Amended proposals 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 its annexes - Preparation of the informal Trialogue

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  1. Tekst
  2. Originele weergave
  1. Meer informatie

1.

Tekst

Preparation of the informal Trialogue

I.

INTRODUCTION

  • 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

2

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).

  • 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.

  • 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.

  • 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.

  • 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.

  • 6. 
    The Council reached partial general approaches under the Austrian, Finnish, German and Portuguese Presidencies on the text of the first proposal in parallel to the process of

examination of the proposal for an implementing Regulation. The Council also reached

a partial general approach on the text of the second proposal for a Regulation under the

Slovenian Presidency.

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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.

  • 7. 
    On 9 July 2008, 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

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content of Annex XI .

  • 8. 
    The Commission submitted its amended proposal on 15 October 2008 including all these amendments.
  • 9. 
    On 17 December 2008, the Council (EPSCO) adopted a Common Position (doc. 14518/08) which incorporated the vast majority of the EP amendments. This Common

Position was forwarded to Parliament with a view to its January 2009 plenary session.

  • 11. 
    Since then, the Presidency has had contacts with the EP rapporteur with a view to

paving the way for the two institutions to reach agreement in second reading.

  • 12. 
    At its meetings on 9 and 24 February 2009, the Social Questions Working Party

examined the EP rapporteur's draft recommendation for the second reading on the basis

of Presidency's compromise proposals.

  • 13. 
    On 24 February 2009, the Social Questions Working Party (meeting at attachés' level)

reached almost complete agreement (with the exception of a scrutiny reservation by the

Irish delegation) on the position to be taken with regard to this draft recommendation.

This position is set out in the third column of the attached table. IE entered a scrutiny

reservation with regard to the position to be taken in relation to draft amendment No 4.

  • 14. 
    The Permanent Representatives Committee is invited to confirm agreement on the

position to be taken with a view to the Presidency's forthcoming contacts with

Parliament.

_______________

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The European Parliament 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.

Amended proposals 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 its annexes

(Comparative Table)

Council Common Position Draft EP amendments Draft Amendment 1

Recital 7 a (new)

(7a) It is appropriate to assess the significance, frequency, scale and costs relating to the application of the restriction of rights to benefits in kind for members of the family of frontier workers under Annex III to Regulation (EC) o 883/2004 for those Member States still listed in that Annex after Article 1(19)(b) of this Regulation has come into effect. To this end, a review of Annex III should be carried out no later than five years after the date of entry into force of Regulation (EC) o .../2009 on the basis of an assessment report by the Administrative Commission. Acceptable.

6834/09 MdP/mk ANNEX DG G

Council Common Position Draft EP amendments Draft Amendment 2

Article 1 - point 7

Regulation (EC) No 883/2004

Article 18 - paragraph 2 - subparagraph 3

The list contained in Annex III shall be reviewed no later than ...* on the basis of a report from the Administrative Commission. In the light of this report, the European Commission may, if necessary, submit a proposal to revise the list."; deleted Acceptable. *5 years from the date of application of this Regulation.

Draft Amendment 3

Article 1 - point 8

Regulation (EC) No 883/2004

Article 28 - paragraph 1 - subparagraph 3

The list contained in Annex III shall be reviewed no later than ...* on the basis of a report from the Administrative Commission. In the light of this report, the European Commission may, if necessary, submit a proposal to revise the list."; deleted Acceptable. *5 years from the date of application of this Regulation.

6834/09 MdP/mk ANNEX DG G

Council Common Position Draft EP amendments Draft Amendment 4

Article 87 - paragraph 10 b (new)

Regulation (EC) No 883/2004

(ba) The following paragraph shall be inserted:

"10b. The list contained in Annex III shall be reviewed no later than ... (ba) In Article 87, the following paragraph shall be inserted. "10b. The list contained in Annex III shall be reviewed no later than... 1

on the basis

of a report by the Administrative Commission. This report shall provide an impact assessment of the significance, frequency, scale and costs, both in absolute and in relative terms, of the application of the provisions of Annex III and the effect of their possible repeal for those Member States which will still be listed in that Annex after paragraph 10a has come into effect. In the light of that report, a proposal shall be submitted with regard to reviewing the list, in principle with the aim of repealing the list unless the Administrative Commission's report provides compelling reasons not to do so. report by the Administrative Commission. This report shall provide an impact assessment of the significance, frequency, scale and costs, both in absolute and in relative terms, of the application of the provisions of Annex III and the effect of their possible repeal for those Member States which will still be listed in that Annex after paragraph 10a has come into effect. In the light of that report, the Commission will decide on submitting a proposal with regard to reviewing the list, in principle with the aim of repealing the list unless the Administrative Commission's report provides compelling reasons not to do so. 1 1

5 years from the date of entry into force of 5 years from the date of entry into force of this Regulation this Regulation. ________________________

6834/09 MdP/mk ANNEX DG G

2.

Originele weergave

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3.

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