Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of Annex XI (a) Amendments to Regulation (EC) No 883/2004 (b) Annex VIII (c) Parts of the proposal determining the content of Annex XI which relate to Title III, Chapter 1, of the Proposal for a Regulation of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems - Partial general approach - Hoofdinhoud

Inhoudsopgave van deze pagina:

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1. Tekst
2. Originele weergave

3. Meer informatie

Amendments to Regulation (EC) No 883/2004

(b) Annex VIII (c)

Parts of the proposal determining the content of Annex XI which relate to Title III, Chapter 1, of the Proposal for a Regulation of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

• - 

  Partial general approach

INTRODUCTION

• 1. 

  On 29 April 2004, the European Parliament and the Council adopted Regulation (EC) No 883/2004 on the coordination of social security systems (hereinafter referred to as

1

the "basic Regulation") which is intended to replace Regulation (EEC) No 1408/71.

1

Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. OJ L 149 of 5.7.1971, p. 2. Regulation last amended by Regulation (EC) No 1992/2006 (OJ L 392 of 30.12.2006, p. 1).

Article 83 of the basic Regulation provides that "special provisions for implementing the

legislation of certain Member States are referred to in Annex XI". The basic Regulation

further provides that the contents of Annex XI must be determined before the date of

application of this Regulation.

• 2. 

  On 24 January 2006, the Commission submitted the above-mentioned proposal to the Council, followed by, on 31 January 2006, a proposal for a Regulation of the European

Parliament and of the Council laying down the procedure for implementing Regulation

(EC) No 883/2004 on the coordination of social security systems (doc. 5896/06).

• 3. 

  While the proposal for an implementing Regulation provides for horizontal rules, the proposal for a Regulation determining the content of Annex XI, for its part, provides for supplementary

provisions regarding specific aspects of individual Member States' legislation in order to

ensure that the basic Regulation is smoothly applied in the Member States concerned. In

accordance with the general objective of simplification, the proposal contains fewer entries

than the corresponding Annex VI in the current Regulation (EEC) No 1408/71.

• 4. 

  The proposed legal bases being Articles 42 and 308 of the Treaty, the Council is required to act unanimously, in accordance with the co-decision procedure with the European Parliament.
• 5. 

  The European Parliament has not yet delivered its opinion. The Economic and Social Committee delivered its opinion on 14 March 2007.
• 6. 

  In view of the subject matter, the Regulation to be adopted will also apply to the European Economic Area.
• 7. 

  In order to determine, for each Title of the proposal for a Regulation implementing the basic Regulation, whether the measures which are needed are either of a horizontal nature (if they

are to cater for several Member States' similar specificities with regard to their social security

systems and thus should be dealt with in the draft implementing Regulation) or specific to

particular Member States (and should thus be subject to specific entries in the draft

Regulation on Annex XI), the Social Questions Working Party agreed to the Austrian

Presidency's suggestion to examine the two proposals jointly.

• 8. 

  In accordance with this procedure, on 1 June 2006, the Council reached a partial general approach on Titles I and II of the draft implementing Regulation and the relevant parts of the

draft Regulation amending the basic Regulation (docs. 9584/06 ADD 1 and 9613/06).

• 9. 

  On 1 December 2006, the Council further reached a partial general approach on Title III, Chapter 4, of the draft implementing Regulation and on the relevant parts of the draft

Regulation amending the basic Regulation (docs 15600/06 and 15596/06).

• 10. 

  At the initiative of the German Presidency, the Social Questions Working Party further

examined the following parts of the proposal:

• - 

  various amendments to the basic Regulation; -

Annex VIII;

-

the relevant parts of the proposal determining the content of Annex XI of the basic

Regulation, in parallel to the discussions on Title III, Chapter 1 (sickness, maternity and

equivalent paternity benefits) of the proposal for a Regulation implementing the basic

Regulation.

• 11. 

  At its meeting on 10 May 2007, the Social Questions Working Party reached agreement in

principle (subject to two parliamentary scrutiny reservations) on these provisions, as set out in

Annex I. It also reached a broad measure of agreement on the text of Title III, Chapter 1, of

the draft implementing Regulation (doc. 9349/07).

• 12. 

  The Danish and United Kingdom delegations maintained parliamentary scrutiny reservations.

All delegations maintained linguistic scrutiny reservations pending availability of the text in

their own language versions.

• 13. 

  As in the case of the draft implementing Regulation, the explanatory note in Annex II to this

note states that the Council's agreement is provisional since :

• - 

  the agreement on Title III, Chapter 1, of the draft implementing Regulation is itself provisional;
• - 

  only part of the text of the draft Regulation on Annex XI has been examined.
• 14. 

  Pending the European Parliament's Opinion in first reading, the Permanent Representatives

Committee should therefore invite the Council to reach a partial general approach on the part

of the draft Regulation which relates to Title III, Chapter 1, of the draft implementing

Regulation, as set out in Annex I, subject to the conditions laid down in the Explanatory Note

in Annex II.

____________________

ANNEX I

Draft

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 883/2004 on the coordination of social security systems, and

determining the content of Annex XI

2

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. 

  (pm).

2

New recital to be added to the Preamble: "(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."

1a. In Article 18, paragraph 2 is replaced by the following text:

"2. The members of the family of a frontier worker shall be entitled to benefits in kind during their stay in the competent Member State. However, when the competent

Member State is listed in Annex III, the members of the family of a frontier worker who

reside in the same Member State as the frontier worker shall be entitled to benefits in

kind in the competent Member State only under the conditions laid down in

Article 19(1)."

1b. 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).
• 5. 

  (pm).

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.

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).

• 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.

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.

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.

• 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."

• 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).

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.

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

• 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 (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);

­ 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)."

______________________

ANNEX II

EXPLANATORY NOTE

The text which should be submitted to the Council only constitutes the relevant part of the

Commission's proposal for a Regulation amending Regulation (EC) No 883/2004 on the

coordination of social security systems, and determining the content of Annex XI. This part has

been examined in parallel to Title III, Chapter 1, of the Commission proposal for a Regulation

laying down the procedure for implementing Regulation (EC) No 883/2004 on the co-ordination of

social security systems.

Examination of the other parts of the proposal will continue during the forthcoming months.

Since a legislative text can be given final approval only as a whole, partial agreement on this text is,

by definition, subject to subsequent review, depending on how the discussion on the rest of the Act

develops.

Moreover, delegations' acceptance of this text is subject to final approval of the draft Regulation

laying down the procedure for implementing Regulation (EC) No 883/2004 on the co-ordination of

social security systems.

____________________

• 24 jan '06
  Coördinatie van socialezekerheidsstelsels: bijlage XI
  
  
  
• 24 jan '06
  COM(2006)7 - Wijziging van Verordening (EG) nr. 883/2004 betreffende de coördinatie van de socialezekerheidsstelsels, en tot vaststelling van de inhoud van bijlage XI
  
  
  
• 21 dec '05
  COM(2005)676 - Wijziging van Verordening 1408/71 betreffende de toepassing van de socialezekerheidsregelingen op werknemers en zelfstandigen, alsmede op hun gezinsleden, die zich binnen de EG verplaatsen, en van Verordening 574/72 tot vaststelling van de wijze van toepassing van Verordening (EEG) nr. 1408/71
  
  
  
• 21 dec '98
  COM(1998)779; - Coördinatie van de socialezekerheidsstelsels
  
  
  
• Toepassing van de sociale zekerheidsregelingen op loontrekkende en hun gezinnen, die zich binnen de EG verplaatsen