LegalizeReform history
Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community
5 versions
· 1971-06-14
2010-05-01
the application of social security schemes to employed persons and thei
2008-07-07
the application of social security schemes to employed persons and thei
2007-01-02
the application of social security schemes to employed persons and thei
2006-04-28
the application of social security schemes to employed persons and thei
Changes on 2006-04-28
@@ -2067,7 +2067,7 @@
Does not apply.
V.SLOVAKIA
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, ‘member of the family’ means a spouse and/or a dependent child as defined by the Act on child allowances and additional child allowances.
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of title III of the Regulation, ‘member of the family’ means a spouse and/or a dependent child as defined by the Act on Child Allowance.
W.FINLAND
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, ‘member of the family’ means a spouse or a child as defined by the Sickness Insurance Act.
@@ -2129,11 +2129,8 @@
2.Welfare system and/or with the character of social assistance or a charity, managed by the institutions not subject to the General Law on Social Security or to the Law of 6 December 1941.
H.FRANCE
1.Self-employed persons outside the agricultural sphere:
(a)The supplementary old-age insurance schemes and the invalidity and death insurance schemes for self-employed persons, such as are mentioned in Articles L 658, L 659, L 663-11, L 663-12, L 682 and L 683-1 of the Social Security Code.
(b)The additional benefits referred to in Article 9 of Law No 66.509 of 12 July 1966.
2.Self-employed persons in agriculture:
The types of insurance set out in Articles 1049 and 1234.19 of the Rural Code, concerning, on the one hand, sickness, maternity and old-age, on the other, accidents at work and occupational diseases of self-employed persons in agriculture.
1.Supplementary benefit schemes for self-employed persons in craft-trade, industrial or commercial occupations or the liberal professions, supplementary old-age insurance schemes for self-employed persons in the liberal professions, supplementary insurance schemes for self-employed persons in the liberal professions covering invalidity or death, and supplementary old-age benefit schemes for contracted medical practitioners and auxiliaries, as referred to respectively in Articles L.615-20, L.644-1, L.644-2, L.645-1 and L.723-14 of the Social Security Code.
2.Supplementary sickness and maternity insurance schemes for self-employed workers in agriculture, as referred to in Article L.727-1 of the Rural Code.
I.IRELAND
Does not apply.
@@ -2203,7 +2200,8 @@
None.
E.ESTONIA
Childbirth allowance.
(a)Childbirth allowance;
(b)Adoption allowance.
F.GREECE
None.
@@ -2224,7 +2222,8 @@
None.
L.LATVIA
Childbirth grant.
(a)Childbirth grant;
(b)Adoption allowance.
M.LITHUANIA
Childbirth grant.
@@ -2246,7 +2245,7 @@
None
S.POLAND
One-time social assistance childbirth benefit (Act of 29 November 1990 on social assistance).
Childbirth supplement (Act of 28 November 2003 on family benefits).
T.PORTUGAL
None.
@@ -2362,7 +2361,7 @@
### D. **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 these 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.
### E. **ESTONIA**
@@ -2434,9 +2433,9 @@
### L. **LATVIA**
(a)State Social Security Benefit (Law on Social Assistance of 26 October 1995)
(b)Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on Social Assistance of 26 October 1995).
(a)State Social Security Benefit (Law on State Social Benefits of 1 January 2003);
(b)Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003).
### M. **LITHUANIA**
@@ -2474,7 +2473,7 @@
### S. **POLAND**
Social pension (Act of 29 November 1990 on social assistance).
Social pension (Act of 27 June 2003 on social pensions).
### T. **PORTUGAL**
@@ -2492,7 +2491,7 @@
### V. **SLOVAKIA**
Adjustment of pensions as the sole source of income (Act No 100/1988 Zb.).
Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income.
### W. **FINLAND**
@@ -2538,151 +2537,38 @@
### A. **Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation.(Article 7 (2) (c) of the Regulation)**
1.BELGIUM-CZECH REPUBLIC
No convention.
3.BELGIUM-GERMANY
1.BELGIUM-GERMANY
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 (reckoning of insurance periods completed in some border regions before, during and after the Second World War).
4.BELGIUM-ESTONIA
No convention.
10.BELGIUM-CYPRUS
No convention.
11.BELGIUM-LATVIA
No convention.
12.BELGIUM-LITHUANIA
No convention.
14.BELGIUM-HUNGARY
No convention.
15.BELGIUM-MALTA
No convention.
18.BELGIUM-POLAND
None.
20.BELGIUM-SLOVENIA
None.
21.BELGIUM-SLOVAKIA
No convention.
25.CZECH REPUBLIC-DENMARK
No convention.
26.CZECH REPUBLIC-GERMANY
No convention.
27.CZECH REPUBLIC-ESTONIA
No convention.
28.CZECH REPUBLIC-GREECE
None.
29.CZECH REPUBLIC-SPAIN
None.
