Amended 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, Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, Regulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71 and Regulation (EEC) No 1945/93 amending Regulation (EEC) No 1247/92
Date: 1995-06-26
Institutions: European Commission
Subjects: Community migration, EU national, family, self-employment, social security, wage earner

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

A  Ù A 

Brussels,  26.06.1995 
COM(95)284 final 

94/0111  (CNS) 

Amended  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, 
Regulation  (EEC)  No  574/72  laying  down  the procedure for  implementing  Regulation 
(EEC)  No  1408/71,  Regulation  (EEC)  No  1247/92 amending  Regulation  (EEC)  No 
1408/71  and  Regulation  (EEC)  No  1945/93  amending  Regulation  (EEC)  No  1247/92 

(presented  by  the Commission  pursuant  to  Article  189 a (2) 
of the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

relating  to the  amended  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, 
Regulation  (EEC)  No  574/72  laying  down  the  procedure  for  implementing  Regulation  (EEC) 
No  1408/71,  Regulation  (EEC)  No  1247/92  amending  Regulation  (EEC)  No  1408/71  and 
Regulation  (EEC)  No  1945/93  amending  Regulation  (EEC)  No  1247/92 

EXPLANATORY  NOTE 

hollowing  the  Opinion  of  the  European  Parliament'  on  the proposal  for  a  Regulation  which 
the  Commission  transmitted  to  the  Council  on  21  April  19942  ,  three  new  points  should  be 
added  to Article  1 of  the proposal.  Two new points  1 and  la  are  inserted.  The present  point 
I  of  Article  1 becomes  point  lb  and  a  new point  lc  is added  after  point  lb.  The  remainder 
of  the proposal  remains  unchanged.  Three  new  recitals  are  added,  two  after  the first  recital 
and  one  after  the  second  current  recital. 
is  added  to  the  Explanatory 
Memorandum: 

The  following 

Article 

Amendments  to  Regulation  (EEC)  No  1408/71 

1. 

Amendment  to  Article  20 

The  aim  is  to  enable  members  of  a  frontier  worker's  family  to  choose  between 
receiving  treatment  in  the  competent  State  or  in  the  State  of  residence,  just  like  the 
frontier  worker  himself.  The  fact  is  that  the  distinction  made  at  present  no  longer 
seems  appropriate  and  prior  authorization  should  be  abolished  accordingly. 

la. 

The  insertion  of  a  new  Article  22a 

Many  people —  in  particular  persons  other than  employed  and  self-employed  persons 
and  nationals  of  non-member  States  and  the  members  of  their  families  —  who  are 
insured  under  the  legislation  of  a Member  State  are unable  to receive  urgently  needed 
medical  treatment  while  staying  in  the  territory  of  another  Member  State  and  cannot 
obtain 

OJ  No  C  ...  (NB:  Opinion  adopted  on  12 June  1995) 
COM  (94)  135  final.  OJ  No  C  143,  26.5.94,  p.  7 

authorization  to go another  Member  State for  treatment  appropriate  to their  condition 
on account  of the fact  that they  do not fall  within  the scope relating to persons of the 
Regulation.  The  new  Article  is  intended  to  remedy  this  lacuna  by  enabling  these 
people  to benefit  from  the  provisions  of  Article  22(1 )(a)  and  (c)  in  accordance  with 
the  objective  announced  in  the White  Paper  on  European  Social  Policy3. 

lc. 

The insertion  of a new  Article 31a 

Pensioners who were last employed  as frontier  workers and members of their  families 
should  be able to receive medical  treatment  both  in the  State of  residence  and in the 
State  where  they  last  worked.  This  provision  could  ensure  continuity  with  the 
situation  provided  for  in  Article 20 

COM  (94)  333 

Amended  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,  Regulation 
(EEC)  No  574/72  laying  down  the  procedure  for  implementing  Regulation  (EEC)  No 
1408/71,  Regulation  (EEC)  No  1247/92  amending  Regulation  (EEC)  No  1408/71  and 
Regulation  (EEC)  No  1945/93  amending  Regulation  (EEC)  No  1247/92 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

(Following  the  Opinion  of  the  European  Parliament  the  two  following  recitals  should  be 
inserted  between  the  first  and  second  recitals:) 

Whereas  in Article  20  the position  of members  of  a frontier  worker's  family  should  be 
brought  into  line  with  that  of  the frontier  worker  himself; 

Whereas  the  benefits  of  Article  22(1)(a)  and  (c)  should  be  extended  to  all  persons, 
including  nationals  of  non-member  Stales,  who  are  insured  under  the  legislation  of  a 
Member  State  and  to  the  members  of  their  families  residing  with  them; 

(Following  the  Opinion  of  the  European  Parliament  the  two  following  recital  should  be 
inserted  between  the  second  and  third  recitals:) 

Whereas  for  former  frontier  workers  and  members  of  their  families 
it  appears 
necessary  to  ensure  a  certain  continuity  in  the provision  of  health  care  benefits  they 
were  receiving  prior  to  retirement; 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

Regulation  (EEC)  No  1408/71  shall  be  amended  as  follows 

1 

Article  20  shall  be  replaced  by  the  following: 

"A frontier  worker  and  members  of their families  who  reside  with  him  may  also  obtain 
benefits  in  the  territory  of  the competent  State.  Such  benefits  shall  be provided  by  the 
competent  institution  in accordance  with  the provisions  of  the legislation  of  that  State, 
as  though  the  worker  were  resident  in  that  Stale." 

la 

The  following  Article  22a  shall  be  added  after  Article  22: 

"Article  22a 

Special  rules  for  certain  categories  of  persons 

the  provisions  of 
the  provisions  of  Article  2  of  this  Regulation, 
Notwithstanding 
Article  22(1) (a) and  (c) shall  also  apply  to persons,  regardless  of nationality,  who  are 
insured  under  the  legislation  of  a Member  Stale  and  to  the  members  of  their  families 
who  reside  with  them. " 

lc. 

The  following  Article  31a  shall  be  added: 

"Article  31a 

Former  frontier  workers  and  members  of  their families  -  Special  rules 

A former  frontier  worker  who  last  worked  in  a Member  State  other  than  the  State  of 
residence  and  who  is  entitled  to a pension  due  under  the  legislation  of  that  State  and 
to benefits  under  that  legislation,  and  the members  of his family  or his  survivors,  shall 
be  entitled  to  benefits  from  the  institution  of  (hat Member  State  as  though  they  were 
resident  there,  the  cost  being  borne  by  that  State". 

ISSN 0254-1475 

COM(95) 284  final 

DOCUMENTS 

EN 

05  04 

Catalogue number  : CB-CO-95-313-EN-C 

ISBN 92-77-90859-9 

Office for Officiai Publications of the European Communities 

L-2985 Luxembourg 

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