P8_TA(2019)0180

Establishing contingency measures in the field of social security coordination following the UK's withdrawal from the EU ***I

European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council on establishing contingency measures in the field of social security coordination following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (COM(2019)0053 — C8-0039/2019 — 2019/0019(COD))

(Ordinary legislative procedure: first reading)

(2021/C 23/67)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2019)0053),

—	having regard to Article 294(2) and Article 48 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0039/2019),

—	having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

—	having regard to the undertaking given by the Council representative by letter of 25 February 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

—	having regard to Rule 59 of its Rules of Procedure,

—	having regard to the report of the Committee on Employment and Social Affairs (A8-0161/2019),

Adopts its position at first reading hereinafter set out;

Takes note of the Commission statement annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

P8_TC1-COD(2019)0019

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council establishing contingency measures in the field of social security coordination following the withdrawal of the United Kingdom from the Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/500.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Commission Statement

The Regulation on establishing contingency measures in the field of social security coordination following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is based on Article 48 of the Treaty on the Functioning of the European Union (TFEU) as it concerns measures in the field of social security coordination. An extension of this Regulation to third-country nationals in the same legal act is not possible due to the incompatibility of the legal bases, as such an extension would need to be based on Article 79(2)(b) TFEU.

The Commission considers that third-country nationals covered by Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 should continue to benefit from the basic principles of social security coordination intended to be codified in the Regulation on establishing contingency measures in the field of social security coordination, based on the provisions of Regulation (EU) No 1231/2010 and of Regulations (EC) No 883/2004 and (EC) No 987/2009, which remain in force.

The Commission will consider, however, if it becomes necessary at a later stage, to have the principles set out in this Regulation extended to third country nationals legally resident in a Member State who, pursuant to Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010, are or have been covered by the EU legislation on coordination of social security systems to confirm their entitlements in relation to the period when the United Kingdom was a Member State.