11972BN01/9/PT1A6

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1 . COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971

OJ NO L 149/2 , 5 JULY 1971

ARTICLE 1 ( J ) IS REPLACED BY THE FOLLOWING :

" ( J ) " LEGISLATION " MEANS ALL LAWS , REGULATIONS AND OTHER PROVISIONS AND ALL OTHER PRESENT OR FUTURE IMPLEMENTING MEASURES OF EACH MEMBER STATE RELATING TO THE SECTORS OF SOCIAL SECURITY AND SCHEMES FOR SOCIAL SECURITY COVERED BY ARTICLE 4 ( 1 ) AND ( 2 ) .

THE TERM EXCLUDES PROVISIONS OF EXISTING OR FUTURE INDUSTRIAL AGREEMENTS , WHETHER OR NOT THEY HAVE BEEN THE SUBJECT OF A DECISION BY THE AUTHORITIES RENDERING THEM COMPULSORY OR EXTENDING THEIR SCOPE . HOWEVER , IN SO FAR AS SUCH PROVISIONS :

( I ) SERVE TO PUT INTO EFFECT COMPULSORY INSURANCE IMPOSED BY THE LAWS AND REGULATIONS REFERRED TO IN THE PRECEDING SUBPARAGRAPH ; OR

( II ) SET UP A SCHEME ADMINISTERED BY THE SAME INSTITUTION AS THAT WHICH ADMINISTERS THE SCHEME SET UP BY THE LAWS AND REGULATIONS REFERRED TO IN THE PRECEDING SUBPARAGRAPH ,

THE LIMITATION ON THE TERM MAY AT ANY TIME BE LIFTED BY A DECLARATION OF THE MEMBER STATE CONCERNED SPECIFYING THE SCHEMES TO WHICH THIS REGULATION APPLIES . SUCH A DECLARATION SHALL BE NOTIFIED AND PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 96 .

THE PROVISIONS OF THE PRECEDING SUBPARAGRAPH SHALL NOT HAVE THE EFFECT OF EXEMPTING FROM THE APPLICATION OF THIS REGULATION THE SCHEMES TO WHICH REGULATION NO 3 APPLIED . "

AFTER ARTICLE 1 ( S ) , A NEW SUBPARAGRAPH IS INSERTED AS FOLLOWS :

" ( S ) ( A ) " PERIODS OF RESIDENCE " MEANS PERIODS OF RESIDENCE AS DEFINED OR RECOGNIZED BY THE LEGISLATION UNDER WHICH THEY WERE COMPLETED ; "

ARTICLE 15 ( 1 ) IS REPLACED BY :

" 1 . THE PROVISIONS OF ARTICLES 13 AND 14 SHALL NOT APPLY TO VOLUNTARY INSURANCE OR TO OPTIONAL CONTINUED INSURANCE UNLESS IN RESPECT OF ONE OF THE SECTORS REFERRED TO IN ARTICLE 4 THERE EXISTS IN ANY MEMBER STATE ONLY A VOLUNTARY SCHEME OF INSURANCE . "

ARTICLE 18 , THE TITLE AND PARAGRAPH 1 ARE REPLACED BY :

" AGGREGATION OF INSURANCE OR EMPLOYMENT PERIODS

1 . THE RESPONSIBLE INSTITUTION OF A MEMBER STATE WHOSE LEGISLATION MAKES THE ACQUISITION , RETENTION OR RECOVERY OF ENTITLEMENT TO BENEFITS CONDITIONAL UPON THE COMPLETION OF INSURANCE OR EMPLOYMENT PERIODS SHALL , IN SO FAR AS IS NECESSARY , TAKE INTO ACCOUNT THE INSURANCE OR EMPLOYMENT PERIODS COMPLETED UNDER THE LEGISLATION OF ANY OTHER MEMBER STATE AS THOUGH SUCH PERIODS HAD BEEN COMPLETED UNDER ITS OWN LEGISLATION . "

ARTICLE 19 ( 2 ) IS REPLACED BY :

" 2 . THE PROVISIONS OF PARAGRAPH 1 SHALL APPLY BY ANALOGY TO MEMBERS OF THE FAMILY PERMANENTLY RESIDENT IN THE TERRITORY OF A MEMBER STATE OTHER THAN THE ONE RESPONSIBLE , IN SO FAR AS THEY ARE NOT ENTITLED TO SUCH BENEFITS UNDER THE LEGISLATION OF THE STATE IN THE TERRITORY OF WHICH THEY ARE PERMANENTLY RESIDENT . "

ARTICLE 20 IS REPLACED BY :

" ARTICLE 20

FRONTIER WORKERS AND MEMBERS OF THEIR FAMILIES _ SPECIAL PROVISIONS

A FRONTIER WORKER MAY ALSO OBTAIN BENEFITS IN THE TERRITORY OF THE RESPONSIBLE STATE . SUCH BENEFITS SHALL BE ISSUED BY THE RESPONSIBLE INSTITUTION IN ACCORDANCE WITH THE LEGISLATION OF THAT STATE , AS THOUGH THE WORKER WERE PERMANENTLY RESIDENT IN IT . MEMBERS OF HIS FAMILY MAY RECEIVE BENEFITS UNDER THE SAME CONDITIONS ; HOWEVER , RECEIPT OF SUCH BENEFITS SHALL , EXCEPT IN AN EMERGENCY , BE CONDITIONAL UPON AN AGREEMENT BETWEEN THE STATES CONCERNED OR BETWEEN THE RESPONSIBLE AUTHORITIES OF THOSE STATES OR , IN ITS ABSENCE , ON PRIOR AUTHORIZATION BY THE RESPONSIBLE INSTITUTION . "

ARTICLE 22 ( 3 ) IS REPLACED BY :

" 3 . THE PROVISIONS OF PARAGRAPHS 1 AND 2 SHALL APPLY BY ANALOGY TO MEMBERS OF A WORKER'S FAMILY . "

ARTICLE 25 ( 3 ) IS REPLACED BY :

" 3 . WHERE AN UNEMPLOYED PERSON SATISFIES THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THE MEMBER STATE RESPONSIBLE FOR THE COST OF UNEMPLOYMENT BENEFITS FOR ENTITLEMENT TO SICKNESS AND MATERNITY BENEFITS , TAKING ACCOUNT WHERE NECESSARY OF THE PROVISIONS OF ARTICLE 18 , THE MEMBERS OF HIS FAMILY SHALL RECEIVE THESE BENEFITS , WHICHEVER THE MEMBER STATE ON WHOSE TERRITORY THEY ARE PERMANENTLY OR TEMPORARILY RESIDENT . SUCH BENEFITS SHALL BE ISSUED :

( I ) WITH REGARD TO BENEFITS IN KIND , BY THE INSTITUTION OF THE PLACE OF PERMANENT OR TEMPORARY RESIDENCE IN ACCORDANCE WITH THE LEGISLATION WHICH IT APPLIES , ON BEHALF OF THE RESPONSIBLE INSTITUTION OF THE MEMBER STATE WHICH IS TO BEAR THE COST OF UNEMPLOYMENT BENEFIT ;

( II ) WITH REGARD TO CASH BENEFITS , BY THE RESPONSIBLE INSTITUTION OF THE MEMBER STATE WHICH IS TO BEAR THE COST OF UNEMPLOYMENT BENEFIT , UNDER THE PROVISIONS OF THE LEGISLATION WHICH IT APPLIES . "

ARTICLE 27 IS REPLACED BY :

" ARTICLE 27

PENSIONS PAYABLE UNDER THE LEGISLATION OF SEVERAL STATES , IN CASES WHERE ENTITLEMENT TO BENEFITS EXISTS IN THE COUNTRY OF PERMANENT RESIDENCE

THE HOLDER OF PENSION RIGHTS UNDER THE LEGISLATION OF TWO OR MORE MEMBER STATES WHO IS ENTITLED TO BENEFITS UNDER THE LEGISLATION OF THE MEMBER STATE ON WHOSE TERRITORY HE IS PERMANENTLY RESIDENT , TAKING ACCOUNT WHERE APPROPRIATE OF THE PROVISIONS OF ARTICLE 18 AND ANNEX V , SHALL , WITH THE MEMBERS OF HIS FAMILY , RECEIVE SUCH BENEFITS FROM THE INSTITUTION OF THE PLACE OF PERMANENT RESIDENCE AND AT THE EXPENSE OF THAT INSTITUTION AS THOUGH HE WERE THE HOLDER OF PENSION RIGHTS SOLELY UNDER THE LEGISLATION OF THE LATTER STATE . "

IN ARTICLE 28 , THE TITLE AND PARAGRAPH 1 ARE REPLACED BY :

" PENSIONS PAYABLE UNDER THE LEGISLATION OF ONE OR MORE STATES , IN CASES WHERE ENTITLEMENT TO SUCH BENEFITS DOES NOT EXIST IN THE COUNTRY OF PERMANENT RESIDENCE .

1 . THE HOLDER OF PENSION RIGHTS UNDER THE LEGISLATION OF ONE OR MORE MEMBER STATES WHO IS NOT ENTITLED TO BENEFITS UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY HE IS PERMANENTLY RESIDENT SHALL NEVERTHELESS RECEIVE SUCH BENEFITS FOR HIMSELF AND FOR MEMBERS OF HIS FAMILY , IN SO FAR AS HE WOULD , TAKING ACCOUNT WHERE APPROPRIATE OF THE PROVISIONS OF ARTICLE 18 AND ANNEX V , BE ENTITLED TO THOSE BENEFITS UNDER THE LEGISLATION OF THE SINGLE MEMBER STATE OR ONE AT LEAST OF THE SEVERAL MEMBER STATES RESPONSIBLE IN THE PENSIONS FIELD , HAD HE BEEN PERMANENTLY RESIDENT IN THE TERRITORY OF THE STATE IN QUESTION . BENEFITS SHALL BE ISSUED UNDER THE FOLLOWING CONDITIONS :

( A ) BENEFITS IN KIND SHALL BE ISSUED ON BEHALF OF THE INSTITUTION REFERRED TO IN PARAGRAPH 2 BY THE INSTITUTION OF THE PLACE OF PERMANENT RESIDENCE AS THOUGH THE PERSON CONCERNED WERE THE HOLDER OF PENSION RIGHTS UNDER THE LEGISLATION OF THE STATE ON WHOSE TERRITORY HE IS PERMANENTLY RESIDENT AND WERE ENTITLED TO SUCH BENEFITS ;

( B ) CASH BENEFITS SHALL WHERE APPROPRIATE BE ISSUED BY THE RESPONSIBLE INSTITUTION DETERMINED BY THE RULES OF PARAGRAPH 2 , IN ACCORDANCE WITH THE LEGISLATION APPLIED BY IT . HOWEVER , UPON AGREEMENT BETWEEN THE RESPONSIBLE INSTITUTION AND THE INSTITUTION OF THE PLACE OF PERMANENT RESIDENCE , SUCH BENEFITS MAY BE ISSUED BY THE LATTER INSTITUTION ON BEHALF OF THE FORMER , IN ACCORDANCE WITH THE LEGISLATION OF THE STATE RESPONSIBLE . "

