2006/0008(COD) | [ParlTrack]

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2006/0008(COD) Coordination of social security systems: amending Annexes

Role	Committee	Rapporteur	Shadows
Lead	EMPL	CREMERS Jan (PSE)
Lead	EMPL	BOZKURT Emine (PSE)

Lead committee dossier: EMPL/6/71622
Legal Basis EC Treaty (after Amsterdam) EC 042, EC Treaty (after Amsterdam) EC 308

Subjects

Links

Activites

2009/10/30 Final act published in Official Journal
- Regulation 2009/988
- OJ L 284 30.10.2009, p. 0043
2009/09/16 Final act signed
2009/09/16 End of procedure in Parliament
#2957
2009/07/27 Council Meeting
2009/04/22 Results of vote in Parliament
- Results of vote in Parliament
- T6-0222/2009 summary
  
  The European Parliament adopted by 633 votes to 13, with 18 abstentions, a legislative resolution modifying, under the second reading of the codecision procedure, the Council’s common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its annexes.All the amendments relate to Annex III of the regulation, which contains a list of Member States which apply the “restriction of rights to benefits in kind for members of the family of frontier workers” in the competent Member State . Given that the Council is unwilling to repeal Annex III, as called for by the Parliament, but instead proposes a review of this Annex no later than 5 years from the date of entry into force of the regulation, the Parliament feels that it should be made clear that, in principle, the aim of this revision is to have Annex III repealed (unless there are compelling reasons to do otherwise).The possible repeal of Annex III should be based on the results of an impact assessment to be carried out five years after the entry into force of the regulation. That assessment should specify the significance, frequency, scale and costs, both in absolute and in relative terms, of the application of the provisions of Annex III and the effect of their possible repeal for those Member States which will still be listed in that Annex.
2009/04/02 Committee recommendation tabled for plenary, 2nd reading
- A6-0207/2009
2009/03/31 Vote in committee, 2nd reading
2009/01/15 Committee referral announced in Parliament, 2nd reading
2008/12/17 Council position published
- 14518/1/2008 summary
  
  The Council unanimously adopted its common position with a view to the adoption by the European Parliament and the Council of a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the contents of its annexes. This common position incorporates, as desired by the European Parliament following an agreement concluded with the Council on this issue, the content of a parallel proposal (which is now obsolete) also aiming to amend the annexes to Regulation (EC) No 883/2004 on the coordination of social security systems (former procedure COD/2007/0129). The common position therefore focuses on the two initial proposals merged in a single text.Regarding the amendments adopted by the European Parliament at first reading (which were all accepted by the Commission in its amended proposal), the Council decided to follow the Commission in accepting, in part or in full, 70 of the 77 amendments adopted at first reading, and in rejecting 7 amendments for the following reasons:(1) the right of the members of the family of a frontier worker to receive health care in the Member State where the worker is employed on the same conditions as those which are applicable to him/her: Article 18(2) of the basic Regulation provides that "the members of the family of a frontier worker shall be entitled to benefits in kind during their stay in the competent Member State, unless this Member State is listed in Annex III". Annex III of the basic Regulation lists the seven Member States which apply restrictions of the rights to benefits in kind for members of the family of a frontier worker. The amendment of the European Parliament (to which three amendments closely relate) states that a new paragraph 10a should be inserted into Article 87 of the basic Regulation which would provide that "Annex III shall be repealed 5 years after the date of application of the Regulation." After several debates between delegations (some of which were opposed to this amendment), a compromise solution was eventually reached, in view of the importance of this issue for the European Parliament. The solution, which was reached unanimously by the delegations, can be summarised as follows:Articles 18(2) and 28(1) of the basic Regulation would be amended to provide that Annex III would be reviewed 5 years after its application; anda new paragraph (10a) would be added to Article 87 of the basic Regulation to provide that the period of validity of some Member States' entries in Annex III would be limited to 4 years.(2) Annex II to the basic Regulation on bilateral conventions: in point 36 of this Annex, under the Portugal-United Kingdom entry, Parliament includes a reference to Article 2(1) of the Protocol on medical treatment of 15 November 1978 which is already covered by Annex III of Council Regulation (EEC) No 1408/71. This Protocol does not appear in Annex II in the Council's common position as the two Member States concerned have indicated that they have decided not to apply Article 2(1) of this Protocol as from 1 September 2008.(3) maintain the entry "Italy" in Annex IV of the basic Regulation: a European Parliament amendment aims, inter alia, to maintain the entry "Italy" in Annex IV of the basic Regulation which provides that the Member States listed in this Annex will provide more rights for pensioners returning to the competent Member State (Article 27(2) of the basic Regulation). This amendment was not acceptable to the Council acting on the basis of unanimity. The Italian competent authorities reassessed their position, preferring not to grant, for the time being, additional rights for pensioners. In the light of these new developments, the Commission proposed that the entry "Italy" be deleted from Annex IV. The Italian delegation could go along with the Commission's proposal.Moreover, the Council introduced a series of additional technical changes, which include: (i) changes in relation to benefits for accidents at work or occupational diseases; (ii) details on the maximum time period during which a person will be subject to the legislation of a Member State other than the one determined in accordance with Title II of Council Regulation (EEC) No 1408/71.General conclusions: the Council welcomes the spirit of cooperation which prevailed with the European Parliament during the first reading of the Regulation, which allowed the two institutions already to reduce the scope of potential disagreement to a very large extent. It considers that its common position goes largely in the direction of the concerns voiced by Parliament and looks forward to pursuing this constructive discussion with the European Parliament, with a view to reaching final agreement on this complementary legislation as soon as possible.
#2916
2008/12/16 Council Meeting
2008/10/15 Modified legislative proposal published
- COM(2008)0648 summary
  
  In its amendment proposal following the European Parliament’s opinion at 1st reading on 9 July 2008, the Commission amends a certain number of points in its original proposal based on the Parliament’s suggestions. The Commission intends to merge 2 proposals that concern the same theme. Proposals COD/2006/0008 and COD/2007/0129 both relate to the Annexes to Regulation (EC) No 883/2004 and amend some of the same Annexes.The Council and Parliament decided that the two proposals should be merged. Parliament considers procedure COD/2007/0129 to have lapsed as a result of the incorporation of the contents of Commission proposal into procedure COD/2006/0008.The amended proposal acknowledges the merging of the two proposals and adapts them on a number of points as suggested by Parliament. The Commission agrees to incorporate all amendments adopted at 1st reading apart from amendments 6 and 12 which it accepts in part for the following reasons: Amendment 6: this amendment reflects new recital 7a agreed by Council but removes the reference to Annex III. The Commission can accept this amendment in part. The words "in principle" should be inserted as follows: “The family members of former frontier workers should in principle benefit from the possibility to continue medical treatment in the former country of employment of the insured person after his or her retirement.” This is to reflect the fact that Annex III will continue to apply for a limited period, so the benefits referred to will not be available immediately in all cases.Amendment 12: this amendment to Article 28(1) of Regulation (EC) No 883/2004 reflects a similar amendment agreed by Council but removes the reference to Annex III. The Commission can accept this amendment in part. It appears that it is in fact necessary to retain the reference to Annex III, but this reference should be amended to acknowledge the fact that the Annex will only be in force for a limited period. The amendment can therefore be accepted subject to an amendment to the second subparagraph so that it reads as follows: “The first subparagraph shall apply mutatis mutandis to the members of the family of the retired frontier worker unless, for as long as Annex III is in force, the Member State where the frontier worker last pursued his or her activity is listed in Annex Ш”.
- DG {'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}, ŠPIDLA Vladimír
#2893
2008/10/02 Council Meeting
- 2893 summary
  
