TITLE IGENERAL PROVISIONS
Article 1 (10) (15)Definitions
Article 2 Persons covered
Article 3Equality of treatment
Article 4 (10)Matters covered
Article 5 (10)Declarations by the Member States on the scope of this Regulation
Article 6Social security conventions replaced by this Regulation.
Article 7International provisions not affected by this Regulation
Article 8Conclusion of conventions between Member States
Article 9Admission to voluntary or optional continued insurance
Article 9a Prolongation of the reference period
Article 10Waiving of residence clauses — Effect of compulsory insurance on reimbursement of contributions
Article 10a (10)Special non-contributory benefits
Article 11Revalorization of benefits
Article 12 (9) (11)Prevention of overlapping of benefits
TITLE IIDETERMINATION OF THE LEGISLATION APPLICABLE
Article 13 (9)General rules
Article 14Special rules applicable to persons, other than mariners, engaged in paid employment
Article 14aSpecial rules applicable to persons, other than mariners, who are selfemployed
Article 14bSpecial rules application to mariners
Article 14c (5)Special rules applicable to persons who are simultaneously employed in the territory of one Member State and self-employed in the territory of another Member State
Article 14d (5)Miscellaneous provisions
Article 14e Special rules applicable to persons insured in a special scheme for civil servants who are simultaneously employed and/or self-employed in the territory of one or more other Member States
Article 14f Special rules applicable to civil servants simultaneously employed in more than one Member State and insured in one of these States in a special scheme
Article 15Rules concerning voluntary insurance or optional continued insurance
Article 16Special rules regarding persons employed by diplomatic missions and consular posts, and auxiliary staff of the European Communities
Article 17 (9)Exceptions to Articles 13 to 16
Article 17a (9)Special rules concerning recipients of pensions due under the legislation of one or more Member State
TITLE IIISPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFITSCHAPTER ISICKNESS AND MATERNITYSection 1Common provisions
Article 18Aggregation of periods of insurance, employment or residence
Section 2Employed or self-employed persons and members of their families
Article 19Residence in a Member State other than the competent State — General rules
Article 20Frontier workers and members of their families — Special rules
Article 21Stay in or transfer of residence to the competent State
Article 22Stay outside the competent State — Return to or transfer of residence to another Member State during sickness or maternity — Need to go to another Member State in order to receive appropriate treatment
Article 22a Special rules for certain categories of persons
Article 22b (15) Employment in a Member State other than the competent State — Stay in the State of employment
Article 22c. . . . . . . . . ....
Article 23 (a)Calculation of cash benefits
Article 24Substantial benefits in kind
Section 3Unemployed persons and members of their families
Article 25(1) An unemployed person who was formerly employed or self-employed...
Article 25a (12)Contributions payable by wholly unemployed persons
Section 4Pension claimants and members of their families
Article 26Right to benefits in kind in cases of cessation of the right to benefits from the institution which was last competent
Section 5Pensioners and members of their families
Article 27Pensions payable under the legislation of several States where there is a right to benefits in the country of residence
Article 28Pensions payable under the legislation of one or more States, in cases where there is no right to benefits in the country of residence
Article 28aPensions payable under the legislation of one or more of the Member States other than the country of residence where there is a right to benefits in the latter country
Article 29Residence of members of the family in a State other than the one in which the pensioner resides — Transfer of residence to the State where the pensioner resides
Article 30Substantial benefits in kind
Article 31 Stay of a pensioner and/or members of his family in a Member State other than the State in which they reside
Article 32 (15). . . . .
Article 33 (7)Contributions payable by pensioners
Article 34General provisions
Section 5a Persons who study or receive vocational training and members of their families
Article 34a Special provisions for students and members of their families
Article 34b Common provisions
Section 6Miscellaneous provisions
Article 35Scheme applicable where there are a number of schemes in the country of residence or stay — Previous illness — Maximum period during which benefits are granted
Section 7Reimbursement between institutions
Article 36 (15)(1) Benefits in kind provided in accordance with the provisions...
CHAPTER 2 (11)INVALIDITYSection 1Employed persons or self-employed persons subject only to legislation under which the amount of invalidity benefits its independent of the duration of the periods of insurance
Article 37 (11)General provisions
Article 38 (11)Consideration of periods of insurance or of residence completed under the legislation to which an employed person or a self-employed person was subject for the acquisition, retention or recovery of the right to benefits
Article 39 (11)(14)Award of benefits
Section 2Employed persons or self-employed persons subject either only to legislation under which the amount of invalidity benefit depends on the duration of periods of insurance or residence or the legislation of this type and of the type referred to in Section 1
Article 40 (11)General provisions
Section 3Aggravation of invalidity
Article 41 (11)(1) In the case of aggravation of anin validity for...
Section 4Resumption of provision of benefits after suspension or withdrawal — Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39
