Council Regulation (EEC) No 574/72 of 21 March 1972 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, to self-employed persons and to their families moving within the Community (Consolidated version — OJ No L 28 of 30. 1. 1997, p. 1See annex B.)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 51 and 235 thereof,

Having regard to 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 in particular Article 98 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas there is a need to lay down the procedure for implementing Regulation (EEC) No 1408/71 adapted to the basic rules and to the experience gained in applying these texts over the years;
Whereas it is necessary, in particular, to specify the competent authorities and institutions in each Member State as well as the liaison bodies entitled to exchange information directly between themselves;
Whereas it is necessary to specify the documents to be furnished and to be completed by the persons concerned in order to obtain benefits;
Whereas it is necessary to specify in detail the procedure for implementing the provisions of Regulation (EEC) No 1408/71 concerning the determination of the legislation applicable as well as the provisions concerning the different categories of benefits;
Whereas it is also necessary to specify the conditions for the refund of benefits provided by the institution of one Member State on behalf of the institution of another Member State, and the duties of the Audit Board;
Whereas it is necessary to lay down the methods of application for the procedure to be followed for currency conversion within the framework of the European Monetary System;
Whereas it is necessary, with a view to facilitating communication between the authorities and institutions of the Member State, to provide for the possibility of electronic data processing in connection with the application of Regulation (EEC) No 1408/71;
Whereas it should be made possible for Annexes 1, 4, 5, 6, 7 and 8 to Regulation (EEC) No 574/72 to be amended by means of a regulation adopted by the Commission at the request of the Member State or Member States concerned or their competent authorities and after consultation of the Administrative Commission; whereas the sole aim of amending these Annexes is to incorporate into a Community instrument decisions adopted by the Member State concerned or by their competent authorities,

HAS ADOPTED THIS REGULATION:

TITLE I GENERAL PROVISIONS

Article 1 Definitions

For the purposes of this Regulation:

‘Regulation’ means Regulation (EEC) No 1408/71;
‘implementing Regulation’ means this Regulation;
the definitions in Article 1 of this Regulation have the meaning assigned to them in the said Article.

Article 2 Printed model forms — Information on legislations — Guides

Models of the documents necessary for application of the Regulation and of the implementing Regulation shall be drawn up by the Administrative Commission.

These documents may be transferred between institutions either in paper or other form or by means of telematic services as standardised electronic messages in accordance with Title VIa. The exchange of information by means of telematic services shall be subject to agreement between the competent authorities or the bodies designated by the competent authorities of the sending Member State and those of the receiving Member State.

For the benefit of the competent authorities of each Member State, the Administrative Commission may assemble information on the provisions which come within the scope of this Regulation.

The Administrative Commission shall prepare guides for the purpose of advising persons concerned of their rights and of the administrative formalities to be completed for the exercise of those rights.

The AdvisoryCommittee shall be consulted before such guides are drawn up.

Article 3 (7) Liaison bodies — Communications between institutions and between beneficiaries and institutions

The competent authorities may designate liaison bodies which may communicate directly with each other.

Any institution of a Member State, and any person residing or staying in the territory of a Member State, may make application to the institution of another Member State, either directly or through the liaison bodies.

Decisions and other documents emanating from an institution of a Member State and intended for persons residing or staying in the territory of another Member State may be communicated directly by registered letter with acknowledgement of receipt.

Article 4 (9) Annexes

TITLE II IMPLEMENTATION OF THE GENERAL PROVISIONS OF THE REGULATION

Implementation of Articles 6 and 7 of the Regulation

Article 5 Replacement by the implementing Regulation of arrangements for implementing conventions

Implementation of Article 9 of the Regulation

Article 6 Admission to voluntary or optional continued insurance

Implementation of Article 12 of the Regulation

Article 7 (11) General rules on the application of the provisions designed to prevent overlapping

Article 8 (5) Rules applicable in the case of overlapping of rights to sickness or maternity benefits under the legislation of several Member States

Article 8a Rules applicable in the case of overlapping of rights to sickness benefits, benefits with respect to accidents at work or occupational disease under Greek legislation and the legislation of one or more other Member States

