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Legislation originating from the EU
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
This item of legislation originated from the EU
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
Status:
This is the original version (as it was originally adopted).
1.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 members of their families moving within the Community,
as updated by:
383 R 2001: Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22.8.1983, p. 6),
and subsequently amended by:
385 R 1660: Council Regulation (EEC) No 1660/85 of 13 June 1985 (OJ No L 160, 20.6.1985, p. 1),
385 R 1661: Council Regulation (EEC) No 1661/85 of 13 June 1985 (OJ No L 160, 20.6.1985, p. 7),
1 85 I: Act concerning the Conditions of Accession and the Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 170),
386 R 3811: Council Regulation (EEC) No 3811/86 of 11. December 1986 (OJ No L 355, 16.12.1986, p. 5),
389 R 1305: Council Regulation (EEC) No 1305/89 of 11 May 1989 (OJ No L 131, 13.5.1989, p. 1),
389 R 2332: Council Regulation (EEC) No 2332/89 of 18 July 1989 (OJ No L 224, 2.8.1989, p. 1).
389 R 3427: Council Regulation (EEC) No 3427/89 of 30 October 1989 (OJ No L 331, 16.11.1989, p. 1),
391 R 2195: Council Regulation (EEC) No 2195/91 of 25 June 1991 (OJ No L 206, 29.7.1991, p. 2).
The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations:
(a)
The third subparagraph of Article l(j) shall not apply;
(b)
Article 10(1), subparagraph 1, of the Regulation shall not apply to the Swiss federal law on supplementary benefits to the old age, survivors' and invalidity insurance until 1 January 1996;
(c)
In Article 88, the words ‘Article 106 of the Treaty’ shall be replaced by the words ‘Article 41 of the EEA Agreement’;
(d)
Article 94(9) shall not apply;
(e)
Article 96 shall not apply;
(f)
Article 100 shall not apply;
(g)
The following shall be added to Annex I(I):
‘M.
AUSTRIA
Does not apply.
N.
FINLAND
Any person who is an employed or self-employed person within the meaning of the legislation on the Employment Pensions Scheme shall be considered respectively as employed or self-employed within the meaning of Article l(a)(ii) of the Regulation.
O.
ICELAND
Any person who is an employed or self-employed person within the meaning of the provisions relating to the occupational injuries insurance in the Social Security Act shall be considered respectively as employed or self-employed within the meaning of Article l(a)(ii) of the Regulation.
P.
LIECHTENSTEIN
Does not apply.
Q.
NORWAY
Any person who is an employed or self-employed person within the meaning of the National Insurance Act shall be considered respectively as employed or self-employed within the meaning of Article l(a)(ii) of the Regulation.
R.
SWEDEN
Any person who is an employed or self-employed person within the meaning of the legislation on work injury insurance shall be considered respectively as employed or self-employed within the meaning of Article l(a)(ii) of the Regulation.
S.
SWITZERLAND
Does not apply.’;
(h)
The following shall be added to Annex I(II):
‘M.
AUSTRIA
Does not apply.
N.
FINLAND
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, “member of the family” means a spouse or a child as defined by the Sickness Insurance Act.
O.
ICELAND
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, “member of the family” means a spouse or a child under the age of 25.
P.
LIECHTENSTEIN
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, “member of the family” means a spouse or a dependent child under the age of 25.
Q.
NORWAY
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, “member of the family” means a spouse or a child under the age of 25.
R.
SWEDEN
For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation “member of the family” means a spouse or a child under the age of 18.
S.
SWITZERLAND
“Member of the family” means member of the family as defined in the legislation of the competent State. However, for the purpose of determining entitlement to benefits in kind pursuant to Articles 22(1) (a) and 31 of the Regulation, “member of the family” means a spouse or a dependent child under the age of 25.’;
(i)
The following shall be added to Annex II(I):
‘M.
AUSTRIA
Does not apply.
N.
FINLAND
Does not apply.
O.
ICELAND
Does not apply.
P.
LIECHTENSTEIN
Does not apply.
Q.
NORWAY
Does not apply.
R.
SWEDEN
Does not apply.
S.
SWITZERLAND
Does not apply.’;
(j)
The following shall be added to Annex II(II):
‘M.
AUSTRIA
The general part of the childbirth allowance.
N.
FINLAND
The maternity package or the maternity lump-sum grant pursuant to the Maternity Grant Act.
O.
ICELAND
None.
P.
LIECHTENSTEIN
None.
Q.
NORWAY
Lump-sum grants payable on childbirth pursuant to the National Insurance Act.
R.
SWEDEN
None,
S.
SWITZERLAND
Childbirth allowances pursuant to the relevant cantonal legislations on family benefits (Fribourg, Genève, Jura, Luzern, Neuchâtel, Schaffhausen, Schwyz, Solothurn, Uri, Valais, Vaud).’;
(k)
The following shall be added to Annex III(A):
‘67.AUSTRIA - BELGIUM
(a)
Article 4 of the Convention on social security of 4 April 1977 as regards persons residing in a third State,
(b)
Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
68.AUSTRIA - DENMARK
(a)
Article 4 of the Convention on social security of 16 June 1987 as regards persons residing in a third State.
(b)
Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
69.AUSTRIA - GERMANY
(a)
Article 41 of the Convention on social security of 22 December 1966 as amended by the Complementary Conventions No 1 of 10 April 1969, No 2 of 29 March 1974 and No 3 of 29 August 1980.
(b)
Paragraphs 3(c), 3(d), 17, 20(a) and 21 of the Final Protocol to the said Convention.
(c)
Article 3 of the said Convention as regards persons residing in a third State.
(d)
Paragraph 3(g) of the Final Protocol to the said Convention as regards persons residing in a third State.
(e)
Article 4(1) of the Convention as regards the German legislation, under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give rise to payment of benefits, or only give rise to payment of benefits under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany, in cases in which:
(i)
the benefit at the date of entry into force of the Agreement is already granted or could be granted,
(ii)
the person concerned has taken up ordinary residence in Austria before the entry into force of the Agreement and the granting of pensions from pension and accident insurance started within one year of the entry into force of the Agreement.
(f)
Paragraph 19(b) of the Final Protocol to the said Convention. In applying Number 3(c) of this provision the amount taken into account by the competent institution shall not exceed the amount, which is due in respect of the corresponding periods to be remunerated by this institution.
(g)
Article 2 of the Complementary Convention No 1 of 10 April 1969 to the said Convention.
(h)
Articles 1(5) and 8 of the Convention on unemployment insurance of 19 July 1978.
(i)
Paragraph 10 of the Final Protocol to the said Convention.
70.AUSTRIA - SPAIN
(a)
Article 4 of the Convention on social security of 6 November 1981 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
71.AUSTRIA - FRANCE
None.
72.AUSTRIA - GREECE
(a)
Article 4 of the Convention on social security of 14 December 1979 as amended by the Complementary Convention of 21 May 1986 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
73.AUSTRIA - IRELAND
Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.
74.AUSTRIA - ITALY
(a)
Articles 5(3) and 9(2) of the Convention on social security of 21 January 1981.
(b)
Article 4 of the said Convention as regards persons residing in a third State.
(c)
Paragraph 2 of the Final Protocol to the said Convention as regards persons residing in a third State.
75.AUSTRIA - LUXEMBOURG
(a)
Article 5(2) of the Convention on social security of 21 December 1971 as amended by the Complementary Conventions No 1 of 16 May 1973 and No 2 of 9 October 1978.
(b)
Article 3(2) of the said Convention as regards persons residing in a third State.
(c)
Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
76.AUSTRIA - NETHERLANDS
(a)
Article 3 of the Convention on social security of 7 March 1974 as amended by the Complementary Convention of 5 November 1980 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
77.AUSTRIA - PORTUGAL
None.
78.AUSTRIA - UNITED KINGDOM
(a)
Article 3 of the Convention on social security of 22 July 1980 as amended by the Complementary Convention of 9 December 1985 as regards persons residing in a third State.
(b)
Protocol concerning benefits in kind to the said Convention with the exception of Article 2(3) as regards persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.
79.AUSTRIA - FINLAND
(a)
Article 4 of the Convention on social security of 11 December 1985 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
80.AUSTRIA - ICELAND
No convention.
81.AUSTRIA - LIECHTENSTEIN
Article 4 of the Convention on social security of 26 September 1968 as amended by the Complementary Conventions No 1 of 16 May 1977 and No 2 of 22 October 1987 as regards the payment of cash benefits to persons residing in a third State.
82.AUSTRIA - NORWAY
(a)
Article 5(2) of the Convention on social security of 27 August 1985.
(b)
Article 4 of the said Convention as regards persons residing in a third State.
(c)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
83.AUSTRIA - SWEDEN
(a)
Articles 4 and 24(1) of the Convention on social security of 11 November 1975 as amended by the Complementary Convention of 21 October 1982 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
84.AUSTRIA - SWITZERLAND
Article 4 of the Convention on social security of 15 November 1967 as amended by the Complementary Conventions No 1 of 17 May 1973, No 2 of 30 November 1977 and No 3 of 14 December 1987 as regards the payment of cash benefits to persons residing in a third State.
85.FINLAND - BELGIUM
No convention.