ARTICLE 29 IS REPLACED BY THE FOLLOWING :

" ARTICLE 29

PERMANENT RESIDENCE OF MEMBERS OF THE FAMILY IN A STATE OTHER THAN THE ONE IN WHICH THE PENSIONER IS PERMANENTLY RESIDENT _ TRANSFER OF PERMANENT RESIDENCE TO THE STATE WHERE THE PENSIONER IS PERMANENTLY RESIDENT

1 . MEMBERS OF THE FAMILY OF THE HOLDER OF PENSION RIGHTS UNDER THE LEGISLATION OF ONE OR MORE MEMBER STATES , WHO ARE PERMANENTLY RESIDENT IN THE TERRITORY OF A MEMBER STATE OTHER THAN THE ONE IN WHICH THE PENSIONER IS PERMANENTLY RESIDENT , SHALL RECEIVE BENEFITS AS THOUGH HE WERE PERMANENTLY RESIDENT IN THE SAME TERRITORY AS THE MEMBERS OF HIS FAMILY , IN SO FAR AS HE IS ENTITLED TO THE SAID BENEFITS UNDER THE LEGISLATION OF A MEMBER STATE . BENEFITS SHALL BE ISSUED UNDER THE FOLLOWING CONDITIONS :

( A ) BENEFITS IN KIND SHALL BE ISSUED BY THE INSTITUTION OF THE PLACE PERMANENT RESIDENCE OF THE MEMBERS OF THE FAMILY IN ACCORDANCE WITH THE LEGISLATION APPLIED BY THAT INSTITUTION , THE COST BEING BORNE BY THE INSTITUTION OF THE PENSIONER'S PLACE OF RESIDENCE ;

( B ) CASH BENEFITS SHALL WHERE APPROPRIATE BE ISSUED BY THE RESPONSIBLE INSTITUTION DETERMINED BY THE PROVISIONS OF ARTICLE 27 OR ARTICLE 28 ( 2 ) , IN ACCORDANCE WITH THE LEGISLATION APPLIED BY IT . HOWEVER , UPON AGREEMENT BETWEEN THE RESPONSIBLE INSTITUTION AND THE INSTITUTION OF THE PLACE OF PERMANENT RESIDENCE OF THE MEMBERS OF THE FAMILY , SUCH BENEFITS MAY BE ISSUED BY THE LATTER INSTITUTION ON BEHALF OF THE FORMER , IN ACCORDANCE WITH THE LEGISLATION OF THE STATE RESPONSIBLE .

2 . MEMBERS OF THE FAMILY COVERED BY PARAGRAPH 1 WHO TRANSFER THEIR PERMANENT RESIDENCE TO THE TERRITORY OF THE MEMBER STATE WHERE THE PENSIONER RESIDES , SHALL RECEIVE :

( A ) BENEFITS IN KIND UNDER THE PROVISIONS OF THE LEGISLATION OF THAT STATE , EVEN IF THEY HAVE ALREADY RECEIVED BENEFITS FOR THE SAME CASE OF SICKNESS OR MATERNITY BEFORE TRANSFERRING THEIR PERMANENT RESIDENCE ;

( B ) CASH BENEFITS ISSUED WHERE APPROPRIATE BY THE RESPONSIBLE INSTITUTION DETERMINED BY THE PROVISIONS OF ARTICLE 27 OR OF ARTICLE 28 ( 2 ) , IN ACCORDANCE WITH THE LEGISLATION APPLIED BY IT . HOWEVER , UPON AGREEMENT BETWEEN THE RESPONSIBLE INSTITUTION AND THE INSTITUTION OF THE PLACE OF PERMANENT RESIDENCE OF THE PENSIONER , SUCH BENEFITS MAY BE ISSUED BY THE LATTER INSTITUTION ON BEHALF OF THE FORMER , IN ACCORDANCE WITH THE LEGISLATION OF THE STATE RESPONSIBLE . "

ARTICLE 31 IS REPLACED BY THE FOLLOWING :

" ARTICLE 31

TEMPORARY RESIDENCE OF THE PENSIONER AND / OR MEMBERS OF HIS FAMILY IN A STATE OTHER THAN THAT IN WHICH THEY ARE PERMANENTLY RESIDENT

THE PENSIONER REFERRED TO IN ARTICLE 27 OR ARTICLE 28 SHALL , WITH MEMBERS OF HIS FAMILY WHO ARE TEMPORARILY RESIDENT IN THE TERRITORY OF A MEMBER STATE OTHER THAN THE ONE WHERE THEY ARE PERMANENTLY RESIDENT , RECEIVE :

( A ) BENEFITS IN KIND ISSUED BY THE INSTITUTION OF THE PLACE OF TEMPORARY RESIDENCE , UNDER THE PROVISIONS OF THE LEGISLATION APPLIED BY IT , THE COST BEING BORNE BY THE INSTITUTION OF THE PENSIONER'S PLACE OF PERMANENT RESIDENCE ;

( B ) CASH BENEFITS ISSUED WHERE APPROPRIATE BY THE RESPONSIBLE INSTITUTION , DETERMINED BY THE PROVISIONS OF ARTICLE 27 OR ARTICLE 28 ( 2 ) , IN ACCORDANCE WITH THE LEGISLATION APPLIED BY IT . HOWEVER , FOLLOWING AN AGREEMENT BETWEEN THE RESPONSIBLE INSTITUTION AND THE INSTITUTION OF THE PLACE OF TEMPORARY RESIDENCE , THESE BENEFITS MAY BE ISSUED BY THE LATTER INSTITUTION ON BEHALF OF THE FORMER , IN ACCORDANCE WITH THE LEGISLATION OF THE STATE RESPONSIBLE . "

ARTICLE 33 IS REPLACED BY THE FOLLOWING :

" ARTICLE 33

CONTRIBUTIONS PAYABLE BY PENSIONERS

THE INSTITUTION WHICH IS LIABLE FOR PAYMENT OF A PENSION AND WHICH BELONGS TO A MEMBER STATE WHOSE LEGISLATION PROVIDES FOR DEDUCTIONS FROM PENSIONS IN RESPECT OF CONTRIBUTIONS PAYABLE BY PENSIONERS TO COVER SICKNESS AND MATERNITY BENEFITS SHALL BE AUTHORIZED TO MAKE SUCH DEDUCTIONS , CALCULATED ON THE PENSION PAYABLE IN ACCORDANCE WITH THE LEGISLATION CONCERNED , IN SO FAR AS AN INSTITUTION OF THE SAID MEMBER STATE IS RESPONSIBLE FOR THE BENEFITS ISSUED UNDER ARTICLES 27 , 28 , 29 , 31 AND 32 . "

ARTICLE 34 IS REPLACED BY THE FOLLOWING :

" ARTICLE 34

GENERAL PROVISIONS

THE PROVISIONS OF 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 AN OCCUPATIONAL ACTIVITY . IN SUCH A CASE , THE PERSON CONCERNED SHALL BE CONSIDERED AS A WORKER OR AS A MEMBER OF A WORKER'S FAMILY FOR THE PURPOSES OF THIS CHAPTER . "

THE TITLE OF SECTION 1 OF CHAPTER 2 OF TITLE III IS REPLACED BY THE FOLLOWING :

" WORKERS EXCLUSIVELY SUBJECT TO LEGISLATIONS UNDER WHICH THE AMOUNT OF INVALIDITY BENEFIT IS NOT DEPENDENT ON THE DURATION OF PERIODS OF INSURANCE OR RESIDENCE . "

ARTICLE 37 ( 1 ) IS REPLACED BY THE FOLLOWING :

" 1 . A WORKER WHO HAS BEEN SUCCESSIVELY OR ALTERNATELY SUBJECT TO THE LEGISLATIONS OF TWO OR MORE MEMBER STATES AND WHO HAS COMPLETED PERIODS OF INSURANCE OR RESIDENCE EXCLUSIVELY SUBJECT TO LEGISLATIONS UNDER WHICH THE AMOUNT OF INVALIDITY BENEFIT IS INDEPENDENT OF THE DURATION OF PERIODS OF INSURANCE OR RESIDENCE , AS THE CASE MAY BE , SHALL RECEIVE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 39 . THOSE PROVISIONS SHALL NOT AFFECT ANY ADDITIONAL ALLOWANCES IN RESPECT OF CHILDREN , GRANTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 8 . "

IN ARTICLE 38 , THE TITLE AND PARAGRAPH 1 ARE REPLACED BY THE FOLLOWING :

" AGGREGATION OF PERIODS OF INSURANCE OR OF RESIDENCE

1 . THE RESPONSIBLE INSTITUTION OF A MEMBER STATE WHOSE LEGISLATION MAKES THE ACQUISITION , RETENTION OR RECOVERY OF ENTITLEMENT TO BENEFITS CONDITIONAL UPON THE COMPLETION OF PERIODS OF INSURANCE OR RESIDENCE SHALL TAKE ACCOUNT , AS NECESSARY , OF PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF ANY OTHER MEMBER STATE , AND WHERE APPROPRIATE OF PERIODS OF RESIDENCE COMPLETED AFTER THE MINIMUM SCHOOL-LEAVING AGE FOR THE PERSON CONCERNED UNDER THE LEGISLATION OF ANY OTHER MEMBER STATE WHICH MAKES ENTITLEMENT TO BENEFITS SUBJECT TO THE COMPLETION OF PERIODS OF RESIDENCE , AS THOUGH THEY HAD BEEN COMPLETED UNDER ITS OWN LEGISLATION . "

THE TITLE OF SECTION 2 OF CHAPTER 2 OF TITLE III IS REPLACED BY THE FOLLOWING :

" WORKERS SUBJECT EITHER EXCLUSIVELY TO LEGISLATIONS ACCORDING TO WHICH THE AMOUNT OF INVALIDITY BENEFIT DEPENDS ON THE LENGTH OF PERIODS OF INSURANCE OR RESIDENCE OR TO LEGISLATIONS OF THIS TYPE AND OF THE TYPE REFERRED TO IN SECTION 1 . "

IN ARTICLE 45 , THE TITLE AND PARAGRAPH 1 ARE REPLACED BY THE FOLLOWING :

" RECOGNITION OF PERIODS OF INSURANCE OR RESIDENCE COMPLETED UNDER THE LEGISLATIONS TO WHICH A WORKER HAS BEEN SUBJECT , FOR THE ACQUISITION , RETENTION OR RECOVERY OF ENTITLEMENT TO BENEFITS .

