LegalizeCouncil 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
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
The general social Security scheme shall be taken into consideration when calculating the average annual cost of benefits in kind.
F. GREECE
The general social security scheme administered by the ºäñõìá Êïéíùíéêþí Áóöáëßóåùí (IKA) (Social Insurance Institute) shall be taken into consideration when calculating the average annual cost of benefits in kind.
G. IRELAND
The average annual cost of benefits in kind shall be calculated by taking into consideration the benefits in kind (health services) provided by the Health Boards mentioned in Annex 2, in accordance with the provisions of the Health Acts 1947 to 1970.
H. ITALY
The average annual cost of benefits in kind shall be calculated by taking into account the benefits granted by the national health service in Italy.
I. LUXEMBOURG
All sickness funds and the sickness funds' association shall be taken into consideration when calculating the annual average cost of benefits in kind.
J. NETHERLANDS
The general social security scheme shall be taken into consideration when calculating the average annual cost of benefits in kind.
A reduction shall, however, be made to allow for the effects of:
invalidity insurance (arbeidsongeschiktheidsverzekering, WAO);
insurance against special sickness costs (verzekering tegen bijzondere ziektekosten, AWBZ).
K. AUSTRIA
The average annual cost of benefits in kind shall be calculated by taking into consideration the benefits provided by the Gebietskrankenkassen (Regional Funds for Sickness Insurance).
L. PORTUGAL
The annual average cost of benefits in kind is calculated by taking into consideration the benefits provided by the official Health Services.
M. FINLAND
The average annual cost of benefits in kind shall be calculated by taking account the schemes of public health and hospital services and the refunds under the sickness insurance and rehabilitation services provided by Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki.
N. SWEDEN
The annual average cost of benefits in kind is calculated by taking into consideration the benefits provided under the national social insurance scheme.
O. UNITED KINGDOM
The average annual cost of benefits in kind shall be calculated by taking into consideration the benefits provided by the National Health Service of the United Kingdom.
ANNEX 10 (A) (B) (2) (3) (7) (8) (9) (12) (13) (14) (15)
INSTITUTIONS AND BODIES DESIGNATED BY THE COMPETENT AUTHORITIES (Article 4 (10) of the implementing Regulation)
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ANNEX 11 (A) (B) (7)
SCHEMES REFERRED TO IN ARTICLE 35 (2) OF THE REGULATION
(Article 4 (11) of the implementing Regulation)
A. BELGIUM
Scheme extending insurance of medical treatment (benefits in kind) to self-employed persons.
B. DENMARK
None.
C. GERMANY
None.
D. SPAIN
None.
E. FRANCE
None.
F. GREECE
Insurance Fund for Craftsmen and Small Traders (TEBE).
Traders' Insurance Fund.
Sickness Insurance Fund for Lawyers:
(a) Provident Fund of Athens;
(b) Provident Fund of Piraeus;
(c) Provident Fund of Salonika;
(d) Health Fund for Provincial Lawyers (TYAE).
Medical Personnel's Insurance and Pension Fund.
G. IRELAND
None.H. ITALY
None.
I. LUXEMBOURG
None.
J. NETHERLANDS
None.
K. AUSTRIA
None.
L. PORTUGAL
None.
M. FINLAND
None.
N. SWEDEN
None.
O. UNITED KINGDOM
None.
Appendix (5)
Article 95 (14)
Refund of benefits in kind provided under sickness and maternity insurance to pensioners and to members of their families who are not resident in a Member State under whose legislation they receive a pension and are entitled to benefits
The amount of the benefits in kind provided pursuant to Articles 28 (1) and 28a of the Regulation shall be refunded by the competent institutions to the institutions which provided the said benefits, on the basis of a lump sum which is as close as possible to the actual expenditure incurred.
The lump sum shall be determined by multiplying the annual average per capita cost by the average annual number of pensioners and members of their families to be taken into account and by reducing the resultant amount by 20 %.
The factors necessary for the calculation of the said lump sum shall be determined according to the following rules:
(a) the average annual per capita cost shall be obtained for each Member State, by dividing the annual costs of the total 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 and members of their families; 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 and members of their families to be taken into account shall be equal to the average annual number of pensioners and members of their families 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.
The number of pensioners and members of their families to be taken into account in accordance with paragraph 3 (b) shall be determined by means of a list kept for that purpose by the institution of the place of residence, based upon documentary evidence supplied by the competent institution of the rights of the persons concerned. In the event of any dispute, the observations of the institutions involved shall be submitted to the Audit Board provided for in Article 101 (3) of the implementing Regulation.
