ,
viz . :
1 ) the law on public health which governs the grant of sickness benefits other
    than those provided by hospitals and other than prostheses 5
2 ) the lav; on hospitals which regulates the provision of benefits in hospitals 5
3 ) the law on rehabilitation which governs the grant of prostheses .
        As a definition of "members of the family " is only given in the law on
public health , this law should be referred to for all benefits in kind to be
granted in case of stay in another Member State .
Paragraph 4 numbers ( l ) t ( 3)(c ) and ( 5 ) : Benefits of the same kind
        In the United. Kingdom a widow 's pension is converted into an old age
pension when the person concerned reaches retirement age . As rules on the
prevention of overlapping of benefits differ from country to country , a widow
may in certain countries receive an old age pension together with a widow 's
pension ! i-n other countries , the widow 's pension is converted into an old age
pension of the same amount , and in Ireland the widow retains her entitlement
to a widow 's pension unless she is entitled to a higher old age pension . The
same problem arises in Denmark , not only as regards widow 's and old age pensions
but also for invalidity pensions . As the age of retirement also differs from
country to country , irregularities may arise which would in many cases lead to
a different spreading of the costs of benefits and a reduction of benefits due
to widows or invalids which were not intended by the drafters of the
Regulations , In order to avoid such divergencies , a paragraph should be
included in Annex V , specifying that these pensions are considered as benefits
of the same kind within the meaning of Article 12(2 ) as regards the three
countries in question .
 ---pagebreak--- Paragraph 4 number ( 3 ) : Medical treatment - Ireland
        The text at the "beginning of paragraph 3 should "be harmonized with that
of paragraph 4 appearing under the section on Denmark . Furthermore , the reference
to Article 19(2 ) of the Regulation should be deleted ; a new paragraph 3a ( see
below) will regulate the case of members of the family of a worker subject to
the legislation of a Member State other than Ireland who are resident in
Ireland ,
        The new paragraph 3a enlarges upon the provision of the new second
subparagraph of Article 19(2 ) of the Regulation . Irish legislation on medical
treatment differs from Danish and United Kingdom law , which also apply to all
residents , in that the extent of entitlement to benefits varies considerably
with the earnings of residents .
        In Ireland , residents are divided into three categories ;
– the first category comprises residents with low incomes who are entitled to
   all medical treatment free of charge ;
• the second category comprises res idants with medium-level incomes who are
   entitled to free medical treatment provided in hospitals ;
- the third category comprises residents whose annual earnings exceed £ 1 600
   and who only enjoy very limited rights to specific benefits ( for tuberculosis ,
   and for children in case of serious protracted illness , e.g. mental illness ).
        The application of Article 19(2 ), subparagraph 2 ~ which , it should be
remembered , is based on the principle that benefits provided to members of the
family due only under the legislation of the country of residence are payable
hy the competent institution – would mean that disparities in the scope of
entitlement , arising from the application of Irish legislation , would continue
to exist for these members of the family even though , in certain cases , they
could enjoy much broader rights because of the worker 's being subject to the
legislation of another Member State if they resided in the territory of that
State .
        Such a situation would run counter to the object of paragraph 3 , included
in the technical adaptations appearing in Annex I of tho Treaty of Accession1 / f
viz . to guarantee , free of charge , in particular to the members of the family
of all workers subject to the legislation of a Member State other than Ireland ,
any such form of medical treatment as is provided for by Irish legislation .
Although this paragraph 3 was worded in such a way as to take account of the
amendments made to the chapter on sickness and maternity , its application would
not have the desired effect in the particular case of these members of workers'
families because Article 19(2 ), second subparagraph , takes account of the
pursuit of a professional or trade activity by the mother or the person in charge
of the children .
X '0J L 73 , 27 March 1972 .
