Amended 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 (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2004-04-22
Institutions: European Commission
Subjects: social legislation, social security, social security legislation, social-security benefit, social-security harmonisation, worker (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES  

Brussels, 22.4.2004 
COM(2004) 314 final 

2003/0184 (COD) 

Amended 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 

(presented by the Commission pursuant  
to Article 250 (2) of the EC Treaty) 

EN 

   EN 

 
 
 
 
2003/0184 (COD) 

Amended 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 

1. 

BACKGROUND 

Regulations  (EEC)  No  1408/711  et  No  574/722  were  updated  by  Regulation  (EC) 
No 118/973  and  were  last  amended  by  Commission  Regulation  (EC)  No  89/20014 
and Regulation (EC) No 1386/20015 of the European Parliament and of the Council. 

On  31  July  2003  the  Commission  presented  a  proposal  for  amendment  of  these 
Regulations. The proposal seeks to update these Community Regulations in order to 
take account of changes in national law and to clarify the legal position concerning 
certain  Articles  of  the  said  Regulations.  It  also  seeks  to  take  account  of  recent 
developments in the case law of the Court of Justice of the European Communities, 
in particular rulings concerning the identification criteria for special non-contributory 
cash benefits subject to specific coordination (which are non-exportable if they meet 
the above-mentioned criteria and are entered in Annex IIa of the Regulation), as well 
as rulings concerning the relationship between the Regulation and the provisions of 
bilateral  social  security  agreements  (which  will  continue  to  apply  if  they  meet  the 
requirements for inclusion in Annex III of the Regulation). 

At  its  plenary  session  of  11  March  2004  the  European  Parliament  adopted  4 
amendments. The Commission accepts all 4 of them. 

1 

2 

3 
4 
5 

Council  Regulation  (EEC)  No  1408/71  14.7.71  on  the  application  of  social  security  schemes  to 
employed  persons,  to  self-employed  persons  and  to  members  of  their  families  moving  within  the 
Community  (OJ  L 149  of 5.7.1971,  p.2); Regulation updated by  Council  Regulation (EC) No 118/97 
(OJ  L  28  of  30.1.1997,  p.1)  and  last  amended  by  Regulation  (EC)  No  1386/2001  of  the  European 
Parliament and of the Council (OJ L 187 of 10.7.2001, p.1). 
Council  Regulation  (EEC)  No  574/72  of  21.3.72  laying  down  the  procedure  for  implementing 
Regulation  (EEC)  n°  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  (OJ  L  74  of 
27.3.1972, p.1); Regulation updated by Council Regulation (EC) No 1290/97 (OJ L 176 of 4.7.1997, p. 
1) and last amended by Regulation (EC) No 1386/2001 of the European Parliament and of the Council 
(OJ L 187 of 10.7.2001, p.1). 
OJ L 28 of 30.1.1997 
OJ L 14 of 18.1.2001 
OJ L 187 of 10.7.2001 

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2. 

EXAMINATION OF THE AMENDMENTS 

2.1. 

Oral amendment  

The  amendment  seeks  to  invite  Member  States  to  take  measures  to  ensure  that  the 
prejudicial  effects of certain amendments  made to the list of benefits in Annex IIa, 
specifically  when  a  benefit  becomes  non-exportable  due  to  its  inclusion  in  the 
Annex, are mitigated with regard to persons who previously received these benefits, 
by introducing a transition period. The Commission can accept this amendment. 

2.2. 

Amendment 1 

The amendment seeks to insert into the list of special non-contributory cash benefits 
contained in Annex IIa to Regulation (EEC) No 1408/71, a benefit provided for by 
Spanish legislation: "mobility allowance to cover transport costs". The Commission 
can accept this amendment, since the benefit in question perfectly meets the criteria 
laid  down  in  Article  4(2)(a)  of  the  Regulation,  i.e.  it  must  be  “intended  to  provide 
solely specific protection for the disabled, closely linked to the said person’s social 
environment in the Member State concerned". 

2.3. 

Amendment 2 

The amendment seeks to insert into the list of special non-contributory cash benefits 
contained in Annex IIa to Regulation (EEC) No 1408/71, a benefit provided for by 
Irish legislation: "mobility allowance". The Commission can accept this amendment, 
since the benefit in question perfectly meets the criteria laid down in Article 4(2)(a) 
of the Regulation, i.e. it must be “intended to provide solely specific protection for 
the  disabled,  closely  linked  to  the  said  person’s  social  environment  in  the  Member 
State concerned". 

2.4. 

Amendment 3 

The amendment seeks to insert into the list of special non-contributory cash benefits 
contained in Annex IIa to Regulation (EEC) No 1408/71, a benefit provided for by 
UK  legislation:  "income  support".  This  United  Kingdom  benefit  is  intended  to 
guarantee a minimum income to persons aged under 60 years and is funded from the 
national  budget.  The  Commission  can  therefore  accept  this  amendment,  since  the 
benefit in question meets the criteria of being “special” and “non-contributory”. 

3. 

CONCLUSION 

Pursuant to Article 250(2) of the Treaty establishing the European Community, the 
Commission amends its proposal for a Regulation as outlined above. 

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