Article 42 (11)Determination of the institution responsible for the provision of benefits where provision of invalidity benefits is resumed
Article 43 (11)Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39
Section 5 Persons covered by a special scheme for civil servants
Article 43a(1) The provisions of Articles 37, 38(1), 39 and Sections...
CHAPTER 3 (11)OLD AGE AND DEATH (PENSIONS)
Article 44 (11)General provisions for the award of benefits where an employed or selfemployed person has been subject to the legislation of two or more Member States
Article 45 (11) (14)Consideration of periods of insurance or of residence completed under the legislations to which an employed person or self-employed person was subject, for the acquisition, retention or recovery of the right to benefits
Article 46 (11)Award of benefits
Article 46a (11)General provisions relating to reduction, suspension or withdrawal applicable to benefits in respect of invalidity, old age or survivors under the legislations of the Member States
Article 46b (11)Special provisions applicable in the case of overlapping of benefits of the same kind under the legislation of two or more Member States
Article 46c (11)Special provisions applicable in the case of overlapping of one or more benefits referred to in Article 46a (1) with one or more benefits of a different kind or with other income, where two or more Member States are concerned
Article 47 (11)Additional provisions for the calculation of benefits
Article 48 (11)Periods of insurance or of residence of less than one year
Article 49 (11) (15)Calculation of benefits where the person concerned does not simultaneously satisfy the conditions laid down by all the legislations under which periods of insurance or of residence have been completed or when he has expressly requested a postponement of the award of old-age benefits
Article 50 (11)Award of a supplement where the total of benefits payable under the legislations of the various Member States does not amount to the minimum laid down by the legislation of the State in whose territory the recipient resides
Article 51 (11)Revalorization and recalculation of benefits
Article 51a Persons covered by a special scheme for civil servants
CHAPTER 4ACCIDENTS AT WORK AND OCCUPATIONAL DISEASESSection 1Right to benefits
Article 52Residence in a Member State other than the competent State — General rules
Article 53Frontier workers — Special rule
Article 54Stay in or transfer of residence to the competent State
Article 55Stay outside the competent State — Return to or transfer of residence to another Member State after sustaining an accident or contracting an occupational disease — Need to go to another Member State in order to receive appropriate treatment
Article 56Accidents while travelling
Article 57 (7)Benefits for an occupational disease where the person concerned has been exposed to the same risk in several Member States
Article 58Calculation of cash benefits
Article 59Costs of transporting a person who has sustained an accident at work or is suffering from an occupational disease
Section 2Aggravation of an occupational disease for which the benefit has been awarded
Article 60 (7) (11)(1) In the event of aggravation of an occupational disease...
Section 3Miscellaneous provisions
Article 61Rules for taking into account the special features of certain legislations
Article 62Scheme applicable where there are several schemes in the country of stay or residence — Maximum duration of benefits
Section 4Reimbursements between institutions
Article 63(1) The competent institution shall be obliged to reimburse the...
Section 5 Students
Article 63aThe provisions of Sections 1 to 4 shall apply by...
CHAPTER 5DEATH GRANTS
Article 64Aggregation of periods of insurance or residence
Article 65Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent State
Article 66Provision of benefits in the event of the death of a pensioner who had resided in a Member State other than the one whose institution was responsible for providing benefits in kind
Article 66a Students
CHAPTER 6UNEMPLOYMENT BENEFITSSection 1Common provisions
Article 67Aggregation of periods of insurance or employment
Article 68Calculation of benefits
Section 2Unemployed persons going to a Member State other than the competent State
Article 69Conditions and limits for the retention of the right to benefits
Article 70Provision of benefits and reimbursements
Section 3Unemployed persons who, during their last employment, were residing in a Member State other than the competent State
Article 71(1) An unemployed person who was formerly employed and who,...
Section 4 Persons covered by a special scheme for civil servants
Article 71a(1) The provisions of Sections 1 and 2 shall apply...
CHAPTER 7 (8)FAMILY BENEFITS
Article 72 (8)Aggregation of periods of insurance, employment or self-employment
Article 72a (9) (14)Employed persons who have become fully unemployed
Article 73 (8)Employed or self-employed persons the members of whose families reside in a Member State other than the competent State
Article 74 (8)Unemployed persons the members of whose families reside in a Member State other than the competent State
Article 75 (8)Provisions of benefits
Article 76 (8)Rules or priority in cases of overlapping entitlement to family benefits under the legislation of the competent State and under the legislation of the Member State of residence of the members of the family
Article 76a Students
CHAPTER 8BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS
Article 77Dependent children of pensioners
Article 78Orphans
Article 78aOrphans' pensions, except those granted under insurance schemes for accidents...
Article 79 (7)Provisions common to benefits for dependent children of pensioners and for orphans
Article 79a Provisions relating to benefits for orphans entitled to benefits under a special scheme for civil servants