 ---pagebreak---         As it has proved impossible to include all the necessary details in
Ai-ticlo 19 (?-), second subparagraph , without making that provision rather
burdensome , it is proposed to add a new paragraph 3a after paragraph 3 of
Annex V , Ireland . This provision first of all lays down the general principle
according to which the members of the family of a worker subject to the
legislation of a Member State other than Ireland who are residing in Ireland
are entitled to medical treatment to the same extent as residents belonging
to the first aforementioned category . Secondly , it lays down the principle
that the benefits thus provided should be payable by the institution with
which the worker is insured . Finally , it regulates the special case of sharing
of the cost of benefits where the mother or the person in charge of the
children pursues a professional or trade activity in Ireland ; in the latter
case , as the general principle is always applicable , the benefits provided to
members of the family belonging to the first category remain fully payable by
the Irish institution , while the cost of benefits provided to members of the
family belonging to the third category are payable by the competent institu­
tion because the right to benefits for such cases iuust be regarded as arising
from the worker 's being subject to the legislation administered by the latter
institution . As regards the members of the family belonging to the second
category , the amount of benefits provided that would be due to them under
Irish legislation only , remains payable by the Irish institution while the
cost of benefits which , under that legislation , are only stipulated for
members of the family belonging to the first category and which are actually
provided to them , are chargeable to the competent institution .
Parapra^h 4 number (À): Luxembourg
        The law of 3 September 1972 , which was designed to amend various
provisions of the laws on contributory pension schemes in Luxembourg , made the
grant of the fixed part payable by the State and the separate municipalities
subject , in addition to the condition of a minimum qualifying period of five
years of insurance , to a minimum period of residence in Luxembourg of
l80 months . It should be noted that although a condition of residence was
added for entitlement to the fixed part , the qualifying period for entitlement
to an old age pension was reduced . The qualifying period used to be as follows :
a) 10 years under the scheme for manual workers
b ) 60 months under the scheme for clerical staff in the private sector , if the
    qualifying period was completed at the age of 5>% li* not , the required
    period of 60 months was increased by the number ox months leading up to the
    age of 60 .
        An insured person who has not satisfied the condition of residence but
who has completed the qualifying period - account being taken , where appro­
priate , of the provisions of international conventions and regulations - is
entitled to the fixed part by reference to the number of months of actual
residence in proportion to the total number of months of residence required
for the grant of the full fixed amount . These new provisions , which entered
into force on 1 October 1972 , would deprive those workers of entitlement to
the fixed part who are employed in the Grand Duchy without being resident
there , i.e. in particular frontier and seasonal workers . The additional pro­
vision proposed for Annex V is designed to remedy this situation by stipula­
ting that , for the aforementioned categories , insurance periods under
Luxembourg legislation should be treated as periods of residence in Luxembourg
for the purpose of awarding the fixed part .
 ---pagebreak---   Paragraph 4. number ( 5 ) Ho 10 : Hon-application of the provisions of
  Article 4-6(2 ) and ( 3.). to United Kingdom graduated pensions
         Graduated pensions were first introduced in the United Kingdom in 1961 .
  The amount of this pension , which is relatively low , is directly linked to the
  amount of contributions paid but d.oes not depend on insurance periods which
  servo as the basis for the calculation of pensions under Article 46 of the
  Regulation-. Moreover , the payment of graduated contributions does not always
  coincide with the payment of contributions for the normal flat-rate pension .
  On the one hand , workers with low wages do not pay graduated contributions and ,
  on the other hand , some widows and many married women only pay graduated con­
  tributions because they have the right not to pay flat-rate contributions
  though they are obliged to pay graduated contributions .
         Under the bilateral social security agreements in force until the date
  on which the Regulations became applicable in the United Kingdom (l April 1973 ) 1
  the graduated pension was therefore not subject to pro rata temporis calcula­
  tions and the United Kingdom paid the full amount .
         As it is physically impossible to calculate a theoretical amount for
  these elements of the pension and to determine the periods to which the contri­
  butions paid, correspond , Article 46(2 ) could not bo applied to graduated pensions .
  As for the application of Article 46(3 ) f bearing in mind that entitlement to a
  graduated pension is always acquired xvithout aggregation , this graduated pension
  could always be reduced , even if entitlement to the flat –rate pension would only
  be acquired by taking insurance periods completed in another Member State into
  consideration .
         In the latter case , the reduction could only be applied to the graduated
  part of the pension due under United Kingdom legislation . As the amount of bene­
  fits involved is quite low (£ 1.50 per week a:fter ten contribution years ) it
  would not be appropriate to apply a reduction by reason of Article 46(3 ) to the
  graduated part of the pension .
         Besides , if the plans of the British Government are adopted , the
  graduated pension scheme v;ould cease to exist by 1975 *
         For the above reasons , paragraph 10 of Annex 7 section I United Kingdom
, specifies that Article 46(2 ) and ( 3 ) of the Regulation do not apply to graduated
  retirement benefits .
