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Document 52008AP0349
Coordination of social security systems ***I European Parliament legislative resolution of 9 July 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of Annex XI (COM(2006)0007 — C6-0029/2006 — 2006/0008(COD))#P6_TC1-COD(2006)0008 Position of the European Parliament adopted at first reading on 9 July 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its annexes#ANNEX
Coordination of social security systems ***I European Parliament legislative resolution of 9 July 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of Annex XI (COM(2006)0007 — C6-0029/2006 — 2006/0008(COD))
P6_TC1-COD(2006)0008 Position of the European Parliament adopted at first reading on 9 July 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its annexes
ANNEX
Coordination of social security systems ***I European Parliament legislative resolution of 9 July 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of Annex XI (COM(2006)0007 — C6-0029/2006 — 2006/0008(COD))
P6_TC1-COD(2006)0008 Position of the European Parliament adopted at first reading on 9 July 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its annexes
ANNEX
OJ C 294E, 3.12.2009, p. 226–258
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
3.12.2009 |
EN |
Official Journal of the European Union |
CE 294/226 |
Wednesday 9 July 2008
Coordination of social security systems ***I
P6_TA(2008)0349
European Parliament legislative resolution of 9 July 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of Annex XI (COM(2006)0007 — C6-0029/2006 — 2006/0008(COD))
2009/C 294 E/50
(Codecision procedure: first reading)
The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0007),
having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0376),
having regard to Article 251(2) and Articles 42 and 308 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0029/2006),
having regard to Rules 42 and 51 of its Rules of Procedure,
having regard to the report of the Committee on Employment and Social Affairs (A6-0229/2008),
1. |
Approves the Commission proposal COM(2006)0007 as amended; |
2. |
Considers procedure 2007/0129(COD) to have lapsed as a result of the incorporation into procedure 2006/0008(COD) of the contents of the Commission proposal COM(2007)0376; |
3. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposals substantially or replace them with other texts; |
4. |
Instructs its President to forward its position to the Council and the Commission. |
Wednesday 9 July 2008
P6_TC1-COD(2006)0008
Position of the European Parliament adopted at first reading on 9 July 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its annexes
(Text with relevance for the EEA and for Switzerland)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 308 thereof,
Having regard to the proposal from the Commission ║,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (4) provides for the content of Annexes II, X and XI to that Regulation to be determined before the date of its application. |
(2) |
Annexes I, III, IV, VI, VII, VIII and IX to Regulation (EC) No 883/2004 should be adapted to take into account both the requirements of the Member States that have acceded to the European Union since that Regulation was adopted and recent developments in other Member States. |
(3) |
Article 56(1) and Article 83 of Regulation (EC) No 883/2004 ▐ provide for special provisions concerning the application of the legislation of the Member States to be set out in Annex XI to that Regulation. Annex XI is intended to take into account the particularities of the various social security systems of Member States in order to facilitate the application of the rules on coordination. |
(4) |
A number of Member States have requested for entries concerning the application of their social security legislation to be included in Annex XI and have provided the Commission with legal and practical explanations of their legislation and systems. |
(5) |
In accordance with the need for rationalisation and simplification of the new Regulation, a common approach is needed in order to ensure that entries in respect of different Member States which are of a similar nature or pursue the same objective are, in principle, dealt with in a similar manner. |
(6) |
As the aim of Regulation (EC) No 883/2004 is to coordinate social security legislation, for which Member States are exclusively responsible, entries that are not compatible with its purpose or objectives ║, and entries seeking only to clarify the interpretation of national legislation, should not be included in that Regulation. |
(7) |
