**Avis juridique important**

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# 52004PC0332

**Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on the coordination of social security schemes amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty  /* COM/2004/0332 final - COD 1998/0360 */****

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the coordination of social security schemes AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1998/0360 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  on the coordination of social security schemes

1. Introduction

Article 251(2)(c) of the EC Treaty provides that the Commission shall deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission's opinion regarding the two amendments proposed by the European Parliament is set out below.

2. Background

The Commission forwarded the above-mentioned proposal for a regulation to Parliament and the Council on 21 December 1998 (COM(1998) 779 final - 1998/0360(COD)).

The European Economic and Social Committee delivered its opinion on 27 January 2000.

The European Parliament adopted an opinion at first reading on 3 September 2003, tabling 47 amendments to the Commission proposal.

The Commission adopted an amended proposal on 9 October 2003 incorporating 40 amendments in full and three amendments in part (COM(2003) 596 final).

The Council adopted its common position unanimously on 26 January 2004. The Commission regarded this common position as acceptable.

The European Parliament adopted two amendments to the Council's common position at second reading on 20 April 2004.

3. Aim of the proposal

Regulation (EEC) No 1408/71 ensures the coordination of the social security schemes of the Member States in order to protect the rights of persons moving within the European Union.

Since its adoption in 1971, this Regulation has undergone a considerable number of amendments designed to take account of changes in national legislations, improve certain provisions, fill in gaps or lay down rules covering the situation of certain specific categories of persons. In addition, some provisions need to be clarified in order to avoid difficulties of interpretation, as evidenced by a large number of judgments delivered by the Court of Justice. The aim of coordination should also be to complement the development of the European Union as a whole. The rules on coordination no longer have the sole aim of ensuring the free movement of workers, but are about protecting the social security entitlements of all persons moving within the European Union. Coordination must therefore be seen from the perspective of European citizenship and the building of a Social Europe.

The Commission therefore presented a proposal for a Regulation to simplify and modernise the coordination rules contained in Regulation (EEC) No 1408/71.

4. Commission opinion on the amendments proposed by Parliament

The Commission can accept the two amendments proposed by Parliament.

4.1. Amendment 1

The purpose of the amendment is to specify that the provisions of the agreements mentioned in Article 1, point 1, must be notified to Parliament and the Council. This amendment is acceptable to the Commission since it ensures that notifications are forwarded to the two co-legislators.

4.2. Amendment 2

This amendment aims to bring the period to be completed by family members into line with that to be completed by former frontier workers themselves in order to be eligible for benefits in kind within the territory of the previous State of employment, as provided for in Article 18 of the Regulation. The amendment is acceptable to the Commission since it is favourable to family members.

5. Conclusion

Under the terms of Article 250(2) of the EC Treaty, the Commission amends its proposal in accordance with the above.