 ---pagebreak--- Paragraph A                 A~ '• Earn in ,?s to be taken into account_ for the
calculation ox earnings-related benefits inthe United     ixea Kingdom
                                                               Mngaon
        Article 23(l ) and Article 6C(l ) of the Regulation deal with the calcu­
lation of' earnings-related "benefits in case of sickness or unemployment . These
Articles were included for schemes under which benefits are wholly linked to
wages and the rate of short –tern benefits is determined by reference to the
recent earnings of the person concerned . United Kingdom graduated benefits are
supplements to flat-rate benefits and the amount of such supplements does not
depend on the wage earned during the last employment but on the average
earnings received during a tax year which may precede the acquisition of
entitlement by more than two years . The same applies to temporary widow 's
benefits in pursuance to Article 47 of the Regulation .
        If Articles 23(l )» £1 and 53(l ) of the Regulation were applied for the
calculation of United Kingd.om graduated, benefits , workers newly arrived in
the United Kingdom would , after having worked there for four weeks , be
entitled to benefits the amount of which would, be substantially higher than
those due to workers who have stayed in the United Kingdom for , say , two years ,
due to the rise in wages and salaries occurring each year . It would therefore
be necessary to calculate , for periods of employment completed in another
Member State , " earnings credits 1' for the tax year in question , which would to
some extent correspond, to the earnings the worker would have received, in the
same period had he been employed, in United Kingdom territory .
        The " earnings credits " would be the average weekly earnings correspon­
ding to the average weekly rate of the earnings-related supplement fixed for
all recipients by the Government Actuary for the current earnings-related
benefit year .
        The United Kingdom has undertaken to forward each year to the
Administrative Commission a note netting out the calculation method followed
by the Government Actuary .
        The Government Actuary of the United Kingdom has calculated the average
weekly earnings to be credited for the benefit year ending on 31 December 1973
as follows :
                                        Sickness and unemployment      VJiaow s supplementary
                                                    benefit                   allowance
        Men                                   £  26   per week
        Women                                 £  17   per week              £  26  per week
  Based on husband 's earnings .
 ---pagebreak---        In his report the Government Actuary commented as follows :
       "The amounts are obtained as follows . Statistics are available for recent
periods ( June 1970 "to May 1971 for sickness benefit and later periods for other
benefits ) giving distributions 'of the number of persons receiving supplements
according to the rate of the supplement . These rates have been adjusted to allow
for changes in earnings . levels and also any changein the range of earnings on
which benefit is based-W , and the average amount of benefit expected to be paid
in the relevant benefit year has been calculated . The averages for sickness and
unemployment benefit have been combined in proportion to the amount spent on
the supplement to each of these benefits . Finally the earnings which would give
rise to these benefits have been calculated ,"
Point 4 p_ar.agrapA ( s ) Kb 14 : Appli cation of the RG^lation to Gibralt ar
       Under Article 227(4 ) of the Treaty of Rome , the Regulations also apply
to the territory of Gibraltar , The legislation of that territory is virtually
identical to that of the United Kingdom . However , certain non-contributory
benefits provided for by that legislation are provided outside that territory
only to British subjects and persons domioiled in Gibraltar . As the term
"domicile " is not used in the Regulations and as it does not have the same
meaning as "residence ", a provision should be included in Annex V so as to
ensure that the benefits in question can be exported to workers of the Member
States who are not domiciled in Gibraltar t by treating residence in a Member
State as equivalent to domicile in Gibraltar .
Paragraph .3.
       When the English version of Regulation No 1400/71 was drawn up and
subsequently published , 0 evcral technical errors crept into the text . The
relevant amendment s therefore apply to the English text only . These corrections
are of a typographical and linguistic nature .
^The range    of earnings on which the supplement is calculated was changed in
  September 1971 and October 1972 , .
 ---pagebreak---  Artici c 2 : Amendaents to Regula'tion No 574/ 72
 P_araj^rap_hs 1_ and 2 ; V o_luntaiy insurance
           Cf. under Article l(l ) and ( 4) number ( 2 ).
 Paragraph 3 . para_groph 4Lf) » parajrraph 5(b ), para-graph 6 and paragraph 8 :
 Apjpl.i cat i on of the Rcjgulat 1,0ns 1 0 J^jbralt ar
           Cf , under Article 1 ( 4 ) number ( 5 ) Ho 14 .
