[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 5.6.2009

COM(2009) 264 final

2006/0006 (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 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2006/0006 (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 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

1. INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the eight amendments adopted by Parliament.

2. Background

Date of transmission of the proposal to the EP and the Council (document COM (2006)16 final — 2006/0006(COD): | 31 January 2006 |

Date of the opinion of the European Economic and Social Committee: | 26 October 2006 |

Date of the opinion of the European Parliament, first reading: | 9 July 2008 |

Date of transmission of the amended proposal: | 15 October 2008 |

Date of adoption of the common position: | 17 December 2008 |

Date of adoption of Commission's communication: | 7 January 2009 |

Date of the opinion of the European Parliament, second reading: | 22 April 2009 |

3. PURPOSE OF THE PROPOSAL

The objective of the proposal is to complete the process of modernising the existing rules on coordination of social security systems, thereby replacing the current implementing Regulation[1].

It aims to define, for the parties involved, (insured persons, their employers, social security institutions and the competent authorities of the Member States) the procedures for implementing the rules set out in the basic Regulation (EC) No 883/2004[2]. The proposal aims to simplify and clarify current procedures. The proposal also clarifies the rights and obligations of the various parties. The new rules will enhance cooperation between institutions and promote transparency and mutual trust. This enhanced cooperation is supported through a new system of electronic data exchange between the Member States, which improves efficiency and accuracy.

4. OPINION OF THE COMMISSION ON THE AMENDMENTS BY THE EUROPEAN PARLIAMENT

4.1. Amendments accepted by the Commission

The Commission accepts all 8 amendments adopted by Parliament. The 8 amendments were agreed following informal contacts between Parliament and Council with a view to a second reading agreement. The amendments are of a technical nature, aiming in particular to ensure that the persons concerned receive a timely answer to their requests from the competent institution and appropriate information, including guidance on administrative procedures.

5. CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.

[1] Council Regulation (EEC) No 574/72 of 21 March 197 laying down the procedure for implementing Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community, OJ L 74, 27.3.1972, p.1.

[2] OJ L166, 30.4.2004, corrected version in OJ L 200, 7.6.2004, p.1.