DECISION No 85 of 22 February 1973 concerning the interpretation of Article 57 (1) of Regulation (EEC) No 1408/71 and of Article 67 (3) of Regulation (EEC) No 574/72 relating to the determination of the applicable legislation and the institution competent for the award of benefits in respect of occupational diseases

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS;

Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all questions of interpretation arising from the provisions of Regulations (EEC) Nos 1408/71 and 574/72;

Whereas Decision No 62 published in the Official Journal of the European Communities, No 296 of 6 December 1967 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations, there are grounds for adopting a new decision specifying the conditions under which the institution to which is forwarded a notification of an occupational disease under Article 67 (3) of Regulation (EEC) No 574/72 should grant benefit;

Whereas, according to Article 57 (1) of Regulation (EEC) No 1408/71 a worker who has contracted an occupational disease and who has pursued continuously or intermittently, an activity likely to cause that disease in the territory of several Member States, shall receive compensation in accordance with the legislation, not necessarily of the very last of those States but of the last Member State the conditions of whose legislation the person concerned satisfies;

Whereas, according to Article 67 (3) of Regulation (EEC) No 574/72, the competent institution of the Member State, in the territory of which the person who has contracted an occupational disease last pursued the activity likely to cause the occupational disease from which he is suffering, must inform the competent institution of the Member State in the territory of which he previously pursued such an activity, when the competent institution establishes that he does not satisfy the conditions laid down by the legislation which it applies;

Whereas the minimum degree of incapacity upon which the legislation of certain Member States makes the award of a pension in respect of an occupational disease conditional, constitutes one of the conditions referred to in Article 57 (1) of Regulation (EEC) No 1408/71 and Article 67 (3) of (EEC) Regulation No 574/72;

Whereas only the institution of a Member State the legislation of which makes the award of pension in respect of an occupational disease conditional upon a minimum degree of incapacity shall be competent to determine whether the conditions laid down by that legislation have been satisfied, subject to any appeals made by the person concerned following the notification provided for in Article 67 (3) (b) of the said Regulation (EEC) No 574/72, after deliberation in the light of the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71;

HAS DECIDED:

1. The institution to which notification of an occupational disease has been forwarded by virtue of Article 67 (3) of Regulation (EEC) No 574/72 must award benefits if the person who has contracted the occupational disease satisfies the conditions laid down by the legislation which it applies, taking into account, where appropriate, the provisions of Article 57 (2) and (3) of Regulation (EEC) No 1408/71 including cases where the decision to reject the claim made by the institution which forwarded to it the notification is based on the fact that the degree of incapacity of the person who has contracted the occupational disease is less than the minimum degree laid down by the legislation applied by the latter institution.

2. This Decision shall be published in the Official Journal of the European Communities. It shall apply to the six Founder Member States as from 1 October 1972 and, in accordance with the Treaty of Accession as from 1 April 1973 for the three new Member States.

The President of the Administrative Commission

J. DONIS