1 . AN INSTITUTION OF A MEMBER STATE WHOSE LEGISLATION MAKES THE ACQUISITION , RETENTION AND RECOVERY OF ENTITLEMENT TO BENEFITS SUBJECT TO THE COMPLETION OF PERIODS OF INSURANCE OR RESIDENCE SHALL TAKE ACCOUNT , AS NECESSARY , OF PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF ANY OTHER MEMBER STATE AND , WHERE APPROPRIATE , OF PERIODS OF RESIDENCE , COMPLETED AFTER THE MINIMUM SCHOOL-LEAVING AGE FOR THE PERSON CONCERNED UNDER THE LEGISLATION OF ANY OTHER MEMBER STATE WHICH MAKES ENTITLEMENT TO BENEFITS SUBJECT TO COMPLETION OF PERIODS OF RESIDENCE , AS THOUGH THEY HAD BEEN COMPLETED UNDER ITS OWN LEGISLATION . "

IN ARTICLE 45 , THE FOLLOWING PARAGRAPH IS ADDED :

" 4 . IF THE LEGISLATION OF A MEMBER STATE MAKES THE GRANTING OF BENEFITS CONDITIONAL UPON THE PERSON CONCERNED HAVING BEEN PERMANENTLY RESIDENT , FOR A SPECIFIC LENGTH OF TIME IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE EVENT INSURED AGAINST , IN THE TERRITORY OF THAT MEMBER STATE , THIS CONDITION SHALL BE DEEMED TO BE SATISFIED IF FOR THAT SAME PERIOD THE PERSON CONCERNED WAS PERMANENTLY RESIDENT IN THE TERRITORY OF ANOTHER MEMBER STATE AND EITHER WAS SUBJECT TO THE LEGISLATION OF A MEMBER STATE OR WAS RECEIVING A PENSION UNDER THE LEGISLATION OF A MEMBER STATE . "

IN ARTICLE 46 ( 1 ) AND ( 2 ) ARE REPLACED BY THE FOLLOWING :

" 1 . WHERE A WORKER HAS BEEN SUBJECT TO THE LEGISLATION OF ANY MEMBER STATE AND WHERE HE SATISFIES ITS CONDITIONS FOR ENTITLEMENT TO BENEFITS WITHOUT APPLICATION OF THE PROVISIONS OF ARTICLE 45 BEING NECESSARY , THE RESPONSIBLE INSTITUTION OF THAT STATE SHALL , IN ACCORDANCE WITH THE LEGISLATION APPLIED BY IT , DETERMINE THE AMOUNT OF BENEFIT CORRESPONDING TO THE TOTAL LENGTH OF THE PERIODS OF INSURANCE OR RESIDENCE TO BE TAKEN INTO ACCOUNT UNDER THAT LEGISLATION .

THIS INSTITUTION SHALL ALSO UNDERTAKE THE CALCULATION OF THE AMOUNT OF BENEFIT WHICH WOULD BE OBTAINED BY APPLYING THE RULES LAID DOWN IN PARAGRAPH ( 2 ) ( A ) AND ( B ) . ONLY THE HIGHER OF THESE TWO AMOUNTS SHALL BE CONSIDERED .

2 . WHERE A WORKER HAS BEEN SUBJECT TO THE LEGISLATION OF ANY MEMBER STATE AND WHERE HE DOES NOT SATISFY THE CONDITIONS FOR ENTITLEMENT TO BENEFITS UNLESS ACCOUNT IS TAKEN OF THE PROVISIONS OF ARTICLE 45 , THE RESPONSIBLE INSTITUTION OF THAT MEMBER STATE SHALL APPLY THE FOLLOWING RULES :

( A ) THE INSTITUTION SHALL CALCULATE THE THEORETICAL AMOUNT OF BENEFIT THAT THE INTERESTED PERSON COULD CLAIM IF ALL THE PERIODS OF INSURANCE AND RESIDENCE , COMPLETED UNDER THE LEGISLATIONS OF THE MEMBER STATES TO WHICH HE HAS BEEN SUBJECT , HAD BEEN COMPLETED IN THE STATE IN QUESTION AND UNDER THE LEGISLATION APPLIED BY IT AT THE TIME OF DETERMINATION OF THE BENEFIT . IF UNDER THAT LEGISLATION THE AMOUNT OF THE BENEFIT DOES NOT DEPEND ON THE LENGTH OF THE PERIODS COMPLETED , THIS AMOUNT SHALL BE TAKEN AS THE THEORETICAL AMOUNT REFERRED TO IN THIS SUBPARAGRAPH ;

( B ) THE INSTITUTION SHALL THEN ESTABLISH THE ACTUAL AMOUNT OF THE BENEFIT ON THE BASIS OF THE THEORETICAL AMOUNT REFERRED TO IN THE PRECEDING SUBPARAGRAPH , PRO RATA WITH THE LENGTH OF THE PERIODS OF INSURANCE OR RESIDENCE COMPLETED BEFORE THE OCCURRENCE OF THE EVENT INSURED AGAINST UNDER THE LEGISLATION APPLIED BY IT , AS COMPARED WITH THE TOTAL LENGTH OF THE PERIODS OF INSURANCE AND RESIDENCE COMPLETED UNDER THE LEGISLATIONS OF ALL THE MEMBER STATES CONCERNED BEFORE THE OCCURRENCE OF THAT EVENT ;

( C ) IF THE TOTAL LENGTH OF THE PERIODS OF INSURANCE AND RESIDENCE COMPLETED BEFORE THE OCCURRENCE OF THE EVENT INSURED AGAINST UNDER THE LEGISLATIONS OF ALL THE MEMBER STATES CONCERNED IS LONGER THAN THE MAXIMUM PERIOD REQUIRED BY THE LEGISLATION OF ONE OF THESE STATES FOR RECEIPT OF THE FULL BENEFIT , THE RESPONSIBLE INSTITUTION OF THAT STATE SHALL , WHEN APPLYING THE PROVISIONS OF THIS PARAGRAPH , TAKE INTO CONSIDERATION THIS MAXIMUM PERIOD INSTEAD OF THE TOTAL LENGTH OF THE PERIODS COMPLETED ; THIS METHOD OF CALCULATION MUST NOT RESULT IN IMPOSING ON THAT INSTITUTION THE COST OF A BENEFIT GREATER THAN THE FULL BENEFIT PROVIDED FOR BY ITS OWN LEGISLATION ;

( D ) THE PROCEDURE FOR TAKING INTO ACCOUNT OVERLAPPING PERIODS WHEN APPLYING THE RULES OF CALCULATION REFERRED TO IN THIS PARAGRAPH SHALL BE LAID DOWN IN THE IMPLEMENTING REGULATION REFERRED TO IN ARTICLE 97 . "

IN ARTICLE 47 , PARAGRAPH ( 1 ) ( B ) , ( C ) AND ( D ) AND PARAGRAPH 2 ARE REPLACED BY :

" ( B ) WHERE , UNDER THE LEGISLATION OF A MEMBER STATE , BENEFITS ARE CALCULATED ON THE BASIS OF THE LEVEL OF WAGES OR SALARIES , CONTRIBUTIONS OR INCREASES IN CONTRIBUTIONS , THE RESPONSIBLE INSTITUTION OF THAT STATE SHALL DETERMINE THE WAGES OR SALARIES , CONTRIBUTIONS AND INCREASES TO BE TAKEN INTO ACCOUNT IN RESPECT OF THE PERIODS OF INSURANCE OR RESIDENCE ON THE BASIS OF THE AVERAGE WAGES OR SALARIES , CONTRIBUTIONS AND INCREASES RECORDED IN RESPECT OF THE INSURANCE PERIODS COMPLETED UNDER ITS OWN LEGISLATION ;

( C ) WHERE , UNDER THE LEGISLATION OF A MEMBER STATE , BENEFITS ARE CALCULATED ON THE BASIS OF WAGES OR SALARIES OR OF LUMP-SUM PAYMENTS , THE RESPONSIBLE INSTITUTIONS OF THAT STATE SHALL CONSIDER THE WAGES OR SALARIES OR LUMP-SUM PAYMENTS TO BE TAKEN INTO ACCOUNT IN RESPECT OF PERIODS OF INSURANCE OR RESIDENCE COMPLETED UNDER THE LEGISLATIONS OF OTHER MEMBER STATES AS EQUAL TO THE WAGES OR SALARIES OR LUMP-SUM PAYMENTS OR , WHERE APPROPRIATE , TO THE AVERAGE OF THE WAGES OR SALARIES OR LUMP-SUM PAYMENTS CORRESPONDING TO THE INSURANCE PERIODS COMPLETED UNDER ITS OWN LEGISLATION ;

( D ) WHERE , UNDER THE LEGISLATION OF A MEMBER STATE , BENEFITS ARE CALCULATED FOR SOME PERIODS ON THE BASIS OF THE AMOUNT OF WAGES OR SALARIES , AND FOR OTHER PERIODS ON THE BASIS OF WAGES , SALARIES OR LUMP-SUM PAYMENTS , THE RESPONSIBLE INSTITUTION OF THAT STATE SHALL , IN RESPECT OF PERIODS OF INSURANCE OR RESIDENCE COMPLETED UNDER THE LEGISLATIONS OF OTHER MEMBER STATES , TAKE INTO ACCOUNT THE WAGES , SALARIES OR LUMP-SUM PAYMENTS DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ( B ) OR ( C ) ABOVE OR , AS APPROPRIATE , THE AVERAGE OF SUCH WAGES , SALARIES OR LUMP-SUM PAYMENTS ; IF BENEFITS ARE CALCULATED ON THE BASIS OF WAGES , SALARIES OR LUMP-SUM PAYMENTS FOR ALL PERIODS COMPLETED UNDER ITS OWN LEGISLATION , THE RESPONSIBLE INSTITUTION SHALL CONSIDER THE WAGES OR SALARIES TO BE TAKEN INTO ACCOUNT IN RESPECT OF THE PERIODS OF INSURANCE OR RESIDENCE COMPLETED UNDER THE LEGISLATIONS OF OTHER MEMBER STATES AS BEING EQUAL TO THE NOTIONAL WAGES OR SALARIES CORRESPONDING TO SUCH WAGES , SALARIES OR LUMP-SUM PAYMENTS .

