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

Article 94 Refund of benefits in kind provided under sickness and maternity insurance to the members of the family of an employed or self-employed person not residing in the same Member State as the latter

(a) the average annual cost per family shall be obtained, for each Member State, by dividing the annual expenditure on all the benefits in kind provided by the institutions of that Member State to all the members of the families of employed or self-employed persons who are subject to the legislation of the said Member State, under the social security schemes to be taken into consideration, by the average annual number of such employed or self-employed persons with members of the family; the social security schemes to be taken into consideration for that purpose are specified in Annex 9 to the implementing Regulation;

(b) in dealings between the institutions of two Member States, the average annual number of families to be taken into account shall be equal to the average annual number of employed or self-employed persons who are subject to the legislation of one of those Member States and the members of whose families are entitled to benefits in kind to be provided by an institution of the other Member States.

Article 95 (3) Refund on benefits in kind provided under sickness and maternity insurance to pensioners and to members of their families who do not reside in a Member State under whose legislation they receive a pension and are entitled to benefits

(a) the average annual cost per pensioner shall be obtained, for each Member State, by dividing the annual expenditure on all the benefits in kind provided by the institutions of that Member State to all pensioners whose pensions are payable under the legislation of that Member State, under the social security schemes to be taken into consideration, and to members of their families, by the average annual number of pensioners; the social security schemes to be taken into consideration for that purpose are specified in Annex 9;

(b) in dealings between the institutions of two Member States, the average annual number of pensioners to be taken into account shall be equal to the average annual number of pensioners referred to in Article 28 (2) of the Regulation who, whilst residing in the territory of one of the Member States, are entitled to benefits in kind chargeable to the institution of the other Member State.

Implementation of Article 63 (2) of the Regulation

Article 96 Refund of benefits in kind provided under insurance schemes for accidents at work and occupational diseases by the institution of one Member State on behalf of the institution of another Member State

For the purposes of implementing the provisions of Article 63 (2) of the Regulation, the provisions of Article 93 of the implementing Regulation shall apply by analogy.

Implementation of Article 70 (2) of the Regulation

Article 97 Refund of unemployment benefits paid to unemployed persons going to another State to seek employment there

• having received the opinion of the Administrative Commission, agree on other methods of determining the amounts to be refunded, in particular lump sums, or other methods of payment,

or

• waive all refunds between institutions.

Article 98 (8)

. . . . . .

Common provisions on refunds

Article 99 Administration costs

Two or more Member States or the competent authorities of those Member States may, in accordance with the provisions of the third sentence of Article 84 (2) of the Regulation, agree to increase the amount of the benefits referred to in Articles 93 to 98 of the implementing Regulation by a specific percentage in order to take into account administration costs. That percentage may vary in accordance with the benefits concerned.

Article 100 Late claims

Article 101 (8) Statement of claims

Article 102 (8) Functions of the Audit Board - Refund procedure

(a) collect the necessary data and arrange for the calculations required for the implementation of the present Title;

(b) give the Administrative Commission periodic accounts of the results of the implementation of the Regulations, in particular as regards the financial aspect;

(c) make any useful suggestions it may have to the Administrative Commission in connection with the provisions of subparagraphs (a) and (b);

(d) submit to the Administrative Commission proposals on the observations forwarded to it in accordance with Articles 94 (4) and 95 (4) of the implementing Regulation;

(e) lay before the Administrative Commission proposals relating to the implementation of Article 101 of the implementing Regulation;

(f) carry out all work, studies or assignments on matters referred to it by the Administrative Commission.

Article 103 Compilation of statistical and accounting data

The competent authorities of the Member States shall take all the necessary measures for the implementation of the present Title, in particular those necessitating the compilation of statistical or accounting data.

Article 104 (8) Entry in Annex 5 of agreements on refunds between Member States or the competent authorities of the Member States

Costs of administrative checks and medical examinations

Article 105

Such agreements shall be entered in Annex 5 to the implementing Regulation. Agreements in force on the day preceding the entry into force of the Regulation shall continue to apply provided that they are included in the said Annex.

Common provisions for the payment of cash benefits

Article 106

The competent authorities of every Member State shall notify the Administrative Commission, within the time limits allowed and in accordance with the procedures laid down by that Commission, of the amount of cash benefits paid by the institutions falling within their jurisdiction to recipients residing or staying in the territory of any other Member State.

Article 107 (9) (11) (12) (14) Currency conversion

(a) Regulation: Article 12 (2), (3) and (4), Article 14d (1), Article 19 (1) (b), last sentence, Article 22 (1) (ii), last sentence, Article 25 (1) (b) penultimate sentence, Article 41 (1) (c) and (d), Article 46 (4), Article 46a (3), Article 50, Article 52 (b) last sentence, Article 55 (1) (ii), last sentence, Article 70 (1), first subparagraph, Article 71 (1) (a) (ii) and (b) (ii), penultimate sentence;

(b) implementing Regulation: Article 34 (1), (4) and (5);

the rate for the conversion into a national currency of amounts denominated in another national currency shall be the rate calculated by the Commission and based on the monthly average, during the reference period specified in paragraph 2, of rates of exchange of such currencies which are communicated to it for the application of the European Monetary System.

• January for rates of conversion applicable from 1 April following,

• April for rates of conversion applicable from 1 July following,

• July for rates of conversion applicable from 1 October following,

• October for rates of conversion applicable from 1 January following.

