Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71

(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.

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.

F. GREECE

Does not apply.

G. IRELAND

Does not apply.

H. ITALY

Does not apply.

I. LUXEMBOURG

Does not apply.

J. NETHERLANDS

Does not apply.

K. AUSTRIA

Insurance and welfare institutions (Versicherungs- und Versorgungswerke), 'welfare in particular funds` (Fürsorgeeinrichtungen) and the system for extending fee-sharing (erweiterte Honorarverteilung) for doctors, veterinary surgeons, barristers and counsel, and civil engineers (Ziviltechniker).

L. PORTUGAL

Does not apply.

M. FINLAND

Does not apply.

N. SWEDEN

Does not apply.

O. UNITED KINGDOM

Does not apply.

II. Special childbirth or adoption allowances excluded from the scope of the Regulation under the terms of Article 1 (u) (i)

A. BELGIUM

(a) Childbirth allowance;

(b) Adoption premium.

B. DENMARK

None.

C. GERMANY

None.

D. SPAIN

None.

E. FRANCE

(a) Allowance for young children up to the age of three months;

(b) Adoption allowance.

F. GREECE

None.

G. IRELAND

None.

H. ITALY

None.

I. LUXEMBOURG

(a) antenatal allowance;

(b) childbirth allowance.

J. NETHERLANDS

None.

K. AUSTRIA

The general part of the childbirth allowance.

L. PORTUGAL

None.

M. FINLAND

The maternity package or the maternity lump-sum grant pursuant to the Maternity Grant Act.

N. SWEDEN

None.

O. UNITED KINGDOM

None.

III. Special non-contributory benefits within the meaning of Article 4 (2b) which do not fall within the scope of the Regulation

A. BELGIUM

None.

B. DENMARK

None.

C. GERMANY

(a) Benefits granted under Länder legislation for the disabled, and in particular for the blind.

(b) The social supplement under the Law of 28 June 1990 on the alignment of pensions.

D. SPAIN

None.

E. FRANCE

None.

F. GREECE

None.

G. IRELAND

None.

H. ITALY

None.

I. LUXEMBOURG

None.

J. NETHERLANDS

None.

K. AUSTRIA

Benefits granted under Bundesländer legislation for disabled persons and persons in the need of care.

L. PORTUGAL

None.

M. FINLAND

None.

N. SWEDEN

None.

O. UNITED KINGDOM

None.

ANNEX IIa (B) (10) (12) (13) (14) (15)

SPECIAL NON-CONTRIBUTORY BENEFITS

(Article 10a of the Regulation)

A. BELGIUM

(a) Allowances for disabled person (Law of 27 February 1987).

(b) Guaranteed income for elderly persons (Law of 1. April 1969).

(c) Guaranteed family benefits (Law of 20 July 1971).

B. DENMARK

(a) The flat-rate rehabilitation benefit awarded under the Law on Social Welfare for the maintenance of persons receiving rehabilitation treatment.

(b) Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995).

C. GERMANY

None.

D. SPAIN

(a) Benefits under the Law on the social integration of disabled persons (Law No 13/82 of 7 April 1982).

(b) Cash benefits to assist the elderly and invalids unable to work (Royal Decree No 2620/81 of 24 July 1981).

(c) Non-contributory disablement and retirement pensions and dependent child benefits as provided for in Articles 132 (1), Articles 136a, 137a, 138a, 154a, 155a, 156a, 167, 168 (2), 169 and 170 of the General Law on Social Security, as amended by Law No 26/90 of 20 December 1990 establishing non-contributory social security benefits.

E. FRANCE

(a) Supplementary allowance from the National Solidarity Fund (Law of 30 June 1956).

(b) Disabled asults' allowance (Law of 30 June 1975).

(c) The special allowance (Law of 10 July 1952).

F. GREECE

(a) Special benefits for elderly (Law 1296/82).

(b) Allowance for children of non-working mothers whose husbands have been called up for military service (Law 1483/84, Article 23 (1)).

(c) Allowance for children of non-working mothers whose husbands are in prison (Law 1483/84, Article 23 (2)).

(d) Allowance for persons suffering from congenital hemolytic aneamia (Decree-law 321/69; common ministerial order G4a/F.222/oik.2204)

(e) Allowance for the deaf and dumb (Exceptional law 421/37; common ministerial order G4B/F.422/oik.2205).

(f) Allowance for seriously disabled persons (Decree-law 162/73; common ministerial order G4a/F.225//oik.161).

(g) Allowance for spasmophiliacs (Decree-law 162/72; common ministerial order G4a/F.224/oik.2207).

(h) Allowance for persons suffering from a serious mental disability (Decree-law 162/73; common ministerial order G4b/F.423/oik.2208).

(i) Allowance for the blind (Law 958/79; common ministerial order (G4b/F.421/oik.2209).

