Council Regulation (EEC) No 1390/81 of 12 May 1981 extending to self-employed persons and members of their families Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community
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Change 1
Article 1
Regulation (EEC) No 1408/71 shall be amended as follows: 1. The title shall be replaced by the following: ‘COUNCIL REGULATION (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community’. 2. In Article 1: (a) subparagraphs (a) and (b) be replaced by the following: ‘(a) “employed person” and “self-employed person” mean respectively: (i) any person who is insured, compulsorily or on an optional continued basis, for one or more of the contingencies covered by the branches of a social security scheme for employed or self-employed persons; (ii) any person who is compulsorily insured for one or more of the contingencies covered by the branches of social security dealt with in this Regulation, under a social security scheme for all residents or for the whole working population, if such person: — can be identified as an employed or self-employed person by virtue of the manner in which such scheme is administered or financed, or, — failing such criteria, is insured for some other contingency specified in Annex I under a scheme for employed or self-employed persons, or under a scheme referred to in (iii), either compulsorily or on an optional continued basis, or, where no such scheme exists in the Member State concerned, complies with the definition given in Annex I; (iii) any person who is compulsorily insured for several of the contingencies covered by the branches dealt with in this Regulation, under a standard social security scheme for the whole rural population in accordance with the criteria laid down in Annex I; (iv) any person who is voluntarily insured for one or more of the contingencies covered by the branches dealt with in this Regulation, under a social security scheme of a Member State for employed or self-employed persons or for all residents or for certain categories of residents: — if such person carries out an activity as an employed or self-employed person, or — if such person has previously been compulsorily insured for the same contingency under a scheme for employed or self-employed persons of the same Member State; (b) “frontier worker” means any employed or self-employed person who pursues his occupation in the territory of a Member State and resides in the territory of another Member State to which he returns as a rule daily or at least once a week; however, a frontier worker who is posted elsewhere in the territory of the same or another Member State by the undertaking to which he is normally attached, or who engages in the provision of services elsewhere in the territory of the same or another Member State, shall retain the status of frontier worker for a period not exceeding four months, even if he is prevented, during that period, from returning daily or at least once a week to the place where he resides;’ (b) in subparagraph (c), first line, ‘any worker’ shall be replaced by ‘any employed person’; (c) subparagraph (f) shall be replaced by the following: ‘(f) “member of the family” means any person defined or recognized as a member of the family or designated as a member of the household by the legislation under which benefits are provided or, in the cases referred to in Article 22 (1) (a) and Article 31, by the legislation of the Member State in whose territory such person resides; where, however, the said legislations regard as a member of the family or a member of the household only a person living under the same roof as the employed or self-employed person, this condition shall be considered satisfied if the person in question is mainly dependent on that person. Where a Member State's legislation on sickness or maternity benefits in kind does not enable members of the family to be distinguished from the other persons to whom it applies, the term “member of the family” shall have the meaning given to it in Annex I;’ (d) in subparagraph (g), sixth and eighth lines, ‘deceased worker’ shall be replaced by ‘deceased’; (e) in subparagraph (j) the following subparagraph shall be inserted after the last subparagraph: ‘The term “legislation” also excludes provisions governing special schemes for self-employed persons the creation of which is left to the initiatives of those concerned or which apply only to a part of the territory of the Member State concerned, irrespective of whether or not the authorities decided to make them compulsory or extend their scope. The special schemes in question are specified in Annex II;’ (f) in the first and second lines of paragraph (r), the words ‘periods of contribution or periods of employment’ shall be replaced by the words ‘periods of contribution or periods of employment or self-employment’; (g) paragraph (s) shall be replaced by the following: ‘(s) “periods of employment” and “periods of self-employment” mean periods so defined or recognized by the legislation under which they were completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of employment or of self-employment;’ (h) in the last line of paragraph (u) (i) ‘Annex I’ shall be replaced by ‘Annex II’. 