RECOMMENDATION FOR SECOND READING on the Council common position for adopting a regulation of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

2.4.2009 - (14516/4/2008 – C6‑0006/2009 – 2006/0006(COD)) - ***II

Committee on Employment and Social Affairs
Rapporteur: Jean Lambert

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a regulation of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

(14516/4/2008 – C6‑0006/2009 – 2006/0006(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14516/4/2008 – C6‑0006/2009),

–    having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2006)0016),

–   having regard to the amended Commission proposal (COM(2008)0647),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A6-0204/2009),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Amendment  1 Council common position Recital 6 a (new)
Council common position	Amendment
	(6a) The persons covered by this Regulation should receive from the competent institution a timely answer to their requests. The answer should be provided at the latest within the time-limits prescribed by the social security legislation of the Member State in question, where such time-limits exist. It would be desirable if Member States whose social security legislation does not make provision for such time-limits considered adopting them and making them available to concerned persons as necessary.
Amendment  2 Council common position Recital 21
Council common position	Amendment
(21) Informing insured persons of their rights and obligations is a crucial component of a relationship of trust with the competent authorities and the Member States’ institutions.	(21) Informing persons concerned of their rights and obligations is a crucial component of a relationship of trust with the competent authorities and the Member States’ institutions. Information should include guidance on administrative procedures. Persons concerned may include, depending on the situation, the insured persons, their family members and/or their survivors or other persons.
Justification
According to Article 2.1 of the basic regulation the Regulation applies to insured persons, their family and/or their survivors. The task of the institutions and authorities is to provide information that allows the person concerned to assess his or her rights. This objective should be mentioned in a recital. In order to guarantee their information right the wording has to be adapted.
Council introduced the notion of persons concerned. Therefore, the information right applies to insured persons, their family and/or their survivors depending on the matter in question. In order to guarantee the information right of all possible beneficiaries the wording has to be changed.
Amendment  3 Council common position Article 3 – paragraph - 1 (new)
Council common position	Amendment
	­ 1.The Member States shall ensure that the necessary information is made available to the persons concerned in order to inform them of the changes introduced by the basic Regulation and by the implementing Regulation to enable them to assert their rights. They shall also provide for user friendly services.
Justification
This text on the citizen's right to information has been moved to a more prominent place early on in the regulation. See Amendment 8.
Amendment  4 Council common position Article 3 – paragraph 3
Council common position	Amendment
3. To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall without delay forward the information and issue the documents to the persons concerned.	3. To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall forward the information and issue the documents to the persons concerned without delay and in any case within any time limits specified under the legislation of the Member State in question.
Justification
A reasonable deadline should be respected by all institutions, in order to avoid excessively long waiting periods for the citizens.
Amendment  5 Council common position Article 15 – paragraph 1
Council common position	Amendment
1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof, whenever possible in advance. That institution shall without delay make information concerning the legislation applicable to the person concerned, pursuant to Article 11(3)(b) or Article 12 of the basic Regulation, available to the institution designated by the competent authority of the Member State in which the activity is pursued.	1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof, whenever possible in advance. That institution shall without delay make information concerning the legislation applicable to the person concerned, pursuant to Article 11(3)(b) or Article 12 of the basic Regulation, available to the person concerned and to the institution designated by the competent authority of the Member State in which the activity is pursued.
Amendment  6 Council common position Article 86 ‑ paragraph 1 ‑ subparagraph 1
Council common position	Amendment
No later than the fourth full calendar year after the entry into force of the implementing Regulation, the Administrative Commission shall present a report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation.	No later than the fourth full calendar year after the entry into force of the implementing Regulation, the Administrative Commission shall present a comparative report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation.
Justification
As the Council rightly stated that it is logical to fix the deadlines ‘in the light of the experience and of the technological progress which is likely to make the exchanges between institutions faster’ it is also obvious to use good practices based on a comparative report in the review process.
Amendment  7 Council common position Article 86 – paragraph 1 a (new)
Council common position	Amendment
	1a. At the same time the Administrative Commission shall also assess the rules for conversion of periods set out in Article 13 with a view to their possible simplification.
Amendment  8 Council common position Article 89 – paragraph 3
Council common position	Amendment
3. The Member States shall ensure that the necessary information is made available to the persons covered by the basic Regulation in order to inform them of the changes introduced by the basic Regulation and by the implementing Regulation to enable them to assert their rights. They shall also provide for user friendly services.	deleted
Justification
Art. 89 para 3 asserts the citizen's right to information. This should be placed at a prominent place early on in the regulation. Therefore the text of Article 89 para 3 is moved to Article 3 para ­ 1 ( new).

