The Annexes to Regulation (EEC) No 1408/71 are amended as follows:U.K.
in Annex I, section II, point ‘V. SLOVAKIA’ is replaced by the following:
‘V. SLOVAKIA
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of title III of the Regulation, “member of the family” means a spouse and/or a dependent child as defined by the Act on Child Allowance’;
in Annex II, section I, point ‘H. FRANCE’ is replaced by the following:
‘H. FRANCE
Supplementary benefit schemes for self-employed persons in craft-trade, industrial or commercial occupations or the liberal professions, supplementary old-age insurance schemes for self-employed persons in the liberal professions, supplementary insurance schemes for self-employed persons in the liberal professions covering invalidity or death, and supplementary old-age benefit schemes for contracted medical practitioners and auxiliaries, as referred to respectively in Articles L.615-20, L.644-1, L.644-2, L.645-1 and L.723-14 of the Social Security Code.
Supplementary sickness and maternity insurance schemes for self-employed workers in agriculture, as referred to in Article L.727-1 of the Rural Code.’;
Annex II, section II is amended as follows:
point ‘E. ESTONIA’ is replaced by the following:
‘E. ESTONIA
Childbirth allowance;
Adoption allowance’;
point ‘L. LATVIA’ is replaced by the following:
‘L. LATVIA
Childbirth grant;
Adoption allowance’;
point ‘S. POLAND’ is replaced by the following:
‘S. POLAND
Childbirth supplement (Act of 28 November 2003 on family benefits)’;
Annex IIa is amended as follows:
in point ‘D. GERMANY’, ‘None’ is replaced by:
‘Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to these benefits, the eligibility requirements for a temporary supplement following receipt of unemployment benefit (Article 24(1) of Book II of the Social Code) are fulfilled’;
point ‘L. LATVIA’ is replaced by the following:
‘L. LATVIA
State Social Security Benefit (Law on State Social Benefits of 1 January 2003);
Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003)’;
point ‘S. POLAND’ is replaced by the following:
‘S. POLAND
Social pension (Act of 27 June 2003 on social pensions)’;
point ‘V. SLOVAKIA’ is replaced by the following:
‘V. SLOVAKIA
Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income.’;
Annex III is amended as follows:
part A is amended as follows:
the following points are deleted:
points 1, 4, 10, 11, 12, 14, 15, 18, 20, 21, 25, 27, 28, 29, 30, 31, 32, 34, 35, 37, 38, 39, 41, 42, 43, 45, 46, 47, 49, 55, 56, 57, 59, 60, 63, 65, 66, 70, 76, 77, 78, 81, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 115, 116, 117, 119, 120, 123, 125, 126, 133, 134, 135, 137, 138, 141, 143, 144, 150, 151, 152, 154, 155, 158, 160, 161, 166, 167, 168, 170, 171, 174, 176, 177, 181, 182, 183, 185, 186, 189, 192, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 239, 241, 246, 247, 249, 250, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 266, 268, 269, 280, 281, 282, 283, 284, 285, 286, 287, 291, 292, 293, 294, 295, 296, 297;
the numbering is changed as follows:
BELGIUM-GERMANY, from ‘3’ to ‘1’,
CZECH REPUBLIC-GERMANY, from ‘26’ to ‘2’,
CZECH REPUBLIC-CYPRUS, from ‘33’ to ‘3’,
CZECH REPUBLIC-LUXEMBOURG, from ‘36’ to ‘4’,
CZECH REPUBLIC-AUSTRIA, from ‘40’ to ‘5’,
CZECH REPUBLIC-SLOVAKIA, from ‘44’ to ‘6’,
DENMARK-FINLAND, from ‘67’ to ‘7’,
DENMARK-SWEDEN, from ‘68’ to ‘8’,
GERMANY-GREECE, from ‘71’ to ‘9’,
GERMANY-SPAIN, from ‘72’ to ‘10’,
GERMANY-FRANCE, from ‘73’ to ‘11’,
GERMANY-LUXEMBOURG, from ‘79’ to ‘12’,
GERMANY-HUNGARY, from ‘80’ to ‘13’,
GERMANY-NETHERLANDS, from ‘82’ to ‘14’,
GERMANY-AUSTRIA, from ‘83’ to ‘15’,
GERMANY-POLAND, from ‘84’ to ‘16’,
GERMANY-SLOVENIA, from ‘86’ to ‘17’,
GERMANY-SLOVAKIA, from ‘87’ to ‘18’,
GERMANY-UNITED KINGDOM, from ‘90’ to ‘19’,
SPAIN-PORTUGAL, from ‘142’ to ‘20’,
IRELAND-UNITED KINGDOM, from ‘180’ to ‘21’,
ITALY-SLOVENIA, from ‘191’ to ‘22’,
LUXEMBOURG-SLOVAKIA, from ‘242’ to ‘23’,
HUNGARY-AUSTRIA, from ‘248’ to ‘24’,
HUNGARY-SLOVENIA, from ‘251’ to ‘25’,
NETHERLANDS-PORTUGAL, from ‘267’ to ‘26’,
AUSTRIA-POLAND, from ‘273’ to ‘27’,
AUSTRIA-SLOVENIA, from ‘275’ to ‘28’,
AUSTRIA-SLOVAKIA, from ‘276’ to ‘29’,
PORTUGAL-UNITED KINGDOM, from ‘290’ to ‘30’ and
FINLAND-SWEDEN, from ‘298’ to ‘31’;
in point ‘2. CZECH REPUBLIC–GERMANY’, ‘No convention’ is replaced by the following:
‘Article 39(1)(b) and (c) of the Agreement on Social Security of 27 July 2001;
point 14 of the Final Protocol to the Agreement on Social Security of 27 July 2001’;
in point ‘3. CZECH REPUBLIC-CYPRUS’, ‘No convention’ is replaced by the following:
‘Article 32(4) of the Agreement on Social Security of 19 January 1999’;
in point ‘4. CZECH REPUBLIC–LUXEMBOURG’, ‘None’ is replaced by the following:
