51994AC1009

Opinion on the proposal for a Council Regulation (EC) amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, Regulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71 and Regulation No 1945/93 amending Regulation (EEC) No 1247/92 [COM(94) 135 final] (94/C 393/14)

On 14 July 1994 the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Economic Community, on the abovementioned proposal.

The Section for Social, Family, Educational and Cultural Affairs, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 18 July 1994. The Rapporteur was Mr Pearson.

At its 318th Plenary Session (meeting of 14 September 1994), the Economic and Social Committee adopted unanimously the following Opinion.

1. Introduction

1.1. The Committee welcomes this proposal [COM(94) 135 final] in that it represents further necessary amending and updating of the texts () to facilitate greater coordination of the social security systems to accommodate the future convergence of the social security policies of the Member States.

1.2. The proposal aims to update the Community Regulations in the light of a number of changes to form, substance, and administration made by national legislations since the previous update, especially to take account of bilateral agreements concluded between Member States and to improve the understanding, and functioning of the coordination.

1.3. The Committee draws attention to Article 2 of Regulation 1408/71 (as amended at 1247/92) in which the conditions are to apply equally to civil servants. The necessary legislation should be put in place, without delay, in those Member States which have not yet done so to enable the freedom of movement envisaged in that Regulation.

1.4. The Committee is pleased to note, since it is desirable and timely, that the Commission proposes to update and reproduce the 'Compendium of Social Security' Regulations (EEC) No 1408/71 and No 574/72, in a new format in 1994 for all to consult and for those in the Member States who require the information readily available.

Article 1

Concerns amendments to Regulation (EEC) No 1408/71.

These amendments aim to protect certain rights and to remove any misinterpretation or misunderstanding of the existing text relating to:

a)

the deduction and collection of contributions from wholly unemployed workers for certain defined benefits by the Member State of residence in accordance with the provisions of its legislation;

b)

extending the law for the protection of family benefits;

c)

housing allowance in the state of residence;

d)

integration of transitional bilateral agreements for Spain, Portugal and any other Member State;

e)

the definition of 'member of the family' in Ireland and UK;

f)

include the non-exportable, non-contributory rehabilitation benefit in Denmark;

g)

the removal of 'cost of living allowance' since this no longer exists in Luxembourg;

h)

updating agreements between Germany and Greece regarding insurance periods, and to facilitate the restructuring of the Greek social insurance.

Article 2

Concerns the amendments to Regulation (EEC) No 574/72.

These related to the laying down of procedures for implementing the changes to the previous Article 1 - Regulation (EEC) No 1408/71, and also changes in form and administration made within certain Member States.

a)

choice of sickness fund in Germany;

b)

guaranteeing all the rights of the family;

c)

specific account of actual expenditure;

d)

conversion of currencies;

e)

lists of competent institutions - new titles or addresses, or administrative reorganization within the Member States (Denmark, Luxembourg, Netherlands);

f)

reciprocal waiving of reimbursements or methods of reimbursement.

Articles 3 and 4

Relate to the administration and coordination of the social security systems in Spain and Portugal with the other Member States, and the ending of certain transitional arrangements. This leads to greater understanding of the texts and working arrangements within the European Union.

Article 5

2. Conclusion

2.1. The Committee welcomes these necessary amendments in that they create a greater administrative reality and constitute a further step in coordination of social security and health systems with the EU. The Committee in earlier Opinions (e.g. OJ No C 207, 18. 8. 1986) pointed to the detailed and complex nature of the various Community Social Security regulations: it drew attention to the need for a document setting out in simple terms, the obligations and benefits incurred by citizens of Member States moving and working or residing within the Community.

2.2. The 'Compendium of Social Security' is currently being revised (last update 1989). There is a greater need for this document to be updated and made available, than ever before and the Committee anticipates receipt of the new document at an early date. A Data Base containing all the information should also be developed so that accurate, reliable and up to date facts can be readily accessed.

2.3. The Committee agrees this Regulation should enter into force on the first day of the month following its publication in the Official Journal of the European Communities, recognizing that this Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 September 1994.

The President

of the Economic and Social Committee

Susanne TIEMANN

() Reg. (EEC) No 1408/71, Reg. (EEC) No 574/72, Reg. (EEC) No 1247/92, Reg. (EEC) No 1945/93.