Opinion of the Economic and Social Committee on the 'Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1408/71 as regards its extension to nationals of third countries` () (98/C 157/08)

On 6 January 1998 the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

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 12 March 1998. The rapporteur was Mr Liverani.

At its 353rd plenary session (meeting of 25 March 1998), the Economic and Social Committee adopted the following opinion by 109 votes to one, with four abstentions.

1. Introduction

1.1. The Commission proposal, which is based on Articles 51 and 235 of the EC Treaty, extends Community coordination of social security schemes, as laid down by Regulation (EEC) No 1408/71, to employed persons and self-employed persons who are insured in a Member State and who are not Community nationals.

1.2. The proposal is designed to strengthen Regulation (EEC) No 1408/71, and forms part of the drive to step up social protection and improve the legal status of third country nationals legally resident in the Community.

2. General comments

2.1. The Committee welcomes the Commission proposal. It endorses its rationale, and the recitals confirming the objective of equal social treatment of third country nationals, as already underscored in the 1994 white paper on social policy and the 1995-1997 medium-term social action programme.

2.2. Here the Committee would reiterate the guidelines put forward in its opinions on the status of migrant workers from third countries (). It also notes that the importance of applying the principles of non-discrimination in the field of social policy to third country nationals - inter alia as part of the fight against racism and xenophobia - has recently been reaffirmed in resolutions by the Council () and the European Parliament ().

2.3. The Committee would also mention the action plan for free movement of workers (), which the Commission issued in tandem with the present proposal. The Committee agrees that the regulation will help in the fight against illegal and undeclared work. The proposal only covers 'internal` coordinating provisions and should considerably simplify the legal and administrative situation, given that the coordination of Member States' social security rules regarding third country nationals is currently governed by a number of bilateral and multilateral agreements.

2.4. Lastly, the Committee notes the Commission's view that extension of the regulation to third country nationals will appreciably reduce administrative costs but will have only modest financial implications, because the persons concerned are already affiliated to a Member State social security system.

3. Specific comments

3.1. The Committee endorses the proposal to amend Articles 1, 2 and 22a of Regulation (EEC) No 1408/71 by deleting references to the nationality of the persons concerned and to categories of persons who are not EU nationals (stateless persons, refugees from third countries). It also endorses the proposal to insert a new Article 95c containing transitional provisions to safeguard any rights acquired prior to the entry into force of the new regulation.

The Committee urges the Council to expedite approval of the amended regulation.

Brussels, 25 March 1998.

The President of the Economic and Social Committee

Tom JENKINS

() OJ C 6, 10.1.1998, p. 15.

() Opinions of 24 April 1991 (OJ C 159, 17.6.1991) and 26 September 1991 (OJ C 339, 31.12.1991).

() Council resolution of 5 October 1995 on the fight against racism and xenophobia in the fields of employment and social affairs (OJ C 296, 10.11.1995).

() European Parliament resolution of 15 July 1993 on European immigration policy, and European Parliament resolution of 30 January 1997 on racism, xenophobia and anti-semitism and the European Year against Racism.

() Commission communication COM(97) 586 final of 12 November 1997.