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12. 2. 1999 EN Official Journal of the European Communities L 38/1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 307/1999 of 8 February 1999 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 and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover s
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  EN Official Journal of the European Communities12. 2. 1999 L 38/1 I (Acts whose publication is obligatory)  COUNCIL REGULATION (EC) No 307/1999of 8 February 1999amending Regulation (EEC) No 1408/71 on the application of social security schemesto employed persons, to self-employed persons and to members of their familiesmoving within the Community and Regulation (EEC) No 574/72 laying down theprocedure for implementing Regulation (EEC) No 1408/71 with a view to extendingthem to cover students THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 51and 235 thereof,Having regard to the proposal from the Commission ( 1 ), submitted after consultation of theAdministrative Commission on Social Security for Migrant Workers,Having regard to the opinion of the European Parliament ( 2 ),Having regard to the opinion of the Economic and Social Committee ( 3 ),(1) Whereas point (c) of Article 3 of the Treaty lays down that the activities of the Communityshall include, as provided in the Treaty, the abolition, as between Member States, ofobstacles to the free movement of persons;(2) Whereas Article 7a of the Treaty provides that the internal market shall comprise an areawithout internal frontiers in which the free movement of goods, persons, services andcapital is ensured in accordance with the provisions of the Treaty;(3) Whereas with a view to establishing the free movement of employed and self-employedpersons and removing the obstacles that would, in the field of social security, result fromthe application of national legislation only, the Council, on the basis of Articles 51 and 235of the Treaty, adopted Regulation (EEC) No 1408/71 on the application of social securityschemes to employed persons, to self-employed persons and members of their familiesmoving within the Community ( 4 ) and Regulation (EEC) No 574/72 laying down theprocedure for implementing Regulation (EEC) No 1408/71 ( 5 );(4) Whereas, moreover, the scope of the Regulation (EEC) No 1408/71 should be extended toinclude, in principle, the special schemes covering students;(5) Whereas, in the social security field, the application of national legislation alone does notafford sufficient protection for students moving within the Community; whereas, in orderto make the free movement of persons fully effective, the social security schemes applic-able to them should be coordinated; ( 1 ) OJ C 46, 20. 2. 1992, p. 1.( 2 ) OJ C 94, 13. 4. 1992, p. 326.( 3 ) OJ C 98, 21. 4. 1992, p. 4.( 4 ) OJ L 149, 5. 7. 1971, p. 2. Regulation as last amended by Regulation (EC) No 1606/98 (OJ L 209, 25. 7.1998, p. 1).( 5 ) OJ L 74, 27. 3. 1972, p. 1. Regulation as last amended by Regulation (EC) No 1606/98 (OJ L 209, 25. 7.1998, p. 1).  EN Official Journal of the European Communities 12. 2. 1999L 38/2(6) Whereas, for reasons of equity, specific rules applicable to employed and self-employedpersons should be applied to students; whereas those rules, for the sake of simplicity andclarity, should supplement the provisions already in force for employed and self-employedpersons and members of their families;(7) Whereas it is necessary to adapt Regulations (EEC) No 1408/71 and (EEC) No 574/72 asnecessary for their provisions to apply to students moving within the Community, takingaccount of the specific situation of those persons, the special features of the schemes underwhich they are insured, and the benefits to which they are entitled;(8) Whereas, although the specific nature of the situation relating to students may not haveenabled rules to be laid down to determine which legislation is applicable, it is neverthe-less desirable, as far as possible, to prevent the persons concerned from being subject to adouble levy of contributions, or acquiring dual rights to benefits;(9) Whereas the adaptations to be made to the enacting terms of Regulation (EEC) No1408/71 require adaptation of Annex VI thereto;(10) Whereas the specific situation of Luxembourg, where all students who study abroad areentitled to health care, justifies such students being automatically exempted from therequirement to join a health insurance scheme in the country in which they pursue theirstudies;(11) Whereas, because of the specific situation of students, it has not been possible to set up acomprehensive system for the coordination of the social security rights of students atCommunity level, in particular in respect of invalidity benefits; whereas social securitybenefits available to students vary greatly between Member States particularly with regardto special non-contributory benefits designed to help towards the additional costs arisingfrom the care and mobility needs of disabled people; whereas the Court of Justice of theEuropean Communities has recognised that the detailed rules for granting certain benefitsare closely linked to a particular economic and social context; whereas a limited derogationfrom the rules on the coordination of periods applied by Article 10a(2) of Regulation (EEC)No 1408/71 is therefore justified;(12) Whereas the Treaty has not provided the necessary powers to take appropriate measureswithin the field of social security for students, and therefore having recourse to Article 235,in addition to Article 51, is justified;(13) Whereas this Regulation applies without prejudice to the conditions laid down byDirective 93/96/EEC ( 1 ) for the right of residence for students, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 1408/71 is hereby amended as follows:1. Article 1 is hereby amended as follows:(a) the following point shall be added after point (c):‘(ca) “student” means any person other than an employed or self-employed person or amember of his family or survivor within the meaning of this Regulation who studiesor receives vocational training leading to a qualification officially recognised by theauthorities of a Member State, and is insured under a general social security schemeor a special social security scheme applicable to students;' ( 1 ) OJ L 317, 18. 