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 - application of the principle of equal treatment in relation third-country nationals

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  1. Tekst
  2. Originele weergave
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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 and impact of draft Article 1(2) of

the above-mentioned proposed Regulation as regards the application of the principle of

equal treatment in relation to third-country nationals.

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.

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.

  • 3. 
    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".

  • 4. 
    Article 1(2) states that "third-country nationals subject to this Regulation shall fulfil the conditions laid down by the legislation of the competent Member State with regard to

affiliation to a social security scheme or for the entitlement to a benefit".

  • 5. 
    The accompanying recital to Article 1(2), Recital 16, explains that "third-country nationals subject to this Regulation should fulfil the conditions laid down by the

legislation of the competent Member State with regard to affiliation to a social security

scheme or for the entitlement to a benefit. Community law does not limit the power of

the Member States to organize their social security schemes. In the absence of

harmonization at Community level, it is for the legislation of each Member State to lay

down the conditions under which social security benefits are granted, as well as the

amount of such benefits and the period for which they are granted. However, when

exercising that power, the Member States should comply with Community law."

1 Implementing Regulation, to be adopted.

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2.

Originele weergave

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3.

Meer informatie