  The Council adopted a partial general approach on the texts of Title III, Chapters II and III, and Title V of the proposal for a Regulation implementing Regulation (EC) No 883/20041 on the coordination of social security systems. In accordance with the approach already taken for the adoption of Regulation (EC) No 883/2004, it has been decided to seek the Council's agreement on a chapter-by-chapter basis.The Council noted that the progress which had thereby been achieved offered the prospect of the adoption of a common position in December. Regulation (EC) No 883/2004 was the first step of a process aimed at modernising and simplifying European rules on the coordination of the national social security systems. Such rules are intended to allow EU citizens to move freely within Europe, while maintaining their social rights and expectations (health, pensions, unemployment protection, etc).The process must be completed by adoption of an implementing regulation, the proposal for which is now under examination. The regulation will replace Regulation (EEC) No 574/723, with provisions designed to strengthen cooperation between national institutions and improve the methods of data exchange.
2008/07/09 Debate in Parliament
- Debate in Parliament
- T6-0349/2008 summary
  
  The European Parliament adopted, by 674 votes to 22 with 8 abstentions, a legislative resolution under the consultation procedure, amending the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of Annex XI. The report had been tabled for consideration in plenary by Emine BOZKURT (PES, NL) on behalf of the Committee on Employment and Social Affairs. Many of the amendments are the result of agreement reached during trialogue meetings between representatives of the Parliament, the Commission and the Council. Parliament notes that it considers the procedure on the Coordination of social security systems: amending the annexes to Regulation (EC) No 883/2004 (COD/2007/0129) to have lapsed as a result of the incorporation into this procedure of the contents of the Commission proposal (COM(2007)0376). It should be noted that this procedure is linked to the proposal for the implementing regulation (see COD/2006/0006). Both these procedures need to be completed before the new social security coordinating Regulation 883/2004 becomes applicable.Due to the merging of the procedures, the title for this proposal is changed to: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its annexes. A new recital notes that Annexes I, III, IV, VI, VII, VIII and IX to Regulation (EC) No 883/2004 should be adapted to take into account both the requirements of the Member States that have acceded to the European Union since that Regulation was adopted and recent developments in other Member States.Parliament clarified the situation of family members of former frontier workers should benefit from the possibility to continue medical treatment in the former country of employment of the insured person after his or her retirement. It also clarified that the principle of unity of the applicable legislation is of great importance and should be enhanced. This should not mean, however, that the grant of a benefit alone, in accordance with the Regulation and comprising the payment of insurance contributions or insurance coverage for the beneficiary, renders the legislation of the Member State whose institution has granted that benefit the applicable legislation for that person.The Parliament also adopted another technical amendment which clarifies one of the Annexes in order to take account of new amendments made to Member States’ legislation.
#2876
2008/06/09 Council Meeting
- 2876 summary
  
  The Council has agreed on a general approach on a regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and determining the content of its Annexes (9939/08).These Annexes are necessary in order to ensure that the particular characteristics of the various systems in the Member States are taken into account.Annex XI contains provisions regarding specific aspects of individual Member States' legislation.
2008/06/05 Committee report tabled for plenary, 1st reading/single reading
- A6-0229/2008
2008/05/29 Vote in committee, 1st reading/single reading
#2837
2007/12/05 Council Meeting
- 2837
#2803
2007/05/30 Council Meeting
- 2803 summary
  
  Pending the European Parliament's opinion at first reading, the Council reached a partial general approach on a draft Regulation amending Regulation (EC) No 883/2004 and determining the content of Annex XI on the coordination of the social security systems.While the proposal for a Regulation implementing Regulation (EC) No 883/2004 (the "basic Regulation") provides for horizontal rules, the draft Regulation amending Regulation (EC) No 833/2004 and determining the content of Annex XI, for its part, provides for supplementary provisions regarding specific aspects of individual Member States' legislation in order to ensure that the basic Regulation is smoothly applied in the Member States concerned.The examination of this proposal will be pursued in parallel with the examination of the implementing Regulation.
#2767
2006/11/30 Council Meeting
- 2767
#2733
2006/06/01 Council Meeting
- 2733 summary
  
  Pending the European Parliament's opinion at first reading, the Council reached a partialgeneral approach on a draft Regulation amending Regulation 883/2004/EC on the coordination of social security systems, and determining the content of Annex XI.The proposed Regulation lays down provisions regarding specific aspects of individual Member States' legislation that will form the content of Annex XI to Regulation 883/2004/EC.
2006/02/14 Committee referral announced in Parliament, 1st reading/single reading
2006/01/24 Legislative proposal published
- COM(2006)0007 summary
  
  PURPOSE: to amend Regulation 883/2004/EC on the coordination of social security systems and to determine the content of Annex XI.PROPOSED ACT: Regulation of the European Parliament and of the Council.CONTENT: Regulation 883/2004/EC replaces Regulation 1408/71/EEC which currently provides for the coordination of social security systems. The new Regulation simplifies and modernises the existing legislation. The Regulation provides that the content of Annex XI must be determined before the date of application of the Regulation. This Annex is necessary in order to take into account the particularities of the various social security systems of Member States.More specifically, Annex XI of Regulation 883/2004/EC sets out particular methods for applying the legislation of certain Member States. This Annex will facilitate the application of Regulation 883/2004/EC by ensuring the smooth interaction of Community legislation with national laws. Annex XI contains separate sections for each Member State containing, where necessary, supplementary provisions regarding specific aspects of that Member State's legislation. The purpose of each entry is to ensure that the Regulation can be smoothly applied in the Member State concerned.
- DG {'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}, ŠPIDLA Vladimír

Documents

Legislative proposal published: COM(2006)0007
Debate in Council: 2733
Debate in Council: 2767
Debate in Council: 2803
Debate in Council: 2837
Committee report tabled for plenary, 1st reading/single reading: A6-0229/2008
Debate in Council: 2876
Debate in Parliament: Debate in Parliament
Decision by Parliament, 1st reading/single reading: T6-0349/2008
Debate in Council: 2893
Modified legislative proposal published: COM(2008)0648
Council position published: 14518/1/2008
Committee recommendation tabled for plenary, 2nd reading: A6-0207/2009
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 2nd reading: T6-0222/2009
: Regulation 2009/988
: OJ L 284 30.10.2009, p. 0043