86.FINLAND - DENMARK
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
87.FINLAND - GERMANY
(a)
Article 4 of the Convention on social security of 23 April 1979.
(b)
Point 9(a) of the Final Protocol to the said Convention.
88.FINLAND - SPAIN
Article 5(2) of the Convention on social security of 19 December 1985.
89.FINLAND - FRANCE
No convention.
90.FINLAND - GREECE
Articles 5(2) and 21 of the Convention on social security of 11 March 1988.
91.FINLAND - IRELAND
No convention.
92.FINLAND - ITALY
No convention.
93.FINLAND - LUXEMBOURG
Articles 5(2) of the Convention on social security of 15 September 1988.
94.FINLAND - NETHERLANDS
No convention,
95.FINLAND - PORTUGAL
No convention.
96.FINLAND - UNITED KINGDOM
None.
97.FINLAND - ICELAND
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
98.FINLAND - LIECHTENSTEIN
No convention.
99.FINLAND - NORWAY
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
100.FINLAND - SWEDEN
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
101.FINLAND - SWITZERLAND
Article 5(2) of the Convention on social security of 28 June 1985.
102.ICELAND - BELGIUM
No convention,
103.ICELAND - DENMARK
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
104.ICELAND - GERMANY
No convention.
105.ICELAND - SPAIN
No convention.
106.ICELAND - FRANCE
No convention.
107.ICELAND - GREECE
No convention.
108.ICELAND - IRELAND
No convention.
109.ICELAND - ITALY
No convention.
110.ICELAND - LUXEMBOURG
No convention.
111.ICELAND - NETHERLANDS
No convention.
112.ICELAND - PORTUGAL
No convention.
113.ICELAND - UNITED KINGDOM
None.
114.ICELAND - LIECHTENSTEIN
No convention.
115.ICELAND - NORWAY
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
116.ICELAND - SWEDEN
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
117.ICELAND - SWITZERLAND
No convention.
118.LIECHTENSTEIN - BELGIUM
No convention.
119.LIECHTENSTEIN - DENMARK
No convention.
120.LIECHTENSTEIN - GERMANY
Article 4(2) of the Convention on social security of 7 April 1977 as amended by the Complementary Convention No 1 of 11 August 1989 as regards the payment of cash benefits to persons residing in a third State.
121.LIECHTENSTEIN - SPAIN
No convention.
122.LIECHTENSTEIN - FRANCE
No convention.
123.LIECHTENSTEIN - GREECE
No convention.
124.LIECHTENSTEIN - IRELAND
No convention.
125.LIECHTENSTEIN - ITALY
Article 5, second sentence, of the Convention on social security of 11 November 1976 as regards the payment of cash benefits to persons residing in a third State.
126.LIECHTENSTEIN - LUXEMBOURG
No convention.
127.LIECHTENSTEIN - NETHERLANDS
No convention.
128.LIECHTENSTEIN - PORTUGAL
No convention.
129.LIECHTENSTEIN - UNITED KINGDOM
No convention.
130.LIECHTENSTEIN - NORWAY
No convention.
131.LIECHTENSTEIN - SWEDEN
No convention.
132.LIECHTENSTEIN - SWITZERLAND
Article 4 of the Convention on social security of 8 March 1989 as regards the payment of cash benefits to persons residing in a third State.
133.NORWAY - BELGIUM
No convention.
134.NORWAY - DENMARK
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
135.NORWAY - GERMANY
No convention.
136.NORWAY - SPAIN
No convention.
137.NORWAY - FRANCE
None.
138.NORWAY-GREECE
Article 16(5) of the Convention on social security of 12 June 1980.
139.NORWAY - IRELAND
No convention.
140.NORWAY - ITALY
None.
141.NORWAY - LUXEMBOURG
No convention.
142.NORWAY - NETHERLANDS
Article 5(2) of the Convention on social security of 13 April 1989.
143.NORWAY - PORTUGAL
Articles 6 of the Convention on social security of 5 June 1980.
144.NORWAY - UNITED KINGDOM
None.
145.NORWAY - SWEDEN
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
146.NORWAY - SWITZERLAND
Article 6(2) of the Convention on social security of 21 February 1979.
147.SWEDEN - BELGIUM
No convention.
148.SWEDEN - DENMARK
Article 14(4) of the Nordic Convention on social security of 5 March 1981.
149.SWEDEN - GERMANY
(a)
Article 4(2) of the Convention on social security of 27 February 1976.
(b)
Point 8 (a) of the Final Protocol to the said Convention.
150.SWEDEN-SPAIN
Articles 5(2) and 16 of the Convention on social security of 29 June 1987.
151.SWEDEN - FRANCE
None.