12. 1993, p. 59.  EN Official Journal of the European Communities12. 2. 1999 L 38/3(b) in points (f), (i) and (ii), the words ‘employed or self-employed person' shall be replaced bythe words ‘employed or self-employed person or student';2. Article 2 shall be replaced by the following: ‘Article 2  Persons covered 1. This Regulation shall apply to employed or self-employed persons and to students whoare or have been subject to the legislation of one or more Member States and who arenationals of one of the Member States or who are stateless persons or refugees residing withinthe territory of one of the Member States, as well as to the members of their families andtheir survivors.2. This Regulation shall apply to the survivors of employed or self-employed persons andof students who have been subject to the legislation of one or more Member States,irrespective of the nationality of such persons, where their survivors are nationals of one ofthe Member States, or stateless persons or refugees residing within the territory of one of theMember States.';3. in Article 9a, in the German text, the words ‘der Arbeitnehmer oder Selbständige' shall bereplaced by the words ‘die Person';4. in Article 10(2), the words ‘as an employed or self-employed person' shall be deleted;5. Article 22c shall be deleted;6. in Chapter 1 of Title III, the following Section shall be added:‘Section 5a Persons who study or receive vocational training and members of their families Article 34a  Special provisions for students and members of their families The provisions of Article 18, Article 19, Article 22(1)(a) and (c), the second subparagraph ofArticle 22(2), Article 22(3), Article 23, Article 24 and of Sections 6 and 7 shall apply byanalogy to students and to members of their families, as appropriate. Article 34b  Common provisions A person, as referred to in Article 22(1) and (3) and in Article 34a, who stays in a MemberState other than the competent State to study there or receive vocational training leading to aqualification officially recognised by the authorities of a Member State, and the members ofhis family accompanying him during his stay, shall be covered by the provisions of Article22(1)(a) for any conditions necessitating benefits during the stay in the territory of theMember State where such person is studying or in training.';7. in Article 35(3), the words ‘shall apply neither to employed or self-employed persons nor tothe members of their families' shall be replaced by ‘shall not apply to persons';8. in Chapter 4 of Title III, the following Section shall be added:‘Section 5 Students Article 63a  The provisions of Sections 1 to 4 shall apply by analogy to students.';  EN Official Journal of the European Communities 12. 2. 1999L 38/49. the following Article shall be inserted: ‘Article 66a  Students The provisions of Articles 64 to 66 shall apply by analogy to students and the members oftheir family.';10. the following Article shall be inserted: ‘Article 76a  Students The provisions of Article 72 shall apply by analogy to students.';11. the following Article shall be inserted: ‘Article 95d  Transitional provisions applicable to students 1. No rights shall be acquired under this Regulation by students, members of theirfamilies or their survivors for any period prior to 1 May 1999.2. Any period of insurance and, where appropriate, any period of employment, self-employment or residence completed under the legislation of a Member State before 1 May1999 shall be taken into account for the determination of rights acquired in accordance withthe provisions of this Regulation.3. Subject to the provisions of paragraph 1, a right shall be acquired under this Regulationeven if it relates to a contingency arising prior to 1 May 1999.4. Any benefit that has not been awarded or that has been suspended on account of thenationality or the residence of the person concerned shall, at the latter’s request, be awardedor resumed from 1 May 1999, provided that the rights for which benefits were previouslyawarded did not give rise to a lump-sum payment.5. If the request referred to in paragraph 4 is lodged within two years from 1 May 1999,rights deriving from this Regulation in favour of students, members of their families andtheir survivors shall be acquired from that date and the provisions of the legislation of anyMember State on the forfeiture or lapse of rights may not be applied to the personsconcerned.6. If the request referred to in paragraph 4 is lodged after expiry of the period of two yearsfollowing 1 May 1999, rights not forfeited or lapsed shall be acquired from the date of suchrequest, subject to any more favourable provisions of the legislation of any Member State.';12. Annex VI shall be amended as follows:(a) in section ‘D. SPAIN' the following point shall be added:‘9. The Spanish special scheme for students (“Seguro Escolar”) is not based, for therecognition of benefits, on completion of periods of insurance, employment andresidence as those expressions are defined in Article 1(r), (s) and (sa) of the Regulation.The Spanish institutions cannot therefore issue the relevant certificates for thepurposes of aggregating periods.Nevertheless, the Spanish special scheme for students will apply to students who arenationals of other Member States and who are studying in Spain, under the sameconditions as students of Spanish nationality.';(b) in section ‘I. LUXEMBOURG', the following point shall be added:‘8. Persons covered by a health insurance scheme in the Grand Duchy of Luxembourgwho pursue their studies in another Member State are exempted from the requirementto join as a student under the legislation of the country where they study.';
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