G. IRELAND

(a) Unemployment assistance (Social Welfare (Consolidation) Act 1981, Part III, Chapter 2).

(b) Old age and blind pensions (non-contributory) (Social Welfare (Consolidation) Act 1981, Part III, Chapter 3).

(c) Widows' and orphans' pensions (non-contributory) (Social Welfare (Consolidation) Act 1981, Part III, Chapter 4).

(d) Lone parent's allowance (Social Welfare Act 1990, Part III).

(e) Carer's allowance (Social Welfare Act 1990, Part IV).

(f) Family income supplement (Social Welfare Act 1984, Part III).

(g) Disabled person's maintenance allowance (Health Act 1970, Section 69).

(h) Mobility allowance (Health Act 1970, Section 61).

(i) Infectious diseases maintenance allowance (Health Act 1947, Sections 5 and 44 (5)).

(j) Domiciliary care allowance (Health Act 1970, Section 61).

(k) Blind welfare allowance (Blind Persons Act 1920, Chapter 49).

(l) Disabled person's rehabilitation allowance (Health Act 1970, Sections 68, 69 and 72).

H. ITALY

(a) Social pensions for persons without means (Law No 153 of 30 April 1969).

(b) Pensions and allowances for the civilian disabled or invalids (Laws No 118 of 30 March 1974, No 18 of 11 February 1980 and No 508 of 23 November 1988).

(c) Pensions and allowances for the deaf and dumb (Laws No 381 of 26 May 1970 and No 508 of 23 November 1988).

(d) Pensions and allowances for the civilian blind (Laws No 382 of 27 May 1970 and No No 508 of 23 November 1988).

(e) Benefits supplementing the minimum pensions (Laws No 218 of 4 April 1952, No 638 of 11 November 1983 and No 407 of 29 December 1990).

(f) Benefits supplementing disability allowances (Law No 222 of 12 June 1984).

(g) Monthly allowances for continuous personal assistance for those receiving for incapacity for work (Law No 222 of 12 June 1984).

I. LUXEMBOURG

(a) Special severe disablement allowances (Law of 16 April 1979).

(b) Maternity allowances (Law of 30 April 1980).

J. NETHERLANDS

None.

K. AUSTRIA

(a) Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance - ASVG, Federal Act of 11 October 1978 on Social Insurance for Persons engaged in Trade and Commerce - GSVG and Federal Act of 11 October 1978 on Social Insurance for Farmers - BSGV).

(b) Care allowance (Pflegegeld) under the Austrian Federal Care Allowance Act (Bundespflegegeldgesetz) with the exception of care allowance granted by accident insurance institutions where the handicap is caused by an accident at work or occupational disease.

L. PORTUGAL

(a) Non-contributory family allowances (Decree Law No 160/80 of 27 May 1980).

(b) Nursing mother's allowance (Decree-Law No 160/80 of 27 May 1980).

(c) Supplementary allowance for disabled and young people (Decree Law No 160/80 of 27 May 1980).

(d) Allowance for attendance at special schools (Decree-Law No 160/80 of 27 May 1980).

(e) Non contributory orphan's pension (Decree Law No 160/80 of 27 May 1980).

(f) Non-contributory invalidity pension (Decree Law No 464/80 of 13 October 1980).

(g) Non-contributory old-age pension (Decree Law No 464/80 of 13 October 1980).

(h) Supplementary severe invalidity pension (Decree Law No 160/80 of 27 May 1980).

(i) Non-contributory widow's pension (Regulatory Decree No 52/81 of 11 November 1981).

M. FINLAND

(a) Child-care allowance (Child-care Allowances Act, 444/69).

(b) Disability allowance (Disbility Allowance Act, 124/88).

(c) Housing allowance for pensioners (Act concerning the Housing Allowance for Pensioners, 591/78).

(d) Basic unemployment allowance (Unemployment Allowance Act, 602/84) in cases where a person does not fulfil the corresponding conditions for the earnings-related unemployment allowance.

N. SWEDEN

(a) Municipal Housing Supplements to basis pensions (Law 1962: 392, reprinted 1976: 1014).

(b) Handicap allowances which are not paid to a person receiving a pension (Law 1962: 381 reprinted 1982: 120).

(c) Care allowance for handicapped children (Law 1962: 381 reprinted 1982: 120).

O. UNITED KINGDOM

(a) . . .

(b) Invalid care allowance (Social Security Act 1975 of 20 March 1975, Section 37, and Social Security (Northern Ireland) Act 1975 of 20 March 1975, Section 37).

(c) Family credit (Social Security Act 1986, of 25 July 1986, Sections 20 to 22, and Social Security (Nothern Ireland) Order 1986 of 5 November 1986, Articles 21 to 23).

