Extension of Regulation No 1408/71 to nationals of Non-EU Member Countries

The European Union extends the provisions of Regulation No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community to third-country nationals legally resident in a Member State.

ACT

Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality.

SUMMARY

This Regulation aims to ensure that all third-country nationals who legally reside within the Community and meet the other requirements of Regulation (EEC) No 1408/71 have the right to social security benefits when they move to another Member State in order to stay, live or work there.

Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 have to date applied only to certain categories of third-country nationals, i.e. stateless persons, refugees and survivors of Community citizens or members of their family as defined by the Regulation itself.

The number and diversity of instruments used to resolve problems involving social security schemes have created a complex legal situation that this Regulation is trying to untangle. Regulation (EEC) No 1408/71 is therefore to be applied in full knowledge of the fact that it does not confer the right of residence or access to the labour market. In addition, legal residence is a precondition for this Regulation to be applied.

Moreover, transitional provisions have been adopted to enable third-country nationals to retain the rights that they acquired before the entry into force of this Regulation.

Background

At the Tampere European Council, the Heads of State or Government underlined the need to ensure fair treatment to third-country nationals who reside legally in a Member State in order for their situation to be comparable to that of EU citizens.

The Charter of Fundamental Rights proclaimed at the Nice IGC (Intergovernmental Conference) in December 2000 recognises a number of rights both in respect of Community and non-Community nationals.

More recently, the Commission adopted a directive relating to the status of long-term nationals that provides, among other things, for the possibility of the holder to exercise the right of residence in a Member State other than the one which granted him the right of residence.

RELATED ACTS

Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community [Official Journal L 149 of 05.07.1971].

Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community [Official Journal L 74 of 27.03.1972].

See also

For further information, please consult the following documents:

• Directive on long-term residents
• Fact sheet
• Scoreboard

Last updated: 09.09.2004