\nRegulation (EEC) No 1408\/71 \nConsolidated version of 28.04.2006 (unofficial document) – [PDF ]<\/td>\n | 01.10.1972<\/td>\n | –<\/td>\n | L 149 of 05.07.1971<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n <\/span>Replacement of\u00a0 1408\/71<\/span><\/h3>\nRegulation (EC) No 883\/2004of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems [Official Journal L 166 of 30.04.2004]. \nThe European Parliament and the Council have adopted this Regulation in order to simplify and clarify the Community rules on the coordination of Member States\u2019 social security systems. It constitutes the new reference for such coordination and very much simplifies the lives of Community citizens, who can more easily exercise their right to free movement within the EU. Finally, it consolidates the cooperation obligations of administrations in the field of social security. It repeals Regulation (EEC) No 1408\/71 from the date on which its implementing regulation comes into force (scheduled for the end of 2009). In addition, Regulation (EC) No 592\/2008 of the Parliament and of the Council of 17 June 2008, on the implementation of these measures, amends the annexes to Regulation (EEC) No 1408\/71 so as to take account of changes in national legislation.<\/p>\n However, Regulation (EEC) No 1408\/71 remains in force and its legal effects remain valid for the purposes of the following acts:<\/p>\n \n- Council Regulation (EC) No\u00a0859\/2003of 14 May 2003 for nationals of third countries who are not already covered by those provisions solely on the ground of their nationality;<\/li>\n
- Council Regulation (EEC) No 1661\/85 of 13 June 1985 laying down the technical adaptations to the Community rules on social security for migrant workers with regard to Greenland;<\/li>\n
- the Agreement on the European Economic Area, the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons and other agreements containing a reference to Regulation (EEC) No 1408\/71;<\/li>\n
- Council Directive 98\/49\/ECof 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community.<\/li>\n<\/ul>\n
Regulation (EC) No 883\/2004 also makes the electronic exchange of data between Member States\u2019 institutions compulsory from the date on which the new implementing regulation comes into force. The secretariat of the Technical Commission (provided for by Regulation (EC) No 1290\/97 of 27 June 1997, amending Regulation (EEC) No 1408\/71 prepares electronic exchanges on the basis of a common European architecture using the XML (eXtended markup language) standard.<\/p>\n <\/span>Coordination of social security systems<\/span><\/h3>\nThe coordination of social security systems aims at facilitating the free movement of citizens in the European Union (EU). This coordination is founded on the cooperation of national social security administrations.<\/p>\n Regulation (EC) No 883\/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.<\/p>\n The social security systems of the countries of the European Union (EU) are coordinated. Social benefits and the conditions under which they are granted are determined at national level, depending on the traditions and culture of each country.<\/p>\n However, European law lays down rules and principles to guarantee the right of free movement of persons in the EU.<\/p>\n <\/span>Scope<\/span><\/h3>\nThis Regulation applies to all nationals of an EU country who are or who have been covered by the social security legislation of one of those countries, as well as to the members of their family and their survivors.<\/p>\n According to the principle of equal treatment, nationals of an EU country and persons residing in that country without being nationals of it are equal in terms of the rights and obligations provided for by the national legislation.<\/p>\n The provisions of this Regulation apply to all the traditional branches of social security:<\/p>\n \n- sickness,<\/li>\n
- maternity,<\/li>\n
- accidents at work,<\/li>\n
- occupational diseases,<\/li>\n
- invalidity benefits,<\/li>\n
- unemployment benefits,<\/li>\n
- family benefits,<\/li>\n
- retirement and pre-retirement benefits,<\/li>\n
- death grants.<\/li>\n<\/ul>\n
The Regulation also recognizes the principle of the aggregation of periods, pursuant to which periods of insurance, employment or residence in an EU country are taken into account in all the other EU countries. This means that the acquisition of the right to benefits in one State must take account of periods of insurance, employment, self-employment or residence in another EU Member State.<\/p>\n <\/span>Determination of the applicable legislation<\/span><\/h3>\nThe insured person is subject to the legislation of a single Member State only. The Member State concerned is the one in which he or she pursues a gainful activity.<\/p>\n Particular rules are provided for certain categories of workers, such as civil servants who are subject to the legislation of the Member State to which the administration employing them is subject, and workers who are employed or self-employed in several EU countries.<\/p>\n |