Amendments	Dossier
8	2006/0008(COD) 2008/04/15 EMPL 8 amendments... Amendment 77 # Emine BOZKURT Proposal for a regulation – amending act Article 1 – point -1 a (new) Regulation (EC) No 883/2004 Recital 8 a (new) -1a) The following recital shall be inserted after Recital 8: "(8a) The family members of former frontier workers should benefit from the possibility to continue medical treatment in the former country of employment of the insured person after his or her retirement.". Amendment 78 # Emine BOZKURT Proposal for a regulation – amending act Article 1 – point 1 a (new) Regulation (EC) No 883/2004 Article 18 – paragraph 2 1a) Article 18(2) shall be replaced by the following: "2. The members of the family of a frontier worker shall be entitled to benefits in kind during their stay in the competent Member State. However, for as long as Annex III is in force, when the competent Member State is listed in Annex III […], the members of the family of a frontier worker who reside in the same Member State as the frontier worker shall be entitled to benefits in kind in the competent Member State only under the conditions laid down in Article 19(1).". Amendment 79 # Emine BOZKURT Proposal for a regulation – amending act Article 1 – point 1 b (new) Regulation (EC) No 883/2004 Article 28 – paragraph 1 1b) Article 28(1) shall be replaced by the following: "1. A frontier worker who has retired because of old age or invalidity is entitled in case of sickness to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment which began in that Member State. The term 'continuation of treatment' means the continued investigation, diagnosis and treatment of an illness for its entire duration. The first subparagraph shall apply mutatis mutandis to the members of the family of the retired frontier worker.". Amendment 80 # Emine BOZKURT Proposal for a regulation – amending act Article 1 – point 4 e (new) Regulation (EC) No 883/2004 Article 87 – paragraph 10 a (new) 4e) In Article 87, the following paragraph shall be inserted: "10a. Annex III shall be repealed 5 years after the date of application of this Regulation." Amendment 81 # Emine BOZKURT Proposal for a regulation – amending act Annex – point -1 a (new) Regulation (EC) No 883/2004 Annex I – Part I -1a) Annex I, Part I shall be amended as follows: (a) After the entry under the heading “A. BELGIUM” the following entry shall be inserted: “Aa. BULGARIA Maintenance payments made by the state under Article 92 of the Family Code”; (b) After the entry "C. GERMANY” the following entries shall be inserted: “Ca. ESTONIA Maintenance allowances under the Maintenance Allowance Act of 21 February 2007 Cb. SPAIN Advances of maintenance payments under the Royal Decree 1618/2007 of 7 December 2007”; (c) After the entry under the heading “D. FRANCE” the following entries shall be inserted: "Da. LITHUANIA Payments from the Children's Maintenance Fund under the Law on Children's Maintenance Fund Db. LUXEMBOURG Advances and recovery of maintenance payments within the meaning of the Act of 26 July 1980”; (d) After the entry under the heading “I. AUSTRIA” the following entry shall be inserted: “Ia. POLAND Benefits from Alimony Fund under the Act of Assistance to the Persons Entitled to Alimony”; (e) After the entry under the heading “F. PORTUGAL” the following entries shall be inserted: “Fa. SLOVENIA Maintenance replacement in accordance with the Act of Public Guarantee and Maintenance Fund of the Republic of Slovenia of 25 July 2006 Fb. SLOVAKIA Substitute alimony benefit (substitute maintenance payment) pursuant to the Act No 452/2004 Coll. on substitute alimony benefit as amended by later regulations”. Or. en (Wording of amendment similar to amendment 20 of PR 702068, PE400.316) Amendment 82 # Emine BOZKURT Proposal for a regulation – amending act Annex – Point 1 Regulation (EC) No 883/2004 Annex I – Part II 1~~. In Annex I, section II, after the text u~~) Annex I, Part II shall be amended as follows: (a) After the entry under the heading “A. BELGIUM” the following entries shall be inserted: “Aa. BULGARIA Maternity lump sum allowance (Law on Family Allowances for Children) Ab. CZECH REPUBLIC Childbirth allowance Ac. ESTONIA Childbirth allowance Adoption allowance”; (b) The heading "B. SPAIN" shall be amended as follows: "B. SPAIN Single payment birth and adoption grants"; (c) Under the heading “C. FRANCE” the following phrase ~~is added~~shall be added after the text: “, except when they are paid to a person who remains subject to French legislation pursuant to Article 12 or Article 16”. (d) After the entry under the heading “C. FRANCE” the following entries shall be inserted: “Ca. LATVIA Childbirth grant Adoption allowance Cb. LITHUANIA Child lump sum grant”; (e) After the entry under the heading “D. LUXEMBOURG” the following entries shall be inserted: “Da. HUNGARY Maternity grant Db. POLAND Single payment birth grant (Act on Family Benefits) Dc. ROMANIA Childbirth allowance Layettes for new born children Dd. SLOVENIA Childbirth grant De. SLOVAKIA Childbirth allowance Supplement to childbirth allowance”; Or. en (Wording of amendment similar to amendment 21 of PR 702068, PE400.316) Amendment 83 # Emine BOZKURT Proposal for a regulation – amending act Annex – point 1 a (new) Regulation (EC) No 883/2004 Annex II ~~(Wording of amendment similar to amendment 22 of PR 702068, PE400.316)~~1a) Annex II shall be replaced by the following: “ANNEX II PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY General comments It is to be noted that the provisions of bilateral conventions which do not fall within the scope of this Regulation and which remain in force between Member States are not listed in this Annex. This includes obligations between Member States arising from conventions providing, for example, for provisions regarding aggregation of insurance periods fulfilled in a third country. (Article 8(1)) Provisions of social security conventions remaining applicable 1. BELGIUM-GERMANY Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of that date, as in the Complementary Protocol of 10 November 1960 (reckoning of insurance periods completed in some border regions before, during and after the Second World War). 2. BELGIUM-LUXEMBOURG Convention of 24 March 1994 on social security for frontier workers (relating to the complementary flat rate reimbursement). 3. BULGARIA-GERMANY Article 28(1)(b) of the Convention on Social Security of 17 December 1997 (maintenance of conventions concluded between Bulgaria and the former German Democratic Republic for persons who already received a pension before 1996). 4. BULGARIA-AUSTRIA Article 38(3) of the Convention on Social Security of 14 April 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 5. BULGARIA-SLOVENIA Article 32(2) of the Convention on Social Security of 18 December 1957 (reckoning of periods of insurance completed until 31 December 1957). 6. CZECH REPUBLIC-GERMANY Article 39(1)(b) and (c) of the Agreement on Social Security of 27 July 2001 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting states for persons who already received a pension for these periods on 1 September 2002 from the other contracting state, while residing in its territory). 7. CZECH REPUBLIC-CYPRUS Article 32(4) of the Convention on Social Security of 19 January 1999 (determining competence for the calculation of periods of employment completed under the relevant Convention of 1976); the application of this provision remains restricted to the persons covered by it. 8. CZECH REPUBLIC-LUXEMBOURG Article 52(8) of the Convention of 17 November 2000 (reckoning of pension insurance periods for political refugees). 9. CZECH REPUBLIC-AUSTRIA Article 32(3) of the Convention on Social Security of 20 July 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 10. CZECH REPUBLIC-SLOVAKIA Articles 12, 20 and 33 of the Convention on Social Security of 29 October 1992 (Article 12 determines competence for a grant of survivor's benefits; Article 20 determines competence for calculation of insurance periods completed until the day of dissolution of the Czech and Slovak Federal Republic; Article 33 determines competence for payment of pensions awarded before to the day of the dissolution of the Czech and Slovak Federal Republic). 11. DENMARK-FINLAND Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary. 12. DENMARK-SWEDEN Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary. 13. GERMANY-SPAIN Article 45(2) of the Convention on Social Security of 4 December 1973 (representation by diplomatic and consular authorities). 14. GERMANY-FRANCE (a) Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in Supplementary Agreement No 2 of 18 June 1955 (reckoning of periods of insurance completed between 1 July 1940 and 30 June 1950); (b) Title I of the said Supplementary Agreement No 2 (reckoning of periods of insurance completed before 8 May 1945); (c) points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date (administrative arrangements); (d) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). 15. GERMANY-LUXEMBOURG Articles 4, 5, 6 and 7 of the Convention of 11 July 1959 (reckoning of insurance periods completed between September 1940 and June 1946). 16. GERMANY-HUNGARY Article 40(1)(b) of the Convention on Social Security of 2 May 1998 (maintenance of the convention concluded between the former German Democratic Republic and Hungary for persons who already received a pension before 1996). 17. GERMANY-NETHERLANDS Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945). 18. GERMANY-AUSTRIA (a) Article 1(5) and Article 8 of the Convention on Unemployment Insurance of 19 July 1978 and Article 10 of the Final Protocol to this Convention (granting of unemployment allowances to frontier workers by the previous State of employment) shall continue to apply to persons who have exercised an activity as a frontier worker on or before 1 January 2005 and become unemployed before 1 January 2011. (b) Article 14(2)(g), (h), (i) and (j) of the Convention on Social Security of 4 October 1995 concerning the division of competencies between both countries with regard to past insurance cases and acquired insurance periods (determination of competencies between both countries with regard to former insurance cases and acquired insurance periods); the application of this point remains restricted to the persons covered by that Convention. 19. GERMANY-POLAND (a) Convention of 9 October 1975 on old- age and work injury provisions, under the conditions and the scope defined by Article 27(2) to (4) of the Convention on Social Security of 8 December 1990 (maintenance of legal status, on the basis of the convention of 1975, of the persons who had established their residence in the territory of Germany or Poland before 1 January 1991 and who continue to reside there). (b) Articles 27(5) and 28(2) of the Convention on Social Security of 8 December 1990 (maintenance of entitlement to a pension paid on the basis of the convention of 1957 concluded between the former German Democratic Republic and Poland; reckoning of periods of insurance completed by Polish employees under the convention of 1988 concluded between the former German Democratic Republic and Poland). 20. GERMANY-ROMANIA Article 28(1)(b) of the Convention on Social Security of 8 April 2005 (maintenance of the convention concluded between the former German Democratic Republic and Romania for persons who already received a pension before 1996). 