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)
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
Article 2
Persons covered
Article 3
Matters covered
Article 4
Equality of treatment
Article 5
Equal treatment of benefits, income, facts or events
Article 6
Aggregation of periods
Article 7
Waiving of residence rules
Article 8
Relations between this Regulation and other coordination instruments
Article 9
Declarations by the Member States on the scope of this Regulation
Article 10
Prevention of overlapping of benefits
TITLE II
DETERMINATION OF THE LEGISLATION APPLICABLE
Article 11
General rules
Article 12
Special rules
Article 13
Pursuit of activities in two or more Member States
Article 14
Voluntary insurance or optional continued insurance
Article 15
Auxiliary staff of the European Communities
Article 16
Exceptions to Articles 11 to 15
TITLE III
SPECIAL PROVISIONS CONCERNING THE VARIOUS CATEGORIES OF BENEFITS
CHAPTER
Sickness, maternity and equivalent paternity benefits
Section 1
Insured persons and members of their families, except pensioners and members of their families
Article 17
Residence in a Member State other than the competent Member State
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
Article 19
Stay outside the competent Member State
Article 20
Travel with the purpose of receiving benefits in kind - Authorisation to receive appropriate treatment outside the Member State of residence
Article 21
Cash benefits
Article 22
Pension claimants
Section 2
Pensioners and members of their families
Article 23
Right to benefits in kind under the legislation of the Member State of residence
Article 24
No right to benefits in kind under the legislation of the Member State of residence
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
Article 26
Residence of members of the family in a Member State other than the one in which the pensioner resides
Article 27
Stay of the pensioner or the members of his 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
Article 28
Special rules for retired frontier workers
Article 29
Cash benefits for pensioners
Article 30
Contributions by pensioners
Section 3
Common provisions
Article 31
General provision
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
Article 33
Substantial benefits in kind
Article 34
Overlapping of long-term care benefits
Article 35
Reimbursements between institutions
CHAPTER 2
Benefits in respect of accidents at work and occupational diseases
Article 36
Right to benefits in kind and in cash
Article 37
Costs of transport
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
Article 39
Aggravation of an occupational disease
Article 40
Rules for taking into account the special features of certain legislation
Article 41
Reimbursements between institutions
CHAPTER 3
Death grants
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
Article 43
Provision of benefits in the event of the death of a pensioner
CHAPTER 4
Invalidity Benefits
Article 44
Persons subject only to type A legislation
Article 45
Special provisions on aggregation of periods
Article 46
Persons subject either only to type B legislation or to type A and B legislation
Article 47
Aggravation of invalidity
Article 48
Conversion of invalidity benefits into old-age benefits
Article 49
Special provisions for civil servants
CHAPTER 5
Old-age and survivors' pensions
Article 50
General provisions
Article 51
Special provisions on aggregation of periods
Article 52
Award of benefits
Article 53
Rules to prevent overlapping
Article 54
Overlapping of benefits of the same kind
Article 55
Overlapping of benefits of a different kind
Article 56
Additional provisions for the calculation of benefits
Article 57
Periods of insurance or residence of less than one year
Article 58
Award of a supplement
Article 59
Recalculation and revaluation of benefits
Article 60
Special provisions for civil servants
CHAPTER 6
Unemployment benefits
Article 61
Special rules on aggregation of periods of insurance, employment or self-employment
Article 62
Calculation of benefits
Article 63
Special provisions for the waiving of residence rules
Article 64
Unemployed persons going to another Member State
Article 65
Unemployed persons who resided in a Member State other than the competent State
CHAPTER 7
Pre-retirement benefits
Article 66
Benefits
CHAPTER 8
Family benefits
Article 67
Members of the family residing in another Member State
Article 68
Priority rules in the event of overlapping
Article 69
Additional provisions
CHAPTER 9
Special non-contributory cash benefits
Article 70
General provision
TITLE IV
ADMINISTRATIVE COMMISSION AND ADVISORY COMMITTEE
Article 71
Composition and working methods of the Administrative Commission
Article 72
Tasks of the Administrative Commission
Article 73
Technical Commission for Data Processing
Article 74
Audit Board
Article 75
Advisory Committee for the Coordination of Social Security Systems
TITLE V
MISCELLANEOUS PROVISIONS
Article 76
Cooperation
Article 77
Protection of personal data
Article 78
Data processing
Article 79
Funding of activities in the social security field
Article 80
Exemptions
Article 81
Claims, declarations or appeals
Article 82
Medical examinations
Article 83
Implementation of legislation
Article 84
Collection of contributions and recovery of benefits
Article 85
Rights of institutions
Article 86
Bilateral agreements
TITLE VI
TRANSITIONAL AND FINAL PROVISIONS
Article 87
Transitional provisions
Article 88
Updating of the Annexes
Article 89
Implementing Regulation
Article 90
Repeal
Article 91
Entry into force
ANNEX I
Advances of maintenance payments and special childbirth and adoption allowances
(Article 1(z))
I. Advances of maintenance payments
A. BELGIUM
B. DENMARK
C. GERMANY
D. FRANCE
E. AUSTRIA
F. PORTUGAL
G. FINLAND
H. SWEDEN
II. Special childbirth and adoption allowances
A. BELGIUM
B SPAIN
C. FRANCE
D. LUXEMBOURG
E. FINLAND
ANNEX II
Provisions of conventions which remain in force and which, where applicable, are restricted to the persons covered thereby
(Article 8(1))
ANNEX III
Restriction of rights to benefits in kind for members of the family of a frontier worker
