Regulation 1981/2793 - Amendment of Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the EC and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71 - Main contents

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Council Regulation (EEC) No 2793/81 of 17 September 1981 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71

Official Journal L 275 , 29/09/1981 P. 0001 - 0014

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COUNCIL REGULATION (EEC) No 2793/81

of 17 September 1981

amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71

THE COUNCIL OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 51 thereof,

Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1), as last amended by Regulation (EEC) No 196/81 (2), and in particular Article 97 thereof,

Having regard to Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (3), as last amended by Regulation (EEC) No 1981/81 (4),

Having regard to the proposal from the Commission (5), drawn up after consulting the Administrative Commission on Social Security for Migrant Workers,

Having regard to the opinion of the European Parliament (6),

Having regard to the opinion of the Economic and Social Committee (7),

Whereas the experience gained from implementing Regulations (EEC) No 1408/71 and (EEC) No 574/72 has revealed the need to make some improvements to those Regulations; whereas, consequently, the discretionary power of an institution of a Member State should be extended in granting or refusing authorization to a worker going to another Member State to receive appropriate medical treatment;

Whereas it is appropriate to clarify the rules for granting invalidity benefits to unemployed workers who, during their last employment, resided in the territory of a Member State other than the State responsible;

Whereas an institution of the place of stay or residence in one Member State which has provided benefits in kind in respect of an injury occurring within that State on behalf of a competent institution in another Member State should have a right to subrogation or direct action, provided for under its own legislation, against the third party liable for that injury notwithstanding the existence of a waiver agreement on reimbursement between the two Member States;

Whereas concordance no longer exists in the conditions relating to the state of invalidity between Italian and Belgian legislation on the one hand, and between Italian and Luxembourg legislation on the other;

Whereas changes in Belgian legislation have made it necessary to amend Annex V to Regulation (EEC) No 1408/71 so as to facilitate the award of family allowances by that country;

Whereas the extension of the scope in relation to persons of the supplementary pension scheme for employed persons in Denmark makes it possible to adopt the latter as a reference scheme in order to identify those persons entitled to benefits under this Regulation who are subject to schemes applicable to all persons who are resident in that Member State;

Whereas the detailed rules for calculating the Danish theoretical amount and the pro rata pension amount should be specified so as to take into account the fact that the Danish pension may be calculated on the basis of periods other than those taken into account by the other Member States;

Whereas it is necessary to make provision in the said Annex V enabling German institutions to take account of periods completed in...

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