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 and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (text of interest to the EEA)
Date: 1997-06-05
Institutions: European Commission
Subjects: Community migration, dependant, self-employment, social security, wage earner

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  05.06.1997 
COM(97) 294 final 

96/ 0227  (CNS) 

Amended proposal  for a 

COUNCIL REGULATION  (EO 

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 

(text of interest to the EEA) 

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

EXPLANATORY  MEMORANDUM 

regarding the proposal for a Council Regulation (EEC) 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. 

NOTE 

In  the  light  of  the  opinion  of  the  European Parliament1 concerning the proposal for  a 
Regulation presented by the Commission to the Council on 21 September I9962, the following 
changes should be made: addition of a new point 2a to Article 1 of the proposal,  along with 
the corresponding recital, and  deletion of  section (e) under point  10 of  the same Article, 
along with the corresponding recital.  The proposal remains unchanged in all other respects. 

Article 1 

Amendments to Regulation (EEC) No 140H/71 

1. 

Amendment of Article 22a. 

Nationals of third countries and members of their family  who are insured under 
the  legislation  of  a  Member  State  are  at  present  deprived  of  entitlement  to 
urgently required health care, and to sickness or maternity benefits, during a stay 
on the territory  of another  Member  State,  owing  to  the  fact  that  they  are not 
covered  by the Regulation.  The proposed  amendment  seeks to  make good  this 
shortcoming by enabling such persons to benefit from the provisions contained in 
Article 22 (1) (a) and (c). 

Deletion of subparagraph (b). point  1, heading "J. NETHERLANDS", in Annex 
VI 

This  derogation  is designed  to  enable  the  Netherlands to  apply  its  health-care 
system requiring registration and reimbursement on the basis of the average cost 
to  be  paid  in  the  form  of  a  lump  sum,  to  students  and  persons  undergoing 
vocational  training  in  the  Netherlands,  and  to  members  of  their  family  who 
accompany  them  during that  period.  This derogation  appears  to  be  unjustified, 
given that the persons targeted generate relatively little expenditure in the health 
care sector, and the calculation of a lump sum for them would not be reasonable. 

OJ C... (N.B.: Opinion adopted on 29 May 1997). 
COM (96) 452 final. OJ C 341 of 13 November 1996, p. 6. 

Amended proposal  for  a 

COUNCIL REGULATION (EC)3 

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, 

THE COUNCIL OF THE EUROPEAN UNION, 

In the light of the opinion of the European Parliament, the eighteenth recital should be deleted 
and the following recital should be inserted between the third and the fourth recitals: 

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

HAS ADOPTED THIS REGULATION 

Article 1 

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

2 a 

Article 22a shall be amended as follows: 

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

3 

Proposal of 20 September 1996, COM(96) 452 final, OJ C 341 of 13 November 1996. This 
proposal is amended in the light of the opinion of the European Parliament of 29 May 1997. 

- 3-

10. 

Annex VI shall be amended as follows. 

Section (e), reading as follows, shall be deleted: 

\e) 

In the heading "J. NETHERLANDS", subparagraph (b) of point 1 shall be 
worded as follows: 

(b)  Article  17 of  the implementing Regulation shall apply by analogy to persons 
referred to  in Article 22c of  the Regulation who are studying or undergoing 
vocational training in the Netherlands,  as  well as  to members of  their family 
accompanying them during that period. 

Notwithstanding Article 93 of  the implementing Regulation,  Article 94 of this 
Regulation shall apply by analogy to benefits provided to the persons referred 
to in the previous paragraph. 

- 4-

ISSN 0254-1475 

COM (97) 294  final 

DOCUMENTS 

EN 

04  05  06 

Catalogue  number  :  CB-CO-97-286-EN-C 

ISBN  92-78-21255-5 

Office  for Official  Publications of the European  Communities 

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