Opinion of the European 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 COM(2005) 676 final — 2005/0258 (COD)
Date: 2006-12-13
Institutions: European Economic and Social Committee
Subjects: family benefit, free movement of workers, social development, social-security benefit, social-security harmonisation, worker (EU)

30.12.2006

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Official Journal of the European Union

C 325/43

Opinion of the European 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

COM(2005) 676 final — 2005/0258 (COD)

(2006/C 325/12)

On 14 February 2006, the Council decided to consult the European Economic and Social Committee, under
Article 262 of the Treaty establishing the European Community, on the abovementioned 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 7 November 2006. The rapporteur was
Mr Rodríguez García-Caro.

At its 431st plenary session, held on 13 and 14 December 2006 (meeting of 13 December), the European
Economic and Social Committee adopted the following opinion with 140 votes in favour, nem. con. and
two abstentions.

1. Conclusions

1.1
The European Economic and Social Committee welcomes
the proposal to amend Regulation No 1408/71 and hopes that
this will be one of the last amendments (if not the last) on
which it must issue an opinion. The result would be that Regu-
lation No 883/2004 would enter fully into force, as the Euro-
pean Parliament and the Council would have approved the new
Implementing Regulation which is due to replace Regulation No
574/72.

2.3
The most substantial change to the coordination of
social security schemes in the EU Member States was made by
Regulation 883/2004 (1) of the European Parliament and of the
Council. This Regulation, replacing Regulation No 1408/71, has
not yet been implemented, pending adoption of the regulation
which is to replace the current Regulation No 574/72. The legis-
lative procedure is already under way for the proposal for a
implementing Regulation No
Regulation on the rules
883/2004 (2), on which the EESC recently
adopted an
opinion (3).

for

The EESC delivered an opinion (4) on the proposal for a

2.4
Regulation on the coordination of social security schemes.

1.2
The European Economic and Social Committee therefore
calls on the Member States and the Parliament to streamline the
procedure for the new Regulation, in order to make it more effi-
cient than the adoption procedure for Regulation No 883/2004.
This would be the greatest contribution that the EU institutions
could make during the European Year of Workers' Mobility.

3. Content of the proposal

2. Introduction

Since their entry into force, Regulations 1408/71 and
2.1
574/72 on the application of
to
employed persons, to self-employed persons and to members of
their families moving within the Community have been succes-
in
sively amended to take account of
Member States and the various rulings on social security by the
Court of Justice.

legislative changes

security schemes

social

2.2
These amendments ensure that the coordination of social
security schemes at EU level is up to date, so that European citi-
zens moving within the EU's borders do not see their social
security rights infringed when exercising the fundamental EU
right of freedom of movement and residence.

3.1
The proposal submitted for the EESC's consideration
aims to update the annexes of Regulation No 1408/71 in order
to reflect the changes that various countries have made to their
social security legislation, and thus to make it easier to imple-
ment EU legislation for the coordination of social security
schemes.

On this occasion, and in the text proposed by the
to Regulation No 574/72 is

3.2
Commission, no amendment
proposed.

3.3
In order to simplify the working document, the proposed
amendments will be described in the Specific Comments
section, owing to their diversity.

(1) OJ L 166, 30.4.2004.
(2) COM (2006) 16 final.
(3) Cf. EESC Opinion on the Proposal for a Regulation of the European
Parliament and of the Council laying down the procedure for imple-
menting Regulation (EC) No 883/2004 on the coordination of social
security systems (Rapporteur: Mr Greif), CESE 1371/2006.
(4) OJ C 75, 15.02.00. Rapporteur: Mr Rodríguez García-Caro.

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4. General comments

4.1
Overall, the EESC welcomes the proposal, as the changes
are the result of the Member States' wish to legislate on the
matter. Any change to the coordination of social security
schemes in the EU will always be well received if it benefits EU
citizens and simplifies and improves their relations with the
various authorities responsible for upholding their rights.

4.2
Although the Implementing regulation for Regulation No
883/2004 is in the process of being approved, the EESC believes
that the general comments that it made in its opinion on other
partial amendments
to Regulations 1408/71 and 574/72
(adopted by the EESC at its plenary session on 28 and 29
September 2005) (5) are still relevant and should be taken into
consideration, as they remain perfectly valid.

for a Regulation of

the European Parliament and of

4.3
The proposed amendment under consideration is entitled
the
Proposal
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.

Article 1 of the proposal explains that various annexes
4.4
of Regulation 1408/71 are amended, but no reference is made
to Regulation No 574/72. The EESC therefore proposes that the
title of the proposal be brought into line with its content and
the reference to Regulation No 574/72 removed.

5. Specific comments

Article 1 of the proposal amends annexes I, IIa, III, IV

5.1
and VI of the Regulation.

5.2
In order to take account of the changes to the laws on
social security and contributions in Sweden, amendments are
made to Annex I, Part I, which defines the terms ‘employed
persons’ and ‘self-employed persons’.

5.3
Owing to the changes brought by the new law on sick-
ness insurance in the Netherlands, amendments are made to
Annex I, Part II, referring to the personal scope of the regulation
as regards the meaning of the term ‘member of the family’,
which in this case includes spouses, registered partners and chil-
dren under 18 years of age.

(5) OJ C 24, 31.1.2006. Rapporteur: Mr Rodríguez García-Caro.

As a result of the various legislative changes made to the
5.4
laws on social pensions in Lithuania and Slovakia, amendments
are made to Annex IIa on special non-contributory benefits. In
the case of Lithuania, the annex is modified to take account of
changes in national legislation, while in the case of Slovakia, the
legislation is adjusted and the allowance is only maintained for
those previously entitled to it.

Amendments are made to Annex III, Part A, concerning
5.5
provisions for social security agreements that continue to apply,
removing the reference made in point 187 on the General
Convention between Italy and the Netherlands.

5.6
Amendments are made to Annex IV, Part A on the laws
referred to in Article 37(1) of the Regulation under which the
amount of invalidity benefits is independent of the length of
periods of insurance. The content of the Slovak Republic section
in Part A is amended, as a result of inclusion in national legisla-
tion.

5.7
Due to changes in Spanish legislation, amendments are
made to Annex IV, Part B, which refers to special schemes for
self-employed persons to which special provisions on the aggre-
gation of insurance periods completed in another Member State
apply.

5.8
Annex IV, Part C is amended in relation to Slovakia and
Sweden. This annex mentions the cases in which a double calcu-
lation of the benefit can be waived due to the results being the
same. As regards Slovakia, the amendment mentions the survi-
vor's pension; as regards Sweden, it mentions the calculation of
the minimum guaranteed pension depending on periods of resi-
dence in the country.

5.9
Due to changes to the law in Sweden, updates are made
to Annex IV, Part D, regarding benefits and agreements on the
accumulation of benefits of the same type to which persons
may be entitled under legislation of two or more States. The
bilateral agreement between Finland and Luxembourg is also
added.

5.10
Amendments are also made to Annex VI, which sets
out particular methods for applying the legislation of certain
Member States. Changes are made to the points concerning the
following Member States:

— Estonia, adding rules for calculating parental benefit;

— the Netherlands, taking account of the entry into force of

the new health care reform implemented this year;

— Finland, reflecting the reform of the Finnish employment

pension legislation;

— Sweden, reflecting the new legislation regarding coverage
security legislation and pension

under Swedish social
reform.

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ence between the
FINLAND’ mentioned in point 4.10 of this opinion.

two annexes,

concerning Section ‘W.

5.14
In point 6.c).1 of the annex to the proposal for a Regu-
lation amending Regulation No 1408/71,
the following is
‘… where an individual has pension insurance periods
stated:
based on employment in another Member State …’. Meanwhile,
Section ‘W. FINLAND’ of Annex XI to the proposal for a Regu-
lation amending Regulation No 883/2004 states that: ‘… where
an individual has pension insurance periods based on activity as
an employed or self-employed person in another Member State
…’.

5.15
The EESC believes that, as the same situation is being
dealt with, the wording should be the same and the two texts
harmonised.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

The changes made to the various annexes to Regulation
5.11
No 1408/71 derive essentially from the legislative changes
implemented in various Member States. Any change that brings
improvements to the benefits received by EU citizens will be
welcomed by the European Economic and Social Committee.

5.12
However, the EESC points out that having a multitude
of annexes and specific cases in Regulations 1408/71 and
883/2004 is not the best way to simplify the provisions for
coordinating social security schemes. Improvement and simplifi-
cation were the objectives for Regulation No 883/2004, and the
Committee believes that work should continue along these lines.

5.13
The Commission presented a proposal for a Regulation
amending Regulation No 883/2004 in order to set down the
content of Annex XI (6). This annex corresponds to Annex VI of
Regulation No 1408/71. The EESC notes that there is a differ-

Brussels, 13 December 2006.

(6) COM(2006) 7 final, SOC/238. EESC opinion in progress. Rapporteur:

Mr Greif.