TITLE VI MISCELLANEOUS PROVISIONS

Article 108 Proof of status of seasonal worker

In order to prove that he is a seasonal worker, the employed person covered by Article 1 (c) of the Regulation shall be required to submit his contract of employment stamped by the employment services of the Member State in whose territory he has gone to work or has worked. If no seasonal employment contract is concluded in that Member State, the institution of the country of employment shall, where appropriate, issue, in the case of a claim for benefits, a certificate attesting that, on the basis of information supplied by the person concerned, the work which he is doing or has done is of a seasonal nature.

Article 109 Arrangement for payment of contributions

The employer who has no place of business in the Member State in whose territory the employed person is employed may agree with the latter that he shall assume the obligations of the employer with regard to the payment of contributions.

The employer shall notify the competent institution or, where necessary, the institution designated by the competent authority of the said Member State of any such arrangement.

Article 110 Mutual administrative aid relating to the recovery of benefits which were not due

If the institution of a Member State which provided benefits intends to take action against a person who has received benefits which were not due to him, the institution of the place of residence of such person, or the institution designated by the competent authority of the Member State in whose territory that person resides, shall lend its good offices to the first institution.

Article 111 Recovery by social security institutions of payments not due, and claims by assistance bodies

When a member of the family of a person to whom the Regulation applies has received assistance in the territory of a Member State during a period in which the said person was entitled to benefits under the legislation of another Member State in respect of the member of the family concerned, the body which gave the assistance may, if it is legally entitled to reclaim the benefits due to the said person in respect of the member of the family concerned, request the institution of any other Member State responsible for the payment of such benefits in favour of that person to deduct the amount of assistance paid from the amounts which the latter pays to the said person in respect of the member of the family concerned.

The institution responsible for payment shall make the deduction under the conditions and within the limits provided for such setting-off by the legislation which it administers, and shall transfer the amount deducted to the creditor body.

Article 112

When an institution has made payments which are not due, either directly or through another institution, and when their recovery has become impossible, the amounts in question shall remain finally chargeable to the first institution, save where the payment which was not due is the result of fraud.

Article 113 Recovery of benefits in kind provided but not due to persons employed in international transport

Article 114 Provisional payments of benefits in cases of dispute over the legislation to be applied or the institution which should provide benefits

In the case of a dispute between the institutions or competent authorities of two or more Member States, either as to which legislation should apply under Title II of the Regulation, or as to which institution should provide the benefits, the person concerned who could claim benefits if there were no dispute shall provisionally receive the benefits provided for by the legislation administered by the institution of the place of residence or, if the person concerned does not reside in the territory of one of the Member States concerned, the benefits provided for by the legislation administered by the institution to which his claim was submitted in the first instance.

Article 115 Procedures for medical examinations carried out in a Member State other than the competent State

The institution of the place of stay or residence which is required under Article 87 of the Regulation to carry out a medical examination, shall act in accordance with the procedures laid down by the legislation which it administers.

In the absence of such procedures, it shall apply to the competent institution for information on the procedures to be applied.

Article 116 Agreements relating to the recovery of contributions

Article 117 Data processing

TITLE VII TRANSITIONAL AND FINAL PROVISIONS

Article 118 (6) (12) Transitional provisions relating to pensions for employed persons

(a) for the period prior to 1 October 1972 or to the date of implementation of the implementing Regulation in the territory of the Member State concerned, in accordance with the Regulation or agreements in force between the Member States concerned.

(b) for the period commencing on 1 October 1972 or on the date of implementation of the implementing Regulation in the territory of the Member State concerned, in accordance with the Regulation.

However, if the amount calculated pursuant to the provisions referred to under (a) is greater than that calculated pursuant to the provisions referred to under (b), the person concerned shall continue to be entitled to the amount calculated pursuant to the provisions referred to under (a).

Article 119 (6) (12) Transitional provisions relating to pensions for self-employed persons

TEXT CONTINUED UNDER DOC.NUM: 397R0118.6

(a) for the period prior to 1 July 1982 or to the date of implementation of the implementing Regulation in the territory of the Member State concerned, in accordance with the Regulation or agreements in force between the Member States concerned before that date;

(b) for the period commencing on 1 July 1982 or on the date of implementation of the implementing Regulation in the territory of the Member State concerned, in accordance with the Regulation.

However, if the amount calculated pursuant to the provisions referred to under (a) is greater than that calculated pursuant to the provisions referred to under (b), the person concerned shall continue to be entitled to the amount calculated pursuant to the provisions referred to under (a).

Article 119a (5) Transitional provisions relating to pensions for the purpose of applying the last part of Article 15 (1) (a) of the implementing Regulation

(a) for the period prior to 1 January 1987, in accordance with the provisions of the Regulation or of agreements in force between the Member States concerned;

(b) for the period commencing on 1 January 1987, in accordance with the provisions of the Regulation.

If, however, the amount calculated in pursuance of the provisions referred to under (a) is greater than that calculated in pursuance of the provisions referred to under (b), the person concerned shall continue to be entitled to the amount calculated in pursuance of the provisions referred to under (a).

Article 120 (8)

. . . . . .

Article 121 Supplementary implementing agreements

Article 122 Special provisions concerning the amendment of certain Annexes

Annexes 1, 4, 5, 6, 7 and 8 to the implementing Regulation may be amended by a Commission Regulation at the request of the Member State or Member States concerned or their competent authorities, after the opinion of the Administrative Commissions has been obtained.

