OpenLegislation

Article 2

United Kingdom

Original text. Later amendments are not shown.

Regulation (EEG) No 574/72 shall be amended as follows:

  1. 1..

    the second sentence of Article 17 (2) and the last sentence of Article 30 (1) shall be replaced by the following:

    ‘However, where the said certified statement has been issued by a German, French, Italian or Portuguese institution, it shall be valid only for a period of one year following the date on which it was issued and must be renewed every year.’;

  2. 2..

    Article 95 shall be replaced by the following text:

    ‘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.

    Article 95
    1.

    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.

    2.

    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 %.

    3.

    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.

    4.

    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.

    5.

    The Administrative Commission shall lay down the methods and procedures for determining the calculation factors referred to in paragraphs 3 and 4.

    6.

    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.’;

  3. 3..

    Article 107 (1) shall be replaced by the following:

    ‘1.

    For the purposes of the following provisions:

    (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 of conversion into a national currency of amounts expressed in another national currency shall be the rate calculated by the Commission based on the monthly average during the reference period defined in paragraph 2 of the rates of exchange of these currencies which have been notified to the Commission for the implementation of the European monetary system.’;

  4. 4..

    Annex 2 shall be amended as follows:

    1. (a)

      in heading ‘B. Denmark’, points 2 (a) and 3 (a), the text in the right-hand column shall be replaced by the following:

      ‘Direktoratet for Social Sikring of Bistand (National Office for Social Security and Welfare), København.’;

    2. (b)

      in heading ‘I. LUXEMBOURG’:

      1. (i)

        point 1 shall be replaced by the following:

        ‘1.

        Sickness and maternity

        (a)

        Benefits in kind:

        		Caisse de maladie compétente et/ou union des caisses de maladie (competent sickness fund and/or the sickness funds' association)

        (b)

        Cash benefits:

        		Caisse de maladie compétente (the competent sickness fund)

        ’;

      2. (ii)

        point 6 shall be replaced by the following:

        ‘6.

        Death grants

        For the purpose of implementing Article 66 of the Regulation:Union des caisses de maladie (the sickness funds' association), Luxembourg.

        ’;

    3. (c)

      in point 5 (a) and (b) of heading ‘J. THE NETHERLANDS’, ‘Raad van Arbeid’ shall be replaced in each case by ‘Districtskantoor van de Sociale Verzekeringsbank’ (the local office of the Social Insurance Bank);

  5. 5..

    Annex 3 shall be amended as follows:

    1. (a)

      in heading ‘B. DENMARK’, Section I, points (b) and (c) (i), the text in the right-hand column shall be replaced by the following:

      ‘Direktoratet for Social Sikring og Bistand (National Office for Social Security and Welfare), København.’;

    2. (b)

      in heading ‘I. LUXEMBOURG’, point 1, the text in the right-hand column shall be replaced by the following:

      ‘Caisse de maladie des ouvriers et/ou union des caisses de maladie (the sickness fund for manual workers and/or the sickness fund association).

      Caisse de maladie compétente, selon la législation luxembourgeoise, pour la pension partielle luxembourgeoise et/ou union des caisses de maladie (the sickness fund which, under Luxembourg legislation, is competent for the Luxembourg partial pension and/or the sickness fund association)’;

    3. (c)

      the heading ‘J. THE NETHERLANDS’ shall be amended as follows:

      1. (i)

        in point 3 (c), the text in the right-hand column shall be replaced by the following:

        ‘Bureau voor Duitse zaken (Department of German Affairs), Nijmegen’;

      2. (ii)

        in point 5, in the right-hand column, ‘Raad van Arbeid’ shall be replaced by ‘districtskantoor van de Sociale Verzekeringsbank (local office of the social insurance bank’;

  6. 6..

    Annex 4 shall be amended as follows:

    1. (a)

      in heading ‘B. DENMARK’, in points 1, 2, 3, and 5, the text in the right-hand column shall be replaced by the following:

      ‘Direktoratet for Social Sikring og Bistand (National Office for Social Security and Welfare), København.’;

    2. (b)

      in heading ‘I. LUXEMBOURG’:

      1. (i)

        point 1 shall be replaced by the following:

        ‘

        1.

        Sickness and maternity:

        		Union des caisses de maladie (sickness funds' association), Luxembourg.

        ’;

      2. (ii)

        point 6 shall be replaced by the following:

        ‘6.

        Death grants:

        (a)

        For the purposes of applying Article 66 of the Regulation:

        		Union des caisses de maladie (sickness funds' association), Luxembourg;

        (b)

        In other cases:

        		Institutions referred to in 1 or 3, depending upon which branch of insurance is responsible for the payment of benefit.

        ’;

    3. (c)

      in heading ‘J. THE NETHERLANDS’ in point 2 (c), the text in the right-hand column shall be replaced by the following:

      ‘Bureau voor Duitse zaken (Department of German Affairs), Nijmegen’;

  7. 7..

    Annex 5 s hall be amended as follows:

    1. (a)

      point 16 ‘DENMARK — SPAIN’ shall be replaced by the following:

      ‘16.

      DENMARK — SPAIN

      Agreement of 1 July 1990 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).’;

    2. (b)

      point 18 ‘DENMARK — GREECE’ shall be replaced by the following:

      ‘18.

      DENMARK — GREECE

      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).’;

    3. (c)

      point 62 ‘GREECE — THE NETHERLANDS’ shall be replaced by the following:

      ‘62.

      GREECE — THE NETHERLANDS

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

    4. (d)

      in point 93 ‘THE NETHERLANDS — UNITED KINGDOM’, (d) shall be replaced by the following:

      1. (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.’;

  8. 8..

    in Annex 9, the heading ‘I. LUXEMBOURG’, shall be replaced by the following:

    ‘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.’;

  9. 9..

    Annex 10 shall be amended as follows:

    1. (a)

      in heading ‘A. BELGIUM’ the following point shall be added before point 1:

      ‘For the purposes of applying Article 10b of the implementing Regulation:

      Employed persons:The insurance institution with which the employed person was insured
      Self-employed persons:Institut national d'assurances sociales pour travailleurs indépendants (National Social Insurance Institute for the Self-employed), Brussels

      ’;

    2. (b)

      in heading ‘B. DENMARK’:

      1. (i)

        in points 1,2 and 3, the text in the right-hand column shall be replaced by the following:

        ‘Direktoratet for Social Sikring og Bistand (National Office for Social Security and Welfare), København.’;

      2. (ii)

        point 7 (b) shall be replaced by the following:

        1. (b)

          ‘Cash benefits under Title III, Chapter 1 of the Regulation and benefits under Title III, Chapters 2, 3, 7 and 8 of the Regulation: Direktoratet for Social Sikring og Bistand (National Office for Social Security and Welfare), København.’;

    3. (c)

      in heading ‘I. LUXEMBOURG’, points 8 (a) and 9 (a), the text in the right-hand column shall be replaced by the following:

      ‘Union des caisses de maladie (sickness funds' association), Luxembourg’.