(d) Attendance allowance (Social Security Act 1975 of 20 March 1975, Section 35, and Social Security (Northern Ireland) Act 1975 of 20 March 1975, Section 35).

(e) Income support (Social Security Act 1986 of 25 July 1986, Section 20 to 22 and Section 23, Social Security (Northern Ireland) Order 1986 of 5 November 1986, Articles 21 to 24).

(f) Disability living allowance (Disability Living Allowance and Disability Working Allowance Act 1991 of 27 June 1991, Section 1 and Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 of 24 July 1991, Article 3).

(g) Disability working allowance (Disability Living Allowance and Disability Working Allowance Act 1991 of 27 June 1991, Section 6, and Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 of 24 July 1991, Article 8).

(h) Income-based allowances for jobseekers (Jobseekers Act 1995, 28 June 1995, Sections I (2) (d) (ii) and 3, and Jobseekers (Northern Ireland) Order 1995, 18 October 1995, Articles 3 (2) (d) (ii) and 5).

ANNEX III (A) (B) (6) (7) (12) (14) (15)

PROVISIONS OF SOCIAL SECURITY CONVENTIONS REMAINING APPLICABLE NOTWITHSTANDING ARTICLE 6 OF THE REGULATION - PROVISIONS OF SOCIAL SECURITY CONVENTIONS WHICH DO NOT APPLY TO ALL PERSONS TO WHOM THE REGULATION APPLIES

(Articles 7 (2) (c) and 3 (3) of the Regulation)

General comments

A. Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation. (Article 7 (2) (c) of the Regulation)

No convention.

(a) Articles 3 and 43 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).

None.

(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) The exchange of letters of 27 February 1953 (application of Article - (2) of the General Convention of 17 January 1948).

(c) The exchange of letters of 29 July 1953 an allowances to elderly employed persons.

Articles 15 (2), 35 (2) and 37 of the General Convention of 1 April 1958.

No convention.

Article 29 of the Convention of 30 April 1948.

Articles 2 and 4 of the Agreement of 27 October 1971 (Overseas social insurance).

Articles 2 and 4 of the Agreement of 4 February 1969 (Overseas occupation).

(a) Article 4 of the Convention on social security of 4 April 1977 as regards persons residing in a third State.

(b) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.

Articles 1 and 5 of the Convention of 13 January 1965 (Social insurance for employees in the Belgian Congo and Rwanda-Urundi), in the wording contained in the Agreement concluded by an exchange of letters dated 18 June 1982.

No convention.

No convention.

None.

(a) Point 15 of the Final Protocol to the Convention on social insurances of 14 August 1953.

(b) The Complementary Agreement of 14 August 1953 to the Convention mentioned above.

No convention.

None.

No convention.

No convention.

No convention.

No convention.

No convention.

(a) Article 4 of the Convention on social security of 16 June 1987 as regards persons residing in a third State.

(b) Point I of the Final Protocol to the said Convention as regards persons residing in a third State.

No convention.

Article 10 of the Nordic Convention on social security of 15 June 1992.

Article 10 of the Nordic Convention on social security of 15 June 1992.

None.

Articles 4 (1) and 45 (2) of the Social Security Convention of 4 December 1973.

(a) Articles 11 (1), 16 (second paragraph) and 19 of the General Convention of 10 July 1950.

(b) Article 9 of Complementary Agreement No 1 of 10 July 1950 to the General Convention of the same 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 added Section No 2 of 18 June 1955.

(d) Titles I and III of 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) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar).

(a) Article 5 (2) of the General Convention of 25 April 1961.

(b) 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.

(c) Protocol of 7 October 1991 in conjunction with the Agreement of 6 July 1984 between the Government of the German Democratic Republic and the Government of the Hellenic Republic on the settlement of problems relating to pensions.

No convention.

(a) Articles 3 (2), 23 (2), 26 and 36 (3) 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).

Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (Ausgleichsvertrag) (settlement of the dispute between Germany and Luxembourg).

(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).

(a) Article 41 of the Convention on social security of 22 December 1966 as amended by Complementary Conventions No 1 of 10 April 1969, No 2 of 20 March 1974 and No 3 of 29 August 1980.

(b) Paragraphs 3 (c), 3 (d), 17, 20 (a) and 21 of the Final Protocol to the said Convention.

(c) Article 3 of the said Convention as regards persons residing in a third State.

(d) Paragraph 3 (g) of the Final Protocol to the said Convention as regards persons residing in a third State.

(e) Article 4 (1) of the Convention as regards the German legislation, under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give rise to payment of benefits or only give rise to payment of benefits, under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany, in cases in which:

(i) the benefit has already been paid or is payable on 1 January 1994;

(ii) the beneficiary has established his habitual residence in Austria before 1 January 1994 and the payment of pensions due under the pension and accident insurance begins prior to 31 December 1994;

this shall also apply to periods during which another pension, including a survivor's pension was collected, replacing the initial one, where the periods of collection follow each other without interruption.