21. GERMANY-SLOVENIA Article 42 of the Convention on Social Security of 24 September 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of this point remains restricted to the persons covered by that Convention. 22. GERMANY-SLOVAKIA Article 29(1), second and third subparagraphs, of the Agreement of 12 September 2002 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting states for persons who already received a pension for these periods on 1 December 2003 from the other contracting state, while residing in its territory). 23. GERMANY-UNITED KINGDOM (a) Article 7(5) and (6) of the Convention on Social Security of 20 April 1960 (legislation applicable to civilians serving in the military forces); (b) Article 5(5) and (6) of the Convention on Unemployment Insurance of 20 April 1960 (legislation applicable to civilians serving in the military forces). 24. IRELAND-UNITED KINGDOM Article 19(2) of the Agreement on Social Security of 14 December 2004 (concerning the transfer and reckoning of certain disability credits). 25. SPAIN-PORTUGAL Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits). This entry will remain valid for two years from the date of application of Regulation (EC) No 883/2004. 26. ITALY-SLOVENIA (a) Agreement on Regulation of Mutual Obligations in Social Insurance with reference to paragraph 7 of Annex XIV to the Peace Treaty (concluded by exchange of notes on 5 February 1959) (reckoning of periods of insurance completed before 18 December 1954); the application of this point remains restricted to the persons covered by that Agreement. (b) Article 45(3) of the Convention on Social Security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste (reckoning of periods of insurance completed before 5 October 1956); the application of this point remains restricted to the persons covered by that Convention. 27. LUXEMBOURG-PORTUGAL Agreement of 10 March 1997 (on the recognition of decisions by institutions in one contracting party concerning the state of invalidity of applicants for pensions from institutions in the other contracting party). 28. LUXEMBOURG-SLOVAKIA Article 50(5) of the Convention on Social Security of 23 May 2002 (reckoning of pension insurance periods for political refugees). 29. HUNGARY-AUSTRIA Article 36(3) of the Convention on social security of 31 March 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 30. HUNGARY-SLOVENIA Article 31 of the Convention on Social Security of 7 October 1957 (reckoning of periods of insurance completed before 29 May 1956); the application of this point remains restricted to the persons covered by that Convention. 31. HUNGARY-SLOVAKIA Article 34(1) of the Convention on social security of 30 January 1959 (Article 34(1) of the Convention provides that the insurance periods awarded before the day of signing the Convention are the insurance periods of the contracting State on which territory the entitled person had a residence); the application of this point remains restricted to the persons covered by that Convention. 32. AUSTRIA-POLAND Article 33(3) of the Convention on Social Security of 7 September 1998 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 33. AUSTRIA-ROMANIA Article 37(3) of the Convention on Social Security of 28 October 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 34. AUSTRIA-SLOVENIA Article 37 of the Convention on Social Security of 10 March 1997 (reckoning of periods of insurance completed before 1 January 1956); the application of this point remains restricted to the persons covered by that Convention. 35. AUSTRIA-SLOVAKIA Article 34(3) of the Convention on Social Security of 21 December 2001 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 36. PORTUGAL-UNITED KINGDOM Article 2(1) of the Protocol on medical treatment of 15 November 1978. 37. FINLAND-SWEDEN Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary.". Or. en Amendment 84 # Emine BOZKURT Proposal for a regulation – amending act Annex – point 2 b (new) Regulation (EC) No 883/2004 Annex X ~~(Wording of amendment similar to amendment 29 of PR 702068, PE400.316)~~2b) Annex X shall be replaced by the following: “ANNEX X SPECIAL NON-CONTRIBUTORY CASH BENEFITS (Article 70(2)(c)) A. BELGIUM (a) Income replacement allowance (Law of 27 February 1987) (b) Guaranteed income for elderly persons (Law of 22 March 2001) B. BULGARIA Social Pension for old age (Article 89 of the Social Security Code) C. CZECH REPUBLIC Social allowance (State Social Support Act No 117/1995 Sb.. D. DENMARK Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995) E. GERMANY Basic subsistence income for the elderly and for persons with reduced earning capacity under Chapter 4 of Book XII of the Social Code Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to these benefits, the eligibility requirements for a temporary supplement following receipt of unemployment benefit (Article 24 (1) of Book II of the Social Code) are fulfilled F. ESTONIA (a) Disabled adult allowance (Social Benefits for Disabled Persons Act of 27 January 1999) (b) State unemployment allowance (Labour Market Services and Support Act of 29 September 2005) G. IRELAND (a) Jobseekers’ allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 2) (b) State pension (non-contributory) (Social Welfare Consolidation Act 2005, Part 3, Chapter 4) (c) Widow's (non-contributory) pension and widower's (non-contributory) pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 6) (d) Disability allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 10) (e) Mobility allowance (Health Act 1970, Section 61) (f) Blind pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 5) H. GREECE Special benefits for the elderly (Law 1296/82) I. SPAIN (a) Minimum income guarantee (Law No 13/82 of 7 April 1982) (b) Cash benefits to assist the elderly and invalids unable to work (Royal Decree No 2620/81 of 24 July 1981) (c) The following pension benefits: (i) Non-contributory invalidity and retirement pensions as provided for in Article 38(1) of the Consolidated Text of the General Law on Social Security, approved by Royal Legislative Decree No 1/1994 of 20 June 1994 and (ii) the benefits which supplement the above pensions, as provided for in the legislations of the Comunidades Autonomas, where such supplements guarantee a minimum subsistence income having regard to the economic and social situation in the Comunidades autonomas concerned (d) Allowances to promote mobility and to compensate for transport costs (Law No 13/1982 of 7 April 1982) J. FRANCE (a) Supplementary allowances of: (i) the Special Invalidity Fund, and (ii) the Old Age Solidarity Fund in respect of acquired rights (Law of 30 June 1956, codified in Book VIII of the Social Security Code) (b) Disabled adults' allowance (Law of 30 June 1975, codified in Book VIII of the Social Security Code) (c) Special allowance (Law of 10 July 1952, codified in Book VIII of the Social Security Code) in respect of acquired rights (d) Old-age solidarity allowance (ordinance of 24 June 2004, codified in Book VIII of the Social Security Code) as of 1 January 2006 K. ITALY (a) Social pensions for persons without means (Law No 153 of 30 April 1969) (b) Pensions and allowances for the civilian disabled or invalids (Laws No 118 of 30 March 1974, No 18 of 11 February 1980 and No 508 of 23 November 1988) (c) Pensions and allowances for the deaf and dumb (Laws No 381 of 26 May 1970 and No 508 of 23 November 1988) (d) Pensions and allowances for the civilian blind (Laws No 382 of 27 May 1970 and No 508 of 23 November 1988) (e) Benefits supplementing the minimum pensions (Laws No 218 of 4 April 1952, No 638 of 11 November 1983 and No 407 of 29 December 1990) (f) Benefits supplementing disability allowances (Law No 222 of 12 June 1984) (g) Social allowance (Law No 335 of 8 August 1995) (h) Social increase (Article 1(1) and (12) of Law No 544 of 29 December 1988 and successive amendments) L. CYPRUS (a) Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as amended) (b) Severe motor disability allowance (Council of Ministers' Decisions Nos 38210 of 16 October 1992, 41370 of 1 August 1994, 46183 of 11 June 1997 and 53675 of 16 May 2001) (c) Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/96), as amended) M. LATVIA (a) State Social Security Benefit (Law on State Social Benefits of 1 January 2003) (b) Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003) N. LITHUANIA (a) Social assistance pension (Law of 2005 on State Social Assistance Benefits, Article 5) (b) Relief compensation (Law of 2005 on State Social Assistance Benefits, Article 15) (c) Transport compensation for the disabled who have mobility problems (Law of 2000 on Transport Compensation, Article 7) O. LUXEMBOURG Income for the seriously disabled (Article 1(2), Law of 12 September 2003), with the exception of persons recognised as being disabled workers and employed on the mainstream labour market or in a sheltered environment P. HUNGARY (a) Invalidity annuity (Decree No 83/1987 (XII 27) of the Council of Ministers on Invalidity Annuity) (b) Non-contributory old age allowance (Act III of 1993 on Social Administration and Social Benefits) (c) Transport allowance (Government Decree No 164/1995 (XII 27) on Transport Allowances for Persons with Severe Physical Handicap) Q. MALTA (a) Supplementary allowance (Section 73 of the Social Security Act (Cap. 318) 1987) (b) Age pension (Social Security Act (Cap. 318) 1987) R. NETHERLANDS (a) Disablement Assistance Act for Handicapped Young Persons, of 24 April 1997 (Wajong) (b) Supplementary Benefits Act of 6 November 1986 (TW) S. AUSTRIA Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance (ASVG), Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce (GSVG) and Federal Act of 11 October 1978 on Social insurance for farmers (BSVG) T. POLAND Social pension (Act of 27 June 2003 on social pensions) U. PORTUGAL (a) Non-contributory State old-age and invalidity pension (Decree-Law No 464/80 of 13 October 1980) (b) Non-contributory widowhood pension (Regulatory Decree No 52/81 of 11 November 1981) (c) Solidarity supplement for the elderly (Decree-Law No 232/2005 of 29 December 2005, amended by Decree Law No 236/2006 of 11 December 2006 W. SLOVENIA (a) State pension (Pension and Disability Insurance Act of 23 December 1999) (b) Income support for pensioners (Pension and Disability Insurance Act of 23 December 1999) (c) Maintenance allowance (Pension and Disability Insurance Act of 23 December 1999) X. SLOVAKIA (a) Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income (b) Social pension which has been awarded before 1 January 2004 Y. FINLAND (a) Housing Allowance for pensioners (Act concerning the Housing Allowance for pensioners, 571/2007) (b) Labour market support (Act on Unemployment Benefits 1290/2002) (c) Special assistance for immigrants (Act on Special Assistance for Immigrants, 1192/2002) Z. SWEDEN (a) Housing supplements for persons receiving a pension (Law 2001: 761) (b) Financial support for the elderly (Law 2001: 853) AA. UNITED KINGDOM (a) State Pension credit (State Pension Credit Act 2002 and State Pension Credit Act (Northern Ireland) 2002) (b) Income-based allowances for jobseekers (Jobseekers Act 1995 and Jobseekers (Northern Ireland) Order 1995) (c) Income Support (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992) (d) Disability Living Allowance mobility component (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992)”. Or. en source: PE-402.505

Amendments

Dossier

2006/0008(COD)

2008/04/15 EMPL 8 amendments...

Amendment 77 #

Emine BOZKURT

Proposal for a regulation – amending act
Article 1 – point -1 a (new)

Regulation (EC) No 883/2004
Recital 8 a (new)

-1a) The following recital shall be inserted after Recital 8: "(8a) The family members of former frontier workers should benefit from the possibility to continue medical treatment in the former country of employment of the insured person after his or her retirement.".

Amendment 78 #

Emine BOZKURT

Proposal for a regulation – amending act
Article 1 – point 1 a (new)

Regulation (EC) No 883/2004
Article 18 – paragraph 2

1a) Article 18(2) shall be replaced by the following: "2. The members of the family of a frontier worker shall be entitled to benefits in kind during their stay in the competent Member State. However, for as long as Annex III is in force, when the competent Member State is listed in Annex III […], the members of the family of a frontier worker who reside in the same Member State as the frontier worker shall be entitled to benefits in kind in the competent Member State only under the conditions laid down in Article 19(1).".

Amendment 79 #

Emine BOZKURT

Proposal for a regulation – amending act
Article 1 – point 1 b (new)

Regulation (EC) No 883/2004
Article 28 – paragraph 1

1b) Article 28(1) shall be replaced by the following: "1. A frontier worker who has retired because of old age or invalidity is entitled in case of sickness to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment which began in that Member State. The term 'continuation of treatment' means the continued investigation, diagnosis and treatment of an illness for its entire duration. The first subparagraph shall apply mutatis mutandis to the members of the family of the retired frontier worker.".

Amendment 80 #

Emine BOZKURT

Proposal for a regulation – amending act
Article 1 – point 4 e (new)

Regulation (EC) No 883/2004
Article 87 – paragraph 10 a (new)

4e) In Article 87, the following paragraph shall be inserted: "10a. Annex III shall be repealed 5 years after the date of application of this Regulation."

Amendment 81 #

Emine BOZKURT

Proposal for a regulation – amending act
Annex – point -1 a (new)

Regulation (EC) No 883/2004
Annex I – Part I

-1a) Annex I, Part I shall be amended as follows: (a) After the entry under the heading “A. BELGIUM” the following entry shall be inserted: “Aa. BULGARIA Maintenance payments made by the state under Article 92 of the Family Code”; (b) After the entry "C. GERMANY” the following entries shall be inserted: “Ca. ESTONIA Maintenance allowances under the Maintenance Allowance Act of 21 February 2007 Cb. SPAIN Advances of maintenance payments under the Royal Decree 1618/2007 of 7 December 2007”; (c) After the entry under the heading “D. FRANCE” the following entries shall be inserted: "Da. LITHUANIA Payments from the Children's Maintenance Fund under the Law on Children's Maintenance Fund Db. LUXEMBOURG Advances and recovery of maintenance payments within the meaning of the Act of 26 July 1980”; (d) After the entry under the heading “I. AUSTRIA” the following entry shall be inserted: “Ia. POLAND Benefits from Alimony Fund under the Act of Assistance to the Persons Entitled to Alimony”; (e) After the entry under the heading “F. PORTUGAL” the following entries shall be inserted: “Fa. SLOVENIA Maintenance replacement in accordance with the Act of Public Guarantee and Maintenance Fund of the Republic of Slovenia of 25 July 2006 Fb. SLOVAKIA Substitute alimony benefit (substitute maintenance payment) pursuant to the Act No 452/2004 Coll. on substitute alimony benefit as amended by later regulations”. Or. en (Wording of amendment similar to amendment 20 of PR 702068, PE400.316)