Some of the Member States’ requests have raised issues that are common to several Member States. It is ║ appropriate to deal with those issues at a more general level, either by clarification in the body of Regulation (EC) No 883/2004 or in another of its annexes, which should ║ be amended accordingly, or through ║ provisions in the implementing regulation referred to in Article 89 of that Regulation, rather than by inserting similar entries in Annex XI for several Member States. |
(8) |
It is also appropriate to deal with certain specific issues in annexes other than Annex XI, in accordance with their purpose and content ║ in order to ensure that the annexes to ║ Regulation (EC) No 883/2004 are coherent internally and between each other. |
(9) |
In order to facilitate the use of ║ Regulation (EC) No 883/2004 by citizens ║ asking for information or making claims to the institutions of the Member States, references to the legislation of the Member States concerned should also be made ║ in the original language wherever necessary in order to avoid any possible misunderstanding. |
(10) |
Regulation (EC) No 883/2004 should therefore be amended accordingly. |
(11) |
Regulation (EC) No 883/2004 provides that it is to apply from the date of entry into force of the implementing regulation. This Regulation should therefore apply from the same date. |
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 883/2004 is hereby amended as follows:
1. |
The following recital is inserted after Recital 5:
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2 . |
The following recital is inserted after Recital 8:
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3. |
The following recital is inserted after Recital 17:
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4. |
The following recital is inserted after Recital 18:
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5. |
In Article 1, the following point is inserted after point (v) :
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6. |
Article 3(5) is replaced by the following: ‘ 5. This Regulation shall not apply to :
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7. |
║ Article 14(4) is replaced by the following: ‘4. Where the legislation of a Member State makes admission to voluntary insurance or optional continued insurance conditional upon residence in that Member State or upon previous activity as an employed or self-employed person, Article 5(b) shall apply only to persons who have been subject, at some earlier stage, to the legislation of that Member State on the basis of an activity as an employed or self-employed person. 5. Where the legislation of a Member State makes admission to a voluntary insurance or optional continued insurance scheme conditional upon a person having completed insurance periods, such admission shall ║ be granted only to persons who have previously completed insurance periods in that Member State under the same scheme.’ |
8. |
Article 18(2) is replaced by the following: ‘ 2. The members of the family of a frontier worker shall be entitled to benefits in kind during their stay in the competent Member State. For so long as Annex III remains in force, however, where the competent Member State is listed in Annex III, the members of the family of a frontier worker who reside in the same Member State as the frontier worker shall be entitled to benefits in kind in the competent Member State only under the conditions laid down in Article 19(1). ’ |
9. |
Article 28(1) is replaced by the following: ‘ 1. A frontier worker who has retired because of old age or invalidity is entitled in the event of sickness to continue to receive benefits in kind in the Member State where he or she last pursued his or her activity as an employed or self-employed person, in so far as this constitutes the continuation of treatment which began in that Member State. The words “continuation of treatment” mean the continued investigation, diagnosis and treatment of an illness for its entire duration. The first subparagraph shall apply mutatis mutandis to the members of the family of the retired frontier worker. ’ |
10. |
║ Article 51(3) is replaced by the following: ‘ 3. Where the legislation or specific scheme of a Member State makes the acquisition, retention or recovery of the right to benefits conditional upon the person concerned being insured at the time of the materialisation of the risk, this condition shall be regarded as having been satisfied if that person has been previously insured under the legislation or specific scheme of that Member State and if he or she is, at the time of the materialisation of the risk, insured under the legislation of another Member State for the same risk or, failing that, a benefit is due under the legislation of another Member State for the same risk. The latter condition shall, however, be deemed to be fulfilled in the cases referred to in Article 57. ’ |