 ParaOTaph 4(a)i_Cb)i_ ( c ) . par-vrraph 5 ( a) , pararraph 9 : Sicknoss insurance ( Germany )
           The law . of 10 August 1972 on sickness insurance for farmers abolished
 the "Landlrrankenkassen1' (Rural Sickness fund's ) with effect from 1 October 1972
 and replaced them by "Lanawirtschaftliche Krankenkasseir' ( Agricultural Sickness
 funds ). The latter funds also fall within the scope of the Regulations because
 they come under the general sickness insurance scheme which mair.ly covers
 employed persons . The amendments to the Annexes arc designed to take account
 of this change . Other amendments are included to rectify certain translation
 errors or misprints ,
_Pg.ragrap.h_ A( A)..* Insurance against ^ac cidents, at work ( France )
           Law No 72-969 01 25 October 1972 relating to insurance for agricultural
 workers against accidents at work and occupational diseases made insurance
 against these risks compulsory for persons employed in agriculture ^ the
 "Caisses de mutuality sociale agricole " ( Agricultural Social Insurance Mutual
 Benefit funds ) arc responsible for this scheme , Thus , the former scheme in this
 field was drastically changed . The new law entered into force on 1 July 1973 »
 which make3 it necessary to make certain amendments to Annex 2 of the Regulation ,
 Paragraph /l( e ) î Sickness insurance for pensioners ( Luxembourg)
           The Luxembourg Government has designated the "Caisse nationale d'assurance
 rialadie des ouvriers :r ( National Sickness Insurance Fund for Manual Uorkers ) as
 the institution competent for the implementation of Articles 28(2 ) and 66 of
 Regulation Ho 1403/71 :; Annex 2 of Regulation No 574/72 should be adjusted
 accordingly .
 Paragraph 7. ' Procedure, _for Pj^yTient of_bcnefit s ( Germany)
           The purpose of this amendment is to reduce administrative costs at
 national level .
 Paragraph 10 : Aiinqx 10
           The purpose of this amendment is to make the wording of the relevant
 passages clearer .
 ---pagebreak--- Article .3 ? Entry into force
        1 April 1973 was chosen sis the date of entry into force because it was
 judged desirable to simplify the administrative process , as the Regulations are
applicable in the new Member States as from that date . It would not be very
wise to impose several different dates of entry into force upon the Member
States' national administrations for the different Articles and Annexes of the
Regulations .
        However , as the Regulations have been in force since 1 October 1972 in
dealings between the Member States of the Community as originally constituted ,
the corrections of misprints and translation errors will take effect on
1 October 1972 .
        The amendments made necessary by changes in national legislations will
enter into force on the same dates as the laws in question .
 ---pagebreak---                                  Proposal for a
                          REGULATION (EEC ) OP THE COUNCIL
amending Regulation ( EEC ) No 1408/71 and Regulation (EEC ) No 574/72 on the
application of social security schemes to employed persons and their families
moving within the Community * - .                           1
THE COUNCIL OP THE EUROPEAN COMMUNITIES , ■
HAVING REGARD to the Treaty establishing the European Economic Community ,
and in particular Articles 2 , 7 and 51 thereof ;
HAVING REGARD to Regulation (EEC ) No 1403/71 of the Council of 14 June 1971
on the application of social security schemes to employed persons , and their
families moving within the Community        last amended "by Regulation ( EEC )
No 2864/72 2 ) f and in particular Articles 95 and 97 thereof;
HAVING REGARD to Regulation (EEC ) No 574/72 of the Council of 21 March 1972 3)
fixing the procedures for implementing the abovementi6ned Regulation (EEC )
No 1408/71 , last amended "by Regulation ( ETC ) No 878/73 4), and in particular Article 121
                                                                                  thereof ;.
HAVING REGARD to the proposal of the Commission , drawn up after the
Administrative Commission on Social Security for Migrant Workers had been
consulted }
HAVING REGARD to the Opinion of the European Parliament 5
WHEREAS the abovementioned Regulations' (EEC ) Nos 1408/71 and 574/72 entered
into force on 1 October 1972 and have been applicable in the new Member States
from 1 April 1973 ;
WHEREAS , on the one hand , certain national laws have been amended since these
dates and , on the other hand , e:rperience has revealed certain gaps in the
Community Regulations ,                            "    <      ■
HAS ADOPTED THIS REGULATION :                                        •
X '0J No L I49 , 5 July 1971 , p. 2 .