(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision the amount taken into account by the competent institution shall not exceed the amount, which is due in respect of the corresponding periods to be remunerated by this institution.

(g) Article 2 of Complementary Convention No 1 of 10 April 1969 to the said Convention.

(h) Articles 1 (5) and 8 of the Convention on unemployment insurance of 19 July 1978.

(i) Paragraph 10 of the Final Protocol to the said Convention.

Article 5 (2) of the Convention of 6 November 1964.

(a) Article 4 of the Convention on social security of 23 April 1979.

(b) Point 9 (a) of the Final Protocol to the said Convention.

(a) Article 4 (2) of the Convention on social security of 27 February 1976.

(b) Point 8 (a) of the Final Protocol to the said Convention.

(a) Articles 3 (1) and (6) and 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) Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment insurance of 20 April 1960.

None.

No convention.

No convention.

Articles 5, 18 (1) (c) and 23 of the Convention on social security of 30 October 1979.

(a) Article 5 (2) of the Convention of 8 May 1969.

(b) Article 1 of the Administrative Arrangement of 27 June 1975 for the application of the Convention of 8 May 1969 to self-employed persons.

Article 23 (2) of the Convention on social security of 5 February 1974.

(a) Article 4 of the Convention on social security of 6 November 1981 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

Articles 4 (2), 16 (2) and 22 of the General Convention of 11 June 1969.

Article 5 (2) of the Convention on social security of 19 December 1985.

Articles 5 (2) and 16 of the Convention on social security of 4 February 1983.

None.

Articles 16 (fourth subparagraph) and 30 of the General Convention of 19 April 1958.

No convention.

(a) Articles 20 and 24 of the General Convention of 31 March 1948.

(b) The exchange of letters of 3 March 1956 (sickness benefits for seasonal workers employed in agriculture).

Articles 11 and 14 of the Complementary Agreement of 12 November 1949 to the General Convention of the same date (workers in mines and similar undertakings).

Article 11 of the Complementary Agreement of 1 June 1954 to the General Convention of 7 January 1950 (workers in mines and similar undertakings).

None.

None.

None.

None.

The exchange of letters of 27 and 30 July 1970 concerning the position with regard to social security of United Kingdom teachers temporarily pursing their profession in France by virtue of the Cultural Convention of 2 March 1948.

No convention.

No convention.

No convention.

Article 4 (2) of the General Convention of 13 September 1966.

(a) Article 4 of the Convention on social security of 14 December 1979 as amended by the Complementary Convention of 21 May 1986 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

No convention.

Articles 5 (2) and 21 of the Convention on social security of 21 March 1988.

Articles 5 (2) and 23 of the Convention on social security of 5 May 1978 as amended by the Complementary Convention of 14 September 1984.

No convention.

No convention.

No convention.

No convention.

Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.

No convention.

No convention.

No convention.

Article 8 of the Agreement of 14 September 1971 on social security.

Articles 18 (2) and 24 of the General Convention of 29 May 1951.

Article 21 (2) of the General Convention of 28 October 1952.

(a) Articles 5 (3) and 9 (2) of the Convention on social security of 21 January 1981.

(b) Article 4 of the said Convention and paragraph 2 of the Final Protocol to the said Convention as regards persons residing in a third State.

No convention.

No convention.

Article 20 of the Convention onsocial security of 25 September 1979.

None.

None.

(a) Article 5 (2) of the Convention on social security of 21 December 1971 as amended by Complementary Conventions No 1 of 16 May 1973 and No 2 of 9 October 1978.

(b) Article 3 (2) of the said Convention as regards persons residing in a third State.

(c) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.

Article 3 (2) of the Convention of 12 February 1965.

Article 5 (2) of the Convention on social security of 15 September 1988.

(a) Articles 4 and 29 (1) of the Convention on social security of 21 February 1985 as regards persons residing in a third State.

(b) Article 30 of the said Convention.

None.

(a) Article 3 of the Convention on social security of 7 March 1974 as amended by the Complementary Convention of 5 November 1980 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

Articles 5 (2) and 31 of the Convention of 19 July 1979.

No convention.

Articles 4 and 24 (3) of the Convention on social security of 2 July 1976 as regards persons residing in a third State.

None.

None.

(a) Article 4 of the Convention on social security of 11 December 1985 as amended by the Complementary Convention of 9 March 1993 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

(a) Articles 4 and 24 (1) of the Convention on social security of 11 November 1975 as amended by the Complementary Convention of 21 October 1982 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

(a) Article 3 of the Convention on social security of 22 July 1980 as amended by Complementary Conventions No 1 of 9 December 1985 and No 2 of 13 October 1992 as regards persons residing in a third State.

