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Adoption of a Common Position.
I.
INTRODUCTION
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1.On 29 April 2004, the European Parliament and the Council adopted Regulation 1
(EC) No 883/2004 on the coordination of social security systems (hereinafter referred to as the "basic Regulation") which modernises and simplifies the coordination
of social security systems within the EU. This Regulation is intended to replace
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Regulation (EEC) No 1408/71 .
1
OJ L166, 30.4.2004, corrigendum OJ L 200, 7.6.2004. 2
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).
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2.The basic Regulation includes Annexes that contain provisions in respect of individual Member States. The content of certain of these annexes had not yet been determined
when the Regulation was adopted. The basic Regulation therefore provides that the
content of its Annexes II (provisions of conventions which remain in force), X (special
non-contributory cash benefits) and XI (special provisions for the application of the
legislation of the Member States), which were left empty, should be determined before
the date of application of the Regulation.
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3.Some of the Annexes had to be adapted to take into account the requirements of the Member States that have acceded to the European Union since the adoption of the
Regulation, as well as recent developments in other Member States.
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4.This is the purpose of the two proposals for Regulations which the Commission 3
presented on 24 January 2006 and 3 July 2007, respectively. In addition to determining the contents of Annex XI, the first of these proposals also aims to amend the basic
Regulation.
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5.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.
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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 and Proposal for a Regulation of the European Parliament and of the Council amending the annexes to Regulation (EC) No 883/2004 on the coordination of social security systems.
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6.The Council reached partial general approaches under the Austrian, Finnish, German and Portuguese Presidencies on the text of the proposal for a Regulation amending
Regulation (EC) No 883/2004 on the coordination of social security systems, and
determining the content of Annex XI, in parallel to the process of examination of the
proposal for an implementing Regulation. The Council further reached a general
approach on the text of the proposal for a Regulation amending the annexes to
Regulation (EC) No 883/2004 on the coordination of social security systems under the
Slovenian Presidency.
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7.Acting in accordance with Article 251 of the Treaty, the European Parliament adopted a single Opinion in first reading consisting in 77 amendments to the proposal for a
Regulation amending Regulation (EC) No 883/2004 on the coordination of social
security systems, and determining the content of Annex XI, on 9 July 2008. It
considered that the procedure relating to the second proposal had lapsed as a result of
the incorporation of its contents into the procedure relating to the first proposal.
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8.The Economic and Social Committee delivered its Opinion on 26 October 2006.
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9.On 15 October 2008, the Commission submitted its amended proposals, accepting all the amendments adopted by the European Parliament. In particular, taking into
consideration amendment No 1 of the EP, the amended proposals acknowledge the
merging of the two original proposals into a single text.
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10.In view of the subject matter, the Regulation to be adopted on the basis of these
proposals will also be relevant to the European Economic Area Member States and to
Switzerland.
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11.The amendments of the European Parliament were carefully examined by the Social
Questions Working Party which could accept 70 of these 77 amendments.
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12.The position of the Social Questions Working Party was confirmed by the Permanent
Representatives Committee at its meeting on 5 November 2008. The Permanent
Representatives Committee also reached unanimous agreement on the position to be
taken with regard to amendments 6, 11, 12 and 20.
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13.The United Kingdom delegation entered a parliamentary scrutiny reservation on the text
of the draft Regulation. All delegations entered linguistic scrutiny reservations.
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14.The text of the draft Common Position having now been finalised by the
Legal/Linguistic experts (doc. 14518/08), the Permanent Representatives Committee is
invited, in accordance with the usual procedures, to recommend the Council to:
· Adopt, in accordance with Article 251 of the Treaty, the Common Position as
set out in doc.14518/08 and the Statement of the Council's Reasons in the
Addendum thereto;
· enter into its Minutes the Statements as contained in Addendum 1 to this
document;
· forward the Common Position, together with the Statement of its Reasons, to
the European Parliament.
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- 24 jan '06Coördinatie van socialezekerheidsstelsels: bijlage XI
- 24 jan '06COM(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 '05COM(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 '98COM(1998)779; - Coördinatie van de socialezekerheidsstelsels
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Toepassing van de sociale zekerheidsregelingen op loontrekkende en hun gezinnen, die zich binnen de EG verplaatsen

