Proposal for a Regulation of the European Parliament and of the Council amending Council 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 Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71
Date: 2000-04-28
Institutions: European Commission
Subjects: EU Member State, free movement of persons, migrant worker, social security

26.9.2000

EN

Official Journal of the European Communities

C 274 E/113

Proposal for a regulation of the European Parliament and of the Council amending Council
Regulation (EEC) No 1408/71 on the application of social security schemes to employed
persons,
their families moving within the
Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing
Regulation (EEC) No 1408/71

to self-employed persons and to members of

(2000/C 274 E/13)

(Text with EEA relevance)

COM(2000) 186 final (cid:151) 2000/0070(COD)

(Submitted by the Commission on 28 April 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 42 and 308 thereof,

Having regard to the proposal from the Commission, presented
after consulting the Administrative Commission on Social
Security for Migrant Workers,

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

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

Whereas:

social

(1) It is appropriate to make certain amendments to Council
Regulations (EEC) No 1408/71 of 14 June 1971 on the
application of
to employed
security schemes
to self-employed persons and to members of
persons,
their families moving within the Community (1) and (EEC)
No 574/72 of 21 March 1972 laying down the procedure
for implementing Regulation (EEC) No 1408/71 on the
application of
to employed
security schemes
to self-employed persons and to members of
persons,
their families moving within the Community (2). These
amendments are linked to changes which Member States
have made to their social security legislation.

social

(2) Following the notification by the French Government to
the President of the Council of a declaration making Regu-
lation (EEC) No 1408/71 applicable to the two French
supplementary pension schemes ARRCO and AGIRC,
it
seems appropriate to facilitate the application of Regulation
(EEC) No 1408/71 to the schemes by adding new points to
Annexes IV Part C and Annex VI, chiefly to take account of
the supplementary nature of these schemes by comparison
with the basic regimes, and of the fact that the benefits
they grant are calculated on the basis of the number of
pension points acquired,
the periods
completed.

independent of

(1) OJ L 149, 5.7.1971, p. 2. Regulation as updated by Regulation (EC)
No 118/97 (OJ L 28, 30.1.1997, p. 1) and last amended by Regu-
lation (EC) No 1399/1999 (OJ L 164, 30.6.1999, p. 1).

(2) OJ L 74, 27.3.1972, p. 1. Regulation as updated by Regulation (EC)
No 118/97 (OJ L 28, 30.1.1997, p. 1) and last amended by Regu-
lation (EC) No 1399/1999 (OJ L 164, 30.6.1999, p. 1).

(3) It is appropriate to clarify that benefits of the Austrian
statutory pre-retirement
granted
according to the provisions of Title III Chapter 3 of Regu-
lation (EEC) No 1408/71.

scheme

to be

are

(4) To take account of the judgment of the Court of Justice of
the European Communities of 11 June 1998 in Case
C-275/96 Kuusij(cid:228)rui v Riksf(cid:246)rs(cid:228)kringsverket (3), section (cid:145)N.
SWEDEN(cid:146) of Annex VI should be amended.

(5) It is appropriate to amend Article 34(5) of Regulation (EEC)
No 574/72 in order to separate it from Article 34(4) and
hence no longer to refer to the reimbursement procedure
subject to a ceiling where the expenses have been incurred
during a stay in a Member State which does not provide for
rates of reimbursement.

(6) It is necessary to amend Article 93(1) of Regulation (EEC)
No 574/72 to take account of Council Regulation (EC) No
307/1999 (4), extending Regulation (EEC) No 1408/71 to
students;

(7) It is appropriate to amend Article 107 of Regulation (EEC)
No 574/72 following the introduction of the Euro on 1
January 1999.

it

(8) In order to attain the objective of

relating to the coordination of national

for
is necessary and appropriate to amend the
workers,
social
rules
instrument
security schemes through a Community legal
that is binding and directly applicable in each Member
State.

free movement

(9) With the exception of Article 42,

provide,
other than those under Article 308,

the adoption of

for

the Treaty does not
this Regulation, powers

HAVE ADOPTED THIS REGULATION:

Article 1

Annexes IV and VI
amended in accordance with the Annex to this Regulation.

to Regulation (EEC) No 1408/71 are

(3) [1998] ECR I-3419.
(4) OJ L 38, 12.2.1999, p. 1.

