Regulation 1971/1408 - Application of social security schemes to employed persons and their families moving within the EC - Main contents

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Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community

Official Journal L 149 , 05/07/1971 P. 0002 - 0050

Danish special edition: Series I Chapter 1971(II) P. 0366

English special edition: Series I Chapter 1971(II) P. 0416

Greek special edition: Chapter 05 Volume 1 P. 0073

Spanish special edition: Chapter 05 Volume 1 P. 0098

Portuguese special edition Chapter 05 Volume 1 P. 0098

Finnish special edition: Chapter 5 Volume 1 P. 0057

Swedish special edition: Chapter 5 Volume 1 P. 0057

REGULATION (EEC) No 1408/71 OF THE COUNCIL of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 2, 7 and 51 thereof;

Having regard to the proposals from the Commission drawn up after consultation with the Administrative Commission on Social Security for Migrant Workers [1];

[1] OJ No 194, 28.10.1966, p. 3333/66 and OJ No C 95, 21.9.1968, p. 18.

Having regard to the Opinions of the European Parliament [2];

[2] OJ No C 10, 14.2.1968, p. 30 and OJ No C. 135, 14.12.1968, p. 4.

Having regard to the Opinions of the Economic and Social Committee [3];

[3] OJ No 64,5.4.1967,p.1009/67 and OJ No C 21,20.2.1969, p. 18.

Whereas the need for a general revision of Council Regulation No 3 [4] on social security for migrant workers has become progressively more apparent, both in the light of the practical experience of its implementation since 1959 and as a result of amendments made to national legislations;

[4] OJ No 30, 16.12.1958, p. 561/58.

Whereas the existing provisions for co-ordination can, as a whole, be developed, improved and to some extent simplified at the same time, taking into account the considerable differences existing between national social security legislations;

Whereas it is appropriate at this time to bring together in a single legislative instrument all the basic provisions for implementing Article 51 of the Treaty for the benefit of workers, including frontier workers, seasonal workers and seamen;

Whereas the considerable differences existing between national legislations as regards the persons to whom they apply make it preferable to establish the principle that the Regulation applies to all nationals of Member States insured under social security schemes for employed persons;

Whereas the provisions for co-ordination of national social security legislations fall within the framework of freedom of movement for workers who are nationals of Member States and should, to this end, contribute towards the improvement of their standard of living and conditions of employment, by guaranteeing within the Community firstly equality of treatment for all nationals of Member States under the various national legislations and secondly social security benefits for workers and their dependents regardless of their place of employment or of residence;

Whereas these objectives must be attained in particular by aggregation of all the periods taken into account under the various national legislations for the purpose of acquiring and retaining the right to benefits and of calculating the amount of benefits, and by the provision of benefits for the various categories of persons covered by the Regulation regardless of their place of residence within the Community;

Whereas the provisions for co-ordination adopted for the implementation of Article 51 of the Treaty must guarantee to workers who move within the Community their accrued rights and advantages whilst not giving rise to unjustified overlapping of benefits;

Whereas to this end, persons entitled to benefits for invalidity, old age and death (pensions) must be able to enjoy all the benefits which...

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