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 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71
Date: 1995-11-22
Institutions: European Economic and Social Committee
Subjects: Community migration, family migration, free movement of workers, migrant worker, social security













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51995AC1301

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 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71  


Official Journal C 039 , 12/02/1996 P. 0030 





Opinion  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 (EEC) No  574/72 laying down the  procedure for implementing Regulation (EEC) No  1408/71 ()(96/C 39/06)On 15  September  1995 the Council decided, in accordance with Article  198 of the Treaty establishing the European  Community, to consult the Economic and Social Committee 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 9  November 1995. The  Rapporteur, who worked without a Study Group, was Mr Chevalier. At its 330th Plenary Session (meeting of 22  November 1995), the Economic and Social Committee  adopted the following Opinion unanimously. 1. General comments1.1. The Committee welcomes the Proposal since it is necessary to  carry on the work of amending and updating texts in order to facilitate the coordination of social  security systems, thereby paving the way for the convergence of Member States' social security  policies. 1.2. The Proposal is intended to update Community Regulations in the light of certain  administrative, procedural or substantive amendments to national legislation, to take account of  bilateral agreements signed between Member States and to improve coordination. 1.3. The Committee is pleased to note that in 1995 the Commission has updated and published the  'Compendium of Social Security Legislation'. It particularly appreciates the 'User's Guide' which  should be of great value to members of social security schemes. The planned publication of a  'Pocket Guide' is a particularly welcome idea. Last but not least, the reference in each article to  the case-law of the Court of Justice will make for a clearer interpretation of texts. The Committee  congratulates the Commission and the editors of the publications. 2. Analysis of amendmentsArticle 1: Concerns amendments to Regulation (EEC) No  1408/711) The  amendment to Article  1 u) i) states that 'adoption allowances' are to be treated in the same way  as 'childbirth allowances'. 2) Insertion of a new Article  22 a) giving access to health care during a stay for occupational  purposes. 3) Applies to Portugal and concerns retired civil servants and their families: deletion of Article   32 and amendment of Article  36 (following on from the deletion of Article  32). 4) Amendment to Annex I, section II: this is designed to clarify the concept of 'members of the  family' for those Member States whose legislation with regard to sickness or maternity benefits in  kind does not make it possible to identify these persons. 5) The amendment to Annex II, section II introduces provisions on adoption. 6) The amendment to Annex II A adds for Denmark an accommodation allowance for pensioners as a  non-contributory benefit. 7) The amendment to Annex III (A and B), No 35, takes into consideration the German-Austrian  bilateral agreements. 8) The amendment to Annex IV, section C takes account of British legislation regarding the  calculation of benefits based on periods of payment of contributions and periods of insurance  completed under the legislation of another Member State. 9) The amendments to Annex VI contain special procedures for applying the legislations of certain  Member States. Article 2: Concerns amendments to Regulation (EEC) No  574/721) The insertion of an Article  19 a)  to facilitate the application of Article  21 of Regulation (EEC) No  1408/71, relating to benefits  in kind when members of the family are residing in a Member State other than that in which the  employed or self-employed person is residing. 2) Annexes 2, 3 and 4 are amended in order to mention the competent institutions. 3) Annex 5 aims to include the implementing provisions of bilateral conventions which have remained  in force. 3. Conclusions3.1. The Committee welcomes the proposed amendments since they are a vital part of  the updating procedure and help further improve the coordination of social security systems in the  European Union. 3.2. The Committee would nevertheless like to see the Commission make particular efforts to remove  the remaining lacunae and imperfections that continue to hinder the free movement of workers and  members of their families. Done at Brussels, 22  November 1995. The Presidentof the Economic and Social CommitteeCarlos FERRER() OJ No C  260, 5. 10. 1995, p. 13.