^OJ No L 3061 31 December 1972 , p.l .
3^0J No L 74, 27 March 1972 , p.l . -
4^0J No L 86 , 31 March 1973 , p.l .
 ---pagebreak---                                          Article 1
Reputation ( ESC ) No 140C /7I shall be amended as follows :
1 . Article 15(3 ) » second subparagraph , shall be deleted .
2 . Annex III point I , United Kingdom shall be amended as follows :
     "United Xingdom
        The law of 14 July 1971 on invalidity benefits "
     • ITorthern Ireland
        The law of 16 July 1971 on invalidity benefits "
3 . Annex IV shall be amended as follows :
     In the table for Belgi•urn , the word " concordance " appearing in the section
     " Italy " in the column " general scheme " shall be replaced by the words
     "no concordance ".
     In the table for France , the word " concordance " appearing in the section
   .."Italy " in the first , fourth and seventh columns shall be replaced by the
    words "no concordance ".
     In the table for Luxembourg , the word " concordance " appearing in the
     section " Italy " under the heading "Workers' Invalidity - manual workers "
     shall be replaced by the words "no concordance ".
4 . The following amendments and additions shall be made to Annex V :
     1 ) The following paragraphs shall be added after paragraph 9 of point B ,
          Denmark :
          " 10 . In order to determine the right to benefits in kind in application
            of Article 22(l )( a ) and of Article 31 of the Regulation , the expression
            "member of the family " means any person considered as member of the
            fanily under the law on public health .
            11 . For the purposes of applying Article 12(2 ) of the Regulation to
           Danish legislation , invalidity , old age and widow 's pensions shall be
            considered as benefits of the same kind ."
     2 ) The following paragraphs shall be added after paragraph 7 of point C.
          Germany :
          "8 . Article 1233 of the German law on social insurance ( RVO ) and
            Article 10 of the law on insurance for clerical staff ( AVG ) amended
           by the law of 16 October 1972 reforming the pension scheme , which
            govern voluntary insurance under pension insurance schemes , shall
            apply to nationals of other Member States and to stateless persons
            and refugees according to the following rules :
            Where the general conditions are satisfied , voluntary contributions
           may be paid for German pension insurance
            a ) if the person concerned is domiciled or resident in the territory
                of the Federal Republic of Germany :
 ---pagebreak---    b) if the person concerned is domiciled or resident in the territory
         of another Member State and previously , at any time , belonged to
         German compulsory or voluntary pension insurance ;
    c ) if the person concerned is a national of another Member State and
         is domiciled or resident in the territory of a third country and
         has paid contributions for German pension insurance for at least
         sixty months or could join voluntary insurance under the transitional
         provisions previously in force and provided he is not ccmpulsorily
         or voluntarily insured under the legislation of another State *
   9 . The Regulation shall not affect the provisions of Article 51(a)(2 )
   of the law' reforming the pension scheme for manual workers ( ArVlTG ) or
   the provisions of Article 49(a)(2 ) of the       law reforming the pension
   scheme for clerical staff ( AriVITG ) amended    by the law of 16 October 1972
   reforming the pension scheme . The persons       who , under paragraph 8(b ) and
    ( c ), may join voluntary insurance may pay     contributions only in respect
    of periods for which they have not yet paid contributions under the
   legislation of another Member State ."
) Point E. Ireland :
  a) The text of paragraph 3 shall be replaced by the following texts
        "Workers , applicants for pensions and pensioners together with the
         members of their families referred to in Article 19(l )«
         Article 22(l ) and ( j ), Article 25(l ) and ( 3 )» Article 26(l ),
         Article 28a , Article 29 and Article 31 of the Regulation , who are
         residing or staying in Ireland , shall be entitled , free of charge ,
         to any such form of medical treatment as is provided for by Irish
         legislation , where the cost of this treatment is payable by the
         institution of a Member State other than Ireland ."
  b ) The following paragraph 3a shall be added after paragraph 3s
        "The members of the family of a worker who is subject to the legis­
         lation of . a Member State other than Ireland and who satisfies the
         conditions laid down by that legislation for entitlement to bene­
         fits , account being taken , where appropriate , of Article 18 of the
         Regulation , shall , if they are resident in Ireland , be entitled ,
         free of charge , to any such form of medical treatment as is provi­
         ded for by Irirh legislation .
