Introductory text

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 the proposal from the Commission, drawn up after consulting the Administrative Commission on Social Security for Migrant Workers^f1,

Having regard to the opinion of the European Parliament^f2,

Having regard to the opinion of the Economic and Social Committee^f3,

Whereas there is a need for certain amendments to be made to Regulations (EEC) No 1408/71^f4 and (EEC) No 574/72^f5; whereas some of these amendments relate to changes made by the Member States to their social security legislation while others are of a technical nature and are designed to refine the said Regulations;

Whereas, in order to facilitate temporary residence and access to treatment with the authorization of the competent institution in European Union territory, the benefit of Article 22 (1) (a) and (c) should be extended to all nationals of Member States who are insured under the legislation of a Member State and to the members of their families residing with them, even if they are neither employed nor self-employed;

Whereas in so far as the totally unemployed person referred to in Article 71 (1) () (ii) or (b) (ii) is entitled to benefits for sickness and maternity and to family benefits provided by the competent institution of the Member State in whose territory he resides, as well as to credits for periods of total unemployment conferring entitlement as regards invalidity and old age provided by the said institution, in accordance with the legislation applied by that State (Articles 25 (2), 39 (6), 45 (6) and 72a of Regulation (EEC) No 1408/71) it follows that the Member State of residence should be able to deduct the contributions for these benefits where necessary, and consequently provisions should be introduced to enable the State to make such deductions if its own legislation so provides;

Whereas it would appear necessary to ensure that a family does not lose rights to family benefits because the timelimit for claims is too short, and for this purpose Article 86 of Regulation (EEC) No 1408/71 should be amended;

Whereas, for reasons of efficacy, it would be preferable to group together all the transitional provisions concerning special non-contributory benefits in a new Article 95b of Regulation (EEC) No 1408/71;

Whereas certain amendments should be made to headings ‘G. IRELAND’ and ‘O. UNITED KINGDOM’ in Annex I, part II to Regulation (EEC) No 1408/71 to take account of the interpretation given by the Irish and United Kingdom authorities to the concept of ‘member of the family;’

Whereas it is necessary to add to Annex Ha to Regulation (EEC) No 1408/71 under the heading ‘B. DENMARK’ a flat-rate rehabilitation allowance, which constitutes a non-exportable special non-contributory benefit;

Whereas it is necessary to delete the ‘entry compensatory cost-of-living allowance’ in Annex IIa under heading ‘I. LUXEMBOURG’ since that allowance no longer exists in Luxembourg legislation;

Whereas, as a result of an agreement concluded between the Greek and German authorities, an addition should be made to Annex III, Part B, point 30 to Regulation (EEC) No 1408/71;

Whereas it would appear necessary to adapt heading ‘F. GREECE’ of Annex VI to Regulation (EEC) No 1408/71 as a result of the restructuring of social insurance and of various amendments made to Greek legislation;

Whereas in view of the possibility for insured persons to change more frequently from one sickness insurance institution to another, it is necessary to amend Articles 17 (2) and 30 (1) of Regulation (EEC) No 574/72 for the purpose of extending to German, Italian and Portuguese institutions a specific provision already provided for in respect of French institutions;

Whereas Article 95 of Regulation (EEC) No 574/72 should be amended to bring a little closer the fixed amount to be reimbursed and the amount of the actual expenditure incurred by the institutions of the Member States; whereas provision should be made for a transitional period for relations with the French Republic in view of the administrative difficulties which might be encountered by that State;

Whereas the wording of Article 107 (1) of Regulation (EEC) No 574/72 should be amended to take account of the amendments that have been made by Regulations (EEC) No 2195/91^f6, (EEC) No 1248/92^f7 and (EEC) No 1249/92^f8;

Whereas following administrative changes in Denmark, heading ‘B. DENMARK’ of Annexes 2, 3, 4 and 10 to Regulation (EEC) No 574/72 should be adjusted accordingly;

Whereas points ‘13. DENMARK — SPAIN’ and ‘15. DENMARK — GREECE’ of Annex 5 to Regulation (EEC) No 574/72 should be adjusted to take account of the agreements concluded by these Member States;

Whereas the said Annex 5 should also be amended as a result of agreements between the Netherlands and Greece and between the Netherlands and the United Kingdom pursuant to Article 36 (3) of Regulation (EEC) No 1408/71;

Whereas it is necessary to adapt the heading ‘A. BELGIUM’ of Annex 10 to Regulation (EEC) No 574/72 for the purpose of mentioning the competent institution referred to in Article 10b of the said Regulation;

Whereas, as a result of administrative reorganization of sickness insurance in Luxembourg, the entries in Annexes 2, 3, 4, 9 and 10 to Regulation (EEC) No 574/72 under the heading ‘I. LUXEMBOURG’ should be amended;

Whereas, as a result of a change in the denomination of the Netherlands Labour Councils, it is necessary to adapt Annexes 2, 3 and 4 to Regulation (EEC) No 574/72 under heading ‘J. THE NETHERLANDS’;

Whereas Article 2 of Regulation (EEC) No 1247/92 and Article 3 of Regulation (EEC) No 1945/93 should be deleted as the content thereof is contained in Regulation (EEC) No 1408/71 itself; whereas in Article 4 of Regulation (EEC) No 1945/93, it is consequently necessary to delete point 10 in which reference is made to the deleted provisions,

HAS ADOPTED THIS REGULATION: