Texts adopted - Social security schemes ***I

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Procedure : 2004/0284(COD)

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Document selected : A6-0293/2005
Texts tabled : A6-0293/2005		Debates :		Votes : PV 15/11/2005 - 9 PV 15/11/2005 - 9.8		Texts adopted : P6_TA(2005)0424

Texts adopted

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Tuesday, 15 November 2005 - Strasbourg

Social security schemes ***I

P6_TA(2005)0424

A6-0293/2005

		Resolution
		Consolidated text

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending 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 and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (COM(2004)0830 – C6-0002/2005 – 2004/0284(COD))

(Codecision procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0830)(1),

– having regard to Article 251(2) and Articles 42 and 308 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0002/2005),

– having regard to Rule 51 of its Rules of Procedure,

– having regard to the report of the Committee on Employment and Social Affairs (A6-0293/2005),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

(1)	Not yet published in the OJ.

Position of the European Parliament adopted at first reading on 15 November 2005 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending 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 and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71

P6_TC1-COD(2004)0284

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),

Whereas:

(1) With the entry into force of Regulation (EC) No 631/2004 of the European Parliament and of the Council(3), procedures for obtaining access to sickness benefits in kind during a temporary stay in another Member State have been simplified. It is appropriate to extend the simplified procedures to the provisions on benefits in respect of accidents at work and occupational diseases contained in Regulations (EEC) No 1408/71(4) and No 574/72(5).

(2) In order to take account of changes in the legislation of certain Member States, in particular in the new Member States since the end of accession negotiations, the Annexes to Regulation (EEC) No 1408/71 need to be adapted.

(3) Regulations (EEC) No 1408/71 and No 574/72 should therefore be amended accordingly.

(4) In order to ensure legal certainty and to protect the legitimate expectations of persons affected, it is necessary to provide that certain provisions modifying Annex III to Regulation (EEC) No 1408/71 take effect retrospectively from 1 May 2004.

(5) The Treaty does not provide powers other than those under Article 308 to take appropriate measures within the field of social security for persons other than employed persons,

HAVE ADOPTED THIS REGULATION:

Article 1

Annexes I, II, IIa, III, IV and VI to Regulation (EEC) No 1408/71 are amended in accordance with the Annex to this Regulation.

Article 2

Regulation (EEC) No 574/72 is amended as follows:

1. In Article 60, paragraphs 5 and 6 are deleted.

2. Article 62 is replaced by the following:

Article 62

Benefits in kind in the case of a stay in a Member State other than the competent State

1. In order to receive benefits in kind under Article 55(1) (a) (i) of the Regulation, an employed or self-employed person shall submit to the care provider a document issued by the competent institution certifying that he is entitled to benefits in kind. That document shall be drawn up in accordance with Article 2. If the person concerned is not able to submit that document, he shall contact the institution of the place of stay which shall request from the competent institution a certified statement testifying that the person concerned is entitled to benefits in kind.

A document issued by the competent institution for entitlement to benefits in accordance with Article 55(1) (a) (i) of the Regulation, in each individual case concerned, shall have the same effect with regard to the care provider as national evidence of the entitlements of the persons insured with the institution of the place of stay.

2. Article 60(9) of the implementing Regulation shall apply mutatis mutandis.

3. Article 63(2) is replaced by the following:

2. Article 60(9) of the implementing Regulation shall apply mutatis mutandis.

4. In Article 66(1), the words "in Articles 20 and 21" are replaced by the words "in Article 21".

5. In Article 93(1), the references to Articles 22b and 34b are deleted.

Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Point 5 (a) (ii) to (ix) and point 5 (b) (ii) and (iv) of the Annex shall apply from 1 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at,

For the European Parliament For the Council

The President The President

ANNEX

The annexes to Regulation (EEC) No 1408/71 are amended as follows:

1. In Annex I, section II, point "V. SLOVAKIA" is replaced by the following:

V. SLOVAKIA

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of title III of the Regulation, "member of the family" means a spouse and/or a dependent child as defined by the Act on child allowances

2. In Annex II, section I, point "H. FRANCE" is replaced by the following:

H. FRANCE

1. Supplementary benefit schemes for self-employed persons in craft-trade, industrial or commercial occupations or the liberal professions, supplementary old-age insurance schemes for self-employed persons in the liberal professions, supplementary insurance schemes for self-employed persons in the liberal professions covering invalidity or death, and supplementary old-age benefit schemes for contracted medical practitioners and auxiliaries, as referred to respectively in Articles L.615-20, L.644-1, L.644-2, L.645-1 and L.723-14 of the Social Security Code.

2. Supplementary sickness and maternity insurance schemes for self-employed workers in agriculture, as referred to in Article L.727-1 of the Rural Code.