TITLE IVADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS
Article 80Composition and working methods
Article 81Tasks of the Administrative Commission
TITLE VADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS
Article 82 (B)Establishment, composition and working methods
Article 83Tasks of the Advisory Committee
TITLE VIMISCELLANEOUS PROVISIONS
Article 84 (7)Cooperation between competent authorities
Article 84a Relations between the institutions and the persons covered by this Regulation.
Article 85Exemptions from or reductions of taxes — Exemption from authentication
Article 86 (14)Claims, declarations or appeals submitted to an authority, institution or tribunal of a Member State other than the competent State
Article 87Medical examinations
Article 88Transfers from one Member State to another of sums of money payable pursuant to this Regulation
Article 89Special procedures for implementing certain legislations
Article 90 (8). . . . . .
Article 91Contributions chargeable to employers or undertakings not established in the competent State
Article 92Collection of contributions
Article 93Rights of institutions responsible for benefits against liable third parties
TITLE VIITRANSITIONAL AND FINAL PROVISIONS
Article 94 (7) (8) (11) (12)Transitional provisions for employed persons
Article 95 (6) (12)Transitional provisions for self-employed persons
Article 95a (11)Transitional provisions for application of Regulation (EEC) No 1248/92
Article 95b (14)Transitional provisions for application of Regulation (EEC) No 1247/92
Article 95c Transitional provisions for application of Regulation (EC) No 1606/98
Article 95d Transitional provisions applicable to students
Article 95e Transitional provisions for application of Regulation (EC) No 1399/1999
Article 95f Transitional provisions relating to Annex II, section I, under the headings ‘D. GERMANY’ and ‘R. AUSTRIA’.
Article 95gTransitional provisions relating to the deletion, in Annex IIa, of the...
Article 96Agreements relating to reimbursement between institutions
Article 97Notification pursuant to certain provisions
Article 98Implementing Regulation
ANNEX I (A) (B) (8) (9) (13) (14) (15)PERSONS COVERED BY THE REGULATION
I.Employed persons and/or self-employed persons (Article 1 (a) (ii) and...II.Members of the family (Second sentence of Article 1 (f)...
ANNEX II (A) (B) (8) (10) (15)(Article 1 (j) and (u) of the Regulation)
I.Special schemes for self-employed persons excluded from the scope of...II.Special childbirth or adoption allowances excluded from the scope of...III.Special non-contributory benefits within the meaning of Article 4 (2b)...
ANNEX IIa SPECIAL NON-CONTRIBUTORY CASH BENEFITS
A.BELGIUM B.CZECH REPUBLIC C.DENMARK D.GERMANY E.ESTONIA F.GREECE G.SPAIN H.FRANCE I.IRELAND J.ITALY K.CYPRUS L.LATVIA M.LITHUANIA N.LUXEMBOURG O.HUNGARY P.MALTA Q.NETHERLANDS R.AUSTRIA S.POLAND T.PORTUGAL U.SLOVENIA V.SLOVAKIA W.FINLAND X.SWEDEN Y.UNITED KINGDOM
ANNEX III (A) (B) (6) (7) (12) (14) (15)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
In so far as the provisions contained in this Annex...
A.Provisions of social security conventions remaining applicable notwithstanding Article 6...B.Provisions of Conventions which do not apply to all persons...
ANNEX IV (B) (11) (13) (15)(Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation)
A.Legislations referred to in Article 37 (1) of the Regulation...B.Special schemes for self-employed persons within the meaning of Articles...C.Cases referred to in Article 46 (1) (b) of the...D.Benefits and agreements referred to in Article 46b(2) of the...1.Benefits referred to in Article 46b(2)(a) of the Regulation, the...
ANNEX V (15)CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY
ANNEX VI (A) (B) (2) (7) (8) (9) (11) (12) (13) (14) (15)SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF CERTAIN MEMBER STATES
A.BELGIUM B.CZECH REPUBLIC C.DENMARK D.GERMANY E.ESTONIA F.GREECE G.SPAIN H.FRANCE I.IRELAND J.ITALY K.CYPRUS L.LATVIA M.LITHUANIA N.LUXEMBOURG O.HUNGARY P.MALTA Q.NETHERLANDS R.AUSTRIA S.POLAND T.PORTUGAL U.SLOVENIA V.SLOVAKIA W.FINLAND X.SWEDEN Y.UNITED KINGDOM
ANNEX VII INSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES
1.Where he is self-employed in Belgium and gainfully employed in...2.Where a person is self-employed in the Czech Republic and...3.Where a person resident in Denmark is self-employed in Denmark...4.For the agricultural accident insurance scheme and the old-age insurance...5.Where a person resident in Estonia is self-employed in Estonia...6.For the pension insurance scheme for self-employed persons: where he...7.Where a person resident in Spain is self-employed in Spain...8.Where he is self-employed in France and gainfully employed in...9.Where he is self-employed in farming in France and gainfully...10.Where he is self-employed in Italy and gainfully employed in...11.Where a person resident in Cyprus is self-employed in Cyprus...12.Where a person is self-employed in Malta and gainfully employed...13.Where he is self-employed in Portugal and gainfully employed in...14.Where a person resident in Finland is self-employed in Finland...15.Where a person is self-employed in Slovakia and gainfully employed...16.Where a person resident in Sweden is self-employed in Sweden...
ANNEX VIII (Article 78a of the Regulation)
A.BELGIUM B.CZECH REPUBLIC C.DENMARK D.GERMANY E.ESTONIA F.GREECE G.SPAIN H.FRANCE F.GREECE I.IRELAND J.ITALY K.CYPRUS L.LATVIA M.LITHUANIA N.LUXEMBOURG O.HUNGARY P.MALTA Q.NETHERLANDS R.AUSTRIA S.POLAND T.PORTUGAL U.SLOVENIA V.SLOVAKIA W.FINLAND X.SWEDEN Y.UNITED KINGDOM 1.Great Britain and Northern Ireland 2.Gibraltar Council Regulation (EC) No 1408/71of 14 June 1971on 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)(Consolidated version — ) (repealed) Appendix LISTS OF ACTS AMENDING REGULATIONS (EEC) No 1408/71 AND (EEC) No 574/72

