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 - Amendments to Regulation (EC) No 883/2004; - Annex VIII; - 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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COUNCIL OF THE EUROPEAN UNION

Brussels, 27 April 2007

9001/07

Interinstitutional File: 2006/0008 (COD)

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SOC 167 CODEC 434

OUTCOME OF PROCEEDINGS of :

The Social Questions Working Party 25 April 2007

No. prev. doc. : No. Cion prop: Subject :

8573/07 SOC 141 CODEC 362

5672/06 SOC 28 CODEC 66 - COM(2006) 7 final

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

-

Amendments to Regulation (EC) No 883/2004;
-

Annex VIII;
-

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 25 April 2007, the Social Questions Working Party held a new discussion on some amendments to Regulation (EC) No 883/2004, on Annex VIII and on the parts of Annex XI which relate to Title III, chapter I of the above-mentioned proposal, on the basis of doc.8573/07.

The outcome of the discussions is set out in the Annex. Changes with regard to doc. 8573/07 are in bold. Delegations' remarks appear in footnotes.

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ANNEX

0.

The following recital is added:

(7a) Article 28 of Regulation (EC) No 883/2004 should be amended in order to clarify and extend its scope and to make sure that family members of former frontier workers may also benefit from the possibility to continue a medical treatment in the former country of employment of the insured person after his/her retirement, unless the Member State where the frontier worker last pursued his/her activity is listed in Annex III.

Article 1

Regulation (EC) No 883/2004 is hereby amended as follows:

0a. In Article 1, the following definition is added:

(v1) "Benefits in kind” pursuant to Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits) means benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care . This includes long-term care benefits in kind." ¹

1.

(pm).

¹ IT, MT, and SE maintained scrutiny reservations on the last sentence as they felt it should be removed. ES and UK expressed a preference for removing that sentence. AT and CION could not accept removing it. Stressing that both the jurisprudence and the basic Regulation clearly stated that these benefits were covered, the Presidency suggested adding "referred to in Article 34" after the term "in kind". ES was not in favour of that suggestion. It was agreed that this issue would have to be discussed further at a later stage.

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1a. In Article 28, paragraph 1 is replaced by the following text:

"1. A frontier worker who becomes a pensioner because of old-age or invalidity is entitled in case of sickness to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment which began in that Member State. The term “continuation of treatment” means the continued investigation, diagnosis and treatment of an illness for its entire duration.

The above provision shall apply mutatis mutandis to the members of the family of the former frontier worker unless the Member State where the frontier worker last pursued his/her activity is listed in Annex III.”

2.

(pm).
3.

(pm).
4.

(pm).

4a. In Article 74, the following letter is added:

“(g) facilitate the implementation of the provisions of Title IV Chapter I [and II]² of the Implementing Regulation and decide upon request of a Member State concerned³ on a dispute regarding the settlement of claims.”

5.

(pm).

² This reference remains to be determined in the framework of the discussion of this Chapter.

³ DK and UK were concerned about the second part of the sentence as they felt that this provision could encroach upon decision making processes at national level. The Presidency alternatively suggested that the sentence could end after the term "implementing Regulation". It was agreed that this issue would have to be discussed again in connection with Article 66.

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Article 2 (pm)

ANNEX

The Annexes to Regulation (EC) No 883/2004 are amended as follows:

1.

(pm).
2.

Annex VIII is replaced by the following:

"ANNEX VIII

Cases in which the pro rata calculation shall be waived or shall not apply

(Article 52 (4) and 52 (5))

Part 1: Cases in which the pro rata calculation shall be waived pursuant to Article 52(4)

A. DENMARK

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IX.

B. IRELAND

All applications for state pension (transition), state pension (contributory), widow’s (contributory) pension and widower’s (contributory) pension.

C. CYPRUS

All applications for old age, invalidity, widow’s and widower’s pensions.

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D. LATVIA

1)

All applications for invalidity pensions (Law on State Pensions of 1 January 1996).
2)

All applications for survivor's pensions (Law on State pensions of 1 January 1996; Law on State funded pensions of 1 July 2001).

E. LITHUANIA

All applications for State social insurance survivor’s pensions calculated on the basis of the basic amount of survivor’s pension (Law on State Social Insurance Pensions).

F. NETHERLANDS

All applications for old-age pensions under the law on general old-age insurance (AOW).

G. AUSTRIA

1)

All applications for benefits under the Federal Act of 9 September 1955 on General Social Insurance – ASVG, the Federal Act of 11 October 1978 on social insurance for self-employed persons engaged in trade and commerce – GSVG, the Federal Act of 11 October 1978 on social insurance for self-employed farmers – BSVG and the Federal Act of 30 November 1978 on social insurance for the self-employed in the liberal professions (FSVG).
2)

All applications for invalidity pensions based on a pension account pursuant to the

General Pensions Act (APG) of 18 November 2004."

3)

All applications for survivor's pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004, if no increase in benefits is to be applied in respect of additional months of insurance pursuant to Article 7(2) of the General Pensions Act (APG).