30.CZECH REPUBLIC-FRANCE
None.
31.CZECH REPUBLIC-IRELAND
No convention.
32.CZECH REPUBLIC-ITALY
No convention.
33.CZECH REPUBLIC-CYPRUS
No convention.
34.CZECH REPUBLIC-LATVIA
No convention.
35.CZECH REPUBLIC-LITHUANIA
None.
36.CZECH REPUBLIC-SPAIN
None.
37.CZECH REPUBLIC-HUNGARY
None.
38.CZECH REPUBLIC-MALTA
No convention.
39.CZECH REPUBLIC-NETHERLANDS
No convention.
40.CZECH REPUBLIC-AUSTRIA
2 CZECH REPUBLIC-GERMANY
Article 39(1)(b) and (c) of the Agreement on Social Security of 27 July 2001;
point 14 of the Final Protocol to the Agreement on Social Security of 27 July 2001.
3.CZECH REPUBLIC-CYPRUS
Article 32(4) of the Agreement on Social Security of 19 January 1999.
4.CZECH REPUBLIC-SPAIN
Article 52 (8), of the Agreement of 17 November 2000.
5.CZECH REPUBLIC-AUSTRIA
Article 32 (3) of the Convention on social security of 20 July 1999.
41.CZECH REPUBLIC-POLAND
None.
42.CZECH REPUBLIC-PORTUGAL
No convention.
43.CZECH REPUBLIC-SLOVENIA
None.
44.CZECH REPUBLIC-SLOVAKIA
Article 20 of the Convention on social security of 29 October 1992.
45.CZECH REPUBLIC-FINLAND
No convention.
46.CZECH REPUBLIC-SWEDEN
No convention.
47.CZECH REPUBLIC-UNITED KINGDOM
None.
49.DENMARK-ESTONIA
No convention.
55.DENMARK-CYPRUS
No convention.
56.DENMARK-LATVIA
No convention.
57.DENMARK-LITHUANIA
No convention.
59.DENMARK-HUNGARY
No convention.
60.DENMARK-MALTA
No convention.
63.DENMARK-POLAND
No convention.
65.DENMARK-SLOVENIA
None.
66.DENMARK-SLOVAKIA
No convention.
67. DENMARK-FINLAND
6.CZECH REPUBLIC-SLOVAKIA
Articles 12, 20 and 33 of the Agreement on Social Security of 29 October 1992.
7.DENMARK-FINLAND
Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.
68.DENMARK-SWEDEN
8.DENMARK-SWEDEN
Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.
70.GERMANY-ESTONIA
No convention.
71.GERMANY-GREECE
9.GERMANY-GREECE
Articles 8(1), (2)(b) and (3), 9 to 11 and Chapters I and IV, in so far as they concern these Articles, of the Convention on unemployment insurance of 31 May 1961, together with the note in the minutes of 14 June 1980 (reckoning of insurance periods for unemployment benefits in case of transfer of residence from one State to another).
72.GERMANY-SPAIN
10.GERMANY-SPAIN
Article 45(2) of the Social Security Convention of 4 December 1973 (representation by diplomatic and consular authorities).
73.GERMANY-FRANCE
11.GERMANY-FRANCE
—————
(a)Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in Supplementary Agreement No 2 of 18 June 1955 (reckoning of periods of insurance completed between 1 July 1940 and 30 June 1950).
@@ -2690,1090 +2576,109 @@
(c)points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date (administrative arrangements).
(d)Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar).
76.GERMANY-CYPRUS
No convention.
77.GERMANY-LATVIA
No convention.
78.GERMANY-LITHUANIA
No convention.
79. GERMANY-LUXEMBOURG
12.GERMANY-LUXEMBOURG
Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (reckoning of insurance periods completed between September 1940 and June 1946).
80.GERMANY-HUNGARY
13.GERMANY-HUNGARY
(a)Articles 27 (3) and 40 (1) (b) of the Convention on social security of 2 May 1998.
(b)Point 16 of the Closing Protocol to the said Convention.
81.GERMANY-MALTA
No convention.
82. GERMANY-NETHERLANDS
14.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 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945).
83.GERMANY-AUSTRIA
15.GERMANY-AUSTRIA
Article 1(5) and Article 8 of the Convention on Unemployment Insurance of 19 July 1978 and Article 10 of the Final Protocol to this Convention (granting of unemployment allowances to frontier workers by the previous State of employment) shall continue to apply to persons who have exercised an activity as a frontier worker on or before 1 January 2005 and become unemployed before 1 January 2011.
84.GERMANY-POLAND
16.GERMANY-POLAND
(a)Convention of 9 October 1975 on old-age and work-injury provisions, under the conditions and the scope defined by Article 27 (2) to (4) of the Convention on social security of 8 December 1990.
(b)Articles 11 (3), 19 (4), 27 (5) and 28 (2) of the Convention on social security of 8 December 1990.
