Proposal for a European Parliament and Council Decision establishing an Advisory Committee on freedom of movement and social security for Community workers and amending Council Regulations (EEC) No 1612/68 and (EEC) No 1408/71
Date: 1998-07-22
Institutions: European Commission
Subjects: application of EU law, free movement of persons, free movement of workers, migrant worker, social security

C  344/16

EN

Official  Journal  of  the  European  Communities

12.11.98

Proposal  for  a  European  Parliament  and  Council  Decision  establishing  an  Advisory  Committee
on  freedom  of  movement  and  social  security  for  Community  workers  and  amending  Council
Regulations  (EEC)  No  1612/68  and  (EEC)  No  1408/71

(98/C  344/09)

(Text  with  EEA  relevance)

COM(1998)  394  final  -  98/0231(COD)

(Submitted  by  the  Commission  on  14  October  1998)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  49,  51  and  235
thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty,

(1)(cid:217)Whereas  consultation  of  the  social  partners  is  an
freedom  of

implementing 

in 

essential  element 
movement;

(2)(cid:217)Whereas 

the 

social 

security
coordination  of 
schemes  is  the  essential  corollary  to  the  proper
exercise  of 
labour;
whereas  it  is  important  to  have  an  overview  taking
in  all  aspects  of  freedom  of  movement  and  the
coordination  of  social  security  schemes;

freedom  of  movement  of 

(3)(cid:217)Whereas  the  social  partners  have  requested  that  the
existing  Advisory  Committees  on 
freedom  of
movement  and  social  security  be  merged  with  a
view  to  rationalising  their  resources  and  improving
their  operation;

(4)(cid:217)Whereas 

the 

single  Advisory
creation  of  a 
Committee  to  discuss  matters  in  connection  with
social  security  and  freedom  of  movement  is  likely
to  make  that  Committee  more  effective  by  enabling
it  to  adopt  an  overall  strategy  on  freedom  of
movement;

(5)(cid:217)Whereas  the  new  Advisory  Committee  is  required
to  maintain  continuity  when  taking  over  the  work
of  the  Advisory  Committee  on  the  free  movement
of  workers  and  the  Advisory  Committee  on  social
security  for  migrant  workers;

(6)(cid:217)Whereas 

it 

is 

structure,
composition  and  rules  of  procedure  should  be  kept
similar  to  those  of  the  current  committees;

important 

that 

the 

(7)(cid:217)Whereas  it  is  important  that  there  should  be  equal
the
representation  of  men  and  women  on 
Committee;

(8)(cid:217)Whereas  the  term  of  office  of  the  members  of  the
committee  should  be  extended  to  four  years,  with  a
view  to  bringing  it  into  line  with  other  committees
and  increasing  the  continuity  and  efficiency  of  the
Committee;

(9)(cid:217)Whereas  the  Advisory  Committee  will,  to  a  large
extent,  take  over  the  responsibilities  of  the  current
committees,  but  consolidate  and  rationalise  them  to
achieve  greater  efficiency  and 
the
overview  needed  for  a  comprehensive  analysis  of
freedom  of  movement;

to  provide 

(10)(cid:217)Whereas 

the 

the  Advisory
responsibilities  of 
Committee  should  take  into  account  the  importance
of  coordinating  national  employment  policies,
emphasising  the  role  and  added(cid:220)value  of  worker
mobility;

include 

the  study  and  analysis  of 

(11)(cid:217)Whereas  the  Advisory  Committee’s  responsibilities
the
should 
situation  of  nationals  from  non(cid:220)member  countries
working 
is
therefore  important  for  the  social  partners  to  have
the  opportunity  of  discussing  and  giving  their  views
on  the  subject;

the  Member  States;  whereas 

in 

it 

(12)(cid:217)Whereas 

it 

is  necessary  to  delete  the  relevant
(EEC)  No
provisions  of  Council  Regulation 
freedom  of
1612/68  of  15  October  1968  on 
movement  of  workers  within  the  Community(cid:216)(˛),  as
last  amended  by  Regulation  (EC)  No  .(cid:216).(cid:216)./.(cid:216).  of  the
European  Parliament  and  of  the  Council,  and  also
those  of  Council  Regulation  (EEC)  No  1408/71  of
14  June  1971  on  the  application  of  social  security
schemes 
self(cid:220)employed
employed  persons, 
persons  and  members  of  their  families  moving
last  amended  by
within  the  Community(cid:216)(ˇ),  as 

to 

(˛)(cid:217)OJ  L  257,  19.10.1968,  p.  2.
(ˇ)(cid:217)OJ  L  149,  5.7.1971,  p.  2.

