31988Y0309(01)

Decision no 134

of 1 July 1987

concerning the interpretation of Article 45 (2) of Regulation (EEC) No 1408/71 relating to aggregation of insurance periods completed in an occupation subject to a special scheme in one or more Member States

(1988/C 64/01)

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 or matters of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,

Whereas Decision No 80 published in the Official Journal of the European Communities No C 75 of 19 September 1973 must be supplemented as from 1 January 1986 following the accession of Spain to the EEC;

Whereas it is essential to know whether the schemes for mineworkers in various Member States are corresponding schemes within the meaning of Article 45 (2) of Regulation (EEC) No 1408/71, in order to determine whether the insurance periods completed by virtue of those schemes must be aggregated without verifying the nature of the occupation in which the said periods were completed;

Whereas Article 45 (2) of Regulation (EEC) No 1408/71 stipulates that where the legislation of a Member State makes the award of certain benefits conditional upon the completion of the insurance periods in an occupation subject to a special scheme, the only insurance periods to be aggregated for eligibility for such benefits shall be periods completed under corresponding schemes of other Member States and periods completed in the same occupation under other schemes of the said Member States;

Whereas the corresponding schemes referred to in Article 45(2) of Regulation (EEC) No 1408/71 are special schemes in Member States for workers in a similar occupation;

Whereas the special schemes for mineworkers in Germany, Belgium, Spain, France, Italy, Luxembourg and the Netherlands meet these criteria;

Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,

HAS DECIDED AS FOLLOWS:

1. The special schemes for mineworkers in Germany, Belgium, Spain, France, Italy, Luxembourg and the Netherlands are corresponding schemes within the meaning of Article 45 (2) of Regulation (EEC) No 1408/71.

2. Consequently insurance periods completed by virtue of the said special schemes for mineworkers must be taken into consideration for the purpose of their aggregation in accordance with Article 45 (2) first sentence of Regulation (EEC) No 1408/71, as determined by those schemes, irrespective of their actual area of application and without verification of the nature of the occupation in which the said periods were completed.

3. This Decision, which replaces Decision No 80 of 22 February 1973, shall be published in the Official Journal of the European Communities. It shall apply from 1 January 1986.

The Chairman of the Administrative Commission

A. Trier

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