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Document 31981R1390
Council Regulation (EEC) No 1390/81 of 12 May 1981 extending to self-employed persons and members of their families Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community
Council Regulation (EEC) No 1390/81 of 12 May 1981 extending to self-employed persons and members of their families Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community
Council Regulation (EEC) No 1390/81 of 12 May 1981 extending to self-employed persons and members of their families Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community
OJ L 143, 29/05/1981, p. 1–32
(DA, DE, EL, EN, FR, IT, NL) This document has been published in a special edition(s)
(FI, SV, CS, ET, LV, LT, HU, MT, PL, SK, SL, BG, RO, HR)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 31971R1408 | Amendment | article 22.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 62.1 | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 38.3 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 40.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 75.2 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 39.3 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 72 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 44.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 17 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 34 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 44.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 74.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 1.C | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 1.F | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 14TER | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 21.4 | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 45.5 | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 45.6 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | annex 4 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 67.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 23.2 | 01/12/1981 | |
Modifies | 31971R1408 | ANN1 DEVIENT annex 2 | |||
Modifies | 31971R1408 | ANN2 DEVIENT annex 3 | |||
Modifies | 31971R1408 | ANN3 DEVIENT annex 4 | |||
Modifies | 31971R1408 | ANN4 DEVIENT annex 5 | |||
Modifies | 31971R1408 | ANN5 DEVIENT annex 6 | |||
Modifies | 31971R1408 | Amendment | article 40.4 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 46.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 65.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 1.A | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 13 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 37.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 1.R | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 60.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 1.S | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 14 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 18.2 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 35.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 70.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 93.2 | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 45.3 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 46.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | Text | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 79.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 10.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 24.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 1.G | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 19.1 | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 35.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 40.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 2.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 21.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 26.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 47.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 58.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 75.1 | 01/12/1981 | |
Modifies | 31971R1408 | Completion | article 1.J | 01/12/1981 | |
Modifies | 31971R1408 | Addition | annex 7 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 25.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 35.3 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 40.3 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 52 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 79.3 | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 14BIS | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 25.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 38.2 | 01/12/1981 | |
Modifies | 31971R1408 | Completion | annex 2 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | annex 6 | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 14QUATER | 01/12/1981 | |
Modifies | 31971R1408 | Addition | article 14QUINQUIES | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 15.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 2.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 20.5 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 21.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 3.3 | 01/12/1981 | |
Modifies | 31971R1408 | article 35.2DEVIENT article 35.3 | |||
Modifies | 31971R1408 | article 35.3DEVIENT article 35.4 | |||
