Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) N° 883/2004 on the coordination of social security systems, and determining the content of Annex XI - Relevant parts to Title III, chapter I, of the proposal laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Sickness, maternity and equivalent paternity benefits).

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Tekst

COUNCIL OF THE EUROPEAN UNION

Brussels, 30 January 2007

5763/1

Interinstitutional File: 2006/0008 (COD)

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SOC 36 CODEC 77

OUTCOME OF PROCEEDINGS

of :

on

The Social Questions Working Party 23 and 24 January 2007

No. prev. doc. : 13902/06 SOC 456 CODEC 1092

No. Cion prop. : 5672/06 SOC 28 CODEC 66 - COM(2006) 7 final

Subject :             Proposal for a Regulation of the European Parliament and of the Council

amending Regulation (EC) N° 883/2004 on the coordination of social security systems, and determining the content of Annex XI - Relevant parts to Title III, chapter I, of the proposal laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Sickness, maternity and equivalent paternity benefits).

At its meeting on 23-24 January 2007, the Social Questions Working Party held a substantive discussion on the relevant parts to Title III, chapter I, of the above-mentioned proposal, on the basis of document 5672/06.

The outcome of the discussions is set out in the Annex. Any new text appears in bold, deletions are indicated by [….]. Delegations' remarks appear in footnotes.

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ANNEX

  • 3. 
    Annex XI is replaced by the following:

“ANNEX XI

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF

THE MEMBER STATES

(Articles 51(3), 56(1) and 83)

C. DENMARK

  • 1. 
    (deleted).1

D. GERMANY

  • 1. 
    Notwithstanding Article 5(a), pensions which are paid by the institution of another Member State are subject to compulsory insurance with the sickness insurance scheme for pensioners to the extent determined by German legislation alone.2

1       As agreed by the Working Party upon DK's request (DS 33/07). Referring to Article 31 of the draft implementing Regulation, DK requested that the existing entry under C. DENMARK No 10 in Annex VI of Regulation (EEC) No 1408/71 be incorporated into the draft Regulation regarding Annex XI. FI made the same request with regard to existing entry W. FINLAND (DS 45/07) and SE announced that it would submit a similar request. While open to improvements with regard to Article 31, CION nevertheless wished to stick to a horizontal provision as this issue also affected other Member States.

2       A number of delegations and CION stressed that the wording should be clarified. It was agreed that this entry would have to be discussed again in connection with Article 29 of the draft implementing Regulation, bearing in mind the ECJ Nikula judgement (case C 50/05, 18 July 2006).

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  • 2. 
    A person in receipt of a pension under German legislation and a pension under the legislation of another Member State shall be deemed, for the purpose of applying Article 23, to be entitled to sickness and maternity benefits in kind if, under Article 8(1), point 4, of the Sozialgesetzbuch V (VolumeV of the Social Code), that person is exempted from compulsory sickness insurance.3

H.

FRANCE

  • 1. 
    For persons receiving benefits in kind in France pursuant to Articles 17, 24 or 26 of the Regulation who are resident in the French departments of Haut-Rhin, Bas-Rhin or Moselle, benefits in kind provided on behalf of the institution of another Member State which is responsible for bearing their cost include benefits provided by both the general sickness insurance scheme and the obligatory supplementary local sickness insurance scheme of Alsace-Moselle.4

I. IRELAND

  • 1. 
    For the purposes of calculating the earnings for the granting of sickness benefit or unemployment benefit under Irish legislation, an amount equal to the average weekly wage in that year of employed persons shall, notwithstanding Articles 21(2) and 62, be credited to the employed person in respect of each week of activity as an employed person under the legislation of another Member State during the prescribed period.5

It was agreed that the wording would have to be clarified. Considering that this issue could

also be faced by other Member States, ES put forward an alternative proposal for Article

22(4) of the implementing Regulation (DS 49/07). AT, FR and CION supported ES' point in

favour of an horizontal provision.

It was agreed that the French version of this entry, which was found acceptable by all

delegations and the Commission, would have to be aligned on the changes suggested by FR

(DS 114/06).

