Legislative resolution embodying Parliament' s opinion on the proposal for a Council regulation 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 (COM(95) 0352 final - C4-0389/95 - 95/0196(CNS)) (Consultation procedure)
Date: 1995-11-29
Institutions: Committee on Employment and Social Affairs, European Parliament
Subjects: family, free movement of workers, frontier worker, pension scheme, self-employment, social security, wage earner













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51995AP0286

Legislative resolution embodying Parliament' s opinion on the proposal for a Council regulation 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 (COM(95) 0352 final - C4-0389/95 - 95/0196(CNS)) (Consultation procedure)  


Official Journal C 339 , 18/12/1995 P. 0015 





A4-0286/95Proposal for a Council Regulation 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 (COM(95)0352 - C4-0389/95 - 95/0196(CNS))The proposal was approved with the following amendments:(Amendment 1)ARTICLE 1(-1) (new)Title (Regulation (EEC) No 1408/71)>Text following EP vote>-1. The title is replaced by the following:>Text following EP vote>'Regulation (EEC) No 1408/71 on the application of social security schemes to persons moving within the Community.¨(Amendment 2)ARTICLE 1(-1a) (new)Article 1(j) (Regulation (EEC) No 1408/71)>Text following EP vote>-1a. Article 1 is amended as follows:>Text following EP vote>The third subparagraph of Article 1(j) is replaced by the following:>Text following EP vote>'The provisions of the preceding subparagraph shall not have the effect of exempting from application of this Regulation the conventional provisions for those taking early retirement.'(Amendment 3)ARTICLE 1(1), SECOND SUBPARAGRAPH (new)Article 1(va) (new) (Regulation (EEC) No 1408/71)>Text following EP vote>The following new subparagraph (va) is inserted:>Text following EP vote>'(va) The term 'early retirement allowance' means any cash allowances, other than an early old age pension, paid from a certain age to a fully or partially unemployed worker up until such time as he qualifies for old age pension or a non-reduced early retirement pension not dependent on his having to make himself available to the employment services of the competent State.'(Amendment 4)ARTICLE 1(1a) (new)Article 2(3a) (new) (Regulation (EEC) No 1408/71)>Text following EP vote>1a. In Article 2 the following new paragraph 3a is inserted:>Text following EP vote>'3a. The provisions of Article 22(1)(a) and Article 31 shall also apply to subjects of third countries who are legally resident in the territory of a Member State and to the members of their families.'(Amendment 5)ARTICLE 1(1b) (new)Article 4(4) (Regulation (EEC) No 1408/71)>Text following EP vote>1b. Article 4(4) is replaced by the following:>Text following EP vote>'4. This Regulation shall not apply to social and medical assistance, nor to benefit schemes for victims of war or its consequences.'(Amendment 7)ARTICLE 1(1c) (new)Article 20 (Regulation (EEC) No 1408/71)>Text following EP vote>1c. Article 20 is replaced by the following:>Text following EP vote>'A frontier worker may also obtain benefits in the territory of the competent State. Such benefits shall be provided by the competent institution in accordance with the legislation of that State, as though the worker were resident there. Members of his family and former frontier workers entitled to a pension or an early retirement allowance due under the legislation of the Member State in whose territory he worked as a frontier worker, and the members of their family or surviving relatives, may receive benefits in kind under the same conditions.>Text following EP vote>If, in the Member State of residence, access to sickness benefit is dependent on work previously done, totally unemployed frontier workers shall, both during the period of unemployment and on and after reaching pensionable age, be entitled to receipt of sickness benefit in the Member State of residence on the basis of work done in the country where they were employed.'(Amendment 8)ARTICLE 1(2a) (new)Article 25(2) (Regulation (EEC) No 1408/71)>Text following EP vote>2a. Article 25(2) is replaced by the following:>Text following EP vote>'2. A totally unemployed person to whom the provisions of Article 71(1)(a)(ii) or the first sentence of (b)(ii) and workers to whom Article 71a apply shall receive benefits in kind and in cash in accordance with the legislation of the Member State in whose territory he resides, as though he had been subject to that legislation during his last employment, taking account where appropriate of the provisions of Article 18; the cost of such benefits shall be met by the institution of the country of residence.'(Amendment 9)ARTICLE 1(2b) (new)Article 27(1a) (new) (Regulation (EEC) No 1408/71)>Text following EP vote>2b. Article 27 shall be amended as follows:>Text following EP vote>The existing text shall become paragraph 1 and the following paragraph 1a shall be inserted:>Text following EP vote>'1a. In the case of a pensioner entitled to draw pensions from two or more Member States, the financial burden of assistance shall be borne by the Member State to whose legislation the pensioner was subject for the longest period.'(Amendment 10)ARTICLE 1(2c) (new)Article 31(1a)(new) (Regulation (EEC) No 1408/71)>Text following EP vote>2c. Article 31 shall be amended as follows:>Text following EP vote>The existing text shall become paragraph 1 and the following paragraph 1a shall be inserted:>Text following EP vote>'1a. A pensioner entitled to draw a pension under the legislation of one Member State or to draw pensions under the legislation of two or more Member States who is entitled to benefits under the legislation of one or more of those Member States shall, together with members of his family, be entitled, while resident in the territory of a Member State under whose legislation they are entitled to benefits, to benefits from, and at the expense of, the authorities of that Member State as if the pensioner in question were resident there'.(Amendment 11)ARTICLE 1(2d) (new)Article 31a (new) (Regulation (EEC) No 1408/71)>Text following EP vote>2d. The following Article 31a is inserted after Article 31:>Text following EP vote>'Article 31a>Text following EP vote>'A former frontier worker entitled to draw a pension under the legislation of the Member State on whose territory he worked as a frontier worker and who is entitled to benefits under such legislation shall also be entitled, together with members of his family or surviving relatives, to receive benefits from, and at the expense of, the authorities of that Member State as if he were resident there'.(Amendment 12)ARTICLE 1(4a) (new)Article 71(1)(a)(ii) (Regulation (EEC) No 1408/71)>Text following EP vote>4a. Article 71 is amended as follows:>Text following EP vote>Paragraph 1(a)(ii) is replaced by the following:>Text following EP vote>'(ii) A frontier worker who is wholly unemployed shall receive benefits in accordance with the legislation of the State where he is seeking new employment, i.e. either the State where he was last employed, or the State of residence, according to the provisions of that State, as though he had been subject to that legislation while last employed; the institution of the place of residence or the place where he was last employed shall provide such benefits at its own expense;'(Amendment 13)ARTICLE 1(4b) (new)Article 71a (new) (Regulation (EEC) No 1408/71)>Text following EP vote>4b. The following Article 71a is inserted after Article 71:>Text following EP vote>'Article 71a>Text following EP vote>Notwithstanding the provisions of Article 71(1)(a)(ii), a worker who, during his last employment, was resident in the territory of a Member State other than the competent State shall qualify for early retirement benefit in accordance with the legislation of the latter State as though he were residing in its territory.'(Amendment 14)ARTICLE 1(4c) (new)Article 74(1a) (new) (Regulation (EEC) No 1408/71)>Text following EP vote>4c. Article 74 is amended as follows:>Text following EP vote>The existing text becomes paragraph 1, and the following paragraph 1a is added:>Text following EP vote>'1a. The provisions of paragraph 1 are applicable mutatis mutandis to those in receipt of early retirement payments.'(Amendment 15)ARTICLE 1(4d) (new)Article 77(1) (Regulation (EEC) No 1408/71)>Text following EP vote>4d. Article 77(1) is replaced by the following:>Text following EP vote>'1. The term 'benefits¨ for the purposes of this Article shall mean family allowances for persons receiving pensions for early retirement, old age, invalidity or an accident at work or occupational disease, and increases or supplements to such pensions in respect of the children of such pensioners, with the exception of supplements granted under insurance schemes for accidents at work and occupational diseases.'(Amendment 16)ARTICLE 1(4e) (new)Article 81(da) (new) (Regulation (EEC) No 1408/71)>Text following EP vote>4e. Article 81 is amended as follows:>Text following EP vote>The following subparagraph (da) is inserted after (d):'(da) To encourage and further develop cooperation between Member States with a view to finding solutions for specific problems concerning the social security of frontier workers, with reference inter alia to their social security contributions and the right to payments and benefits.'(Amendment 6)ARTICLE 2(1a) (new)Article 19b (new) (Regulation (EEC) No. 574/72)>Text following EP vote>1a. The following Article 19b shall be inserted before Article 20:'Article 19bThe Commission shall submit a proposal aimed at introducing a European health care card with effect from 1 January 1997 for the purpose of implementing Article 22(1)(a) of the Regulation.'(Amendment 17)ARTICLE 2(1b) (new)Article 95 (Regulation (EEC) No 574/72)>Text following EP vote>1b. Article 95 shall be amended as follows:>Text following EP vote>(a) Paragraph 2 is replaced by the following:>Text following EP vote>'The lump-sum shall be determined by multiplying the average annual cost per pensioner by the average annual number of pensioners to be taken into account.'>Text following EP vote>(b) The following paragraph 4a is added after paragraph 4:>Text following EP vote>'4a. For the implementation of this Article, the two spouses, each of whom receives an old-age pension under the legislation of a Member State and who live under the same roof on the territory of another Member State, shall be considered as one pensioner. This provision shall not apply where, up to the date on which the abovementioned pension was awarded, both spouses had been entitled to benefits in their capacity as employed persons.'(Amendment 18)ARTICLE 2(1c) (new)Article 95a (new) (Regulation (EEC) No 574/72)>Text following EP vote>1c. The following Article 95a shall be inserted:>Text following EP vote>'Article 95a>Text following EP vote>Mobility of frontier workers>Text following EP vote>Before 30 June 1996 the Commission shall submit a proposal amending this Regulation which analyzes the problems created for these workers by the current lack of harmonization and puts forward proposals to overcome the problems of cross-border movement and establish a genuine internal market for workers.'Legislative resolution embodying Parliament's opinion on the proposal for a Council regulation 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 (COM(95) 0352 final - C4-0389/95 - 95/0196(CNS))(Consultation procedure)The European Parliament,- having regard to the Commission proposal to the Council (COM(95)0352 - 95/0196(CNS)) ((OJ C 260, 5.10.1995, p. 13.)),- having been consulted by the Council pursuant to Articles 51 and 235 of the EC Treaty (C4-0389/95),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Social Affairs and Employment (A4-0286/95),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Commission to amend 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.