ANNEX 1 (A) (B) (3) (4) (9) (13) (15)

COMPETENT AUTHORITIES

(Article 1 (1) of the Regulation, and Articles 4 (1) and 122 of the implementing Regulation)

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ANNEX 2 (A) (B) (2) (3) (7) (8) (9) (13) (14) (15)

COMPETENT INSTITUTIONS (Article 1 (o) of the Regulation and Article 4 (2) of the implementing Regulation)

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ANNEX 3 (A) (B) (2) (3) (7) (9) (12) (13) (14) (15)

INSTITUTIONS OF THE PLACE OF RESIDENCE AND INSTITUTIONS OF THE PLACE OF STAY (Article 1 (p) of the Regulation and Article 4 (3) of the implementing Regulation)

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ANNEX 4 (A) (B) (2) (3) (7) (9) (12) (13) (14) (15)

LIAISON BODIES (Articles 3 (1), 4 (4) and 122 of the implementing Regulation)

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ANNEX 5 (A) (B) (4) (7) (9) (12) (13) (14) (15)

IMPLEMENTING PROVISIONS OF BILATERAL CONVENTIONS WHICH REMAIN IN FORCE

(Articles 4 (5), 5, 53 (3), 104, 105 (2), 116, 121 and 122 of the implementing Regulation)

General observations

I. Whenever the provisions set out in this Annex refer to the provisions of Conventions or of Regulations No 3, No 4 or No 36/63/EEC, those references shall be replaced by references to the corresponding provisions of the Regulation or of the implementing Regulation, unless the provisions of those Conventions remain in force by virtue of their inclusion in Annex II to the Regulation.

II. The denunciation clause contained in a Convention, certain provisions of which are included in this Annex, shall remain in force in respect of the said provisions.

The Arrangement of 23 November 1978 on the reciprocal waiving of reimbursement pursuant to Article 36 (3) (sickness and maternity benefits in kind) of the Regulation and Article 105 (2) (costs of administrative checks and medical examinations) of the implementing Regulation.

(a) Administrative Arrangement No 2 of 20 July 1965 on the implementation of the Complementary Agreement No 3 to the General Convention of 7 December 1957 (payment of pensions for the period prior to the entry into force of the Convention).

(b) Article 9(1) of the Agreement of 20 July 1965 concerning the implementation of Regulations No 3 and No 4 of the Council of the European Economic Community, concerning social security for migrant workers.

(c) The Agreement of 6 October 1964 on the refund of benefits in kind provided to pensioners who were formerly frontier workers, implementing Article 14 (3) of Regulation No 36/63/EEC and Article 73 (4) of Regulation No 4 of the Council of the European Economic Community.

(d) The Agreement of 29 January 1969 on the recovery of social contributions.

(e) The Agreement of 4 December 1975 on the waiving of reimbursement of the amount of benefits provided to unemployed persons.

None.

(a) The Arrangement of 22 December 1951 on the implementation of Article 23 of the Complementary Agreement of 17 January 1948 (workers in mines and similar undertakings).

(b) The Administrative Arrangement of 21 December 1959 supplementing the Administrative Arrangement of 22 December 1951 made pursuant to Article 23 of the Complementary Agreement of 17 January 1948 (workers in mines and similar undertakings).

(c) The Agreement of 8 July 1964 on the refund of benefits in kind provided to pensioners who were formerly frontier workers, implementing Article 14 (3) of Regulation No 36/63/EEC and Article 73 (4) of Regulation No 4 of the Council of the European Economic Community.

(d) The Agreement of 4 July 1984 relating to medical examinations of frontier workers resident in one country and working in the other.

(e) The Agreement of 14 May 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations, adopted pursuant to Article 105 (2) of the implementing Regulation.

(f) The Agreements of 3 October 1977 implementing Article 92 of Regulation (EEC) No 1408/71 (recovery of social security contributions).

(g) The Agreement of 29 June 1979 concerning the reciprocal waiving of reimbursement provided for in Article 70 (3) of the Regulation (costs of unemployment benefit).

(h) The Administrative Arrangement of 6 March 1979 on the procedures for the implementation of the Additional Convention of 12 October 1978 on social security between Belgium and France in respect of its provisions relating to self-employed persons.

(i) The Exchange of letters of 21 November 1994 and 8 February 1995 concerning the procedures for the settlement of reciprocal claims pursuant to Articles 93, 94, 95 and 96 of the implementing Regulation.

None.

The exchange of letters of 19 May and 28 July 1981 concerning Articles 36 (3) and 70 (3) of the Regulation (reciprocal waiving of reimbursement of the costs of benefits in kind and of unemployment benefits under the provisions of Chapters 1 and 6 of Title III of the Regulation) and Article 105 (2) of the implementing Regulation (reciprocal waiving of reimbursement of the costs of administrative checks and medical examinations).

(a) Articles 7, 8, 9, 10, 12, 13, 14, 15, 17, 18, 19, the second and third paragraphs of Article 24 and Article 28 (4) of the Administrative Arrangement of 20 October 1950, as amended by Corrigendum 1 of 10 April 1952, Corrigendum 2 of 9 December 1957 and Corrigendum 3 of 21 February 1963.

(b) Articles 6, 7, 8 and 9 of the Agreement of 21 February 1963 in so far as they concern the implementation of Regulations No 3 and No 4 of the Council of the European Economic Community on social security for migrant workers.

(c) The Agreement of 12 January 1974 for the implementation of Article 105 (2) of the implementing Regulation.

(d) The Agreement of 31 October 1979 for the purposes of Article 18 (9) of the implementing Regulation.

(e) The exchange of letters of 10 December 1991 and 10 February 1992 concerning the reimbursement of reciprocal claims under Article 93 of the implementing Regulation.

(a) ...

(b) ...

(c) The Agreement of 28 January 1961 on the recovery of social security contributions.

(d) The Agreement of 1 August 1975 on the waiver of reimbursement provided for in Article 36 (3) of Council Regulation (EEC) No 1408/71 of 14 June 1971 in the case of expenditure on benefits in kind granted under sickness and maternity insurance to members of the Family of a worker who do not reside in the same country as the worker.

(e) The Agreement of 16 April 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations, adopted pursuant to Article 105 (2) of the implementing Regulation.

(f) ...

(a) Articles 9 to 15 and 17 (4) of the Agreement of 7 February 1964 on family and childbirth allowances.

(b) The Agreement of 21 March 1968 on the collection and recovery of social security contributions, and the Administrative Agreement of 25 November 1970 made pursuant to the said Agreement.

(c) Agreement of 24 December 1980 on sickness insurance (health care), as amended.

(d) The Agreement of 12 August 1982 on insurance for sickness, maternity and invalidity.

None.

None.

Does not apply.

Does not apply.

(a) The exchange of letters of 4 May and 14 June 1976 regarding Article 105 (2) of the implementing Regulation (waiving of reimbursement of the costs of administrative checks and medical examinations).

(b) The exchange of letters of 18 January and 14 March 1977 regarding Article 36 (3) of the Regulation (arrangement for reimbursement or waiving of reimbursement of the costs of benefits in kind provided under the terms of Chapter 1 of Title III of the Regulation) as amended by the exchange of letters of 4 May and 23 July 1982 (agreement for reimbursement of costs incurred under Article 22 (1) (a) of the Regulation).

(a) Articles 8 to 14 of the Arrangement of 4 June 1954 on the implementation of the Convention of 14 August 1953.

(b) The Agreement of 27 April 1979 concerning:

(i) the partial reciprocal waiving of costs of reimbursement provided for in Articles 36 (3) and 63 (3) of the Regulation and the reciprocal waiving of reimbursement provided for in Article 70 (3) of the Regulation and Article 105 (2) of the implementing Regulation (partial waiving of costs of reimbursement in respect of benefits in kind for sickness, maternity, accidents at work and occupational diseases and waiving of costs of reimbursement in respect of unemployment benefit and administrative checks and medical examinations);

(ii) Article 93 (6) of the implementing Regulation (method of assessing the amount to be refunded in respect of benefits in kind for sickness and maternity).

Agreement of 1 July 1980 on the partial reciprocal waiving of reimbursement provided for in Articles 36 (3) and 63 (3) of the Regulation and the reciprocal waiving of reimbursement provided for in Article 105 (2) of the implementing Regulation. (Partial waiving of reimbursement in respect of benefits in kind for sickness, maternity, accidents at work and occupational diseases and waiving of reimbursement in respect of administrative checks and medical examinations).

The Agreement of 29 June 1979 waiving the reimbursement of benefits in kind in respect of sickness, maternity and accidents at work, with the exception of benefits pursuant to Articles 28, 28a, 29 (1) and 31 of the Regulation, the Agreement of 29 June 1979 waiving the reimbursement of unemployment benefits and the Agreement of 29 June 1979 waiving the reimbursement of the costs of administrative checks and medical examinations.

Agreement of 8 May 1986 on the partial reciprocal waiving of reimbursement provided for in Articles 36 (3) and 63 (3) of the Regulation and the reciprocal waiving of reimbursement provided for in Article 105 (2) of the implementing Regulation. (Partial waiving of reimbursement in respect of benefits in kind for sickness, maternity, accidents at work and occupational diseases and waiving of reimbursement in respect of administrative checks and medical examinations).

The exchange of letters of 22 December 1980 and 11 February 1981 on the reciprocal waiving of reimbursement of the costs of benefits in kind granted under insurance for sickness, maternity, accidents at work and occupational diseases, and of unemployment benefits and of the costs of administrative checks and medical examinations (Articles 36 (3), 63 (3), and 70 (3) of the Regulation and Article 105 (2) of the implementing Regulation).

The exchange of letters of 12 November 1982 and 12 January 1983 concerning Article 36 (3) of the Regulation (reciprocal waiving of reimbursement of costs of benefits in kind for sickness and maternity provided under the terms of Chapter 1 of Title III of the Regulation with the exception of Article 22 (1) (c) of the Regulation).

The Agreement of 19 June 1978 concerning the reciprocal waiving of reimbursement provided for in Article 36 (3), 63 (3) and 70 (3) of the Regulation and Article 105 (2) of the implementing Regulation (costs of benefits in kind for sickness, maternity, accidents at work and occupational diseases, costs of unemployment benefit and costs of administrative checks and medical examinations).

(a) The exchange of letters of 30 March and 25 April 1979 regarding Article 36 (3) and 63 (3) of the Regulation (partial reciprocal waiving of reimbursement of costs of benefits in kind for sickness, maternity, accidents at work and occupational diseases).