• [1]  Texts adopted, 9.7.2008, P6_TA(2008)0348.

EXPLANATORY STATEMENT

The Rapporteur welcomes very much that the Council has taken on board the majority of the amendments, particularly Parliament text concerning the principles underlying the co-operation for implementation. Also, I welcome the recognition of the need to provide accessible information and to limit data to a minimum of what is really needed. However, we would like to further clarify the rights that individuals have, which are mentioned throughout the text but not consolidated: hence your Rapporteur's proposed amendment.

As concerns the time taken to respond to individual requests there are still concerns which have lead to suggesting a new recital 6 and to adding a paragraph to Article 86. It is understandable that there is a need for a transitional period to put electronic data exchange in place and that this might affect deadlines. Also, we welcome the new system in principle and appreciate it is a major undertaking on behalf of Member States. Therefore, your Rapporteur recommends that we accept the review proposal in Article 86 and its commitment to the aim of shortening time taken for responses. We had also proposed that Member States should at least keep to their own deadlines for dealing with requests. Surprisingly it seems that not all Member States have such deadlines, hence your Rapporteur's proposal for a new recital recommending these measures.

This is, of course, a coordination not harmonisation of systems. So, your Rapporteur reluctantly recognises that it is for member States to decide on the payment of costs for accompanying persons for those travelling for healthcare under this Regulation and the existing system of prior authorisation.

Council has made the case that there is no need for the notification of salary paid for workers under the posting of workers Directive, as it is not necessary in order to determine the state of affiliation: indeed, there is no change for posted workers and thus the issue of salary should be dealt with under any revision of the so-called Posting Directive. Additionally, mentioning the salary on the forms might create a conflict as concerns data protection, where the principle of "limit to necessary data only" is upheld.

Generally, however, your Rapporteur welcomes the common position and trusts that an agreement can be found before the end of this parliamentary term that integrates the key ideas of Parliament on this file.

PROCEDURE

Title	Coordination of social security systems: implementing procedures
References	14516/4/2008 – C6-0006/2009 – 2006/0006(COD)
Date of Parliament’s first reading – P number	9.7.2008                     T6-0348/2008
Commission proposal	COM(2006)0016 - C6-0037/2006
Amended Commission proposal	COM(2008)0647
Date receipt of common position announced in plenary	15.1.2009
Committee responsible        Date announced in plenary	EMPL 15.1.2009
Rapporteur(s)        Date appointed	Jean Lambert 2.12.2008
Discussed in committee	20.1.2009		11.2.2009		30.3.2009
Date adopted	31.3.2009
Result of final vote	+: –: 0:	34 1 0
Members present for the final vote	Jan Andersson, Jean-Pierre Audy, Edit Bauer, Iles Braghetto, Philip Bushill-Matthews, Alejandro Cercas, Derek Roland Clark, Jean Louis Cottigny, Jan Cremers, Proinsias De Rossa, Harald Ettl, Richard Falbr, Joel Hasse Ferreira, Roger Helmer, Stephen Hughes, Jean Lambert, Bernard Lehideux, Elizabeth Lynne, Thomas Mann, Juan Andrés Naranjo Escobar, Csaba Őry, Siiri Oviir, Marie Panayotopoulos-Cassiotou, Elisabeth Schroedter, José Albino Silva Peneda, Jean Spautz, Gabriele Stauner
Substitute(s) present for the final vote	Udo Bullmann, Gabriela Creţu, Rumiana Jeleva, Magda Kósáné Kovács, Jamila Madeira, Adrian Manole, Ria Oomen-Ruijten, Csaba Sógor