CELEX: 51981PC0615
Language: en
Date: 1981-10-28
Title: Proposal for a COUNCIL REGULATION (EEC) extending Regulation (EEC) No 574/72 to self-employed persons and members of their families (submitted to the Council by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81 ) 615 final.
                                                Brussels - 28 October 1981
                             Proposal for a
                          COUNCIL REGULATION ( EEC )
       extending Regulation ( EEC ) No 574 / 72 to self-employed persons and
       members of their families
               ( submitted to 'the Council by the Commission )
                                                 ,i i i i l I i i . / a
                                          xv-
                                             V
C0M(81 ) 615 final
 ---pagebreak---                                                            ££rvv*
                                         - 1 -                              ν   . ..
                                 EXPLANATORY MEMORANDUM .
  Introduction                                                ^
                                                        1
  1.' Regulation ( EEC ) No 1408/ 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 and Regulation ( EEC ) No 574 / 72
        of the Council of 21 March 1972 laying down the procedure for
•               »•                                             ~                     .
        implementing Regulation No 1408/ 71 are at present applicable only
        to employed persons .         -
  2. In its Proposal of 31 December 1977^/ the Commission proposed as
        a first step that Regulation No 1408/ 71 be adapted with a view to
         its application            to self-employed persons and members of their
    ' . families . Following the Opinions delivered by the European Parliament ,
        and the Economic and Social Committee, the Commission amended its
                   4
        Proposal so that it would also cover non-employed persons .
  3.    On 12 May 1981 , the Council adopted a Regulation extending Council
        Regulation No 1408/ 71 to self-employed persons . The Council was unable
        to adopt the Commission 's proposals / •/ ' relating to the coverage
        of non -employed persons owing to differences of opinion concerning            -
        the scope of the EEC Treaty and the use of its Article 235 .          ,
  Ana l^si_s_of_the_extens2on_of _Regu^at j_on_No_14Q8/71_to_self ~emglo^ed_gers°n s
  4 . The effect of Regulation ( EEC ). No '1390 is to extend to self-employed
        persons the majority of provisions, applicable to employed persons ^
        taking account where necessary of peculiarities resulting from the
        nature of the occupational activities and of the characteristics of ""
        the relevant social security schemes .         should 'be noted here that      '■
        this extension also covers workers who have been successively engaged
         in employed activities and self-employed activities .
   ? O.J , No L 149 of 5.7.1971 ( codified version : L 138 of -9.6.1980)
   _ O.J. No L       74 of 27.3.1972 ( codified version : L 138 of 9.6.1980 )
   f O.J. No C 14 of 18.1.1978
   \ O.J. No C 246 of 17.10.1978
       Council Regulation ( EEC ) No 1390/ 81 - 0.J . No L 143 of 29.5.1981
 ---pagebreak--- 5.   The provisions of Regulation No 1408/ 71 relating to the payment of
     family benefits for family members residing in a Member State other
     than the country of employment are not applicable to self-employed
     persons . Profound differences of opinion between the Member States
     concerning the standardization of the system for employed persons
     prevented the Council from applying the provisions at present in
     force to self-employed persons and from laying down special
     arrangements .
6.   In spite of this shortcoming ,, the extension of Regulation No 1408/ 71
     to self-employed persons constitutes an extremely important step
     towards the social protection of all persons who ,, for professional
     or other reasons , move within the Community ,, Only certain categories
     of non-employed persons who are not family members of an employed or
     self-employed person and who cannot give evidence of occupational
     activities are still excluded from the Community rules and regulations .
     The Member States have stated that they will- take the necessary measures
     at national level to ensure that such persons are covered by sickness
     insurance in the: case of.. a temporary stay in another Member State .
Anal ysis of the Proposa l for a Regulation
7„   Regulation ( EEC ) No 574 / 72 lays down the procedure for implementing
     Regulation No 1408/ 71 , An effective' implementat ion of the provisions
     of Regulation No 1408/ 71 to self-employed persons consequently calls
     for the , necessary amendments to be made to Regulation No 574 / 72 .
     This is the purpose of this Proposal,, The purpose of this proposal is
     th,us essentially technical and does not present any particular diffi­
     culties .
                                                *
8.   The only point to w,hich attention needs to be drawn concerns the absence
     of measures for the application of Article 14c(1)(b ) of the amended Regu
      lation No 1408/71*' .     .   ■                                      '
   See Article 1(8) of Regulation No 1390
 ---pagebreak---                                        - 3 -
                    t
     Under this provision / workers who are employed simultaneously in the
     territory of one Member State and self-employed in the territory of
     another Member State shall be subject to the legislation of each of
     these Member States .      This provision which is an exception to the
     general principle that only one legislation is applicable presents
     difficult coordination problems , the resolution of which will take
     some time .    In order to prevent delays in the entry into forcie of
     this new Regulation for all self-employed persons , it is intended
     that the Commission wi 11 submit a proposal on this matter at a later
     date .
 9.  As regards the form of this proposal , it is thought that presenting
     the texts of the amended provi sions in thei r enti rety would facilitate
     reading of this regulation once it has been adopted ... In order to
     accelerate the procedure for the adoption of the Proposal , the Commis-
     sion'is hereby submitting a separate proposal for the corpus of the
     regulation     and will subsequently submit , as soon as possible , a
     separate proposal for the Annexes ;           the regulation to be finally ~
     adopted will , of course , be based on the two proposals .
        ΙΠί.2 Ι2£££                                         ν
                              •              :                          ' \
10 . The amended Regulation No 1408 / 71 and the amended Regulation
     No 574 / 72 will enter into force six months after ths last-mentioned
     Regulation has been published fn the Official Journal .         The extension-
     of the relevant Community rules and regulations to self-employed
     persons will take effect from that date ,
      This period is necessary for the         revision  of the forms required for
      the application of this new Regulation .
              x
 ---pagebreak---                    PROPOSAL
                   FOR . A
               COUNCIL REGULATION ( EEC )
EXTENDING REGULATION ( EEC ) NO 574 / 72 TO SELF-EMPLOYED PERSONS
               AND MEMBERS OF THEIR    FAMILIES
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing tne European Economic Community , and in
particular Article s 2 , 7 ,. 51 and 235 thereof :
Having regard to . Council Regulation ( EEC ) No 1408 / 71 of 14 June 1971 on the
application of social security schemes to employed persons and their families moving
                      1       I        lit  f-v    I .•   /r- r- r\\ k I#\'  -y. / r.4 2
within the Community , as last amended by Regulation ( EEC ) N°, 2793 /81 , and in
particular Article 97 thereof ;
                                                      3
Having regard to the proposal from the Commission drawn up after consultation of­
                          \
the Administrative Commission on Social Security for Migrant Workers ;
                                                             4            .
Having regard to the opinion of the European Parliament ;
                                                        .     -         ... 5
Having regard to the Opinion of the Economic and Social Committee ;
; O.J. N° L 149 of 5.7.1971 , p . 2
: O.J. N° .L 275 / 29.9 . 1981 , p.1
, O.J. N°                            ^
10 . J. N°
5O.J. N°
 ---pagebreak---                                 - 3 -
Whereas the Council adopted on 12 May 1981       Regulation ( EEC ) No 1390 / 81 ex­
tending Regulation ( EEC ) No 1408 / 71 to self-employed persons and members of
their families ; whereas the provisions of Council Regulation ( EEC ) No 574 / 72 ,
as last amended by Regulation ( EEC ) No 2793 / 81 , laying down the procedure for
implementina Regulation ( EEC ) No 1408 / 71 should be adapted accordingly ;
Whereas there are difficulties inherent in formulating a procedure for
implementing the rule under which persons who are simultaneously employed
in the territory of one Member State and self-employed in the territory of
another Member State are , in some cases ,, subject simultaneously to the
legislation of each of those Member States ; whereas it is therefore necessary
to lay down the implementing procedure for this particular case in a
subsequent regulation ;
HAS ADOPTED THIS REGULATION :
60J No L 143, 29.5.1981 , p.1
70J No L 74, 27.3.1972, p.1
 ---pagebreak---                                              Article 1
Regulation (EEC ) N° 57^/72 shall be amended as follows s
1.    The title shall "be replaced by the following s
                ^COUNCIL REGULATION (EEC ) N° 57V72
                                of 21 March 1972
    . laying down the procedure for implementing Regulation (EEC ) N° 1^08/71
      on the application of social security schemes to employed and self-
      employed persons and                     members of their families moving within
      the Community             o
2.    In Article h- s                                                    -
      (a) in           -      '              paragraph 8 , "Article 10 (2 ) (d)" shall be
             replaced by "Article 10a ( l) (d)"j
                                       <•
      (b) paragraph 10 shall be replaced by the following :
           »~10 . Annex 10 lists the institutions or bodies designated by the
             competent authorities pursuant , in particular , to the following .
           - provisions :                 --
             (a) Regulation s Article l^f d (2 ), Article 17 ;
             (b) Implementing Régulation ! Article 6 (l), Article 11 (l) ,
                   Article lia, -Article 12a,, Article 13 (2 ) and (3), Article 1^ ( l),
                   (2 ) and (3 ), Article 38 (l), Article 70 (l), Article 80 (2 ),
                   Article 81 , Article 82 (2 ), Article 83 (2 ), Article 86 (2 ),
                   Article 89 ( l), Article 91 (2 ), Article 102 (2 ), Article 110 ,
                   Article 113 (2)-^j
       ( c) the following paragraph shall be added ;
             ■- 11 .     Annex 11 lists the scheme or schemes referred to in Article 35
              (2 ) of the Regulation.-* o
 ---pagebreak---                                     - 5 -
3. Article 6 shall "be replaced "by the following :
                ^- IMPLEMENTATION OF ARTICLE 9 OF THE REGULATION
                                      Article 6
   Admission to voluntary or optional continued insurance
   1.    If j by virtue of Articles 9 and 15 (3 ) of the Regulation , a person
   satisfies the conditions for admission to a voluntary or optional con­
   tinued insurance in respect of invalidity , old age and death ( pensions )
   in several schemes under the legislation of one Member State , and if he
   has not been subject to compulsory insurance under one of those schemes
   by virtue of his last employment or self-employment he may , under the
   said Articles „ join the voluntary or optional continued insurance scheme
   specified by the legislation of that Member State or , failing that , the
   scheme of his choice .
   2.     In crder to invoke the provisions of Article 9 (2 ) of the Regula­
   tion , a person shall submit to the institution of the Member State in
   question a certified statement relating to the insurance periods or
   periods of residence completed under the legislation of any other Member
   State . Such certified statement shall be issued ,, at the requast of the
   person concerned 9 by the institution or institutions who administer the
   legislations tinder which he has completed those periods.--* □
              y
   Article S shall be replaced by the following *
                                      Article 8
   Rules applicable in the case of overlapping of rights to sickness or
   maternity benefits under the legislation of several Member States
   1,       If an employed or self-employed person or a member of his family
   is entitled to claim maternity benefits under the legislations of two or
   more Member States , those benefits shall be granted exclusively under the
   legislation of the Member State in whose territory the confinement took
   place or , if the confinement did not take place in the territory of one
 ---pagebreak--- of these Member States , exclusively under the legislation of the Member
Sta.te to which the employed or self-employed person was last subject .
2.       If an employed or self-employed person is entitled to claim sick­
ness benefits under the legislations of Ireland and the United Kingdom
for the same period of incapacity for work , those benefits shall be granted
exclusively under the legislation of the Member State to which the person
concerned was last subject          □
Article 8a shall be replaced by the following ;
                           «- Article oa
Rules applicable m the cas e of overlapping of rights to sickness benei&is ,
benefits with respect to accidents at work or occupational disease under
Hellenic legislation and the legislation of one or more other Member States
If during the same period an employed or self-employed person or member of
his family is entitled to claim sickness benefits , benefits with respect to
accidents at work or occupational disease under Hellenic legislation and
under the legislation of one or more Member States , these benefits shall
be granted exclusively under the legislation to which the person concerned
was last subject r* □
Article 9a shall be replaced by the following %
                           ***• Article 9a
Ru.: 3s a.?plic5,ple in the case of overlapping of rights to unemployment
benefit s
If an employed or self-employed person , entitled to unemployment benefits
            ? •
under the legislation of a Member State to which he was subject during his
last employment o r self-employment pursuant to Article 69 of the Regulation,
goes to Greece
 ---pagebreak--- where he is also entitled to unemployment "benefits by virtue of a period
of insurance ,, employment or self-ercploynient previously completed under
Hellenic legislation , ths right to benefits under Hellenic legislation
shall be suspended for the period laid down in Article 69 ( 1 ) ( c ) of the
Regulation ,     o
Article 10 shall be replaced by the following s
                              ^ Article 10
                                                           /
Rules applicable in the case of overlapping of rights to family benefits
or family allowances for employed or self-employed persons
1.        Entitlement to family benefits or family allowances due under the
legislation of a Member State , according to which acquisition of the right
to those benefits or allowances is not subject to conditions of insurance ,
employment , or self-employment , shall be suspended when , during the same
period and for the same member of the family ;
(a) benefits are due in pursuance of Article 73 or Article 7^ of the Regu­
      lation , If , however p the spouse of the employed or unemployed person
      referred to in those Articles exercises a professional or trade activity
      in the territory of the said Member State 9 the right to family benefits
      or family allowances due in pursuance of the said Articles shall be
      suspended ; and only those family benefits or family allowances of the
      Member State in whose territory the member of the family is residing
      shall be paid , the cost to be borne by that Member Skate ;
 ( b) benefits axe due in pursuance of Article 77 or Article 73 of the Regu-
      latio'Ao If , however , a pensioner who is entitled to benefits under
      Article 77 of the Regulation , his spouse or the person looking after
      the orphans to whom 'benefits are due under Article 78 of the Regulation ,
       exercises a professional or trade activity in the territory of the said
       Member State t entitlement to family allowances due in pursuance of
       Article 77 or Article 78 of the Regulation under the legislation of
 ---pagebreak---                                 - δ -
    another Member State shall "b<s suspended ? where this is the case ,
    the person concerned shall he entitled to the family benefits or
    family allowances of the Member State in whose territory the children
    reside „ the cost to be borne by that Member State , and , where appro­
    priate , to benefits other than the family allowances referred to in
    Article 77 or Article 78 of the Regulation , the cost to be borne by
    the competent State as defined by those Articles .