(b) The exchange of letters of 30 March and 25 April 1979 regarding Article 70 (3) of the Regulation and Article 105 (2) of the implementing Regulation (waiver of reimbursement of costs of benefits paid pursuant to Article 69 of the Regulation and of costs of administrative checks and medical examinations).

Agreement of 13 February 1995 concerning the reimbursement of expenditure in the field of social security.

Does not apply.

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations).

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations).

(a)benefits in kind provided under the terms of Chapter 1 or 4 of Title III of the Regulation;

(b) ...

(c) administrative checks and medical examinations referred to in Article 105 of the implementing Regulation).

Agreement of 25 June 1990 relating to the reimbursement of costs for benefits in kind in the case of sickness.

(a) Artricles 2 to 4 and 22 to 28 of Administrative Arrangement No 2 of 31 January 1952 on the implementation of the General Convention of 10 July 1950.

(b) Article 1 of the Agreement of 27 June 1963 on the implementation of Article 74 (5) of Regulation No 4 (refund of benefits in kind provided to the members of the families of insured persons).

(c) The Agreement of 14 October 1977 concerning the waiving of reimbursement provided for in Article 70 (3) of the Regulation (costs of unemployment benefit).

(d) The Agreement of 26 May 1981 concerning Article 36 (3) of the Regulation (reciprocal waiving of reimbursement of the costs of benefits in kind in case of sickness, provided under Article 32 of the Regulation to pensioners who were formerly frontier workers, to members of their families or to their survivors).

(e) The Agreement of 26 May 1981 implementing Article 92 of the Regulation (collection and recovery of social security contributions).

(f) The Agreement of 26 May 1981 concerning the implementing of Article 105 (2) of the implementing Regulation (reciprocal waiving of reimbursement of the costs of administrative and medical controls).

(a) Articles 1 and 3 to 6 of the Administrative Arrangement of 19 October 1962 and the Second Administrative Arrangement of 23 October 1972 concerning the convention on unemployment insurance of 31 May 1961.

(b) The Agreement of 11 May 1981 concerning the reimbursement of family allowances.

(c) The Agreement of 11 March 1982 on the reimbursement of the costs of benefits in kind for sickness.

The Agreement of 20 March 1981 concerning Articles 36 (3), 63 (3) and 70 (3) of the Regulation (reciprocal waiving of reimbursement of the costs of benefits in kind in respect of sickness, maternity, accidents at work and occupational diseases, and of unemployment benefits) and Article 105 (2) of the implementing Regulation (reciprocal waiving of reimbursement of the costs of administrative and medical controls).

(a) Article 14, Article 17 (1), Articles 18 and 42, Article 45 (1) and Article 46 of the Administrative Arrangement of 6 December 1953 on the implementation of the Convention of 5 May 1953 (payment of pensions).

(b) Articles 1 and 2 of the Agreement of 27 June 1963 on the implementation of Article 73 (4) and 74 (5) of Regulation No 4 (refund of benefits in kind provided to members of the families of insured persons).

(c) The Agreement of 5 November 1968 on the refund, by the German competent institutions, of expenditure incurred in the provision of benefits in kind in Italy by Italian sickness insurance institutions to the member of the families of Italian workers insured in the Federal Republic of Germany.

(a) Articles 1 and 2 of the Agreement of 27 June 1963 on the implementation of Articles 73 (4) and 74 (5) of Regulation No 4 (refund of benefits in kind provided to member of the families of insured persons).

(b) The Agreements of 9 December 1969 on the waiver of the refund, provided for in Article 14 (2) of Regulation No 36/63/EEC, of expenditure incurred in the provisions of benefits in kind for sickness to a pensioner who is either a former frontier worker or the survivor of a frontier worker, and to the members of his family.

(c) The Agreements of 14 October 1975 on the waiving of reimbursement of the costs of administrative checks and medical examinations, adopted pursuant to Article 105 (2) of the implementing Regulation.

(d) The Agreement of 14 October 1975 on the collection and recovery of social security contributions.

(e) The Agreement of 25 January 1990 relating to the application of Articles 20 and 22 (1) (b) and (c) of the Regulation.

(a) Articles 9, 10 (2) to (5), 17, 18, 19 and 21 of Administrative Arrangements No 1 of 18 June 1954 on the Convention of 29 March 1951 (sickness insurance and payment of pensions).

(b) The Agreement of 27 May 1964 on the waiver of the refund of expenditure incurred in medical examinations and administrative checks regarding insurance for invalidity, old-age and survivors (pension insurance).

(c) The Agreement of 21 January 1969 on the recovery of social insurance contributions.

(d) The Agreement of 3 September 1969 on the waiver of the refund, provided for in Article 14 (2) of Regulation No 36/63/EEC, of expenditure incurred in the provision of benefits in kind for sickness to a pensioner who is either a former frontier worker or the survivor of a frontier worker, and to the member of his family.

(e) The Agreement of 22 July 1976 on the waiving of reimbursement of unemployment benefits.

(f) The Agreement of 11 October 1979 implementing Article 92 of the Regulation (minimum amounts stipulated for the recovery of social security contributions).

(g) The Agreement of 1 October 1981 regarding the reimbursements of the cost of benefits in kind referred to in Articles 93, 94 and 95 of the implementing Regulation.