Article 9 (5) Rules applicable in the case of overlapping of rights to death grants under the legislation of several Member States

Article 9a Rules applicable in the case of overlapping of rights to unemployment benefits

Article 10 (12) (13) Rules applicable in the case of overlapping of rights to family benefits or family allowances for employed or self-employed persons

Article 10a (8) Rules applicable where an employed or self-employed person is subject successively to the legislation of several Member States during the same period or part of a period

TITLE III IMPLEMENTATION OF THE PROVISIONS OF THE REGULATIONS FOR DETERMINING THE LEGISLATION APPLICABLE

Implementation of Articles 13 to 17 of the Regulation

Article 10b (9) Formalities pursuant to Article 13 (2) (f) of the Regulation

Article 11 Formalities in the case of the posting elsewhere of an employed person pursuant to Articles 14 (1) and 14b 81) of the Regulation and in the case of Agreements concluded under article 17 of the Regulation

Article 11a Formalities pursuant to Articles 14a (1) and 14b (2) of the Regulation and in the case of Agreements concluded under Article 17 of the Regulation in the case of work carried out in the territory of a Member State other than that in which the person concerned is normally self-employed

Article 12 Special provisions concerning insurance of employed persons under the German social security scheme

Article 12 a (5) Rules applicable in respect of the persons referred to in Articles 14 (2) (b), 14 (3), 14a (2) to (4) and 14c of the Regulation who normally engage in employment and/or self-employment in the territory of two or more Member States

Article 12b Rules applicable in respect of persons referred to in Articles 14e or 14f of the Regulation

Article 13 Exercise of the right of option by persons employed by diplomatic missions and consular posts

Article 14 Exercise of right of option by auxiliary staff of the European Communities

TITLE IV IMPLEMENTATION OF THE SPECIAL PROVISIONS OF THE REGULATION RELATING TO THE VARIOUS CATEGORIES OF BENEFITS

CHAPTER 1 GENERAL RULES FOR THE AGGREGATION OF PERIODS

Article 15 (A) (5) (11)

CHAPTER 2 SICKNESS AND MATERNITY

Implemention of Article 18 of the Regulation

Article 16 Certification of periods of insurance

Implementation of Article 19 of the Regulation

Article 17 (14) Benefits in kind in the case of residence in a Member State other than the competent State

Article 18 Cash benefits in the case of residence in a Member State other than the competent State

Implementation of Article 20 of the Regulation

Article 19 Special provisions for frontier workers and members of their families

Application of the second indent of Article 21 (2) of the Regulation

Article 19a (15) Benefits in kind in the event of a stay in the competent State — Members of the family resident in the Member State other than that in which the employed or self-employed person resides

Implementation of Article 22 of the Regulation

Article 21 Benefits in kind in the case of a stay in a Member State other than the competent State

Article 22 Benefits in kind for employed or self-employed persons who transfer their residence or return to their country of residence, and for employed or self-employed persons authorized to go to another Member State for medical treatment

Article 23 Benefits in kind for members of the family

Article 24 Cash benefits for employed or self-employed persons in the case of a stay in a Member State other than the competent State

Implementation of Article 23 (3) of the Regulation

Article 25 Certified statement relating to the members of the family to be taken into account in the calculation of cash benefits

Implementation of Article 25 (1) of the Regulation

Article 26 Benefits for unemployed persons who go to a Member State other than the competent State in order to seek employment there

Implementation of Article 25 (3) of the Regulation

Article 27 Benefits in kind for members of the family of unemployed persons in the case of residence in a Member State other than the competent State

Implementation of Article 26 of the Regulation

Article 28 Benefits in kind for pension claimants and for members of their families

Implementation of Articles 28 and 28a of the Regulation

Article 29 Benefits in kind for pensioners and members of their families who are not resident in a Member State under whose legislation they receive a pension and are entitled to benefits

Implemention of Article 29 of the Regulation

Article 30 (14) Benefits in kind for members of the family who are residentoutside the competent Member State in a Member State other than the State in which the pensioner is resident