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4)

All applications for invalidity and survivor’s pensions of the Austrian Provincial

Chambers of Physicians [Landesärztekammer] based on basic provision (basic and any supplementary benefit, or basic pension).

(5) All applications for permanent occupational invalidity support and survivor’s support from the pension fund of the Austrian Chamber of Veterinary Surgeons.

(6) All applications for benefits from occupational invalidity, widows and orphans pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A.

H. POLAND

All applications for disability pensions, old-age pensions under the defined benefits scheme and survivors’ pensions.

I. PORTUGAL

All applications for invalidity, old-age and survivors’ pension claims, except for the cases where the totalised periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years, the national periods of insurance are equal or inferior to 20 years, and the calculation is made under Article 11 of Decree-Law No. 35/2002, 19 February.

J. SLOVAKIA

1)

All applications for survivor's pension (widow's pension, widower’s and orphan’s pension) calculated according to the legislation in force before 1 January 2004 the amount of which is derived from a pension formerly paid to the deceased;
2)

All applications for pensions calculated pursuant to Act No. 461/2003 Coll. on social security as amended.”⁴

New text as suggested by SK (DS 377/07) and agreed by the Working Party.

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K. SWEDEN

All applications for guarantee pension in the form of old-age pension (Act 1998:702) and old-age pension in the form of supplementary pension (Act 1998:674).

L. UNITED KINGDOM

All applications for retirement pension, widows’ and bereavement benefits, with the exception of those for which:

a)

during a tax year beginning on or after 6 April 1975:

(i) the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and another Member State; and

(ii) one (or more) of the tax years referred to in (i) was not considered a qualifying year within the meaning of the legislation of the United Kingdom;

(iii) the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of Article 52(1)(b) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.

All applications for additional pension pursuant to the Social Security Contributions and Benefits Act 1992, section 44, and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, section 44.”

Part 2: Cases in which Article 52 (5) applies

A.FRANCE

Basic or supplementary schemes in which old-age benefits are calculated on the basis of retirement points.

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B.LATVIA

Old-age pensions (Law on State pensions of 1 January 1996. Law on State funded pensions of 1 July 2001).

C.HUNGARY

Pension benefits based on membership of private pension funds.

D. AUSTRIA

1.

Old-age pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004.
2.

Compulsory allowances under Article 41 of the Federal Law of 28 December 2001, BGBl I Nr. 154 on the general salary fund of Austrian pharmacists [Pharmazeutische Gehaltskasse für Österreich].
3.

Retirement and early retirement pensions of the Austrian Provincial Chambers of Physicians based on basic provision (basic and any supplementary benefit, or basic pension), and all pension benefits of the Austrian Provincial Chambers of Physicians based on additional provision (additional or individual pension).
4.

Old-age support from the pension fund of the Austrian Chamber of Veterinary Surgeons.
5.

Benefits according to the statutes of the welfare institutions of the Austrian bar associations, Parts A and B, with the exception of applications for benefits from disability, widows and orphans pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A.

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6.

Benefits by the welfare institutions of the Federal Chamber of Architects and Consulting Engineers under the Austrian Civil Engineers’ Chamber Act (Ziviltechnikerkammergesetzt) 1993 and the statutes of the welfare institutions, with the exception of benefits on grounds of occupational invalidity and survivor’s benefits deriving from the last-named benefits.

E. POLAND

Old-age pensions under the defined contribution scheme.

F. SLOVENIA

Pension from compulsory supplementary pension insurance.

G. SLOVAKIA

Mandatory old-age pension saving.

H.SWEDEN

Income-based pension and premium pension (Act 1998:674).

I.UNITEDKINGDOM

Graduated retirement benefits paid pursuant to the National Insurance Act 1965, sections 36 and 37, and the National Insurance Act (Northern Ireland) 1966, sections 35 and 36."

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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

(deleted).

D. GERMANY

1.

(deleted).
2.

(deleted).

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.⁵

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).

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I. IRELAND

1.

Notwithstanding Articles 21(2) and 62, for the purposes of the calculating the

prescribed reckonable weekly earnings of an insured person for the grant of sickness or unemployment benefit under Irish legislation, an amount equal to the average weekly wage of employed persons in the relevant prescribed year shall be credited to that insured person in respect of each week of activity as an employed person under the legislation of another Member State during the said prescribed year”.

Q. NETHERLANDS

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).

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(c) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Algemene Wet Bijzondere Ziektekosten (General Act on Exceptional 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.

(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 (General Act on Exceptional Medical Expenses).

(f) For the purposes of Articles 23 to 30, the following benefits (in addition to pensions covered by Title III, Chapters 4 and 5) shall be treated as pensions due under Netherlands legislation:

– 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);

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– benefits for incapacity for work awarded under the Law of 7 June 1972 on benefits for incapacity for work for military personnel

(Wetarbeidsongeschiktheidsvoorziening militairen) (Military Personnel Incapacity for Work Act);

– 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) (deleted).

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publicatiedatum	27-04-2007
kenmerk	9001/07