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Compendium of Community provisions on social security

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442 pages
Social protection and social security
Community secondary legislation
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Compendium
of Community provisions on
social security
". 1
Commission of the European Communities
1988 (third edition) Compendium
of Community provisions
on social security
Third edition (31 December 1986)
Commission of the European Communities - 1988 The third edition of the Compendium of Community provisions on social security has been drawn
up by the Social Security for Migrant Workers Division of the Directorate-General for
Employment,l Affairs and Education of the Commission of the European Communities in
collaboration with Mr G. Perl, Assistant Adviser at the Ministry of Social Welfare in Brussels. The
Office for Official Publications of the European Communities was responsible for its technical
production.
The Commission of the European Communities is not responsible for the contents of this
publication. It is also available in:
ES ISBN 92-825-7313-3
DAN 92-825-7314-1
DE ISBN 92-825-7315-X
GR ISBN-92-825-7316-8
FR ISBN-92-825-7318-4
IT ISBN-92-825-7319-2
NL ISBN-92-825-7320-6
PT ISBN-92-825-7321-4
Cataloguing data can be found at the end of this publication
Manuscript completed in December 1986
Luxembourg: Office for Official Publications of the European Communities, 1988
ISBN 92-825-7317-6
Catalogue No: CE-48-87-444-EN-C
© ECSC — EEC — EAEC, Brussels · Luxembourg, 1988
Reproduction authorized in whole or in part, provided the source is acknowledged.
Printed in Belgium Table of contents
Introduction 4
Part One
I Statutory texts 7
II Administrative Commission 163
III Judgments of the Court of Justice of the European Communities .. 217
Part Two
I Commentary 267
II List of model forms 35
III Social security guides9
IV Preambles to Council and Commission regulations 361
Table of amending regulations of the Council and Commission 375
Table of Judgments of the Court of Justice 377
Alphabetical index 38INTRODUCTION
In 1983 the Commission of the European Communities published — decisions and recommendations of the Administrative Com­
the second edition of the Compendium of Community provisions mission on Social Security for Migrant Workers;
on social security which was updated on 30 June 1985. — the case-law of the Court of Justice in chronological order, as
The present work Is the third edition of the Compendium, adopted published in the Official Journal of the European Com­
on 31 December 1986. munities.
Part One of the Compendium reproduces Regulations (EEC)
Part Two of the Compendium contains: Nos 1408/71 and 574/72 amended since their updating by
Regulation (EEC) No 2001/83 of 2 June 1983 (OJ L 230, 22.8.1983) — Commentary on regulations following the order of the
provisions of Regulation (EEC) No 1408/71. and, in particular, by the following:
— Council Regulation (EEC) No 1660/85 of 13 June 1985 (OJ L — The list of the decisions and the list of model forms drafted by
160, 13.6.1985), Council Regulation (EEC) No 1661/85 of the Administrative Commission for the application of the
regulations. 13 June 1985 laying down the technical adaptations to the
Community rules on social security for migrant workers with — The preambles to Regulations Nos 1408/71 and 574/72 and the
regard to Greenland: subsequent amending regulations are also reproduced in
extenso. The reader should consult them carefully since these — Act of 12 June 1985 concerning the conditions of accession of
the Kingdom of Spain and the Portuguese Republic to the EEC provisions reflect the objects of the Community legislature.
(OJ L 302, 15.11.1985);
The practical Interest of this publication mainly lies in the fact that
— Council Regulation (EEC) No 3811/86 of 11 December 1986 all the sources of Community law are consolidated in one single
amending Article 14c of Regulation (EEC) No 1408/71 applying
work of reference. special rules to persons who are simultaneously employed In
the territory of one Member State and self-employed in the
The subject matter of the Commentaries is perforce limited in territory of anotherr State and laying down the
scope: it is to enable the reader to acquaint himself with the procedures for. Implementing that Article.
general objects of the Community legislature and to encourage
The texts of the regulations are numbered throughout. consultation of the decisions of the Court of Justice and of the
Administrative Commission. Reference Is made to the amending regulations (see table of
amending regulations), the case-law of the Court of Justice of the
The Compendium includes the following annexes: European Communtles (see table of judgments of the Court of
Justice) and the Commentaries. — Table of Council and Commission Regulations.
These are followed by: — Table of Decisions of the Court of Justice.