(Article 18(2))
ANNEX IV
More rights for pensioners returning to the competent Member State
(Article 27(2))
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 Member State of residence is situated also appears on the list)
(Article 28(2))
ANNEX VI
Identification of type A legislation which should be subject to special coordination
(Article 44(1))
A. GREECE
B. IRELAND
C. FINLAND
D. SWEDEN
E. UNITED KINGDOM
ANNEX VII
CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY
(Article 46(3) of the Regulation)
BELGIUM
Member State |
Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity |
Schemes administered by Belgian institutions on which the decision is binding in cases of concordance |
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General scheme |
Miners' scheme |
Mariners' scheme |
Ossom |
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General invalidity |
Occupational invalidity |
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FRANCE |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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ITALY |
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No concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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No concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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LUXEMBOURG(1) |
Workers' invalidity – manual workers |
Concordance |
Concordance |
Concordance |
Concordance |
No concordance |
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Invalidity – clerical staff |
Concordance |
Concordance |
– Concordance |
Concordance |
No concordance |
FRANCE
Member State |
Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity |
Schemes administered by French institutions on which the decision is binding in cases of concordances |
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General scheme |
Agricultural scheme |
Miners' scheme |
Mariners' scheme |
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Group I |
Group II |
Group III Constant attendance |
2/3 Invalidity |
Total invalidity |
Constant attendance |
2/3 General invalidity |
Constant attendance |
Occupational invalidity |
2/3 General invalidity |
Total occupational invalidity |
Constant attendance |
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BELGIUM |
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Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
Concordance(3) |
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Concordance(2) |
No concordance |
No concordance |
Concordance(2) |
No concordance |
No concordance |
Concordance(2) |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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ITALY |
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Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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LUXEMBOURG(4) |
Invalidity – manual workers |
Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
Concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
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Invalidity – clerical staff |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
No concordance |
ITALY
Member State |
Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity |
Schemes administered by Italian institutions on which the decision is binding in cases of concordance |
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General scheme |
Mariners Unfit for navigation |
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Manual workers |
Clerical staff |
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BELGIUM |
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No concordance |
No concordance |
No concordance |
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Concordance |
Concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
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FRANCE |
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Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
No concordance |
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Concordance |
Concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
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No concordance |
No concordance |
No concordance |
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LUXEMBOURG(5)
Member State |
Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity |
Schemes administered by Luxembourg institutions on which the decision is binding in cases of concordance |
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Invalidity – manual workers |
Invalidity – clerical staff |
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BELGIUM |
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Concordance |
Concordance |
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No concordance |
No concordance |
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No concordance |
No concordance |
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Concordance(6) |
No concordance(6) |
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FRANCE |
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Concordance |
Concordance |
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Concordance |
Concordance |
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Concordance |
Concordance |
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Concordance |
Concordance |
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Concordance |
Concordance |
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Concordance |
Concordance |
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Concordance |
Concordance |
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Concordance |
Concordance |
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No concordance |
No concordance |
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Concordance |
Concordance |
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Concordance |
concordance |
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No concordance |
No concordan |