(h) The Agreement of 15 February 1982 on the implementation of Article 20 of the Regulation in respect of members of the families of frontier workers.

Section II, Number 1, and Section III of the Agreement of 2 August 1979 on the implementation of the Convention on unemployment insurance of 19 July 1978.

None.

None.

None.

(a) Articles 8, 9, 25 to 27 and 29 to 32 of the Arrangement of 10 December 1964 on the implementation of the Agreement of 20 April 1960.

(b) The Agreement of 29 April 1977 concerning the waiving of the reimbursement of costs of benefits in kind for sickness, maternity, accidents at work and occupational diseases, costs of unemployment benefit and costs of administrative checks and medical examinations.

(c) The exchange of letters of 18 July and 28 September 1983 relating to the non-application to self-employed persons of agreements concerning the waiver of reimbursement of unemployment benefits paid pursuant to Article 69 of the Regulation, in dealings with Gibraltar.

None.

Does not apply.

Does not apply.

None.

None.

None.

None.

Articles 42, 43 and 44 of the Administrative Arragement of 22 May 1970.

None.

None.

None.

No convention.

The exchange of letters of 30 July and 26 Sepember 1980 concerning reciprocal waiver of the reimbursement of unemployment benefits (Article 70 (3) of the Regulation).

(a) Articles 2 to 4 of the Administrative Arrangement of 12 April 1950 on the implementation of the General Convention of 31 March 1948 (increase of French pensions for accidents at work).

(b) The exchange of letters of 14 May and 2 August 1991 concerning the terms for settling reciprocal claims under Article 93 of the implementing Regulation.

(c) The supplementary exchange of letters of 22 March and 15 April 1994 concerning the procedures for the settlement of reciprocal debts under the terms of Articles 93, 94, 95 and 96 of the implementing Regulation.

(a) The Agreement of 24 February 1962 concluded pursuant to Article 51 of Regulation No 3, and the Administrative Arrangement of the same date made pursuant to the said Agreement.

(b) The Agreement of 2 July 1976 on the waiving of reimbursement, provided for in Article 36 (3) of Council Regulation (EEC) No 1408/71 of 14 June 1971, of the costs of sickness or maternity insurance benefits in kind provided to members of a worker's family who do not reside in the same country as the worker.

(c) The Agreement of 2 July 1976 on the waiving of reimbursement, provided for in Article 36 (3) of Council Regulation (EEC) No 1408/71 of 14 June 1971, of the costs of sickness or maternity insurance benefits in kind provided to former frontier workers, the members of their families or their survivors.

(d) The Agreement of 2 July 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations provided for in Article 105 (2) of Council Regulation (EEC) No 574/72 of 21 March 1972.

(a) . . . .

(b) The Agreement of 28 April 1977 on the waiving of reimbursement of expenses for medical treatment provided to applicants for a pension and members of their families and to members of the families of pensioners within the framework of the Regulations.

(c) The Agreement of 28 April 1977 on the waiving of reimbursement of the costs of administrative checks and medical examinations pursuant to Article 105 of the implementing Regulation.

None.

None.

(a) The exchange of letters of 25 March and 28 April 1977 regarding Articles 36 (3) and 63 (3) of the Regulation (arrangement for reimbursement of waiving of reimbursement of the costs of benefits in kind provided under the terms of Chapter 1 or 4 of Title III of the Regulation).

(b) . . . .

(c) The exchange of letters of 25 March and 28 April 1977 regarding Article 105 (2) of the implementing Regulation (waiving of reimbursement of the costs of administrative checks and medical examinations).

No convention.

No convention.

No convention.

The exchange of letters of 8 September 1992 and 30 June 1993 concerning the methods of reimbursement between institutions.

None.

Does not apply.

None.

None.

No convention.

No convention.

The exchange of letters of 26 September 1975 and 5 August 1976 concerning Articles 36 (3) and 63 (3) of the Regulation and Article 105 (2) of the implementing Regulation (waiving of reimbursement of the costs of benefits in kind provided pursuant to Chapter 1 or 4 of Title III of the Regulation, and of the costs of administrative checks and medical examinations referred to in Article 105 of the implementing Regulation).

(a) The exchange of letters of 28 July and 10 October 1978 regarding Articles 36 (3) and 63 (3) of the Regulation (partial reciprocal waiving of reimbursement of costs of benefits in kind for sickness, maternity, accidents at work and occupational diseases).

(b) The Exchange of Letters of 22 April and 27 July 1987 concerning Article 70 (3) of the Regulation (waiving of costs of reimbursement in respect of benefits awarded in application of Article 69 of the Regulation) and Article 105 (2) of the implementing Regulation (waiving of the reimbursement of the costs of administrative checks and medical examinations referred to in Article 105 of the implementing Regulation).

None.

Does not apply.

Does not apply.

Does not apply.

The exchange of letters of 9 July 1975 regarding Articles 36 (3) and 63 (3) of the Regulation (arrangement for reimbursement or waiving of reimbursement of the costs of benefits in kind provided under the terms of Chapter 1 or 4 of Title III of the Regulation) and Article 105 (2) of the implementing Regulation (waiving of reimbursement of the costs of administrative checks and medical examinations).

Article 4 (5) and (6) of the Administrative Arrangement of 19 January 1955 on the implementing provisions of the General Convention on Social Security (sickness insurance for agricultural workers).