‘Article 52 (8), of the Agreement of 17 November 2000’;
point ‘6. CZECH REPUBLIC–SLOVAKIA’ is replaced by the following:
‘6. CZECH REPUBLIC–SLOVAKIA
Articles 12, 20 and 33 of the Agreement on Social Security of 29 October 1992’;
in point ‘18. GERMANY-SLOVAKIA’, ‘No convention’ is replaced by the following:
‘Article 29(1)(2) and 3 of the Agreement of 12 September 2002; paragraph 9 of the Final Protocol to the Agreement of 12 September 2002’;
in point ‘23. LUXEMBOURG-SLOVAKIA’, ‘No convention’ is replaced by the following:
‘Article 50(5) of the Treaty on Social Security of 23 May 2002’;
in point ‘29. AUSTRIA-SLOVAKIA’, ‘No convention’ is replaced by the following:
‘Article 34(3) of the Agreement of 21 December 2001 on Social Security’;
part B is amended as follows:
the following points are deleted:
points 1, 4, 10, 11, 12, 14, 15, 18, 20, 21, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46, 47, 49, 55, 56, 57, 59, 60, 63, 65, 66, 70, 76, 77, 78, 81, 84, 87, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 115, 116, 117, 119, 120, 123, 125, 126, 133, 134, 135, 137, 138, 141, 143, 144, 150, 151, 152, 154, 155, 158, 160, 161, 166, 167, 168, 170, 171, 174, 176, 177, 181, 182, 183, 185, 186, 189, 192, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 239, 241, 242, 246, 247, 249, 250, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 266, 268, 269, 280, 281, 282, 283, 284, 285, 286, 287, 291, 292, 293, 294, 295, 296, 297;
the numbering is changed as follows:
CZECH REPUBLIC-CYPRUS, from ‘33’ to ‘1’,
CZECH REPUBLIC-AUSTRIA, from ‘40’ to ‘2’,
GERMANY-HUNGARY, from ‘80’ to ‘3’,
GERMANY-SLOVENIA, from ‘86’ to ‘4’,
ITALY-SLOVENIA, from ‘191’ to ‘5’,
HUNGARY-AUSTRIA, from ‘248’ to ‘6’,
HUNGARY-SLOVENIA, from ‘251’ to ‘7’,
.AUSTRIA-POLAND, from ‘273’ to ‘8’,
AUSTRIA-SLOVENIA, from ‘275’ to ‘9’ and
AUSTRIA-SLOVAKIA, from ‘276’ to ‘10’
in point ‘1. CZECH REPUBLIC-CYPRUS’, ‘None’ is replaced by the following:
‘Article 32(4) of the Agreement on Social Security of 19 January 1999’;
in point ‘10. AUSTRIA-SLOVAKIA’, ‘No convention’ is replaced by the following:
‘Article 34(3) of the Agreement of 21 December 2001 on Social Security’;
Annex IV is amended as follows:
part A is amended as follows,
in point ‘B. CZECH REPUBLIC’, ‘None’ is replaced by the following:
‘Full disability pension for persons whose total disability arose before reaching eighteen years of age and who were not insured for the required period (Section 42 of the Pension Insurance Act No 155/1995 Coll.)’;
in point ‘X. SWEDEN’, ‘None’ is replaced by the following:
‘The legislation on earnings-related benefits for long‐term incapacity for work (Chapter 8 of Law 1962: 381 on General Insurance, as amended)’;
part C is amended as follows:
point ‘B. CZECH REPUBLIC’ is replaced by the following:
‘B. CZECH REPUBLIC
Invalidity (full and partial) and survivors' (widows', widowers' and orphans') pensions in cases where they are not derived from the old age pension to which the deceased would be entitled at the time of his death’;
in point ‘E. ESTONIA’, ‘None’ is replaced by the following:
‘All applications for invalidity, old age and survivors' pensions for which
periods of insurance in Estonia have been completed up to 31 December 1998;
the applicant's individually registered social tax, paid in accordance with Estonian legislation, is at least equal to the average social tax for the relevant year of insurance’;
in part D, point (2)(g) is replaced by the following:
Slovak invalidity pension and survivors' pension derived therefrom’;
Annex VI, point ‘Q. THE NETHERLANDS’ is amended as follows:
point 4 (b) is replaced by the following:
If, pursuant to subparagraph (a), the person concerned is entitled to a Dutch invalidity benefit, the benefits as referred to in Article 46(2) of the Regulation shall be calculated:
in accordance with the provisions laid down in the WAO if, before the occurrence of the incapacity for work, the person concerned was last engaged in work as an employed person within the meaning of Article 1(a) of the Regulation;
in accordance with the provisions laid down in the Invalidity Insurance (Self-Employed Persons) Act (WAZ) if, before the occurrence of the incapacity for work, the person concerned was last engaged in work in a capacity other than that of an employed person within the meaning of Article 1(a) of the Regulation.’;
point 7 is replaced by the following:
For the purposes of applying Title II of the Regulation, a person regarded as an employed person within the meaning of the 1964 Wage Tax Act and who is insured on this basis for national insurance, is considered to be pursuing activities in paid employment’.