Amended proposal for a Regulation of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems
Date: 2008-10-14
Institutions: European Commission
Subjects: EU Member State, application of EU law, social-security benefit, social-security harmonisation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.10.2008 
COM(2008) 647 final 

2006/0006 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down the procedure for implementing Regulation (EC) No 883/2004 on the 
coordination of social security systems 

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

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2006/006 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down the procedure for implementing Regulation (EC) No 883/2004 on the 
coordination of social security systems 

(Text with EEA relevance) 

1. 

STAGE OF PROCEDURES 

The proposal – COM (2006)16 – 2006/0006(COD) was adopted by the Commission 
on 31 January 2006 and sent to Parliament and the Council on 31 January 2006. 

The  European  Economic  and  Social  Committee  adopted  an  opinion  on  the 
Commission proposal on 26 October 2006. 

Parliament adopted 162 amendments at the first reading on 9 July 2008. 

2. 

OBJECTIVE OF THE PROPOSAL 

The objective of the proposal is to define the procedures for implementing the rules 
set  out  in  Regulation  (EC)  No 883/2004  for  all  parties  involved.  The  proposal 
completes  the  modernisation  work  performed  by  the  Regulation  and  seeks  to 
improve  current  procedures  by  simplifying  them  and  clarifying  the  existing 
provisions  in  many  areas.  The  proposal  also  aims  to  draw  lessons  from  enhanced 
cooperation between the institutions as referred to in Regulation (EC) No 883/2004 
(e.g. electronic data exchange between the Member States). 

3. 

OBJECTIVE OF THE AMENDED PROPOSAL 

The  amended  proposal  adapts  the  original  proposal  on  a  number  of  points  as 
suggested  by  Parliament.  The  Commission  can  accept  the  vast  majority  of  the 
amendments (159 out of 162) as they are in line with the objectives of its proposal. 
These  amendments  relate  to  procedures  for  implementing  Regulation  (EC) 
No 883/2004  and  generally  aim  to  ensure  that  social  security  benefits  are  granted 
quickly  and  efficiently  to  EU  citizens  (cutting  red  tape).  Given  the  wide  range  of 
social security systems across the Union, there is more than one way to achieve the 
goal  and  allow  the  Commission  to  follow  the  co-legislature  when  they  identify  the 
most effective procedure for the benefit of all stakeholders.  

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4. 

OBSERVATIONS ON THE AMENDMENTS ADOPTED BY THE EUROPEAN PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission can accept Amendments 1-14, 16-25, 27-54 and 56-162.  

Many  of  these  amendments  are  identical  or  similar  to  the  changes  made  by  the 
Council  as  a  result  of  the  work  of  the  Council  Working  Group  on  Social  Security. 
The  Commission  considered  these  in  detail  during  the  negotiations  in  the  Council 
Working Group and can accept them.  

Other amendments are of a linguistic nature or spell out the procedure more clearly. 

4.2. 

Amendments which the Commission can accept in part or subject to rewording 

Amendment 15 

This amendment reflects the opinion of the European Data Protection Supervisor and 
changes agreed by the Council. It focuses on the exchange of personal data between 
national  administrations  and  the  protection  of  such  data  in  so  far  as  they  relate  to 
social  security  benefits.  The  amendment  introduces  a  reference  into  Directive 
95/46/EC  on  processing  of  personal  data  and  affects  the  content  of  Annex  IV  to 
Regulation  (EC)  No 883/2004  (subparagraph 4).  This  may  interfere  with  the 
competence  and  internal  organisation  of  the  Member  States  in  this  area,  which  are 
already covered  by  Directive  95/46/EC. The Commission can  accept  the remainder 
of the amendment (subparagraphs 1-3). 

4.3. 

Amendments which the Commission cannot accept 

The Commission cannot accept Amendment 26 or 55. 

Amendment 26 

The  purpose  of  Amendment  26  is  to  clarify  the  provisions  on  reimbursement  of 
benefits paid provisionally in cash and in kind by the competent institution. The new 
Council  wording  of  the  first  subparagraph  of Article 6(4),  negotiated as part of the 
partial  general  approach,  is  more  accurate.  It  reflects  the  progress  made  by  the 
Council  Working  Party  on  Social  Security  specifically  in  Chapter  III,  Title  IV 
(Financial provisions). 

Amendment 55 

According to Amendment 55, a certificate determining the legislation applicable (e.g. 
in cases of posting) will always be issued to the person concerned and will indicate 
the wages stated by the employer. This amendment goes further than the information 
needed for social security purposes in cases of posting (determination of legislation 
applicable) and the objectives of the Regulation.  

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5. 

AMENDED PROPOSAL 

Having  regard  to  Article  250(2)  of  the  EC  Treaty,  the  Commission  amends  its 
proposal as indicated above. 

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