(b) Protocol concerning benefits in kind to the said Convention with the exception of Article 2 (3) as regards persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.

No convention.

Article 6 of the Convention on social security of 25 October 1978.

(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.

Article 10 of the Nordic Convention on social security of 15 June 1992.

None.

Article 4 (3) of the Convention on social security of 29 June 1987.

B. Provisions of Conventions which do not apply to all persons to whom the Regulations applies (Article 3 (3) of the Regulation)

No convention.

None.

(a) The exchange of letters of 29 July 1953 on allowances to elderly employed persons.

(b) The exchange of letters of 27 February 1953 (application of Article 4 (2) of the General Convention of 17 January 1948).

None.

None.

None.

Articles 2 and 4 of the Agreement of 27 October 1971 (overseas social security).

Articles 2 and 4 of the Agreement of 4 February 1969 (overseas occupation).

(a) Article 4 of the Convention on social security of 4 April 1977 as regards persons residing in a third State.

(b) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.

Articles 1 and 5 of the Convention of 13 January 1965 (social security for employees of the Belgian Congo and Rwanda-Urundi) in the wording that appears in the Agreement concluded by exchange of letters dated 18 June 1982.

No convention.

No convention.

(a) Point 15 of the Final Protocol to the Convention on social insurances of 14 August 1953.

(b) The Complementary Agreement of 14 August 1953 to the Convention mentioned above.

No convention.

None.

No convention.

No convention.

No convention.

No convention.

No convention.

(a) Article 4 of the Convention on social security of 16 June 1987 as regards persons residing in a third State.

(b) Point I of the Final Protocol to the said Convention as regards persons residing in a third State.

No convention.

None.

None.

None.

Article 4 (1) and 45 (2) of the Social Security Convention of 4 December 1973.

(a) Articles 16 (second paragraph) and 19 on 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 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).

Protocol of 7 October 1991 in conjunction with the Agreement of 6 July 1984 between the Government of the German Democratic Republic and the Government of the Hellenic Republic on the settlement of problems relating to pensions.

No convention.

(a) Articles 3 (2) and 26 of the Convention of 5 May 1952 (social insurance).

(b) The Complementary Agreement of 12 May 1953 to the Convention of 5 May 1953 (payment of pensions for the period prior to the entry into force of the Convention).

Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement of the dispute between Germany and Luxembourg).

(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).

(a) Article 41 of the Convention on social security of 22 December 1966 as amended by Complementary Conventions No 1 of 10 April 1969, No 2 of 29 March 1974 and No 3 of 29 August 1980.

(b) Paragraph 20 (a) of the Final Protocol to the said Convention.

(c) Article 3 of the said Convention as regards persons residing in a third State.

(d) Paragraph 3 (g) of the Final Protocol to the said Convention.

(e) Article 4 (1) of the Convention as regards the German legislation, under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give rise to payment of benefits or only give rise to payment of benefits under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany, in cases in which:

(i) the benefit has already been paid or is payable on 1 January 1994;

(ii) the beneficiary has established his habitual residence in Austria before 1 January 1994 and the payment of pensions due under the pension and accident insurance begins prior to 31 December 1994;

this shall also apply to periods during which another pension, including a survivor's pension was collected, replacing the initial one, when the periods of collection follow each other without interruption.

(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision the amount taken into account by the competent institution shall not exceed the amount which is due in respect of the corresponding periods to be remunerated by this institution.

Article 5 (2) of the Convention of 6 November 1964.

Article 4 of the Convention on social security of 23 April 1979.

Article 4 (2) of the Convention on social security of 27 February 1976.

(a) Articles 3 (1) and (6) and 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) Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment insurance of 20 April 1960.

None.

No convention.

No convention.

Articles 5, 18 (1) (c) and 23 of the Convention on Social Security of 30 October 1979.

(a) Article 5 (2) of the Convention of 8 May 1969.

(b) Article 1 of the Administrative Arrangement of 27 June 1975 for the application of the Convention of 8 May 1969 to self-employed persons.

Article 23 (2) of the Convention on Social Security of 5 February 1974.

(a) Article 4 of the Convention on social security of 6 November 1981 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

Articles 4 (2), 16 (2) and 22 of the General Convention of 11 June 1969.

Articles 5 (2) of the Convention on social security of 19 December 1985.

Articles 5 (2) and 16 of the Convention on social security of 4 February 1983.

None.

None.

No convention.

Articles 20 and 24 of the General Convention of 31 March 1948.

None.

None.

None.

None.

No convention.

None.

The exchange of letters of 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.

No convention.

No convention.

No convention.

None.

(a) Article 4 of the Convention on social security of 14 December 1979 as amended by the Complementary Convention of 21 May 1986 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

No convention.

Article 5 (2) of the Convention on social security of 11 March 1988.

Article 5 (2) of the Convention on social security of 5 May 1978 as amended by the Complementary Convention of 14 September 1984.

