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Regulation (EC) No 883/2004 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

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  1. Introductory Text

  2. TITLE I GENERAL PROVISIONS

    1. Article 1. Definitions

    2. Article 2. Persons covered

    3. Article 3. Matters covered

    4. Article 4. Equality of treatment

    5. Article 5. Equal treatment of benefits, income, facts or events

    6. Article 6. Aggregation of periods

    7. Article 7. Waiving of residence rules

    8. Article 8. Relations between this Regulation and other coordination instruments

    9. Article 9. Declarations by the Member States on the scope of this Regulation

    10. Article 10. Prevention of overlapping of benefits

  3. TITLE II DETERMINATION OF THE LEGISLATION APPLICABLE

    1. Article 11. General rules

    2. Article 12. Special rules

    3. Article 13. Pursuit of activities in two or more Member States

    4. Article 14. Voluntary insurance or optional continued insurance

    5. Article 15. Contract staff of the European Communities

    6. Article 16. Exceptions to Articles 11 to 15

  4. TITLE III SPECIAL PROVISIONS CONCERNING THE VARIOUS CATEGORIES OF BENEFITS

    1. CHAPTER 1 Sickness, maternity and equivalent paternity benefits

      1. Section 1 Insured persons and members of their families, except pensioners and members of their families

        1. Article 17. Residence in a Member State other than the competent Member State

        2. Article 18. Stay in the competent Member State when residence is in another Member State – Special rules for the members of the families of frontier workers

        3. Article 19. Stay outside the competent Member State

        4. Article 20. Travel with the purpose of receiving benefits in kind — authorisation to receive appropriate treatment outside the Member State of residence

        5. Article 21. Cash benefits

        6. Article 22. Pension claimants

      2. Section 2 Pensioners and members of their families

        1. Article 23. Right to benefits in kind under the legislation of the Member State of residence

        2. Article 24. No right to benefits in kind under the legislation of the Member State of residence

        3. Article 25. Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State

        4. Article 26. Residence of members of the family in a Member State other than the one in which the pensioner resides

        5. Article 27. Stay of the pensioner or the members of his/her family in a Member State other than the Member State in which they reside — stay in the competent Member State — authorisation for appropriate treatment outside the Member State of residence

        6. Article 28. Special rules for retired frontier workers

        7. Article 29. Cash benefits for pensioners

        8. Article 30. Contributions by pensioners

      3. Section 3 Common provisions

        1. Article 31. General provision

        2. Article 32. Prioritising of the right to benefits in kind — special rule for the right of members of the family to benefits in the Member State of residence

        3. Article 33. Substantial benefits in kind

        4. Article 34. Overlapping of long-term care benefits

        5. Article 35. Reimbursements between institutions

    2. CHAPTER 2 Benefits in respect of accidents at work and occupational diseases

      1. Article 36. Right to benefits in kind and in cash

      2. Article 37. Costs of transport

      3. Article 38. Benefits for an occupational disease where the person suffering from such a disease has been exposed to the same risk in several Member States

      4. Article 39. Aggravation of an occupational disease

      5. Article 40. Rules for taking into account the special features of certain legislation

      6. Article 41. Reimbursements between institutions

    3. CHAPTER 3 Death grants

      1. Article 42. Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent Member State

      2. Article 43. Provision of benefits in the event of the death of a pensioner

    4. CHAPTER 4 Invalidity benefits

      1. Article 44. Persons subject only to type A legislation

      2. Article 45. Special provisions on aggregation of periods

      3. Article 46. Persons subject either only to type B legislation or to type A and B legislation

      4. Article 47. Aggravation of invalidity

      5. Article 48. Conversion of invalidity benefits into old-age benefits

      6. Article 49. Special provisions for civil servants

    5. CHAPTER 5 Old-age and survivors' pensions

      1. Article 50. General provisions

      2. Article 51. Special provisions on aggregation of periods

      3. Article 52. Award of benefits

      4. Article 53. Rules to prevent overlapping

      5. Article 54. Overlapping of benefits of the same kind

      6. Article 55. Overlapping of benefits of a different kind

      7. Article 56. Additional provisions for the calculation of benefits

      8. Article 57. Periods of insurance or residence of less than one year

      9. Article 58. Award of a supplement

      10. Article 59. Recalculation and revaluation of benefits

      11. Article 60. Special provisions for civil servants

    6. CHAPTER 6 Unemployment benefits

      1. Article 61. Special rules on aggregation of periods of insurance, employment or self-employment

      2. Article 62. Calculation of benefits

      3. Article 63. Special provisions for the waiving of residence rules

      4. Article 64. Unemployed persons going to another Member State

      5. Article 65. Unemployed persons who resided in a Member State other than the competent State

      6. Article 65a. Special provisions for wholly unemployed self-employed frontier workers where no unemployment benefits system covering self-employed persons exists in the Member State of residence