152.SWEDEN - GREECE
Articles 5(2) and 23 of the Convention on social security of 5 May 1978 as amended by the Complementary Convention of 14 September 1984.
153.SWEDEN - IRELAND
No convention.
154.SWEDEN - ITALY
Article 20 of the Convention on social security of 25 September 1979.
155.SWEDEN - LUXEMBOURG
(a)
Articles 4 and 29(1) of the Convention on social security of 21 February 1985 as regards persons residing in a third State.
(b)
Article 30 of the said Convention.
156.SWEDEN - NETHERLANDS
Articles 4 and 24(3) of the Convention on social security of 2 July 1976 as regards persons residing in a third State.
157.SWEDEN - PORTUGAL
Article 6 of the Convention on social security of 25 October 1978.
158.SWEDEN - UNITED KINGDOM
Article 4(3) of the Convention on social security of 29 June 1987.
159.SWEDEN - SWITZERLAND
Article 5(2) of the Convention on social security of 20 October 1978.
160.SWITZERLAND - BELGIUM
(a)
Article 3(1) of the Convention on social security of 24 September 1975 as regards the payment of cash benefits to persons residing in a third State.
(b)
Point 4 of the Final Protocol to the said Convention as regards the payment of cash benefits to persons residing in a third State.
161.SWITZERLAND - DENMARK
None.
162.SWITZERLAND - GERMANY
Article 4(2) of the Convention on social security of 25 February 1964 as amended by the Complementary Conventions No 1 of 9 September 1975 and No 2 of 2 March 1989 as regards the payment of cash benefits to persons residing in a third State.
163.SWITZERLAND - SPAIN
Article 2 of the Convention on social security of 13 October 1969 as amended by the Complementary Convention of 11 June 1982 as regards the payment of cash benefits to persons residing in a third State.
164.SWITZERLAND - FRANCE
None.
165.SWITZERLAND - GREECE
Article 4 of the Convention on social security of 1 June 1973 as regards the payment of cash benefits to persons residing in a third State.
166.SWITZERLAND - IRELAND
No convention.
167.SWITZERLAND - ITALY
(a)
Article 3, second sentence, of the Convention on social security of 14 December 1962 as amended by the Complementary Convention of 18 December 1963, the Complementary Agreement No 1 of 4 July 1969, the Additional Protocol of 25 February 1974 and the Complementary Agreement No 2 of 2 April 1980 as regards the payment of cash benefits to persons residing in a third State.
(b)
Article 9(1) of the said Convention.
168.SWITZERLAND - LUXEMBOURG
Article 4(2) of the Convention on social security of 3 June 1967 as amended by the Complementary Convention of 26 March 1976.
169.SWITZERLAND - NETHERLANDS
Article 4, second sentence, of the Convention on social security of 27 May 1970.
170.SWITZERLAND - PORTUGAL
Article 3, second sentence, of the Convention on social security of 11 September 1975 as regards the payment of cash benefits to persons residing in a third State.
171.SWITZERLAND - UNITED KINGDOM
Articles 3(1) and (2) of the Convention on social security of 21 February 1968 as regards the payment of cash benefits to persons residing in a third State.’;
(l)
The following shall be added to Annex III(B):
‘67.AUSTRIA - BELGIUM
(a)
Article 4 of the Convention on social security of 4 April 1977 as regards persons residing in a third State.
(b)
Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
68.AUSTRIA - DENMARK
(a)
Article 4 of the Convention on social security of 16 June 1987 as regards persons residing in a third State.
(b)
Point I of the Final Protocol to the said Convention as regards persons residing in a third State.
69.AUSTRIA - GERMANY
(a)
Article 41 of the Convention on social security of 22 December 1966 as amended by the Complementary Conventions No 1 of 10 April 1969, No 2 of 29 March 1974 and No 3 of 29 August 1980.
(b)
Paragraph 20(a) of the Final Protocol to the said Convention.
(c)
Article 3 of the said Convention as regards persons residing in a third State.
(d)
Paragraph 3(g) of the Final Protocol to the said Convention.
(e)
Article 4(1) of the Convention as regards the German legislation, under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give rise to payment of benefits, or only give rise to payment of benefits under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany, in cases in which:
(i)
the benefit at the date of entry into force of the Agreement is already granted or could be granted;
(ii)
the person concerned has taken up ordinary residence in Austria before the entry into force of the Agreement and the granting of pensions from pension and accident insurance started within one year of the entry into force of the Agreement.
(f)
Paragraph 19(b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision the amount taken into account by the competent institution shall not exceed the amount, which is due in respect of the corresponding periods to be remunerated by this institution.
70.AUSTRIA - SPAIN
(a)
Article 4 of the Convention on social security of 6 November 1981 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
71.AUSTRIA - FRANCE
None.
