Proposal for a Council Regulation extending the provisions of Regulation(EC) No 883/2004 and Regulation (EC) No […] to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality - exporting of invalidity, old age or survivors' pensions to third-country nationals when they reside in a third country

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  1. Tekst
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1.

Tekst

Introduction

  • 1. 
    At the meeting of the Permanent Representatives Committee (Part 1) on 6 May 2009, the Legal Service was asked about the interpretation of draft Recital 13 of the above-

mentioned proposed Regulation as regards its impact on the obligation for Member

States to grant invalidity, old age or survivors' pensions to third-country nationals in

cases where they reside in a third country.

This document contains legal advice protected under Article 4(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, and not released by the Council of the European Union to the public. The Council reserves all its rights in law as regards any unauthorised publication.

  • 2. 
    The question was asked in particular whether, in its current drafting, Recital 13 could result in the creation of an automatic right for third-country nationals to have their

invalidity, old age or survivors' pensions exported to their country of residence, when

this country is outside the EU. This, it was argued, could result, in some cases, in a more

favourable treatment of third-country nationals than of a Member State's own nationals

or other EU citizens. Such an outcome, it was argued, would constitute an interference

in Member States' competencies and an infringement of the subsidiarity principle.

systems and its implementing Regulation to nationals of third countries who are not

already covered by these provisions solely on the ground of their nationality.

  • 4. 
    Article 1(1) of the proposed Regulation provides that "the provisions of Regulation 1

(EC) No 883/04 and Regulation (EC) No [...] shall apply to nationals of third countries who are not already covered by these provisions solely on the ground of their

nationality, as well as to members of their families and to their survivors, provided they

are legally resident in the territory of a Member State and are in a situation which is not

confined in all respects within a single Member State".

  • 5. 
    Recital 13 is drafted as follows:

(13) The condition of residing legally in the territory of a Member State, as laid down in Article 1 of the present Regulation, does not affect the rights deriving from

the application of the provisions of Regulation (EC) No. 883/04 concerning

invalidity, old age or survivors' pensions, on behalf of one or more Member States,

for a third-country national, who has previously fulfilled the conditions of the

present Regulation, or the survivors of such a third-country national, insofar as they

derive their rights from a worker, when residing in a third country.

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Implementing Regulation, to be adopted.

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Originele weergave

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