2.         If an employed person, subject to the legislation of a Member
State is entitled to family allowances by virtue of periods of insurance
or employment previously completed under Hellenic legislation , this right
shall be suspended where t during the same period and for the same member
of the family „ family benefits or allowances are due under the legislation
of the first Member State pursuant to Articles 73 and 7^ of the Regulation-?* □
                             Article 10a
Rules applicable when during the same period or part of a period the
employed or self-employed person is successively subject to the legisla­
tion of several Member Sta.tes
1.         If an employed or self-employed, person has been subject succes­
sively to the legislation of two Member States durSng the period separating
two dates for the payment of family benefits or family allowances as provi­
ded for by the legislation of one or both of- the Member States concerned ,
the following rules shall apply j
la) toe family benefits or family allowances which the person concerned
    may clai.r. by vixtue ox being subject to the legislation of each one
    cf these Stt-tes shall correspond to the number of daily benefits or
    allowances due under the relevant legislation . Where these legislations
    do not provide for daily benefits or allowances » the family benefits
    or family allowances shall be granted in proportion to the length of
    time during which the x>erson concerned has been subject to the
 ---pagebreak---                                    - 9 -
      legislation of each one of the Member States xn relation to the
      period fixed "by ths legislation concerned ;
( d ) where the family "benefits or family allowances have been provided by
      an institution during a period when they should have been provided
      by another institution , there shall be an adjustment of accounts
      between the sa.id institutions ;
(c ) for the pur-poses of subparagraphs (a ) and (b) where periods of employ­
      ment or self-employment completed under the legislation of one Member
      State are expressed in units different from those which are used in the
      calculation of family benefits or family allowances under the legisla­
      tion of another Member State to which the person concerned has also been
      subject during the same period , the conversion shall be carried out in
      accordance with the provisions of Article 15 (3 ) of the Implementing
      Regulation ;
(d ) notwithstanding the provisions of subparagraph (a.) 9 in respect of dealings
      between the Member States listed in Annex 8 to the Implementing Regulation ,,
      the institution bearing the costs of the family benefits or family allo­
      wances by reason of the first employment or self-employment during the
      period concerned , shall bear their cost throughout the whole of the cur­
      rent period .                 ,
2.            If the members of the family of an employed person subject to
French legislation , or of an unemployed person in receipt of unemployment
benefits' under French legislation , transfer their residence from the terri­
tory of one Member State to the territory of another Member State during the
 same calendar month , the institution responsible for providing ths family
 allowances at the beginning of that month shall continue to provide them,
 throughout the whole of the current month      □
 ---pagebreak---                                       - 10 -
Article 11 shall be replaced by the following s
      IMPLEMENTATION OF ARTICLES 13 to 17 OF THE REGULATION
                                   Article 11
Formalities in the case of the posting elsewhere of an              employed
person pursuant to .Article I^ ( l) and Article l^b (l)__and in the case of
Agreements concluded under Article 17 of the Regulation
1.         The institution designated by the competent authority of the
Member State whose legislation is to remain applicable shall issue a
certificate stating that an employed person shall remain subject to
that legislation up to a specified date ,,
(a) at the request of the employed person or his employer in cases re­
       ferred to in Article 1^ (l ) and Article I'Vb ( l ) of the Regulation ?
 (b ) in. ca.se3 where Article 17 of the Regulation applies .
2«         The consent provided for in Article 1^- (l ) (b ) of the Regulation
shall be requested by the employer,-® □
                                **- Article lia
Formalities pursuant to Article l-'-i- a, ( l ) and Article l;!4-b (2 ) and i n the case
ASO.sju5.nts j:onc lu'dgd junrie r Article 17 of the Renulation in the case of work
 car ried out in the terr ito ry of a prober St ate other tha n tha t in which the
 oerso n con e em sd is no r ^ a 1} y s e t f" ejnp lov ed
 1 «,       Tie institut-ion design*?, &ed by the competent authority of the Member
 State whose- legislation is to remain applicable shall issue a certificate
 stating that the -self-employed person shall renain subject to that legis­
 lation up to a specified date ,
 ---pagebreak---                                      - 11 -
     (a) at the request of the self-employed person in cases referred to
          in Article 14a ( l) and Article 14b (2 ) of the Regulation ;
     (t>) in cases where Article 17 of the Regulation applies
     2 . The consent provided for in Article 14a ( 1)(b ) of the Regulation shall be
     requested by the self-employed person ."
 9.  Article 12 shall "be replaced "by the following %
                 ;? '           ^ Article 12
               • r
                                                        «v
     Special provisions concerning insurance of employed persons under the
     German social security scheme
            Where , under the terms of .Article 13 (2 ) (a), Article    ( l) and
     (2 ; or Article l'+b (l ) of the Regulation , or under an agreement conclu­
     ded pursuant to Article 17 of the Regulation , German legislation applies
     to a person employed "by an undertaking or employer whose registered office
     or place of business is not- situated on German territory c and the person
     concerned has no fixed job on German, territory f this legislation shall
     apply as if the person concerned were employed in his place of residence
     on German territory .
            If the person concerned has no residence on German territory ,
     German legislation shall apply as if he were employed in a place for which
     the Allgemeine Ortskrankenkasse Bonn (General Sickness Fund of Bonn), Bonn
     is competent     □
10 . Article 12a shall "be replaced by the following' s
                                ^ Article 12a
     Rules applicable in respect of the persons x*eferred to in Article 1^4- (2 ) ^b ;
     and in Article 1^-a (2 ) to (^) of the Regulation who normally engage in
     employment or self-employment in the territory of two or more Member
     States
 ---pagebreak---                                   - 12 -
  1.       For the purposes of Article 1^- (2 ) (b) (i), the first sentence
  of paragraph 2 and paragraph ^ of Article l^fa of the Regulation a person
  who normally pursues his activity in the territory of two or more Member
  States or in an undertaking which has its registered office or place of
  business in the territory of one Member State and which straddles the
  common frontier of two Member Spates shall notify this fact to the insti­
  tution designated by the competent authority of the Member State in the
  territory of which he resides .
  2 .:     Subject to paragraph 3                     that institution shall
  issue to the person concerned a certificate stating that he is subject
  to the legislation of that Member Sta,te and shall -send a copy thereof to
  the institution designated by the competent authority of any other Member
  State ;
  (a) in the territory of which the said person pursues a part of his acti­
       vity; and/or                                                              '
  (b) if he is an employed person, in the territory of which an undertaking
       or an employer by whom he is employed has its registered office or
       place of business .
            This latter institution shall , where necessary ,- send to the'
  institution designated by the competent authority of the Member State whose
  legislation is applicable the information necessary to assess the contribu­
  tions for which the employer or employers and/or the employed person . are
  liable by virtue of that legislation .                            '
                                     i
  3*       In a case to which Article l^a .\fy ) applies , the institution desi-
_ gnated in accordance with paragraph 1 shall inform the competent authorities
  of the other Member States concerned accordingly irr order to determine
  the legislation applicable to the person concerned ; the information which
   is to be supplied by virtue of paragraph 2 shall be sent to the institution
  designated by the competent authority of the Member State whose legislation
   is determined to be applicable .                                    .
 ---pagebreak---           For the purposes of Article      (2 ) (b) ( ii ) of the Regulation an
employed person who normally pursues his activity in the territory of two
or more Member States shall notify this fact to the institution designated
by the competent authority of the Member State in the territory of which
the undertaking or employer employing the person concerned hs.s its regis­
tered office or place of business .
          The provisions of paragraph 2 P subparagraph (a) shall apply by
analogy * , However r the person concerned may obtain the certificate in ques­
tion through the institution designated by the competent authority of the
Member State in the territory of which he resides ,
5«  (a) For the purposes of the provisions of Article l^aCS ), second
          sentence , of the Regulation , a  person normally self-
          employed in the territory of two or more Member
          States shall inform the institution designated by the competent
          authority of one of these Member States of that si.tua.tion . The said
          institution or any other institution that has been informed of that
          situation sh3.ll forthwith inform the institutions designated by the
          competent authorities of the other Member States concerned .
    (b) The competent authorities of the Member States concerned or the
          institutions designated by these competent authorities shall by
          common agreement determine the legislation applicable to the person
          concerned t account being taken of the provisions of subparagraph (d ) p
          within a period of not more than, six months counting from the day on
          which the situation of the person concerned had been notified to one
          of the institutions concerned .
    ( c ) Trie institution administering the legislation that has been determined
          as being applicable to the person concerned ,, taking account where
          appropriate of the provisions of Article l^-a(4 ) of the Regulation ,
          shall issue a certificate to that person showing that he is subject
          to that legislation , and shall send a copy thereof to the other
           institutions concerned .
 ---pagebreak---        ( c\) For th js purpose of dels-' -fining ;. in rxrsna?\oe of Ar+ " cxe 14- a<2 >       third
             sentence , of tbd F.eouU: i •; ^ r ... tiu-. pr incipal activity «<f the person ccic,£-~ne
              account shall be taken firs c and foremost of the locality ir which
              tbe faxed and permanent premises from which the person concerned
              pursue * his activities ir. .situated . Failing' this , account shall
              be taken of criteria such as the usual nature or the duration of
               the f'-:aivities pursued , ii:e number of bervices rendered arid +he
              income arising from those activities .
       ( e ) Tlat institutions concerned shall exchange all information neces­
              sary to determine "both the principal activity of the person con­
              cerned and the contributions payable under the legislation that
              has been designated as being applicable to him ,?– c
Article 13 shell be replaced by the following :
                                       Article 13
ftr r- rci"e of trie rif>rt of option by peroc is employed by diplomatic missions
and consular posts
1.            'fhe ri^at of option provided for in Article 16 (Z ) of the regulation
riot be exercised In the first instance within the three months following
 ine -'.ate on -which the employee, person was engaged by the diplomatic mission
c r consular post concerned , or on which he entered into the personal service
of c-.^nts of such luissiori cr post-               The option shall take effect on the date
-f entry into employment ,
Wh^n the person concerned rer^ ^s his ri^ht of option at the end of a calendar
year , the option shall take effect on the first day of the following calendar
y3"«r e
 2.            ^he person concerned who exercises his right of option she 11 inform
 the insti4 atio.-i designated by the competent authority of the Moiuber State
          ihos ;i 13-^islation he has opted , at the sane time notifying his employer
 tnt-eof .         The said institution shall , where necessary , foxvard eu'h inform-
            to a'.M other institutions of the ssun.e Member State , in «-cccrd -v-.oe ; rUh
 ---pagebreak---                                      - 15 -
     directives issued by the competent authority of that Member State .
     3.      The institution designated by the competent authority of the
     Member State for whose legislation the person concerned has opted ,
     shall issue to him a certificate testifying that he is subject to the
     legislation of that Member State while he is employed by the diplomatic
     mission or consular post in question or in the personal service of agents
     of such mission or post .
             Where the person concerned has opted for German legislation to
     be applied the provisions of such legislation shall be applied as though
     he were employed in the place where the German Government has its seat .