         The cost of such treatment shall be payable by the institution ,
         with which the worker is insured .
         However , where the spouse of the worker or the person in charge of
         the children pursues a professional or trade activity in Ireland ,
         the benefits provided to the members of the family shall remain
         payable by the Irish institution in so far as the right to the
       . said benefits is acquired under Irish legislation only ."
 ---pagebreak---     c ) The following paragraphs shall be added after paragraph 4s
         "5 . In order to determine the right to benefits in kind in appli­
          cation of Article 22(l)(a) and of Article 31 of the Regulation ,
          the expression "member of the family"1 means any person recognized
          as a dependant of the worker for the purposes of the Health Acts
          1947-1970 .
          6 . For the purposes of applying Article 12(2 ) of the Regulation to
          Irish legislation , invalidity , old age and widow 's pensions shall
          be considered as benefits of the came kind ."
4 ) Point C. Luxembourg :
    The text of this section shall be preceded by the figure 1 .
    After this paragraph , the following paragraph 2 shall be added :
    "For the granting o ^ the fixed part of Luxembourg pensions , insurance
     periods completed under Luxembourg legislation by workers not residing
      on Luxembourg territory shall , as from 1 October 1972 , be treated as
     periods of residence ."
5 ) Point I. United Kingdom :
    The following paragraphs shall be added after paragraph 9s
    " 10 . For the purposes of implementing the provisions of Title III
     Chapter 3 of the Regulation , no account shall be taken of graduated
      contributions paid by the insured person under United Kingdom legis­
      lation or of graduated retirement benefits payable under that legis­
      lation . These benefits shall be added to the amount of benefit due
     under the said legislation , determined in accordance with the
     provisions of the said Chapter , to constitute the benefit actually
     due to the person concerned .
      11 . For the purpose of calculating the earnings for the granting of
     the earnings-related supplement provided for by United Kingdom legis­
      lation , in particular for cash benefits in respect of sickness ,
     unemployment benefits and temporary widow 's benefits , an amount shall ,
      in derogation from Articles 23(l ), 47 and 68(l ) of the Regulation , be
      credited to the person concerned for each week of activity completed
      as a worker und.er the legislation of another Member State during the
     tax year in question , equal to the amount of average weekly earnings
      corresponding to the average weekly rate of the earnings-related
      supplement which , according to the estimates , are payable to a male
      or female worker respectively during the current benefit year .
      12 . In order to determine the right to benefits in kind in application
      of Article 22(l)(a ) and of Article 31 of the Regulation , the expression
      "member of the family" means any person considered as a dependant within
     the meaning of the National Insurance Act or of the legislation on
      accidents at work of the United Kingdom .
      13 . For the purposes of applying Article 12(2 ) of the Regulation to the
      legislation of the United Kingdom , invalidity , old age and widow 's
      pensions shall be considered as benefits of the same kind .
      14 . For the purposes of implementing the Non-Contributory Social
      Insurance Benefit and Unemployment Insurance Ordinance ( Gibraltar ),
      any person to whom the Regulation is applicable shall be deemed to be
      domiciled in Gibraltar if    he resides in a Member State ."
 ---pagebreak--- The English text of the Articles mentioned below shall be amended as .
follows :
( 1 ) In Article 14(l)(b ), fifth line , the word "its " shall be inserted
      before " own account ".
( 2 ) In Article 38(2 ), third to fifth lines , " in an occupation which is
      subject to a special scheme , > or where appropriate ", shall be substi­
      tuted for "in an completion of insurance periods shall taice account
      to where appropriate " ( of. Article 45(2 )).
( 3 ) In Article 45(2 ), first line )       „ „          „ .
                    ( 3 )» first line )                      '
                    ( 2 ), seventh line , for "bei " . read "be " 5
                    ( 3 ), seventh line , for "ist " read "is ";
                    ( 3 ), eighth line , for "stil " read "still ";
                    ( 3 ), thirteenth line , for "bedeemed" read "be deemed".
( 4 ) In Article 47(3 ),   sixth line , after "residing" the words " in the
      territory of another Member State as if they were residing" shall be
      inserted .