3. In Article 2: (a) in the first line of paragraph 1, ‘to workers’ shall be replaced by ‘to employed or self-employed persons’; (b) paragraph 2: — in line 2, ‘workers’ shall be replaced by ‘employed or self-employed persons’, — in line 4, ‘such workers’ shall be replaced by ‘such employed or self-employed persons’. 4. In Article 3 (3) in the first line, ‘Annex II’ shall be replaced by ‘Annex III’. 5. In the last line of Article 7 (2) (c), ‘Annex II’ shall be replaced by ‘Annex III’. 6. Article 9 (1) shall be replaced by the following: ‘1. The provisions of the legislation of any Member State which make admission to voluntary or optional continued insurance conditional upon residence in the territory of that State shall not apply to persons resident in the territory of another Member State, provided that at some time in their past working life they were subject to the legislation of the first State as employed or as self-employed persons.’ 7. In the sixth line of Article 10 (2), ‘as a worker’ shall be replaced by ‘as an employed or self-employed person’. 8. Articles 13 and 14 shall be replaced by the following: ‘ Article 13 General rules 1. Subject to Article 14 (c), persons to whom this Regulation applies shall be subject to the legislation of a single Member State only. That legislation shall be determined in accordance with the provisions of this Title. 2. Subject to Articles 14 to 17: (a) a person employed in the territory of one Member State shall be subject to the legislation of that State even if he resides in the territory of another Member State or if the registered office or place of business of the undertaking or individual employing him is situated in the territory of another Member State; (b) a person who is self-employed in the territory of one Member State shall be subject to the legislation of that State even if he resides in the territory of another Member State; (c) a person employed on board a vessel flying the flag of a Member State shall be subject to the legislation of that State; (d) civil servants and persons treated as such shall be subject to the legislation of the Member State to which the administration employing them is subject; (e) a person called up or recalled for service in the armed forces, or for civilian service, of a Member State shall be subject to the legislation of that State. If entitlement under that legislation is subject to the completion of periods of insurance before entry into or after release from such military or civilian service, periods of insurance completed under the legislation of any other Member State shall be taken into account, to the extent necessary, as if they were periods of insurance completed under the legislation of the first State. The employed or self-employed person called up or recalled for service in the armed forces or for civilian service shall retain the status of employed or self-employed person.
Article 1
Regulation (EEC) No 1408/71 shall be amended as follows: 1. The title shall be replaced by the following: ‘COUNCIL REGULATION (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community’. 2. In Article 1: (a) subparagraphs (a) and (b) be replaced by the following: ‘(a) “employed person” and “self-employed person” mean respectively: (i) any person who is insured, compulsorily or on an optional continued basis, for one or more of the contingencies covered by the branches of a social security scheme for employed or self-employed persons; (ii) any person who is compulsorily insured for one or more of the contingencies covered by the branches of social security dealt with in this Regulation, under a social security scheme for all residents or for the whole working population, if such person: — can be identified as an employed or self-employed person by virtue of the manner in which such scheme is administered or financed, or, — failing such criteria, is insured for some other contingency specified in Annex I under a scheme for employed or self-employed persons, or under a scheme referred to in (iii), either compulsorily or on an optional continued basis, or, where no such scheme exists in the Member State concerned, complies with the definition given in Annex I; (iii) any person who is compulsorily insured for several of the contingencies covered by the branches dealt with in this Regulation, under a standard social security scheme for the whole rural population in accordance with the criteria laid down in Annex I; (iv) any person who is voluntarily insured for one or more of the contingencies covered by the branches dealt with in this Regulation, under a social security scheme of a Member State for employed or self-employed persons or for all residents or for certain categories of residents: — if such person carries out an activity as an employed or self-employed person, or — if such person has previously been compulsorily insured for the same contingency under a scheme for employed or self-employed persons of the same Member State; (b) “frontier worker” means any employed or self-employed person who pursues his occupation in the territory of a Member State and resides in the territory of another Member State to which he returns as a rule daily or at least once a week; however, a frontier worker who is posted elsewhere in the territory of the same or another Member State by the undertaking to which he is normally attached, or who engages in the provision of services elsewhere in the territory of the same or another Member State, shall retain the