CELEX: 51980PC0312
Language: en
Date: 1980-06-10
Title: Proposal for a Council Regulation amending, for the benefit of unemployed workers, Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community

No C 169/22                               Official Journal of the European Communities                                      9.7.80
               4. A description of the measures envisaged to eliminate, reduce or compensate adverse effects on the
                  environment
               5. The description of the relationship between the proposed project and existing environmental and
                  land-use plans and standards for the areas likely to be affected
               6. An explanation of the reasons for the choice of the site and design of the proposed project in
                  preference to the other reasonable alternatives, having regard, in particular, to the technical and
                  economic characteristics of the main and associated project and to the characteristics of the
                  environment likely to be affected
               7. A non-technical summary of abovementioned headings
               Proposal for a Council Regulation amending, for the benefit of unemployed workers,
               Regulation (EEC) No 1408/71 on the application of social security schemes to employed
                                   persons and their families moving within the Community
                                (Submitted by the Commission to the Council on 18 June 1980)
THE COUNCIL OF THK EUROPEAN                                           Whereas certain shortcomings in the Community
COMMUNITIES,                                                           rules concerned have emerged during implementation
                                                                       of Regulation (EEC) No 1408/71; whereas there are
                                                                      therefore grounds for improving the rights of migrant
Having regard to the Treaty establishing the                           workers;
European Economic Community, and in particular
Articles 2, 7 and 51 thereof,
                                                                      Whereas the provisions of Regulation (EEC)
                                                                       No 1408/71 on the granting of unemployment
Having regard to Regulation (EEC) No 1408/71 of
                                                                       benefits were adopted at a time when there was full
the Council of 14 June 1971 on the application of
                                                                       employment; whereas these provisions are no longer
social security schemes to employed persons and their
                                                                       suited to current labour market conditions in the
families moving within the Community (') as last
                                                                       Community;
amended by Regulation (EEC) No 1517/79 (2),
Having regard to the proposal from the Commission                     Whereas, in particular, account should be taken of
made after consultation with the Administrative                        the various measures taken in the Member States to
Commission on Social Security for Migrant Workers,                     induce elderly workers to make way for younger
                                                                       workers or to refrain from                 requesting the
                                                                       employment services to help them in finding work, by
Having regard to the opinion of the European Par-                      providing them with a specific guaranteed income
liament,                                                               level until they reach retirement age;
Having regard to the opinion of the Economic and                       Whereas the granting of these benefits, in accordance
Social Committee,                                                      with their objective and unlike normal unemployment
                                                                       benefits, is not subject to the condition that the
                                                                       beneficiary remain available to the employment
                                                                       services; whereas the condition of residence that may
(') O J N o L 149, 5. 7. 1971, p. 2.                                   be linked to the payments of these benefits should
O OJ No L 185, 21. 7. 1979, p. 1.                                      therefore be abolished for the beneficiaries; whereas
 ---pagebreak--- 9.7. 80                          Official journal of the European Communities                              N o C 169/23
for this purpose the export of benefits should be              1. In Article 1
guaranteed for workers already receiving such
benefits in the territory of the competent State who              (a) the last subparagraph of (j) shall be replaced
transfer their place of residence to the territory of                 by the following:
another Member State; whereas there are grounds for                   'The provisions of the preceding subpara-
extending the payments of these benefits also to                      graph shall not have the effect of exempting
wholly unemployed frontier workers and other                          from the application of this Regulation
wholly unemployed persons who reside in the
 territory of a Member State other than the competent                 — the schemes to which Regulation No 3
 State;                                                                    applied;
Whereas account should be taken of the fact that the                  — agreements         relating  to  "pre-retirement
opportunities for finding a new job within a                               benefits".'
 reasonable period of time have diminished sub-
stantially; whereas therefore, workers who have                   (b) The following subparagraph shall be added
become unemployed in a Member State should be                         after (v):
given the opportunity of transferring their place of
                                                                      '(w) "pre-retirement benefit" means any cash
 residence to a Member State with which they have
                                                                            benefit other than an early retirement
 closer ties without forfeiting their entitlement to
                                                                            benefit provided to wholly unemployed
 unemployment benefits;
                                                                            workers from a specified age until the
Whereas the persons concerned would thus be                                  age at which they qualify for an old-age
 available on the labour market of the Member State                          pension      or     an   unreduced     early
 to which they have transferred their place of                               retirement pension, the receipt of which
 residence under the supervision of the employment                           is not conditional upon the person
 services of the said Member State; whereas in these                         concerned being available to the
 cases provision should be made for the payment of                           employment services of the competent
 the unemployment benefits provided for by the                               State.'