    7. CHAPTER 7 Pre-retirement benefits

      1. Article 66. Benefits

    8. CHAPTER 8 Family benefits

      1. Article 67. Members of the family residing in another Member State

      2. Article 68. Priority rules in the event of overlapping

      3. Article 68a. Provision of benefits

      4. Article 69. Additional provisions

    9. CHAPTER 9 Special non-contributory cash benefits

      1. Article 70. General provision

  5. TITLE IV ADMINISTRATIVE COMMISSION AND ADVISORY COMMITTEE

    1. Article 71. Composition and working methods of the Administrative Commission

    2. Article 72. Tasks of the Administrative Commission

    3. Article 73. Technical Commission for Data Processing

    4. Article 74. Audit Board

    5. Article 75. Advisory Committee for the Coordination of Social Security Systems

  6. TITLE V MISCELLANEOUS PROVISIONS

    1. Article 76. Cooperation

    2. Article 77. Protection of personal data

    3. Article 78. Data processing

    4. Article 79. Funding of activities in the social security field

    5. Article 80. Exemptions

    6. Article 81. Claims, declarations or appeals

    7. Article 82. Medical examinations

    8. Article 83. Implementation of legislation

    9. Article 84. Collection of contributions and recovery of benefits

    10. Article 85. Rights of institutions

    11. Article 86. Bilateral agreements

  7. TITLE VI TRANSITIONAL AND FINAL PROVISIONS

    1. Article 87. Transitional provisions

    2. Article 87a. Transitional provision for application of Regulation (EU) No 465/2012

    3. Article 88. Updating of the Annexes

    4. Article 89. Implementing Regulation

    5. Article 90. Repeal

    6. Article 91. Entry into force

  8. Signature

    1. ANNEX I

      ADVANCES OF MAINTENANCE PAYMENTS AND SPECIAL CHILDBIRTH AND ADOPTION ALLOWANCES

      1. I. Advances of maintenance payments

        1. BELGIUM

        2. BULGARIA

        3. DENMARK

        4. GERMANY

        5. ESTONIA

        6. SPAIN

        7. FRANCE

        8. CROATIA

        9. LITHUANIA

        10. LUXEMBOURG

        11. AUSTRIA

        12. POLAND

        13. PORTUGAL

        14. SLOVENIA

        15. SLOVAKIA

        16. FINLAND

        17. SWEDEN

      2. II. Special childbirth and adoption allowances

        1. BELGIUM

        2. BULGARIA

        3. CZECH REPUBLIC

        4. ESTONIA

        5. SPAIN

        6. FRANCE

        7. CROATIA

        8. LATVIA

        9. LITHUANIA

        10. LUXEMBOURG

        11. HUNGARY

        12. POLAND

        13. ROMANIA

        14. SLOVENIA

        15. SLOVAKIA

        16. FINLAND

    2. ANNEX II

      PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY

      1. General comments

        1. BELGIUM-GERMANY

        2. BELGIUM-LUXEMBOURG

        3. BULGARIA-GERMANY

        4. BULGARIA-CROATIA

        5. BULGARIA-AUSTRIA

        6. BULGARIA-SLOVENIA

        7. CZECH REPUBLIC-GERMANY

        8. CZECH REPUBLIC-CYPRUS

        9. CZECH REPUBLIC-LUXEMBOURG

        10. CZECH REPUBLIC-AUSTRIA

        11. CZECH REPUBLIC-SLOVAKIA

        12. DENMARK-FINLAND

        13. DENMARK-SWEDEN

        14. GERMANY-SPAIN

        15. GERMANY-FRANCE

        16. GERMANY-CROATIA

        17. GERMANY-LUXEMBOURG

        18. GERMANY-HUNGARY

        19. GERMANY-NETHERLANDS

        20. GERMANY-AUSTRIA

        21. GERMANY-POLAND

        22. GERMANY-ROMANIA

        23. GERMANY-SLOVENIA

        24. GERMANY-SLOVAKIA

        25. GERMANY-UNITED KINGDOM

        26. IRELAND-UNITED KINGDOM

        27. SPAIN-PORTUGAL

        28. CROATIA-ITALY

        29. CROATIA-HUNGARY

        30. CROATIA-AUSTRIA

        31. CROATIA-SLOVENIA

        32. ITALY-SLOVENIA

        33. LUXEMBOURG-PORTUGAL

        34. LUXEMBOURG-SLOVAKIA

        35. HUNGARY-AUSTRIA

        36. HUNGARY-SLOVENIA

        37. HUNGARY-SLOVAKIA

        38. AUSTRIA-POLAND

        39. AUSTRIA-ROMANIA

        40. AUSTRIA-SLOVENIA

        41. AUSTRIA-SLOVAKIA

        42. FINLAND-SWEDEN

    3. ANNEX III

      RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A FRONTIER WORKER

      1. DENMARK

      2. ESTONIA (this entry will be valid during the period referred...

      3. IRELAND

      4. SPAIN (this entry will be valid during the period referred...

      5. CROATIA

      6. ITALY (this entry will be valid during the period referred...

      7. LITHUANIA (this entry will be valid during the period referred...

      8. HUNGARY (this entry will be valid during the period referred...

      9. NETHERLANDS (this entry will be valid during the period referred...

      10. FINLAND

      11. SWEDEN

      12. UNITED KINGDOM

    4. ANNEX IV

      MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT MEMBER STATE

      1. BELGIUM BULGARIA CZECH REPUBLIC GERMANY GREECE SPAIN FRANCE CYPRUS ....

    5. ANNEX V

      MORE RIGHTS FOR FORMER FRONTIER WORKERS WHO RETURN TO THEIR PREVIOUS MEMBER STATE OF ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON (APPLICABLE ONLY IF THE MEMBER STATE IN WHICH THE COMPETENT INSTITUTION RESPONSIBLE FOR THE COSTS OF THE BENEFITS IN KIND PROVIDED TO THE PENSIONER IN HIS/HER MEMBER STATE OF RESIDENCE IS SITUATED ALSO APPEARS ON THE LIST)