The Administrative Commission shall lay down the methods and procedures for determining the calculation factors referred to in paragraphs 3 and 4.
Two or more Member States or the competent authorities of those Member States may, after receiving the opinion of the Administrative Commission, agree to introduce other methods of assessing the amounts to be refunded.
(1) OJ No L 136, 19. 5. 1992, p. 7.
(2) OJ No L 136, 19. 5. 1992, p. 1.
(3) This Article shall continue to apply until 1 January 1998. However, in relations with the French Republic, it shall continue to apply until 1 January 2002. See Appendix.
(4) OJ No L 355, 16. 12. 1986, p. 5.
(5) This Article shall apply from 1 January 1998. However, in relations with the French Republic, it shall apply from 1 January 2002.
ANNEX B
LISTS OF ACTS AMENDING REGULATIONS (EEC) No 1408/71 AND (EEC) No 574/72
A. Act of Accession of Spain and Portugal (OJ No L 302, 15. 11. 1985, P.23)
B. Act of Accession of Austria, Finland and Sweden (OJ No C 241, 29. 8. 1994, p. 9) as adjusted by Council Decision 95/1/EC (OJ No L 1, 1. 1. 1995, p. 1)
Made up to date by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22. 8. 1983, p. 6)
Council Regulation (EEC) No 1660/85 of 13 June 1985 amending 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 (OJ No L 160, 20. 6. 1985, p. 1; Spanish text: DO Edicíon especial, 1985 (05.V4), p. 142; Portuguese text; OJ DO Edição Especial, 1985 (05. F4), p. 142; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 61; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p.61)
Council Regulation (EEC) No 1661/85 of 13 June 1985 laying down the technical adaptations to the Community rules on social security for migrant workers with regard to Greenland (OJ No L 160, 20. 6. 1985, p. 7; Spanish text: DO Edicíon especial, 1985 (05.04), p. 148; Portuguese text: OJ Edição Especial, 1985 (05.04), p. 148; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 67; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 67)
Commission Regulation (EEC) No 513/86 of 26 February 1986 amending Annexes 1, 4, 5 and 6 to Council Regulation (EEC) No 574/72 laying down the procedure for implementing 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 (OJ No L 51, 28. 2. 1986, p. 44; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 73; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 73)
Council Regulation (EEC) No 3811/86 of 11 December 1986 amending 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 (OJ No L 355, 16. 12. 1986, p. 5; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 86; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 86)
Council Regulation (EEC) No 1305/89 of 11 May 1989 amending 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 (OJ No L 131, 13. 5. 1985, p. 1; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 143; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 143)
Council Regulation (EEC) No 2332/89 of 18 July 1989 amending 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 (OJ No L 224, 2. 8. 1989, p. 1; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 154; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 154)
Council Regulation (EEC) No 3427/89 of 30 October 1989 amending 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 (OJ No L 331, 16. 11. 1989, p. 1; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 165; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 165)
Council Regulation (EEC) No 2195/91 of 25 June 1991 amending 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 (OJ No L 206, 29. 7. 1991, p. 2; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 46; Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 46)
Council Regulation (EEC) No 1247/92 of 30 April 1992 amending 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 (OJ No L 136, 19. 5. 1992, p. 1; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 124; Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 124)
Council Regulation (EEC) No 1248/92 of 30 April 1992 amending 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 (OJ No L 136, 19. 5. 1992, p. 7; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 130; Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 130)
Council Regulation (EEC) No 1249/92 of 30 April 1992 amending 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 (OJ No L 136, 19. 5. 1992, p. 28; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 151; Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 151)
Council Regulation (EEC) No 1945/93 of 30 June 1993 amending 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, Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 and Regulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71 (OJ No L 181, 23. 7. 1993, p. 1; Swedish text: EGT, Specialutgåva 1994, område 05 (06), p. 63; Finnish text: EYVL:n erityispainos 1994, alue 05 (06), p. 63)
Council Regulation (EC) No 3095/95 of 22 December 1995 amending 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, Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71, Regulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71 and Regulation (EEC) No 1945/93 amending Regulation (EEC) No 1247/92 (OJ No L 335, 30. 12. 1995, p. 1)
Council Regulation (EC) No 3096/95 of 22 December 1995 amending 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 (OJ No L 335, 30. 12. 1995, p. 10)
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