Opinion of the Economic and Social Committee on the '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: 2000-09-20
Institutions: European Economic and Social Committee
Subjects: Community migration, family, migrant worker, self-employment, social security, wage earner

C 367/18

EN

Official Journal of the European Communities

20.12.2000

4.9.
The precise methods of project evaluation are not
readily apparent though presumably pay-back periods and
cost/benefit ratios are analysed. There may, however, be a need
to put a system in place to evaluate whether, and to what
extent the finance provided does actually lead to greater
convergence? Follow-up studies of this kind are important to
see if an institution’s core mission is actually being realised.

2.

3.

4.

5.

research and development;

information and communications;

diffusion of technology networks innovation;

development of SMEs and entrepreneurship.

The Banks recent launch of ‘Innovation 2000 Initiat-
4.10.
ive’
is a quick and welcome response to the March 2000
Lisbon Council guidelines for developing a ‘knowledge based
society driven by innovation’. This initiative is designed to
channel EIB financing into five areas:

1.

human capital formation;

There is provision for EUR 12 to 15 billion over the next three
years for this initiative but the Committee feels that the
amount should be increased and its application speeded up.

Finally, in evaluating convergence the EIB should not
4.11.
confine itself solely to economic indicators but should broaden
the parameters to include social indicators along the lines
already established by the United Nations.

Brussels, 20 September 2000.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

Opinion of the Economic and Social Committee on the ‘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’

(2000/C 367/05)

On 5 July 2000 the Council decided to consult the Economic and Social Committee, under Article 262
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 12 September 2000. The rapporteur was Mr
Rodrı´guez Garcı´a Caro.

At its 375th plenary session 2000 (meeting of 20 September and 21 September), the Economic and
Social Committee unanimously adopted the following opinion.

1.

Introduction

now submitted to the Committee, are thus tabled quite
frequently.

1.1.
Regulation (EEC) No 1408/71 is amended periodically
to keep in step with developments in national social security
systems (regulatory changes, bilateral agreements) and at EU
the European
level
(rulings by the Court of
the ones
Community). Proposed amendments,

Justice of

such as

1.2.
Regulation (EEC) No 574/72 laying down procedures
for implementing Regulation (EEC) No 1408/71 undergoes
similar amendments, either as a consequence of the amend-
ments to the basic regulation or because of changes to national
and EU legislation.

20.12.2000

EN

Official Journal of the European Communities

C 367/19

1.3.
All these amendments make social security legislation
for workers and their families moving within the EU increas-
ingly complex. Hence a regulation designed to facilitate
workers’ mobility without impinging on their social security
rights gets more and more complex, as new provisions are
regularly added without simplifying or cutting the text.

1.4.
As well as adapting the text of Regulation (EEC) No
1408/71 to new circumstances, it is thus also necessary to
reform and simplify it by expediting the adoption of the
proposed EP and Council regulation on coordination of
social security systems which was broadly endorsed by the
Committee at its January 2000 plenary session (1).

2. General comments on the proposal

2.1.
As mentioned above, the proposal amends both Regu-
lation (EEC) No 1408/71 and its implementing Regulation
(EEC) No 574/72. The Committee broadly endorses the
proposal as the changes are prompted by the express wish of
the Member States, by Community case law and by changes
which have occurred within the Union.

However, the Committee considers that the Council
2.2.
and Parliament must be prevailed on to simplify and improve
the present regulations as quickly and effectively as possible.
The draft regulation on the coordination of social security
schemes (2) must continue its procedural course through the
two institutions, so that within a reasonable timeframe the
regulation now being amended is simpler and more suited to
current circumstances.

2.3.
This is the first time that the two regulations are to be
amended using the co-decision procedure. The proposal could
undergo modifications in the course of this procedure, with
issue an opinion on
the risk that
a proposal which the co-decision procedure substantially
modifies. The Committee must participate and give its opinion
in real time, so its advisory role in this procedure needs
clarifying.

the Committee might

3.

Specific comments on the proposal

3.1.1.
Article 1 of the proposal amends Annexes IV and VI
of the regulation. The amendments are set out in the Annex to
the proposed new regulation.