86.GERMANY-SLOVENIA
17.GERMANY-SLOVENIA
(a)Article 42 of the Convention on social security of 24 September 1997.
(b)Point 15 of the Final Protocol to the said Convention.
87.GERMANY-SWEDEN
No convention.
90.GERMANY-UNITED KINGDOM
18.GERMANY-SLOVAKIA
Article 29(1)(2) and 3 of the Agreement of 12 September 2002; paragraph 9 of the Final Protocol to the Agreement of 12 September 2002.
19.GERMANY-UNITED KINGDOM
(a)Article 7(5) and (6) of the Convention on social security of 20 April 1960 (legislation applicable to civilians serving the military forces).
(b)Article 5(5) and (6) of the Convention on unemployment insurance of 20 April 1960 (legislation applicable to civilians serving the military forces).
91.ESTONIA-GREECE
No convention.
92.ESTONIA-SPAIN
No convention.
93.ESTONIA-FRANCE
No convention.
94.ESTONIA-IRELAND
No convention.
95.ESTONIA-ITALY
No convention.
96.ESTONIA-CYPRUS
No convention.
97.ESTONIA-LATVIA
None.
98.ESTONIA-LITHUANIA
None.
99.ESTONIA-LUXEMBOURG
No convention.
100.ESTONIA-HUNGARY
No convention.
101.ESTONIA-MALTA
No convention.
102.ESTONIA-NETHERLANDS
No convention.
103.ESTONIA-AUSTRIA
No convention.
104.ESTONIA-POLAND
No convention.
105.ESTONIA-PORTUGAL
No convention.
106.ESTONIA-SLOVAKIA
No convention.
107.ESTONIA-SLOVAKIA
No convention.
108.ESTONIA-FINLAND
None.
109.ESTONIA-SWEDEN
None.
110.ESTONIA-UNITED KINGDOM
No convention.
115.GREECE-CYPRUS
None.
116.GREECE-LATVIA
No convention.
117.GREECE-LITHUANIA
No convention.
119.GREECE-HUNGARY
No convention.
120.GREECE-MALTA
No convention.
123.GREECE-POLAND
None.
125.GREECE-SLOVENIA
No convention.
126.GREECE-SLOVAKIA
None.
133.SPAIN-CYPRUS
No convention.
134.SPAIN-LATVIA
No convention.
135.SPAIN-LITHUANIA
No convention.
137.SPAIN-HUNGARY
No convention.
138.SPAIN-MALTA
No convention.
141.SPAIN-POLAND
None.
142. SPAIN-PORTUGAL
20.SPAIN-PORTUGAL
Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits).
143.SPAIN-SLOVENIA
No convention.
144.SPAIN-SLOVAKIA
No convention.
150.FRANCE-CYPRUS
No convention.
151.FRANCE-LATVIA
No convention.
152.FRANCE-LITHUANIA
No convention.
154.FRANCE-HUNGARY
No convention.
155.FRANCE-MALTA
No convention.
158.FRANCE-POLAND
None.
160.FRANCE-SLOVENIA
None.
161.FRANCE-SLOVAKIA
None.
166.IRELAND-CYPRUS
No convention.
167.IRELAND-LATVIA
No convention.
168.IRELAND-LITHUANIA
No convention.
170.IRELAND-HUNGARY
No convention.
171.IRELAND-MALTA
No convention.
174.IRELAND-POLAND
No convention.
176.IRELAND-SLOVENIA
No convention.
177.IRELAND-SLOVAKIA
No convention.
180.IRELAND-UNITED KINGDOM
21.IRELAND-UNITED KINGDOM
Article 8 of the Agreement of 14 September 1971 on social security (concerning the transfer and reckoning of certain disability credits).
181.ITALY-CYPRUS
No convention.
182.ITALY-LATVIA
No convention.
183.ITALY-LITHUANIA
No convention.
185.ITALY-HUNGARY
No convention.
186.ITALY-MALTA
No convention.
187. ITALY-NETHERLANDS
Article 21 (2) of the General Convention of 28 October 1952.
189.ITALY-POLAND
No convention.
191.ITALY-SLOVENIA
22.ITALY-SLOVENIA
(a)Agreement on regulation of mutual obligations in social insurance with reference to paragraph 7 of Annex XIV to the Peace Treaty (concluded by exchange of notes on 5 February 1959).
(b)Article 45(3) of the Convention on social security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste.
192.ITALY-SLOVAKIA
No convention.
196.CYPRUS-LATVIA
No convention.
197.CYPRUS-LITHUANIA
No convention.
198.CYPRUS-LUXEMBOURG
No convention.
199.CYPRUS-HUNGARY
No convention.
200.CYPRUS-MALTA
No convention.
201.CYPRUS-NETHERLANDS
No convention.