11. |
║ Article 52(4) is replaced by the following: ‘4. Where the calculation pursuant to paragraph 1(a) in one Member State invariably results in the independent benefit being equal to or higher than the pro rata benefit, calculated in accordance with paragraph 1(b), the competent institution shall waive the pro rata calculation, on condition that:
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12. |
In Article 52, the following paragraph is added: ‘ 4a. Notwithstanding the provisions of paragraphs 1, 2 and 3, the pro rata calculation shall not apply to schemes providing benefits in respect of which periods of time are of no relevance to the calculation, subject to such schemes being listed in part 2 of Annex VIII. In such cases, the person concerned shall be entitled to the benefit calculated in accordance with the legislation of the Member State concerned. ’ |
13. |
In Article 56(1)(c), the words ‘where necessary’ are inserted before the words ‘in accordance with the procedures laid down in Annex XI ║’. |
14. |
In Article 56, the following paragraph is inserted after paragraph 1 : ‘ 1a. In the event that paragraph 1(c) is not applicable because the legislation of a Member State provides for the benefit to be calculated on the basis of elements other than periods of insurance or residence which are not linked to time, the competent institution shall take into account, in respect of each period of insurance or residence completed under the legislation of any other Member State, the amount of the capital accrued, the capital which is considered as having been accrued or any other element for the calculation under the legislation it administers divided by the corresponding units of periods in the pension scheme concerned. ’ |
15. |
In Article 57, the following paragraph is added: ‘ 3a. This Article shall not apply to schemes listed in part 2 of Annex VIII. ’ |
16. |
Article 62(3) is replaced by the following: ‘ 3. By way of derogation from paragraphs 1 and 2, as far as the unemployed persons covered by Article 65(5)(a) are concerned, the institution of the place of residence shall take into account the salary or professional income received by the person concerned in the Member State to whose legislation he or she was subject during his or her last activity as an employed or self-employed person, in accordance with the Implementing Regulation. ’ |
17. |
The following article is inserted after Article 68: ‘Article 68a Provision of benefits In the event that family benefits are not used by the person to whom they should be provided for the maintenance of the members of the family, the competent institution shall discharge its legal obligations by providing the said benefits to the natural or legal person in fact maintaining the members of the family, at the request and through the agency of the institution in their Member State of residence or of the designated institution or body appointed for that purpose by the competent authority of their Member State of residence. ’ |
18. |
In Article 87, the following paragraph is inserted after paragraph 10 : ‘ 10a. Annex III shall be repealed five years after the date of application of this Regulation. ’ |
19. |
The Annexes are amended in accordance with the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force of the implementing regulation referred to in Article 89 of Regulation (EC) No 883/2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at ║,
For the European Parliamen
The President
For the Council
The President
(1) OJ C 161, 13.7.2007, p. 61.
(2) OJ C …
(3) Position of the European Parliament of 9 July 2008.
(4) OJ L 166, 30.4.2004, p. 1. Corrected version at OJ L 200, 7.6.2004, p. 1.
(5) Joined cases C-502/01 and C-31/02, Gaumain-Cerri and Barth, ECR [2004] I-6483. ’
Wednesday 9 July 2008
ANNEX
The Annexes to Regulation (EC) No 883/2004 are amended as follows.
1. |
Annex I, Part I is amended as follows:
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2. |
Annex I, Part II is amended as follows:
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3. |