Council Regulation (EC) 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 within the Community (8) (9) (10) (11)

(Consolidated version — OJ No L 28 of 30. 1. 1997, p. 12) (repealed)

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,

Having regard to the opinion of the European Parliament,

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

Whereas the provisions for coordination of national social security legislations fall within the framework of freedom of movement for workers who are nationals of Member Sates and should contribute towards the improvement of their standard of living and conditions of employment;

Whereas freedom of movement for persons, which is one of the cornerstones of the Community, is not confined to employed persons but also extends to self-employed persons in the framework of the freedom of establishment and the freedom to supply services;

Whereas the considerable differences existing between national legislations as regards the persons to whom they apply make it preferable to establish the principle that the Regulation applies to all persons insured under social security schemes for employed persons and for self-employed persons or by virtue of pursuing employment or self-employment;

Whereas it is necessary to respect the special characteristics of national social security legislations and to draw up only a system of coordination;

Whereas it is necessary, within the framework of that coordination, to guarantee within the Community equality of treatment under the various national legislations to workers living in the Member States and their dependants and their survivors;

Whereas the provisions for coordination must guarantee that workers moving within the Community and their dependants and their survivors retain the rights and the advantages acquired and in the course of being acquired;

Whereas these objectives must be attained in particular by aggregation of all the periods taken into account under the various national legislations for the purpose of acquiring and retaining the right to benefits and of calculating the amount of benefits, and by the provision of benefits for the various categories of persons covered by the Regulation regardless of their place of residence within the Community;