      1. BELGIUM GERMANY SPAIN FRANCE LUXEMBOURG AUSTRIA PORTUGAL

    6. ANNEX VI

      IDENTIFICATION OF TYPE A LEGISLATION WHICH SHOULD BE SUBJECT TO SPECIAL COORDINATION

      1. CZECH REPUBLIC

      2. ESTONIA

      3. IRELAND

      4. GREECE

      5. CROATIA

      6. LATVIA

      7. HUNGARY

      8. SLOVAKIA

      9. IRLANDA

      10. FINLAND

      11. SWEDEN

      12. UNITED KINGDOM

    7. ANNEX VII

      CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY

    8. ANNEX VIII

      CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY

      1. Part 1: Cases in which the pro rata calculation shall be waived pursuant to Article 52(4)

        1. DENMARK

        2. IRELAND

        3. CYPRUS

        4. LATVIA

        5. LITHUANIA

        6. NETHERLANDS

        7. AUSTRIA

        8. POLAND

        9. PORTUGAL

        10. SLOVAKIA

        11. SWEDEN

        12. UNITED KINGDOM

      2. Part 2: Cases in which Article 52(5) applies

        1. BULGARIA

        2. CZECH REPUBLIC

        3. DENMARK

        4. ESTONIA

        5. FRANCE

        6. CROATIA

        7. LATVIA

        8. HUNGARY

        9. AUSTRIA

        10. POLAND

        11. PORTUGAL

        12. SLOVENIA

        13. SLOVAKIA

        14. SWEDEN

        15. UNITED KINGDOM

    9. ANNEX IX

      BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE 54

      1. I. Benefits referred to in Article 54(2)(a) of the Regulation, the...

        1. BELGIUM

        2. DENMARK

        3. IRELAND

        4. GREECE

        5. SPAIN

        6. FRANCE

        7. LATVIA

        8. IRELAND

        9. NETHERLANDS

        10. FINLAND

        11. SWEDEN

      2. II. Benefits referred to in Article 54(2)(b) of the Regulation, the...

        1. GERMANY

        2. SPAIN

        3. ITALY

        4. LATVIA

        5. LITHUANIA

        6. LUXEMBOURG

        7. SLOVAKIA

        8. FINLAND

        9. SWEDEN

      3. III. Agreements referred to in Article 54(2)(b)(i) of the Regulation intended...

    10. ANNEX X

      SPECIAL NON-CONTRIBUTORY CASH BENEFITS

      1. BELGIUM

      2. BULGARIA

      3. CZECH REPUBLIC

      4. DENMARK

      5. GERMANY

      6. ESTONIA

      7. IRELAND

      8. GREECE

      9. SPAIN

      10. FRANCE

      11. ITALY

      12. CYPRUS

      13. LATVIA

      14. LITHUANIA

      15. LUXEMBOURG

      16. HUNGARY

      17. MALTA

      18. NETHERLANDS

      19. AUSTRIA

      20. POLAND

      21. PORTUGAL

      22. SLOVENIA

      23. SLOVAKIA

      24. FINLAND

      25. SWEDEN

      26. UNITED KINGDOM

    11. ANNEX XI

      SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER STATES

      1. BULGARIA

      2. CZECH REPUBLIC

      3. DENMARK

        1. 1. For the purpose of calculating the pension under the ‘...

        2. 2. Notwithstanding the provisions of Article 6 of this Regulation, persons...

        3. 3. The temporary benefit for unemployed persons who have been admitted...

        4. 4. Where the beneficiary of a Danish social pension is also...

      4. GERMANY

        1. 1. Notwithstanding Article 5(a) of this Regulation and Article 5(4) point...

        2. 2. Notwithstanding Article 5(a) of this Regulation and Article 7 of...