Annex II is replaced by the following: ‘ANNEX II PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY [Article 8(1)] General comments The provisions of bilateral conventions that do not fall within the scope of this Regulation or that remain in force between Member States are not listed in this Annex. Such provisions include obligations between Member States arising from conventions providing, for example, for provisions regarding the aggregation of insurance periods fulfilled in a third country. Provisions of social security conventions remaining applicable (a) BELGIUM-GERMANY Articles 3 and 4 of the final protocol of 7 December 1957 to the general convention of the same date, as set out in the complementary protocol of 10 November 1960 (reckoning of insurance periods completed in some border regions before, during and after the Second World War). (b) BELGIUM-LUXEMBOURG Convention on social security for frontier workers of 24 March 1994 (relating to the complementary flat-rate reimbursement). (c) BULGARIA-GERMANY Article 28(1)(b) of the convention on social security of 17 December 1997 (maintenance of conventions concluded between Bulgaria and the former German Democratic Republic for persons who received a pension before 1996). (d) BULGARIA-AUSTRIA Article 38(3) of the convention on social security of 14 April 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of this point is restricted to the persons to whom that convention applies . (e) BULGARIA-SLOVENIA Article 32(2) of the convention on social security of 18 December 1957 (reckoning of periods of insurance completed until 31 December 1957). (f) CZECH REPUBLIC-GERMANY Article 39(1)(b) and (c) of the agreement on social security of 27 July 2001 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who received a pension before 1996; reckoning of periods of insurance completed in one of the contracting states for persons who received a pension for these periods on 1 September 2002 from the other contracting state, while residing in the territory of that other contracting state). (g) CZECH REPUBLIC-CYPRUS Article 32(4) of the convention on social security of 19 January 1999 (determining competence for the calculation of periods of employment completed under the relevant convention of 1976); the application of this point is restricted to the persons to whom that convention applies . (h) CZECH REPUBLIC-LUXEMBOURG Article 52(8) of the convention of 17 November 2000 (reckoning of pension insurance periods for political refugees). (i) CZECH REPUBLIC-AUSTRIA Article 32(3) of the convention on social security of 20 July 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of this point is restricted to the persons to whom that convention applies . (j) CZECH REPUBLIC-SLOVAKIA Articles 12, 20 and 33 of the convention on social security of 29 October 1992 (Article 12 determines competence for a grant of survivor's benefits; Article 20 determines competence for calculation of insurance periods completed until the day of dissolution of the Czech and Slovak Federal Republic; Article 33 determines competence for payment of pensions awarded before to the day of the dissolution of the Czech and Slovak Federal Republic). (k) DENMARK-FINLAND Article 7 of the Nordic convention on social security of 18 August 2003 (coverage of extra travel expenses in case of sickness during a stay in another Nordic country, which makes expensive return travel to the country of residence necessary) . (l) DENMARK-SWEDEN Article 7 of the Nordic convention on social security of 18 August 2003 (coverage of extra travel expenses in case of sickness during a stay in another Nordic country, which makes expensive return travel to the country of residence necessary) . (m) GERMANY-SPAIN Article 45(2) of the convention on social security of 4 December 1973 (representation by diplomatic and consular authorities). (n) GERMANY-FRANCE
(o) GERMANY-LUXEMBOURG Articles 4 to 7 of the convention of 11 July 1959 (reckoning of insurance periods completed between September 1940 and June 1946). (p) GERMANY-HUNGARY Article 40(1)(b) of the convention on social security of 2 May 1998 (maintenance of the convention concluded between the former German Democratic Republic and Hungary for persons who received a pension before 1996). (q) GERMANY-NETHERLANDS Articles 2 and 3 of complementary agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945). (r) GERMANY-AUSTRIA
(s) GERMANY-POLAND
(t) GERMANY-ROMANIA Article 28(1)(b) of the convention on social security of 8 April 2005 (maintenance of the convention concluded between the former German Democratic Republic and Romania for persons who received a pension before 1996). (u) GERMANY-SLOVENIA Article 42 of the convention on social security of 24 September 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of this point is restricted to the persons to whom that convention applies . (v) GERMANY-SLOVAKIA The second and third subparagraphs of Article 29(1) of the Agreement of 12 September 2002 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who received a pension before 1996; reckoning of periods of insurance completed in one of the contracting states for persons who received a pension for those periods on 1 December 2003 from the other contracting state, while residing in the territory that other contracting state). (w) GERMANY-UNITED KINGDOM
