Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the 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 amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2009-06-05
Institutions: European Commission
Subjects: EU law, free movement of persons, proposal (EU), social security, social security legislation, social-security harmonisation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.6.2009 
COM(2009) 264 final 

2006/0006 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
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  

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2006/0006 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
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  

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  eight  amendments  adopted  by 
Parliament. 

2. 

BACKGROUND 

Date  of  transmission  of  the  proposal  to  the  EP  and  the  Council 
(document COM (2006)16 final — 2006/0006(COD): 

31 January 2006 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

26 October 2006 

Date of the opinion of the European Parliament, first reading: 

9 July 2008 

Date of transmission of the amended proposal: 

15 October 2008 

Date of adoption of the common position: 

17 December 2008 

Date of adoption of Commission's communication: 

7 January 2009 

Date of the opinion of the European Parliament, second reading: 

22 April 2009 

3. 

PURPOSE OF THE PROPOSAL 

The objective of the proposal is to complete the process of modernising the existing rules on 
coordination  of  social  security  systems,  thereby  replacing  the  current  implementing 
Regulation1.  

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Council  Regulation  (EEC)  No  574/72  of  21  March  197  laying  down  the  procedure  for  implementing 
Regulation  No  1408/71  on  the  application  of  social  security  schemes  to  employed  persons,  to  self-
employed persons and to their families moving within the Community, OJ L 74, 27.3.1972, p.1. 

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It  aims  to  define,  for  the  parties  involved,  (insured  persons,  their  employers,  social  security 
institutions  and  the  competent  authorities  of  the  Member  States)  the  procedures  for 
implementing the rules set out in the basic Regulation (EC) No 883/20042. The proposal aims 
to  simplify  and  clarify  current  procedures.  The  proposal  also  clarifies  the  rights  and 
obligations  of  the  various  parties.  The  new  rules  will  enhance  cooperation  between 
institutions  and  promote  transparency  and  mutual  trust.  This  enhanced  cooperation  is 
supported  through  a  new  system  of  electronic  data  exchange  between  the  Member  States, 
which improves efficiency and accuracy. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission accepts all 8 amendments adopted by Parliament. The 8 amendments were 
agreed following informal contacts between Parliament and Council with a view to a second 
reading agreement. The amendments are of a technical nature, aiming in particular to ensure 
that  the  persons  concerned  receive  a  timely  answer  to  their  requests  from  the  competent 
institution and appropriate information, including guidance on administrative procedures. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

2 

OJ L166, 30.4.2004, corrected version in OJ L 200, 7.6.2004, p.1. 

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