 legislation of the said Member State as if they had
 been subject thereto during their last employment;
 whereas there are nevertheless good grounds for
 expecting the Member State in which these workers             2. In Article 25
 have been insured to cover the cost of these benefits
 for a certain period;                                            (a) the title shall be replaced by the following:
 Whereas sickness insurance benefits and family                       'Unemployed persons, pre-retirement            pen-
 benefits should be paid to beneficiaries of a pre-                   sioners and members of their families'
 retirement benefit and to unemployed persons who
 have transferred their place of residence under the              (b) in paragraph 1, the words 'the second
 conditions set out above;                                            sentence of shall be deleted between 'Article
                                                                      69 (1) and' and 'of Article 71 (1) (b) (ii)'
 Whereas, moreover, the experience gained in the
 implementation of the provisions currently in force
                                                                  (c) The following paragraph shall be added after
  has shown up the need for certain improvements and'
                                                                      paragraph 4:
 amendments of a more technical nature; whereas,
 consequently, there are also grounds for amending                     '(5) (a) The provisions of paragraph 1 shall
 Annex V to Regulation (EEC) No 1408/71;                                         apply mutatis mutandis to workers
                                                                                 referred to in Article 71a (1).
 Whereas account should be taken in this Annex of a
  new provision in Danish legislation introducing an                             However, the length of the period
  early retirement benefit which is granted on condition                         during which benefits in kind are
  that the person concerned remains available on the                             provided shall be governed by the
  national labour market,                                                         legislation of the competent State.
                                                                             (b) The provisions of paragraph 2 shall
                                                                                  apply mutatis mutandis to the
                                                                                  workers referred to in Article 69a (1)
  HAS ADOPTED THIS REGULATION:                                                    and Article 71a (2) (a).
                                                                             (c) The provisions of paragraph 3 shall
                          Article 1                                               apply mutatis mutandis to the
                                                                                  members of the family of the
  Regulation    No   1408/71     is hereby    amended   as                        workers referred to in Article 69a
  follows:                                                                        and Article 71a'.
 ---pagebreak--- N o C 169/24                                 Official Journal of the European Communities                                  9.7. 80
  3. Article 44 (3) shall be replaced by the following:                              under paragraph 1 (c). In exceptional
                                                                                     cases, this time limit may be extended by
     '(3)      This Chapter shall apply
                                                                                     the competent services or institutions;
     (a) neither to pre-retirement benefits
                                                                                (b) or, subject to the provisions of Annex V,
     (b) nor to increases or supplements to pensions in                              after the expiry of this period but before
           respect of children or orphans' pensions                                  the expiry of the period during which,
           granted pursuant to Chapter 8'.                                           under the legislation of that Member
                                                                                     State, the worker may leave the territory
                                                                                     of the said State without thereby
 4. The title of Chapter 6 of Title III shall be                                    forfeiting his right to benefits.'
     replaced by 'UNEMPLOYMENT AND PRE-
     RETIREMENT.                                                         (c) Paragraph        4    shall be   replaced    by   the
                                                                               following:
 5. In the first line of Article 67 (3), the words                             '(4)      For the purpose of applying this
                                                                               Article to a worker who has become entitled
     'Article 69a and' shall be inserted between
                                                                               to benefits under the legislation of the
     'referred to in' and 'Article 71 (1) (a) (ii)'.
                                                                               Member State in whose territory he resides,
                                                                               in accordance with Article 71 (l)(ii) or (b)(ii),
 6. Article 68 (1) shall be replaced by the following:                         that Member State, its employment services
                                                                               and its competent institution shall be
     '(1)      The competent institution of a Member                           regarded as the competent State, the
     State whose legislation provides that the calcu-                          competent services and the competent
     lation of benefits should be based on the amount                          institution, respectively.'
     of the previous wage or salary shall take into
     account exclusively the wage or salary received                  8. The following Article shall be inserted             after
     by the person concerned in respect of his last                      Article 69:
     employment immediately prior to the material-
     ization of the risk under the legislation it                         'Article 69a
     administers. The institution providing the benefits
     in accordance with Article 71 (1) (a) (ii) and                      Rules applying to workers transferring their residence to
                                                                         a Member State other than the one where they pursued
     (b)(ii) shall take into account the salary received                 their last employment — Conditions and limits for
     by the person concerned, on the same conditions,                    entitlement to benefits
     under the legislation of the competent State.
