Opinion of the Economic and Social Committee on the 'Proposal for a Council Regulation (EC) amending, for the benefit of beneficiaries of preretirement benefits, 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'
Date: 1996-07-10
Institutions: European Economic and Social Committee
Subjects: Community migration, early retirement, free movement of workers, migrant worker, social security













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51996AC0882

Opinion of the Economic and Social Committee on the 'Proposal for a Council Regulation (EC) amending, for the benefit of beneficiaries of preretirement benefits, 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'  


Official Journal C 295 , 07/10/1996 P. 0039 





 Opinion of the Economic and Social Committee on the 'Proposal for a Council Regulation (EC)  amending, for the benefit of beneficiaries of preretirement benefits, 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` () (96/C 295/07) On 8   February 1996 the Council decided to consult the Economic and Social Committee, under Article  198  of the Treaty establishing the European Community, 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 20  June 1996. The Rapporteur  was Mr  Chevalier. At its 337th Plenary Session (meeting of 10  July 1996), the Economic and Social Committee adopted  the following Opinion by 79 votes to twelve, with eight abstentions. 1. Commission proposal 1.1. On 18  June 1980 the Commission proposed amending the pre-retirement and unemployment  benefits' provisions of Regulation (EEC) Nos 1408/71 and (EEC) 574/72 relating to social security  arrangements for migrant workers. This proposal was not, however, adopted by the Council, where  unanimity is required, chiefly because it linked the two issues (pre-retirement and unemployment). 1.2. Consequently, the Commission has now replaced the 1980 proposal by two separate updated  proposals, and presented them to the Council jointly. 1.3. In its comments on pre-retirement benefits, the Commission puts forward the same arguments as  for unemployment benefit (high unemployment, difficulty in returning to the world of work, lack of  coordination in Member State legislation), emphasizing the need for measures to make it easier for  beneficiaries of pre-retirement schemes to move freely within the Community. 1.4. The new provisions seek to bring pre-retirement benefits under Regulation (EEC) Nos 1408/71  and 574/72. They define the term 'pre-retirement`, establish the procedures for coordination and  exportation of pre-retirement benefits and set out the procedures (particularly procedures for  checking) which are to apply under the new Regulation. 2. General comments 2.1. As regards the reasons for the proposal, the Committee endorses the Commission's attempt to  ease the situation on the labour market and promote free movement within the Community. 2.2. The Committee regrets, however, that the proposed procedures would be complex and costly to  implement, and would still not guarantee effective checks, particularly on whether pre-retirement  benefit payment beneficiaries were engaged in gainful employment. 3. Specific comments 3.1. The Committee has no objections to the proposal's definition of the term 'pre-retirement`,  which is to be included in Article  1(w) of Regulation (EEC) No  1408/71. It notes that the  definition covers all benefits to older unemployed people who are not required to look for work.  Moreover, it is not an early retirement benefit. The Committee notes that recognition of the right to export benefits would involve extending the  Regulation to collective agreements, and would call on the Commission to ensure that implementation  of the measures does not prejudice the independence of the signatories of collective agreements. 3.2. Whilst recognizing the difficulties involved in implementing checking procedures, the  Committee would urge the Commission to seek broader guarantees. 3.3. From a technical point of view, the proposals concern the following Articles of Regulation  (EEC) No  1408/71: Article  1 Third subparagraph of (j), add 'the contractual provisions concerning pre-retirement benefits`.  After (v), add (w): definition of pre-retirement. Articles 4(1) - 4(4) Insert the word 'pre-retirement`. Article  25a Extension of cash benefits or benefits in kind to family members (Article  19) and to frontier  workers (Article  20). Chapter 6 a) Creation of a Chapter 6 a) under Title III, introducing the idea of pre-retirement, and its  specific nature compared to unemployment benefits. Article  71a Insertion concerning the aggregation of periods of insurance or employment and calculation of  benefits. Article  71b Implementation and checks. Article  74a Family benefits. 3.4. It is proposed to amend Regulation (EEC) No  574/72 as follows: Article  26a Insertion of status of pre-retirement. Article  84a Application of Article  71b, checking procedures. 4. Conclusion The Committee endorses the proposed amendments to Regulation No  1408/71 and No  574/72, but would  urge the Commission to consider the comments and reservations contained in this Opinion. The  Committee would particularly like to examine the Commission's proposals concerning the  recommendation in the second paragraph of point 3.1, on the independence of the signatories of  national collective agreements, and the right to free movement. Done at Brussels, 10  July 1996. The President of the Economic and Social Committee Carlos FERRER () OJ No C 62, 1. 3. 1996, p. 14.