Voorstel voor een verordening van het Europees Parlement en de Raad tot wijziging van Verordening (EG) nr. 883/2004 betreffende de coördinatie van de socialezekerheidsstelsels, en tot vaststelling van de inhoud van bijlage XI - Gedeelten van het voorstel tot vaststelling van de inhoud van bijlage XI die betrekking hebben op Titel III, de hoofdstukken V en VI, van het voorstel voor een verordening van het Europees Parlement en de Raad tot vaststelling van de wijze van toepassing van Verordening (EG) nr. 883/2004 betreffende de coördinatie van de socialezekerheidsstelsels = Partiële algemene oriëntatie

Inhoud

Delen

enveloppe
  1. Tekst
  2. Originele weergave
  1. Meer informatie

1.

Tekst

Parts of the proposal determining the content of Annex XI which relate to Title III, Chapters V and VI, 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

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. 
    On 30 May 2007, the Council reached a further partial general approach on parts of the

proposal concerning:

  • - 
    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 (doc.9759/07).

  • 11. 
    At the initiative of the Portuguese Presidency, and in parallel with the discussions on Title III,

Chapters V and VI, of the proposal for a Regulation implementing the basic Regulation, the

Social Questions Working Party further examined the relevant parts of the proposal for a

Regulation amending the basic Regulation and determining the content of Annex XI.

  • 12. 
    At its meeting on 28 November 2007, the Permanent Representatives Committee reached

agreement in principle on these parts of the proposal as set out in Annex I. It also reached a

very broad measure of agreement on the text of Title III, Chapters V and VI, as well as on

Title IV, Chapter II (Article 69) of the draft implementing Regulation (15512/07).

The Danish delegation maintained a parliamentary scrutiny reservation.

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

their own language versions.

  • 13. 
    The Portuguese delegation indicated that it would make a Statement for the Council Minutes

in relation to the changes to Article 62(3) of the basic Regulation, as set out in Annex II.

  • 14. 
    As in the case of the draft implementing Regulation, the explanatory note in Annex III to this

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

  • - 
    the agreement on Title III, Chapters V and VI, of the draft implementing Regulation is itself provisional;
  • - 
    only part of the text of the draft Regulation on Annex XI has been examined.
  • 15. 
    Pending the European Parliament's Opinion in first reading, the Permanent Representatives

Committee therefore invites the Council to reach a partial general approach on the part of the

draft Regulation which relates to Title III, Chapters V and VI, of the draft implementing

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

in Annex III.

____________________

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".
  • 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

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.

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 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)

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.

___________________

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 Member State, 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."

_________________

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 with 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 proposed to Article 62(3) only relates to the technical

aspects for 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 the 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.

In relation to the entry proposed in 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

the 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.

______________________

2.

Originele weergave

afbeelding document
 
 

3.

Meer informatie