     The competent authority shall designate the competent sickness insurance
     institution . 82*- □
12 . Article 15 shall be replaced by the following :
                                     Article 15
     1.       In the cases referred to in Article 18 ( l ), Article 38 , Article ^5 ( l )
     to (3 ), Article bk f and Article 67 ( l) and (2 ) of the Regulation , aggrega­
     tion of periods shall be effected in accordance with the following rules :
      (a) to periods of insurance . or residence completed under the legislation
          of one Member State shall be added periods of insurance or residence
          completed under the legislation of any other Member State , to the ex­
          tent that this is necessary to have recourse thereto in order to sup­
          plement periods of insurance or reslaeree completed under the legisla­
          tion of the first Member State for ohe purpose of acquiring , retaining ,
          or recovering the rights to "benefits , provided that such periods of
          insurance or residence do not overlap „ Where benefits in respect of
          invalidity s old age or ceath ( pensions ; are to be awarded by 'one
          institutions of two c.t more 3 Member States in accordance with the
          provisions of Article -ro (2 ) cf the Regulation , each of the institutions
 ---pagebreak---                                    - 16 -
      concerned shall effect a separate aggregation , "by taking into account
      the whole of the periods of insurance or residence completed by the
      employed or self-employed person under the legislations of all the
      Member States to which he has been subject , without prejudice , where ^
      appropriate , to the provisions of Article ^5 (2 ) and (3 ) and Article
          (2 ) (c ) of the Regulation ;
(b) when a period of insurance or residence completed under compulsory
      insurance under the legislation of one Member State coincides with a
      period of insurance completed under voluntary or optional continued
      insurance under the legislation of another Member State , only the
      period completed under compulsory insurance shall be taken into account ;
(c ) when a period of insurance or residence , other than a period treated as
      such , completed under the legislation of one Member State coincides with
      a period treated as such under the legislation of another Member State ,
      only the period other than a period treated as such shall be taken into
      account ;
( d) any period treated as such under the legislations of two or more Member
      States , shall be taken into account only by the institution of the Member
      State under whose legislation the insured person was last compulsorily
               *
      msured>': prior to the said period ; where the insured person has not been
      compulsorily insured under the legislation of a Member State before the
      said period , the latter shall be taken into account by the institution
      of the Member State under whose legislation he was compulsorily insured
      for the first time after the said period ;
( e ) where it is not possible to determine accurately the period of time in
      which certain periods of insurance or residence were completed under the
      legislation of one Member State , such periods shall be presumed not to
      overlap with periods of insurance or residence completed under the legis­
      lation of another Member State and shall , where advantageous , be taken
      into account ;
(f) where under the legislation of one Member State , certain periods of
      insurance or residence are taken into account only if they have been
 ---pagebreak---                                    - 17 -
    completed within a specified time limit , the institution which
    administers such legislation shall :
    ( i) only take into account periods of insurance or residence completed
            under the legislation of another Member State if they were comple­
            ted within the said time limit ; or
    ( ii ) extend such time limit for the duration of periods of insurance or
            residence completed wholly or partly within the said time limit
            under the legislation of another Member State , where the periods
            of insurance or residence involved under the legislation of the
            second Member State give rise only to the suspension of the time
            limit within which the periods of insurance or residence must be
            completed .
2„          Periods of insurance or residence completed under the legislation
of a Member State to which the Regulation does not apply , but which are
taken into account under the legislation of that Member State to which the
Regulation does apply , shall be considered as periods of insurance or resi­
dence to be taken into account for the purposes of aggregation ,
3.          When periods of insiirance completed under the legislation of one
Member State are expressed in units different from those used by the legis­
lation of another Member State „ the conversion necessary for the purposes
of aggregation shall be carried out according to the following rules :
(a) where the person concerned is ari employed person who has been subject
    to a six-day week or if he is self-employed 1
     ( i)   one day shall be equivalent to eight hours and vice versa ;
     ( ii ) six days shall be equivalent to one week and vice versa 5
     (iii)  26 days shall be equivalent to one month and vice versa ;
     ( iv)  three months or 13 weeks or      days shall be equivalent to one
            quarter ami vice versa ;
     (v) for the conversion of weeks into months and vies versa the weeks
            and months sha.il be converted into days ;
     (vi ) the application of the preceding rules shall r.ot rave the effect
             of producing * for the sum total of the periods of Insurance completed
 ---pagebreak---            during one calendar year r a total exceeding 312 days or 52 weeks
           or 12 months or four quarters :
(b) if the person concerned is an employed person who has been subject to
    a five-day week :
    ( i)   one day shall be equivalent to nine hours and vice versa ;
    ( ii ) five days shall be equivalent to one week and vice-versa ;
    (iii)  22 days shall be equivalent to one month and vice versa ;       ' "~"~"
    ( iv)  three months or 13 weeks or 66 days shall be equivalent to one
           quarter and vice versa ;
    (v) for the conversion of weeks into months and vice versa , the weeks
           and the months shall be converted into days ;
     (vi) the application of the preceding rules shall not have the effect
            of producing ;, for the sum total of the periods of insurance com­
           pleted during one calendar year s a total exceeding 2&A- days or 52
           weeks or 12 months or four quarters .
Article 16 shall be replaced by the following ;
      *- IMPLEMENTATION OF ARTICLE 18 OF THE REGULATION
                                Article 16
Certification of periods of insurance
            ?
           ?_
1.r         in order to invoke the provisions of Article 18 of the Regulation ,
an employed or self-employed person shall submit to the competent institu­
tion a certified statement specifying the periods of insurance completed
under the legislation to which he was last subject .
2.         Tnis certified statement shall be issued at the request of the
employed or s elf-employed person by the institution or institutions of the
Member State to whose legislation he was last subject . If he does not submit
the said certified statement „ the competent institution shall obtain it from
the institution or institutions concerned .
 ---pagebreak---                                       - 19
      3.         The provisions of paragraph 1 and 2 shall apply "by analogy ,
      if it is necessary to take into account periods of insurance previously
      completed under the legislation of any other Member State in order to
      satisfy the conditions of the legislation of the competent State .–* G
lH' . Article 17 shall "be replaced by the following :
                 B1PLEMENTATI0N OF ARTICLE 19 OF THS REGULATION
                                   Article 17
      Benefits in kind in the case of residence in a Member State other than
      the competent State
      1.         In order to receive benefits in kind under Article 19 of the
      Regulation , an employed or self-employed person must register himself
      and the members of his family with the institution of his place of
      residence by submitting a certified statement testifying that he and the
      members of his family are entitled to the said benefits . This certified
      stat3ment ? based upon information supplied by the employer „ where appro­
      priate , shall be issued by the competent institution . If the employed or
      self-employed person or the members of his family do not submit the said
      certified statement the institution of the place of residence shall obtain
      it from the competent institutions .
      2.         That certified statement shall remain valid until the institution
       of the place of residence receives notification of its cancellation .
       However , when the said certified statement has been issued by a French
       institution ,, it shall only be valid for six    months following the date
       of its issue s,nd must be renewed every six months .
       3.         If the person concerned is a, seasonal worker , the certified state­
        ment referred to in paragraph 1 shall be valid for the whole of the expected
        duration of the seasonal work unless t in the meanwhile , the competent insti­
        tution notifies the institution of the place of residence of its cancellation .
 ---pagebreak---                                    - 20 -
  4.        The institution of the plaoe of residenoe shall inform the
  competent institution of every registration effected in accordance with
  the provisions of paragraph 1 .
  5.        Upon each, application for "benefits in kind , the person concerned
  shall submit the supporting documents required for the granting of benefits
  in kind under the legislation of the Member State in whose territory he
  resides .
  6.        In the event of hospitalization , the institution of the place of
  residence shall ,, within three days of "becoming aware of the fact , notify
  the competent institution of the date of entry into hospital , the probable
  duration of hospitalization and the date of leaving hospital . Notification
  shall be unnecessary , however , when the costs of the benefits in kind are
  repaid in a lump stun to the institution of the place of residence .
  7.        The institution of the place of residence shall notify the competent
  institution in advance of any decision relating to the" granting of benefits in
  kind where the likely or actual cost exceeds a lump sum which is fixed and perio­
 dically reviewed by the Administrative Commission . The competent institution shall
  have 15 days from the day on which such informat ion is sent within which to raise any ob­
 jection and to state the reasons on which such objection is based ; if , at the endof that
  period , no such objection has been' raised , the institution of the place of
  residence shall grant the benefits in kind * Where such benefits have to be
  granted in a case of extreme •urgency, the institution of the place of resi­
  dence shall forthwith inform the competent institution thereof , However ,
  notification of its objection , stating the reasons on which such objection
  is based , shall be unnecessary when the costs of the benefits in kind are
  repaid in a lump sun to the institution of the place of residence .
  8.        The employed or self-employed person or the members of his family
  shall inform the institution of the place of residence of any change in-
  their situation which is likely _to alter their entitlement to benefits in
  kind , in particular any cessation or change of the employment or self­
• employment , of the person concerned or any transfer of residence or stay
  of the employed or self-employed person or of a member of his family .
  Likewise , should the employed or self-employed person cease to be insured
 ---pagebreak--- or cease tr> "be entitled to benefits in kind., the competent institution
shall inform the institution of the place of residence accordingly .
Tne institution of thu place of residence rciay , .at any time , request the
competent institution to supply it with any information relating to the
employed or self-employed person 's insurance or to his entitlement to
benefits in kind .
9.        Two or more Member States or the competent authorities of those
Member States may , having received the opinion of the Administrative
Commission , agree on other implementing provisions .-* □
Article 18 shall be replaced by the following t
                             •" Article 18
Cash benefits' in the case of residence in a Member State other than the
competent State
1.        In order to receive cash benefits under Article 19 ( l) (b) of
the Regulation an employed or self-employed person shall , within three
days of commencement of the incapacity for work , apply to the institution
of the place of residence by submitting a notification of having ceased
work or , if the legislation administered by the competent institution or
by the institution of the place of residence so provides , a certificate of
incapacity for work issued by the doctor providing treatment for the person
concerned „
2.        Where the doctors providing treatment in the country of residence
do not issue certificates of incapacity for work , the person concerned shall
 apply directly to the institution of the place of residence within the time
 limit fixed by the legislation which it administers ,
 That institution shall immediately have the incapacity for work medically
 confirmed and the certificate referred to in paragraph 1 drawn up „ Such
 certificate shall state the probable duration of the incapacity and shall
 be forwarded to the competent institution forthwith .
 ---pagebreak---                                  - 22 -
 3.         In cases where paragraph 2 does not apply , the ' institution of the
 place of residence shall , as soon as possible and in any event within the
 three days following the date on which the person concerned applied to it ,
 have him medically examined as if he were insured with that institution .
 Hie report of the examining doctor shall indicate , in particular ," the pro-
 table duration of the incapacity for work, and shall be forwarded to the
 competent institution by the institution of the place of residence within
 the three days following the date . of the examination .
4-.        The institution of the place of residence shall subsequently carry
 out any necessary administrative checks or medical examinations of the per­
 son concerned as if he were insured with that institution .       As soon as it
 establishes that the person concerned is fit to resume work , it shall forth­
 with notify him and the competent institution accordingly , stating the date
 on which his incapacity for work ceased,' Without prejudice to the provisions
 of paragraph 6 / the notification to the person concerned shall be treated as
•a decision taken on behalf of the competent institution .
 5.         In all cases the competent institution shall reserve the right to
 have the person concerned examined by a doctor of its own choice .              -
 6o         If the competent institution decides to withhold the cash benefits
 because the person concerned has not completed the formalities laid down - by
 the legislation of the country of residence,' or if it establishes that the
 person concerned is fit to resume work , it shall notify the person concerned
 of its decision and shall simultaneously send a copy of such decision to the
 institution of the place of residence ..
 7.         When the person concerned resumes work , he shall notify the com­
 petent institution accordingly , if such notification is required by the
 legislation administered by that institution .
  8.        The competent institution shall pay cash benefits by the appropriate
  method , in particular by international money order , and shall inform the
  institution of the place of residence and the person concerned accordingly .
 ---pagebreak---                                        - 23 -
     Where cash "benefits are paid by the institution of the place of residence
     on behalf of the competent institution , the latter shall inform the person
     concerned of his rights and shall notify the institution of the place of
     residence of the amount of the cash benefits , the da,tes for payment , and
     the maximum period during which they should be granted ,, in accordance with
     the legislation of the competent State .