        3. 3. For the purpose of granting cash benefits under §47(1) of...

        4. 4. Nationals of other Member States whose place of residence or...

        5. 5. The pauschale Anrechnungszeit (fixed credit period) pursuant to Article 253...

        6. 6. In cases where the German pension legislation, in force on...

        7. 7. The German legislation on accidents at work and occupational diseases...

        8. 8. For the calculation of the theoretical amount referred to in...

      5. ESTONIA

      6. IRELAND

        1. 1. Notwithstanding Articles 21(2) and 62 of this Regulation, for the...

        2. 2. Where Article 46 of this Regulation applies, if the person...

      7. GREECE

        1. 1. Law No 1469/84 concerning voluntary affiliation to the pension insurance...

        2. 2. Notwithstanding Article 5(a) of this Regulation and Article 34 of...

      8. SPAIN

        1. 1. For the purposes of implementing Article 52(1)(b)(i) of this Regulation,...

        2. 2. Under Article 56(1)(c) of this Regulation, the calculation of the...

        3. 3. Periods completed in other Member States which must be calculated...

        4. 4. The additional amounts based on age referred to in the...

      9. FRANCE

        1. 1. . . . . . . . . . ....

        2. 2. For persons receiving benefits in kind in France pursuant to...

        3. 3. French legislation applicable to a person engaged, or formerly engaged,...

      10. CYPRUS

      11. MALTA

      12. NETHERLANDS

        1. 1. Health care insurance

        2. 2. Application of the Algemene Ouderdomswet (AOW) (General Old Age Pensions...

        3. 3. Application of the Algemene nabestaandenwet (ANW) (General Surviving Relatives Act)...

        4. 4. Application of Dutch legislation relating to incapacity for work

      13. AUSTRIA

        1. 1. For the purpose of acquiring periods in the pension insurance,...

        2. 2. For the calculation of the pro rata benefit referred to...

        3. 3. Where pursuant to Article 6 of this Regulation substitute periods...

      14. FINLAND

        1. 1. For the purposes of determining entitlement and of calculating the...

        2. 2. When applying Article 52(1)(b)(i) of this Regulation for the purpose...

      15. SWEDEN

        1. 1. When parental leave allowance is paid under Article 67 of...

        2. 2. For the purpose of calculating parental leave allowance in accordance...

        3. 3. The provisions of this Regulation on the aggregation of insurance...

        4. 4. For the purpose of calculating income for notional income-related sickness...

        5. 5. For the purpose of calculating notional pension assets for income-based...

      16. UNITED KINGDOM

        1. 1. Where, in accordance with United Kingdom legislation, a person may...

        2. 2. For the purposes of applying Article 6 of this Regulation...

        3. 3. For the purposes of Article 7 of this Regulation, in...

        4. 4. Where Article 46 of this Regulation applies, if the person...

        5. 5. For the purpose of calculating an earnings factor in order...

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