2 . THE LEGISLATIVE PROVISIONS OF A MEMBER STATE CONCERNING THE REASSESSMENT OF THE FACTORS TAKEN INTO ACCOUNT FOR THE CALCULATION OF BENEFITS SHALL APPLY , AS NECESSARY , TO THE FACTORS TO BE TAKEN INTO ACCOUNT BY THE RESPONSIBLE INSTITUTION OF THAT STATE , IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 1 , IN RESPECT OF THE PERIODS OF INSURANCE OR RESIDENCE COMPLETED UNDER THE LEGISLATION OF OTHER MEMBER STATES . "

IN ARTICLE 48 , THE TITLE AND PARAGRAPH 1 ARE REPLACED BY :

" PERIODS OF INSURANCE OR OF RESIDENCE OF LESS THAN A YEAR

1 . NOTWITHSTANDING THE PROVISIONS OF ARTICLE 46 ( 2 ) , IF THE TOTAL LENGTH OF THE PERIODS OF INSURANCE OR RESIDENCE COMPLETED UNDER THE LEGISLATION OF A MEMBER STATE DOES NOT AMOUNT TO A YEAR AND IF , TAKING INTO ACCOUNT THESE PERIODS ALONE , NO ENTITLEMENT TO BENEFIT IS ACQUIRED UNDER THE PROVISIONS OF THAT LEGISLATION , THE INSTITUTION OF THAT STATE SHALL NOT BE OBLIGED TO GRANT BENEFITS IN RESPECT OF THOSE PERIODS . "

ARTICLE 48 ( 3 ) IS REPLACED BY :

" 3 . IF THE EFFECT OF APPLYING THE PROVISIONS OF PARAGRAPH 1 IS TO RELIEVE OF THEIR OBLIGATIONS ALL THE INSTITUTIONS OF THE MEMBER STATES CONCERNED , BENEFITS SHALL BE GRANTED EXCLUSIVELY UNDER THE LEGISLATION OF THE LAST OF THOSE STATES WHOSE CONDITIONS ARE SATISFIED , AS IF ALL THE PERIODS OF INSURANCE AND RESIDENCE COMPLETED AND TAKEN INTO ACCOUNT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 45 ( 1 ) AND ( 2 ) HAD BEEN COMPLETED UNDER THE LEGISLATION OF THAT STATE . "

THE TITLE OF ARTICLE 49 IS REPLACED BY :

" CALCULATION OF BENEFITS WHEN THE INTERESTED PERSON DOES NOT SIMULTANEOUSLY SATISFY THE CONDITIONS OF ALL THE LEGISLATIONS UNDER WHICH PERIODS OF INSURANCE OR OF RESIDENCE HAVE BEEN COMPLETED . "

ARTICLE 49 ( 1 ) ( B ) IS REPLACED BY :

" ( B ) HOWEVER ,

( I ) IF THE INTERESTED PERSON SATISFIES THE CONDITIONS OF AT LEAST TWO LEGISLATIONS WITHOUT THERE BEING ANY NEED TO RESORT TO PERIODS OF INSURANCE OR RESIDENCE COMPLETED UNDER LEGISLATIONS WHOSE CONDITIONS ARE NOT SATISFIED , THESE PERIODS SHALL NOT BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF ARTICLE 46 ( 2 ) ;

( II ) IF THE INTERESTED PERSON SATISFIES THE CONDITIONS OF ONLY ONE LEGISLATION WITHOUT THERE BEING ANY NEED TO RESORT TO PERIODS OF INSURANCE OR OF RESIDENCE COMPLETED UNDER LEGISLATIONS WHOSE CONDITIONS ARE NOT SATISFIED , THE AMOUNT OF BENEFIT PAYABLE SHALL BE CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF THE ONLY LEGISLATION WHOSE CONDITIONS ARE SATISFIED AND TAKING ACCOUNT ONLY OF THE PERIODS COMPLETED UNDER THAT LEGISLATION . "

ARTICLE 50 IS REPLACED BY :

" ARTICLE 50

AWARD OF A SUPPLEMENT WHEN 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 IS PERMANENTLY RESIDENT

A RECIPIENT OF BENEFITS TO WHOM THIS CHAPTER APPLIES MAY NOT , IN THE STATE IN WHOSE TERRITORY HE IS PERMANENTLY RESIDENT AND UNDER WHOSE LEGISLATION A BENEFIT IS PAYABLE TO HIM , BE AWARDED A BENEFIT LESS THAN THE MINIMUM BENEFIT DETERMINED BY THAT LEGISLATION FOR A PERIOD OF INSURANCE OR RESIDENCE EQUAL TO ALL THE INSURANCE PERIODS TAKEN INTO ACCOUNT FOR THE PAYMENT IN ACCORDANCE WITH THE PROVISIONS OF THE PRECEDING ARTICLES . THE RESPONSIBLE INSTITUTION OF THAT STATE SHALL , IF NECESSARY , PAY HIM THROUGHOUT THE PERIOD OF HIS RESIDENCE IN ITS TERRITORY A SUPPLEMENT EQUAL TO THE DIFFERENCE BETWEEN THE TOTAL OF THE BENEFITS PAYABLE UNDER THIS CHAPTER AND THE AMOUNT OF THE MINIMUM BENEFIT . "

IN TITLE III , CHAPTER 4 , SECTION 1 , THE HEADING IS REPLACED BY :

" COMMON PROVISION "

AFTER THIS HEADING THE FOLLOWING ARTICLE IS ADDED :

" ARTICLE 51A

AGGREGATION OF PERIODS OF INSURANCE OR EMPLOYMENT

THE RESPONSIBLE INSTITUTION OF A MEMBER STATE WHOSE LEGISLATION MAKES ACQUISITION , RETENTION AND RECOVERY OF ENTITLEMENT TO BENEFITS SUBJECT TO THE COMPLETION OF PERIODS OF EMPLOYMENT SHALL TAKE ACCOUNT , AS NECESSARY , OF PERIODS OF INSURANCE OR EMPLOYMENT COMPLETED UNDER THE LEGISLATION OF ANY OTHER MEMBER STATE , AS IF THEY HAD BEEN COMPLETED UNDER ITS OWN LEGISLATION . "

BEFORE ARTICLE 52 , " SECTION 1 " IS REPLACED BY " SECTION 2 " .

ARTICLE 57 ( 3 ) ( C ) IS REPLACED BY :

" ( C ) THE COST OF BENEFITS IN CASH INCLUDING PENSIONS SHALL BE DIVIDED BETWEEN THE RESPONSIBLE INSTITUTIONS OF THE MEMBER STATES IN WHOSE TERRITORY THE INTERESTED PERSON PRACTISED AN OCCUPATION LIABLE TO ENCOURAGE THE DISEASE . THIS DIVISION SHALL BE CARRIED OUT PRO RATA WITH THE LENGTH OF THE PERIODS OF OLD-AGE INSURANCE OR OF RESIDENCE REFERRED TO IN ARTICLE 45 ( 1 ) COMPLETED UNDER THE LEGISLATION OF EACH OF THE STATES IN RELATION TO THE TOTAL LENGTH OF THE PERIODS OF OLD-AGE INSURANCE OR OF RESIDENCE COMPLETED UNDER THE LEGISLATION OF ALL THE STATES ON THE DATE ON WHICH THE BENEFITS COMMENCED .

BEFORE ARTICLE 60 , " SECTION 2 " IS REPLACED BY " SECTION 3 " .

BEFORE ARTICLE 61 , " SECTION 3 " IS REPLACED BY " SECTION 4 " .

BEFORE ARTICLE 63 , " SECTION 4 " IS REPLACED BY " SECTION 5 " .

ARTICLE 72 IS REPLACED BY :

" ARTICLE 72

AGGREGATION OF PERIODS OF INSURANCE OR EMPLOYMENT

WHERE THE LEGISLATION OF ONE MEMBER STATE MAKES ACQUISITION OF THE RIGHT TO BENEFITS CONDITIONAL UPON COMPLETION OF PERIODS OF INSURANCE OR EMPLOYMENT , THE RESPONSIBLE INSTITUTION OF THAT STATE SHALL TAKE INTO ACCOUNT , IN SO FAR AS NECESSARY , PERIODS OF INSURANCE OR EMPLOYMENT COMPLETED IN THE TERRITORY OF ANY OTHER MEMBER STATE , AS IF THEY HAD BEEN COMPLETED UNDER ITS OWN LEGISLATION . "

ARTICLE 79 ( 1 ) ( A ) IS REPLACED BY :

" ( A ) IF THAT LEGISLATION MAKES THE ACQUISITION , RETENTION OR RECOVERY OF ENTITLEMENT TO BENEFITS DEPENDENT ON THE LENGTH OF PERIODS OF INSURANCE , EMPLOYMENT OR RESIDENCE , SUCH LENGTHS SHALL BE DETERMINED TAKING INTO ACCOUNT , WHERE NECESSARY , THE PROVISIONS OF ARTICLE 45 OR ARTICLE 72 AS APPROPRIATE . "

AFTER ARTICLE 79 ( 3 ) THE FOLLOWING PARAGRAPH IS ADDED :

" 4 . FOR THE PURPOSES OF PARAGRAPH 2 AND OF ARTICLE 77 ( 2 ) ( B ) ( II ) AND ARTICLE 78 ( 2 ) ( B ) ( II ) , PERIODS OF RESIDENCE COMPLETED AFTER REACHING THE MINIMUM SCHOOL-LEAVING AGE FOR THE PERSON CONCERNED , UNDER A LEGISLATION UNDER WHICH ENTITLEMENT TO BENEFITS IS SUBJECT TO THE COMPLETION OF PERIODS OF RESIDENCE , SHALL BE CONSIDERED AS PERIODS OF INSURANCE . "

IN ARTICLE 82 ( 1 ) , THE WORD " THIRTY-SIX " IS REPLACED BY THE WORD " SIXTY " .

ARTICLE 94 ( 1 ) TO ( 7 ) IS REPLACED BY :

" 1 . THIS REGULATION SHALL CREATE NO ENTITLEMENT TO BENEFITS FOR A PERIOD PRIOR TO THE DATE OF ITS ENTRY INTO FORCE OR TO THE DATE OF ITS APPLICATION IN THE TERRITORY OF THE MEMBER STATE CONCERNED .

2 . ALL INSURANCE PERIODS , AS ALSO , WHERE APPLICABLE , ALL PERIODS OF EMPLOYMENT OR RESIDENCE COMPLETED UNDER THE LEGISLATION OF A MEMBER STATE BEFORE THE DATE OF ENTRY INTO FORCE OF THIS REGULATION OR BEFORE THE DATE OF ITS APPLICATION IN THE TERRITORY OF THAT MEMBER STATE , SHALL BE TAKEN INTO CONSIDERATION FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THIS REGULATION .

3 . SUBJECT TO THE PROVISIONS OF PARAGRAPH 1 , AN ENTITLEMENT SHALL EXIST UNDER THIS REGULATION EVEN IF IT RELATES TO AN EVENT PRIOR TO THE DATE OF THE ENTRY INTO FORCE OF THIS REGULATION OR TO THE DATE OF ITS APPLICATION IN THE TERRITORY OF THE MEMBER STATE CONCERNED .