No convention.

No convention.

No convention.

No convention.

Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.

No convention.

No convention.

No convention.

None.

None.

None.

(a) Articles 5 (3) and 9 (2) of the Convention on social security of 21 January 1981.

(b) Article 4 of the said Convention and paragraph 2 of the Final Protocol to the said Convention as regards persons residing in a third State.

No convention.

No convention.

Article 20 of the Convention on social security of 25 September 1979.

None.

None.

(a) Article 5 (2) of the Convention on social security of 21 December 1971 as amended by Complementary Conventions No 1 of 16 May 1973 and No 2 of 9 October 1978.

(b) Article 3 (2) of the said Convention as regards persons residing in a third State.

(c) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.

Article 3 (2) of the Convention of 12 February 1965.

Article 5 (2) of the Convention on social security of 15 September 1988.

Articles 4 and 29 (1) of the Convention on social security of 21 February 1985 as regards persons residing in a third State.

None.

(a) Article 3 of the Convention on social security of 7 March 1974 as amended by the Complementary Convention of 5 November 1980 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

Article 5 (2) of the Convention of 19 July 1979.

No convention.

Articles 4 and 24 (3) of the Convention on social security of 2 July 1976 as regards persons residing in a third State.

None.

None.

(a) Article 4 of the Convention on social security of 11 December 1985 as amended by the Complementary Convention of 9 March 1993 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

(a) Articles 4 and 24 (1) of the Convention on social security of 7 November 1975 as amended by the Complementary Convention of 21 October 1982 as regards persons residing in a third State.

(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.

(a) Article 3 of the Convention on social security of 22 July 1980 as amended by Complementary Conventions No 1 of 9 December 1985 and No 2 of 13 October 1992 as regards persons residing in a third State.

(b) Protocol concerning benefits in kind to the said Convention with the exception of Article 2 (3) as regards persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.

No convention.

Article 6 of the Convention on social security of 25 October 1978.

Article 2 (1) of the Protocol on medical treatment of 15 November 1978.

None.

None.

Article 4 (3) of the Convention on social security of 29 June 1987.

ANNEX IV (B) (11) (13) (15)

(Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation)

A. Legislations referred to in Article 37 (1) of the Regulation under which the amount of invalidity benefits is independent of the length of periods of insurance

A. BELGIUM

(a) Legislation relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme for merchant navy mariners.

(b) Legislation on insurance for self-employed persons against incapacity to work.

(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. DENMARK

None.

C. GERMANY

None.

D. SPAIN

Legislation relating to invalidity insurance under the general scheme and under the special schemes.

E. FRANCE

All legislations on invalidity insurance, except for the legislation concerning the invalidity insurance of the social security scheme for miners.

The legislation on invalidity insurance for persons self-employed in agriculture.

F. GREECE

Legislation relating to the agricultural insurance scheme.

G. IRELAND

Chapter 10 of Part II of the Social Welfare (Consolidation) Act 1981.

H. ITALY

None.

I. LUXEMBOURG

None.

J. THE NETHERLANDS

(a) The law of 18 February 1966 on insurance against incapacity for work, as amended.

(b) The law of 11 December 1975 on general insurance against incapacity for work, as amended.

K. AUSTRIA

None.

L. PORTUGAL

None.

M. FINLAND

National pensions to persons who are born disabled or become disabled at an early age (the National Pensions Act (547/93)).

N. SWEDEN

None.

O. UNITED KINGDOM

(a) Great Britain

Sections 15 and 36 of the Social Security Act 1975.

Sections 14, 15 and 16 of the Social Security Pensions Act 1975.

(b) Northern Ireland

Sections 15 and 36 of the Social Security (Northern Ireland) Act 1975.

Articles 16, 17 and 18 of the Social security Pensions (Northern Ireland) Order 1975.

B. Special schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of Regulation No 1408/71

A. BELGIUM

None.

B. DENMARK

None.

C. GERMANY

Old-age insurance for farmers (Alterssicherung für Landwirte).

D. SPAIN

Scheme for lowering the retirement age of self-employed persons engaged in seafaring activities as described in Royal Decree No 2309 of 23 July 1970.

E. FRANCE

None.

F. GREECE

None.

G. IRELAND

None.

H. ITALY

Pension insurance schemes for (Assicurazione pensioni per):

• medical practitioners (medici),

• pharmacists (farmacisti),

• veterinarians (veterinari),

• midwives (ostetriche),

• engineers and architects (ingegneri ed architetti),

• surveyors (geometri),

• solicitors and barristers (avvocati e procuratori),

• economists (dottori commercialisti),

• accountants and industrial experts (ragionieri e periti commerciali),

• employment consultants (consulenti del lavoro),

• notaries (notai),

• customs agents (spedizionieri doganali).