3. Annex II, section II is amended as follows:

a) point "E. ESTONIA" is replaced by the following:

E. ESTONIA

(a) Childbirth allowance

(b) Adoption allowance";

b) point "L. LATVIA" is replaced by the following:

L. "L. LATVIA

(a) Childbirth grant

(b) Child adoption allowance

c) point "S. POLAND" is replaced by the following:

S. POLAND

Childbirth supplement (Act of 28 November 2003 on family benefits)

4. Annex IIa is amended as follows:

a) in point "D. GERMANY", the word "none" is replaced by:

Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to these benefits, the eligibility requirements for a temporary supplement following receipt of unemployment benefit (Article 24 (1) of Book II of the Social Code) are fulfilled";

b) point "L. LATVIA" is replaced by the following:

L. "L. LATVIA

(a) State Social Security Benefit (Law on State Social Benefits of 1 January 2003)

(b) Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003)";

c) point "S. POLAND" is replaced by the following:

S. "S. POLAND

Social pension (Act of 27 June 2003 on social pension)";

d) point "V. SLOVAKIA" is replaced by the following:

V. "V. SLOVAKIA

Adjustments granted before 1 January 2004 to pensions constituting the sole source of income.

5. Annex III is amended as follows:

(a) Part A is amended as follows:

	i)	the following points are deleted:
	Points 1, 4, 10, 11, 12, 14, 15, 18, 20, 21, 25, 27, 28, 29, 30, 31, 32, 34, 35, 37, 38, 39, 41, 42, 43, 45, 46, 47, 49, 55, 56, 57, 59, 60, 63, 65, 66, 70, 76, 77, 78, 81, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 115, 116, 117, 119, 120, 123, 125, 126, 133, 134, 135, 137, 138, 141, 143, 144, 150, 151, 152, 154, 155, 158, 160, 161, 166, 167, 168, 170, 171, 174, 176, 177, 181, 182, 183, 185, 186, 187, 189, 192, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 239, 241, 246, 247, 249, 250, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 266, 268, 269, 280, 281, 282, 283, 284, 285, 286, 287, 291, 292, 293, 294, 295, 296, 297;
	ii)	the following numberings are changed as follows:
	of the point BELGIUM-GERMANY from '3' to '1',
	of the point CZECH REPUBLIC-GERMANY from '26' to '2',
	of the point CZECH REPUBLIC-CYPRUS from '33' to '3',
	of the point CZECH REPUBLIC-LUXEMBOURG from '36' to '4',
	of the point CZECH REPUBLIC-AUSTRIA from '40' to '5',
	of the point CZECH REPUBLIC-SLOVAKIA from '44' to '6',
	of the point DENMARK-FINLAND from '67' to '7',
	of the point DENMARK-SWEDEN from '68' to '8',
	of the point GERMANY-GREECE from '71' to '9',
	of the point GERMANY-SPAIN from '72' to '10',
	of the point GERMANY-FRANCE from '73' to '11',
	of the point GERMANY-LUXEMBOURG from '79' to '12',
	of the point GERMANY-HUNGARY from '80' to '13',
	of the point GERMANY-NETHERLANDS from '82' to '14',
	of the point GERMANY-AUSTRIA from '83' to '15',
	of the point GERMANY-POLAND from '84' to '16',
	of the point GERMANY-SLOVENIA from '86' to '17',
	of the point GERMANY-SLOVAKIA from '87' to '18',
	of the point GERMANY-UNITED KINGDOM from '90' to '19',
	of the point SPAIN-PORTUGAL from '142' to '20',
	of the point IRELAND-UNITED KINGDOM from '180' to '21',
	of the point ITALY-SLOVENIA from '191' to '22',
	of the point LUXEMBOURG-SLOVAKIA from '242' to '23',
	of the point HUNGARY-AUSTRIA from '248' to '24',
	of the point HUNGARY-SLOVENIA from '251' to '25',
	of the point NETHERLANDS-PORTUGAL from '267' to '26',
	of the point AUSTRIA-POLAND from '273' to '27',
	of the point AUSTRIA-SLOVENIA from '275' to '28',
	of the point AUSTRIA-SLOVAKIA from '276' to '29',
	of the point PORTUGAL-UNITED KINGDOM from '290' to '30' and
	of the point FINLAND-SWEDEN from '298' to '31';
	iii)	in point "2. CZECH REPUBLIC–GERMANY", the words "no convention" are replaced by the following:
	"Article 39(1)(b) and (c) of the Agreement on Social Security of 27 July 2001;

Point 14 of the Final Protocol to the Agreement on Social Security of 27 July 2001";
	iv)	in point "3. CZECH REPUBLIC-CYPRUS", the word "none" is replaced by the following:
	Article 32 (4) of the Agreement on Social Security of 19 January 1999";
	v)	in point "4. CZECH REPUBLIC–LUXEMBOURG", the word "none" is replaced by the following:
	"Article 52, point 8, of the Convention of 17 November 2000";
	vi)	point "6. CZECH REPUBLIC–SLOVAKIA" is replaced by the following:
	"6. CZECH REPUBLIC–SLOVAKIA

Articles 12, 20 and 33 of the Convention on social security of 29 October 1992";
	vii)	in point "18. GERMANY-SLOVAKIA", the words "no convention" are replaced by the following:
	"Article 29 (1) points 2 and 3 of the Agreement of 12 September 2002
	Paragraph 9 of the Final Protocol to the Agreement of 12 September 2002";
	viii)	in point "23. LUXEMBOURG-SLOVAKIA", the words "no convention" are replaced by the following:
	"Article 50 paragraph 5 of the Treaty on social security of 23 May 2002";
	ix)	in point "29. AUSTRIA-SLOVAKIA", the words "no convention" are replaced by the following:
	"Article 34 (3) of the Agreement of 21 December 2001 on social security";

(b) Part B is amended as follows:

i) the following points are deleted:

Points 1, 4, 10, 11, 12, 14, 15, 18, 20, 21, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46, 47, 49, 55, 56, 57, 59, 60, 63, 65, 66, 70, 76, 77, 78, 81, 84, 87, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 115, 116, 117, 119, 120, 123, 125, 126, 133, 134, 135, 137, 138, 141, 143, 144, 150, 151, 152, 154, 155, 158, 160, 161, 166, 167, 168, 170, 171, 174, 176, 177, 181, 182, 183, 185, 186, 189, 192, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 239, 241, 242, 246, 247, 249, 250, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 266, 268, 269, 280, 281, 282, 283, 284, 285, 286, 287, 291, 292, 293, 294, 295, 296, 297;

ii) the following numberings are changed as follows:

of the point CZECH REPUBLIC-CYPRUS from '33' to '1',

of the point CZECH REPUBLIC-AUSTRIA from '40' to '2',

of the point GERMANY-HUNGARY from '80' to '3',

of the point GERMANY-SLOVENIA from '86' to '4',

of the point ITALY-SLOVENIA from '191' to '5',

of the point HUNGARY-AUSTRIA from '248' to '6',

of the point HUNGARY-SLOVENIA from '251' to '7',

of the point AUSTRIA-POLAND from '273' to '8',

of the point AUSTRIA-SLOVENIA from '275' to '9' and

of the point AUSTRIA-SLOVAKIA from '276' to '10';
	iii)	in point "1. CZECH REPUBLIC-CYPRUS", the word "none" is replaced by the following:" "Article 32 (4) of the Agreement on Social security of 19 January 1999";"
	iv)	in point "10. AUSTRIA-SLOVAKIA", the words "No convention" are replaced by the following:" "Article 34 (3) of the Agreement of 21 December 2001 on social security"

6. Annex IV is amended as follows:

(a)

Part A is amended as follows,

in point "B. CZECH REPUBLIC", the word "None" is replaced by the following:"
Full disability pension for persons whose complete disability arose before reaching eighteen years of age and who were not insured for the required period (Section 42 of the Pension Insurance Act No 155/1995 Coll.)";"

ii) in point "X. SWEDEN", the word "None" is replaced by the following:

"The legislation on earnings-related benefits for long term incapacity for work (Chapter 8 of Law 1962: 381 on general insurance, as amended)

(b)

Part C is amended as follows:

point "B. CZECH REPUBLIC" is replaced by the following:"
B. CZECH REPUBLIC
Invalidity (full and partial) and survivors' (widows', widowers' and orphans') pensions in case they are not derived from the old age pension to which the deceased would be entitled at the time of his death";"

ii)

in point "E. ESTONIA", the word "None" is replaced by the following:"

	-	periods of insurance in Estonia have been completed up to December 31, 1998
	-	person social tax of the applicant paid according to the Estonian legislation is at least average social tax for the relevant year of insurance";

in Part D, point (2) (g) is replaced by the following:"

"(g) Slovak invalidity pension and survivors' pension derived thereof

7. Annex VI, point "Q. THE NETHERLANDS" is amended as follows:

point 4, point (b) is replaced by the following:"
(b) If, pursuant to subparagraph (a), the person concerned is entitled to a Dutch invalidity benefit, the calculation of benefits as referred to in Article 46(2) of the Regulation shall be carried out:

	i)	in accordance with the provisions laid down in the WAO if, prior to the occurrence of the incapacity for work, the person concerned was last engaged in work as an employed person within the meaning of Article 1(a) of the Regulation;
	ii)	in accordance with the provisions laid down in the Invalidity Insurance (Self-Employed Persons) Act (WAZ) if, prior to the occurrence of the incapacity for work, the person concerned was last engaged in work in a capacity other than that of an employed person within the meaning of Article 1(a) of the Regulation.";

point 7 is replaced by the following:"
7. "7. For the purposes of applying Title II of the Regulation, a person regarded as an employed person within the meaning of the 1964 Wage Tax Act and who is insured on this basis for national insurance, is considered to be pursuing activities in paid employment"

(1)	Opinion delivered on 28 September 2005 (not yet published in the Official Journal).
(2)	Position of the European Parliament of 15 November 2005.
(3)	OJ L 100, 6.4.2004, p. 1.
(4)	OJ L 149, 5.7.1971, p. 1. Regulation last amended by Regulation (EC) No 631/2004, and repealed, with effect from the date of entry into force of the Implementing Regulation, by Regulation (EC) No 883/2004 of the European Parliament and of the Council (OJ L 200, 7.6.2004, p. 1).
(5)	OJ L 74, 27.3.1972, p. 1. Regulation last amended by Regulation (EC) No 631/2004.

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