( 5 ) In Article 57(2 ), third line , for "conditions " read "condition".
( 6 ) In Article 58(2 ), fourth line and following , the text from "shall
      determine (.*.)" to the end shall be deleted and replaced by '.'shall
      take account exclusively of the standard wage or salary or , - where
      appropriate , the average of the standard wages or salaries correspon
      ding to the periods completed under the said legislation".
( 7 ) In Article 7l(l)(a)(ii ) , sixth line , a, comma shall be inserted after
      the word " employed 7*.
( 3 ) In Article 75(l)(a)» twelfth line , the words "or situated" shall be
      deleted and the word " or " shall be inserted between " staying" and
      "residing".
 ---pagebreak---                                        Article 2
Regulg-tion (^EC ) No 574- /75 shall be amended as follows :
1 . Article 12(2 ) shall be deleted .
2 . Article 46(3 ) shall "be deleted .
3 . The following shall be added to Annex 1 :
    I. United Kingdom : a point j shall be added after point 4 » reading as
    follows :
    "The Director , Department of Labour and Social Security , Gibraltar ."
4 . The following amendments and additions shall be made to Ainie^c 2 :
    a) Point C - Germany - under 1 . Sickness Insurance : before the words "For the
        purposes of applying Article 25(l ) of the Regulation", the following para­
        graph shall be included :
        "For the purposes of applying            : Allgemeine Ort skrankenkas s e ( Local
          Article 13(2)(d ) of the Regulation       General Sickness Fund ) of the place
                                                    of residence of the worker
         where the worker is resident in         : Allgemeine Ortskraakenkasse Bad Godes
                                                                                       God -
         the territory of another Member            berg ( Local General Sickness Fund , Bad
          State                                     Godesberg) , Bonn - Bad Godesberg .
         However , if the members of the         :: The
                                                    The institution
                                                        institution with
                                                                     with which
                                                                          which these
                                                                                 these
          family of the worker were , before        members of the family are insured ."
          being called up or recalled for
          service in the armed forces , in­
          sured with a German institution in
          accordance with Article 17(l ) of
          the Implementing Regulation
    b ) In point C - Germany - under 1 . Siclcaess Insurance , subparagraph a ), the
        words " or with a LancLkrankenkasse ( Rural Sickness Fund )" shall be deleted .
    c ) In point C – Germany , the title and introductory subparagraph of
        paragraph 2 shall be worded as follows :
        " Pension insurance for manual workers , clerical staff and miners : for the
          determination of claims to benefits and of admission to voluntary
          insurance during the procedure of awarding benefits and for the grant
          of benefits pursuant to the provisions of the Regulation :"
 ---pagebreak--- d) Point D - France
    ( l ) The text under 2 shall be replaced "by the following text ;
          "2 . For the purposes of applying
           Article $6 of the Implementing
           Regulation
           a) général scheme                     Caisse nationale de l' assurance mala­
                                                 die (national Sickness Insurance
                                                 Fund) , Paris
           b ) agricultural scheme               Caisse de mutualité sociale agricole
                                                 ( Agri cultural Social Insurance
                                                   Mutual Benefit Fund)
           c ) miners' scheme                    Caisse autonome de sécurité sociale
                                                 dans les mines ( independent Social
                                                 Security Fund for Miners ), Paris
           d) mariners' scheme                 : Etablissement national des invali­
                                                 des de la marine (national Insti­
                                                 tution for Disabled Mariners ). Paris
    ( 2 ) The text under 4 , l(b)(iii ) shall be replaced by the following text :
          "( iii ) Accidents at-, work :     .