12.11.98

EN

Official  Journal  of  the  European  Communities

C  344/17

Regulation  (EC)  No  1606/98(cid:216)(˛),  which  had  set  up
advisory  committees  on  freedom  of  movement  and
social  security  matters;

3.(cid:218)(cid:217)Member  States  shall  endeavour  to  ensure  that  men
and  women  are  represented  equally  on  the  Committee.

(13)(cid:217)Whereas 

the 

issues 

relating 

inclusion  of 

to
non(cid:220)member  country  nationals  within  the  powers  of
the  committee  enables  the  social  partners  to  deal
fully  and  effectively  with  all  aspects  of 
labour
mobility;  whereas,  to  meet  this  objective,  the  Treaty
does  not  provide  powers  other  than  those  of
Articles  235,

HAVE  DECIDED  AS  FOLLOWS:

Article  1

An  Advisory  Committee  on  freedom  of  movement  and
social  security  for  workers  within  the  Community  (here(cid:220)
inafter:  the  "Committee’)  is  hereby  established,  to  be
responsible  for  assisting  the  Commission  in  the  exam(cid:220)
ination  of  matters  arising  from  the  freedom  of  movement
of  workers  and  the  coordination  of  social  security
schemes,  and 
those  matters  and
link  between 
employment  questions.

the 

Article  2

1.(cid:218)(cid:217)The  Committee  shall  be  composed  of  90  members,
comprising,  for  each  Member  State:

(a)(cid:217)two  government  representatives,  one  of  whom  shall
be  a  member  of  the  Administrative  Commission  on
Social  Security  for  Migrant  Workers  provided  for  by
Article  80  of  Regulation  (EEC)  No  1408/71,  and  the
other  a  member  of  the  Technical  Committee  on  the
free  movement  of  workers  provided  for  in  Article  32
of  Regulation  (EEC)  No  1612/68;

(b) two  representatives  of  trade  union  organisations;

(c) two  representatives  of  employers’  organisations.

in  the  first
For  each  of  the  categories  referred  to 
subparagraph,  an  alternate  member  shall  be  appointed
for  each  Member  State.

their  alternates 

shall  be
2.(cid:218)(cid:217)The  members  and 
appointed  by  the  Member  States,  which  shall  make  every
effort,  when  selecting  representatives  of  trade  unions  and
employers’  organisations,  to  ensure  equitable  represen(cid:220)
tation  on 
sectors
concerned.

the  Committee  of 

the  various 

Each  Member  State  shall  notify  the  Commission  of  the
list  of  members  and  their  alternates.

(˛)(cid:217)OJ  L  209,  25.7.1998,  p.  1.

4.(cid:218)(cid:217)The  term  of  office  for  members  and  alternates  shall
be  four  years.  Their  appointments  may  be  renewed.  On
expiry  of  their  term  of  office,  members  and  alternates
shall  remain  in  office  until  they  are  replaced  or  until
their  appointments  are  renewed.

Article  3

1.(cid:218)(cid:217)The  Committee  shall  be  chaired  by  a  Member  of
the  Commission  or  his  representative.  The  Chairman
shall  not  vote.  Secretarial  services  shall  be  provided  by
the  Commission.

2.(cid:218)(cid:217)The  Committee  shall  meet  at  least  once  a  year.  It
shall  be  convened  by  its  Chairman,  either  on  his  own
initiative  or  on  written  application  to  him  by  at  least  one
third  of  the  members.  Such  application  must  include
concrete  proposals  concerning  the  agenda.

3.(cid:218)(cid:217)Acting  on  a  proposal  from 
its  Chairman,  the
Committee  may  decide,  in  exceptional  circumstances,  to
take  advice  from  any  individuals  or  representatives  of
organisations  with  extensive  experience 
in  matters  of
social  security  or  the  freedom  of  movement  of  workers.

4.(cid:218)(cid:217)The  opinions  and  proposals  of  the  Committee  shall
state  the  reasons  on  which  they  are  based.  They  shall  be
delivered  by  an  absolute  majority  of  the  votes  validly
cast,  and  shall  be  accompanied  by  a  statement  of  the
views  expressed  by  the  minority,  where  the  latter  so
requests.