(a) The third paragraph of Article 9 and the third paragraph of Article 11 of the Administrative Arrangement of 11 February 1955 on the implementation of the General Convention of 28 October 1952 (sickness insurance).

(b) The Agreement of 27 June 1963 on the implementation of Article 75 (3) of Regulation No 4 (refund of benefits in kind awarded to pensioners and to members of their families).

None.

Does not apply.

Does not apply.

None.

The exchange of letters of 1 and 16 February 1995 concerning Articles 36 (3) and 63 (3) of the Regulation (reimbursement of waiving of reimbursement of expenditure for benefits in kind) and Article 105 (2) of the implementing Regulation (waiving of reimbursement of the costs of administrative checks and medical examinations).

(a) The Agreement of 1 November 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations adopted pursuant to Article 105 (2) of the implementing Regulation.

(b) The Agreement of 3 February 1977 on the waiving of reimbursement of the costs of sickness or maternity insurance benefits in kind provided pursuant to Articles 19 (2), 26, 28 and 29 (1) of Council Regulation (EEC) No 1408/71 of 14 June 1971.

(c) The Agreement of 20 December 1978 relating to the perception and the recovery of social insurance contributions.

Agreement of 22 June 1995 on the reimbursement of expenditure in the field of social security.

None.

Reimbursement - arrangement of 24 February 1994 under Articles 36 (3) and 63 (3) of the Regulation.

None.

(a) The exchange of letters of 28 November and 18 December 1975 regarding Article 70 (3) of the Regulation (waiving of reimbursement of benefits paid pursuant to Article 69 of the Regulation).

(b) The exchange of letters of 18 December 1975 and 20 January 1976 regarding Articles 36 (3) and 63 (3) of the Regulation and Article 105 (2) of the implementing Regulation (waiving of reimbursement of costs of benefits in kind provided under the terms of Chapter 1 or 4 or Title III of the Regulation, and also of the costs entailed in administrative checks and medical examinations referred to in Article 105 of the implementing Regulation).

(c) The exchange of letters of 18 July and 27 October 1983 relating to the non-application of the agreement detailed at (a) to self-employed persons moving between Luxembourg and Gibraltar.

Agreement of 17 November 1993 on the refund of social security costs.

(a) Articles 33 and 34 of the Administrative Arrangement of 9 May 1980.

(b) The agreement of 11 December 1987 concerning the reimbursement of benefits in kind in the case of sickness and maternity.

Reimbursement - arrangement of 26 January 1994 under Articles 36 (3) and 63 (3) of the Regulation.

None.

(a) The second sentence of Article 3 of the Administrative Arrangement of 12 June 1956 on the implementation of the Convention of 11 August 1954.

(b) The exchange of letters of 8 and 28 January 1976 regarding Article 70 (3) of the Regulation (waiving of reimbursement of benefits provided pursuant to Article 69 of the Regulation).

(c) The exchange of letters of 18 July and 18 October 1983 relating to the non-application of the agreement detailed at (b) to self-employed persons moving between the Netherlands and Gibraltar.

(d) The exchange of letters of 25 April and 26 May 1986 concerning Article 36 (3) of the Regulation (reimbursement or waiver of reimbursement of expenditure for benefits in kind), as amended.

None.

Agreement of 23 June 1994 on the reimbursement of expenditure in the field of social security.

Arrangement of 22 December 1993 on the reimbursement of costs in the field of social security.

(a) Article 18 (1) and (2) of the Arrangement of 10 November 1980 for the implementation of the Convention on social security of 22 July 1980 as amended by Supplementary Arrangements No 1 of 26 March 1986 and No 2 of 4 June 1993 with regard to persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.

(b) Article 18 (1) of the said Arrangement with regard to persons who can claim treatment under Chapter 1 of Title III of the Regulation on the understanding that for Austrian nationals resident in the territory of Austria and for nationals of the United Kingdom resident in the territory of the United Kingdom (with the exception of Gibraltar) the relevant passport shall replace the form E 111 for all benefits covered by that form.

(c) Agreement of 30 November 1994 concerning the reimbursement of expenditure for social security benefits.

Does not apply.

None.

Articles 3 and 4 of the Annex to the Administrative Arrangement of 31 December 1981 for the application of the Protocol on medical treatment of 15 November 1978.

Article 23 of the Nordic Convention on social security of 15 June 1992: agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations).

None.

None.

ANNEX 6 (A) (B) (4) (7) (9) (13)

PROCEDURE FOR THE PAYMENT OF BENEFITS

(Articles 4 (6), 53 (1) and 122 of the Implementing Regulation)

General observation

Payments of arrears and other single payments shall in principle be made through the liaison bodies. Current and sundry payments shall be made in accordance with the procedure set out in this Annex.

A. BELGIUM

Direct payment.

B. DENMARK

Direct payment.

C. GERMANY

(a) Dealings with Belgium, Denmark, Greece, Spain, France, Ireland, Italy, Luxembourg, Portugal and the United Kingdom: direct payment;

(b) dealings with the Netherlands: payment through the liaison bodies (joint implementation of Articles 53 to 58 of the Implementing Regulation and of the provisions set out in Annex 5).

(a) dealings with Belgium, Denmark, Spain, France, Greece, Ireland, Italy, Luxembourg, Portugal and the United Kingdom: direct payment;

(b) dealings with the Netherlands: payment through the liaison bodies (joint implementing of Articles 53 to 58 of the Implementing Regulation and of the provisions set out in Annex 5).

