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Document 31983Y1112(02)

Decision No 118 of 20 April 1983 concerning the conditions for implementing Article 50 (1) (b) of Council Regulation (EEC) No 574/72 of 21 March 1972

OJ C 306, 12.11.1983, p. 2–14 (DA, DE, EL, EN, FR, IT, NL)
Spanish special edition: Chapter 05 Volume 004 P. 38 - 50
Portuguese special edition: Chapter 05 Volume 004 P. 38 - 50

In force: This act has been changed. Current consolidated version: 01/05/2004

31983Y1112(02)

Decision No 118 of 20 April 1983 concerning the conditions for implementing Article 50 (1) (b) of Council Regulation (EEC) No 574/72 of 21 March 1972

Official Journal C 306 , 12/11/1983 P. 0002 - 0014
Spanish special edition: Chapter 05 Volume 4 P. 0038
Portuguese special edition Chapter 05 Volume 4 P. 0038


DECISION No 118 of 20 April 1983 concerning the conditions for implementing Article 50 (1) (b) of Council Regulation (EEC) No 574/72 of 21 March 1972

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative questions arising from Regulation (EEC) No 1408/71 and subsequent Regulations,

Having regard to Article 81 (d) of Regulation (EEC) No 1408/71, under the terms of which it is required to foster and develop cooperation between Member States with a view to expediting the award of benefits due under the provisions of that Regulation,

Having regard to Article 50 (2) of Council Regulation (EEC) No 574/72 of 21 March 1972, under which it shall fix the methods for implementing Article 50 (1) of the said Regulation,

Having regard to Article 2 (1) of Regulation (EEC) No 574/72, under which it shall draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations,

Whereas it is appropriate to specify the conditions for the implementation of Article 50 (1) (b) of Regulation (EEC) No 574/72 and to lay down model forms for the implementation of the said Article;

Whereas, in order to complete and update Decision No 104 of 29 May 1975, it is appropriate that certain amendments to that Decision be made,

HAS DECIDED AS FOLLOWS:

The institutions referred to in Article 50 (1) (b) of Regulation (EEC) No 574/72 shall draw up the insurance history of workers who have been subject to the legislation of two or more Member States in accordance with the provisions set out below: 1. The institutions concerned shall draw up the insurance history of a worker starting not later than one year before the date on which he will reach pensionable age: (a) either at the request of a worker to one of these institutions;

(b) or at the initiative of all the institutions concerned.

2. The institution drawing up the insurance history of a worker shall complete an E 503 form and forward it to the body designated by the competent authority of the Member State in question. 2.1. Where the worker is a national of that State:

the designated body shall forward an E 503 printed form to each designated body of the known country of employment. In reply to an E 503 form, the designated bodies of the countries of employment shall forward an E 505 form giving the insurance history of the worker to the designated body of the country of nationality.

2.2. Where the worker is not a national of that State:

the designated body of the country of employment drawing up the insurance history of the worker shall in the first place forward an E 503 form to the designated body of the country of nationality. This last-mentioned body shall then forward: - an E 504 form containing all known records of employment in application of Decision No 117,

- an E 505 form outlining the insurance history of the worker in the State of nationality.

The designated body of the country of employment responsible for drawing up the insurance history shall, on receipt of an E 504 form, then forward an E 503 form to each designated body of the countries of employment mentioned on the form These countries shall then forward an E 505 form containing information concerning the insurance history of the worker in each State.

2.3. The institutions concerned should draw up the insurance histories and send the E 505 forms to the designated body of their Member State.

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3. Any other method of communicating the same information may be substituted for forms E 503, E 504 and E 505 (models of which are annexed) with the agreement of the institutions concerned.

4. The institution holding the information received in pursuance of Article 2 of this Decision may forward such information to any of the other institutions concerned.

5. Where the legislation of a Member State lays down conditions in respect of the age at which a survivor is entitled to a pension, the institutions in question shall in the same way draw up the insurance history of a deceased worker starting not later than one year before the date on which he will be entitled to that pension.

6. Acceptance by Denmark of batches of E 503 forms received in connection with the systematic compilation of insurance histories is subject to a protocol concluded in advance between the designated bodies concerned.

7. This Decision, which replaces Decision No 104 of 29 May 1975, shall be published in the Official Journal of the European Communities. It shall apply with effect from 1 January 1984.

The Chairman of the Administrative Commission

H. KAUPPER

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