— decisions and communications of the Member States concern­ — Alphabetical index compiled on the basis of classification
ing the application of the regulations: categories designed for easy reference. Part One COMPENDIUM OF COMMUNITY PROVISIONS ON SOCIAL SECURITY
Contents of Part One
I — Statutory texts
1. Council and Commission regulations 7
A — Regulation (EEC) No 1408/71
B —n) No 574/72 65
C —n (EEC) No 1661/85 143
2. Declarations and notifications by the Member States concerning the application of the regulations
A —s (Article 5)7
Β — Notificationse 1 (j) and Article 8 (2)) 159
II — Administrative Commission
1. Rules of the Administrative Commission 16
2. Decisions and recommendations of the Administrative Commission
A — Decisions
Β — Recommendations 20
III — Judgments of the Court of Justice of the European Communities 217 I - Statutory texts
1. Council and Commission regulations
A — Regulation (EEC) No 1408/71 of the Council on the application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within the Community
Page
TITLE I: GENERAL PROVISIONS (Articles 1 to 12) 9
TITLE II: DETERMINATION OF THE LEGISLATION APPLICABLE (Articles 13 to 17) 13
TITLE III: SPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFITS .... 17
Chapter 1 : Sickness and maternity
Section 1 : Common provisions (Article 18) 17
Section 2: Employed or self-employed persons and members of their
families (Articles 19 to 24)
Section 3: Unemployed persons and members of their families (Article
25) 19
Section 4: Pension claimants and membersof theirfamilies (Article26) 1
Section 5: Pensioners and members of their families (Articles 27 to 34) 20
Section 6: Miscellaneous provisions (Article 35) 21
Section 7: Reimbursement between institutions (Article 36)2
Chapter 2: Invalidity
Section 1 : Employed or self-employed persons subject only to legis­
lations under which the amount of invalidity benefits is
independent of the duration of periods of insurance (Articles
37 to 39) 22
Section: Employed or self-employed persons subject either only to
legislations under which the amount of invalidity benefit
depends on the duration of periods of insurance or residence
or to legislations of this type and of the type referred to in
Section 1 (Article 40)3
Section 3: Aggravation of invalidity (Article 41) 24
Section 4: Resumption of provision of benefits after suspension or
withdrawal — Conversion of invalidity benefits into old-age
benefits (Articles 42 and 43)
Chapter3: Old age and death (pensions) 25
Chapter 4: Accidents at work and occupational diseases
Section 1 : Right to benefits (Articles 52 to 59)8 Section 2 : Aggravation of an occupational disease for which the benefit
has been awarded (Article 60) 30
Section 3: Miscellaneous provisions (Articles 61 and 62)
Section 4: Reimbursements between institutions (Article 63) 31
Chapter 5 : Death grants 3
Chapter 6: Unemployment benefits
Section 1 : Common provisions (Articles 67 and 68) 32
Section 2: Unemployed persons going to a Member State other than the
competent State (Articles 69 and 70)
Section:d persons who, during their last employment,
were residing in a Member State other than the competent
State (Article 71)3
Chapter 7: Family benefits and family allowances
Section 1 : Provisions common to benefits for employed, self-employed
and unemployed persons (Article 72) 3
Section 2: Employed and unemployed persons whose families reside in
a Member State other than the competent State (Articles 73 to
76) 34
Chapter 8: Benefits for dependent children of pensioners and for orphans 35
TITLE IV: ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS
(Articles 80 and 81 )7
TITLE V: ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS (Articles 82
and 83) 39
TITLE VI:
MISCELLANEOUS PROVISIONS (Articles 84 to 93) 41
TITLE VII:
TRANSITIONAL AND FINAL PROVISIONS (Articles 94 to 100)3
ANNEXES
Annex I : Persons covered by the Regulation 45
Special schemes for self-employed persons excluded from the scope of the Regulation Annex II :
pursuant to the fourth subparagraph of Article 1 (j) — Special childbirth allowances
excluded from the scope of the Regulation pursuant to Article 1 (u) 46
Annex III : Provisions of social security conventions remaining applicable notwithstanding Article 6
of the Regulation — Provisions of social security conventions which do not apply to all
persons to whom the Regulation applies7
Annex IV: Legislation referred to in Article 37 (1) of the Regulation under which the amount of
invalidity benefits is independent of the length of periods of insurance 50
Annex V: Concordance between the legislations of Member States on conditions relating to the
degree of invalidity 51
Annex VI: Special procedures for applying the legislations of certain Member States 55
Instances in which a person shall be simultaneously subject to the legislation of two Annex VII:
Member States 63
8

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