status of frontier worker for a period not exceeding four months, even if he is prevented, during that period, from returning daily or at least once a week to the place where he resides;’ (b) in subparagraph (c), first line, ‘any worker’ shall be replaced by ‘any employed person’; (c) subparagraph (f) shall be replaced by the following: ‘(f) “member of the family” means any person defined or recognized as a member of the family or designated as a member of the household by the legislation under which benefits are provided or, in the cases referred to in Article 22 (1) (a) and Article 31, by the legislation of the Member State in whose territory such person resides; where, however, the said legislations regard as a member of the family or a member of the household only a person living under the same roof as the employed or self-employed person, this condition shall be considered satisfied if the person in question is mainly dependent on that person. Where a Member State's legislation on sickness or maternity benefits in kind does not enable members of the family to be distinguished from the other persons to whom it applies, the term “member of the family” shall have the meaning given to it in Annex I;’ (d) in subparagraph (g), sixth and eighth lines, ‘deceased worker’ shall be replaced by ‘deceased’; (e) in subparagraph (j) the following subparagraph shall be inserted after the last subparagraph: ‘The term “legislation” also excludes provisions governing special schemes for self-employed persons the creation of which is left to the initiatives of those concerned or which apply only to a part of the territory of the Member State concerned, irrespective of whether or not the authorities decided to make them compulsory or extend their scope. The special schemes in question are specified in Annex II;’ (f) in the first and second lines of paragraph (r), the words ‘periods of contribution or periods of employment’ shall be replaced by the words ‘periods of contribution or periods of employment or self-employment’; (g) paragraph (s) shall be replaced by the following: ‘(s) “periods of employment” and “periods of self-employment” mean periods so defined or recognized by the legislation under which they were completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of employment or of self-employment;’ (h) in the last line of paragraph (u) (i) ‘Annex I’ shall be replaced by ‘Annex II’. 3. In Article 2: (a) in the first line of paragraph 1, ‘to workers’ shall be replaced by ‘to employed or self-employed persons’; (b) paragraph 2: — in line 2, ‘workers’ shall be replaced by ‘employed or self-employed persons’, — in line 4, ‘such workers’ shall be replaced by ‘such employed or self-employed persons’. 4. In Article 3 (3) in the first line, ‘Annex II’ shall be replaced by ‘Annex III’. 5. In the last line of Article 7 (2) (c), ‘Annex II’ shall be replaced by ‘Annex III’. 6. Article 9 (1) shall be replaced by the following: ‘1. The provisions of the legislation of any Member State which make admission to voluntary or optional continued insurance conditional upon residence in the territory of that State shall not apply to persons resident in the territory of another Member State, provided that at some time in their past working life they were subject to the legislation of the first State as employed or as self-employed persons.’ 7. In the sixth line of Article 10 (2), ‘as a worker’ shall be replaced by ‘as an employed or self-employed person’. 8. Articles 13 and 14 shall be replaced by the following: ‘ Article 13 General rules 1. Subject to Article 14 (c), persons to whom this Regulation applies shall be subject to the legislation of a single Member State only. That legislation shall be determined in accordance with the provisions of this Title. 2. Subject to Articles 14 to 17: (a) a person employed in the territory of one Member State shall be subject to the legislation of that State even if he resides in the territory of another Member State or if the registered office or place of business of the undertaking or individual employing him is situated in the territory of another Member State; (b) a person who is self-employed in the territory of one Member State shall be subject to the legislation of that State even if he resides in the territory of another Member State; (c) a person employed on board a vessel flying the flag of a Member State shall be subject to the legislation of that State; (d) civil servants and persons treated as such shall be subject to the legislation of the Member State to which the administration employing them is subject; (e) a person called up or recalled for service in the armed forces, or for civilian service, of a Member State shall be subject to the legislation of that State. If entitlement under that legislation is subject to the completion of periods of insurance before entry into or after release from such military or civilian service, periods of insurance completed under the legislation of any other Member State shall be taken into account, to the extent necessary, as if they were periods of insurance completed under the legislation of the first State. The employed or self-employed person called up or recalled for service in the armed forces or for civilian service shall retain the status of employed or self-employed person.
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