Article  4

The  Committee  shall  be  empowered,  at  the  request  of
the  Commission, 
the  Administrative  Commission  on
Social  Security,  or  the  Technical  Committee,  or  on  its
own  initiative,  to  perform  the  following  tasks:

(a)(cid:217)to  examine  questions  concerning  the  freedom  of
movement  and  social  security  of  migrant  workers,
with  particular  regard  to  how  worker  mobility  is
linked  to  and  affects  national  employment  policy  in
the  Member  States;

(b) to  make  a  general 

the  effects  of
any
and 
implementing  Community 
additional  provisions  on 
free  movement  of
workers  and  coordination  of  social  security  schemes;

legislation 

study  of 

the 

(c) to  submit  to  the  Commission  any  reasoned  proposals
for  revising  Community 
free
movement  of  workers  and  the  coordination  of  social
security  schemes;

legislation  on 

the 

C  344/18

EN

Official  Journal  of  the  European  Communities

12.11.98

(d) to  deliver,  either  at  the  request  of  the  Commission  or
on  its  own  initiative,  opinions  on  general  questions
or  on  questions  of  principle, 
in  particular  on
exchange  of 
information  concerning  developments
on  the  labour  market,  on  the  movement  of  workers
between  Member  States,  on  programmes  or  measures
to  develop  vocational  guidance  and  vocational
training  which  are 
likely  to  enhance  the  oppor(cid:220)
tunities  of  freedom  of  movement  and  employment,
and  on  all  forms  of  assistance  to  workers  and  their
families,  including  social  assistance  and  the  housing
of  workers;

(e) to  examine  general  questions  or  questions  of
principle  and  the  problems  raised  by  the  implemen(cid:220)
tation  of 
the
regulations 
provisions  of  Article  51  of  the  Treaty;

issued  pursuant 

to 

(f) to  examine  matters  connected  with  the  rights  and
obligations  in  the  Member  States  of  workers  resident
in 
third
the  Community  who  are  nationals  of 
countries.

Article  5

1.(cid:218)(cid:217)Until  the  Member  States  have  appointed  their
members  of  the  Committee  in  accordance  with  Article  2,
the  convening  of  members  for  Committee  meetings  shall
be  governed  by  the  rules  set  out  in  paragraphs  2  and  3  of
this  Article.

the  Advisory  Committee  on
2.(cid:218)(cid:217)The  members  of 
freedom  of  movement  and  the  Advisory  Committee  on
social  security  shall  be  considered  to  be  full  members  of
the  Committee.

However,  only  two  members  for  each  of  the  three
categories  referred  to  in  Article  2(1)  shall  be  entitled  to

attend  the  meetings  of  the  Committee.  Unless  otherwise
indicated  by  a  Member  State,  the  Commission  shall
invite  to  each  meeting  the  two  most  senior  members  for
each  category,  ensuring  that  the  choice  includes  one
representative  from  the  former  Advisory  Committee  on
freedom  of  movement  and  one  representative  from  the
former  Advisory  Committee  on  social  security.  If  there
are  more  than  two  members  with  the  same  seniority,  the
selection  shall  be  made  by  alphabetical  order.

In  convening  the  members  of  the  trade  union  organi(cid:220)
sations  and  employers’  associations,  the  Commission
shall  ensure  adequate  representation  of 
the  various
sectors  concerned, 
irrespective  of  seniority  or  alpha(cid:220)
betical  order.

3.(cid:218)(cid:217)Where  the  members  convened  are  unable  to  attend,
they  may  be  replaced  by  other  members.  If  the  latter  are
also  unable  to  attend,  they  may  be  replaced  by  the
alternate  members  of  the  Technical  Committee  and  the
Advisory  Committee  on  social  security.

Article  6

Articles  24  to  31  of  Regulation  (EEC)  No  1612/68  and
Articles  82  and  83  of  Regulation  (EEC)  No  1408/71  are
deleted.

Article  7

Within  three  months  of  entry  into  force  of  this  Decision,
the  Member  States  shall  forward  to  the  Commission  a
list  of  members  and  alternate  members  appointed  in
accordance  with  Article  2  of  this  Decision.

Article  8

This  Decision  shall  enter  into  force  on  the  20th  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.