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, chapters V and VI, of the proposal laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Unemployment benefits and family benefits)

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1.

Tekst

COUNCIL OF THE EUROPEAN UNION

Brussels, 9 November 2007

14930

Interinstitutional File: 2006/0008 (COD)

LIMITE

SOC 443 CODEC 1209

OUTCOME OF PROCEEDINGS

of :

on

The Social Questions Working Party 30-31 October 2007

No. prev. doc. : 12475/07 SOC 299 CODEC 877

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, chapters V and VI, of the proposal laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Unemployment benefits and family benefits)

I.

INTRODUCTION

At its meeting on 30-31 October 2007, the Social Questions Working Party held a new discussion on the parts of the above-mentioned proposal which are relevant to Title III, chapters V and VI, of the proposal for a Regulation laying down the procedure for implementing Regulation (EC) No 883/2004, on the basis of a Presidency's document (DS 895/07).

The text as it results of the discussions is set out in the Annex. Changes with regard to DS 895/07 are in bold. Delegations' scrutiny reservations are in footnotes.

The Danish and UK delegations entered parliamentary scrutiny reservations.

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ANNEX I

Article 1

  • 1. 
    (pm. Title II, doc. 7772/06).
  • 2. 
    (pm Article 51(3), doc 15598/06).
  • 3. 
    (pm Article 52(4), doc. 15598/06).
  • 4. 
    (pm Article 52(5), doc. 15598/06).

5       (pm Article 56(1)(c ), doc 15598/06).

  • 6. 
    (pm Article 56(1)(d), doc 15598/06).
  • 7. 
    (pm Article 57(4), doc 15598/06)
  • 8. 
    In Article 62(3), the terms "frontier workers" are replaced with the terms "unemployed persons". 1
  • 9. 
    The following Article 68a is inserted:

Article 68a (Provision of benefits)

If the family benefits are not used by the person to whom they should be provided for the maintenance of the members of the family, the competent institution shall discharge its legal

1 LU maintained a positive scrutiny reservation.

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ANNEX I                                  DG G II                      LIMITE EN

obligations by providing the said benefits to the natural or legal person actually maintaining the members of the family, at the request of, and through the agency of, the institution of their place of residence or of the designated institution or body appointed for this purpose by the competent authority of the country of their residence.

ANNEX The Annexes to Regulation (EC) N0 883/2004 are amended as follows:

  • 1. 
    (pm: Title I, doc. 7772/06)
  • 2. 
    (pm: Annex VIII, doc 9759/07).
  • 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

  • 4. 
    The temporary benefit for unemployed persons who have been admitted to the ledighedsydelse (“flexible job” scheme) (Law No 455 of 10 June 1997) is covered by Title III, Chapter 6 of this Regulation. As regards unemployed persons going to another Member State, Articles 64 and 65 will be applicable when this Member State has similar employment schemes for the same category of persons.

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E.

ESTONIA

  • 1. 
    For the purpose of calculating parental benefits, periods of employment in Member States other than Estonia shall be considered to be based on the same average amount of Social Tax as paid during the periods of employment in Estonia with which they are aggregated. If during the reference year the person has been employed only in other Member States, the calculation of the benefit shall be considered to be based on the average Social Tax paid in Estonia between the reference year and the maternity leave.

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.

K. CYPRUS

For the purpose of applying the provisions of Articles 6, 51 and 61 of the Regulation, for any period commencing on or after 6 October 1980, a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period.

Q. NETHERLANDS

  • 5. 
    (deleted)

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X.

SWEDEN

  • 1. 
    When parental leave allowance is paid under the provisions in Article 67 to a family member who is not employed, the parental leave allowance is paid at a level corresponding to the basic or lowest level.
  • 2. 
    For the purpose of calculating parental leave allowance in accordance with Chapter 4, paragraph 6 of the Lag (1962:381) om allmän försäkring (the National Insurance Act) for persons eligible for a work-based parental leave allowance, the following shall apply:

For a parent for whom sickness benefit generating income is calculated on the basis of income from gainful employment in Sweden, the requirement to have been insured for sickness benefit above the minimum level for at least 240 consecutive days preceding the child's birth shall be satisfied if, during the period mentioned, the parent had income from gainful employment in another Member State corresponding to insurance above the minimum level.

14930/07 ANNEX I

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ANNEX II

Draft Statement for the Council’s Minutes

Statement by the Portuguese delegation

Article 1 (8)

Portugal agrees with the changes to Article 62(3) of the basic Regulation, ensuring that the same calculation method of unemployment benefits applies to both frontier and non frontier workers who during the last activity resided in a Member State other than the competent, and recalls the statement included in the Minutes of the Council which approved that Regulation, according to which “the Council and the Commission acknowledge that the agreement of Portugal on Articles 11(3)(c) and 65(6) and (7) is without prejudice to Portugal’s request for fair treatment in the sharing of costs between Portugal and other States which are not members of the European Union, in the context of the agreements to be negotiated following the adoption of this Regulation.”

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ANNEX III

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 Titles III, Chapter V (unemployment benefits) and Chapter VI (family benefits), 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 rest of the Act develops.

In relation to Article 1(8), the amendment proposal for Article 62(3) only relates to the technical aspects of the calculation of benefits for frontier and non frontier workers aiming at applying the same calculation method of unemployed benefits to both categories of workers.

Therefore, the compromise achieved for the basic Regulation is maintained in relation to the general rule for calculation of benefits (Article 62(1) and (2)) and the competence to grant benefits for unemployed persons who during their last activity resided in a Member State other than the competent Member State (Article 65(5)). The provisions regarding reimbursement according to Article 65(6) to (8) are also maintained.

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In relation to the entry proposed to Annex XI by The Netherlands (Q. 5.) which contained an insurance fiction for situations where the applicable legislation and/or the competence between Member States to grant family benefits changes, it was agreed that it is no longer necessary, due to the content of the new Article 58(2) of the Implementing Regulation proposal which prescribes that payment of family benefits - in case the applicable legislation and/or the competence between Member States changes - takes effect from the date on which the first Member State ceases payment.

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.

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ANNEX III                                 DG G II                      LIMITE EN

2.

Originele weergave

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3.

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