I. LUXEMBOURG

None.

J. THE NETHERLANDS

None.

K. AUSTRIA

None.

L. PORTUGAL

None.

M. FINLAND

None.

N. SWEDEN

None.

O. UNITED KINGDOM

None.

C. Cases referred to in Article 46 (1) (b) of the Regulation where the calculation of benefit in accordance with Article 46 (2) of the Regulation may be waived

A. BELGIUM

None.

B. DENMARK

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IV part D.

C. GERMANY

None.

D. SPAIN

None.

E. FRANCE

None.

F. GREECE

None.

G. IRELAND

All applications for retirement pensions, contributory old-age pensions and widows' pensions.

H. ITALY

Invalidity, retirement and survivors pensions for employed persons and for the following categories of self-employed persons: farmers farming directly, share-croppers, farmers, craftsmen and persons engaged in commercial activities.

I. LUXEMBOURG

None.

J. THE NETHERLANDS

All applications for old-age pensions under the law of 31 May 1956 governing general old-age insurance, as amended.

K. AUSTRIA

None.

L. PORTUGAL

Invalidity, old-age and widows' pensions.

M. FINLAND

None.

N. SWEDEN

All applications for old-age basic and supplementary pensions except pensions mentioned in Annex IV D.

O. UNITED KINGDOM

All applications for retirement and widow's pension determined pursuant to the provisions of Title III, Chapter 3 of the Regulation, with the exception of those for which:

(a) during a tax year beginning on or after 6 April 1975:

(i) the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and of another Member State; and

(ii) one (or more) of the tax years referred to in (i) was not considered a qualifying year within the meaning of the legislation of the United Kingdom;

(b) the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of Article 46 (2) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.

D. Benefits and agreements referred to in Article 46b (2) of the Regulation

(a) The invalidity benefits provided for by the legislations referred to in part A of this Annex.

(b) The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989 at the latest.

(c) The Spanish death allowances and survivors' pensions granted under the general and special schemes.

(d) The widows' allowance under the widowhood insurance of the French general social security system or the agricultural workers' system.

(e) The widowers' or widows' invalidity pension under the French general social security system or the agricultural workers' system, when calculated on the basis of the invalidity pension of a deceased spouse, paid in accordance with Article 46 (1) (a) (i).

(f) The Netherlands widows' pension under the law of 9 April 1959 governing the general insurance for widows and orphans, as amended.

(g) 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).

(h) 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.

(a) Danish early-retirement pensions, the amount of which is determined in accordance with legislation in force before 1 October 1984.

(b) German invalidity and survivors' pensions, for which account is taken of a supplementary period, and German old-age pensions, for which account is taken of a supplementary period already acquired.

(c) Italian pensions for total incapacity for work (inabilità).

(d) Luxembourg invalidity and survivors' pensions.

(e) Finnish employment pensions for which account is taken of future periods according to the national legislation.

(f) Swedish invalidity and survivors' pensions for which account is taken of a credited period of insurance and Swedish old-age pensions for which account is taken of credited periods already acquired.

Agreement of 20 July 1978 between the Government of the Grand Duchy of Luxembourg and the Government of the Federal Republic of Germany concerning various social security matters.

Nordic Convention of 15 June 1992 on social security.

ANNEX V (15)

CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY (Article 40 (4) of the Regulation)

TABLE>

TABLE>

TABLE>

TABLE>

ANNEX VI (A) (B) (2) (7) (8) (9) (11) (12) (13) (14) (15)

SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF CERTAIN MEMBER STATES

(Article 89 of the Regulation)

A. BELGIUM

(a) In the event that they are temporarily resident in the territory of a Member State other than Belgium, the persons concerned shall be entitled:

(i) to the benefits in kind provided for under the legislation of the Member State of temporary residence in respect of hospitalization care;

(ii) to reimbursement in respect of other benefits in kind provided for under the Belgian scheme by the relevant Belgian institution at the rate provided for under the legislation of the State of temporary residence.

(b) In the event that they are permanently resident in the territory of a Member State other than Belgium, the persons concerned shall be entitled to the benefits in kind provided for under the legislation of the Member State of permanent residence provided that they pay the relevant Belgian institution the appropriate additional contribution provided for under Belgian regulations.

The rate of conversion is the annual mean of the conversion rates published in the Official Journal of the European Communities pursuant to Article 107 (5) of Regulation (EEC) No 547/72.

(a) In accordance with the provisions laid down by the Law of 9 August 1963 on the establishment and organization of a compulsory sickness and invalidity insurance scheme 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.

(b) In accordance with the provisions laid down by the Royal Decree of 20 July 1971 on the establishment of an insurance scheme against incapacity for work for self-employed persons if, at the time of occurrence of the incapacity for work, he was a self-employed person within the meaning of Article 1 (a) of the Regulation.