4 . ANY BENEFIT WHICH HAS NOT BEEN DETERMINED OR HAS BEEN SUSPENDED BY REASON OF THE NATIONALITY OR PLACE OF PERMANENT RESIDENCE OF THE PERSON CONCERNED SHALL , ON THE APPLICATION OF THE PERSON CONCERNED , BE DETERMINED OR RESUMED WITH EFFECT FROM THE DATE OF ENTRY INTO FORCE OF THIS REGULATION OR THE DATE OF ITS APPLICATION IN THE TERRITORY OF THE MEMBER STATE CONCERNED UNLESS THE ENTITLEMENT PREVIOUSLY DETERMINED HAS BEEN COMPOUNDED BY A CAPITAL PAYMENT .

5 . PERSONS WHOSE PENSION RIGHTS WERE DETERMINED BEFORE THE ENTRY INTO FORCE OF THIS REGULATION OR BEFORE THE DATE OF ITS APPLICATION IN THE TERRITORY OF THE MEMBER STATE CONCERNED MAY APPLY FOR SUCH PENSION RIGHTS TO BE REVIEWED , TAKING ACCOUNT OF THE PROVISIONS OF THIS REGULATION . THIS PROVISION SHALL ALSO APPLY TO THE OTHER BENEFITS REFERRED TO IN ARTICLE 78 .

6 . IF THE APPLICATION REFERRED TO IN PARAGRAPHS 4 AND 5 IS SUBMITTED WITHIN TWO YEARS FROM THE DATE OF ENTRY INTO FORCE OF THIS REGULATION OR FROM THE DATE OF ITS ENTRY INTO EFFECT IN THE TERRITORY OF THE MEMBER STATE CONCERNED , PERSONS CONCERNED SHALL BY VIRTUE OF THIS REGULATION ACQUIRE FROM THAT DATE THE ENTITLEMENT TO BENEFITS , AND THE PROVISIONS OF THE LEGISLATION OF ANY MEMBER STATE CONCERNING THE FORFEIT OR LIMITATION OF RIGHTS SHALL NOT APPLY TO THEM .

7 . IF THE APPLICATION REFERRED TO IN PARAGRAPH 4 OR 5 IS SUBMITTED AFTER THE EXPIRY OF THE TWO-YEAR PERIOD FOLLOWING THE ENTRY INTO FORCE OF THIS REGULATION OR FOLLOWING THE DATE OF ITS APPLICATION IN THE TERRITORY OF THE MEMBER STATE CONCERNED , A RIGHT TO BENEFIT THAT HAS NOT LAPSED OR IS NOT BARRED BY LIMITATION SHALL BE ACQUIRED FROM THE DATE ON WHICH THE APPLICATION WAS SUBMITTED EXCEPT WHERE MORE FAVOURABLE PROVISIONS OF THE LEGISLATION OF A MEMBER STATE APPLY . "

ARTICLE 94 ( 9 ) IS REPLACED BY :

" 9 . THE IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 73 ( 2 ) SHALL NOT HAVE THE EFFECT OF REDUCING THE ENTITLEMENT TO BENEFIT ENJOYED BY PERSONS CONCERNED AT THE DATE ENTRY INTO FORCE OF THIS REGULATION OR THE DATE OF ITS APPLICATION IN THE TERRITORY OF THE MEMBER STATE CONCERNED . FOR PERSONS WHO ARE AT THAT DATE RECEIVING MORE FAVOURABLE BENEFITS AS A RESULT OF BILATERAL AGREEMENTS CONCLUDED WITH FRANCE , THESE AGREEMENTS SHALL CONTINUE TO APPLY TO THEM FOR AS LONG AS THOSE PERSONS ARE SUBJECT TO FRENCH LEGISLATION . ACCOUNT SHALL NOT BE TAKEN OF INTERRUPTIONS LASTING LESS THAN ONE MONTH , NOR OF PERIODS IN WHICH UNEMPLOYMENT OR SICKNESS BENEFIT IS DRAWN . THE PROCEDURE FOR IMPLEMENTING THESE PROVISIONS SHALL BE LAID DOWN BY THE IMPLEMENTING REGULATION REFERRED TO IN ARTICLE 97 . "

ANNEX I IS REPLACED BY :

" ANNEX I

( ARTICLE 1 ( U ) OF THE REGULATION )

SPECIAL MATERNITY BENEFITS EXCLUDED FROM THE SCOPE OF THE REGULATION IN PURSUANCE OF ARTICLE 1 ( U )

A . BELGIUM

CHILDBIRTH ALLOWANCE

B . DENMARK

NONE

C . GERMANY

NONE

D . FRANCE

( A ) PRENATAL ALLOWANCES

( B ) MATERNITY ALLOWANCES OF THE SOCIAL SECURITY SYSTEM

E . IRELAND

NONE

F . ITALY

NONE

G . LUXEMBOURG

CHILDBIRTH ALLOWANCES

H . NETHERLANDS

NONE

I . NORWAY

NONE

J . UNITED KINGDOM

NONE . "

IN ANNEX II , PARTS A AND B ARE REPLACED BY :

" A .

PROVISIONS OF SOCIAL SECURITY CONVENTIONS REMAINING APPLICABLE NOTWITHSTANDING ARTICLE 6 OF THE REGULATION

( ARTICLE 7 ( 2 ) ( C ) OF THE REGULATION )

1 . BELGIUM _ DENMARK

NO CONVENTION

2 . BELGIUM _ GERMANY

( A ) ARTICLES 3 AND 4 OF THE FINAL PROTOCOL OF 7 DECEMBER 1957 TO THE GENERAL CONVENTION OF THAT DATE , AS IN THE COMPLEMENTARY PROTOCOL OF 10 NOVEMBER 1960 ;

( B ) COMPLEMENTARY AGREEMENT NO 3 OF 7 DECEMBER 1957 TO THE GENERAL CONVENTION OF THE SAME DATE , AS IN THE COMPLEMENTARY PROTOCOL OF 10 NOVEMBER 1960 ( PAYMENT OF PENSIONS FOR THE PERIOD PRECEDING THE ENTRY INTO FORCE OF THE GENERAL CONVENTION ) .

3 . BELGIUM _ FRANCE

( A ) ARTICLES 13 , 16 AND 23 OF THE COMPLEMENTARY AGREEMENT OF 17 JANUARY 1948 TO THE GENERAL CONVENTION OF THAT DATE ( WORKERS IN MINES AND SIMILAR UNDERTAKINGS ) ;

( B ) EXCHANGE OF LETTERS OF 27 FEBRUARY 1953 ( APPLICATION OF ARTICLE 4 ( 2 ) OF THE GENERAL CONVENTION OF 17 JANUARY 1948 ) ;

( C ) EXCHANGE OF LETTERS OF 29 JULY 1953 ON ALLOWANCES FOR ELDERLY EMPLOYED WORKERS .

4 . BELGIUM _ IRELAND

NO CONVENTION

5 . BELGIUM _ ITALY

ARTICLE 29 OF THE CONVENTION OF 30 APRIL 1948

6 . BELGIUM _ LUXEMBOURG

ARTICLES 3 , 4 , 5 , 6 AND 7 OF THE CONVENTION OF 16 NOVEMBER 1959 , AS IN THE CONVENTION OF 12 FEBRUARY 1964 ( FRONTIER WORKERS ) .

7 . BELGIUM _ NETHERLANDS

NONE

8 . BELGIUM _ NORWAY

NO CONVENTION

9 . BELGIUM _ UNITED KINGDOM

NONE

10 . DENMARK _ GERMANY

( A ) ARTICLE 3 ( 4 ) OF THE CONVENTION ON SOCIAL SECURITY INSURANCE OF 14 AUGUST 1953 ,

( B ) ITEM 15 OF THE FINAL PROTOCOL TO THE CONVENTION MENTIONED ABOVE ,

( C ) THE COMPLEMENTARY AGREEMENT OF 14 AUGUST 1953 TO THE CONVENTION MENTIONED ABOVE .

11 . DENMARK _ FRANCE

NONE

12 . DENMARK _ IRELAND

NO CONVENTION

13 . DENMARK _ ITALY

NO CONVENTION

14 . DENMARK _ LUXEMBOURG

NO CONVENTION

15 . DENMARK _ NETHERLANDS

NO CONVENTION

16 . DENMARK _ NORWAY

NONE

17 . DENMARK _ UNITED KINGDOM

NONE

18 . GERMANY _ FRANCE

( A ) ARTICLE 11 ( 1 ) , ARTICLE 16 ( 2 ) AND ARTICLE 19 OF THE GENERAL CONVENTION OF 10 JULY 1950 ;

( B ) ARTICLE 9 OF THE COMPLEMENTARY AGREEMENT NO 1 OF 10 JULY 1950 TO THE GENERAL CONVENTION OF THAT DATE ( WORKERS IN MINES AND SIMILAR UNDERTAKINGS ) ;

( C ) COMPLEMENTARY AGREEMENT NO 4 OF 10 JULY 1950 TO THE GENERAL CONVENTION OF THE SAME DATE , AS IN THE ADDED SECTION NO 2 OF 18 JUNE 1955 ;

( D ) HEADINGS I AND III OF THE ADDED SECTION NO 2 OF 18 JUNE 1955 ;

( E ) POINTS 6 , 7 AND 8 OF THE GENERAL PROTOCOL OF 10 JULY 1950 TO THE GENERAL CONVENTION OF THE SAME DATE ;

( F ) HEADINGS II , III AND IV OF THE AGREEMENT OF 20 DECEMBER 1963 ( SOCIAL SECURITY IN THE SAAR ) .

19 . GERMANY _ IRELAND

NO CONVENTION

20 . GERMANY _ ITALY

( A ) ARTICLES 3 ( 2 ) , 23 ( 2 ) , 26 AND 36 ( 3 ) OF THE CONVENTION OF 5 MAY 1953 ( SOCIAL INSURANCE ) ;

( B ) COMPLEMENTARY AGREEMENT OF 12 MAY 1953 TO THE CONVENTION OF 5 MAY 1953 ( PAYEMENT OF PENSIONS FOR THE PERIOD PRECEDING THE ENTRY INTO FORCE OF THE CONVENTION ) .

21 . GERMANY _ LUXEMBOURG

ARTICLES 4 , 5 , 6 AND 7 OF THE TREATY OF 11 JULY 1959 ( SETTLEMENT OF THE DISPUTE BETWEEN GERMANY AND LUXEMBOURG ) AND ARTICLE 11 ( 2 ) ( B ) OF THE TREATY OF 14 JULY 1960 ( SICKNESS AND MATERNITY BENEFITS FOR PERSONS WHO HAVE OPTED FOR THE APPLICATION OF THE LEGISLATION OF THEIR COUNTRY OF ORIGIN ) .

22 . GERMANY _ NETHERLANDS

( A ) ARTICLE 3 ( 2 ) OF THE CONVENTION OF 29 MARCH 1951 ;

( B ) ARTICLES 2 AND 3 OF COMPLEMENTARY AGREEMENT NO 4 OF 21 DECEMBER 1956 TO THE CONVENTION OF 29 MARCH 1951 ( ARRANGEMENTS CONCERNING RIGHTS ACQUIRED UNDER THE GERMAN SOCIAL SECURITY INSURANCE SCHEME BY DUTCH WORKERS BETWEEN 13 MAY 1940 AND 1 SEPTEMBER 1945 ) .