     9.          Two or more Member States , or the competent authorities of those
     Member States may , having received the opinion of the Administrative Commis­
     sion , agree on other implementing provisions       □
lb . Article 20 shall be replaced by the following :
                 IMPLEMENTATION OF ARTICLE 22 OF THE REGULATION
                                    Article 20
     Benefits in kind m the case of a stay m a Member State other than the
     competent State - special case of persons employed in international '
     transport- and members of their families
     I,           In order to receive benefits in kind for himself or for members
     of his family who accompany him , a person employed in international trans­
     port , covered by Article 14- (2 ) (a.) of the Regulation , who in the course of
     his employment goes to the territory of a Member State other than, the compe­
     tent State , shall ? as soon as possible ? submit to the institution of the
     place of stay , a special certified statement issued by the employer or by
     his agent during the current calendar month or during the two calendar months
     preceding its submission „ Such certified statement shall state in particular
     the date from which the person concerned has been employed by the said
     employer , and the name ax.id address of the competent institution ; ifj, however ,
     under the legislation of the competent State the employer is not required to
     know the competent institution e the person concerned shall provide in wri­
     ting the name and address of that institution when submitting his application
     to the institution of the place of stay .
                y
             ' I'
 ---pagebreak---                                  - 24 -
  A person who has submitted such certified, statement shall be presumed,
  to have satisfied the conditions for acquisition of the right to bene­
  fits in kind . If a person is unable to contact the institution of the
  place of stay before receiving medical treatment , he shall nevertheless
  receive such treatment on presentation of the said certified statement
  as if he were insured with that institution .
  2.        The institution of the place of stay shall within three days
  inquire of the competent institution whether the person concerned satis­
  fies the conditions for acquisition of the right to benefits in kind .
  The institution of the place of stay shall provide the benefits in kind
  until it receives a reply from the competent institution , but for not
  more than 30 days .
  3.        The competent institution shall send its reply to the institu­
  tion of the place of stay within 10 days of the receipt of the request
  from that institution . If that reply is in the affirmative , the competent
  institution shall indicate , if necessary , the maximum period during which
  the benefits in kind may be granted , in accordance with the legislation
  which it administers , and the institution of the place of stay shall con­
  tinue to provide the said benefits .
  ^.        In place of the certified statement proyided for in paragraph 1 ,
  a person covered by that paragraph may submit to the institution of the
  place of stay a certified statement stating that the conditions for acqui­
  sition of the right to benefits in kind have been satisfied . This certified
  statement , which shall be issued by the competent institution , shall specify
  in particular , where necessary , the maximum period during which benefits
  in kind may be granted in accordance with the legislation of the competent
  State . In such a case paragraphs.' 1 , 2 .and 3 shall not apply .
  5.        The provisions of Article 17 (6 ), ( 7) and ( 9) of the Implementing
  Regulation shall apply by analogy .
  6.        Benefits in kind provided by virtue of the presumption made in
- paragraph 1 shall be reimbursed as provided for in Article 36 ( l) of the
  Regulation .*- □
 ---pagebreak---                                           - 25 -
17 . Article 21 shall be replaced by tho following- »
                                        Article 21
     Benefits in kind in the case of a stay in a Member State other than the
     competent Ftate - Employed, or self-employed persons other than those
     covered by Article 20 of the Implement ing Regulation
     1.        In order ( to receive benefits in kind under Article 22 ( l) ( a)(i )
     of the Regulation , save in the case referred to in Article 20 of the
     Implementing Regulation , an employed or self -employed person shall submit
     GO the .Institution of the place of chy a certified statement stating that
     he is entitled to benefits in kind .         Such certified statement , 'which snail
     be issued by the competent . institution at the request of the person concerned ,
     if possible before he 'leaves the territory of the Member State in which ho
     resides , shall specify in particular , where necessary , the maximum period
     during which benefits in kind may be granted , in accordance with the legis­
     lation of the competent Sts.te , If the employed or eelf-employed person does
     not. subrds the said certified statement , the institution of the place of stay-
     shall obtain it from the competent institution .
     2.        Hie provisions of Article 17 (6 ) # (?) and ( 9) of the Implementing
     Regulation shall apply by analogy.-* a
18 . Article 22 shall be replaced by the following s
                                        Article 22
     Benefits in kind for sTloyed or pelf- employed persons who transfer their
     residence or return to their country of residence ? and for employed or '
     self-employed persons avthor l/.ed to go * o K > other Member State for med ical
     treatment
     1.        In order to r'-.csi.-'"? b?-nefits in kind usler Article 22 ( l ) (b) ( i)
     cf the Regulation , an employee, or stlf-er.plo; ed person shall subtr-it to tne
 ---pagebreak---                                                 - 26 -
     £_xis*t ^ t iitioA of "t'h© j'O.sic© of 3T6Si.Q.6riC6 3» C0X"tifi©c3. 3t3#tsiri0jrit testifying Elicit
     h© iz entitled to continue receiving the said "benefits . This certified
     statement , wh?ch shall "be issued by the competent institution , shall
     specify in particular , where necessary , the maximum period during which
     such benefits may continue to b<_; provided , in accordance with the provisions
     of the legislation of the competent State . The certified statement may , at
     the request of the person concerned , be issued after his departure if , for
     reasons of " force majeure ", it cannot be drawn up beforehand .
     2.               The provisions of Article 17 (6 ), ( 7 ) and ( 9) of the Implementing
     Regulation shall apply by analogy .
     3.               I&ragraphs 1 and 2 shall apply by analogy in respect of the
     provision of benefits in kj.nd in the case referred to in Article 22 ( l ) ( c )
     ( i ) of the Regulation.-® □
19 . Article 24 shall be replaced by the following :
                        if
                                                Article 2h-
     C ^. sh benefit s for employed or self-employed persons in the case of a stay
     in a Member State other than the competent State
     The provisions of Article 18 of the Implementing Regulation shall apply by
     analogy in respect of the receipt of cash benefits under Article 22 ( l )
      (a ) ( ii ) of the Regulation . However , without prejudice to the obligation to
     submit a certificate of incapacity for work , an employed or seif'-omployed
     person who is staying in the territory of a Member State , without pursuing
     any professional or trade activity there , shall not be required to submit
     the notification of having ceased work referred to in Article 18 ( l ) of the
     Implementing Regulation .-*             □
 ---pagebreak---                                            - 27-
20 .   Article 25 shall be replaced by the following :
                 "►IMPLEMENTATION OF ARTICLE 23 (3 ) OF THE REGULATION
                                       Article 25
       Certified statement relating to the members of the family to be taken
       into account in the calculation of cash benefits
       1.          In order to receive' benefits under the provisions of Article 23
     • (3 ) of the Regula/tion , an employed or self-employed person shall submit
       to the competent institution a certified statement relating to the members
       of his family who are resident in the territory of a Member State other
       than that wherein the said institution is situated .
       2.         This certified statement shall be issued by the institution of the
       place of residence of the members of the family .
       It shall be valid for the 12 months following the date of its issue * It
       may be renewed ; in such a, case , it shall be valid from the date of its
       renewal .
       The person concerned shall immediately notify the competent institution of
       any occurrence necessitating an amendment to the said certified statement .
       Such amendment shall take effect from the date of such occurrence .
       3.          In place of the certified statement provided for in paragraph 1 ,
       the competent institution may require the person concerned to produce recent
       civil status documents relating to the members of his family who are resident
       in the territory of a Member State other than that wherein the said institu­
       tion is situated ,-^ □
 ---pagebreak---                                     - 28 -
21 . After Article 32 there shall be inserted a new Article as follows :
           ^IMPLEMENTATION OF ARTICLE 35 (2 ) OF THE REGULATION
                                Article 32a
     Special schemes applying to certain self-employed persons
     Annex 11 lists the scheme or schemes referred to in Article 35 (2 ) of
     the Regulation .-* o
22 . Article 33 shall be replaced by the following :
            IMPLEMENTATION OF ARTICLE 35 (4) OF THE REGULATION
                                Article 33
     Taking account of the period during which benefits have already been
     provided by the institution of another Member State
     For the purposes of implementing the provisions of Article 35 CO of the
     Regulation , the institutions of a Member State called upon to provide
     benefits may request the institution of another Member State to supply
     it with information relating to the period during which the latter insti­
     tution has . already provided benefits for the same case of sickness or
     maternity .     □
 ---pagebreak---                                - 29 -
Article JPr shall be replaced "by the following s
      REFUND BY THE COMPETENT INSTITUTION OF ONE MEMBER STATE OF
      EXPENSES INCURRED DURING A STAY IN ANOTHER MEMBER STATE
                              Article
1.        If it is not possible during an employed or self-employed
person 's stay in a Member State other than the competent State to
complete the formalities provided for in Article 20 ( l ) and (4 ) and
Articles 21 , 23 a,nd 31 of the Implementing Regulation , his expenses
shall , upon his application , be refunded by the competent institution
in accordance with the refund rates administered by the institution of
the place of stay .
2,         The institution of the place of stay shall , at the request of
the competent institution , supply it with the necessary information
about such rates .
If the institution of the place of stay and the competent institution
are bound by an agreement providing either that no refund , or that a
lump-sum refund of benefits provided , in pursuance of Article 22 ( l )
(a) ( i ) and Article 31 of the Regulation , be made , the institution of
the place of stay shall , in addition , be required to transfer to the
competent institution the amount to be refunded to the person concerned
in pursuance of the provisions of paragraph 1 .
3„         Where major expenses are involved , the competent institution
roay pay an appropriate advance to the person concerned as soon as that
person submits to the said institution the claim for refund .-* □
 ---pagebreak---                                          - 30 -
Z"r . Article 35 shall, be replaced by the following ;
                SUBMISSION AND INVESTIGATION OF CLAIMS FOR BENEFITS
                                     Article 35
      Claims for invalidity benefits where the employed or self-employed person
      has been subject exclusively to the legislation specified in Annex IV of
      the Regulation ? and in the case referred to In Article 4-0 (z ) of the
      Regulation
      1.        In order to receive benefits under Articles 37 p 38 and 39 of the
      Regulation , including the cases referred to in Articles 4-0 (2 )„ 4-1 ( l ) and
 ,    1*2 (z ) of the Regulation * an employed or self-employed person shall submit
      a claim either to the institution of the Member State to whose legislation
      he was subject at the time of occurence of the incapacity for work follo­
      wed by Invalidity or the aggravation of such invalidity , or to the insti­
      tution of the place of residence , which shall then forward the claim to the
      first institution , indicating the date on which it was submitted ; this date
      shall, be regarded as the date of the submission of the claim to the first^,
      institution . However v if sickness insurance cash benefits have been granted s
      the date on which such cash benefits ceased to be granted must f where
      appropriate , be regarded as the date of submission of the pension claim „
      2.        In the case referred to in Article 4-1 (l ) (b ) of the Regulation , the
       institution with which the claimant was last insured shall notify the amount
       and the operative da.te of the benefits due under the legislation which it
       administers to the institution initially responsible for payment of the
       benefits . Kith effect from that date , the benefits due prior to the aggrava­
       tion of thy inva.iidit} snail bs c3,ncelied or reduced to an amount not excee­
       ding the supplement referred to in Article 4-1 ( l ) ( c ) of the Regulation ,.
       3-       The provisions of paragraph 2 shall not apply in the case referred
       to in Art-icle 4-1 ( l) (d)- of the Regulation . In this case , the institution with
       which the claimant was last insured shall apply to the Netherlands institution
       in order to ascertain the amount due from that institution ,-"; □
 ---pagebreak--- Article 3° shall "be replaced by the following :
                           Article
Claims for old-age and survivors benefits ( excluding orphans' "benefits ) and
invalidity "benefits in cases not referred to in Article 35 of the Implementing
Regulation
1.        In order to receive "benefits under Articles 4-0 and <1 of the
Regulation , except in the cases referred to in Article 35 of "the Implementing
Regulation , the person concerned shall submit a claim to the institution of the
place of residence in accordance with the procedure provided for by the legis­
lation administered by that institution . If the employed or self-employed
person has not been subject to that legislation , the institution of the place
of residence shall forward the claim to the institution of the Member State
to whose legislation he was last subject , indicating the date on which the
claim was submitted. That date shall be regarded as the date on which the
claim was submitted to the latter institution .
2.        Where a claimant resides in the territory of a Member State to whose
legislation the employed or self-employed person has not been subject , he may
submit his claim, to the institution of the Member State to whose legislation
the employed or self-employed person was last subject .
3.        Where a claimant resides in the territory of a State which is not a
Member State , he shall submit his claim to the competent institution of
Member State to whose legislation the employed or self-employed person was
last subject .
Should the claimant submit his claim to the institution of the Member State
of which he is a national , the latter shall forward such claim to the competent
 institution .
4-.       A claim for benefits sent to the institution of one Member State shall
 automatically involve the concurrent award of benefits under the legislation of
 all the Member States in question whose conditions the claimant satisfies
 except where , under Article 44 (2 ) of the Regulation , the claimant asks for
 postponement of any old age benefits to which he would be entitled under the
 legislation of one or more Member States ."*- □
 ---pagebreak---                                       - 32 -
Article 37 shall - be replaced, by the following s
                                   Article 37
Documents and information which should accompany claims to the benefits
referred to in Article J6 of the Implementing Regulation
The submission of the claims referred to in Article 36 of the Implementing
Regulation shall be subject to the following rules s
(a) the claim must be accompanied by the required supporting documents and
      must be made on the form provided for by the legislation s
      ( i) of the Member State in whose territory the claimant resides , in the
             case referred to In Article 36 ( l )?