(x) IRELAND-UNITED KINGDOM Article 19(2) of the agreement on social security of 14 December 2004 (transfer and reckoning of certain disability credits). (y) SPAIN-PORTUGAL Article 22 of the general convention of 11 June 1969 (export of unemployment benefits). This entry shall remain valid for two years from the date of application of Regulation (EC) No 883/2004. (z) ITALY-SLOVENIA
(aa) LUXEMBOURG-PORTUGAL Agreement of 10 March 1997 (on the recognition of decisions by institutions in one contracting party concerning the state of invalidity of applicants for pensions from institutions in the other contracting party). (ab) LUXEMBOURG-SLOVAKIA Article 50(5) of the convention on social security of 23 May 2002 (reckoning of pension insurance periods for political refugees). (ac) HUNGARY-AUSTRIA Article 36(3) of the convention on social security of 31 March 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of this point is restricted to the persons to whom that convention applies . (ad) HUNGARY-SLOVENIA Article 31 of the convention on social security of 7 October 1957 (reckoning of periods of insurance completed before 29 May 1956); the application of this point is restricted to the persons to whom that convention applies . (ae) HUNGARY-SLOVAKIA Article 34(1) of the convention on social security of 30 January 1959 (Article 34(1) of the convention provides that the insurance periods awarded before the day of signing the convention are the insurance periods of the contracting State on which territory the entitled person had a residence); the application of this point is restricted to the persons to whom that convention applies . (af) AUSTRIA-POLAND Article 33(3) of the convention on social security of 7 September 1998 (reckoning of periods of insurance completed before 27 November 1961); the application of this point is restricted to the persons to whom that convention applies . (ag) AUSTRIA-ROMANIA Article 37(3) of the convention on social security of 28 October 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of this point is restricted to the persons to whom that convention applies . (ah) AUSTRIA-SLOVENIA Article 37 of the convention on social security of 10 March 1997 (reckoning of periods of insurance completed before 1 January 1956); the application of this point is restricted to the persons to whom that convention applies . (ai) AUSTRIA-SLOVAKIA Article 34(3) of the convention on social security of 21 December 2001 (reckoning of periods of insurance completed before 27 November 1961); the application of this point is restricted to the persons to whom that convention applies . (aj) PORTUGAL-UNITED KINGDOM Article 2(1) of the protocol on medical treatment of 15 November 1978. (ak) FINLAND-SWEDEN Article 7 of the Nordic convention on social security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during a stay in another Nordic country, which makes more expensive return travel to the country of residence necessary. ’ |
4. |
Annex III is amended as follows:
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5. |
Annex IV is amended as follows:
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6. |
Annex VI is amended as follows:
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7 . |
Annex VII is amended as follows:
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8. |
Annex VIII is replaced by the following: ‘ANNEX VIII CASES IN WHICH THE PRO RATA CALCULATION IS WAIVED OR DOES NOT APPLY [Article 52(4) and (5)] Part 1: Cases in which the pro rata calculation is waived pursuant to Article 52(4) A. DENMARK All applications for pensions referred to in the law on social pensions with the exception of those referred to in Annex IX. B. IRELAND All applications for state pension (transition), state pension (contributory), widow's (contributory) pension and widower's (contributory) pension. C. CYPRUS All applications for old age, invalidity, widow's and widower's pensions. D. LATVIA
E. LITHUANIA All applications for state social insurance survivor's pensions calculated on the basis of the basic amount of survivor's pension (Law on State Social Insurance Pensions). F. NETHERLANDS All applications for old-age pensions under the law on general old-age insurance. G. AUSTRIA
H. POLAND All applications for disability pensions, old-age pensions under the defined benefits scheme and survivor's pensions. I. PORTUGAL All applications for invalidity, old-age and survivor's pension claims, except for where the totalised periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years, the national periods of insurance are equal or inferior to 20 years, and the calculation is made under Article 11 of Decree-Law No 35/2002, 19 February 2002 . J. SLOVAKIA