Amendment 82 #

Emine BOZKURT

Proposal for a regulation – amending act
Annex – Point 1

Regulation (EC) No 883/2004
Annex I – Part II

1~~. In Annex I, section II, after the text u~~) Annex I, Part II shall be amended as follows: (a) After the entry under the heading “A. BELGIUM” the following entries shall be inserted: “Aa. BULGARIA Maternity lump sum allowance (Law on Family Allowances for Children) Ab. CZECH REPUBLIC Childbirth allowance Ac. ESTONIA Childbirth allowance Adoption allowance”; (b) The heading "B. SPAIN" shall be amended as follows: "B. SPAIN Single payment birth and adoption grants"; (c) Under the heading “C. FRANCE” the following phrase ~~is added~~shall be added after the text: “, except when they are paid to a person who remains subject to French legislation pursuant to Article 12 or Article 16”. (d) After the entry under the heading “C. FRANCE” the following entries shall be inserted: “Ca. LATVIA Childbirth grant Adoption allowance Cb. LITHUANIA Child lump sum grant”; (e) After the entry under the heading “D. LUXEMBOURG” the following entries shall be inserted: “Da. HUNGARY Maternity grant Db. POLAND Single payment birth grant (Act on Family Benefits) Dc. ROMANIA Childbirth allowance Layettes for new born children Dd. SLOVENIA Childbirth grant De. SLOVAKIA Childbirth allowance Supplement to childbirth allowance”; Or. en (Wording of amendment similar to amendment 21 of PR 702068, PE400.316)

Amendment 83 #

Emine BOZKURT

Proposal for a regulation – amending act
Annex – point 1 a (new)

Regulation (EC) No 883/2004
Annex II

~~(Wording of amendment similar to amendment 22 of PR 702068, PE400.316)~~1a) Annex II shall be replaced by the following: “ANNEX II PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY General comments It is to be noted that the provisions of bilateral conventions which do not fall within the scope of this Regulation and which remain in force between Member States are not listed in this Annex. This includes obligations between Member States arising from conventions providing, for example, for provisions regarding aggregation of insurance periods fulfilled in a third country. (Article 8(1)) Provisions of social security conventions remaining applicable 1. BELGIUM-GERMANY Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of that date, as in the Complementary Protocol of 10 November 1960 (reckoning of insurance periods completed in some border regions before, during and after the Second World War). 2. BELGIUM-LUXEMBOURG Convention of 24 March 1994 on social security for frontier workers (relating to the complementary flat rate reimbursement). 3. BULGARIA-GERMANY Article 28(1)(b) of the Convention on Social Security of 17 December 1997 (maintenance of conventions concluded between Bulgaria and the former German Democratic Republic for persons who already received a pension before 1996). 4. BULGARIA-AUSTRIA Article 38(3) of the Convention on Social Security of 14 April 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 5. BULGARIA-SLOVENIA Article 32(2) of the Convention on Social Security of 18 December 1957 (reckoning of periods of insurance completed until 31 December 1957). 6. CZECH REPUBLIC-GERMANY Article 39(1)(b) and (c) of the Agreement on Social Security of 27 July 2001 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting states for persons who already received a pension for these periods on 1 September 2002 from the other contracting state, while residing in its territory). 7. CZECH REPUBLIC-CYPRUS Article 32(4) of the Convention on Social Security of 19 January 1999 (determining competence for the calculation of periods of employment completed under the relevant Convention of 1976); the application of this provision remains restricted to the persons covered by it. 8. CZECH REPUBLIC-LUXEMBOURG Article 52(8) of the Convention of 17 November 2000 (reckoning of pension insurance periods for political refugees). 9. CZECH REPUBLIC-AUSTRIA Article 32(3) of the Convention on Social Security of 20 July 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 10. CZECH REPUBLIC-SLOVAKIA Articles 12, 20 and 33 of the Convention on Social Security of 29 October 1992 (Article 12 determines competence for a grant of survivor's benefits; Article 20 determines competence for calculation of insurance periods completed until the day of dissolution of the Czech and Slovak Federal Republic; Article 33 determines competence for payment of pensions awarded before to the day of the dissolution of the Czech and Slovak Federal Republic). 11. DENMARK-FINLAND Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary. 12. DENMARK-SWEDEN Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary. 13. GERMANY-SPAIN Article 45(2) of the Convention on Social Security of 4 December 1973 (representation by diplomatic and consular authorities). 14. GERMANY-FRANCE (a) Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in Supplementary Agreement No 2 of 18 June 1955 (reckoning of periods of insurance completed between 1 July 1940 and 30 June 1950); (b) Title I of the said Supplementary Agreement No 2 (reckoning of periods of insurance completed before 8 May 1945); (c) points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date (administrative arrangements); (d) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). 15. GERMANY-LUXEMBOURG Articles 4, 5, 6 and 7 of the Convention of 11 July 1959 (reckoning of insurance periods completed between September 1940 and June 1946). 16. GERMANY-HUNGARY Article 40(1)(b) of the Convention on Social Security of 2 May 1998 (maintenance of the convention concluded between the former German Democratic Republic and Hungary for persons who already received a pension before 1996). 17. GERMANY-NETHERLANDS Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945). 18. GERMANY-AUSTRIA (a) Article 1(5) and Article 8 of the Convention on Unemployment Insurance of 19 July 1978 and Article 10 of the Final Protocol to this Convention (granting of unemployment allowances to frontier workers by the previous State of employment) shall continue to apply to persons who have exercised an activity as a frontier worker on or before 1 January 2005 and become unemployed before 1 January 2011. (b) Article 14(2)(g), (h), (i) and (j) of the Convention on Social Security of 4 October 1995 concerning the division of competencies between both countries with regard to past insurance cases and acquired insurance periods (determination of competencies between both countries with regard to former insurance cases and acquired insurance periods); the application of this point remains restricted to the persons covered by that Convention. 19. GERMANY-POLAND (a) Convention of 9 October 1975 on old- age and work injury provisions, under the conditions and the scope defined by Article 27(2) to (4) of the Convention on Social Security of 8 December 1990 (maintenance of legal status, on the basis of the convention of 1975, of the persons who had established their residence in the territory of Germany or Poland before 1 January 1991 and who continue to reside there). (b) Articles 27(5) and 28(2) of the Convention on Social Security of 8 December 1990 (maintenance of entitlement to a pension paid on the basis of the convention of 1957 concluded between the former German Democratic Republic and Poland; reckoning of periods of insurance completed by Polish employees under the convention of 1988 concluded between the former German Democratic Republic and Poland). 20. GERMANY-ROMANIA Article 28(1)(b) of the Convention on Social Security of 8 April 2005 (maintenance of the convention concluded between the former German Democratic Republic and Romania for persons who already received a pension before 1996). 21. GERMANY-SLOVENIA Article 42 of the Convention on Social Security of 24 September 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of this point remains restricted to the persons covered by that Convention. 22. GERMANY-SLOVAKIA Article 29(1), second and third subparagraphs, of the Agreement of 12 September 2002 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting states for persons who already received a pension for these periods on 1 December 2003 from the other contracting state, while residing in its territory). 23. GERMANY-UNITED KINGDOM (a) Article 7(5) and (6) of the Convention on Social Security of 20 April 1960 (legislation applicable to civilians serving in the military forces); (b) Article 5(5) and (6) of the Convention on Unemployment Insurance of 20 April 1960 (legislation applicable to civilians serving in the military forces). 24. IRELAND-UNITED KINGDOM Article 19(2) of the Agreement on Social Security of 14 December 2004 (concerning the transfer and reckoning of certain disability credits). 25. SPAIN-PORTUGAL Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits). This entry will remain valid for two years from the date of application of Regulation (EC) No 883/2004. 26. ITALY-SLOVENIA (a) Agreement on Regulation of Mutual Obligations in Social Insurance with reference to paragraph 7 of Annex XIV to the Peace Treaty (concluded by exchange of notes on 5 February 1959) (reckoning of periods of insurance completed before 18 December 1954); the application of this point remains restricted to the persons covered by that Agreement. (b) Article 45(3) of the Convention on Social Security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste (reckoning of periods of insurance completed before 5 October 1956); the application of this point remains restricted to the persons covered by that Convention. 27. LUXEMBOURG-PORTUGAL Agreement of 10 March 1997 (on the recognition of decisions by institutions in one contracting party concerning the state of invalidity of applicants for pensions from institutions in the other contracting party). 28. LUXEMBOURG-SLOVAKIA Article 50(5) of the Convention on Social Security of 23 May 2002 (reckoning of pension insurance periods for political refugees). 29. HUNGARY-AUSTRIA Article 36(3) of the Convention on social security of 31 March 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 30. HUNGARY-SLOVENIA Article 31 of the Convention on Social Security of 7 October 1957 (reckoning of periods of insurance completed before 29 May 1956); the application of this point remains restricted to the persons covered by that Convention. 31. HUNGARY-SLOVAKIA Article 34(1) of the Convention on social security of 30 January 1959 (Article 34(1) of the Convention provides that the insurance periods awarded before the day of signing the Convention are the insurance periods of the contracting State on which territory the entitled person had a residence); the application of this point remains restricted to the persons covered by that Convention. 32. AUSTRIA-POLAND Article 33(3) of the Convention on Social Security of 7 September 1998 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 33. AUSTRIA-ROMANIA Article 37(3) of the Convention on Social Security of 28 October 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 34. AUSTRIA-SLOVENIA Article 37 of the Convention on Social Security of 10 March 1997 (reckoning of periods of insurance completed before 1 January 1956); the application of this point remains restricted to the persons covered by that Convention. 35. AUSTRIA-SLOVAKIA Article 34(3) of the Convention on Social Security of 21 December 2001 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 36. PORTUGAL-UNITED KINGDOM Article 2(1) of the Protocol on medical treatment of 15 November 1978. 37. FINLAND-SWEDEN Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary.". Or. en