B. DENMARK

(b) For the purpose of calculating the pension, periods of employment or self-employment completed in Denmark by a frontier worker or a seasonal worker are regarded as periods of residence completed in Denmark by the surviving spouse in so far as the surviving spouse was during these periods, linked to the frontier worker or seasonal worker by marriage without separation from bed and board or de facto separation on grounds of incompatibility and provided that during these periods the spouse resided in the territory of another Member State.

(c) For the purpose of calculating the pension, periods of employment or self-employment completed in Denmark before 1 January 1984 by an employed or self-employed person other than a frontier worker or seasonal worker shall be regarded as periods of residence completed in Denmark by the surviving spouse, in so far as the surviving spouse was during these periods, linked to the employed or self-employed person by marriage without separation from bed and board or de facto separation on grounds of incompatibility, and provided that during these periods the spouse resided in the territory of another Member State.

(d) Periods to be taken into account under the terms of (b) and (c) shall not be taken into consideration if they coincide with the periods taken into account for the calculation of the pension due to the person concerned under the legislation on compulsory insurance of another Member State or with the periods during which the person concerned received a pension under such legislation.

These periods shall, however, be taken into consideration if the annual amount of the said pension is less than half the basic amount of the social pension.

(b) The periods during which a seasonal worker residing within the territory of a Member State other than Denmark has pursued his occupation in Denmark are to be considered as periods of residence for the purposes of Danish legislation. The same applies to periods during which a seasonal worker is posted to the territory of a Member State other than Denmark.

(a) account shall be taken of the insurance periods and employment periods fulfilled under the legislation of a Member State other than Denmark during the abovementioned reference periods during which the person concerned was not covered by Danish legislation, as if they are periods completed under the latter legislation,

and

(b) during the periods taken into account, a self-employed person or an employed person (in cases where, for the latter, remuneration cannot serve as a basis for calculating the daily allowances) are regarded as having had an average remuneration or salary of an amount equal to that on the basis of which the cash allowances are calculated in respect of the periods completed under Danish legislation during the reference periods.

C. GERMANY

(b) For the purpose of taking into account German pension periods for miners' pension insurance, only German legislation shall apply.

(c) For the purpose of taking into account German substitute periods (Ersatzzeiten), only German legislation shall apply.

If the general conditions are fulfilled, voluntary contributions may be paid to the German pension insurance scheme:

(a) if the person concerned is domiciled or resident in the territory of the Federal Republic of Germany;

(b) if the party concerned is domiciled or resident in the territory of another Member State and has at some point previously contributed, either compulsorily or voluntarily, to the German pension insurance scheme;

(c) if the party concerned is a national of another Member State, is domiciled or resident in the territory of a third Member State, has contributed for at least 60 months to the German pension insurance scheme or was eligible for voluntary insurance pursuant to Article 232 of Book VI of the Social Code, and is not compulsorily or voluntarily insured under the legislation of another Member State.

(a) the declaration on which the obligation to pay contributions is based shall have been lodged within the prescribed time,

and

(b) before lodging the declaration, the person concerned shall have been last subject to contribution under the old-age insurance scheme for farmers in the territory of the Federal Republic of Germany.

Article 210 (6) of Book VI of the Social Code shall only apply with regard to the periods during which compulsory contributions to the pension insurance scheme were paid in addition to contributions to the special Greek civil servant scheme and with regard to the allocation periods immediately following the periods during which these compulsory contributions were paid.

D. SPAIN

(a) where they are resident in Spanish territory,

or

(b) where they are resident in the territory of another Member State and where they have been previously, at some time, compulsorily affiliated to the Spanish social security scheme, of

or

(c) where they are resident in the territory of a third State and have paid contributions for at least 1800 days to the Spanish social security scheme and where they are not insured either compulsorily or voluntarily by virtue of the legislation of another Member State.

(b) The amount of the pension obtained shall be increased by the amount of the increases and revalorizations calculated for each year after and up to the year preceding the materialization of the risk for pensions of the same kind.

E. FRANCE

(b) The same shall apply to refugees and stateless persons.

(c) The provisions of the Regulation shall not affect the provisions of French legislation under which only periods of work as employed persons or periods treated as such or, as appropriate, periods of work as self-employed persons in the territories of the European departments and the overseas departments (Guadeloupe, Guyana, Martinique and Réunion) of the French Republic shall be taken into consideration for acquisition of the right to the allowance for elderly employed persons.

• the professional or trade activity giving rise to voluntary insurance under the French system should not be, or have been, pursued either on French territory or on the territory of the Member State of which the employed or self-employed person is a national,

• the employed or self-employed person must produce evidence, when making his claim, either that he has resided in France for at least 10 years, consecutive or not, or that he has been continuously subject to French legislation on a compulsory or optional basis for the same length of time.