23 . GERMANY _ NORWAY

NONE

24 . GERMANY _ UNITED KINGDOM

( A ) ARTICLE 3 ( 6 ) AND ARTICLE 7 ( 2 ) TO ( 6 ) OF THE CONVENTION ON SOCIAL SECURITY OF 20 APRIL 1960 ;

( B ) ARTICLES 2 TO 7 OF THE FINAL PROTOCOL TO THE CONVENTION ON SOCIAL SECURITY OF 20 APRIL 1960 ;

( C ) ARTICLE 2 ( 5 ) AND ARTICLE 5 ( 2 ) TO ( 6 ) OF THE CONVENTION ON UNEMPLOYMENT INSURANCE OF 20 APRIL 1960 .

25 . FRANCE _ IRELAND

NO CONVENTION

26 . FRANCE _ ITALY

( A ) ARTICLES 20 AND 24 OF THE GENERAL CONVENTION OF 31 MARCH 1948 ;

( B ) EXCHANGE OF LETTERS OF 3 MARCH 1956 ( SICKNESS BENEFITS FOR SEASONAL WORKERS EMPLOYED IN AGRICULTURE ) .

27 . FRANCE _ LUXEMBOURG

ARTICLES 11 AND 14 OF COMPLEMENTARY AGREEMENT OF 12 NOVEMBER 1949 TO THE GENERAL CONVENTION OF THE SAME DATE ( WORKERS IN MINES AND SIMILAR UNDERTAKINGS ) .

28 . FRANCE _ NETHERLANDS

ARTICLE 11 OF THE COMPLEMENTARY AGREEMENT OF 1 JUNE 1954 TO THE GENERAL CONVENTION OF 7 JANUARY 1950 ( WORKERS IN MINES AND SIMILAR UNDERTAKINGS ) .

29 . FRANCE _ NORWAY

NONE

30 . FRANCE _ UNITED KINGDOM

THE EXCHANGE OF NOTES DATED 27 AND 30 JULY 1970 CONCERNING THE POSITION WITH REGARD TO SOCIAL SECURITY OF UNITED KINGDOM TEACHERS TEMPORARILY PURSUING THEIR PROFESSION IN FRANCE BY VIRTUE OF THE CULTURAL CONVENTION OF 2 MARCH 1948 .

31 . IRELAND _ ITALY

NO CONVENTION

32 . IRELAND _ LUXEMBOURG

NO CONVENTION

33 . IRELAND _ NETHERLANDS

NO CONVENTION

34 . IRELAND _ NORWAY

NO CONVENTION

35 . IRELAND _ UNITED KINGDOM

NONE

36 . ITALY _ LUXEMBOURG

ARTICLE 18 ( 2 ) AND ARTICLE 24 OF THE GENERAL CONVENTION OF 29 MAY 1951 .

37 . ITALY _ NETHERLANDS

ARTICLE 21 ( 2 ) OF THE GENERAL CONVENTION OF 28 OCTOBER 1952 .

38 . ITALY _ NORWAY

NONE

39 . ITALY _ UNITED KINGDOM

NONE

40 . LUXEMBOURG _ NETHERLANDS

NONE

41 . LUXEMBOURG _ NORWAY

NO CONVENTION

42 . LUXEMBOURG _ UNITED KINGDOM

NONE

43 . NETHERLANDS _ NORWAY

NO CONVENTION

44 . NETHERLANDS _ UNITED KINGDOM

NONE

45 . NORWAY _ UNITED KINGDOM

NONE

B .

PROVISIONS OF CONVENTIONS WHOSE BENEFITS ARE NOT AVAILABLE TO ALL THE PEOPLE TO WHOM THE REGULATION APPLIES

( ARTICLE 3 ( 3 ) OF THE REGULATION )

1 . BELGIUM _ DENMARK

NO CONVENTION

2 . BELGIUM _ GERMANY

( A ) ARTICLES 3 AND 4 OF THE FINAL PROTOCOL OF 7 DECEMBER 1957 TO THE GENERAL CONVENTION OF THAT DATE , AS IN THE COMPLEMENTARY PROTOCOL OF 10 NOVEMBER 1960 ;

( B ) COMPLEMENTARY AGREEMENT NO 3 OF 7 DECEMBER 1957 TO THE GENERAL CONVENTION OF THE SAME DATE , AS IN THE COMPLEMENTARY PROTOCOL OF 10 NOVEMBER 1960 ( PAYMENT OF PENSIONS FOR THE PERIOD PRECEDING THE ENTRY INTO FORCE OF THE GENERAL CONVENTION ) .

3 . BELGIUM _ FRANCE

( A ) EXCHANGE OF LETTERS OF 29 JULY 1953 ON THE ALLOWANCE FOR ELDERLY EMPLOYED WORKERS ;

( B ) ARTICLE 23 OF THE COMPLEMENTARY AGREEMENT OF 17 JANUARY 1948 TO THE GENERAL CONVENTION OF THAT DATE ( WORKERS IN MINES AND SIMILAR UNDERTAKINGS ) ;

( C ) EXCHANGE OF LETTERS OF 27 FEBRUARY 1953 ( APPLICATION OF ARTICLE 4 ( 2 ) OF THE GENERAL CONVENTION OF 17 JANUARY 1948 ) .

4 . BELGIUM _ IRELAND

NO CONVENTION

5 . BELGIUM _ ITALY

NONE

6 . BELGIUM _ LUXEMBOURG

NONE

7 . BELGIUM _ NETHERLANDS

NONE

8 . BELGIUM _ NORWAY

NO CONVENTION

9 . BELGIUM _ UNITED KINGDOM

NONE

10 . DENMARK _ GERMANY

( A ) ARTICLE 3 ( 4 ) OF THE CONVENTION ON SOCIAL SECURITY INSURANCE OF 14 AUGUST 1953 ;

( B ) ITEM 15 OF THE FINAL PROTOCOL OF THE CONVENTION MENTIONED ABOVE ;

( C ) THE COMPLEMENTARY AGREEMENT OF 14 AUGUST 1953 TO THE CONVENTION MENTIONED ABOVE .

11 . DENMARK _ FRANCE

NONE

12 . DENMARK _ IRELAND

NO CONVENTION

13 . DENMARK _ ITALY

NO CONVENTION

14 . DENMARK _ LUXEMBOURG

NO CONVENTION

15 . DENMARK _ NETHERLANDS

NO CONVENTION

16 . DENMARK _ NORWAY

NONE

17 . DENMARK _ UNITED KINGDOM

NONE

18 . GERMANY _ FRANCE

( A ) ARTICLE 16 ( 2 ) AND ARTICLE 19 OF THE GENERAL CONVENTION OF 10 JULY 1950 ;

( B ) COMPLEMENTARY AGREEMENT NO 4 OF 10 JULY 1950 TO THE GENERAL CONVENTION OF THE SAME DATE , AS IN THE ADDED SECTION NO 2 OF 18 JUNE 1955 ;

( C ) TITLES I AND III OF ADDED SECTION NO 2 OF 18 JUNE 1955 ;

( D ) POINTS 6 , 7 AND 8 OF THE GENERAL PROTOCOL OF 10 JULY 1950 TO THE GENERAL CONVENTION OF THE SAME DATE ;

( E ) TITLES II , III AND IV OF THE AGREEMENT OF 20 DECEMBER 1963 ( SOCIAL SECURITY IN THE SAAR ) .

19 . GERMANY _ IRELAND

NO CONVENTION

20 . GERMANY _ ITALY

( A ) ARTICLE 3 ( 2 ) AND ARTICLE 26 OF THE CONVENTION OF 5 MAY 1953 ( SOCIAL INSURANCE ) ;

( B ) THE COMPLEMENTARY AGREEMENT OF 12 MAY 1953 TO THE CONVENTION OF 5 MAY 1953 ( PAYMENT OF PENSIONS FOR THE PERIOD PRECEDING THE ENTRY INTO FORCE OF THE CONVENTION ) .

21 . GERMANY _ LUXEMBOURG

ARTICLES 4 , 5 , 6 AND 7 OF THE TREATY OF 11 JULY 1959 ( SETTLEMENT OF THE DISPUTE BETWEEN GERMANY AND LUXEMBOURG ) .

22 . GERMANY _ NETHERLANDS

( A ) ARTICLE 3 ( 2 ) OF THE CONVENTION OF 29 MARCH 1951 .

( B ) ARTICLES 2 AND 3 OF COMPLEMENTARY AGREEMENT NO 4 OF 21 DECEMBER 1956 TO THE CONVENTION OF 29 MARCH 1951 ( ARRANGEMENTS CONCERNING RIGHTS ACQUIRED UNDER THE GERMAN SOCIAL INSURANCE SCHEME BY DUTCH WORKERS BETWEEN 13 MAY 1940 AND 1 SEPTEMBER 1945 ) .

23 . GERMANY _ NORWAY

NONE

24 . GERMANY _ UNITED KINGDOM

( A ) ARTICLE 3 ( 6 ) AND ARTICLE 7 ( 2 ) TO ( 6 ) OF THE CONVENTION ON SOCIAL SECURITY OF 20 APRIL 1960 ;

( B ) ARTICLE 2 ( 5 ) AND ARTICLE 5 ( 2 ) TO ( 6 ) OF THE CONVENTION ON UNEMPLOYMENT INSURANCE OF 20 APRIL 1960 .

25 . FRANCE _ IRELAND

NO CONVENTION

26 . FRANCE _ ITALY

( A ) ARTICLES 20 AND 24 OF THE GENERAL CONVENTION OF 31 MARCH 1948

( B ) EXCHANGE OF LETTERS OF 3 MARCH 1956 ( SICKNESS BENEFITS FOR SEASONAL WORKERS EMPLOYED IN AGRICULTURE ) .

27 . FRANCE _ LUXEMBOURG

NONE

28 . FRANCE _ NETHERLANDS

NONE

29 . FRANCE _ NORWAY

NONE

30 . FRANCE _ UNITED KINGDOM

THE EXCHANGE OF NOTES DATED 27 AND 30 JULY 1970 CONCERNING THE POSITION WITH REGARD TO SOCIAL SECURITY OF UNITED KINGDOM TEACHERS TEMPORARILY PURSUING THEIR PROFESSION IN FRANCE BY VIRTUE OF THE CULTURAL CONVENTION OF 2 MARCH 1948 .

