CELEX: 51980PC0554
Language: en
Date: 1980-10-02
Title: PROPOSAL FOR A DECISION OF THE COUNCIL concerning common action within the framework of the International Labour Organization (Presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 554
Vol. 1980/0180
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM ( 80 ) 554 final
                                                         Brussels . 2n<* October 1980
                             PROPOSAL FOR A DECISION OP THE COUNCIL
              concerning common action within the framework of
                             the International Labour Organization
                                      by the Commission to the Council )
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 ---pagebreak---                            EXPLANATORY MEMORANDUM
1.     In conjunction with the Council of Europe , the International Labour
OtTice has drafted a European Agreement concerning the Provision of
Nodical Care to Persons during Temporary Stay . Any European State
that is a. member of the ILO may accede to the Agreement .
1.':c preparation and drafting of the text by international experts
has virtually been completed . . A Governmental Conference will be held
in Geneva from 14-18 October 1980 . At the conclusion of the Conference
the States conoerned will sign the Agreement . Subsequently , the
Agreement will have to be ratified by the signatory States .
The purpose of the Agreement is to guarantee the provision of medical
care to persons during temporary residence , in particular to tourists ,
students, trainees and persons on business trips whose condition
requires such care in a country other than the one in which they are .
entitled to sooial security protection in the event of sickness ,
maternity or aocident .
2.     The Regulations made in pursuance of Article 51 of the EEC Treaty
also make provision for the granting of medical treatment in the case
of temporary residence ( EEC Council Regulations Nos 1408/71 and 574/72 ).
The European Agreement , however , goes a step further , as under the terms
of Article 2 thereof :
   - it covers all insured persons and not solely employed persons :
                    «        •           "
   - it does not lay down a nationality condition;
   – it applies to all the European States that belong to the ILO .
3 . . In respect of nationals of the Member States who work as employed
persons , as well as the members of their families , who move within the
Community , the Agreement cannot replace the aforementioned Community
 ---pagebreak--- Regulations since sole Article 51 of the EEC Treaty confers sole
 jurisdiction on the Community in respect of these persons .
The same applies to the .Agreements that the Community has oonoluded
with certain European States ( Turkey , Portugal, Yugoslavia), which
include provisions on social security , in particular the provision of
medical care to persons during temporary residence .
4.     Article 3 of the Agreement provides that the Agreement replaces
only such social seourity Conventions as are mentioned in Annex II to
the Agreement "by mutual agreement between the contracting parties .
Bearing this in mind , the Member States must ensure that provisions
made , in pursuance of the EEC Treaty are not mentioned in Annex II to
the Agreement .
                                                    /
For the implementation of this common aotion , the Commission proposes that ,
in accordance with Article 116 of the EEC Treaty , the Council adopt a
decision .
 ---pagebreak---                                 Proposal for a
                               COUNCIL DECISION
            concerning common action within the framework of
                   the International Labour Organization
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 51 and 116 thereof ;
                                                            . ι
Having regard to the proposal from the Commission;
Whereas Article 51 of the Treaty provides that the Council shall adopt such
measures in the field of social security as are necessary to provide freedom
of movement for workers; whereas pursuant to this Article the Council has
adopted Regulation ( EEC ) No 1408 /71 of 14 June 1971 on the application of
social security schemes to employed persons and their families moving
                      1    . _    ...    .   » .. – , , – 2
within the Community and Regulation ( EEC ) No 574 / 72 on the procedure for   '
implementing the preceding Regulation;
Whereas , moreover , the Community has concluded agreements with a number of
European States laying down social security provisions for workers who are
nationals of those States and who move within the Community ;         ^ .
Whereas the European Agreement concerning the Provision of Medical Care
to Persons during Temporary Residence, which , has been drafted by the
International Labour Office and to which all European States which are
members of the International Labour Organization may accede, covers ,
inter alia , the persons and matters referred to in Article 51 of the EEC    '
Treaty and the agreements concluded by the Community with European
non-member countries ;
Whereas , however , under Article 3 of the European Agreement concerning
the Provision of Medical Care to Persons during Temporary Residence , that
 0J No L 149, 5.7.1971 , p . 2 .
20J No L 74, 27.3.1972, p. 1 .
 ---pagebreak--- Agreement replaces the corresponding provisions of any social security
Convention only if such provisions are mentioned in Annex II to the Agreement
by mutual agreement between the contracting parties concerned ;
Whereas the replacement of the Community provisions referred to by the
Agreement should be avoided; whereas consequently the Member States should
see that such provisions are not mentioned in Annex II of the Agreement ;
HAS DECIDED AS FOLLOWS :
                               Sole Article
1 . When Annex II to the European Agreement concerning the Provision of
    Medical Care to Persons during Temporary Residence is being drafted ,
    the Member States shall ensure that Mie provisions adopted in oursuance
    of the EEC Treaty in this field are not mentioned in the said Annex .
2 . When signing the Agreement , each Member State shall declare that the
    Agreement cannot be applied in its dealings with the other Member
    States of the Community .
Done at Brussels                                For trie Counci l