202.CYPRUS-AUSTRIA
None.
203.CYPRUS-POLAND
No convention.
204.CYPRUS-PORTUGAL
No convention.
205.CYPRUS-SLOVENIA
No convention.
206.CYPRUS-SLOVAKIA
None.
207.CYPRUS-FINLAND
No convention.
208.CYPRUS-SWEDEN
No convention.
209.CYPRUS-UNITED KINGDOM
None.
210.LATVIA-LITHUANIA
None.
211.LATVIA-LUXEMBOURG
No convention.
212.LATVIA-HUNGARY
No convention.
213.LATVIA-MALTA
No convention.
214.LATVIA-NETHERLANDS
No convention.
215.LATVIA-AUSTRIA
No convention.
216.LATVIA-POLAND
No convention.
217.LATVIA-PORTUGAL
No convention.
218.LATVIA-SLOVENIA
No convention.
219.LATVIA-SLOVAKIA
No convention.
220.LATVIA-FINLAND
None.
221.LATVIA-SWEDEN
None.
222.LATVIA-UNITED KINGDOM
No convention.
223.LITHUANIA-LUXEMBOURG
No convention.
224.LITHUANIA-HUNGARY
No convention.
225.LITHUANIAMALTA
No convention.
226.LITHUANIA-NETHERLANDS
No convention.
227.LITHUANIA-AUSTRIA
No convention.
228.LITHUANIA-POLAND
No convention.
229.LITHUANIA-PORTUGAL
No convention.
230.LITHUANIA-SLOVENIA
No convention.
231.LITHUANIA-SLOVAKIA
No convention.
232.LITHUANIA-FINLAND
None.
233.LITHUANIA-SWEDEN
None.
234.LITHUANIA-UNITED KINGDOM
No convention.
235.LUXEMBOURG-HUNGARY
No convention.
236.LUXEMBOURG-MALTA
No convention.
239.LUXEMBOURG-POLAND
None.
241.LUXEMBOURG-SLOVENIA
None.
242.LUXEMBOURG-SLOVAKIA
No convention.
246.HUNGARY-MALTA
No convention.
247.HUNGARY-NETHERLANDS
None.
248.HUNGARY-AUSTRIA
23.LUXEMBOURG-SLOVAKIA
Article 50(5) of the Treaty on Social Security of 23 May 2002.
24.HUNGARY-AUSTRIA
Articles 23 (2) and 36 (3) of the Convention on social security of 31 March 1999.
249.HUNGARY-POLAND
None.
250.HUNGARY-PORTUGAL
No convention.
251.HUNGARY-SLOVENIA
25.HUNGARY-SLOVENIA
Article 31 of the Convention on social security of 7 October 1957.
252.HUNGARY-SLOVAKIA
None.
253.HUNGARY-FINLAND
None.
254.HUNGARY-SWEDEN
None.
255.HUNGARY-UNITED KINGDOM
None.
256.MALTA-NETHERLANDS
No convention.
257.MALTA-AUSTRIA
No convention.
258.MALTA-POLAND
No convention.
259.MALTA-PORTUGAL
No convention.
260.MALTA-SLOVENIA
No convention.
261.MALTA-SLOVAKIA
No convention.
262.MALTA-FINLAND
No convention.
263.MALTA-SWEDEN
No convention.
264.MALTA-UNITED KINGDOM
None.
266.NETHERLANDS-POLAND
No convention.
267. NETHERLANDS-PORTUGAL
26.NETHERLANDS-PORTUGAL
Article 31 of the Convention of 19 July 1979 (export of unemployment benefits).
268.NETHERLANDS-SLOVENIA
None.
269.NETHERLANDS-SLOVAKIA
None.
273.AUSTRIA-POLAND
27.AUSTRIA-POLAND
Article 33(3) of the Convention on social security of 7 September 1998.
275.AUSTRIA-SLOVENIA
28.AUSTRIA-SLOVENIA
Article 37 of the Convention on social security of 10 March 1997.
276.AUSTRIA-SLOVAKIA
No convention.
280.POLAND-PORTUGAL
No convention.
281.POLAND-SLOVENIA
None.
282.POLAND-SLOVAKIA
None.
283.POLAND-FINLAND
No convention.
284.POLAND-SWEDEN
None.
285.POLAND-UNITED KINGDOM
None.
286.PORTUGAL-SLOVENIA
No convention.
287.PORTUGAL-SLOVAKIA
No convention.
290.PORTUGAL-UNITED KINGDOM
29.AUSTRIA-SLOVAKIA
Article 34(3) of the Agreement of 21 December 2001 on Social Security.
30.PORTUGAL-UNITED KINGDOM
(a)Article 2 (1) of the Protocol on medical treatment of 15 November 1978.