                   aa) as a general rule       : The employer or the insurer acting
                                                 in his stead, for accidents occurring
                             * .                 before 1 July 1973
                                                 Caisse de mutualité sociale agricole
                                                 ( Agricultural Social Insurance
                                                   Mutual Benefit Fund). for accidents
                                                 occurring after 3Q June 1973
                   bb ) for pension increases : Caisse des dâpSts et consignations
                                                 ( Deposit and Consignment Office ),
                                                 Arcueil ( 94 ) for accidents occurring
                                                 before 1 July 1973
                                                 Caisse de mutualité sociale agricole
                                                 ( Agricultural Social Insurance Mutual
                                                   Benefit Fund ) for accidents occurring
                                                 after 30 June 1973 "
e ) Point G - Luxembourg;
    ( 1 ) Sickness , maternity : the text under a) shall be replaced by the ;
          following text :
          "a) for the purposes of applying Caisse nationale d' assurance mala-
           Article 28(2 ) of the Regulation : die des ouvriers (national Sickness
                                                 Insurance Fund for Manual Workers )"
    ( 2 ) The text under 6 . Death grants shall be replaced by the following
          text :
          "For the purposes of. applying         Caisse nationale d'assurance mala-
           Article 66 of the Regulation        : die des ouvriers ( National Sickness
                                                 Insurance Fund for Manual Workers )"
f) At Point I - United Kingdom , under 2 - Cash benefits , the following text
    shall be added at the end :
    "Gibraltar            Department of Laboiir and Social Security , Gibraltar"
 ---pagebreak--- 5#-- The following amendments and additions shall be made to Annex 3 :
     a) Point G - Germany :
          – under l(a ) and 2(a) the words " or , in the absence of such a fund , The
            competent Landkrankenkasse ( Rural Sickness Fund ) of the place of
            residence or place of stay of the person concerned " shall "be deleted .
         - under l(b ) the words "with a " Landlcrankenkasse" shall "be replaced by
            the words "with a Landwirtschaftliche Krankenkasse ( Agricultural
            Sickness Fund )",
         – under l.(c ), only in the German text , the word "Arbeitnehmer " shall be
            replaced by the word "Arbeit er ".
     b ) At Point I - United Kingdom , the following shall be . added -under 2 - Cash
         benefit® , at the end :
          "Gibraltar          Department of Labour and Social Security , Gibraltar ".
6 . The following shall be added to Annex 4 :
     At Point I – United Kingdom , the following shall be added at the end :
     "Gibraltar          Department of Health and Social Security ,
                         Overseas Group , Newcastle-upon-Tyne".
7 » Annex 6 shall be amended as follows :
     Point C – Germany
     The text under 2 shall be replaced by the following text :
     "a ) dealings with Belgium , Denmark , France , Ireland , Luxembourg and
           the United Kingdom                        : direct payment
    ■ b ) dealings with Italy and the Netherlands : payment through the liaison
                                                       bodies ( joint implementation
                                                       of Articles 53 to ?8 of the
                                                       Implementing Regulation and of
                                                       the provisions set out in
                                                       Annex 5 )»"
8 , The following shall be added to Annex 7 J
     At Point I - United Kingdom , the following shall be added at the end :
     "Gibraltar         Barclays Bank , Gibraltar ",
9 . Annex 9 shall be amended as follows :
     At Point . C – Germany , the following subparagraph under 1 and 2 shall be
     deleted and the numbering of the subparagraphs following shall be adjusted
     accordingly :
     "( b ) Landkrankenkassen ( Rural Sickness Funds )",
 ---pagebreak--- 10 . Annex 10 shall be amended as follows :
     Point C - Germany :
     The text under 6 shall "be replaced "by the following text :
     "6 . For the purposes of applying : a) family allowances provided to a
      Article 9l(2 ) of the Implementing        person in respect of an orphan :
      Regulation                                the Arbeit saint ( Employment Office ),
                                                Nürnbergs
                                            b ) pension supplements in respect of
                                                children under legal pension
                                                insurance schemes : the pension
                                                insurance institutions for manual
                                                workers , for clerical staff and
                                                for miners , designated as competent
                                                institutions in Annex 2 , Section C(2 )",
 ---pagebreak---                                   Article 3
This Regulation shall enter into force on the day of its publication m the
Official Journal of the European Communities .
It shall "be applicable from 1 April 1973 , with the exception of
– Article 15 and. Annex V point C – Germany of Regulation (EEC ) No 1403/71
  and Article 46(3 ) of Regulation No 574/72 , which shall be applicable from
  19 October 1972 in dealings between the Member States of the Community as
  originally constituted ;
– Annex V point G – Luxembourg of Regulation ( EEC ) No 1408/71 , Annexes 2 , 3
  and 9 point C – Germany and Annex 2 point G – Luxembourg of Regulation
  ( EEC ) No 574/72 , which shall be applicable from 1 October 1972 in dealings
  between the Member States of the Community as originally constituted ;
– Annex 2 point D – France of Regulation (EEC ) No 574/72 , which shall be
  applicable from 1 July 1972 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at
                                          For the Council ,