BELGIUM

Does not apply.

F4BULGARIA

Any person working without an employment contract within the meaning of points 5 and 6 of Article 4(3) of the Social Security Code shall be considered a self-employed person within the meaning of Article 1(a)(ii) of the Regulation.

F5F3CZECH REPUBLIC

Does not apply.

F3DENMARK

1. 1.

   Any person who, from the fact of pursuing an activity as an employed person, is subject:

   1. (a)

      to the legislation on accidents at work and occupational diseases for the period prior to 1 September 1977;

   2. (b)

      to the legislation on supplementary pensions for employed persons (arbejdsmarkedets tillægspension, ATP) for a period commencing on or after 1 September 1977, shall be considered as an employed person within the meaning of Article 1 (a) (ii) of the Regulation.

2. 2.

   Any person who, pursuant to the law on daily cash benefits in the event of sickness or maternity, is entitled to such benefits on the basis of an earned income other than a wage or salary shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

F3GERMANY

If the competent institution for granting family benefits in accordance with Chapter 7 of Title III of the Regulation is a German institution, then within the meaning of Article 1 (a) (ii) of the Regulation:

1. (a)

   ‘employed person’ means compulsorily insured against unemployment or any person who, as a result of such insurance, obtains cash benefits under sickness insurance or comparable benefits F2or any established civil servant in receipt of a salary in respect of his/her civil servant status which is at least equal to that which, in the case of an employed person, would result in compulsory insurance against unemployment;

2. (b)

   ‘self-employed person’ means any person pursuing self-employment which is bound:

   • to join, or pay contributions in respect of, an old-age insurance within a scheme for self-employed persons,

     or

   • to join a scheme within the framework of compulsory pension insurance.

F5F3ESTONIA

Does not apply.

F3GREECE

1. 1.

   Persons insured under the OGA scheme who pursue exclusively activities as employed persons or who are or have been subject to the legislation of another Member State and who consequently are or have been ‘employed persons’ within the meaning of Article 1 (a) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (iii) of the Regulation.

2. 2.

   For the purposes of granting the national family allowance, persons referred to in Article 1 (a) (i) and (iii) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (ii) of the Regulation.

F3SPAIN

Does not apply.

F3FRANCE

If a French institution is the competent institution for the grant of family benefits in accordance with Title III, Chapter 7 of the Regulation:

1. 1.

   ‘employed person’ within the meaning of Article 1 (a) (ii) of the Regulation shall be deemed to mean any person who is compulsorily insured under the social security scheme in accordance with Article L 311-2 of the Social Security Code and who fulfils the minimum conditions regarding work or remuneration provided for in Article L 313-1 of the Social Security Code in order to benefit from cash benefits under sickness insurance, maternity and invalidity cover or the person who benefits from these cash benefits;

2. 2.

   ‘self-employed person’ within the meaning of Article 1 (a) (ii) of the Regulation shall be deemed to mean any person who performs a self-employed activity and who is required to take out insurance and to pay old-age benefit contributions to a self-employed persons' scheme.

F6. . . . .

F3IRELAND

1. 1.

   Any person who is compulsorily or voluntarily insured pursuant to the provisions of F1Sections 9, 21 and 49 of the Social Welfare (Consolidation) Act 1993 shall be considered an employed person within the meaning of Article 1 (a) (ii) of the Regulation.

2. 2.

   Any person who is compulsorily or voluntarily insured pursuant to the provisions of F1Sections 17 and 21 of the Social Welfare (Consolidation) Act 1993 shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

F3ITALY

Does not apply.

F5F3CYPRUS

Does not apply.

F3LATVIA

Does not apply.

F3LITHUANIA

Does not apply.

F3LUXEMBOURG

Does not apply.

F5F3HUNGARY

Does not apply.

F3MALTA

Any person who is a self-employed person or a self-occupied person within the meaning of the Social Security Act (Cap. 318) 1987 shall be considered as a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

F3NETHERLANDS

Any person pursuing an activity or occupation without a contract of employment shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

F3AUSTRIA

Does not apply.

F5F3POLAND

Does not apply.

F3PORTUGAL

Does not apply.

F4ROMANIA

Does not apply.

F5F3SLOVENIA

Does not apply.

F3SLOVAKIA

Does not apply.

F3FINLAND

Any person who is an employed or self-employed person within the meaning of the legislation on the Employment Pensions Scheme shall be considered respectively as employed or self-employed with the meaning of Article 1 (a) (ii) of the Regulation.

F7SWEDEN

Persons who are engaged in gainful activity and who pay their own contributions on this income pursuant to Chapter 3, paragraph 3, of the Social Insurance Contributions Act (2000:980) shall be considered as self-employed.

F3UNITED KINGDOM

Any person who is an ‘employed earner’ or a ‘self-employed earner’ within the meaning of the legislation of Great Britain or of the legislation of Northern Ireland shall be regarded respectively as an employed person or a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. Any person in respect of whom contributions are payable as an ‘employed person’ or a ‘self-employed person’ in accordance with the legislation of Gibraltar shall be regarded respectively as an employed person or a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.