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. = Amendments suggested by the Austrian and German delegations

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1.

Tekst

Delegations will find attached a note by the Austrian and German delegations with a view to the

Permanent Representatives Committee's meeting on 4 June 2009.

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ANNEX

Proposal for a 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

Amendments proposed by Germany and Austria

Insertion of a new recital:

"In Regulation (EC) o 859/2003 special provisions are already provided for

Germany and Austria to take into account the restrictions under national legislation

concerning entitlement to family benefits for specific cases of third country

nationals who do not have a sufficiently close link to the two States. This national

legislation respects the obligations under Community law, especially those arising

from Directive 2003/109/EC concerning the status of third country nationals who

are long-term residents, but also those arising from the European Convention on

Human Rights."

Article 2 (1) shall be worded as follows:

,,Regulation (EC) o 859/2003 shall be repealed between the Member States that are

bound by this Regulation with the exception of the Annex which shall apply

accordingly."

Justification:

For Germany and Austria, a special provision is at present provided in Regulation (EC) No

859/2003 extending the application of Regulation (EEC) No 1408/71 to third country

nationals. By virtue of this special provision (Annex), that Regulation does not oblige the two

States to grant family benefits in cases in which the conditions of entitlement are not fulfilled

under national legislation.

These special provisions were the result of a political compromise during the elaboration of

Regulation (EC) No 859/2003 which was agreed by all Ministers and the Commission, and

which enabled both Member States to agree finally to this Regulation.

The situation which applied in 2003 is still valid. Germany and Austria therefore cannot go

further when extending Regulation (EC) No 883/2004 to third country nationals than was the

case under Regulation (EC) No 859/2003.

To safeguard this exemption, the proposed addition to Article 2 is necessary. It is important

that no further restrictions will result beyond those already existing today.

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2.

Originele weergave

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