     However, if the person concerned had been in his                    (1)       Fully unemployed workers who during
     last employment under that legislation for less                     their last employment resided in the territory of
     than four weeks, the benefits shall be calculated                   the competent State and who transfer their place
     on the basis of the normal wage or salary                           of residence to the territory of another Member
     corresponding,         in the       place     where    the          State and place themselves at the disposal of the
     unemployed person is residing or staying, to                        employment services of the other Member State:
     employment equivalent or similar to his last
                                                                             (i) where he or his spouse resided for a period
     employment under the legislation of an other
                                                                                  of not less than 15 years or
     Member State.'
                                                                           (ii) where his spouse pursued an occupation or
                                                                                  resided for a period of not less than six
 7. In Article 69                                                                 months or
     (a) The title shall be replaced by the following:                   (iii)    where, if he is unmarried, his direct
                                                                                  ascendants resided for a period of not less
          'Rules applying to unemployed persons going                             than 1 year
          temporarily to a Member State other than the
           competent State — Conditions and limits for the               shall receive benefits as if he had been subject to
           retention of the rights to benefits'                          the legislation of the latter Member State during
     (b) Paragraph        2   shall   be    replaced    by  the          his last employment.
           following:                                                    (2)       For as long as he is receiving benefits
           '(2)    The unemployed person shall continue                  under Article 69, the person concerned may not
           to be entitled to benefits under the legislation              claim benefits under paragraph 1.'
           of the competent State provided that he
           returns to the territory of that State                     9. In Article 70
           (a) either before the expiry of the period                    (a) the following paragraph shall be inserted
                during which he is entitled to benefits                         after paragraph 1:
 ---pagebreak--- 9.7.80                          Official Journal of the European Communities                                 N o C 169/25
        '(2)     In the cases referred to in Article 69a,                    (ii) a frontier worker who is wholly
        benefits shall be provided by the institution of                          unemployed shall receive benefits in
        a Member State to whose territory the                                     accordance with the legislation of the
        unemployed person has transferred his                                     Member State in whose territory he
        residence, in accordance with the provisions                              resides as though he has been subject
        of the legislation it administers. When the                               to    that     legislation   while    last
        person concerned has, for the same case of                                employed; the institution of the place
        unemployment, become entitled to the                                      of residence shall provide such
        benefits provided for by the legislation of the                           benefits at it own expense;
        competent State, the institution of the                        (b) (i) a worker, other than a frontier
        Member State to whose territory he has                                    worker, who is unemployed but not
        transferred his place of residence shall take                             wholly unemployed and who remains
        this period of benefit payment into account as                            available to his employer or to the
        if such benefits were granted under the                                   employment services in the territory
        legislation which it administers.                                         of the competent State shall receive
        The institution of the competent State to                                 benefits in accordance with the
        whose legislation the person concerned was                                legislation of that State as if he were
        subject before transferring his place of                                  residing in its territory; these benefits
        residence shall be obliged to reimburse the                               shall be provided by the competent
        benefits provided in accordance with the                                  institution.
        preceding subparagraph during the period in                          (ii) a worker, other than a frontier
        which he would have been entitled to benefits                             worker, who is wholly unemployed
        if he had remained in the territory of that                               and who makes himself available for
        State. The duration of such reimbursement,                                work to the employment services in
        however, shall be limited to six months from                              the territory of the Member State in
        the day on which the person concerned left                                which he resides, or who returns to
        the territory of the competent State.'                                    that territory, shall receive benefits in
                                                                                  accordance with the legislation of the
    (b) Paragraph       2 shall  be   renumbered    para-
                                                                                  said State as though he had been
        graph 3.
                                                                                  subject to that legislation during his
    (c) The following subparagraph shall be added to                              last employment; the institution of
        the new paragraph 3:                                                      the place of residence shall provide
                                                                                  such benefits at its own expense.
        'The reimbursements referred to in paragraph                              Where, however, in respect of the
        2 shall be- made in accordance with the                                   same case of unemployment, such
        procedure laid down by the implementing                                   worker has become entitled to
        regulation referred to in Article 97 to the                               benefits at the expense of the
        amount provided for by the legislation of the                             competent institution of the Member
        competent Member State up to a maximum                                    State to whose legislation he was last
        of 85 % of the actual amount of the benefits.'                            subject, the institution of the place of
    (d) The original paragraph 3 shall be renumbered                              residence shall take that period of
        paragraph 4.                                                              benefit payments into account as if
                                                                                  such benefits were granted under the
10. In Article 71                                                                 legislation which it administers.'
    (a) paragraph       1 shall  be    replaced  by   the         (b) The following paragraph shall be added after
        following:                                                     paragraph 2:
                                                                       '(3)      For the purpose of applying the
        '(1)     An unemployed person who, during                      preceding paragraphs "wholly unemployed"
        his last employment, was residing in the                       refers to the position of a worker whose
         territory of a Member State other than the                     contract of employment has ended.'
