23.8.91 Official Journal of the European Communities DECISION No 147 _ of 10 October 1990 «<oncerning the application of Article 76 of Regulation (EEC) No 1408/71 (91/425/EEC) THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS, Having regard to Article 81 (a) of Council Regulatian (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under which it is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations, ' : Having regard to Article 2 (1) of Council Reéulation (EEC) Na 574/72 of 21 March 1972 under which it is the duty of the Administrative Commission to draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations, Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 amending, in particular, Article 76 of Regulation (EEC) No 1408/71, ' Whereas Article 76 now provides, in paragraph 1, that in the case of overlapping of rights to family benefits under the legislation of the competent State and under the legislation of the State of residence of the members of the family, the amount provided for by the legislation of the competent State shall be suspended up to the amount provided for by the legislation of the State of residence of the members of the family, and in paragraph 2 that if an application for benefits is not made in the State of residence, the competent institution of the other State may apply the provisions of paragraph 1 as if benefits were grarted in the first State; Whereas it is therefore necessary to define the procedure or implementing the said Article with regard to the information to be provided by the institution of the place of residence to the competent institution for the purposes of the aforementioned suspension, with regard to the comparison between the amounts provided for by the two legislations concerned, and with regard to the determination of the differential supplement that may have to be paid by the competent institution; Whereas it is necessary for this purpose to draw up an amended model form E 411; \ Whereas the language in which the forms are to be issued has been settled by Recommendation No 15 of the Administrative Commission; Whereas, finally, it is necessary to specify the rate of conversion of currencies to be used for the purpose of the aforementioned comparison, HAS DECIDED AS FOLLOWS: 1. (a) If the competent institution does not have at its disposal information showing that an occupation (or activity treated as such within the meaning of Decision No 119) giving entitlement to family benefits is pursued in the State of residence of the members of the family, that institution shall pay the family benefits in full. "No L 235721