72.AUSTRIA - GREECE
(a)
Article 4 of the Convention on social security of 14 December 1979 as amended by the Complementary Convention of 21 May 1986 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
73.AUSTRIA - IRELAND
Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.
74.AUSTRIA - ITALY
(a)
Articles 5(3) and 9(2) of the Convention on social security of 21 January 1981.
(b)
Article 4 of the said Convention as regards persons residing in a third State.
(c)
Paragraph 2 of the Final Protocol to the said Convention as regards persons residing in a third State.
75.AUSTRIA - LUXEMBOURG
(a)
Article 5(2) of the Convention on social security of 21 December 1971 as amended by the Complementary Conventions No 1 of 16 May 1973 and No 2 of 9 October 1978.
(b)
Article 3(2) of the said Convention as regards persons residing in a third State.
(c)
Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
76.AUSTRIA - NETHERLANDS
(a)
Article 3 of the Convention on social security of 7 March 1974 as amended by the Complementary Convention of 5 November 1980 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State,
77.AUSTRIA - PORTUGAL
None.
78.AUSTRIA - UNITED KINGDOM
(a)
Article 3 of the Convention on social security of 22 July 1980 as amended by the Complementary Convention of 9 December 1985 as regards persons residing in a third State.
(b)
Protocol concerning benefits in kind to the said Convention with the exception of Article 2(3) as regards persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.
79.AUSTRIA - FINLAND
(a)
Article 4 of the Convention on social security of 11 December 1985 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
80.AUSTRIA - ICELAND
No convention.
81.AUSTRIA - LIECHTENSTEIN
Article 4 of the Convention on social security of 26 September 1968 as amended by the Complementary Conventions No 1 of 16 May 1977 and No 2 of 22 October 1987 as regards the payment of cash benefits to persons residing in a third State.
82.AUSTRIA - NORWAY
(a)
Article 5(2) of the Convention on social security of 27 August 1985.
(b)
Article 4 of the said Convention as regards persons residing in a third State.
(c)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
83.AUSTRIA - SWEDEN
(a)
Articles 4 and 24(1) of the Convention on social security of 11 November 1975 as amended by the Complementary Convention of 21 October 1982 as regards persons residing in a third State.
(b)
Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
84.AUSTRIA - SWITZERLAND
Article 4 of the Convention on social security of 15 November 1967 as amended by the Complementary Conventions No 1 of 17 May 1973, No 2 of 30 November 1977 and No 3 of 14 December 1987 as regards the payment of cash benefits to persons residing in a third State.
85.FINLAND - BELGIUM
No convention.
86.FINLAND - DENMARK
None.
87.FINLAND - GERMANY
Article 4 of the Convention on social security of 23 April 1979.
88.FINLAND - SPAIN
Article 5(2) of the Convention on social security of 19 December 1985.
89.FINLAND - FRANCE
No convention.
90.FINLAND - GREECE
Article 5(2) of the Convention on social security of 11 March 1988.
91.FINLAND - IRELAND
No convention.
92.FINLAND - ITALY
No convention.
93.FINLAND - LUXEMBOURG
Article 5(2) of the Convention on social security of 15 September 1988.
94.FINLAND - NETHERLANDS
No convention.
95.FINLAND - PORTUGAL
No convention.
96.FINLAND - UNITED KINGDOM
None.
97.FINLAND - ICELAND
None.
98.FINLAND - LIECHTENSTEIN
No convention.
99.FINLAND - NORWAY
None.
100.FINLAND - SWEDEN
None.
101.FINLAND - SWITZERLAND
Article 5(2) of the Convention on social security of 28 June 1985.
102.ICELAND - BELGIUM
No convention.
103.ICELAND - DENMARK
None.
104.ICELAND - GERMANY
No convention.
105.ICELAND - SPAIN
No convention.
106.ICELAND - FRANCE
No convention.
107.ICELAND - GREECE
No convention.
108.ICELAND - IRELAND
No convention.
109.ICELAND - ITALY
No convention.
110.ICELAND - LUXEMBOURG
No convention.
111.ICELAND - NETHERLANDS
No convention.
112.ICELAND - PORTUGAL
No convention.
113.ICELAND - UNITED KINGDOM
None.
114.ICELAND - LIECHTENSTEIN
No convention.
115.ICELAND - NORWAY
None.
116.ICELAND - SWEDEN
None.
117.ICELAND - SWITZERLAND
No convention.
118.LIECHTENSTEIN - BELGIUM
No convention.
119.LIECHTENSTEIN - DENMARK
No convention.