Implementation of Article 31 of the Regulation

Article 31 Benefits in kind for pensioners and members of their families staying in a Member State other than the one in which they reside

Implementation of Article 35 (1) of the Regulation

Article32 Institution to which workers in mines and similar undertakings and members of their families may apply when staying or residing in a Member State other than the competent State

Implementation of Article 35 (2) of the Regulation

Article 32a Special schemes applying to certain self-employed persons

Implementation of Article 35 (4) of the Regulation

Article 33 Taking account of the period during which benefits have already been provided by the institution of another Member State

Refund by the competent institution of one Member State of expenses incurred during a stay in another Member State

Article 34 (12)

CHAPTER 3 INVALIDITY, OLD-AGE AND DEATH (PENSIONS)

Submission and investigation of claims for benefits

Article 35 (11) Applications for invalidity benefits where an employed person or a self-employed person has been subject only to the legislations mentioned in part A of Annex IV to the Regulation and also in the case referred to in Article 40 (2) of the Regulation

Article 36 Claims for old-age and survivors' benefits (excluding orphans' benefits) and invalidity benefits in cases not referred to in Article 35 of the implementing Regulation

Article 37 Documents and information which should accompany claims to the benefits referred to in article 36 of the implementing Regulation

Article 38 Certified statements of the members of the family to be taken into account when establishing the amount of the benefit

Article 39 (11) Investigation of applications for invalidity benefits where an employed person or a self-employed person has been subject only to the legislations mentioned in part A of Annex IV to the Regulation

Article 40 Determination of the degree of invalidity

Investigation of claims for benefits in respect of invalidity, old age and survivors in the cases referred to in Article 36 of the implementing Regulation

Article 41 Determination of the investigating institutions

Article 42 Forms to be used for the investigation of claims for benefits

Article 43 Procedure to be followed by the institution concerned in the investigation of a claim

Article 44 Institution empowered to take a decision relating to the degree of invalidity

Article 45 Provisional payment of benefits and advance payments of benefits

Article 46 (11) Amounts due for periods of voluntary insurance or optional continued insurance, which must not be taken into consideration under Article 15 (1) (b) of the implementing Regulation.

Article 47 (11) Calculation of the amounts due corresponding to the periods of voluntary or optional continued insurance

Article 48 (11) Notification to the claimant of the decisions of the institutions

Article 49 (11) Recalculation of benefits

Article 50 Measures designed to accelerate the award of benefits

Administrative checks and medical examinations

Article 51

Article 52

Payment of benefits

Article 53 Method of payment of benefits

Article 54 Notification to the paying body of the detailed schedule of payments to be made

Article 55 Payment of amounts due into the account of the paying body

Article 56 Payment of amounts due by the paying body to persons entitled to benefits

Article 57 Settlement of accounts in respect of the payment referred to in Article 56 of the implementing Regulation

Article 58 Recovery of expenses incurred in the payment of benefits

Article 59 Notification of transfer of residence of the person entitled to benefits

CHAPTER 4 ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES

Implementation of Articles 52 and 53 of the Regulation

Article 60 Benefits in kind in the case of residence in a Member State other than the competent State

Article 61 Cash benefits other than pensions in the case of residence in a Member State other than the competent State

Implementation of Article 55 of the Regulation

Article 62 Benefits in kind in the case of a stay in a Member State other than the competent State

Article 63 Benefits in kind for employed or self-employed persons who transfer their residence or return to their country of residence, and for employed or self-employed persons authorized to go to another Member State for medical treatment

Article 64 Cash benefits other than pensions in the case of a stay in a Member State other than the competent State

Implementation of Articles 52 to 56 of the Regulation

Article 65 Declarations, investigations and exchange of information between institutions to an accident at work sustained in, or an occupational disease contracted in, a Member State other than the competent State

Article 66 Disputes concerning the occupational nature of the accident or disease

Implementation of Article 57 of the Regulation

Article 67 (7) Procedure in the case of exposure to the risk of an occupational disease in several Member States

Article 68 (7) Exchange of information between institutions in the event of an appeal against a decision to reject a claim — Payment of advances in the event of such an appeal