         competent State, shall receive benefits in
         accordance with the following provisions:            11. After Section 3:
         (a) (i) a frontier worker who is unemployed              (a) the following section shall be inserted:
                  but who is not wholly unemployed in                                        'Section 4
                  the undertaking which employs him                                        Pre-retirement'
                  shall receive benefits in accordance             (b) the following Article shall be inserted under
                  with the legislation of the competent                 the new Section 4:
                   State as if he were residing in the
                                                                         'Article 71a
                  territory of that State; these benefits
                  shall be provided by the competent                    'Rules relating to the granting of pre-retirement
                   institution;                                         benefits to unemployed persons transferring their
 ---pagebreak--- No C 169/26                             Official Journal of the European Communities                                 9.7.80
      residence to a Member State other than the country                   by the legislation of the competent State. The
      in which they were last employed and to                              procedure for such checks shall be laid down
      unemployed persons who, in the course of their last                  by the regulation referred to in Article 97.'
      employment resided in a Member State other than
      the competent State.
                                                                12. The following paragraph shall be added to Article
      (1)      A wholly unemployed worker who                        74:
      resides in a Member State and receives a pre-
      retirement benefit under the legislation of                    '(3)     The      provisions     of   the   preceding
      that State shall retain the right to such benefit              paragraphs shall apply mutatis mutandis to
      if he transfers his place of residence to the                  persons receiving a pre-retirement benefit.'
      territory of another Member State.
                                                                13. In Annex V:
      (2) (a) Notwithstanding the provisions of
                 Article 71(l)(a)(ii) and (b)(ii), a                 1. In point 'A. BELGIUM',              the  following
                 worker     who       during     his   last              paragraph shall be added
                 employment resided in the territory                     after paragraph 4:
                 of a Member State other than the
                 competent State shall qualify for the                   '5. In the cases referred to in Article 69(2)(b),
                 pre-retirement benefits provided for                         the unemployed person shall recover the
                 by the legislation of the latter State as                    right to unemployment benefits only after
                 though he resided there;                                     having worked for not less than three
                                                                              months after returning to Belgium.'
            (b) The institution of the place of
                 residence of such worker shall                      2. In point 'B. DENMARK', the following
                 reimburse     that     benefit   to   the               paragraph shall be added after paragraph 11:
                 competent institution up to the
                 amount of the unemployment benefits                     '12. The early retirement pension provided for
                 that it would have had to pay to the                          by Danish legislation, which is granted by
                 person concerned in accordance with                           way of derogation from the conditions
                 Article 71(l)(a)(ii) or (l)(b)(ii) if he                      governing age because of unemployment
                 had made himself available for work                           or a similar lack of opportunity to engage
                 to the employment services of the                             in employment to workers between 55
                 place of residence;                                           and 60 years of age, shall not be due
                                                                               where the person concerned does not
            (c) The reimbursements referred to in (b)                          reside in the territory of Denmark.'
                 shall be determined and made by
                 common assent between the Member                    3. In point 'C. GERMANY', the following
                 States concerned or the competent                       paragraph shall be added after paragraph 10:
                 authorities of these States. These
                 States or their competent authorities                   '11. In the case referred to in Article 69(2)(b),
                 may     waive      all    reimbursements                      the unemployed person shall recover the
                 between the institutions coming                               right to unemployed benefits only after
                 under their jurisdiction;                                     having worked for not less than three
                                                                               months after returning to Germany.'
            (d) The        obligation         to     make
                 reimbursements shall lapse if the                                         Article 2
                 worker referred to in (a) transfers his
                 place of residence to             another      This Regulation shall enter into force on the first day
                 Member State.                                  of the third month following publication in the
      (3)      At the request of the competent                  Official Journal of the European Communities of the
      institution, the institution of the place of              Regulation amending Regulation (EEC) No 574/72
       residence shall carry out or have carried out            fixing the procedure for implementing this Regu-
       any checks necessary to ascertain whether the            lation.
       beneficiary of the pre-retirement benefit still
       satisfies    the conditions governing            the     This Regulation shall be binding in its entirety and
       retention of the right to benefits provided for          directly applicable in all Member States.