120.LIECHTENSTEIN - GERMANY
Article 4(2) of the Convention on social security of 7 April 1977 as amended by the Complementary Convention No 1 of 11 August 1989 as regards the payment of cash benefits to persons residing in a third State.
121.LIECHTENSTEIN - SPAIN
No convention.
122.LIECHTENSTEIN - FRANCE
No convention.
123.LIECHTENSTEIN - GREECE
No convention.
124.LIECHTENSTEIN - IRELAND
No convention.
125.LIECHTENSTEIN - ITALY
Article 5, second sentence, of the Convention on social security of 11 November 1976 as regards the payment of cash benefits to persons residing in a third State.
126.LIECHTENSTEIN - LUXEMBOURG
No convention.
127.LIECHTENSTEIN - NETHERLANDS
No convention.
128.LIECHTENSTEIN - PORTUGAL
No convention.
129.LIECHTENSTEIN - UNITED KINGDOM
No convention.
130.LIECHTENSTEIN - NORWAY
No convention.
131.LIECHTENSTEIN - SWEDEN
No convention.
132.LIECHTENSTEIN - SWITZERLAND
Article 4 of the Convention on social security of 8 March 1989 as regards the payment of cash benefits to persons residing in a third State.
133.NORWAY - BELGIUM
No convention.
134.NORWAY - DENMARK
None.
135.NORWAY - GERMANY
No convention.
136.NORWAY - SPAIN
No convention.
137.NORWAY - FRANCE
None.
138.NORWAY - GREECE
None.
139.NORWAY - IRELAND
No convention.
140.NORWAY - ITALY
None.
141.NORWAY - LUXEMBOURG
No convention.
142.NORWAY - NETHERLANDS
Article 5(2) of the Convention on social security of 13 April 1989.
143.NORWAY - PORTUGAL
None.
144.NORWAY - UNITED KINGDOM
None.
145.NORWAY - SWEDEN
None.
146.NORWAY - SWITZERLAND
Article 6(2) of the Convention on social security of 21 February 1979.
147.SWEDEN - BELGIUM
No convention.
148.SWEDEN - DENMARK
None.
149.SWEDEN - GERMANY
Article 4(2) of the Convention on social security of 27 February 1976.
150.SWEDEN - SPAIN
Articles 5(2) and 16 of the Convention on social security of 29 June 1987.
151.SWEDEN - FRANCE
None.
152.SWEDEN - GREECE
Article 5(2) of the Convention on social security of 5 May 1978 as amended by the Complementary Convention of 14 September 1984.
153.SWEDEN - IRELAND
No convention.
154.SWEDEN - ITALY
Article 20 of the Convention on social security of 25 September 1979.
155.SWEDEN - LUXEMBOURG
Articles 4 and 29(1) of the Convention on social security of 21 February 1985 as regards persons residing in a third State.
156.SWEDEN - NETHERLANDS
Articles 4 and 24(3) of the Convention on social security of 2 July 1976 as regards persons residing in a third State.
157.SWEDEN - PORTUGAL
Article 6 of the Convention on social security of 25 October 1978.
158.SWEDEN - UNITED KINGDOM
Article 4(3) of the Convention on social security of 29 June 1987.
159.SWEDEN - SWITZERLAND
Article 5(2) of the Convention on social security of 20 October 1978.
160.SWITZERLAND - BELGIUM
(a)
Article 3(1) of the Convention on social security of 24 September 1975 as regards the payment of cash benefits to persons residing in a third State.
(b)
Point 4 of the Final Protocol to the said Convention as regards the payment of cash benefits to persons residing in a third State.
161.SWITZERLAND - DENMARK
None.
162.SWITZERLAND - GERMANY
Article 4(2) of the Convention on social security of 25 February 1964 as amended by the Complementary Conventions No 1 of 9 September 1975 and No 2 of 2 March 1989 as regards the payment of cash benefits to persons residing in a third State.
163.SWITZERLAND - SPAIN
Article 2 of the Convention on social security of 13 October 1969 as amended by the Complementary Convention of 11 June 1982 as regards the payment of cash benefits to persons residing in a third State.
164.SWITZERLAND - FRANCE
None.
165.SWITZERLAND - GREECE
Article 4 of the Convention on social security of 1 June 1973 as regards the payment of cash benefits to persons residing in a third State.
166.SWITZERLAND - IRELAND
No convention.
167.SWITZERLAND - ITALY
(a)
Article 3, second sentence, of the Convention on social security of 14 December 1962 as amended by the Complementary Convention of 18 December 1963, the Complementary Agreement No 1 of 4 July 1969, the Additional Protocol of 25 February 1974 and the Complementary Agreement No 2 of 2 April 1980 as regards the payment of cash benefits to persons residing in a third State.
