51995AC1301

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 and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 ()

(96/C 39/06)

On 15 September 1995 the Council decided, in accordance with Article 198 of the Treaty establishing the European Community, to consult the Economic and Social Committee on the above-mentioned 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 9 November 1995. The Rapporteur, who worked without a Study Group, was Mr Chevalier.

At its 330th Plenary Session (meeting of 22 November 1995), the Economic and Social Committee adopted the following Opinion unanimously.

1. General comments

1.1. The Committee welcomes the Proposal since it is necessary to carry on the work of amending and updating texts in order to facilitate the coordination of social security systems, thereby paving the way for the convergence of Member States' social security policies.

1.2. The Proposal is intended to update Community Regulations in the light of certain administrative, procedural or substantive amendments to national legislation, to take account of bilateral agreements signed between Member States and to improve coordination.

1.3. The Committee is pleased to note that in 1995 the Commission has updated and published the 'Compendium of Social Security Legislation'. It particularly appreciates the 'User's Guide' which should be of great value to members of social security schemes. The planned publication of a 'Pocket Guide' is a particularly welcome idea. Last but not least, the reference in each article to the case-law of the Court of Justice will make for a clearer interpretation of texts. The Committee congratulates the Commission and the editors of the publications.

2. Analysis of amendments

Article 1: Concerns amendments to Regulation (EEC) No 1408/71

1) The amendment to Article 1 u) i) states that 'adoption allowances' are to be treated in the same way as 'childbirth allowances'.

2) Insertion of a new Article 22 a) giving access to health care during a stay for occupational purposes.

3) Applies to Portugal and concerns retired civil servants and their families: deletion of Article 32 and amendment of Article 36 (following on from the deletion of Article 32).

4) Amendment to Annex I, section II: this is designed to clarify the concept of 'members of the family' for those Member States whose legislation with regard to sickness or maternity benefits in kind does not make it possible to identify these persons.

5) The amendment to Annex II, section II introduces provisions on adoption.

6) The amendment to Annex II A adds for Denmark an accommodation allowance for pensioners as a non-contributory benefit.

7) The amendment to Annex III (A and B), No 35, takes into consideration the German-Austrian bilateral agreements.

8) The amendment to Annex IV, section C takes account of British legislation regarding the calculation of benefits based on periods of payment of contributions and periods of insurance completed under the legislation of another Member State.

9) The amendments to Annex VI contain special procedures for applying the legislations of certain Member States.

Article 2: Concerns amendments to Regulation (EEC) No 574/72

1) The insertion of an Article 19 a) to facilitate the application of Article 21 of Regulation (EEC) No 1408/71, relating to benefits in kind when members of the family are residing in a Member State other than that in which the employed or self-employed person is residing.

2) Annexes 2, 3 and 4 are amended in order to mention the competent institutions.

3) Annex 5 aims to include the implementing provisions of bilateral conventions which have remained in force.

3. Conclusions

3.1. The Committee welcomes the proposed amendments since they are a vital part of the updating procedure and help further improve the coordination of social security systems in the European Union.

3.2. The Committee would nevertheless like to see the Commission make particular efforts to remove the remaining lacunae and imperfections that continue to hinder the free movement of workers and members of their families.

Done at Brussels, 22 November 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 260, 5. 10. 1995, p. 13.