      ( ii ) of the Member State to which the employed or self-employed person
             was last subject ^ in the cases referred to in Article 36 (2 ) and (3 );
(•b) the accuracy of the information supplied by the claimant must be established
      by official documents attached to the claim form , or confirmed by the
      competent bodies of the Member Sta,te in whose territory the claimant
      resides ;       _          ■
( c ) the claimant must- indicate , in so fax as is possible >, either the institution
      ox1 institutions administering insurance in respect of invalidity 9 old age
      or death ( pensions ) of any Member State with which the employed or self-
      employed person has been insured ,, cr in the case of an employed person
      the employer or employers for whom lie has worked in the territory of any
      Member State , by producing any employment certificates which he may have
       in his possession j
 (d) if r under Article Mj- (2 ) cf the Regulation , the claimant asks for the
       postponement of the as*ard of any old age benefits to which be would be
       entitled under the legislation of one or more Member States he must
       specify the legislation under which he is claiming benefits .-** □
 ---pagebreak--- 27 . Article 39 sh .11 be replaced "by the following
                                   Article 39
     Investigation of claims for invalidity "benefits in the case where , the
     employed or self-employed person has been subject exclusively to the
     legislations s"oecified in Annex IV of the Regulation
     1.        If an employed or sexf-employed person ha,s submitted a claim tor
     irrvalidity benefits , and the institution establishes that the provisions
     of Article 37 ( l ) of the Regulation s,pply r that institution shall , where
     necessary s obtain from the institution with which the person concerned
     was last insured a certified statement of the periods of insurance comple­
     ted by him under the legislation administered by that last institution .
     2.        Where it is necessary to take into account periods of insurance
     previously completed under the legislation of any other Member State in
     order to satisfy the conditions of the legislation of the competent State ,
     the provisions of paragraph 1 shall apply by analogy .
     3.        In the case referred to in Article 39 ( 3 ) of the Regulation , the
     institution which has investigated the claimant " s case shall forward his
     file to the institution with which the person concerned was last insured .
     ^.        Articles ^1 to 50 of the Implementing Regulation shall not apply
     to the investigation of claims referred to in paragraphs 1 , 2 and 3 • -« □
28 . Article '42 shall be replaced by the following ?
                                    Article
      Forms to be used for the investigation of claims for benefits
      1.        When investigating claims for benefits the investigating institution
      shall use a form which will include , in particular , a statement and a
 ---pagebreak---                                    - 34 -
  summary of the periods of insurance or residence completed by the employed
  or self-employed person under the legislation of all the Member States
  concerned .
  2.         These forms , when forwarded to the institution of any other Member
  State , shall take the place of supporting documents        □
  Article 43 shall be replaced by the following :
                                  Article 43
  Procedure to be followed by the institutions concerned in the investigation
. of a claim
  1.         The investigating institution shall enter on the form provided
  for in Article 42 ( l) of the Implementing Regulation the periods of insurance
  or residence completed under the legislation which it administers and it shall
  forward a copy of that form to the institution administering insurance in
  respect of invalidity , old age or death ( pensions ) of any Member State with
  which the employed or self-employed person has been insured enclosing , where
  appropriate , any employment certificates produced by the claimant .
  2.         Where only one other institution is involved , that institution shall
  complete the said form by indicating :
  (a) the periods of insurance or residence completed under the legislation
        which it administers ;
  (b) the amount of benefit which the claimant could claim in respect of those
        periods of insurance or residence only ;
  ( c ) the theoretical amount and the actual amount of benefits calculated in
        accordance with the provisions or Article A-6 (2 ) of the Regulation .
  The form , thus completed , shall be returned to the investigating institution .
 ---pagebreak---                                   - 35 -
 If a right to "benefits is acquired taking into account only the periods '
of insurance or residence oompl©td>& under the legislation administered
by the institution of the second Member State , and if the amount of bene­
fit corresponding to those periods can be established without delay ,
whereas the calculation procedure referred to in subparagraph (c ) requires
an appreciably longer period of t5.me , the form shall be returned to the
investigating institution with the information referred to in subparagraphs
 (a) and (b) ; the information referred to in subparagraph ( c ) shall be for­
warded to the investigating institution as soon as possible .
3.         If two or more other institutions are involved , each one of those
institutions shall complete the said form by indicating the periods of
insurance or residence completed under the legislation which it administers ,
and shall return it to the investigating institution .
If a right to benefits is acquired taking into account only the periods of
insurance or residence completed under the legislation administered by one
or more of those institutions „ and if the amount of benefit corresponding
to those periods can be determined without delay , the investigating institu­
tion shall' "be simultaneously notified of that amount and of the periods of
                                                         %
insurance or residence ; if the determination of the said amount involves
some delay „ the investigating institution shall be notified of that amount
as soon as it has been determined .
On receipt of all the forms giving information concerning periods of insu­
rance or residence and , where appropriate , the amount or amounts due under
the legislation of one or more of the Member States concerned , the investi­
gating institution shall forward a copy of the forms thus completed to each
of the institutions concerned which shall specify thereon the theoretical
amount and the.. actual amount . of . the' benefits F calculated . in accordance with
 the provisions of Article 46 , .(2 ) . of . the Regulation,' and" shall return-the ^
 form to; the' investigating institution .
if .       As soon as the investigating institution , upon receipt of the
 information referred to in pars-graphs 2 or 3 » establishes the fact that the
provisions of Article 40 (E ) or Articl.e A-8 (2 ) or (3 ) of the Regulation
should be applied , it shall inform the other institutions concerned accordingly .
 ---pagebreak---                                        - 36 -
     5.        In the case provided for in Article 37 (d) of the Implementing
     Regulation , the institutions of the Member States to -whose legislation
     the claimant has been subject but to whom he has applied for postponement
     of the award of the benefits ," shall enter on the form provided for in
     AW-.icie kZ ( l) of the Implementing Regulation only the periods of insurance
     or residence completed by the claimant -under the legislation which they
     administer      □
30 . Article 44- -shall be replaced by the following s
                                     Article ^4
     Institution empowered to take a decision relating to the degree of invalidity
     1.        Subject to the provisions of paragraphs 2 and 3 » only the invest i-
     gatiiig institution shall be empowered to take the decision referred to in
     Article ^0        of the Regulation concerning the degree of invalidity of xthe
     claimant . It shall take such a decision as soon as it is in a position to
     determine whether , taking account , where appropriate , of the provisions of
     Article ^5 of the Regulation , the conditions for entitlement fixed by the
     legislation which it administers are fulfilled . It shall notify such decision
     forthwith to the other institutions concerned .
     2.        If , taking account of the provisions of Article      of the Regulation ,
     the conditions for entitlement , other than those relating to the degree of
     invalidity , laid down by the legislation administered by the invest igating
     institution are not fulfilled , that institution shall immediately notify the
     competent institution in respect of invalidity of the other Member State to
     whose- legislation the employed or self-employed person was last subject .
     This institution shall , if the conditions for entitlement laid down by the
     legislation which it administers are fulfilled , be empowered to take the
     decision relating to the degree of invalidity of the claimant ; it shall
     forthwith notify that decision to the other institutions concerned .
     3.        Where necessary , the matter may have to be referred "beck , under the
     same conditions , to the competent institution in respect of invalidity of
     the Ksriber State to whose legislation the employed or self-employed person
     was first subject       □
 ---pagebreak--- Article 50 ( 1 ) shall be replaced by the following :
1 . (a) ( i) ''Where an employed or self-employed person who is a national
               of one Member State becomes subject to the legislation of another
               Member State , the competent institution in respect of pensions of
               the latter Member State shall , using all the means at its disposal
               and at the time of registration of the person concerned , forward
               to the body designated by the competent authority of that same
               Member State [ country of employment ] , all information relating
               to the identification of the person concerned [ the date on
               which he commenced employment j and the name of the said competent
               institution and the insurance number allotted by the latter .
       ( ii ) Moreover , the competent institution referred to insubparagraph ( i )
               shall also , as far as possible , forward to the body designated under the
               provi s ions of subparagraph C i ) any other informat ion which may faci­
               litate and accelerate the ultimate award of the pensions .
       ( iii ) Such information shall be forwarded , under conditions fixed by
               the Administrative Commission , to the body designa/ted by the compe­
               tent authority of the Member State concerned .
         ( iv) For the implementation of the provisions of subparagraphs ( i), ( ii )
               and ( iii ) j, stateless persons and refugees shall be deemed to be
               nationals of the Member Sta/te to whose legislation they were first
               subject .
    (b) The institutions concerned shall s at the request of the person concerned
         or of the institution with which he is currently insured , draw up his
         insurance history starting not later than one year before the date on
         which he will reach pensionable age ."
 ---pagebreak---                                      - 38 -
Article 51sh a '-l be replaced by the following :
             ADMINISTRATIVE CHECKS AND MEDICAL EXAMINATIONS
                                   Article 51
1.         When a person m receipt of benefits , in particular :
(a) invalidity benefits ;
( b) old age benefits awarded in the event of unfitness for work ;
(c ) old age benefits awarded to elderly_. unemployed persons ;
( d) old age benefits awarded in the event of cessation of a professional
      or trade activity ;
( e ) survivors 8 benefits awarded in the event of invalidity or unfitness
      for work ;
( f ) benefits awarded on condition that the means of the recipient do not
      exceed a prescribed limit ,,
is staying or residing in the territory of a Member State other than the
State in which the institution responsible for payment is situated , admi­
nistrative checks and medical examinations shall be carried out , at the
request of that institution , by the institution of the place of stay or
residence of the recipient in accordance with the procedures la, id down by
the legislation administered by the latter institution , The institution
responsible for payment shall , however , reserve the right to have the
recipient examined by a doctor of its own choice ,
2.         If it is established that the recipient referred to in paragraph 1
 is employed or self-employed or has mea.ns in excess of the prescribed " limit
while receiving benefits , the institution of the place of stay   or residence
 shall send a report to the institution responsible for payment   which has
requested the check or examination . This report shall indicate   in particular
 the nature of the employment or self-employment pursued by the   person
 ---pagebreak---      concerned , the amount of earnings or me-ms which he has had during the
     last complst® quarter ^ th© normal eairni-'i&s obtained in the same area "by
     an employed person at the same level as the person concerned in the occu­
     pation which he followed before "becoming an invalid over a reference period
     to be determined by the institution responsible for payment and . where
     appropriate , the opinion of a medical expert on the state of health of the .
     person concerned      □
33 - Article 60 shall be replaced by the following s
           ^IMPLEMENTATION , OF ARTICLES 52 AND 53 OF THH REGULATION
                                     Article 60
     Benefits in kind in the case of residence in a Member State other than the
     competent State
     1.        In order to receive benefits in kind under Article 52 ( a) of the
     Regulation , an employed or self-employed person shall submit to the insti­
     tution of the place of residence a certified statement testifying that he is
     entitled to such benefits in kind . This certified statement , based upon
     information supplied by the employer , where appropriate , shall be issued by
     the competent institution . Moreover , if the legislation of the competent State
     so provides , the employed or self-employed person shall submit to the institu­
     tion of the place of residence a receipt from the competent institution of
     notification of an accident at >rork or ox an occupational disease . If the
     person concerned does not submit such documents , the institution of the place
     of residence shall obtain them fro;.; the competent institution and , pending
     their arrival , it shall grant him the benefits in kind under sickness insu­
     rance , provided that he satisfies trie conditions for entitlement thoretc .
      2.       That certified statement shs.ll remain valid until the institution of
      the place of residence receives notification of its cancellation „ However ,
      when the said certified statement has been issued by a French in.stitut.ion , it
      shall only be valid for six months following the date of its issue , and must
      be renewed every six months' .
 ---pagebreak---                                 - 40 -
3.         If the person concerned, is a S3asonal worker , the certified
©tatorrisnt roftoad to in paragraph 1 eha.ll be valid few? the whols> of
the expected duration of the seasonal work unless , in the meanwhile ,
the competent institution notifies the institution of the place of resi­
dence of its cancellation .
k.         Upon each application for benefits in kind , the person concerned
shall submit the supporting documents required for the granting of benefits
in kind under the legislation of the Member State in whose territory he
resides .
                ?
            * » '
5.         In the event of hospitalization the institution of the place of
residence shall , within three days of becoming aware of the fact , notify
the competent institution of the date of entry into hospital , the probable
duration of hospitalization and the da,te of lea,ving hospital ,
6=         The institution of the place of residence shall notify the compe­
tent institution in advance of any decision relating to the granting
of benefits in kind where the likely or actual cost exceeds a lump sum
 which is fixed and periodically reviewed by the Administrative Commission .