(b)
Article 9(1) of the said Convention.
168.SWITZERLAND - LUXEMBOURG
Article 4(2) of the Convention on social security of 3 June 1967 as amended by the Complementary Convention of 26 March 1976.
169.SWITZERLAND - NETHERLANDS
Article 4, second sentence, of the Convention on social security of 27 May 1970.
170.SWITZERLAND - PORTUGAL
Article 3, second sentence, of the Convention on social security of 11 September 1975 as regards the payment of cash benefits to persons residing in a third State.
171.SWITZERLAND - UNITED KINGDOM
Article 3(1) and (2) of the Convention on social security of 21 February 1968 as regards the payment of cash benefits to persons residing in a third State.’;
(m)
The following shall be added to Annex IV:
‘M.
AUSTRIA
None.
N.
FINLAND
None.
O.
ICELAND
None.
P.
LIECHTENSTEIN
None.
Q.
NORWAY
None.
R.
SWEDEN
None.
S.
SWITZERLAND
None.’;
(n)
The following shall be added to Annex VI:
‘M.
AUSTRIA
1.
For the purpose of applying Chapter 1 of Title III of the Regulation, a person receiving a civil servant's pension shall be considered to be a pensioner.
2.
For the purpose of applying Article 46(2) of the Regulation, increments for contributions for supplementary insurance and the miner's supplementary benefit under Austrian legislation shall be disregarded. In these cases the amount calculated according to Article 46(2) of the Regulation shall be increased by increments for contributions for supplementary insurance and the miner's supplementary benefit.
3.
For the purpose of applying Article 46(2) of the Regulation, in applying Austrian legislation the day relevant for a pension (Stichtag) shall be considered as the date when the risk materializes.
4.
The application of the provisions of the Regulation shall not have the effect of reducing any entitlement to benefits by virtue of Austrian legislation with regard to persons who have suffered in their social security situation for political or religious reasons or for reasons of their descent.
N.
FINLAND
1.
In order to determine whether the period between the occurrence of the pension contingency and the pensionable age (future period) should be taken into account when calculating the amount of the Finnish employment pension, the periods of insurance or residence under the legislation of another State to which this Regulation applies shall be taken into consideration for the condition relating to residence in Finland.
2.
Where employment or self-employment in Finland has terminated and the contingency occurs during employment or self-employment in another State to which this Regulation applies and where the pension according to the Finnish employment pension legislation no longer includes the period between the contingency and the pensionable age (future period), periods of insurance under the legislation of another State to which this Regulation applies shall be taken into consideration for the requirement of the future period as if they were periods of insurance in Finland.
3.
When, under the legislation of Finland, an increment is payable by an institution in Finland because of a delay in processing a claim for a benefit, a claim submitted to an institution of another State to which this Regulation applies shall, for the purpose of applying the provisions of the Finnish legislation relating to such increment, be considered to have been presented on the date when that claim, along with all necessary enclosures, reaches the competent institution in Finland.
O.
ICELAND
Where employment or self-employment in Iceland has terminated and the contingency occurs during employment or self-employment in another State to which this Regulation applies and where the disability pension of both the social security and the supplementary pension schemes (pension funds) in Iceland no longer includes the period between the contingency and the pensionable age (future periods), periods of insurance under the legislation of another State to which this Regulation applies shall be taken into consideration for the requirement of the future periods as if they were periods of insurance in Iceland.
P.
LIECHTENSTEIN
Any employed or self-employed person who is no longer subject to the Liechtenstein legislation on invalidity insurance shall, for the purpose of Chapter 3 of Title III of the Regulation, be considered as insured under this insurance for the granting of an ordinary invalidity pension if:
(a)
either for the date on which the insurance risk materializes according to the provisions of the Liechtenstein legislation on invalidity insurance:
(i)
he benefits from rehabilitation measures provided under the invalidity insurance of Liechtenstein; or
(ii)
he is insured under the legislation on old age, survivors' or invalidity insurance of another State to which this Regulation applies; or
(iii)
he can establish a claim to pensions under the invalidity or old age insurance of another State to which this Regulation applies or if he receives such a pension; or
(iv)
he is incapable for work under the legislation of another State to which this Regulation applies and can establish a claim to benefits from the sickness or accident insurance of that State or if he receives such a benefit; or
(v)
he can establish a claim, due to unemployment, to cash benefits from the unemployment insurance of another State to which this Regulation applies or if he receives such a benefit;
(b)
or if he worked in Liechtenstein as a frontier worker and, within the three years immediately before the risk materializes according to the Liechtenstein legislation, he paid contributions under this legislation for at least twelve months; or
(c)
if he has to give up his employment or self-employment in Liechtenstein following an accident or illness, for as long as he stays in Liechtenstein; he shall be required to contribute on the same basis as a person without a gainful activity.