31 . IRELAND _ ITALY

NO CONVENTION

32 . IRELAND _ LUXEMBOURG

NO CONVENTION

33 . IRELAND _ NETHERLANDS

NO CONVENTION

34 . IRELAND _ NORWAY

NO CONVENTION

35 . IRELAND _ UNITED KINGDOM

NONE

36 . ITALY _ LUXEMBOURG

NONE

37 . ITALY _ NETHERLANDS

NONE

38 . ITALY _ NORWAY

NONE

39 . ITALY _ UNITED KINGDOM

NONE

40 . LUXEMBOURG _ NETHERLANDS

NONE

41 . LUXEMBOURG _ NORWAY

NO CONVENTION

42 . LUXEMBOURG _ UNITED KINGDOM

NONE

43 . NETHERLANDS _ NORWAY

NO CONVENTION

44 . NETHERLANDS _ UNITED KINGDOM

NONE

45 . NORWAY _ UNITED KINGDOM

NONE . "

ANNEX III IS REPLACED BY :

" ANNEX III

( ARTICLE 37 ( 2 ) OF THE REGULATION )

LEGISLATIONS REFERRED TO IN ARTICLE 37 ( 1 ) OF THE REGULATION UNDER THE TERMS OF WHICH THE AMOUNT OF INVALIDITY BENEFITS DOES NOT DEPEND ON THE LENGTH OF PERIODS OF INSURANCE OR OF RESIDENCE

A . BELGIUM

THE LEGISLATION RELATING TO THE GENERAL INVALIDITY SCHEME , TO THE SPECIAL INVALIDITY SCHEME FOR MINERS AND TO THE SPECIAL SCHEME FOR SAILORS IN THE MERCHANT NAVY .

B . DENMARK

DISABLEMENT PENSIONS LAW ( PROMULGATED ON 15 APRIL 1970 ) .

C . GERMANY

NONE

D . FRANCE

ALL THE LEGISLATION ON INVALIDITY INSURANCE , EXCEPT FOR THE LEGISLATION CONCERNING THE INVALIDITY INSURANCE OF THE MINERS' SOCIAL SECURITY SCHEME .

E . IRELAND

SECTION 6 OF THE SOCIAL WELFARE ACT OF 29 JULY 1970 .

F . ITALY

NONE

G . LUXEMBOURG

NONE

H . NETHERLANDS

THE LAW OF 18 FEBRUARY 1966 ON INSURANCE AGAINST INCAPACITY FOR WORK .

I . NORWAY

NOT APPLICABLE

J . UNITED KINGDOM

LAW OF 14 JULY 1971 ON INVALIDITY BENEFITS . "

ANNEX V IS AMENDED AS FOLLOWS :

" A . BELGIUM

... ( UNCHANGED )

B . DENMARK

1 . ANY PERSON WHO , FROM THE FACT OF PURSUING AN ACTIVITY AS AN EMPLOYED PERSON , IS SUBJECT TO LEGISLATION ON ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES SHALL BE CONSIDERED A WORKER WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF THE REGULATION .

2 . THE CONDITION OF HAVING BEEN PREVIOUSLY COMPULSORILY INSURED AGAINST THE SAME CONTINGENCY WITHIN A SYSTEM ORGANIZED FOR THE BENEFIT OF EMPLOYED PERSONS OF THE SAME MEMBER STATE , AS PROVIDED FOR IN ARTICLE 1 ( A ) ( III ) OF THE REGULATION , SHALL NOT APPLY TO PERSONS WHO ARE REGISTERED WITH AN APPROVED UNEMPLOYMENT INSURANCE FUND .

3 . COMPLETED PERIODS OF INSURANCE OR EMPLOYMENT IN A MEMBER STATE OTHER THAN DENMARK SHALL BE TAKEN INTO ACCOUNT FOR ADMISSION TO MEMBERSHIP OF AN APPROVED UNEMPLOYMENT INSURANCE FUND IN THE SAME WAY AS IF THEY WERE PERIODS OF EMPLOYMENT COMPLETED IN DENMARK .

4 . WORKERS , APPLICANTS FOR PENSIONS AND PENSIONERS , TOGETHER WITH MEMBERS OF THEIR FAMILIES , WHO APPLY FOR BENEFITS IN KIND IN APPLICATION OF ARTICLES 19 AND 22 , ARTICLE 25 ( 1 ) AND ( 3 ) , ARTICLES 26 , 28 , 29 AND 31 OF THE REGULATION , SHALL BE ENTITLED TO SUCH BENEFITS ON THE SAME TERMS AS THOSE LAID DOWN BY DANISH LEGISLATION FOR MEMBERS OF CATEGORY A , WHERE THE COST OF THE SAID BENEFITS IS PAYABLE BY THE INSTITUTION OF A MEMBER STATE OTHER THAN DENMARK .

5 . FOR THE PURPOSES OF TITLE III , CHAPTER 1 OF THE REGULATION , MEMBERS OF THE FAMILY OTHER THAN CHILDREN UNDER 16 YEARS OF AGE :

( A ) OF A WORKER SUBJECT TO DANISH LEGISLATION ; OR

( B ) OF A PERSON ENTITLED TO A PENSION PAYABLE UNDER DANISH LEGISLATION AND PERMANENTLY RESIDENT IN DENMARK ,

WHO ARE DEPENDENT MAINLY ON THE SAID WORKER OR PENSIONER AND WHO ARE PERMANENTLY RESIDENT IN A MEMBER STATE OTHER THAN DENMARK SHALL AUTOMATICALLY BECOME MEMBERS OF THE SICKNESS FUND WITH WHICH THE SAID WORKER OR PENSIONER IS REGISTERED , ON THE SAME TERMS ( MEMBER OR CONTRIBUTING MEMBER , CATEGORY A OR B ) AS THE LATTER .

C . GERMANY

... ( UNCHANGED )

D . FRANCE

... ( UNCHANGED )

E . IRELAND

1 . ANY PERSON WHO IS COMPULSORILY OR VOLUNTARILY INSURED PURSUANT TO THE PROVISIONS OF SECTION 4 OF THE SOCIAL WELFARE ACT 1952 SHALL BE CONSIDERED A WORKER WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF THE REGULATION .

2 . THE CONDITION OF HAVING BEEN PREVIOUSLY COMPULSORILY INSURED AGAINST THE SAME CONTINGENCY WITHIN THE FRAMEWORK OF A SYSTEM ORGANIZED FOR THE BENEFIT OF EMPLOYED WORKERS OF THE SAME MEMBER STATE , AS PROVIDED FOR IN ARTICLE 1 ( A ) ( III ) OF THE REGULATION , SHALL NOT APPLY TO PERSONS WHO ARE OPTIONALLY REGISTERED UNDER INSURANCE SYSTEMS FOR RETIREMENT , OLD AGE AND WIDOWS' PENSIONS OR UNDER THE SYSTEM OF DEATH BENEFITS .

3 . WORKERS , APPLICANTS FOR PENSIONS AND PENSIONERS , TOGETHER WITH MEMBERS OF THEIR FAMILIES , WHO APPLY FOR MEDICAL TREATMENT IN APPLICATION OF ARTICLES 19 AND 22 , ARTICLE 25 ( 1 ) AND ( 3 ) , ARTICLES 26 , 28 , 29 AND 31 OF THE REGULATION , SHALL BE ENTITLED , FREE OF CHARGE , TO ANY SUCH FORM OF MEDICAL TREATMENT AS IS PROVIDED FOR BY IRISH LEGISLATION , WHERE THE COST OF THIS TREATMENT IS PAYABLE BY THE INSTITUTION OF A MEMBER STATE OTHER THAN IRELAND .

4 . IF A WORKER SUBJECT TO IRISH LEGISLATION HAS LEFT THE TERRITORY OF A MEMBER STATE TO PROCEED , IN THE COURSE OF HIS EMPLOYMENT , TO THE TERRITORY OF ANOTHER MEMBER STATE AND SUSTAINS AN ACCIDENT BEFORE ARRIVING THERE , HIS ENTITLEMENT TO BENEFIT IN RESPECT OF THE SAID ACCIDENT SHALL BE ESTABLISHED :

( A ) AS IF THIS ACCIDENT HAD OCCURRED ON THE TERRITORY OF IRELAND ; AND

( B ) WITHOUT TAKING INTO CONSIDERATION HIS ABSENCE FROM THE TERRITORY OF IRELAND , WHEN DETERMINING WHETHER , BY VIRTUE OF HIS EMPLOYMENT , HE WAS INSURED UNDER THE SAID LEGISLATION .

F . ITALY

... ( UNCHANGED )

G . LUXEMBOURG

... ( UNCHANGED )

H . NETHERLANDS

... ( UNCHANGED )

I . NORWAY

1 . ANY PERSON WHOSE INCOME FOR THE PURPOSES OF DETERMINING PENSION ENTITLEMENT FALLS WITHIN THE CATEGORY OF INCOMES LISTED IN CHAPTER 6 , SECTION 4 , PARAGRAPH 1 OF LAW NO 12 OF 17 JUNE 1966 ON NATIONAL INSURANCE SHALL BE CONSIDERED A WORKER WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF THE REGULATION .

2 . THE TRANSITIONAL PROVISIONS FOR THE CALCULATION OF THE SUPPLEMENTARY PENSIONS PROVIDED FOR IN CHAPTER 7 , SECTION 5 OF LAW NO 12 OF 17 JUNE 1966 ON NATIONAL INSURANCE SHALL BE APPLICABLE TO BENEFICIARIES UNDER THE REGULATION PERMANENTLY RESIDENT ON THE TERRITORY OF A MEMBER STATE OTHER THAN NORWAY , PROVIDED THAT THE WORKER HAS BEEN RESIDENT ON NORWEGIAN TERRITORY :

( A ) FOR AT LEAST FIVE YEARS AFTER HIS SIXTEENTH BIRTHDAY AND BEFORE 1 JANUARY 1967 ; AND

( B ) FOR AT LEAST TEN YEARS AFTER HIS SIXTEENTH AND BEFORE HIS SEVENTIETH BIRTHDAY , OR BEFORE HIS DEATH , IF HE DIES BEFORE HIS SEVENTIETH BIRTHDAY .

3 . ( A ) THE ALLOWANCES FOR UNMARRIED MOTHERS PROVIDED FOR IN CHAPTER 12 , SECTION 2 AND SECTION 3 , SECOND PARAGRAPH OF LAW NO 12 OF 17 JUNE 1966 ON NATIONAL INSURANCE SHALL BE PAID WITHIN THE TERRITORY OF ANOTHER MEMBER STATE WITHIN THE TERMS LAID DOWN BY THAT LAW , PROVIDED THAT THE PERSON CONCERNED WAS PERMANENTLY RESIDENT ON NORWEGIAN TERRITORY ON THE FIRST DAY OF THE TENTH MONTH BEFORE THE EXPECTED DATE OF CONFINEMENT .

( B ) THE ALLOWANCES FOR UNMARRIED MOTHERS PROVIDED FOR IN CHAPTER 12 , SECTION 3 , FIRST PARAGRAPH OF LAW NO 12 OF 17 JUNE 1966 ON NATIONAL INSURANCE SHALL BE GRANTED ONLY IF THE PERSON CONCERNED IS PERMANENTLY RESIDENT IN NORWAY .