K. SWEDEN All applications for guarantee pension in the form of old-age pension (Act 1998:702) and old-age pension in the form of supplementary pension (Act 1998:674). L. UNITED KINGDOM All applications for retirement pension, widow's and bereavement benefits, with the exception of those for which:
All applications for additional pension pursuant to the Social Security Contributions and Benefits Act 1992, section 44, and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, section 44. Part 2: Cases in which Article 52(5) applies: A. FRANCE Basic or supplementary schemes in which old-age benefits are calculated on the basis of retirement points. B. LATVIA Old-age pensions (Law on state pensions of 1 January 1996 and Law on state-funded pensions of 1 July 2001). C. HUNGARY Pension benefits based on the membership of private pension funds. D. AUSTRIA
E. POLAND Old-age pensions under the defined contribution scheme. F. SLOVENIA Pension from compulsory supplementary pension insurance. G. SLOVAKIA Mandatory old-age pension saving. H. SWEDEN Income-based pension and premium pension (Act 1998:674). I. UNITED KINGDOM Graduated retirement benefits paid pursuant to the National Insurance Act 1965, sections 36 and 37, and the National Insurance Act (Northern Ireland) 1966, sections 35 and 36. J. BULGARIA Old-age pensions from the Supplementary Compulsory Pension Insurance, under Part II, Title II, of the social insurance code. K. ESTONIA Mandatory funded old-age pension scheme. ’ |
9. |
Annex IX is amended as follows:
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10. |
Annex X is replaced by the following: ‘ANNEX X SPECIAL NON-CONTRIBUTORY CASH BENEFITS [Article 70(2)(c)] A. BELGIUM
B. BULGARIA Social pension for old age (Article 89 of the Social Security Code) C. CZECH REPUBLIC Social allowance (State Social Support Act No 117/1995 Sb) D. DENMARK Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995) E. GERMANY Basic subsistence income for the elderly and for persons with reduced earning capacity under Chapter 4 of Book XII of the Social Code Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to those 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 F. ESTONIA
G. IRELAND
H. GREECE Special benefits for the elderly (Law No 1296/82) I. SPAIN
J. FRANCE
K. ITALY
L. CYPRUS
M. LATVIA
N. LITHUANIA
O. LUXEMBOURG Income for the seriously disabled (Article 1(2) of the Law of 12 September 2003), with the exception of persons recognised as being disabled workers and employed on the mainstream labour market or in a sheltered environment P. HUNGARY
Q. MALTA
R. NETHERLANDS
S. AUSTRIA Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance, Federal Act of 11 October 1978 on Social Insurance for Persons Engaged in Trade and Commerce, and Federal Act of 11 October 1978 on Social Insurance for Farmers T. POLAND Social pension (Act of 27 June 2003 on social pensions) U. PORTUGAL
V. SLOVENIA
W. SLOVAKIA
X. FINLAND
Y. SWEDEN
Z. UNITED KINGDOM
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11. |
Annex XI is replaced by the following: ‘ANNEX XI SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER STATES [Articles 51(3) and 56(1) and Article 83] A. BELGIUM None B. BULGARIA Article 33(1) of the Bulgarian Health Insurance Act shall apply to all persons for whom Bulgaria is the competent Member State under Chapter 1 of Title III of this Regulation. C. CZECH REPBULIC None D. DENMARK ▐
E. GERMANY ▐
F. ESTONIA For the purpose of calculating parental benefit, periods of employment in Member States other than Estonia shall be considered to be based on the same average amount of Social Tax as paid during the periods of employment in Estonia with which they are aggregated. If during the reference year the person has been employed only in other Member States, the calculation of the benefit shall be considered to be based on the average Social Tax paid in Estonia between the reference year and the maternity leave. G. GREECE
H. SPAIN ▐
I. FRANCE
J. IRELAND
K. ITALY None ║ L. CYPRUS For the purposes of applying the provisions of Articles 6, 51 and 61, for any period commencing on or after 6 October 1980, a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period. M. LATVIA None ║ N. LITHUANIA None ║ O. LUXEMBOURG None ║ P. HUNGARY None ║ Q. MALTA Special provisions for civil servants:
R. NETHERLANDS 1. Health care insurance
▐ 2. Application of the Algemene Ouderdomswet (AOW) (Law on general old-age insurance)
3. Application of the Algemene nabestaandenwet (ANW) (║ general law on surviving relatives) ▐
4. Application of Dutch legislation relating to incapacity for work ▐
▐ S. AUSTRIA
T. POLAND. None ║ U. PORTUGAL None ║ V. ROMANIA None W. SLOVENIA None ║ X. SLOVAKIA None ║ Y. FINLAND ▐
Z. SWEDEN
ZA. UNITED KINGDOM
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