Regulation 1993/1945 - Amendment of 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 EC, Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 and Regulation (EEC) No 1247/92 - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1993/1945
Original proposal	COM(1992)315
CELEX number i	31993R1945

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic 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 (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas there is a need for certain amendments to be made to Regulations (EEC) No 1408/71 (4), (EEC) No 574/72 (5), and (EEC) No 1247/92 (6); 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 there is a need for certain amendments to be made to section ‘G. Ireland’, in Part I of Annex I to Regulation (EEC) No 1408/71 in order to take account of the interpretation by the Irish authorities of the term ‘self-employed person’;

Whereas it has become necessary to adapt section ‘G. Ireland’, in Annex VI to Regulation (EEC) No 1408/71 as a result of amendments to Irish legislation on sickness and maternity benefits;

Whereas, as a result of changes to the Netherlands rules on statutory health insurance for pensioners, for those drawing early retirement pensions and for the family members of employed and self-employed persons, there is a need to amend section ‘J. Netherlands’ in Annex VI to Regulation (EEC) No 1408/71;

Whereas it would appear necessary to clarify the application, in particular as regards equality of the sexes, of the provisions in Netherlands legislation relating to the taking into account of periods of marriage of a worker's spouse for entitlement to an old-age pension for that spouse; whereas there is a need therefore to specify the scope of the entries in section ‘J. Netherlands’ in Annex VI to Regulation (EEC) No 1408/71;

Whereas it has become necessary to specify, in section ‘J. Netherlands’ in Annex VI to Regulation (EEC) No 1408/71, the requirement that a Netherlands worker posted abroad must pay at least the minimum contribution for his Netherlands spouse to be able to be taken into consideration under the general old-age insurance scheme;

Whereas there is a need for certain amendments to be made to section ‘J. Netherlands’ in Annex VI to Regulation (EEC) No 1408/71 with a view to preventing the retention of a system whereby contributions continue to be levied for voluntary general old-age insurance and general widows' and orphans' insurance during a period in which the spouse of a worker has an autonomous right to an old-age pension;

Whereas there is a need to make an amendment to section ‘L. United Kingdom’ in Annex VI to Regulation (EEC) No 1408/71 as a result of amendments made to United Kingdom legislation;

Whereas there is a need for a provision apportioning the share of the costs of family benefits where such benefits are, for the same period and the same family member, due from two Member States pursuant to Articles 73 and/or 74 of Regulation (EEC) No 1408/71;

Whereas there is a need to make certain amendments to section ‘B. Denmark’ in Annexes 1, 4 and 10 to Regulation (EEC) No 574/72 in order to take into account new powers of the authorities in Denmark;

Whereas there is a need for heading ‘C. Germany’ in Annex 2 to Regulation (EEC) No 574/72 to be amended to take account of certain...

This text has been adopted from EUR-Lex.

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.