The competent institution shall have 15 days from the day on which such
information is sent within which to raise any objection and to state the
reasons on which such objection is based ? if , at the end of that period , no
such objection has been raised , the institution of the place of residence
shall grant the benefits in kind . Where such benefits in kind have to be
granted in a case of extreme urgency , the institution of the place of
residence shall forthwith inform the competent institution thereof „
7.         The person concerned shall inform the institution of the place of
residence of any change in his situation which is likely to alter his enti­
tlement to benefits in kind , in particular any cessation or change of
employment or self-employment or any transfer of residence or stay . Likewise ,
should the person concerned cease to be insured or cease to be entitled to
benefits in kind the competent institution shall inform the institution of
the place of residence accordingly . The institution of the place of residence
may , at any time , request the competent institution to supply it with any
 information relating to the insurance of the person concerned or to his
entitlement to benefits in kind .
 ---pagebreak--- 8.        In the case of frontier workers , medicinal products , 'bandages ,
spectacles and small appliances may "be issued , and laboratory analyses and
tests carried out , only in the territory of the Member State in which they
were prescribed in accordance with the provisions of the legislation of
that Member State .
9.        Two or more Member States or the competent authorities of these
Member States may , having received the opinion of the Administrative Commis­
sion , agree on the implementing provisions      a
Article 6l shall be replaced by the following :
                         -« Article 61
Cash benefits other than pensions in the case of residence in a Member State
other than the competent State
1„        In order to receive cash benefits other than pensions under
Article 52 (b) of the Regulation , an employed or self-employed person
shall , within three days of commencement of the incapacity for work , apply
to the  institution of the place of residence by submitting a notification of
having  ceased work or , if the legislation administered by the competent insti­
tution  or by the institution of the place of residence so provides , a certi­
ficate  of incapacity for work issued by the doctor providing treatment for
the person concerned .
2.        If the doctors providing treatment in the country of residence dc
not issue certificates of incapacity for work , the person concerned shall
apply directly to the institution of the place cf residence witr L: the time
 limit fixed by the legislation which it administers .
 That institution shall immediately have the incapacity for work medically
 confirmed and the certificate referred to in paragraph "! drawn up . Such
 certificate shall state the probable duration of the incapacity and shall
 be forwarded to the competent institution forthwith .
 ---pagebreak---                                 - 42 -
3.        In cases where paragraph 2 does not apply , the institution of the
place of residence shall , as soon as possible and in any event within the
three days following the date on which the person concerned applied to it ,
have him medically examined as if he were insured with that institution .
The report of the examining doctor shall indicate , in particular , the pro­
bable duration of the incapacity for work , and shall be forwarded to the
competent institution by the institution of the place of residence within
the three days following the date of the examination .
A-.       The institution of the place of residence shall subsequently carry
out any necessary administrative checks or medical examinations of the
person concerned as if he were insured with that institution . As soon as it
establishes that he is fit to resume work it shall forthwith notify the
person concerned and the competent institution accordingly , stating the date
on which the incapacity for work ceased . Without prejudice to the provisions
of paragraph 6 , the notification to the person concerned shall, be treated as
a decision taken on behalf of the competent institution .
5'        In all cases , the competent institution shall reserve the right to
have the person concerned examined by a doctor of its own choice .
6.        If the competent institution decides to withhold the cash benefits
because the person concerned has not completed the formalities laid down by
the; legislation of the country of residence , or if it establishes that the
person concerned is fit to resume work , it shall notify the person concerned
of its decision and shall simultaneously send a copy of such decision to the
institution of the place of residence ..
7.        When the person concerned resumes work , he shall notify the competent
institution accordingly if such notification is required by the legislation
administered by that institution .
8*        The competent institution shall pay cash benefits by the appropriate
method , in particular by international money order , and shall inform the
institution of the place of residence and the person concerned accordingly .
Where cash benefits are paid by the institution of the place cf residence on
behalf of the competent institution , the latter shall inform the parson con­
cerned of his rights and shall notify the institution of the place of
 ---pagebreak---                                       - 43 -
     residence of the amount of the cash benefits , the dates for payment and
     the maximum period during which they should he granted , in accordance with
     the legislation of the competent State .
     9.         Two or more Member States or the competent authorities of those
     Member States may , having received the opinion of the Administrative Commis­
     sion , agree on other implementing provisions .*- □
35 . Article 62 shall be replaced by the following :
             -" IMPLEMENTATION OF ARTICLE 55 OF THE REGULATION
                     3>
                  ' 9'
                                  Article 62            ^
     Benefits m kind in the case of a stay in a Member State other than the
     competent State
     1.         In order to receive benefits in kind , a person employed in inter­
     national transport covered by Article iPr (2 ) (a) of the Regulation who , in
     the course of his employment , goes to the territory of a Member State other
     than the competent State , shall , as soon as possible , submit to the institu­
     tion of the place of stay a special certified statement issued by the employer
     or by his agent during the current calendar month or during the two calendar
     months preceding its submission , Such certified statement shall state in
     particular the date from which the person concerned has been employed by the
     said employer and the name and address of the competent institution . If the
     person concerned has submitted such certified statement , he shall be presumed
     to have satisfied the conditions for acquisition of the right to benefits in
     kind . If the person concerned is unable to contact the institution of the place
     of stay before receiving medical treatment he shall nevertheless receive such
     treatment on presentation of the said certified statement as if he were insured
     with that institution .
     2.         The institution of• the place of stay shall within three days inquire
      of the competent institution whether the person concerned satisfies the
 ---pagebreak---                                 - 44 -
conditions for acquisition of trio ri^ht to benefits in kind... The institution
01 the place of stay shall provide the benefits in kind until it receives a
reply from the competent institutions bat for not more than 30 days ,
3.        The competent institution shall send its reply to the institution of
the place of sx,ay within 10 de,ys of ,he receipt of the request from that
institution . If that reply is in the affirmative , the competent institution
shall indicate , if necessary , the maximum period during which the benefits
in kind may be granted , in accordance with the legislation which it adminis­
ters and the institution of the place of stay shall continue to provide the
said benef its .
k.        Benefits in kind provided by virtue of the presumption made in
paragraph 1 shall be reimbursed as provided for in Article 36 ( l ) of the
Regulation .
5^        In p3a.ce of the certified statement provided for in paragraph 1 ,
the person concerned may submit to the institution of th$ place of stay a
certified statement as provided for in paragraph 6 .
6„        In. order to receive benefits in kind under Article 55 0-) (a) ( i)
of the Regulation , except in cases where a presumption is made tinder para-
giapn 1 , the employed or self-employed person shall submit to the institution
of the place of stay a certified statement, stating that he is entitled to
oenefitfa in kind . Such certified statement , which shall be issued by the com­
petent institution , If possible before the person concerned leaves the
territory of the Member State in which he resides , shall specify in particular ,
where necessary , the maximum pericu. during which benefits in kind -iiay be
granted , in accord.anoe with the legislation of the competent State . If the
person concerned does not submit the said certified statement , the institution
of the place of stay shall obtain it from the competent institution .
?•        The provisions of Article 60 (5) , (6 ) and ( 9 ) of the Implementing
Regulation shall apply by analogy . w- □
 ---pagebreak---                                - 45   -
Article 63 shall "be replaced by the following ;
             >
                             Article 63
Benefits in kind for employed or self-employed persons who transfer their
residence or return to their country of residence , and for employed or
self-employed persons authorized to go to another Member State for medical
treatment
1.        In order to receive benefits in kind under Article 55 ( l ) ( b) ( i )
of the Regulation , an employed or self-employed person shall submit to the
institution of the place of residence a certified sta.tement testifying that
he is entitled to continue receiving the said benefits . This certified
statement , which shall be issued by the competent institution , shall specify
in particular , where necessary , the maximum period during which such benefits
may continue to be provided ? in accordance with the provisions of the legis­
lation of the competent State , The certified statement may , at the request
of the person concerned ;, be issued after his departure if , for reasons of
" force majeure ", it cannot be drawn up beforehand .
2.        The provisions of Article 60 ( 5 ), ( 6 ) and ( 9 ) of the Implementing
Regulation shall a.pply by 'analogy .
3.        Paragraphs 1 and 2 shall apply by analogy in respect of the provision
of benefits in kind in the case referred to in Article 55 ( i) ( c ) (0 °f "the
Regulation .     □
Article 6ht shall be replaced by the following :
                             Article w
Gash benefits other tha.n pensions in the case of a stay in a Member State
other than the competent State
 ---pagebreak---                                       ~ 4ó ~
     Tt.s provisions of .Article 61 of the Implementing Regulation shall apply
     Uy          in rce.pcot ci" Uif         t of. Cw6''i h^riOfxr a v o+-h- ;^ t^'-Vr;. pensions ,
     under Article 55 ( l ) (a) ( ii ) of the Regulation . However , without prejudice
     to the obligation to submit a certificate of incapacity for work , an employed
     or self-employed person who is staying in the territory of a Member State
     without pursuing any professional or trade activity there shall not be
     required to submit the notification of having ces.sed work referred to in
     Article 61 ( l) of the Implementing Regulation               □
38 . Article 66 shall be replaced by the following :
                                 -« Article 06
     Disputes concerning the occupational nature of the accident or disea.se
     1.        When j, in the cases referred, to in Article 52 or 55 ( l) of the
     Regulation , the competent institution disputes the application of the
     legislation relating to accidents at work or occupational diseases , it
     shall forthwith notify that fact to the institution of the place of residence
     or institution of' the place of stay which provided the benefits in kind ; those
     benefits shall then be considered, as coming under sickness insurance and
     shall continue to be provided, thereunder upon presentation of the certifi­
     cates or certified statements referred to in Articles 20 and. 21 of the
     Implement Ing Regulat ion „
     2.        When a final decision has been reached on this subject , the
     competent institution shall forthwith notify the fact to the institution
     of the place of residence or to the institution of the pla.ce of stay which
     provided the benefits in kind . Where the case is net one of an accident at
     work or an occupational disease that institution shall continue to provide
     the said benefits in kind under sickness insurance if the employed or _
     self-employed person is entitled thereto . In other cases , the benefits in
      kind received by the person concerned under sickness insurance shall be
      considered as benefits for an accident at work or an occupational disease                     □
 ---pagebreak---                                     - 47 -
39 , Article 71 shall be replaced "by the following s
                 7
              IMPLEMENTATION OF ARTICLE 60 OF THE REGULATION
                                 Article 71
     Aggravation of an occupational disease
     1.       In the cases covered by Article 60 ( l ) of the Regulation , the
     claimant shall supply the institution of the Member State from which he
     is claiming rights to benefits with all information relating to benefits
     previously granted in respect of the occupational disease in question .
     That institution may apply to any other institution which has previously
     been competent in order to obtain any information which it considers
     necessary .
     2.       In the case covered by Article 60 ( l) ( c ) of the Regulation , the
     competent institution required to pay the cash benefits shall notify the
     other institution concerned , for its approval , of the amount of costs to
     be borne by the latter institution as a result of the aggravation , together
     with appropriate supporting evidence . At the end of each calendar year , the
     first institution shall send the second institution a statement of the cash
     benefits paid during the financial year in question , showing the amount due
     from the latter institution which shall make the refund to the first insti­
     tution as soon as possible , and within three months at the latest .
     3.        In the case referred to in the first sentence of Article 60 ( 2 ) ( b)
      of the Regulation , the institution responsible for payment of cash benefits
      shall notify the competent institutions concerned , for their approval , of
      the cha.nges made in the previous apportionment of costs , together with the
      appropriate supporting evidence .
      4.       In the case referred to in the second sentence of Article 60 (2 ) (b )
      of the Regulation , the provisions of paragraph 2 shall apply by analogy .*– □
 ---pagebreak---                                  - 48 -
AQ Article 72 shall "be replaced by the following ;
           – IMPLEMENTATION OF ARTICLE 61 (5 ) OF THE REGULATION •
                               Article 72
   Assessment of the degree of incapacity in the case of an accident at work
   sustained previously or an occupational disease diagnosed previously
   1.        In order to assess the degree of incapacity in the case referred
   to in Article 61 (5 ) of the Regulation , a claimant shall supply the compe­
   tent institution of the Member State to whose legislation he was subject at
   the time when the accident at work was sustained or the occupational disease
   was first diagnosed , with all information ori previous accidents at work
   sustained or occupational diseases contracted by him when he was subject to
   the legislation of any other Member State , whatever the degree of incapacity
   caused by those previous cases .
   2„        In accordance with the legislation which it administers in respect
   of the acquisition of the right to benefit ,, and the determination of the
   amount of benefit , the competent institution shall take into account the
   degree of incapacity caused by those previous cases ,
   3.        The competent institution may apply to any other institution which
   was previously competent in order to obtain any information which it considers
   necessary ,.
