Opinion of the Economic and Social Committee on the 'Proposal for a Council regulation (EC) amending 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 Regulation (EC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71` (97/C 89/09)

On 17 October 1996 the Council decided to consult the Economic and Social Committee under Article 198 of the Treaty establishing the European Community, on the above-mentioned draft Council Decision.

The Section for Social, Family, Educational and Cultural Affairs, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 13 January 1997. The rapporteur was Mr Chevalier.

At its 342nd Plenary Session (meeting of 29 January 1997), the Economic and Social Committee adopted the following opinion by 98 votes to 2 with 6 abstentions.

1. Summary of the Commission document

Since the entry into force of Regulation (EEC) No 2001/83, which amended and consolidated Regulations (EEC) No 1408/71 and 574/72 following their extension to include self-employed persons, these regulations have been amended by Council Regulations (EEC) No 1660/85 and 1661/85, Commission Regulation No 513/86 and Council Regulations Nos 3811/86, 1305/89, 2332/89, 3427/89, 2195/91, 1247/92, 1248/92, 1249/92, 1945/93, 3095/95 and 3096/95, and by the Acts of Accession of the Kingdom of Spain and the Portuguese Republic in 1985 and of the Republics of Austria and Finland and of the Kingdom of Sweden in 1995.

The new proposal is intended to update the Community regulations in the light of changes made to national legislation, and to take account of certain bilateral agreements concluded by the Member States.

Moreover, coordination will be enhanced with the introduction of new provisions geared mainly to simplifying and speeding up administrative procedures under the multi-annual TESS programme (), which was adopted by the Administrative Commission on Social Security for Migrant Workers with a view to developing telematic services for the coordination of social security schemes within the Community. In this context, a number of common operational rules have been laid down for using telematic services to exchange social security information. These rules have been implemented and are already being used to exchange data between various institutions.

2. General comments

2.1. The Committee endorses the proposal in question because it meets the need to continue the amendment and updating of legal instruments designed to facilitate the coordination of social security systems in order to pave the way for convergence of Member States' social security policies.

2.2. The proposal seeks to update Community regulations in the light of certain changes in the form, substance and administrative arrangements of national legislation designed to accommodate certain bilateral agreements concluded between Member States and to improve coordination.

The Committee has no objection to this.

2.3. The proposal also seeks to simplify and accelerate administrative procedures. For migrant workers, this should facilitate access to legal instruments and improve management of the documents and benefits.

The Committee notes with satisfaction that the proposal meets its repeated requests. It hopes that the simplification of all Community legislation will be continued and completed as soon as possible.

3. Analysis of the proposed changes

3.1. Article 1 of the regulation under discussion

3.1.1. Amendment of Article 1(f)(i) of Regulation 1408/71

Part II of Annex I enables Member States to define the term 'member of the family` when their legislation does not make it possible to identify them. The wording should be adapted to this provision of the article.

3.1.2. Amendment to Article 2(3) of Regulation 1408/71

This extends the regulation to members of the families and survivors of civil servants (and persons treated as such).

3.1.3. A new Article 22(c) is to be added to Article 22 to cover persons residing in a Member State other than the competent state, for the purpose of study.

The proposals include an amendment according to which students and their families would be entitled to health care provided by the institution in the place where they are staying or residing for any condition for which health care is needed. The Committee welcomes these provisions, which are a considerable advance on the existing instruments, under which health care is limited to emergency treatment.

3.1.4. Amendment to Article 81(d) of Regulation 1408/71

This covers the tasks of the Administrative Commission on Social Security for Migrant Workers.

Present text Amendment

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Justification: This amendment stresses the role of the Administrative Commission on Social Security for Migrant Workers in dealing with benefits and more particularly pensions.

3.1.5. Insertion of a new paragraph in Article 85 of Regulation 1408/71

The new text:

- puts documents exchanged by electronic means on an equal footing with paper documents;

- defines the burden of proof in the event of a dispute;

- draws attention to the need for measures to protect electronic data of a personal nature.

The Committee insists that confidentiality be respected and personal and medical information protected.

3.1.6. Amendments to the annexes: nine amendments to the relevant annexes introduce provisions which have been made in the legislation of various Member States or in agreements between Member States.

3.2. Article 2 of the regulation under discussion - Amendment of Regulation (EEC) No 574/72

3.2.1. Amendment to Article 2(1) of Regulation 574/72

Present text Amendments

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Justification: It is necessary to put telematic documents on the same footing as paper documents and to make their use subject to an agreement between the states concerned.

3.2.2. Amendments to Article 93 of Regulation 574/72

The new text incorporates the amendments made by Regulations (EEC) 3095/95 and 3096/95 and by Articles 22a, 22b and 22c of Regulation 1408/71.

3.2.3. Insertion of a new Title VIa and amendment to Article 117 of Regulation 574/72

This amendment is the most important one in the current proposal. It enables the Administrative Commission on Social Security for Migrant Workers to encourage use of telematic facilities for the management of social security. It stipulates that the Member States are responsible for the extension of telematic services. The Commission gives its support to activities of mutual interest: common architectural rules, inter-operability tests.

The amendment lays down the conditions for coordinating national systems. It emphasizes the rules for protecting individuals. It sets up a technical commission on information processing, to replace the TESS working group and to advise the Administrative Commission on Social Security for Migrant Workers on any aspect of information processing.

3.2.4. Amendment of the Annexes

A number of amendments are proposed, to take account of changes which have been made in the legislation of various countries or in agreements concluded between some of them.

4. Conclusions

4.1. The Committee endorses the proposed amendments, as they constitute essential updating and make for better coordination of social security systems within the European Union.

Brussels, 29 January 1997.

The President of the Economic and Social Committee

Tom JENKINS

() TESS stands for 'telematics in social security`.