Article 69 (7) Apportionment of the cost of cash benefits in cases of sclerogenic pneumoconiosis

Implementation of Article 58 (3) of the Regulation

Article 70 Certified statement relating to the members of the family to be taken into consideration when calculating cash benefits including pensions

Implementation of Article 60 of the Regulation

Article 71 Aggravation of an occupational disease

Implementation of Article 61 (5) and (6) of the Regulation

Article 72 Assessment of the degree of incapacity in the case of an accident at work sustained previously or subsequently or an occupational disease diagnosed previously or subsequently

Implementation of Article 61 (1) of the Regulation

Article 73 Institutions to which workers in mines and similar undertakings may apply when staying or residing in a Member State other than the competent State

Implementation of Article 62 (2) of the Regulation

Article 74 Taking account of the period during which benefits have already been provided by the institution of another Member State

Submission and investigation of pension claims, excluding pensions in respect of occupational diseases covered by Article 57 of the Regulation

Article 75

Administrative checks and medical examinations

Article 76

Payment of pensions

Article 77

CHAPTER 5 DEATH GRANTS

Implementation of Articles 64, 65 and 66 of the Regulation

Article 78 Submission of a claim for a grant

Article 79 Certified statement of periods

CHAPTER 6 UNEMPLOYMENT BENEFITS

Implementation of Article 67 of the Regulation

Article 80 Certified statement of periods of insurance or employment

Implementation of Article 68 of the Regulation

Article 81 Certified statement for the calculation of benefits

Article 82 Certified statement relating to the members of the family to be taken into consideration for the calculation of benefits

Implementation of Article 69 of the Regulation

Article 83 Conditions and limits for the retention of the right to benefits when an unemployed person goes to another Member State

Implementation of Article 71 of the Regulation

Article 84 Unemployed persons who were formerly employed and who, during their last employment, were residing in a Member State other than the competent State

CHAPTER 7 (8) FAMILY BENEFITS

Implementation of Article 72 of the Regulation

Article 85 (A) Certified statement of periods of employment or self-employment

Implementation of Articles 73 and 75 (1) and (2) of the Regulation (8)

Article 86 (8)

Article 87 (8)

Implementation of Article 74 of the Regulation

Article 88 (8)

Article 89 (8)

CHAPTER 8 BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS

Implementation of Articles 77, 78 and 79 of the Regulation

Article 90

Article 91

Article 92

TITLE V FINANCIAL PROVISIONS

Article 93 Refund of sickness and maternity insurance benefits other than those provided for in Articles 94 and 95 of the implementing Regulation

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

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

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

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

Article 98 (8)

Common provisions on refunds

Article 99 Administration costs

Article 100 Late claims

Article 101 (8) Statement of claims

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

Article 103 Compilation of statistical and 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

Common provisions for the payment of cash benefits

Article 106

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

TITLE VI MISCELLANEOUS PROVISIONS

Article 108 Proof of status of seasonal worker

Article 109 Arrangement for payment of contributions

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

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

Article 112

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

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

Article 116 Agreements relating to the recovery of contributions

TITLE VIa PROVISIONS GOVERNING ELECTRONIC DATA PROCESSING

Article 117 Data processing

Article 117a Telematic services

Article 117b Operation of the telematic services

Article 117c Technical Commission on data processing

TITLE VII TRANSITIONAL AND FINAL PROVISIONS

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

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

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

Article 120 Persons who study or receive vocational training

Article 121 Supplementary implementing agreements

Article 122 Special provisions concerning the amendment of the Annexes

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)

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)

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)

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)

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)

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)

ANNEX 7 (A)(B)BANKS(Articles 4 (7), 55 (3) and 122 of the implementing Regulation)

ANNEX 8GRANT OF FAMILY BENEFITS

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)

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)

ANNEX 11 (A) (B) (7)SCHEMES REFERRED TO IN ARTICLE 35 (2) OF THE REGULATION(Article 4 (11) of the implementing Regulation)

Appendix (5)

ANNEX BLISTS OF ACTS AMENDING REGULATIONS (EEC) No 1408/71 AND (EEC) No 574/72