   When a previous incapacity for work was caused by an accident sustained
   while the person concerned was subject to the legislation of a Member State
   which makes no distinction as tc the origin of the incapacity for work , the
   competent institution in respect of the previous incapacity for work or the
   body designated by the competent- author .ity of the Member State concerned
   shall p at the request of the competent institution of another Member State ,
   supply information on the degree of the previous incapacity for work and ,
   as far as possible f any information which would make it possible to determine
   whether the incapacity was the result of an accident at work within the meaning
   of the legislation administered by the institution of the second Member State-
   Where such is the case , the provisions of paragraph 2 shall apply by analogy .*- □
 ---pagebreak--- Article 73 shall "be replaced by the following :
        – IMPLEMENTATION OF ARTICLE 62 ( l) OF THE REGULATION
                            Article 73
Institutions to which workers in mines and similar undertakings may
apply when staying or res iding in a Member State other than the
competent State
1.        In the cases referred to in Article 62 ( l) of the Regulation
and where , in the country of stay or residence , the benefits provided
under the insurance scheme for accidents at work and occupational
diseases covering manual workers in the steel industry are equivalent
to those provided under the special scheme for workers in mines and
similar undertakings , workers belonging to the latter category may
apply to the nearest institution in the territory of the Member State
in which they are staying or residing specified in Annex 3 of the
Implementing Regulation , even if the latter is an institution of the
scheme applicable to manual workers in the steel industry , which insti­
tution shall then provide such benefits .
2„        Where the benefits provided under the special scheme for worksa?s
in mines and similar undertakings are more advantageous , such workers
shall have the option of applying either to the institution responsible
for the administration of that, scheme s or to the nearest institution in
the territory of the Member State in which they are staying or residing ,
 which administers the scheme for manual workers in the steel Industry .
 In the latter case the institution in question shall draw the attention
 of the person concerned to the fact that by applying to the institution
 responsible for the administration of the abovementioned special scheme ,
 he will obtain more advantageous benefits ; it must , furthermore , inform
 him of the name and address of such institution . s–  □
 ---pagebreak---                                       - 50 -
4-2 . Article 75 shall "be replaced "by the following ;
              – SUBMISSION AND INVESTIGATION OF TENSION CLAIMS ,
                 EXCLUDING PENSIONS IN RESPECT OF OCCUPATIONAL DISEASES
                 COVERED BY ARTICLE 57 OF THE REGULATION
                               Article 75
      1.         In order to receive a pension or supplementary allowance
      under the legislation of a Member State , an employed or self-employed^^
      person or his survivors residing In the territory of another Member
      State shall make a claim either to the competent institution , or to
      the institution of the place of residence , which shall forward such
      claim to the competent institution . The submission of the claim shall
      be subject to the following rules s
      ( a) the- claim must be accompanied by the required supporting documents
           and made on the form provided for by the legislation administered
           by the competent institution ;
      ( b) the accuracy of the information supplied by the claimant must be
           established by official documents attached to the claim form , or
           confirmed by the competent bodies of the Member State in whose
           territory the claimant resides .
      2.         The competent institution shall notify the claimant of its
      decision directly or through the liaison body of the competent State ; it
      shall send a copy of that decision to the liaison body of the Member State
      in whose" territory the claimant resides .    □
 ---pagebreak--- 43 .   Article 79 shall be replaced "by the following s
                               –« Article 79
       Certified statement of periods
       1.        In order to invoke the provisions of Article      of the Regulation ,
       a claimant shall submit- to the competent institution a certified statement
       specifying the periods of insurance or residence completed by the employed
       or self-employed person under the legislation to which he was last subject .
       2.        This certified statement shall' be issued , at the request of the
       claimant by the sickness insurance or the old age insurance institution ,
       as the case may be , with which the employed or self-employed person was
     .'last insured . If the claimant does not submit the said certified statement ,
       the competent institution shall obtain it from one or other of the afore­
       mentioned institutions .
       3.        The provisions of paragraphs 1 and 2 shall apply by analogy if ,
       in order to satisfy the conditions of the legislation of the competent
       State , it is necessary to take into account periods of insurance or resi­
       dence previously completed under the legislation of any other Member State . *–
       Article 80 shall be replaced by the following ;
               –■ IMPLEMENTATION OF ARTICLE 67 OF THE REGULATION
                                  Article 80
        Certified statement of periods of insurance or employment
        1.        In order to invoke the provisions or Article 67 ( l ), (2 ) or
        of the Regulation , the person concerned shall submit to the competent
 ---pagebreak---                                     - 52 -
     institution a certified statement specifying the periods of insurance
     or employment completed previously . as an employed parson under the
     legislation to which he was last subject , together with any further
     information required "by the legislation administered by that
     institution .
     2.         This certified statement shall "be issued , at the request of
     the person concerned , either "by the competent institution in respect
     of unemployment of the Member State to whose legislation he was last
     subject , or by another institution designated "by the competent authority
     of the said Member State . If he does not submit the said certified state­
     ment , the competent institution shall obtain it from one or other of the
     aforementioned institutions .                                            • -Wk --
     3.         The provisions of paragraphs 1 and 2 shall apply by analogy if ,
     in order to satisfy the conditions of the legislation of the . competent
     State , it is necessary to take into account periods of insurance or
     employment previously completed under the legislation of any other Member
     State . r–  n
h5 . Article 82 shall be replaced by the following s
                                    Article 82
     Certified statement relating to the members of the family to be taken
     into consideration for the calculation of benefits
     1.         In order to invoke the provisions or Article 68 (2 ) of the
     Regulation,, a person shall submit to the competent institution a certified
     statement relating to the members of his fa.rdly who are resident in the
     territory of a Member State other than the one in which the said institution
     is situated .
     2.         This certified statement shall be issued by the institution
     designated by the competent authority of the Member State in whose territory
 ---pagebreak--- those members of the family resf.de „ It ir.ust certify that the members
of the family are not taker, into consideration for the calculation of
unemployment benefits due to another persor ur-der the legislation of the
said Member State .
The certified statement shall be valid for the 12 months following the
           ? -
date of its issue . It may be renewed ; in such eg.se j, it shall be valid
from the date of its renewal . The person concerned shall immediately
notify the competent institution of any occurence necessitating an amend­
ment to the said certified statement „ Such amendment shall take effect
from the date of such occurrence „
3.        Where the institution issuing the certified statement referred to
in paragraph 1 is not in a position to certify that the members of the
family are not taken into consideration for the calculation of unemployment
benefits due to another person under the legislation of the Member State in
whose territory they reside , the person concerned shall , when submitting
the cert3.fied statement to the competent institution ;, supplement the said
certified statement by a declaration to that effect .
The provisions of paragraph 2 , second subparagraph shall apply by analogy
to that declaration.®-   □
Article 85 shall be replaced by the following i
          IMPLEMENTATION OF ARTICLE 72 OF THE REGULATION
                             Article 85
 Certified statement of periods of employment or self-employment
 1.        In order to invoke the provisions of Article 72 of the Regulation
 a person shall submit to the competent institution a certified statement
 specifying the periods of employment or self-employment completed under
 ---pagebreak---                                - 54 -
the legislation to which he was last subject .
2.        That certified statement shall "be issued , at the request of
the person concerned , either "by the competent institution in respect
of family benefits of the Member State with which he was last insured ,
or by another institution designated by the competent authority of the
said Member State . If he does not submit the said certified statement ,
the competent institution shall obtain it from one or other of the
abovementioned institutions unless the sickness insurance institution -
is able to forward him a copy of the certified statement provided for
in Article 16 ( l ) of the Implementing Regulation .
3.        The provisions of paragraphs 1 and 2 shall apply by analogy if ,
in order to satisfy the conditions of the legislation of the competent
State , it is necessary to take into account periods of employment or
self-employment completed previously under the legislation of any other
Member State .    □
Article 86 shall be replaced by the following :
          IMPLEMENTATION OF ARTICLE 73 ( l) AND ARTICLE" 75 ( l) ( a)
          AND (b) OF THE REGULATION
                             Article 86
Employed persons subject to the legislation of a Member State other than
France
1.        In order to receive family benefits under Article 73 ( l) of
the Regulation , an employed person shall submit a claim to the competent
institution , where necessary through his employer .
2.        In support of his claim , the employed person shall submit a certi­
ficate relating to members of his family residing in the territory of a
Member State other than that in which the competent institution is situated .
 ---pagebreak--- Such certificate shall "be issued., either by the authorities competent in
civil status matters in the country of residence of those members of the
family , or "by the competent institution in respect of sickness insurance
in the place of residence of those members of the family , or by another
institution designated by the competent authority of the Member State in
whose territory those members of the family reside . Such a certificate
must be renewed every year .
3.         Where the legislation of the competent State provides that the
family benefits may or must be paid to a person other than the employed
person , the latter shall also submit in support of his claim , information
identifying the individual to whom the family benefits are to be paid in
the country of residence ( name , forename , full address ).-
           The competent authorities of two or more Member States may agree
on special procedures for the payment, of family benefits , in 'particular
with a view to facilitating the implementation of Article 75 ( l ) ( a) and
 ( b) of the Regulation . Such agreements shall be communicated to the
Administrative Commission ,
                                                                         » -SMV –
5.         An employed person shall inform the competent institution where
necessary through his employer :
-    of any change in the situation of the members of his family which
     might alter entitlement to family benefits ,
     of any change in the number of members of his family for whom family
     benefits are due ,
- of any transfer of residence or stay of such members of the family ,
     of any pursuit of a professional or trade activity by virtue of which
     family benefitr are also due under the legislation of the Member State
     in whose territory the members of the family are resident .    □
 ---pagebreak---                                 - 56 -
Article 87 shall "be replaced by the following ;
         - IMPLEMENTATION OF ARTICLE 73 ( 2 ) OF THE REGULATION
                             Article 87
Employed persons subject to French legislation
1.         In order to receive family allowances under Article 73 ( 2 ) of
the Regulation , an employed person shall submit a claim to the competent
institution which shall issue him with a certified statement testifying
that he is subject to French legislation and is entitled to receive family
allowances . At the same time , the person concerned shall sign a declaration
certifying that no right to family allowances exists under the legislation
of the country of residence of the members of the family , by virtue of a
professions,! or trade activity .
The members of the family shall be registered with the institution of their
place of residence on presentation of that certified statement and of the
supporting documents required by the legislation administered by that insti­
tution for the granting of family allowances .
If the members of the family do not submit the said certified statement , the
institution of the place of residence shall obtain it from the competent
institution ,
2.        The certified statement provided for in paragraph 1 shall remain
valid for a period of three months following the date of its issue , and must
be renewed automatically every three months by the competent institution .
3.         In the case of a seasonal worker , the certified statement provided
for in paragraph 1 shall be vaj.id for the expected duration of seasonal work
unless , in the meantime , the competent- institution notifies the institution
of the place of residence of its cancellation .
 ---pagebreak---                                  - 57 -
H-,        If the legislation of the Member State in whose territory the
members of the family reside provides for the granting of allowances for
a number of days corresponding to the number of days of employment completed ,
while French legislation provides for entitlement to family allowances to
last for one month , the family allowances shall be granted for one month .
5.         In the case referred to in paragraph '-r , when the periods completed
under French legislation are expressed in. units different from those which
are used for the calculation of family allowances under the legislation of
the Member State in whose territory the members of the family reside , the
conversion shall be carried out in accordance with the previsions of Article
15 ( 3 ) of the Implementing Regulation .
6.         The competent institution shall immediately inform the institution
of the place of residence of the members of the family of the date on which
the person concerned ceases to be entitled to family allowances or on which
he transfers his residence from the territory of one Member State to that of
another Member State c
The institution of the place of residence of the members of the family may ,
at any time , request the competent institution to supply it with any infor­
mation relating to the entitlement of the person concerned to family allo­
wances .
If the competent institution considers it necessary , the institution of the
place of residence shall , at its request , verify the declaration referred to
in the first subparagraph of paragraph 1 .
7.         Trie members of the family shall inform the institution of their
place of i>esidence of any change in their situation which is likely to alter
their entitlement to family allowances , in particular any transfer of
residence .-*    0
 ---pagebreak---                                            - 58 -
U9 . In Article 89 , paragraph 2 * Article 87 (2 ) to ( 8)* shall be replaced
       by * Article 87 (2 ) to (7)*
50 . Article 90 ( 1 ) to .( 3 ) shaLl be reDlaced by the following :
    •• 1 .        In order to receive "benefits under Article 77 or 78 of the
       Regulation , a claimant shall submit a claim to the institution of his
       place of residence , in accordance with the procedures laid down by the
       legislation administered by that institution .
       2.           If , however , the claimant does not reside in the territory of
       the Member State in which the competent institution is situated , he may
       submit his claim either to the competent institution or to the institution
       of his place of residence , which shall then forward the claim to the
       competent institution , indicating the date on which it was submitted . The
       date shall be considered as the date of submission of the claim to the competent
       institution .