Modifies | 31971R1408 | Amendment | article 41.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 45.2 | 01/12/1981 | |
Modifies | 31971R1408 | article 45.3DEVIENT article 45.4 | |||
Modifies | 31971R1408 | Amendment | article 54.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 54.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 61.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 74.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 9.1 | 01/12/1981 | |
Modifies | 31971R1408 | Completion | annex 3 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 1.U | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 89 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 37.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 69.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 79.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 53 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 78.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 55.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 22.3 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 22.4 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 41.1 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 67.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 7.2 | 01/12/1981 | |
Modifies | 31971R1408 | Amendment | article 71.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 58.2 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 23.1 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 73 | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | article 1.B | 01/12/1981 | |
Modifies | 31971R1408 | Replacement | title | 01/12/1981 |
29.5.1981 |
EN |
Official Journal of the European Communities |
L 143/1 |
COUNCIL REGULATION (EEC) No 1390/81
of 12 May 1981
extending to self-employed persons and members of their families Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 2, 7, 51 and 235 thereof,
Having regard to the proposal from the Commission drawn up after consultation of 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, in order to attain freedom of movement for employed persons and eliminate the obstacles that would, in the sphere of social security, result from the application of national legislations only, the Council adopted, on the basis of Article 51 of the Treaty, Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (4), as last amended by Regulation (EEC) No 196/81 (5) fixing the rules for coordinating social security schemes for employed persons;
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 coordination of the social security schemes applicable to self-employed persons is necessary to attain one of the objectives of the Community; whereas the Treaty has not provided the necessary specific powers for this purpose;
Whereas, in pursuance of the Treaty, any discrimination on grounds of nationality with regard to establishment and the provision of services has been prohibited since the end of the transitional period;
Whereas, in the sphere of social security, the application of national legislations only would not afford sufficient protection to self-employed persons moving within the Community; whereas, in order to make the freedom of establishment and the freedom to provide services fully effective, the social security schemes for self-employed persons should be coordinated;
Whereas Regulation (EEC) No 1408/71, even though it applies to employed persons, already covers certain categories of self-employed persons; whereas, for reasons of equity, it would be appropriate to apply, to the largest possible extent, the same rules to self-employed persons as are laid down for employed persons;
Whereas there are grounds for making the necessary adaptations to Regulation (EEC) No 1408/71 to make it possible to apply the provisions of that Regulation to self-employed persons and their families moving within the Community to the largest possible extent that is compatible with the nature of their occupation and the characteristics of the special social security schemes that cover them;
Whereas the adjustments to be made to Regulation (EEC) No 1408/71 call for adjustments to certain of the Annexes to that Regulation;
Whereas, in particular, it is necessary to stipulate in an Annex, what the terms ‘employed person’ and ‘self-employed person’, introduced in Regulation (EEC) No 1408/71, mean when the person concerned is insured under a social security scheme which applies to all residents or to certain categories of resident or to the entire working population of a Member State; whereas it seems preferable to define these expressions and the expression ‘member of the family’ in a separate Annex; whereas two further Annexes are needed, to indicate the special arrangements for self-employed persons excluded from the scope of the Regulation and for instances in which a person is subject simultaneously to the legislation of two Member States,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1408/71 shall be amended as follows:
1. |
The title shall be replaced by the following: ‘COUNCIL REGULATION (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community’. |
2. |
In Article 1:
|
3. |
In Article 2:
|
4. |
In Article 3 (3) in the first line, ‘Annex II’ shall be replaced by ‘Annex III’. |
5. |