(b)As regards Portuguese employed persons, and for the period from 22 October 1987 to the end of the transitional period provided for in Article 220 (1) of the Act relating to the conditions of accession of Spain and Portugal: Article 26 of the Social Security Convention of 15 November 1978, as amended by the Exchange of Letters of 28 September 1987.
291.SLOVENIA-SLOVAKIA
None.
292.SLOVENIA-FINLAND
No convention.
293.SLOVENIA-SWEDEN
None.
294.SLOVENIA-UNITED KINGDOM
None.
295.SLOVAKIA-FINLAND
No convention.
296.SLOVAKIA-SWEDEN
No convention.
297.SLOVAKIA-UNITED KINGDOM
None.
298. FINLAND-SWEDEN
31.FINLAND-SWEDEN
Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.
### B. **Provisions of Conventions which do not apply to all persons to whom the Regulations applies (Article 3 (3) of the Regulation)**
1.BELGIUM-CZECH REPUBLIC
No convention.
4.BELGIUM-ESTONIA
No convention.
10.BELGIUM-CYPRUS
No convention.
11.BELGIUM-LATVIA
No convention.
12.BELGIUM-LITHUANIA
No convention.
14.BELGIUM-HUNGARY
No convention.
15.BELGIUM-MALTA
No convention.
18.BELGIUM-POLAND
None.
20.BELGIUM-SLOVENIA
None.
21.BELGIUM-SLOVAKIA
None.
25.CZECH REPUBLIC-DENMARK
No convention.
26.CZECH REPUBLIC-GERMANY
No convention.
27.CZECH REPUBLIC-ESTONIA
No convention.
28.CZECH REPUBLIC-GREECE
None.
29.CZECH REPUBLIC-SPAIN
None.
30.CZECH REPUBLIC-FRANCE
None.
31.CZECH REPUBLIC-IRELAND
No convention.
32.CZECH REPUBLIC-ITALY
No convention.
33.CZECH REPUBLIC-CYPRUS
None.
34.CZECH REPUBLIC-LATVIA
No convention.
35.CZECH REPUBLIC-LITHUANIA
None.
36.CZECH REPUBLIC-LUXEMBOURG
None.
37.CZECH REPUBLIC-HUNGARY
None.
38.CZECH REPUBLIC-MALTA
No convention.
39.CZECH REPUBLIC-NETHERLANDS
No convention.
40.CZECH REPUBLIC-AUSTRIA
1.CZECH REPUBLIC-CYPRUS
Article 32(4) of the Agreement on Social Security of 19 January 1999.
2.CZECH REPUBLIC-AUSTRIA
Article 32 (3) of the Convention on social security of 20 July 1999.
41.CZECH REPUBLIC-POLAND
None.
42.CZECH REPUBLIC-PORTUGAL
No convention.
43.CZECH REPUBLIC-SLOVENIA
None.
44.CZECH REPUBLIC-SLOVAKIA
None.
45.CZECH REPUBLIC-FINLAND
No convention.
46.CZECH REPUBLIC-SWEDEN
No convention.
47.CZECH REPUBLIC-UNITED KINGDOM
No convention.
49.DENMARK-ESTONIA
No convention.
54.DENMARK-ITALY
No convention.
55.DENMARK-CYPRUS
No convention.
56.DENMARK-LATVIA
No convention.
57.DENMARK-LITHUANIA
No convention.
59.DENMARK-HUNGARY
No convention.
60.DENMARK-MALTA
No convention.
63.DENMARK-POLAND
No convention.
65.DENMARK-SLOVENIA
None.
66.DENMARK-SLOVAKIA
No convention.
70.GERMANY-ESTONIA
No convention.
76.GERMANY-CYPRUS
No convention.
77.GERMANY-LATVIA
No convention.
78.GERMANY-LITHUANIA
No convention.
80.GERMANY-HUNGARY
3.GERMANY-HUNGARY
Point 16 of the Closing Protocol to the Convention on social security of 2 May 1998.
81.GERMANY-MALTA
No convention.
84.GERMANY-POLAND
None.
86.GERMANY-POLANDSLOVENIA
4.GERMANY-POLANDSLOVENIA
(a)Article 42 of the Convention on social security of 24 September 1997.
(b)Point 15 of the Final Protocol to the said Convention.
87.GERMANY-SLOVAKIA
No convention.
91.ESTONIA-GREECE
No convention.
92.ESTONIA-SPAIN
No convention.
93.ESTONIA-FRANCE
No convention.
94.ESTONIA-IRELAND
No convention.
95.ESTONIA-ITALY
No convention.
96.ESTONIA-CYPRUS
No convention.
97.ESTONIA-LATVIA
No convention.
98.ESTONIA-LITHUANIA
No convention.
99.ESTONIA-LUXEMBOURG
No convention.
100.ESTONIA-HUNGARY
No convention.
101.ESTONIA-MALTA
No convention.
102.ESTONIA-NETHERLANDS
No convention.
103.ESTONIA-AUSTRIA
No convention.