3.1.2.
Annex IV, Part C [waiving of calculation of benefits
under Article 46(2)], Section E (France) is amended so as to
free the relevant institutions from the obligation to carry out a
dual calculation of pension benefits or survivor’s benefits
under the system set out in Article 46(2).

The Committee thinks that the amendment cuts red tape by
getting rid of unnecessary procedures.

Section E (France) of Annex VI (special procedures
3.1.3.
for applying the legislation of certain Member States) is also
amended. Point 3 is amended to make it easier for French and
EU nationals to voluntarily join an old-age insurance scheme.
Point 5 is amended so that it not only includes basic old-age
insurance schemes but also supplementary pension schemes
for employed workers. A point 9 is added, whereby the French
legislation applicable to employed workers is deemed to apply
both to the basic old-age insurance scheme(s) and to the
supplementary pension scheme(s) to which the person con-
cerned has been subject.

The Committee considers that the proposed amendments help
to remove barriers to worker mobility and make the text more
in keeping with the French social security system.

The Committee points out that there is a mistake in the
Spanish version of the new point 9, which should read ‘a los
efectos del capı´tulo 3 del Tı´tulo III’
(for the purposes of
applying Chapter 3 of Title III) and not ‘.... del Tı´tulo III del
capı´tulo 3’ (Title III of Chapter 3).

3.1.4.
A new point 7 is added to Section K (Austria) of
Annex VI, stating that special assistance under the Special
Assistance Act (SUG) of 30 November 1973 is considered as
an old-age pension for the purposes of applying Chapter 3 of
Title III of Regulation (EEC) No 1408/71.

The Committee points out that the numbering of the Spanish
version of Point III.2 of the explanatory memorandum men-
tions entries (d) and (e), while the actual proposal calls these
entries (b) and (c). This needs to be corrected.

3.1.
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

Point 1 of Section N (Sweden) of Annex VI

3.1.5.
is
amended so that Swedish parental benefit is treated as a family
benefit (Article 72) rather than under the category of sickness
or maternity benefit (Article 18(1)).

(1) OJ C 75, 15.3.2000.
(2) OJ C 38, 12.2.1999, p. 10.

The amendment is prompted by the Court of Justice ruling of
June 1998 (Kuusijärvi case) which established that the Swedish
parental benefit must be treated as a family benefit.

C 367/20

EN

Official Journal of the European Communities

20.12.2000

Council Regulation (EEC) No 574/72 laying down the

3.2.
procedures for implementing Regulation (EEC) No 1408/71

Article 34a on special provisions and an Article 34b on
common provisions, and deleted Article 22c.

3.2.1.
Regulation (EEC) No 574/72.

Article 2 of the proposal amends three articles of

Article 34(5) is amended as regards reimbursement,
3.2.2.
by the competent authority of a Member State, of expenses
incurred during a stay in another Member State. The aim is to
distinguish between cases where there is provision for rates of
reimbursement [Article 34(4)] and cases where there is no
such provision [Article 34(5)].

The Commission now proposes to correct the references in
Regulation (EEC) No 574/72 to the abovementioned articles
as regards reimbursement of sickness and maternity benefits
in kind.

3.2.4.
The provisions in Article 107(1) regarding currency
conversion are amended following the end of the EMS, as euro
reference rates are calculated by the European Central Bank.

4. Conclusions

The amendment also corrects linguistic errors in the English
and Swedish versions of the regulation.

The Committee welcomes the proposed amendments

4.1.
to the two regulations.

3.2.3.
Article 93(1) is amended following the inclusion of
students in Regulation (EEC) No 1408/71 (Regulation (EC)
No 307/99 of 8 February 1999 extending the personal and
material scope of Regulations (EEC) No 1408/71 and (EEC)
No 574/72). Regulation (EEC) No 307/99 introduced an

4.2.
In cases such as the present, involving co-decision, the
advisory role of the Committee needs to be set in a scenario
which enables it to issue opinions on any modifications
which the proposal undergoes in the course of the approval
procedure.

Brussels, 20 September 2000.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI