Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | CREMERS Jan (PSE) | |
Lead | EMPL | BOZKURT Emine (PSE) |
Legal Basis EC Treaty (after Amsterdam) EC 042, EC Treaty (after Amsterdam) EC 308
Activites
- 2009/10/30 Final act published in Official Journal
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2009/09/16
Final act signed
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2009/09/16
End of procedure in Parliament
- #2957
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2009/07/27
Council Meeting
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2009/04/22
Results of vote in Parliament
- Results of vote in Parliament
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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the Parliament feels that it should be made clear that, in principle, the aim of this revision is to have Annex III repealed (unless there are compelling reasons to do otherwise).The possible repeal of Annex III should be based on the results of an impact assessment to be carried out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
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2009/03/31
Vote in committee, 2nd reading
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2009/01/15
Committee referral announced in Parliament, 2nd reading
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2008/12/17
Council position published
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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.
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14518/1/2008
summary
- #2916
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2008/12/16
Council Meeting
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2008/10/15
Modified legislative proposal published
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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
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COM(2008)0648
summary
- #2893
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2008/10/02
Council Meeting
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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.
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2893
summary
-
2008/07/09
Debate in Parliament
- Debate in Parliament
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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
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2008/06/09
Council Meeting
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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.
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2876
summary
- 2008/06/05 Committee report tabled for plenary, 1st reading/single reading
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2008/05/29
Vote in committee, 1st reading/single reading
- #2837
- 2007/12/05 Council Meeting
- #2803
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2007/05/30
Council Meeting
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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.
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2803
summary
- #2767
- 2006/11/30 Council Meeting
- #2733
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2006/06/01
Council Meeting
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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.
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2733
summary
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2006/02/14
Committee referral announced in Parliament, 1st reading/single reading
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2006/01/24
Legislative proposal published
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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
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COM(2006)0007
summary
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 #
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 #
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 #
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 #
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 #
Proposal for a regulation – amending act Annex – point -1 a (new) Regulation (EC) No 883/2004 Annex I – Part I Amendment 82 #
Proposal for a regulation – amending act Annex – Point 1 Regulation (EC) No 883/2004 Annex I – Part II 1
Amendment 83 #
Proposal for a regulation – amending act Annex – point 1 a (new) Regulation (EC) No 883/2004 Annex II Amendment 84 #
Proposal for a regulation – amending act Annex – point 2 b (new) Regulation (EC) No 883/2004 Annex X source: PE-402.505
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