Amendment 84 #

Emine BOZKURT

Proposal for a regulation – amending act
Annex – point 2 b (new)

Regulation (EC) No 883/2004
Annex X

~~(Wording of amendment similar to amendment 29 of PR 702068, PE400.316)~~2b) Annex X shall be replaced by the following: “ANNEX X SPECIAL NON-CONTRIBUTORY CASH BENEFITS (Article 70(2)(c)) A. BELGIUM (a) Income replacement allowance (Law of 27 February 1987) (b) Guaranteed income for elderly persons (Law of 22 March 2001) B. BULGARIA Social Pension for old age (Article 89 of the Social Security Code) C. CZECH REPUBLIC Social allowance (State Social Support Act No 117/1995 Sb.. D. DENMARK Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995) E. GERMANY Basic subsistence income for the elderly and for persons with reduced earning capacity under Chapter 4 of Book XII of the Social Code Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to these benefits, the eligibility requirements for a temporary supplement following receipt of unemployment benefit (Article 24 (1) of Book II of the Social Code) are fulfilled F. ESTONIA (a) Disabled adult allowance (Social Benefits for Disabled Persons Act of 27 January 1999) (b) State unemployment allowance (Labour Market Services and Support Act of 29 September 2005) G. IRELAND (a) Jobseekers’ allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 2) (b) State pension (non-contributory) (Social Welfare Consolidation Act 2005, Part 3, Chapter 4) (c) Widow's (non-contributory) pension and widower's (non-contributory) pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 6) (d) Disability allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 10) (e) Mobility allowance (Health Act 1970, Section 61) (f) Blind pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 5) H. GREECE Special benefits for the elderly (Law 1296/82) I. SPAIN (a) Minimum income guarantee (Law No 13/82 of 7 April 1982) (b) Cash benefits to assist the elderly and invalids unable to work (Royal Decree No 2620/81 of 24 July 1981) (c) The following pension benefits: (i) Non-contributory invalidity and retirement pensions as provided for in Article 38(1) of the Consolidated Text of the General Law on Social Security, approved by Royal Legislative Decree No 1/1994 of 20 June 1994 and (ii) the benefits which supplement the above pensions, as provided for in the legislations of the Comunidades Autonomas, where such supplements guarantee a minimum subsistence income having regard to the economic and social situation in the Comunidades autonomas concerned (d) Allowances to promote mobility and to compensate for transport costs (Law No 13/1982 of 7 April 1982) J. FRANCE (a) Supplementary allowances of: (i) the Special Invalidity Fund, and (ii) the Old Age Solidarity Fund in respect of acquired rights (Law of 30 June 1956, codified in Book VIII of the Social Security Code) (b) Disabled adults' allowance (Law of 30 June 1975, codified in Book VIII of the Social Security Code) (c) Special allowance (Law of 10 July 1952, codified in Book VIII of the Social Security Code) in respect of acquired rights (d) Old-age solidarity allowance (ordinance of 24 June 2004, codified in Book VIII of the Social Security Code) as of 1 January 2006 K. ITALY (a) Social pensions for persons without means (Law No 153 of 30 April 1969) (b) Pensions and allowances for the civilian disabled or invalids (Laws No 118 of 30 March 1974, No 18 of 11 February 1980 and No 508 of 23 November 1988) (c) Pensions and allowances for the deaf and dumb (Laws No 381 of 26 May 1970 and No 508 of 23 November 1988) (d) Pensions and allowances for the civilian blind (Laws No 382 of 27 May 1970 and No 508 of 23 November 1988) (e) Benefits supplementing the minimum pensions (Laws No 218 of 4 April 1952, No 638 of 11 November 1983 and No 407 of 29 December 1990) (f) Benefits supplementing disability allowances (Law No 222 of 12 June 1984) (g) Social allowance (Law No 335 of 8 August 1995) (h) Social increase (Article 1(1) and (12) of Law No 544 of 29 December 1988 and successive amendments) L. CYPRUS (a) Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as amended) (b) Severe motor disability allowance (Council of Ministers' Decisions Nos 38210 of 16 October 1992, 41370 of 1 August 1994, 46183 of 11 June 1997 and 53675 of 16 May 2001) (c) Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/96), as amended) M. LATVIA (a) State Social Security Benefit (Law on State Social Benefits of 1 January 2003) (b) Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003) N. LITHUANIA (a) Social assistance pension (Law of 2005 on State Social Assistance Benefits, Article 5) (b) Relief compensation (Law of 2005 on State Social Assistance Benefits, Article 15) (c) Transport compensation for the disabled who have mobility problems (Law of 2000 on Transport Compensation, Article 7) O. LUXEMBOURG Income for the seriously disabled (Article 1(2), Law of 12 September 2003), with the exception of persons recognised as being disabled workers and employed on the mainstream labour market or in a sheltered environment P. HUNGARY (a) Invalidity annuity (Decree No 83/1987 (XII 27) of the Council of Ministers on Invalidity Annuity) (b) Non-contributory old age allowance (Act III of 1993 on Social Administration and Social Benefits) (c) Transport allowance (Government Decree No 164/1995 (XII 27) on Transport Allowances for Persons with Severe Physical Handicap) Q. MALTA (a) Supplementary allowance (Section 73 of the Social Security Act (Cap. 318) 1987) (b) Age pension (Social Security Act (Cap. 318) 1987) R. NETHERLANDS (a) Disablement Assistance Act for Handicapped Young Persons, of 24 April 1997 (Wajong) (b) Supplementary Benefits Act of 6 November 1986 (TW) S. AUSTRIA Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance (ASVG), Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce (GSVG) and Federal Act of 11 October 1978 on Social insurance for farmers (BSVG) T. POLAND Social pension (Act of 27 June 2003 on social pensions) U. PORTUGAL (a) Non-contributory State old-age and invalidity pension (Decree-Law No 464/80 of 13 October 1980) (b) Non-contributory widowhood pension (Regulatory Decree No 52/81 of 11 November 1981) (c) Solidarity supplement for the elderly (Decree-Law No 232/2005 of 29 December 2005, amended by Decree Law No 236/2006 of 11 December 2006 W. SLOVENIA (a) State pension (Pension and Disability Insurance Act of 23 December 1999) (b) Income support for pensioners (Pension and Disability Insurance Act of 23 December 1999) (c) Maintenance allowance (Pension and Disability Insurance Act of 23 December 1999) X. SLOVAKIA (a) Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income (b) Social pension which has been awarded before 1 January 2004 Y. FINLAND (a) Housing Allowance for pensioners (Act concerning the Housing Allowance for pensioners, 571/2007) (b) Labour market support (Act on Unemployment Benefits 1290/2002) (c) Special assistance for immigrants (Act on Special Assistance for Immigrants, 1192/2002) Z. SWEDEN (a) Housing supplements for persons receiving a pension (Law 2001: 761) (b) Financial support for the elderly (Law 2001: 853) AA. UNITED KINGDOM (a) State Pension credit (State Pension Credit Act 2002 and State Pension Credit Act (Northern Ireland) 2002) (b) Income-based allowances for jobseekers (Jobseekers Act 1995 and Jobseekers (Northern Ireland) Order 1995) (c) Income Support (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992) (d) Disability Living Allowance mobility component (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992)”. Or. en