In the last line of Article 7 (2) (c), ‘Annex II’ shall be replaced by ‘Annex III’. |
6. |
Article 9 (1) shall be replaced by the following: ‘1. The provisions of the legislation of any Member State which make admission to voluntary or optional continued insurance conditional upon residence in the territory of that State shall not apply to persons resident in the territory of another Member State, provided that at some time in their past working life they were subject to the legislation of the first State as employed or as self-employed persons.’ |
7. |
In the sixth line of Article 10 (2), ‘as a worker’ shall be replaced by ‘as an employed or self-employed person’. |
8. |
Articles 13 and 14 shall be replaced by the following: ‘ Article 13 General rules 1. Subject to Article 14 (c), persons to whom this Regulation applies shall be subject to the legislation of a single Member State only. That legislation shall be determined in accordance with the provisions of this Title. 2. Subject to Articles 14 to 17:
Article 14 Special rules applicable to persons, other than mariners, engaged in paid employment Article 13 (2) (a) shall apply subject to the following exceptions and circumstances:
Article 14a Special rules applicable to persons, other than mariners, who are self-employed Article 13 (2) (b) shall apply subject to the following exceptions and circumstances:
Article 14b Special rules applicable to mariners Article 13 (2) (c) shall apply subject to the following exceptions and circumstances:
Article 14c Special rules applicable to persons employed simultaneously in the territory of one Member State and self-employed in the territory of another Member State
Article 14d Miscellaneous provisions
|
9. |
Article 15 (1) shall be replaced by the following: ‘1. Articles 13 to 14d shall not apply to voluntary insurance or to optional continued insurance unless, in respect of one of the branches referred to in Article 4, there exists in any Member State only a voluntary scheme of insurance.’ |
10. |
Article 17 shall be replaced by the following: ‘ Article 17 Exceptions to Articles 13 to 16 Two or more Member States, the competent authorities of those States or the bodies designated by those authorities may, by common agreement, provide for exceptions to the provisions of Articles 13 to 16 in the interests of certain categories of employed or self-employed persons, or of certain such persons.’ |
11. |
Article 18 (2), in the fifth line, ‘worker concerned’ shall be replaced by ‘person concerned’. |
12. |
In the heading of Section 2, ‘Workers’ shall be replaced by ‘Employed or self-employed persons’. |
13. |
In the first line of Article 19 (1), ‘A worker’ shall be replaced by ‘An employed or self-employed person’ and in the eighth line of the second subparagraph of Article 19 (2), ‘the worker’ shall be replaced by ‘the employed or self-employed person’. |
14. |
In the fifth line of Article 20, ‘the worker’ shall be replaced by ‘the person concerned’. |
15. |
In the first line of Article 21 (1), in the second line of the second subparagraph of Article 21 (2) and in the first line of Article 21 (4), ‘the worker’ or ‘a worker’ shall be replaced by ‘the employed or self-employed person’ or ‘an employed or self-employed person’, as the case may be. |
16. |
In Article 22:
|
17. |
In Article 23, paragraphs 1 and 2 shall be replaced by the following: ‘1. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on average earnings, shall determine such average earnings exclusively by reference to earnings confirmed as having been paid during the periods completed under the said legislation. 2. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on standard earnings, shall take account exclusively of the standard earnings or, where appropriate, of the average of standard earnings for the periods completed under the said legislation.’ |
18. |
In Article 24 (1):
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19. |
In Article 25:
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20. |
In the first line of Article 26 (1) ‘a worker’ shall be replaced by ‘an employed or self-employed person’. |
21. |
Article 34 shall be replaced by the following: ‘ Article 34 General provisions 1. For the purposes of Articles 28, 28a, 29 and 31, a pensioner who is in receipt of two or more pensions due under the legislation of a single Member State shall be regarded as a pensioner entitled to draw a pension under the legislation of one Member State, within the meaning of these provisions. 2. Articles 27 to 33 shall not apply to a pensioner or to members of his family who are entitled to benefits under the legislation of a Member State as a result of pursuing a professional or trade activity. In such a case, the person concerned shall, for the purposes of the implementation of this Chapter, be considered as an employed or self-employed person or as a member of an employed or self-employed person's family.’ |
22. |
In Article 35:
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23. |
In the heading of Section 1, Chapter 2 of Title III, the word ‘workers’ shall be replaced by ‘employed or self-employed persons’. |
24. |
In Article 37:
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25. |
|
26. |
