51998AP0052

A4-0052/98

Proposal for a Council Regulation 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 working within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (COM(97)0378 - C4-0450/97 - 97/0201(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1(-1) (new)

Title (Regulation (EEC) 1408/71)

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-1.

The title is replaced by the following:

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'Regulation (EEC) No 1408/71 on the application of social security schemes to persons moving within the Community'

(Amendment 2)

ARTICLE 1(-1a) (new)

Article 2 (Regulation (EEC) 1408/71)

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-1a. Article 2 is replaced by the following:

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'Article 2

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1.

This Regulation shall apply to employed or self-employed persons and students who are or have been subject to the legislation of one or more Member States and who are nationals of one of the Member States or who are stateless persons or refugees residing within the territory of one of the Member States, as well as to the members of their families and their survivors.

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2.

In addition, this Regulation shall apply to the survivors of employed or self-employed persons and students who have been subject to the legislation of one or more Member States, irrespective of the nationality of such employed or self-employed persons or students, where their survivors are nationals of one of the Member States or stateless persons or refugees residing within the territory of one of the Member States.

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3. This Regulation shall also apply to persons who are not referred to in paragraphs 1 and 2 of this Article, provided that they are or have been subject to the legislation of one or more Member States and that they are nationals of one of the Member States or stateless persons or refugees residing within the territory of one of the Member States.'

(Amendment 3)

ARTICLE 1(-1b) (new)

Article 20 (Regulation (EEC) 1408/71)

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-1b. Article 20 is replaced by the following:

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'Article 20

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'Frontier workers may also obtain benefits in the territory of the competent state. Such benefits shall be provided by the competent institution in accordance with the legislation of that State, as though the workers were resident there. Members of their families or their survivors may receive benefits in kind under the same conditions.

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If, in the Member State of residence, access to social security is conditional upon having worked, totally unemployed frontier workers shall, both during the period of unemployment and on and after reaching pensionable age, be entitled to receipt of sickness benefit on the basis of their occupational activity in the country where they worked.'

(Amendment 4)

ARTICLE 1(2a) (new)

Article 31a (new) (Regulation (EEC) 1408/71)

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2a. The following Article 31a is inserted after Article 31:

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'Article 31a

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Former frontier workers, who are entitled to draw a retirement pension under the legislation of the Member State on whose territory they worked as a frontier worker, and members of their families or their survivors shall also be entitled to receive benefits from, with the cost borne by, the institution of that Member State as if they were resident there.'

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation 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 working within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (COM(97)0378 - C4-0450/97 - 97/0201(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0378 - 97/0201(CNS) ((OJ C 290, 24.9.1997, p. 28.)),

- having been consulted by the Council pursuant to Article 235 of the EC Treaty (C4-0450/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0052/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.