(a) dealings with Spain, Greece, Italy, the Netherlands and Portugal: payment through the liaison bodies /joint implementation of Articles 53 to 58 of the implementing Regulation and of the provisions set out in Annex 5);

(b) dealings with Belgium, Denmark, France, Ireland, Luxembourg and the United Kingdom: direct payment, unless otherwise provided for in particular cases.

D. SPAIN

Direct payment.

E. FRANCE

F. GREECE

Direct payment.

G. IRELAND

Direct payment.

H. ITALY

(a) Employed persons:

(a) dealings, with Belgium, Denmark, Spain, France (excluding the French Miners' Funds), Greece, Ireland, Luxembourg, the Netherlands, Portugal and the United Kingdom: direct payment;

(b) dealings with the Federal Republic of Germany and the French Miners' Funds: payment through liaison bodies;

(b) Self-employed persons: direct payment.

I. LUXEMBOURG

Direct payment.

J. NETHERLANDS

K. AUSTRIA

Direct payment.

L. PORTUGAL

Direct payment.

M. FINLAND

Direct payment.

N. SWEDEN

Direct payment.

O. UNITED KINGDOM

Direct payment.

ANNEX 7 (A)(B)

BANKS

(Articles 4 (7), 55 (3) and 122 of the implementing Regulation)

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ANNEX 8 (B) (12) (13)

GRANT OF FAMILY BENEFITS

(Articles 4 (8), 10a (d) and 122 of the implementing Regulation)

Article 10a (d) of the implementing Regulation is applicable to:

A. Employed persons and self-employed persons

(a) with a reference period of one calendar month in dealings between:

• Belgium and Germany,

• Belgium and Spain,

• Belgium and France,

• Belgium and Greece,

• Belgium and Ireland,

• Belgium and Luxembourg,

• Belgium and Austria,

• Belgium and Portugal,

• Belgium and Finland,

• Belgium and Sweden,

• Belgium and the United Kingdom,

• Germany and Spain,

• Germany and France,

• Germany and Greece,

• Germany and Ireland,

• Germany and Luxembourg,

• Germany and Austria,

• Germany and Portugal,

• Germany and Finland,

• Germany and Sweden,

• Germany and the United Kingdom,

• Spain and Austria,

• Spain and Finland,

• Spain and Sweden,

• France and Luxembourg,

• France and Austria,

• France and Finland,

• France and Sweden,

• Ireland and Austria,

• Ireland and Sweden,

• Luxembourg and Austria,

• Luxembourg and Finland,

• Luxembourg and Sweden,

• the Netherlands and Austria,

• the Netherlands and Finland,

• the Netherlands and Sweden,

• Austria and Portugal,

• Austria and Finland,

• Austria and Sweden,

• Austria and the United Kingdom,

• Portugal and France,

• Portugal and Ireland,

• Portugal and Luxembourg,

• Portugal and Finland,

• Portugal and Sweden,

• Portugal and the United Kingdom,

• Finland and Sweden,

• Finland and the United Kingdom,

• Sweden and the United Kingdom.

(b) with a reference period of a quarter of a calendar year in dealings between:

• Denmark and Germany,

• the Netherlands and Germany, Denmark, France, Luxembourg, Portugal.

B. Self-employed persons

With a reference period of a quarter of a calendar year in dealings between:

• Belgium and the Netherlands.

C. Employed persons

With a reference period of one calendar month in dealing between:

• Belgium and the Netherlands.

ANNEX 9 (A) (B) (2) (12) (14)

CALCULATION OF THE AVERAGE ANNUAL COST OF BENEFITS IN KIND

(Articles 4 (9), 94 (3) (a) and 95 (3) (a) of the implementing Regulation)

A. BELGIUM

The general social security scheme shall be taken into consideration when calculating the average annual cost of benefits in kind.

However, for the purposes of applying Articles 94 and 95 of the implementing Regulation to cases in which Article 35 (2) of the Regulation applies, the scheme for compulsory health care insurance for self-employed persons shall be taken into consideration when calculating the average annual cost of benefits in kind.

B. DENMARK

The average annual costs of benefits in kind shall be calculated by taking into account the schemes set up by the law on the public health service, the law on hospital and, in respect of the cost of rehabilitation, the law on social assistance.

C. GERMANY

The following institutions shall be taken into consideration when calculating the average annual cost of benefits in kind.

(a) Ortskrankenkassen (Local Sickness Funds)

(b) Betriebskrankenkassen (Sickness Funds of Undertakings)

(c) Innungskrankenkassen (Sickness Funds for Trade Guilds)

(d) Bundesknappschaft (Federal Insurance Fund for Miners)

(e) Seekasse (Mariners' Insurance Fund)

(f) Ersatzkassen für Arbeiter (Compensatory Funds for Manual Workers)

(g) Ersatzkassen für Angestellte (Compensatory Funds for Clerical Staff)

(h) Landwirtschaftliche Krankenkassen (Agricultural Sickness Funds)

depending on the fund which provided the benefits.

(a) Ortskrankenkassen (Local Sickness Funds)

(b) Bundesknappschaft (Federal Insurance Fund for Miners)

depending on the fund which provided the benefits.

D. SPAIN

The annual average cost of benefits in kind is calculated by taking into consideration the benefits granted by the National Health Service of Spain.

E. FRANCE