source: PE-402.505

History

(these mark the time of scraping, not the official date of the change)

2015-11-04Show (3) Changes | Timetravel

activities/11/docs/0/url	Old http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0648/COM_COM(2008)0648_EN.pdf New http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2008/0648/COM_COM(2008)0648_EN.pdf
activities/21/docs/1/url	Old http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:284:TOC New http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:284:SOM:EN:HTML
links/European Commission/title	Old PreLex New EUR-Lex

2014-11-10Show (5) Changes

activities	date: 2006-01-24T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0007/COM_COM(2006)0007_EN.pdf celexid: CELEX:52006PC0007:EN type: Legislative proposal published title: COM(2006)0007 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: ŠPIDLA Vladimír date: 2006-02-14T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: EMPL date: 2008-12-02T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CREMERS Jan body: EP responsible: True committee: EMPL date: 2006-02-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: BOZKURT Emine body: CSL meeting_id: 2733 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2733&MEET_DATE=01/06/2006 type: Debate in Council title: 2733 council: Employment, Social Policy, Health and Consumer Affairs date: 2006-06-01T00:00:00 type: Council Meeting body: CSL meeting_id: 2767 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2767&MEET_DATE=30/11/2006 type: Debate in Council title: 2767 council: Employment, Social Policy, Health and Consumer Affairs date: 2006-11-30T00:00:00 type: Council Meeting body: CSL meeting_id: 2803 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2803&MEET_DATE=30/05/2007 type: Debate in Council title: 2803 council: Employment, Social Policy, Health and Consumer Affairs date: 2007-05-30T00:00:00 type: Council Meeting body: CSL meeting_id: 2837 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2837&MEET_DATE=05/12/2007 type: Debate in Council title: 2837 council: Employment, Social Policy, Health and Consumer Affairs date: 2007-12-05T00:00:00 type: Council Meeting date: 2008-05-29T00:00:00 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-12-02T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CREMERS Jan body: EP responsible: True committee: EMPL date: 2006-02-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: BOZKURT Emine type: Vote in committee, 1st reading/single reading date: 2008-06-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-229&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0229/2008 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-12-02T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CREMERS Jan body: EP responsible: True committee: EMPL date: 2006-02-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: BOZKURT Emine type: Committee report tabled for plenary, 1st reading/single reading body: CSL meeting_id: 2876 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2876&MEET_DATE=09/06/2008 type: Debate in Council title: 2876 council: Employment, Social Policy, Health and Consumer Affairs date: 2008-06-09T00:00:00 type: Council Meeting date: 2008-07-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080709&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-349 type: Decision by Parliament, 1st reading/single reading title: T6-0349/2008 body: EP type: Debate in Parliament body: CSL meeting_id: 2893 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2893&MEET_DATE=02/10/2008 type: Debate in Council title: 2893 council: Employment, Social Policy, Health and Consumer Affairs date: 2008-10-02T00:00:00 type: Council Meeting date: 2008-10-15T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0648/COM_COM(2008)0648_EN.pdf celexid: CELEX:52008PC0648:EN type: Modified legislative proposal published title: COM(2008)0648 type: Modified legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: ŠPIDLA Vladimír date: 2008-12-16T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2916 date: 2008-12-17T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14518%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Council position published title: 14518/1/2008 body: CSL type: Council position published date: 2009-01-15T00:00:00 body: EP type: Committee referral announced in Parliament, 2nd reading committees: body: EP responsible: True committee: EMPL date: 2008-12-02T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CREMERS Jan body: EP responsible: True committee: EMPL date: 2006-02-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: BOZKURT Emine date: 2009-03-31T00:00:00 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-12-02T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CREMERS Jan body: EP responsible: True committee: EMPL date: 2006-02-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: BOZKURT Emine type: Vote in committee, 2nd reading date: 2009-04-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-207&language=EN type: Committee recommendation tabled for plenary, 2nd reading title: A6-0207/2009 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-12-02T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CREMERS Jan body: EP responsible: True committee: EMPL date: 2006-02-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: BOZKURT Emine type: Committee recommendation tabled for plenary, 2nd reading date: 2009-04-22T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=17083&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-222 type: Decision by Parliament, 2nd reading title: T6-0222/2009 body: EP type: Results of vote in Parliament date: 2009-07-27T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 2957 date: 2009-09-16T00:00:00 body: CSL type: Final act signed date: 2009-09-16T00:00:00 body: EP type: End of procedure in Parliament date: 2009-10-30T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009R0988 title: Regulation 2009/988 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:284:TOC title: OJ L 284 30.10.2009, p. 0043
committees	body: EP responsible: True committee: EMPL date: 2008-12-02T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CREMERS Jan body: EP responsible: True committee: EMPL date: 2006-02-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: BOZKURT Emine
links	National parliaments url: http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2006&number=0008&appLng=EN title: IPEX European Commission url: http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2006&DocNum=0008 title: PreLex
other	body: CSL type: Council Meeting council: Former Council configuration body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
procedure	dossier_of_the_committee EMPL/6/71622 reference 2006/0008(COD) instrument Regulation legal_basis EC Treaty (after Amsterdam) EC 042 EC Treaty (after Amsterdam) EC 308 stage_reached Procedure completed summary Amending Regulation (EC) No 883/2004 subtype Legislation title Coordination of social security systems: amending Annexes type COD - Ordinary legislative procedure (ex-codecision procedure) final url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009R0988 title: Regulation 2009/988 subject 2.20 Free movement of persons 4.10.10 Social protection, social security

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