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Official Journal of the European Communities

26.9.2000

Article 2

(cid:145)1.

For the purposes of the following provisions:

Regulation (EEC) No 574/72 is amended as follows:

1. Article 34(5) is replaced by the following:

(cid:145)5.
If the legislation of the State of stay does not provide
for rates of reimbursement, the competent institution may
effect the reimbursement in accordance with the rates it
administers, without
person
concerned being necessary. In any case, the amount of reim-
bursement shall not exceed the amount of the expenses
actually incurred.(cid:146)

agreement

the

the

of

2. Article 93(1) is replaced by the following:

The actual amount of benefits
to Article 19(1) and (2) of

in kind provided
(cid:145)1.
pursuant
the Regulation to
employed and self-employed persons and to members of
their families residing in the territory of the same Member
State, and benefits in kind provided pursuant to Articles
(3) and (4), 26, 31, 34a or
21(2), 22, 22a, 22b, 25(1),
34b of
the
shall be
competent
institution to the institution which provided
the said benefits as shown in the accounts of that insti-
tution.(cid:146)

the Regulation,

refunded by

last sentence, Article 22(1)(ii),

(a) Regulation: Article 12(2), (3) and (4), Article 14d(1),
last
Article 19(1)(b),
sentence,
sentence, Article 25(1)(b), penultimate
and (d), Article 46(4), Article
Article 41(1)(c)
sentence,
46a(3), Article 50, Article 52(b),
Article 55(1)(ii),
first
subparagraph, Article 71(1)(a)(ii) and (b)(ii), penul-
timate sentence;

last sentence, Article 70(1),

last

(b) implementing Regulation: Article 34(1), (4) and (5),

the rate for the conversion into a currency of amounts
denominated in another currency shall be the rate
calculated by the Commission and based on the
monthly average, during the reference period specified
reference rates of exchange of
in paragraph 2, of
currencies published by the European Central Bank.(cid:146)

(b) Paragraph 3 is deleted.

Article 3

This Regulation shall enter into force on the first day of the
second month following its publication in the Official Journal of
the European Communities.

3. Article 107 is amended as follows:

(a) Paragraph 1 is replaced by the following:

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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Annexes IV and VI to Regulation (EEC) No 1408/71 are amended as follows:

ANNEX

1. In Annex IV, Part C, Section (cid:145)E. FRANCE(cid:146), the word (cid:145)None(cid:146) is replaced by the following:

(cid:145)All applications for pension benefits or survivor’s benefits under supplementary pension schemes for employees.(cid:146)

2. Annex VI is amended as follows:

(a) Section (cid:145)E. FRANCE(cid:146) is amended as follows:

(i) In point 3, the following indent is added:

(cid:145)(cid:151) The preceding conditions also hold good when applying to other Member States’ nationals the provisions
which allow a French employed worker pursuing his activity outside France to voluntarily join a French
supplementary pension scheme for employed workers either directly or via his employer.(cid:146)

(ii) Point 5 is replaced by the following:

(cid:145)5. For the calculation of the theoretical amount referred to in Article 46(2)(a) of the Regulation, in basic or
complementary schemes in which old-age pensions are calculated on the basis of retirement points, the
competent institution shall take into account, in respect of each of the years of insurance completed
under the legislation of any other Member State, the number of retirement points arrived at by dividing
the number of retirement points acquired under the legislation it applies by the number of years
corresponding to these points.(cid:146)

(iii) The following point 9 is added:

(cid:145)9. The French legislation applicable to an employed worker or a former employed worker for the purposes
of applying Chapter 3 of Title III of the Regulation is deemed to apply both to the basic old-age insurance
scheme(s) and to the supplementary pension scheme(s) to which the person concerned has been subject.(cid:146)

(b) In Section (cid:145)K. AUSTRIA(cid:146), the following point 7 is added:

(cid:145)7. Special assistance under the Special Assistance Act (SUG) of 30 November 1973 shall be considered as an

old-age pension for the purposes of applying the Regulation(cid:146).

(c) In Section (cid:145)N. SWEDEN(cid:146), point 1 is replaced by the following:

(cid:145)1. For the application of Article 72 of the Regulation, a person’s entitlement to parental benefit shall be
determined by regarding employment periods completed in another Member State as being based on the
same average income as the Swedish employment periods with which they are aggregated.(cid:146)