J . UNITED KINGDOM

1 . ALL PERSONS REQUIRED TO PAY CONTRIBUTIONS AS EMPLOYED WORKERS SHALL BE REGARDED AS WORKERS FOR THE PURPOSES OF ARTICLE 1 ( A ) ( II ) OF THE REGULATION .

2 . WHEN A PERSON WHO IS NORMALLY RESIDENT IN THE UNITED KINGDOM , OR WHO HAS BEEN REQUIRED , SINCE HE LAST ARRIVED IN THE UNITED KINGDOM , TO PAY CONTRIBUTIONS UNDER UNITED KINGDOM LAW AS AN EMPLOYED PERSON , APPLIES , AS A RESULT OF INCAPACITY TO WORK , PREGNANCY OR UNEMPLOYMENT , FOR EXEMPTION FROM THE PAYMENT OF CONTRIBUTIONS OVER A CERTAIN PERIOD , AND ASKS FOR CONTRIBUTIONS FOR THAT PERIOD TO BE CREDITED TO HIM , ANY PERIOD DURING WHICH THAT PERSON HAS BEEN WORKING IN THE TERRITORY OF ANOTHER MEMBER STATE SHALL , FOR THE PURPOSES OF HIS APPLICATION , BE REGARDED AS A PERIOD DURING WHICH HE HAS BEEN EMPLOYED IN THE UNITED KINGDOM AND FOR WHICH HE HAS PAID CONTRIBUTIONS AS AN EMPLOYED WORKER IN ACCORDANCE WITH UNITED KINGDOM LEGISLATION .

3 . FOR THE PURPOSES OF TITLE III , CHAPTER 3 OF THE REGULATION , WHERE , IN ACCORDANCE WITH UNITED KINGDOM LEGISLATION , A WOMAN APPLIES FOR AN OLD-AGE PENSION

( A ) ON THE BASIS OF HER HUSBAND'S INSURANCE ; OR

( B ) ON THE BASIS OF HER PERSONAL INSURANCE , AND WHERE , BECAUSE THE MARRIAGE HAS ENDED AS A RESULT OF THE DEATH OF THE HUSBAND , OR FOR OTHER REASONS , THE CONTRIBUTIONS PAID BY THE LATTER ARE TAKEN INTO ACCOUNT FOR THE DETERMINATION OF PENSION RIGHTS ,

ANY REFERENCE TO A PERIOD OF INSURANCE COMPLETED BY HER SHALL BE CONSIDERED , FOR THE PURPOSES OF ESTABLISHING THE ANNUAL AVERAGE OF THE CONTRIBUTIONS PAID BY HER HUSBAND OR CREDITED TO HIM , TO INCLUDE REFERENCE TO A PERIOD OF INSURANCE COMPLETED BY THE HUSBAND .

4 . WHERE UNITED KINGDOM LAW MAKES PERMANENT RESIDENCE A CONDITION OF THE RIGHT TO UNEMPLOYMENT BENEFIT , AN INSURED PERSON SHALL BE DEEMED TO HAVE BEEN PERMANENTLY RESIDENT IN THE UNITED KINGDOM IN ANY PERIOD PRIOR TO THE DATE OF HIS APPLICATION FOR BENEFIT DURING WHICH HE WAS RESIDENT , INSURED OR EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE .

5 . IF , IN ACCORDANCE WITH THE PROVISIONS OF TITLE II OF THE REGULATION , UNITED KINGDOM LAW IS APPLICABLE TO A WORKER , HE SHALL BE TREATED , FOR THE PURPOSES OF ENTITLEMENT TO FAMILY ALLOWANCES :

( A ) AS IF HIS PLACE OF BIRTH , OR THE PLACE OF BIRTH OF HIS CHILDREN OR DEPENDANTS , WERE IN THE UNITED KINGDOM , IF THAT PLACE IS WITHIN THE TERRITORY OF ANOTHER MEMBER STATE ; AND

( B ) AS IF HE HAD BEEN PRESENT IN THE UNITED KINGDOM PRIOR TO HIS APPLICATION FOR ALLOWANCES DURING ANY PERIOD WHEN HE WAS INSURED OR EMPLOYED WITHIN THE TERRITORY OR UNDER THE LEGISLATION OF ANOTHER MEMBER STATE .

6 . ANY WORKER SUBJECT TO UNITED KINGDOM LEGISLATION IN ACCORDANCE WITH THE PROVISIONS OF TITLE II OF THE REGULATION SHALL BE TREATED , FOR THE PURPOSES OF ENTITLEMENT TO THE ATTENDANCE ALLOWANCE :

( A ) AS IF HIS PLACE OF BIRTH WERE WITHIN THE TERRITORY OF THE UNITED KINGDOM , IF HIS PLACE OF BIRTH IS WITHIN THE TERRITORY OF ANOTHER MEMBER STATE ; AND

( B ) AS IF HE HAD BEEN NORMALLY RESIDENT IN THE UNITED KINGDOM AND HAD BEEN THERE DURING ANY PERIOD OF INSURANCE OR EMPLOYMENT THAT HE MAY HAVE COMPLETED WITHIN THE TERRITORY OR UNDER THE LEGISLATION OF ANOTHER MEMBER STATE .

7 . IN THE EVENT OF A WORKER SUBJECT TO UNITED KINGDOM LEGISLATION BEING THE VICTIM OF AN ACCIDENT AFTER LEAVING THE TERRITORY OF ONE MEMBER STATE WHILE TRAVELING , IN THE COURSE OF HIS EMPLOYMENT , TO THE TERRITORY OF ANOTHER MEMBER STATE , BUT BEFORE ARRIVING THERE , HIS ENTITLEMENT TO BENEFITS IN RESPECT OF THAT ACCIDENT SHALL BE ESTABLISHED :

( A ) AS IF THE ACCIDENT HAD OCCURRED WITHIN THE TERRITORY OF THE UNITED KINGDOM ; AND

( B ) DISREGARDING HIS ABSENCE FROM THE TERRITORY OF THE UNITED KINGDOM FOR THE PURPOSES OF DETERMINING WHETHER , BY VIRTUE OF HIS EMPLOYMENT , HE WAS INSURED UNDER THE SAID LEGISLATION .

8 . THE REGULATION DOES NOT APPLY TO THOSE PROVISIONS OF UNITED KINGDOM LEGISLATION WHICH ARE INTENDED TO BRING INTO FORCE ANY SOCIAL SECURITY AGREEMENT CONCLUDED BETWEEN THE UNITED KINGDOM AND A THIRD STATE .

9 . WHEREVER REQUIRED BY UNITED KINGDOM LEGISLATION FOR THE PURPOSES OF DETERMINING ENTITLEMENT TO BENEFITS , NATIONALS OF ANY MEMBER STATE BORN IN A THIRD STATE ARE TO BE CONSIDERED NATIONALS OF THE UNITED KINGDOM BORN IN A THIRD STATE . "

2 . COUNCIL REGULATION ( EEC ) NO 2396/71 OF 8 NOVEMBER 1971

OJ NO L 249/54 , 10 NOVEMBER 1971

ARTICLE 4 IS REPLACED BY THE FOLLOWING :

" FOR THE PURPOSES OF ARTICLE 8 ( 2 ) OF THE COUNCIL DECISION OF 1 FEBRUARY 1971 , EACH MEMBER STATE SHALL TRANSMIT TO THE COMMISSION A LIST , TO BE PUBLISHED BY THE COMMISSION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , OF THE PUBLIC AUTHORITIES EMPOWERED BY IT TO PROVIDE FINANCIAL ASSISTANCE FOR MEASURES UNDERTAKEN BY BODIES OR OTHER ENTITIES GOVERNED BY PRIVATE LAW ( OR , IN MEMBER STATES WHERE THIS CONCEPT IS UNKNOWN , BY EQUIVALENT ENTITIES ) AND TO GUARANTEE THAT SUCH OPERATIONS ARE SUCCESSFULLY CONCLUDED . "

3 . COUNCIL DECISION OF 25 AUGUST 1960

OJ NO 56/1201 , 31 AUGUST 1960

AS AMENDED BY :

_ COUNCIL DECISION NO 68/188/EEC OF 9 APRIL 1968

OJ NO L 91/25 , 12 APRIL 1968

IN ARTICLE 2 , THE WORD " THIRTY-SIX " IS REPLACED BY THE WORD " SIXTY " AND THE WORD " SIX " BY THE WORD " TEN " .

4 . COUNCIL DECISION NO 63/688/EEC OF 18 DECEMBER 1963

OJ NO 190/3090 , 30 DECEMBER 1963

AS AMENDED BY :

_ COUNCIL DECISION NO 68/189/EEC OF 9 APRIL 1968

OJ NO L 91/26 , 12 APRIL 1968

IN ARTICLE 1 , THE NUMBER " 36 " IS REPLACED BY THE NUMBER " 60 " .

5 . DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING IN THE SPECIAL COUNCIL OF MINISTERS ON 9 JULY 1957

OJ NO 28/487 , 31 AUGUST 1957

AS AMENDED BY :

_ DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING IN THE SPECIAL COUNCIL OF MINISTERS ON 11 MARCH 1965

OJ NO 46/698 , 22 MARCH 1965

IN ARTICLE 3 OF THE ANNEX , THE FIGURE " 24 " IS REPLACED BY THE FIGURE " 40 "

ARTICLE 5 OF THE ANNEX ( AND ITS TITLE ) ARE DELETED

IN ARTICLE 9 OF THE ANNEX , THE WORD " THREE " IS REPLACED BY THE WORD " FIVE " .

IN ARTICLE 13 ( 3 ) OF THE ANNEX , THE WORD " FOUR " IS REPLACED BY THE WORD " SEVEN " .

IN ARTICLE 15 ( 1 ) OF THE ANNEX , THE WORDS " AND TO OBSERVERS OF THE UNITED KINGDOM " ARE DELETED .

IN ARTICLE 18 ( 1 ) OF THE ANNEX , THE WORD " SIXTEEN " IS REPLACED BY THE WORD " TWENTY-SIX " .

IN ARTICLE 18 ( 2 ) OF THE ANNEX , THE WORD " THIRTEEN " IS REPLACED BY THE WORD " TWENTY-ONE " .

6 . COUNCIL DIRECTIVE NO 68/360/EEC OF 15 OCTOBER 1968

OJ NO L 257/13 , 19 OCTOBER 1968

THE NOTE TO THE ANNEX IS REPLACED BY THE FOLLOWING :

" ( 1 ) BELGIAN , DANISH , GERMAN , FRENCH , IRISH , ITALIAN , LUXEMBOURG , DUTCH , NORWEGIAN , UNITED KINGDOM , DEPENDING ON WHICH COUNTRY ISSUES THE CARD " .