Council Regulation (EEC) No 1945/93Show full title

Council Regulation (EEC) No 1945/93

of 30 June 1993

amending 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, Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 and Regulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

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

Having regard to the proposal from the Commission, drawn up after consulting the Administrative Commission on Social Security for Migrant Workers(1),

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

Having regard to the opinion of the Economic and Social Committee(3),

Whereas there is a need for certain amendments to be made to Regulations (EEC) No 1408/71(4), (EEC) No 574/72(5), and (EEC) No 1247/92(6); whereas some of these amendments relate to changes made by the Member States to their social security legislation while others are of a technical nature and are designed to refine the said Regulations;

Whereas there is a need for certain amendments to be made to section ‘G. Ireland’, in Part I of Annex I to Regulation (EEC) No 1408/71 in order to take account of the interpretation by the Irish authorities of the term ‘self-employed person’;

Whereas it has become necessary to adapt section ‘G. Ireland’, in Annex VI to Regulation (EEC) No 1408/71 as a result of amendments to Irish legislation on sickness and maternity benefits;

Whereas, as a result of changes to the Netherlands rules on statutory health insurance for pensioners, for those drawing early retirement pensions and for the family members of employed and self-employed persons, there is a need to amend section ‘J. Netherlands’ in Annex VI to Regulation (EEC) No 1408/71;

Whereas it would appear necessary to clarify the application, in particular as regards equality of the sexes, of the provisions in Netherlands legislation relating to the taking into account of periods of marriage of a worker's spouse for entitlement to an old-age pension for that spouse; whereas there is a need therefore to specify the scope of the entries in section ‘J. Netherlands’ in Annex VI to Regulation (EEC) No 1408/71;

Whereas it has become necessary to specify, in section ‘J. Netherlands’ in Annex VI to Regulation (EEC) No 1408/71, the requirement that a Netherlands worker posted abroad must pay at least the minimum contribution for his Netherlands spouse to be able to be taken into consideration under the general old-age insurance scheme;

Whereas there is a need for certain amendments to be made to section ‘J. Netherlands’ in Annex VI to Regulation (EEC) No 1408/71 with a view to preventing the retention of a system whereby contributions continue to be levied for voluntary general old-age insurance and general widows' and orphans' insurance during a period in which the spouse of a worker has an autonomous right to an old-age pension;

Whereas there is a need to make an amendment to section ‘L. United Kingdom’ in Annex VI to Regulation (EEC) No 1408/71 as a result of amendments made to United Kingdom legislation;

Whereas there is a need for a provision apportioning the share of the costs of family benefits where such benefits are, for the same period and the same family member, due from two Member States pursuant to Articles 73 and/or 74 of Regulation (EEC) No 1408/71;

Whereas there is a need to make certain amendments to section ‘B. Denmark’ in Annexes 1, 4 and 10 to Regulation (EEC) No 574/72 in order to take into account new powers of the authorities in Denmark;

Whereas there is a need for heading ‘C. Germany’ in Annex 2 to Regulation (EEC) No 574/72 to be amended to take account of certain reallocations of powers between certain German bodies;

Whereas it is necessary to amend certain provisions in section ‘D. Spain’ in Annexes 2 and 4 to Regulation (EEC) No 574/72 with regard to non-contributory old-age and invalidity pensions;

Whereas it is necessary to amend certain provisions in section ‘G. Ireland’ in Annexes 2, 3 and 4 to Regulation (EEC) No 574/72 as a result of organizational changes to the Irish bodies responsible for administering the pension schemes for widows and orphans and old-age pension schemes, and for the family benefits scheme;

Whereas, the address of one of the Netherlands bodies having changed, there is a need to update the references to the address of that body in section ‘J. Netherlands’ in Annexes 2, 3 and 4 to Regulation (EEC) No 574/72;

Whereas, as a result of reorganization of the services responsible for the provision of cash benefits in the United Kingdom, there is a need to amend section ‘L. United Kingdom’ in Annexes 3, 4 and 10 to Regulation (EEC) No 574/72;

Whereas there is a need to amend section ‘7. Belgium-Italy’ in Annex 5 to Regulation (EEC) No 574/72 to take account of a new agreement on the reimbursement of reciprocal claims, concluded by an exchange of letters between these two countries;

Whereas there is a need to amend section ‘41. France-Italy’ in Annex 5 to Regulation (EEC) No 574/72 as a result of an exchange of letters between these two countries on the procedures for settling reciprocal claims;

Whereas, as a result of the denunciation by the French authorities of the agreement between France and Ireland, France and the Netherlands and France and the United Kingdom waiving reimbursement of benefits in kind, there is a need to amend section ‘40. France-Ireland’, ‘43. France-Netherlands’ and ‘45. France-United Kingdom’ in Annex 5 to Regulation (EEC) No 574/72;

Whereas there is a need to adapt section ‘F. Greece’ in Annex 6 to Regulation (EEC) No 574/72 in order to generalize the direct payment procedure;

Whereas account should be taken in Annex 8 to Regulation (EEC) No 574/72 of amendments made to Article 10a of that Regulation;

Whereas provision should be made, in the case of overlapping entitlement, during the same period and for the same person, to special non-contributory benefits pursuant to the joint application of Article 10a of Regulation (EEC) No 1408/71 and Article 2 of Regulation (EEC) No 1247/92, for measures to be taken relating to the aggregation of those benefits and to the application of clauses for the reduction, suspension or abolition of benefits provided for under the legislations of the Member States concerned,

HAS ADOPTED THIS REGULATION:

(1)

OJ No C 251, 28. 9. 1992, p. 51.

(2)

OJ No C 305, 23. 11. 1992, p. 575.

(3)

OJ No C 332, 16. 12. 1992, p. 1.

(4)

OJ No L 149, 5. 7. 1971, p. 2. Regulation as last amended by Regulation (EEC) No 1249/92 (OJ No L 136, 19. 5. 1992, p. 28).

(5)

OJ No L 74, 27. 3. 1972, p. 1. Regulation as last amended by Regulation (EEC) No 1249/92 (OJ No L 136, 19. 5. 1992, p. 28).

(6)

OJ No L 136, 19. 5. 1992, p. 1.