Whereas employed persons and self-employed persons moving within the Community should be subject to the social security scheme of only one single Member State in order to avoid overlapping of national legislations applicable and the complications which could result therefrom;

Whereas the instances in which a person should be subject simultaneously to the legislation of two Member States as an exception to the general rule should be as limited in number and scope as possible;

Whereas with a view to guaranteeing the equality of treatment of all workers occupied on the territory of a Member State as effectively as possible, it is appropriate to determine as the legislation applicable, as a general rule, that of the Member State in which the person concerned pursues employment of self-employment;

Whereas in certain situations which justify other criteria of applicability, it is possible to derogate from this general rule;

Whereas certain benefits foreseen under national laws may fall simultaneously within social security and social assistance, because of the personal scope of their application, their objectives and their manner of application, it is necessary to lay down a system of coordination, which takes into account the special characteristics of the benefits concerned, that should be included in the Regulation in order to protect the interests of migrant workers in accordance with the provisions of the Treaty;

Whereas such benefits should be granted, in respect of persons falling within the scope of this Regulation, solely in accordance with the legislation of the country of residence of the person concerned or of the members of his or her family, with such aggregation of periods of residence completed in any other Member State as is necessary and without discrimination on grounds of nationality;

Whereas it is necessary to lay down specific rules, in particular in the field of sickness and unemployment, for frontier workers and seasonal workers, taking account of the specific nature of their situation;

Whereas in the field of sickness and maternity benefits, it is necessary to guarantee the protection of persons living or staying in a Member State other than the competent Member State;

Whereas the specific position of pension claimants and pensioners and the members of their families calls for the provisions governing sickness insurance to adapted to their situation;

Whereas for invalidity benefits a system of coordination should be drawn up which respects the specific characteristics of national legislations; whereas it is therefore necessary to make a distinction between legislations under which the amount of invalidity benefit is independent of the length of insurance and legislations under which the amount depends on the aforementioned length;

Whereas the differences between the schemes in the Member States call for the adoption of rules of coordination which are applicable in the case of aggravation of invalidity;

Whereas it is expedient that a system for the award of old-age benefits and survivors benefits be worked out where the employed or self-employed person has been subject to the legislation of one or more Member States;

Whereas there is a need to determine the amount of a pension calculated in accordance with the method used for aggregation and pro rata calculation and guaranteed by Community law where the application of national legislation, including provisions concerning reduction, suspension or withdrawal, is less favourable than the aforementioned method;

Whereas, to protect migrant workers and their survivors against an excessively stringent application of the national provisions concerning reduction, suspension or withdrawal, it is necessary to include provisions laying down strict rules for the application of these provisions;

Whereas, in respect of benefits for accidents at work and occupational diseases, it is necessary, for the purpose of affording protection, that rules be laid down covering the situation of persons residing or staying in a Member State other than the competent Member State;

Whereas it is necessary to lay down specific provisions for death grants;

Whereas, in order to secure mobility of labour under improved conditions, it is necessary henceforth to ensure closer coordination between the unemployment insurance schemes and the unemployment assistance schemes of all the Member States;

Whereas it is therefore particularly appropriate, in order to facilitate search for employment in the various Member States, to grant to an unemployed worker, for a limited period, the unemployment benefits provided for by the legislation of the Member State to which he was last subject;

Whereas, with a view to determining the legislation applicable to family benefits, the criterion of employment ensures equal treatment between all workers subject to the same legislation;

Whereas, in order to avoid unwarranted overlapping of benefits, there is a need to provide for rules of priority in the case of overlapping of the right to family benefits under the legislation of the competent State and under the legislation of the country of residence of the members of the family;

Whereas the legislations of the Member States differ from each other and are specific in nature, it is considered necessary to draw up specific rules for the coordination of the national schemes providing benefits for dependent children of pensioners and for orphans;

Whereas it is necessary to establish an Administrative Commission consisting of a government representative from each of the Member States, charged in particular with dealing with all administrative questions or questions of interpretation arising from the provisions of this Regulation, and to further cooperation between the Member States;

Whereas it is desirable, within the framework of an Advisory Committee, to have the representatives of workers and employers examine the issues treated by the Administrative Commission;

Whereas it is necessary to lay down special provisions which correspond to the special characteristics of the national legislations in order to facilitate the application of the rules of coordination,

HAS ADOPTED THIS REGULATION: