Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71

Published date30 January 1997
Subject MatterFree movement of workers,Social provisions,Provisions under Article 235 EEC,Social security for migrant workers
Official Gazette PublicationOfficial Journal of the European Communities, L 28, 30 January 1997
EUR-Lex - 31997R0118 - EN

Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71

Official Journal L 028 , 30/01/1997 P. 0001 - 0229


COUNCIL REGULATION (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 51 and 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Parliament (2),

Having regard to the Opinion of the Economic and Social Committee,

Whereas, for the sake of coherence and clarity, it is appropriate to adapt the wording of certain provisions of Council Regulations (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving with the Community (3) and (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (4); and to delete other provisions that have become invalid and superfluous; whereas these amendments are of an exclusively technical nature, intended to improve the said Regulations;

Whereas since the latest updating of Regulations (EEC) No 1408/71 and (EEC) No 574/72 through Council Regulation (EEC) No 2001/83 (5) several amendments have been made; whereas it is therefore appropriate, in order to render the relevant Community rules more transparent and accessible, to adopt a new updated version of the abovementioned Regulations, in the form of a single text for each of the Regulations (EEC) No 1408/71 and (EEC) No 574/72, which appear in Parts I and II respectively of Annex A; whereas it is already also opportune to present, in an appendix to Part II of this Annex, the text of Article 95 of Regulation (EEC) No 574/72 as amended by Regulation (EC) No 3095/95 (6), which will apply as from 1 January 1998 or, in relations with the French Republic, from 1 January 2002;

Whereas Article 106 of the Treaty establishing the European Economic Community, concerning the balance of payments, was deleted by Article G of the Treaty on European Union and Article 73b (2) of the Treaty establishing the European Community prohibits all restrictions on payments among the Member States;

Whereas, in order to attain the objective of free movement for workers in the field of social security, it is necessary and appropriate that the rules relating to the coordination of national social security schemes should be amended through a Community legal instrument that is binding and directly applicable in each Member State;

Whereas the amendments introduced by this Regulation comply with the condition set by the third paragraph of Article 3b of the Treaty establishing the European Community,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1408/71 shall be amended as follows:

1. Article 82 (4) shall be replaced by the following:

'4. The Advisory Committee shall be chaired by a representative of the Commission. The chairman shall not vote.`.

2. the first sentence of Article 88 shall be replaced as follows:

'Where appropriate, money transfers effected in accordance with this Regulation shall be made in accordance with the relevant agreements in force between the Member States concerned at the time of transfer.`.

3. Article 100 shall be deleted.

Article 2

The title, recitals, table of contents and provisions of Regulations (EEC) No 1408/71 and (EEC) No 574/72 shall be replaced by the text contained in Annex A Parts I and II respectively, which take account of the amendments made in Article 1 of this Regulation.

Annex B contains the list of amending acts to the Regulations referred to in the foregoing paragraph.

Article 3

This Regulation shall enter into force on the first day of the 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.

Done at Brussels, 2 December 1996.

For the Council

The President

E. FITZGERALD

(1) OJ No C 249, 27. 8. 1996, p. 10.

(2) OJ No C 362, 2. 12. 1996.

(3) OJ No L 149, 5. 7. 1971, p. 2. Regulation as last amended by Regulation (EC) No 3096/95 (OJ No L 335, 30. 12. 1995, p. 10).

(4) OJ No L 74, 27. 3. 1972, p. 1. Regulation as last amended by Regulation (EC) No 3096/95 (OJ No L 335, 30. 12. 1995, p. 10).

(5) OJ No L 230, 22. 8. 1983, p. 6.

(6) OJ No L 335, 30. 12. 1995, p. 1.

ANNEX A

PART I

Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (8) (9) (10) (11)

CONTENTS

Page

TITLE I: GENERAL PROVISIONS (Articles 1 to 12) . 8

TITLE II: DETERMINATION OF THE LEGISLATION APPLICABLE (Articles 13 to 17a) . 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) . 17

Section 3: Unemployed persons and members of their families (Article 25) . 19

Section 4: Pension claimants and members of their families (Article 26) . 20

Section 5: Pensioners and members of their families (Articles 27 to 34) . 20

Section 6: Miscellaneous provisions (Article 35) . 22

Section 7: Reimbursement between institutions (Article 36) . 23

Chapter 2: Invalidity

Section 1: Employed or self-employed persons subject only to legislations under which the amount of invalidity benefits is independent of the duration of periods of insurance (Articles 37 to 39) . 23

Section 2: 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) . 24

Section 3: Aggravation of invalidity (Article 41) . 25

Section 4: Resumption of provision of benefits after suspension or withdrawal - Conversion of invalidity benefits into old-age benefits - Recalculation of benefits granted under Article 39 (Articles 42 and 43) . 26

Chapter 3: Old age and death (pensions) (Articles 44 to 51) . 27

Chapter 4: Accidents at work and occupational disease

Section 1: Right to benefits (Articles 52 to 59) . 32

Section 2: Aggravation of an occupational disease for which the benefit has been awarded (Article 60) . 34

Section 3: Miscellaneous provisions (Articles 61 and 62) . 35

Section 4: Reimbursements between institutions (Article 63) . 36

Chapter 5: Death grants (Articles 64 to 66) . 36

Chapter 6: Unemployment benefits

Section 1: Common provisions (Articles 67 and 68) . 36

Section 2: Unemployed persons going to a Member State other than the competent State (Articles 69 and 70) . 37

Section 3: Unemployed persons who, during their last employment, were residing in a Member State other than the competent State (Article 71) . 38

Chapter 7: Family benefits (Articles 72 to 76) . 38

Chapter 8: Benefits for dependent children of pensioners and for orphans (Articles 77 to 79) . 39

TITLE IV: ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS (Articles 80 and 81) . 41

TITLE V: ADVISORY COMMITEE ON SOCIAL SECURITY FOR MIGRANT WORKERS (Articles 82 and 83) . 42

TITLE VI: MISCELLANEOUS PROVISIONS (Articles 84 to 93) . 43

TITLE VII: TRANSITIONAL AND FINAL PROVISIONS (Articles 94 to 98) . 45

ANNEXES

Annex I: Persons covered by the Regulation . 49

Annex II: Special schemes for self-employed persons excluded from the scope of the Regulation pursuant to the fourth subparagraph of Article 1 (j) - Special childbirth allowances excluded from the scope of the Regulation pursuant to Article 1 (u) - Special non-contributory benefits within the meaning of Article 4 (2b) which do not fall within the scope of Regulation . 53

Annex IIa: Special non-contributory benefits . 57

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 applies . 60

Annex IV: Legislations referred to Article 37 (1) of the Regulation under which the amount of invalidity benefits is independent of the length of periods of insurance - Special schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of Regulation (EEC) No 1408/71 - Cases referred to in Article 46 (1) (b) of the Regulation where the calculation of benefit in accordance with Article 46 (2) of the Regulation may be waived - Benefits and agreements referred to in Article 46b (2) of the Regulation . 76

Annex V: Concordance between the legislation of Member States on conditions relating to the degree of invalidity 81

Annex VI: Special procedures for applying the legislations of certain Member States . 85

Annex VII: Instances in which a person shall be simultaneously subject to the legislation of two Member States . 101

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 51 and 235 thereof,

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