A4-0018/97

Proposal for a Council Regulation amending, for the benefit of unemployed persons, Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (COM(95)0734 - C4-0116/96 - 96/0004(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1(6)

Article 69 (Regulation (EEC) No 1408/71)

>Original text>

A wholly unemployed person who was formerly employed or self-employed and who satisfies the conditions of the legislation of a Member State for entitlement to benefits, account being taken where appropriate of the provisions of Article 67, and who goes to one or more other Member States in order to seek employment there shall retain his entitlement to such benefits under the conditions laid down in Article 69a and within the limits determined by Article 69b.

>Text following EP vote>

A wholly unemployed person who was formerly employed or self-employed and who satisfies the conditions of the legislation of a Member State for entitlement to benefits, account being taken where appropriate of the provisions of Article 67, and who goes to one or more other Member States in order to seek employment or undergo training there shall retain his entitlement to such benefits under the conditions laid down in Article 69a and within the limits determined by Article 69b.

(Amendment 2)

ARTICLE 1(7)

Article 69b(7) (Regulation (EEC) No 1408/71)

>Original text>

7. Where the competent State is Belgium, an unemployed person who returns there after having invoked the provisions of Articles 69 to 69b shall not requalify for benefits in that country until he has been employed there for at least three months.

>Text following EP vote>

Deleted

(Amendment 3)

ARTICLE 1(9)

Article 71(1) (b), first subparagraph (Regulation (EEC) No 1408/71)

>Original text>

(b) An employed person who has become wholly unemployed and who makes himself available to the employment services in the territory of the competent State shall receive benefits in accordance with the provisions of the legislation of the competent State as if he resided in the territory of that State; these benefits shall be provided by the competent institution. If the competent State is Luxembourg, the institution of the place of residence shall, for a transitional period of ten years after the entry into force of this paragraph, refund to the institution of that State half the amount of the benefits provided to the frontier worker within the meaning of Article 1(b), within the limit of the amount to which the unemployed person would have been entitled if he had made himself available to the employment services of the State of residence.

>Text following EP vote>

(b) An employed person who has become wholly unemployed and who makes himself available to the employment services in the territory of the competent State shall receive benefits in accordance with the provisions of the legislation of the competent State as if he resided in the territory of that State; these benefits shall be provided by the competent institution. If the competent State is Luxembourg, the institution of the place of residence shall, for a transitional period of five years after the entry into force of this paragraph, refund to the institution of that State half the amount of the benefits provided to the frontier worker within the meaning of Article 1(b), within the limit of the amount to which the unemployed person would have been entitled if he had made himself available to the employment services of the State of residence.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending, for the benefit of unemployed persons, Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (COM(95)0734 - C4-0116/96 - 96/0004(CNS))

(Consultation procedure)

The European Parliament ,

- having regard to the Commission proposal to the Council, COM(95)0734 - 96/0004(CNS) ((()OJ C 68, 6.3.1996, p. 11.)),

- having been consulted by the Council pursuant to Articles 235 and 51 of the Treaty (C4-0116/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0018/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.