Q.
NORWAY
1.
The transitional provisions of the Norwegian legislation entailing a reduction of the insurance period which is required for a full supplementary pension for persons born before 1937 shall be applicable to persons covered by the Regulation provided that they have been residents of Norway, or engaged in gainful occupation as employed or self-employed in Norway, for such a number of years as is required after their sixteenth birthday and before 1 January 1967. This requirement shall be one year for each year the person's year of birth falls before 1937.
2.
A person insured under the National Insurance Act who provides care to insured care-needing old, disabled or sick persons shall, according to prescribed conditions, be credited pension points for such periods. Likewise, a person who takes care of small children shall be credited pension points when staying in another State to which this Regulation applies than Norway provided that the person concerned is on parental leave under Norwegian labour law.
R.
SWEDEN
1.
When applying Article 18(1) for the purpose of establishing a person's entitlement to parental benefits' periods of insurance completed under the legislation of another State to which this Regulation applies than Sweden shall be considered to be based on the same average earnings as the Swedish periods of insurance to which they are aggregated.
2.
The provisions of the Regulation on the aggregation of insurance or residence periods shall not apply to the transitional rules of the Swedish legislation on the right to a more favourable calculation of basic pensions for persons residing in Sweden for a specified period preceding the date of the claim.
3.
For the purpose of establishing the entitlement to an invalidity or survivor's pension partly based on future assumed insurance periods a person shall be considered to meet the insurance and income requirements of the Swedish legislation when covered as an employed or self-employed person by an insurance or residence scheme of another State to which this Regulation applies.
4.
Years of care of small children shall, according to prescribed conditions of the Swedish legislation, be considered as insurance periods for supplementary pension purposes even when the child and the person concerned are residing in another State to which this Regulation applies, provided that the person taking care of the child is on parental leave under the provisions of the Law on Right to Leave for Child Rearing.
S.
SWITZERLAND
1.
Where according to the provisions of the Regulation a person is entitled to apply for membership with a Swiss recognized sickness fund, the members of his family residing in the territory of another State to which this Regulation applies are also entitled to apply for membership with the same sickness fund.
2.
For the purposes of Article 9(2) and Article 18(1) of the Regulation, insurance periods completed under the legislation of another State to which this Regulation applies shall be taken into account as if the person concerned was a “Züger - passant - passante” (passer) according to the Swiss legislation. The insurance or entitlement as a member of the family is assimilated to a personal insurance.
3.
Any employed or self-employed person who is no longer subject to the Swiss legislation on invalidity insurance shall, for the purposes of Chapter 3 of Title III of the Regulation, be considered as insured under this insurance for the granting of an ordinary invalidity pension if:
(a)
either for the date on which the insurance risk materializes according to the provisions of the Swiss legislation on invalidity insurance:
(i)
he benefits from rehabilitation measures provided under the Swiss invalidity insurance; or
(ii)
he is insured under the legislation on old age, survivors' or invalidity insurance of another State to which this Regulation applies; or
(iii)
he can establish a claim to pensions under the invalidity or old age insurance of another State to which this Regulation applies or if he receives such a pension; or
(iv)
he is incapable for work under the legislation of another State to which this Regulation applies and can establish a claim to benefits from the sickness or accident insurance of that State or if he receives such a benefit; or
(v)
he can establish a claim, due to unemployment, to cash benefits from the unemployment insurance of another State to which this Regulation applies or if he receives such a benefit;
(b)
or if he worked in Switzerland as a frontier worker and, within the three years immediately before the risk materializes according to the Swiss legislation, he paid contributions under this legislation for at least twelve months;
(c)
or if he has to give up his employment or self-employment in Switzerland following an accident or illness, for as long as he stays in Switzerland; he shall be required to contribute on the same basis as a person without a gainful activity.’
(o)
The following shall be added to Annex VII:
‘10.Where a person is self-employed in Austria and gainfully employed in any other State to which this Regulation applies.
11.Where a person resident in Finland is self employed in Finland and gainfully employed in any other State to which this Regulation applies.
12.Where a person resident in Iceland is self-employed in Iceland and gainfully employed in any other State to which this Regulation applies.
13.Where a person is self-employed in Liechtenstein and gainfully employed in any other State to which this Regulation applies.
14.Where a person resident in Norway is self-employed in Norway and gainfully employed in any other State to which this Regulation applies.
15.Where a person resident in Sweden is self-employed in Sweden and gainfully employed in any other State to which this Regulation applies.
16.Where a person is self-employed in Switzerland and gainfully employed in any other State to which this Regulation applies.’
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