       3.           If the competent institution referred to in paragraph 2 finds
       that there is no entitlement under the legislation which it administers , it
       shall forward the claim forthwith , together with all necessary documents
       and information , to the institution of the Member State to whose legislation
       the employed or self-employed person was subject for the longest period of
       time .
       Where necessary the matter may have to be referred back , under the same condi­
       tions , to the institution of the Member State under whose legislation the
       person concerned completed the shortest of his periods of insurance or resi­
       dence . "
 ---pagebreak---                                                                                          r
                                       - 59 -
                                                 •»
                ' I'
                                                       %
51 . Article 93 shall be replaced by the following :
                                    Article 93
     Refund of s ickness and maternity insurance benefits other than those provi­
     ded for in Articles 9^ and 95 of the Implementing Regulation
     1.         The actual amount of benefits in kind provided under Article 19 ( l)
     and (2 ) of the Regulation to employed and self-employed persons and to mem­
     bers of their families residing- in the territory of the same Member State ,
     and benefits in kind provided under Articles 21 (2 ), 22 , 25 ( l ), (3 ) and (^) t
     26 , 29 ( l) or 31 of the Regulation , shall be refunded by the competent insti­
     tution to the institution which provided the said benefits as shown in the
     accounts of that institution .
     2.         In the cases referred to in the second subparagraph of Article 21
     (2 ), the second subparagraph of Article 2,2 (3 ) and in Articles 29 (l ) and
     31 of the Regulation , and for the purposes of implementing paragraph 1 , the
     institution of the place of residence of the members of the family or of the
     pensioner , as the case may be , shall be considered the competent institution .
     3.         If the actual amount of the benefits referred to in paragraph 1 is
     not shown, in the accounts of the institution which has provided them , and no
     agreement has been concluded under paragraph . 6 , the amount to be refunded shall
     be determined on the basis of a lurep-sum payment calculated from all the
     appropriate references obtained from the da,ta available . The Administrative
     Commission shall assess the bases to be used for the calculation of the
     lump-sum payments and shall decide the amount thereof ,
                For the purposes of the refund , rates higher than those applicable
     to the benefits in kind. provided to employed or self-employed persons who
 ---pagebreak---                                        - 60 -
     are subject to the legislation administered "by the institution which
     provided the "benefits referred to in paragraph 1 may not be taken into
     account .
     5,        The provision of paragraphs 1 and 2 shall apply by analogy to
     the refund of cash benefits paid in accordance with the provisions of the
     second sentence of Article 18 ( 8 ) of the Implementing Regulation .
     6»        Two or more Member States or the competent authorities of those
     Member States may , having received the Opinion of the Administrative
     Commission , agree to other methods of assessing the amounts to be refunded ,
     in particular on the basis of lump sums .     □
5 2, Article 9^ shall be replaced by -&he following :
                                    Article W
     Refund of benefits in kind provided under sickness and maternity insurance
     to the ■ embers of the family of an employed or self-employed person not
     residing 5n the same Member State as the latter
      1,       The amount of benefits in kind provided under Article 19 ^2 ) of
      the Regulation to the members of the family of an employed 'or self-employed
      person who a.re not residing in the territory of the same Member State as
      the person concerned shall be refunded by the competent institutions to the
      institutions which provided trie said- benefits on the basis of a lump sum in
      respect of each calendar year which is as close as possible to the actual
      expenditure incurred .
      2.       The lump-sum payment shall be determined by multiplying the average
      annual cost per family by the average annual number of families to be taken
      into account and by reducing the resultant amount by 20 % .
 ---pagebreak---                                   - 61 -
3.        The factors necessary for the calculation of the said-lump-sum
shall "be determined as follows J
(a) the average annual cost per family shall be obtained , for each Member
     State , by dividing the annual expenditure on all the benefits in kind
     provided by the institutions of that Member State to all the members
     of the families of employed or self-employed persons who are subject
     to the legislation of the said Member State , under the social security
     schemes to be taken into consideration , by the average annual number
     of such employed or self-employed persons with members of the family ;
     the social security schemes to be taken into consideration for that
     purpose are specified in Annex 9 ;
(b) in dealings between the institutions of two Member States , the average
    annual number of families to be taken into account shall be equal to
     the average annual number of employed or self-employed persons who are
     subject to the legislation of one of those Member States and the members
     of whose families are entitled to benefits in kind to be provided by an
     institution, of the other Member State .
^-        The number of families to be taken into account in accordance with
the provisions of paragraph 3 (b) shall be determined by means of a list
kept for that purpose by the institution of the place of residence , based
upon documentary evidence supplied by the competent institution of the rights
of the persons concerned . In the event of any dispute , the observations of
the institutions involved shall be submitted to the Audit Board provided for
in Article 101 (3 ) of the Implementing Regulation .
5.        The Administrative Commission shall lay down the methods and proce­
dures for determining the calculation factors referred to in paragraphs 3
and
6.        Two or more Member States or the competent authorities of those
Member States may , having received the opinion of the Administrative Commis­
sion , agree on other methods of assessing the amounts to be refunded . »– □
 ---pagebreak---                                          - 62 -
53 . In Article 98 , the heading and paragraphs ( 1 ) to ( 3 ) shall be replaced by the
     fol lowing :
       Members of the families ox employed persons subject to French legislation
       or of unemployed persons receiving •unemployment "benefits under French
       legislation
       1.         The actual amount of the family allowances paid under Articles
       73 (2 ) and 7^ (2 ) of the Regulation shall be refunded by the competent
      French institution to the institution which has paid those family allowances ;,
      as shown in the accounts of the latter institution .
      2.          France and each of the other Member States or the competent
      authorities of France and those of each of the other Member States may s
      by mutual agreement ? provide for lump-sum refund of those family allowances .
       In the case of a lump-sum refund , such lump-sum shall be determined by
      multiplying the average annual cost per family by the average annual number
       of families to be taken into account .
      3*          The factors necessary f<jr the calculation of the said lump- sum
       shall be determined according to the following rules s
     ' ( a) the average annual cost per family shall be obtained by dividing the
            total annual cost of the family allowances paid by the institutions of
            the Member State in whose territory the members of the family are residing ,
            in respect of all the members of the families of employed or unemployed
            persons residing in the territory of that Member State by the average
            a,nnual number of families entitled to benefits ;
       (b; the average annual numoer of families to be taken into account shall be
            equal to the average annual number of employed persons subject to the
            legislation of the competent State and ? where appropriate , of unemployed -
            persons receiving unemployment benefits at the expense of an institution
            of that competent State , the members of whose family are entitled to
 ---pagebreak---                                            - 53 -
              receive family allowances paid by a.n institution of another Member
              St<yte in whose territory they are residing ."
\ 5.4 . Article 108 shall "be replaced by the following :
                                          Article 108
        Proof of status of seasonal worker
         In order to prove that he is a seasonal worker , the employed person covered
        "by Article 1 ( c ) .of the Regulation shall be required to submit his contract
         of employment stamped by the employment services of the Member State in whose
        territory he has gone to work or has worked . If no seasonal employment contract
        is concluded in that Member State , the institution of the country of employment
        shall , where appropriate , issue , in the case of a claim for benefits , a
        certificate attesting that , on the basis of information supplied by the
        person concerned , the work which he is doing or has done is of a seasonal
        nature .      n
                                                   9
 ---pagebreak---                                          - 64 -
55 . Article 109 shall be replaced by the following :
                                 Article 109
     Arrangement for payment of contributions
     The employer who has no place of business in the Member State in whose
     territory the employed person is employed may agree with the latter that
     he shall assume the obligations of the employer with regard to the payment
     of contributions .
     The employer shall notify the competent institution or , where necessary ,
     the institution designated by the competent authority of the said Member
     State of any such arrangement .       □
56 . Article 113 shall be replaced by the following :
                                 Article 113
     Recovery of benefits in kind provided but not due to persons employed
     in international transport
     1.         If the right to benefits in kind is not recognized by the competent
     institution , the benefits in      kind    which have been provided to a person
     employed in international transport by the institution of the place of stay
     by virtue of the presumption referred to in Article 20 ( l ) or 62 ( l) of the
      Implementing Regulation , shall be refunded by the competent institution .
      2,        Expenses incurred by the institution of the place of stay in respect
      of any person employed in international transport who has not previously
      applied to the institution of the pla.ce of stay and is not entitled to bene­
      fits in kind but has nevertheless received benefits in kind upon presentation
      of the certified statement referred to in Article 20 ( l ) or 62 ( l ) of the
       Implementing Regulation , shall be refunded by the institution shown as compe­
      tent in the said certified statement or by any other institution designated for
       that purpose by the competent authority of the Member State concerned .
 ---pagebreak---                                               - 65 -
       3.        The competent institution or 5 in the case referred to in paragraph 2 ,
       th» institution shown M compotent 02? tho institution, designated f©» that
       purpose shall debit the recipient of "benefits with the value of the benefits
       in kind which were provided but were not due to him . The said institutions
       shall notify these debits to the Audit Board referred to in Article' 101 (3 )
       of the Implementing Regulation which shall draw up a statement thereof . *-
57 .   In Article     114 - * to a worker * shall be deleted .
58 .   Article 119 shall be replaced by the following s
                                            Article 119
       Transitional provisi ons relating to family benefits
       1.        The rights referred to in Article 9^ ( 9) of the Regulation shall
       be those enjoyed by employed persons in respect of members of their families
       giving entitlement to family benefits , a.t the rate and within the limits
       applicable on the day preceding that of the entry in force of the Regulation ,
       pursuant either to Article ^-1 or Annex D to Regulation N° 3 ? or to .Article 20
       or Annex 1 to Council Regulation N° 36/63/EEG           2 April 1963 9 on social
       security for frontier workers . ( 1 )
       2.         Provided that the amount of the family benefits referred to in
       paragraph 1 is higher than the amount of the family allowances which would
       be due under Article 73 (2 ) of the Regulation , it. shall be the respond bility
       of the French competent institution to ensure payment thereof to the employed
                         >                                                   '
     : person , or directly to the members of his family at their place of residence ,
       in respect of the children giving entitlement to such benefits ,
       3.         Where the family benefits have to be paid under Article 73 (2 ) of
       the Regulation t the institution of the place of residence of the members of
       the family shall ensure payment of family allowances in accordance with the
        provisions of the legislation which it adifiinisters f. reimbursement to be made
       by the French competent institution .
             TV /-, or i      O. 1M4 / 63 .
 ---pagebreak---                             - 66 -
4.       In the bilateral relations between the Member States concerned ,
the procedure for implementing the present Article shall be determined by
those Member States or their competent authorities .-* □
 ---pagebreak---                             - 67    -
                         Article 2
Annexes 2,3 , 9 an: 11 of Reg-ul^- Lion ( E-c ) *t° 57^-/72 shall "he amenl..^
as follows :
 ---pagebreak---                                  - 68 -
                           Article 3
Neither Regulation (EEC ) N° 1390/81 of the Council nor this Regulation
shall affect rights acquired , prior to their entry into force , under
Regulation ( EEC ) N° 1^08/71 and Regulation ( EEC ) N° 57V72 •
                           Article 4
Transitional provisions relating to pensions
1.         Where the date on which the contingency arises precedes the date
on which this Regulation enters into force , and where the claim for pension
has not yet "been awarded before the latter date , such claim shall give rise
to a double award , inasmuch as "benefits must be granted , pursuant to such
contingency , for a period prior to the last-mentioned date :
( a) for the period prior to the entry into force of this Regulation , in
     accordance with the provisions of Regulation (EEC ) N° 1^08/71 or of
     agreements in force between the Member States concerned ;
(b) for the period commencing from the date on which this Regulation enters
     into force , in accordance with the provisions of Regulation (EEC )
     N° 1^K)8/71 as amended by Regulation (EEC ) N° 1390/81 .
If , however , the amount calculated in pursuance of the provisions referred
to in          ( a ) above           is greater than that calculated in pursuance
of      _ ( b ) above ,                     the person concerned shall continue
to be entitled to the amount calculated in pursuance of the provisions
refex-red to in the preceding subparagraph .
2.         A claim for invalidity , old age and survivors' benefits submitted
to the institution of a Member State , as from the date on which this Regulation
enters into force , shall automatically necessitate the reassessment of the
benefits that have already been awarded for the same contingency prior to
that date by the institution; . or institutions of one or more of the other
Member States , in accordance with the provisions of Regulation ( EEC ) N° 1^08/71
as amended by Regulation (EEC ) N° 1390/81 , without prejudice to the provisions
of Article 3 «
 ---pagebreak---                                - 69 -
                        Article 5
This Regulation shall enter into force on the first day of the seventh
month following its publication in the Official Journal of the European ,
Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .