Opinion of the Economic and Social Committee on the 'Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1408/71 as regards its extension to nationals of third countries'
Date: 1998-03-25
Institutions: European Economic and Social Committee
Subjects: equal treatment, foreign national, free movement of workers, migrant worker, social security

C 157/30

EN

Official Journal of the European Communities

25.5.98

arrangements which govern them.

the Commission to
it urges
6.3. Nevertheless
continue its work in this field, taking steps in particular

Brussels, 25 March 1998.

the

issues

to address
identified in its Opinion
of December 1997 on the Commission’s Green Paper
as well as the further recommendations contained in
part 5 of this opinion.

The President

of the Economic and Social Committee

Tom JENKINS

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Regulation
(EC) amending Regulation (EEC) No 1408/71 as regards its extension to nationals of third
countries’(1)

(98/C 157/08)

On 6 January 1998 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 12 March 1998. The
rapporteur was Mr Liverani.

At its 353rd plenary session (meeting of 25 March 1998), the Economic and Social Committee
adopted the following opinion by 109 votes to one, with four abstentions.

1.

Introduction

2. General comments

1.1.
The Commission proposal, which is based on
Articles 51 and 235 of the EC Treaty, extends Community
coordination of social security schemes, as laid down
by Regulation (EEC) No 1408/71, to employed persons
and self-employed persons who are insured in a Member
State and who are not Community nationals.

2.1.
The Committee welcomes the Commission pro-
posal. It endorses its rationale, and the recitals con-
firming the objective of equal social treatment of third
country nationals, as already underscored in the 1994
white paper on social policy and the 1995-1997 medium-
term social action programme.

1.2.
The proposal is designed to strengthen Regu-
lation (EEC) No 1408/71, and forms part of the drive to
step up social protection and improve the legal status of
third country nationals legally resident in the Com-
munity.

2.2. Here the Committee would reiterate the guide-
lines put forward in its opinions on the status of migrant
workers from third countries (2). It also notes that the
importance of applying the principles of non-dis-

(1) OJ C 6, 10.1.1998, p. 15.

(2) Opinions of 24 April 1991 (OJ C 159, 17.6.1991) and

26 September 1991 (OJ C 339, 31.12.1991).

25.5.98

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Official Journal of the European Communities

C 157/31

crimination in the field of social policy to third country
nationals — inter alia as part of the fight against racism
and xenophobia — has recently been reaffirmed in
resolutions by the Council (1) and the European Parlia-
ment (2).

2.3.
The Committee would also mention the action
plan for free movement of workers (3), which the
Commission issued in tandem with the present proposal.
The Committee agrees that the regulation will help in
the fight against illegal and undeclared work. The
proposal only covers ‘internal’ coordinating provisions
and should considerably simplify the legal and adminis-
trative situation, given that the coordination of Member
States’ social security rules regarding third country

(1) Council resolution of 5 October 1995 on the fight against
racism and xenophobia in the fields of employment and
social affairs (OJ C 296, 10.11.1995).

(2) European Parliament resolution of 15 July 1993 on Euro-
pean immigration policy, and European Parliament reso-
lution of 30 January 1997 on racism, xenophobia and
anti-semitism and the European Year against Racism.
(3) Commission communication COM(97) 586 final of 12 No-

vember 1997.

nationals is currently governed by a number of bilateral
and multilateral agreements.

2.4.
Lastly, the Committee notes the Commission’s
view that extension of the regulation to third country
nationals will appreciably reduce administrative costs
but will have only modest financial implications, because
the persons concerned are already affiliated to a Member
State social security system.

3. Specific comments

3.1.
The Committee endorses the proposal to amend
Articles 1, 2 and 22a of Regulation (EEC) No 1408/71
by deleting references to the nationality of the persons
concerned and to categories of persons who are not
EU nationals (stateless persons, refugees from third
countries). It also endorses the proposal to insert a
new Article 95c containing transitional provisions to
safeguard any rights acquired prior to the entry into
force of the new regulation.

The Committee urges the Council to expedite approval
of the amended regulation.

Brussels, 25 March 1998.

The President

of the Economic and Social Committee

Tom JENKINS