104.ESTONIA-POLAND
No convention.
105.ESTONIA-PORTUGAL
No convention.
106.ESTONIA-SLOVENIA
No convention.
107.ESTONIA-SLOVAKIA
No convention.
108.ESTONIA-FINLAND
None.
109.ESTONIA-SWEDEN
None.
110.ESTONIA-UNITED KINGDOM
No convention.
115.GREECE-CYPRUS
None.
116.GREECE-LATVIA
No convention.
117.GREECE-LITHUANIA
No convention.
119.GREECE-HUNGARY
No convention.
120.GREECE-MALTA
No convention.
123.GREECE-POLAND
None.
125.GREECE-SLOVENIA
No convention.
126.GREECE-SLOVAKIA
None.
133.SPAIN-NETHERLANDSCYPRUS
No convention.
134.SPAIN-LATVIA
No convention.
135.SPAIN-LITHUANIA
No convention.
137.SPAIN-HUNGARY
No convention.
138.SPAIN-MALTA
No convention.
141.SPAIN-POLAND
None.
143.SPAIN-SLOVENIA
No convention.
144.SPAIN-SLOVAKIA
No convention.
150.FRANCE-CYPRUS
No convention.
151.FRANCE-LATVIA
No convention.
152.FRANCE-LITHUANIA
No convention.
154.FRANCE-HUNGARY
No convention.
155.FRANCE-MALTA
No convention.
158.FRANCE-POLAND
None.
160.FRANCE-SLOVENIA
None.
161.FRANCE-SLOVAKIA
None.
166.IRELAND-CYPRUS
No convention.
167.IRELAND-LATVIA
No convention.
168.IRELAND-LITHUANIA
No convention.
170.IRELAND-HUNGARY
No convention.
171.IRELAND-MALTA
No convention.
174.IRELAND-POLAND
No convention.
176.IRELAND-SLOVENIA
No convention.
177.IRELAND-SLOVAKIA
No convention.
181.ITALY-CYPRUS
No convention.
182.ITALY-LATVIA
No convention.
183.ITALY-LITHUANIA
No convention.
185.ITALY-HUNGARY
No convention.
186.ITALY-MALTA
No convention.
189.ITALY-POLAND
No convention.
191.ITALY-SLOVENIA
5.ITALY-SLOVENIA
(a)Agreement on regulation of mutual obligations in social insurance with reference to paragraph 7 of Annex XIV to the Peace Treaty (concluded by exchange of notes on 5 February 1959).
(b)Article 45(3) of the Convention on social security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste.
192.ITALY-SLOVAKIA
No convention.
196.CYPRUS-LATVIA
No convention.
197.CYPRUS-LITHUANIA
No convention.
198.CYPRUS-LUXEMBOURG
No convention.
199.CYPRUS-HUNGARY
No convention.
200.CYPRUS-MALTA
No convention.
201.CYPRUS-NETHERLANDS
No convention.
202.CYPRUS-AUSTRIA
None.
203.CYPRUS-POLAND
No convention.
204.CYPRUS-PORTUGAL
No convention.
205.CYPRUS-SLOVENIA
No convention.
206.CYPRUS-SLOVAKIA
No convention.
207.CYPRUS-FINLAND
No convention.
208.CYPRUS-SWEDEN
No convention.
209.CYPRUS-UNITED KINGDOM
No convention.
210.LATVIA-LITHUANIA
None.
211.LATVIA-LUXEMBOURG
No convention.
212.LATVIA-HUNGARY
No convention.
213.LATVIA-MALTA
No convention.
214.LATVIA-NETHERLANDS
No convention.
215.LATVIA-AUSTRIA
No convention.
216.LATVIA-POLAND
No convention.
217.LATVIA-PORTUGAL
No convention.
218.LATVIA-SLOVENIA
No convention.
219.LATVIA-SLOVAKIA
No convention.
220.LATVIA-FINLAND
None.
221.LATVIA-SWEDEN
None.
222.LATVIA-UNITED KINGDOM
No convention.
223.LITHUANIA-LUXEMBOURG
No convention.
224.LITHUANIA-HUNGARY
No convention.
225.LITHUANIA-MALTA
No convention.
226.LITHUANIA-NETHERLANDS
No convention.
227.LITHUANIA-AUSTRIA
No convention.
228.LITHUANIA-POLAND
No convention.
229.LITHUANIA-PORTUGAL
No convention.
230.LITHUANIA-SLOVENIA
No convention.
231.LITHUANIA-SLOVAKIA
No convention.
232.LITHUANIA-FINLAND
None.
233.LITHUANIA-SWEDEN
None.
234.LITHUANIA-UNITED KINGDOM
No convention.
235.LUXEMBOURG-HUNGARY
No convention.
236.LUXEMBOURG-MALTA
No convention.
239.LUXEMBOURG-POLAND
None.