The Working Party agreed on this entry, subject to any possible minor drafting amendments

by IE.

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3

4

5

Q. NETHERLANDS6

1.

Health care insurance

(a)     As regards entitlement to benefits in kind under Netherlands legislation, persons entitled to benefits in kind for the purpose of the implementation of Chapters 1 and 2 of Title III of this Regulation shall mean:

(i) persons who, under Article 2 of the Zorgverzekeringswet (Health Care

Insurance Act), are obliged to take out insurance under a health care insurer,

and

(ii) insofar as they are not already included under point (i), persons who are

resident in another Member State and who, under the Regulation are entitled to health care in their state of residence, the costs being borne by the Netherlands.

(b)    The persons referred to in paragraph 1(a)(i) must, in accordance with the provisions of the Zorgverzekeringswet (Health Care Insurance Act) take out insurance with a health care insurer, and the persons referred to in paragraph 1(a)(ii) must register with the College voor zorgverzekeringen (Health Care Insurance Board).

(c)     The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Algemene wet bijzondere ziektekosten (Law on General Insurance Against Special Medical Expenses) concerning liability for the payment of contributions shall apply to the persons referred to under paragraph 1(a) and the members of their families. In respect of family members, the contributions shall be levied on the person from whom the right to health care is derived.

The Working Party agreed on this entry, as aligned on the relevant entry in Council Regulation No 1992/2006 (Miscellaneous Amendments 2005), with the exception of (h) which would have to be discussed again in connection with the financial provisions of the draft implementing Regulation.

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(d)    The provisions of the Zorgverzekeringswet (Health Care Insurance Act) concerning late insurance shall apply mutatis mutandis in the event of late registration with the College voor zorgverzekeringen (Health Care Insurance Board) in respect of the persons referred to in paragraph 1(a)(ii).

(e)     Persons entitled to benefits in kind by virtue of the legislation of a Member State other than the Netherlands who reside in the Netherlands or stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with the policy offered to insured persons in the Netherlands by the institution of the place of residence or the place of stay, taking into account Article 11(1), (2) and (3) and Article 19(1) of the Zorgverzekeringswet (Health Care Insurance Act), as well as to benefits in kind provided for by the Algemene wet bijzondere ziektekosten (Law on General Insurance Against Special Medical Expenses).

(f)     For the purposes of Articles 23 to 30, the pensions to be treated as pensions payable under the legal provisions mentioned in subparagraphs (b) (invalidity) and (c) (old age) of the declaration of the Kingdom of the Netherlands under Article 9 of this Regulation shall be:

– pensions awarded under the Law of 6 January 1966 on pensions for civil servants and their survivors (Algemene burgerlijke pensioenwet) (Netherlands Civil Service Pensions Act);

– pensions awarded under the Law of 6 October 1966 on pensions for military personnel and their survivors (Algemene militaire pensioenwet) (Military Pensions Act);

– (deleted)

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– pensions awarded under the Law of 15 February 1967 on pensions for employees of the NV Nederlandse Spoorwegen (Netherlands Railway Company) and their survivors (Spoorwegpensioenwet) (Railway Pensions Act);

– pensions awarded under the Reglement Dienstvoorwaarden Nederlandse Spoorwegen (Regulation governing conditions of employment of the Netherlands Railway Company);

– benefits awarded to retired persons before reaching the pensionable age of 65 years under a pension designed to provide income for former employed persons in their old age, or benefits provided in the event of premature exit from the labour market under a scheme set up by the state or by an industrial agreement for persons aged 55 or over […..]

– benefits awarded to military personnel and civil servants under a scheme applicable in the event of redundancy, superannuation and early retirement.

(g) For the purposes of Chapters 1 and 2 of Title III of this Regulation, the no-claims refund provided for in the Netherlands scheme in the event of limited use of health care facilities shall be deemed to be a sickness benefit in cash.

(h) When applying Article 34, the Netherlands will provide a list of estimates of the amounts which are as close as possible to the actual expenditure incurred.7

See footnote 6.

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2.

Originele weergave

afbeelding document
 
 

3.

Meer informatie