Article 39 (3) shall be replaced by the following: ‘3. A person who is not entitled to benefits under paragraph 1 shall receive the benefits to which he is still entitled under the legislation of another Member State, taking account, where appropriate, of the provisions of Article 38.’ |
27. |
In the heading of Section 2, Chapter 2 of Title III, the word ‘workers’ shall be replaced by ‘employed or self-employed persons’. |
28. |
In Article 40:
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29. |
In Article 41:
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30. |
In Article 44:
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31. |
In Article 45:
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32. |
In Article 46:
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33. |
Article 47 (1) shall be replaced by the following: ‘1. For the calculation of the theoretical amount referred to in Article 46 (2) (a), the following rules shall apply:
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34. |
In the first line of Article 52, ‘a worker’ shall be replaced by ‘an employed or self-employed person’. |
35. |
In the last line of Article 53, ‘worker’ shall be replaced by ‘person concerned’. |
36. |
In the first lines of paragraphs 1 and 2 of Article 54, ‘worker’ shall be replaced by ‘an employed or self-employed person’. |
37. |
In the first line of Article 55 (1), ‘A worker’ shall be replaced by ‘An employed or self-employed person’. |
38. |
Article 58 (1) and (2) shall be replaced by the following: ‘1. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on average earnings shall determine such average earnings exclusively by reference to earnings confirmed as having been paid during the periods completed under the said legislation. 2. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on standard earnings shall take account exclusively of the standard earnings or, where appropriate, of the average of standard earnings for the periods completed under the said legislation.’ |
39. |
Article 60 (1) shall be replaced by the following: ‘1. In the event of aggravation of an occupational disease for which an employed or self-employed person has received or is receiving benefit under the legislation of a Member State, the following rules shall apply:
|
40. |
In the third line of Article 61 (1) ‘a worker’ shall be replaced by ‘person concerned’. |
41. |
In the third line of Article 62 (1), ‘workers’ shall be replaced by ‘employed or self-employed persons’. |
42. |
In the first line of Article 65 (1), ‘when a worker’ shall be replaced by ‘when an employed or self-employed person’. |
43. |
In Article 67 (1) and (2) the words ‘completed under the legislation of any other Member State’ shall be replaced by the words ‘completed as an employed person under the legislation of any other Member State.’ |
44. |
In the first line of Article 69 (1), ‘a worker’ shall be replaced by ‘an employed or self-employed person’. |
45. |
In the second line of the second subparagraph of Article 70 (1), ‘a worker’ shall be replaced by ‘an employed or self-employed person’. |
46. |
In Article 71 (1):
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47. |
In Title III:
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48. |
The title of Article 72 shall read ‘Aggregation of periods of insurance, employment or self-employment’ and, in the Article itself, ‘periods of insurance or employment’ shall be replaced by ‘periods of insurance, employment or self-employment’. |
49. |
In Article 73:
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50. |
In the first line of Article 74 (1) and of Article 74 (2), ‘an unemployed person drawing’ shall be replaced by ‘an unemployed person who was formerly employed and who draws’. |
51. |
In Article 75:
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52. |
In Article 78:
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53. |
In Article 79:
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54. |
In Article 89, ‘Annex V’ shall be replaced by ‘Annex VI’. |
55. |
In Article 93 (2), in the sixth line of the first subparagraph, ‘or of their employees’ shall be replaced by ‘or of the persons employed by them’. In the third line of the second subparagraph, ‘or his employees’ shall be replaced by ‘or the persons employed by him’. |
56. |
Annexes I to V shall become Annexes II to VI and the following Annex shall be inserted: ‘ANNEX I PERSONS COVERED BY THE REGULATION I. Employed persons and/or self-employed persons (Article 1 (a) (ii) and (iii) of the Regulation) A. BELGIUM Does not apply. B. DENMARK
C. GERMANY If the competent institution for granting family benefits in accordance with Title III, Chapter 7, of the Regulation is a German institution, then within the meaning of Article 1 (a) (ii) of the Regulation:
D. FRANCE Does not apply. E. GREECE
F. IRELAND