241.LUXEMBOURG-SLOVENIA
None.
242.LUXEMBOURG-SLOVAKIA
No convention.
246.HUNGARY-MALTA
No convention.
247.HUNGARY-NETHERLANDS
None.
248.HUNGARY-AUSTRIA
6.HUNGARY-AUSTRIA
Article 36 (3) of the Convention on social security of 31 March 1999.
249.HUNGARY-POLAND
None.
250.HUNGARY-PORTUGAL
No convention.
251.HUNGARY-SLOVENIA
7.HUNGARY-SLOVENIA
Article 31 of the Convention on social security of 7 October 1957.
252.HUNGARY-SLOVAKIA
None.
253.HUNGARY-FINLAND
None.
254.HUNGARY-SWEDEN
None.
255.HUNGARY-UNITED KINGDOM
None.
256.MALTA-NETHERLANDS
No convention.
257.MALTA-AUSTRIA
No convention.
258.MALTA-POLAND
No convention.
259.MALTA-PORTUGAL
No convention.
260.MALTA-SLOVENIA
No convention.
261.MALTA-SLOVAKIA
No convention.
262.MALTA-FINLAND
No convention.
263.MALTA-SWEDEN
No convention.
264.MALTA-UNITED KINGDOM
None.
266.NETHERLANDS-POLAND
No convention.
268.NETHERLANDS-SLOVENIA
None.
269.NETHERLANDS-SLOVAKIA
None.
273.AUSTRIA-POLAND
8.AUSTRIA-POLAND
Article 33(3) of the Convention on social security of 7 September 1998.
275.AUSTRIA-SLOVENIA
9.AUSTRIA-SLOVENIA
Article 37 of the Convention on social security of 10 March 1997.
276.AUSTRIA-SLOVAKIA
No convention.
280.POLAND-PORTUGAL
No convention.
281.POLAND-SLOVENIA
None.
282.POLAND-SLOVAKIA
None.
283.POLAND-FINLAND
No convention.
284.POLAND-SWEDEN
None.
285.POLAND-UNITED KINGDOM
None.
286.PORTUGAL-SLOVENIA
No convention.
287.PORTUGAL-SLOVAKIA
No convention.
291.SLOVENIA-SLOVAKIA
None.
292.SLOVENIA-FINLAND
No convention.
293.SLOVENIA-SWEDEN
None.
294.SLOVENIA-UNITED KINGDOM
None.
295.SLOVAKIA-FINLAND
No convention.
296.SLOVAKIA-SWEDEN
No convention.
297.SLOVAKIA-UNITED KINGDOM
None.
10.AUSTRIA-SLOVAKIA
Article 34(3) of the Agreement of 21 December 2001 on Social Security.
## ANNEX IV (B) (11) (13) (15)
@@ -3785,7 +2690,7 @@
(c)Legislation relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Rwanda-Urundi.
B.CZECH REPUBLIC
None.
Full disability pension for persons whose total disability arose before reaching eighteen years of age and who were not insured for the required period (Section 42 of the Pension Insurance Act No 155/1995 Coll.).
C.DENMARK
None.
@@ -3858,7 +2763,7 @@
National pensions to persons who are born disabled or become disabled at an early age (the National Pensions Act (547/93)).
X.SWEDEN
None.
The legislation on earnings-related benefits for long‐term incapacity for work (Chapter 8 of Law 1962: 381 on General Insurance, as amended).
Y.UNITED KINGDOM
(a) *Great Britain*
@@ -3970,7 +2875,7 @@
None.
B.CZECH REPUBLIC
Invalidity (full and partial) and survivors' (widows', widowers' and orphans') pensions.
Invalidity (full and partial) and survivors' (widows', widowers' and orphans') pensions in cases where they are not derived from the old age pension to which the deceased would be entitled at the time of his death.
C.DENMARK
All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IV part D.
@@ -3979,7 +2884,9 @@
None.
E.ESTONIA
None.
All applications for invalidity, old age and survivors' pensions for which
—periods of insurance in Estonia have been completed up to 31 December 1998;
—the applicant's individually registered social tax, paid in accordance with Estonian legislation, is at least equal to the average social tax for the relevant year of insurance.
F.GREECE
None.
@@ -4057,6 +2964,23 @@
(g)The Netherlands survivors' pension under the Law of 21 December 1995 on general insurance for surviving dependants.
(h)Finnish national pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93) and the additional amount of the child's pension in accordance with the Survivors' Pension Act of 17 January 1969.
(i)The full Swedish basic pension awarded under the basic pension legislation which applied before 1 January 1993 and the full basic pension awarded under the transitional rules to the legislation applying from that date.
2. *Benefits referred to in Article 46b(2)(b) of the Regulation, theamount of which is determined by reference to a creditedperiod deemed to have been completed between the date onwhich the risk materialised and a later date:*
(a)lDanish early-retirement pensions, the amount of which isdetermined in accordance with legislation in force before1 October 1984.
(b)German invalidity and survivors' pensions, for whichaccount is taken of a supplementary period, and Germanold-age pensions, for which account is taken of asupplementary period already acquired.
(c)Italian pensions for total incapacity for work (inabilità).
(d)Latvian invalidity and survivors' pensions for which accountis taken of a credited period of insurance.
(e)Lithuanian social insurance invalidity and survivors'pensions.
(f)Luxembourg invalidity and survivors' pensions.
(g)Slovak invalidity pension and survivors' pension derived therefrom.
(h) Finnish employment pensions for which account is taken offuture periods according to the national legislation.
(i)Swedish invalidity and survivors' pensions for whichaccount is taken of a credited period of insurance andSwedish old-age pensions for which account is taken ofcredited periods already acquired.
3. *Agreements referred to in Article 46b(2)(b)(i) of the Regulationintended to prevent the same credited period being taken intoaccount two or more times:*
(a)Nordic Convention of 15 June 1992 on social security.
(b) The Social Security Agreement of 28 April 1997 betweenthe Federal Republic of Germany and Finland.
## ANNEX V (15)
@@ -4516,12 +3440,11 @@
4. *Application of the Netherlands laws relating to incapacity for work*
(a)Any employed person or self-employed person who is no longer insured under the Law of 18 February 1966 relating to insurance against incapacity for work (WAO) and/or under the Law of 11 December 1975relating to incapacity for work (AAW) and the Law of 24 April 1997 on insurance against incapacity for work by self-employed persons shall be considered to be still insured at the time of the materialization of the risk for the purposes of the implementation of the provisions of Chapter 3 of Title III of the Regulation, if he is insured for the same risk under the legislation of another Member State or, failing that, in the case where a benefit is due under the legislation of another Member State for the same risk. The latter condition shall be considered to be fulfilled, however, in the case referred to in Article 48 (1).
(b)If, pursuant to subparagraph (a), the person concerned is entitled to a Dutch invalidity benefit, that benefit shall be awarded in accordance with rules laid down by Article 46 (2) of the Regulation:
(i)in accordance with the provisions laid down by the abovementioned Law of 18 February 1966 (WAO), if, at the time of occurrence of the incapacity for work he was insured for the same risk under the legislation of another Member State as an employed person within the meaning of Article 1 (a) of the Regulation;
(ii)in accordance with the provisions laid down by the abovementioned Law of 24 April 1997 on insurance against incapacity for work by self-employed persons if, when the incapacity for work arose, he:
—was insured for the risk under the legislation of another Member State but not in the capacity of employed person within the meaning of Article 1 (a) of the Regulation,
—or
—was not insured for the risk under the legislation of another Member State but can assert a claim to benefits under the legislation of another Member State.
(b)If, pursuant to subparagraph (a), the person concerned is entitled to a Dutch invalidity benefit, the benefits as referred to in Article 46(2) of the Regulation shall be calculated:
(i)in accordance with the provisions laid down in the WAO if, before the occurrence of the incapacity for work, the person concerned was last engaged in work as an employed person within the meaning of Article 1(a) of the Regulation;
(ii)in accordance with the provisions laid down in the Invalidity Insurance (Self-Employed Persons) Act (WAZ) if, before the occurrence of the incapacity for work, the person concerned was last engaged in work in a capacity other than that of an employed person within the meaning of Article 1(a) of the Regulation.
(c)In the calculation of the benefits awarded in accordance with the Law of 24 April 1997 on insurance against incapacity for work by self-employed persons, the Dutch institutions shall take account of:
—periods of paid employment and periods treated as such completed in the Netherlands before 1 July 1967,
—periods of insurance completed under the abovementioned Law of 18 February 1966 (WAO),
@@ -4537,8 +3460,7 @@
6. *Application of certain transitional provisions*
Article 45 (1) shall not apply to the assessment of entitlement to benefits under the transitional provisions of the legislations on general old-age insurance (Article 46), on general insurance for widows and orphans and on general insurance against incapacity for work.
7. *Applicability of Title II of the Regulation to a ‘directeur-grootaandeelhouder’ (director/major shareholder) of a limited company:*
any person pursuing a self-employed activity in the Netherlands on behalf of a limited company in which she/he has a ‘significant interest’ within the meaning of Netherlands legislation (i.e. an interest conferring at least 50 % of voting rights) is deemed, for the purposes of the provisions of Title II of the Regulation, to be employed.
7.For the purposes of applying Title II of the Regulation, a person regarded as an employed person within the meaning of the 1964 Wage Tax Act and who is insured on this basis for national insurance, is considered to be pursuing activities in paid employment.
### R. **AUSTRIA**
2005-05-05
the application of social security schemes to employed persons and t
original version
Text at this date