G. ITALY Does not apply. H. LUXEMBOURG Does not apply. I. NETHERLANDS 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. J. UNITED 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. II. Members of the family (Article 1 (f), second sentence, of the Regulation) A. BELGIUM Does not apply. B. DENMARK For the purpose of determining entitlement to benefits in kind pursuant to Article 22 (1) (a) and Article 31 of the Regulation, “member of the family” means any person regarded as a member of the family under the Law on the Public Health Serivce. C. GERMANY Does not apply. D. FRANCE Does not apply. E. GREECE Does not apply. F. IRELAND For the purpose of determining entitlement to benefits in kind pursuant to Article 22 (1) (a) and Article 31 of the Regulation, “member of the family” means any person regarded as a dependent of the employed or self-employed person for the purposes of the Health Acts 1947 to 1970. G. ITALY Does not apply. H. LUXEMBOURG Does not apply. I. NETHERLANDS Does not apply. J. UNITED KINGDOM For the purpose of determining entitlement to benefits in kind pursuant to Articles 22 (1) (a) and 31 of the Regulation, the expression ‘member of the family’ shall mean:
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57. |
In Annex II:
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58. |
In Part A, point 7, BELGIUM—LUXEMBOURG, of Annex III, the present text shall become subparagraph (a) and the following shall be inserted:
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59. |
In Annex IV:
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60. |
Annex VI shall be replaced by the following: ‘ANNEX VI (Article 89 of the Regulation) Special procedures for applying the legislations of certain Member States A. BELGIUM
B. DENMARK
C. GERMANY
D. FRANCE
E. GREECE
F. IRELAND
G. ITALY None. H. LUXEMBOURG
I. NETHERLANDS 1. Insurance for medical expenses
2. Application of Netherlands legislation on general old-age insurance
3. Application of Netherlands legislation on general insurance for widows and orphans
4. Application of the Netherlands legislation on insurance against incapacity for work For the purposes of applying Article 46 (2) of the Regulation, Netherlands institutions will respect the following provisions:
5. Application of certain transitional provisions Article 45 (1) shall not apply to the assessment of entitlement to benefits under the transitional provisions of the legislations on general old-age insurance (Article 46), on general insurance for widows and orphans and on general insurance against incapacity for work. J. UNITED KINGDOM
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61. |
The following Annex shall be added: ‘ANNEX VII (Implementation of subparagraph (b) of Article 14c (1)) Instances in which a person shall be simultaneously subject to the legislation of two Member States
|
Article 2
1. No right shall be acquired under this Regulation in respect of a period prior to the date of its entry into force.
2. All insurance periods and, where appropriate, all periods of employment, of self-employment or of residence completed under the legislation of a Member State before the date of entry into force of this Regulation shall be taken into consideration for the determination of rights to benefits under this Regulation.
3. Subject to paragraph 1, a right shall be acquired under this Regulation though relating to a contingency which materialized prior to the date of entry into force of this Regulation.
4. Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, on the application of the person concerned, be awarded or resumed with effect from the entry into force of this Regulation provided that the rights previously determined have not given rise to a lump sum payment.
5. The rights of a person to whom a pension was awarded prior to the entry into force of this Regulation may, on the application of the person concerned, be reviewed, taking into account the provisions of this Regulation. This provision shall also apply to the other benefits referred to in Article 78 of Regulation (EEC) No 1408/71.
6. If an application referred to in paragraph 4 or 5 is submitted within two years from the date of entry into force of this Regulation, the rights acquired under this Regulation shall have effect from that date, and the provisions of the legislation of any Member State concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
7. If the application referred to in paragraph 4 or 5 is submitted after the expiry of the two-year period following the date of entry into force of this Regulation, rights which have not been forfeited or are not barred by limitation shall have effect from the date on which the application was submitted, except where more favourable provisions of the legislation of any Member State apply.
Article 3
Unless the Member States concerned decide otherwise, the agreements concluded pursuant to Article 36 (3), Article 63 (3) and Article 70 (3) of Regulation (EEC) No 1408/71, prior to the entry into force of this Regulation, shall not apply to the persons to whom the scope of Regulation (EEC) No 1408/71 has been extended by virtue of this Regulation.
Article 4
This Regulation shall enter into force on the first day of the seventh month following the publication in the Official Journal of the European Communities of the Regulation adapting Regulation (EEC) No 574/72 (6) with a view to applying it to self-employed persons and to their families.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 May 1981.
For the Council
The President
G. BRAKS
(1) OJ No C 14, 18. 1. 1978, p. 15.
(2) OJ No C 131, 5. 6. 1978, p. 45.
(3) OJ No C 269, 13. 11. 1978, p. 40.
(4) OJ No L 149, 5. 7. 1971, p. 2.
(5) OJ No L 24, 28. 1. 1981, p. 3.
(6) OJ No L 74, 27. 3. 1972, p. 1.