51995AP0107

A4-0107/95

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 (EEC) No 1945/93 amending Regulation (EEC) No 1247/92 (COM(94)0135 - C4-0042/94 - 94/0111(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1 (-1) (new)

Title (Regulation (EEC) No 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 1(j) (Regulation (EEC) No 1408/71)

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-1a. Article 1 is amended as follows:

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The third subparagraph of Article 1(j) is replaced by the following:

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'The provisions of the preceding subparagraph shall not have the effect of exempting from application of this Regulation the conventional provisions for those taking early retirement';

(Amendment 3)

ARTICLE 1 (-1b) (new)

Article 1(va) (new) (Regulation (EEC) No 1408/71)

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-1b. Article 1 is amended as follows:

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The following subparagraph (va) is inserted after (v):

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'(va) The term 'early retirement allowance' means any cash allowances, other than an early old age pension, paid from a certain age to a fully or partially unemployed worker up until such time as he qualifies for old age pension or a non-reduced early old age pension not dependent on his having to make himself available to the employment services of the competent State.

(Amendment 4)

ARTICLE 1 (-1c) (new)

Article 2(3a) (new) (Regulation (EEC) No 1408/71)

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-1c. In Article 2 the following paragraph 3a is inserted after paragraph 3:

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'3a. The provisions of Article 22(1)(a) and Article 31 shall also apply to subjects of third countries who are legally resident in the territory of a Member State and to the members of their families.'

(Amendment 5)

ARTICLE 1 (-1d) (new)

Article 4(4) (Regulation (EEC) No 1408/71)

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-1d. Article 4(4) is replaced by the following:

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'4. This Regulation shall not apply to social and medical assistance, nor to benefit schemes for victims of war or its consequences.'

(Amendment 6)

ARTICLE 1 (-1e) (new)

Article 20 (Regulation (EEC) No 1408/71)

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

'A frontier worker 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 worker were resident there. Members of his family and former frontier workers entitled to a pension or an early retirement allowance due under the legislation of the Member State in whose territory he worked as a frontier worker, and the members of their family or surviving relatives, may receive benefits in kind under the same conditions.

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If, in the Member State of residence, access to sickness benefit is dependent on work previously done, 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 in the Member State of residence on the basis of work done in the country where they were employed.'

(Amendment 8)

ARTICLE 1 (-1f) (new)

Article 25(2) (Regulation (EEC) No 1408/71)

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-1f. Article 25(2) is replaced by the following:

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'2. A totally unemployed person to whom the provisions of Article 71(1)(a)(ii) or the first sentence of (b)(ii) and workers to whom Article 71a apply shall receive benefits in kind and in cash in accordance with the legislation of the Member State in whose territory he resides, as though he had been subject to that legislation during his last employment, taking account where appropriate of the provisions of Article 18; the cost of such benefits shall be met by the institution of the country of residence.'

(Amendment 9)

ARTICLE 1(1a) (new)

Article 27(2) (new) (Regulation (EEC) No 1408/71)

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1a. Article 27 is amended as follows:

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The existing text becomes paragraph 1 and the following paragraph 2 is inserted:

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'2. In the case of a pensioner entitled to draw pensions from two or more Member States, the financial burden of assistance shall be borne by the Member State to whose legislation the pensioner was subject for the longest period.'

(Amendment 10)

ARTICLE 1(1b) (new)

Article 31(2)(new) (Regulation (EEC) No 1408/71)

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1b. Article 31 is amended as follows:

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The existing text becomes paragraph 1 and the following paragraph 2 is inserted:

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'2. A pensioner entitled to draw a pension under the legislation of one Member State or to draw pensions under the legislation of two or more Member States who is entitled to benefits under the legislation of one or more of those Member States shall, together with members of his family, be entitled, while in the territory of a Member State under whose legislation they are entitled to benefits, to benefits from, and at the expense of, the authorities of that Member State as if the pensioner in question were resident there'.

(Amendment 11)

ARTICLE 1 (1c) (new)

Article 31a (new) (Regulation (EEC) No 1408/71)

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1c. The following Article 31a is inserted after Article 31:

'Article 31a

A former frontier worker entitled to draw a pension under the legislation of the Member State on whose territory he worked as a frontier worker and who is entitled to benefits under such legislation shall also be entitled, together with members of his family or surviving relatives, to receive benefits from, and at the expense of, the authorities of that Member State as if he were resident there'.

(Amendment 12)

ARTICLE 1(3a) (new)

Article 71(1)(a)(ii) (Regulation (EEC) No 1408/71)

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3a. Article 71 is amended as follows:

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Paragraph 1(a)(ii) is replaced by the following:

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'(ii) A frontier worker who is wholly unemployed shall be entitled to unemployment benefit in the State where he is seeking employment, i.e. either the State where he was last employed, or the State of residence, according to the provisions of that State, as though he had been subject to that legislation while last employed; the institution of the place of residence or the place where he was last employed shall provide such benefits at its own expense;'

(Amendment 13)

ARTICLE 1(3b) (new)

Article 71a(new) (Regulation (EEC) No 1408/71)

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3b. The following Article 71a is inserted after Article 71:

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'Article 71a

Notwithstanding the provisions of Article 71(1)(a)(ii), a worker who, during his last employment, was resident in the territory of a Member State other than the competent State shall qualify for early retirement benefit in accordance with the legislation of that State as though he were residing in its territory.'

(Amendment 14)

ARTICLE 1(4a) (new)

Article 74(2) (new) (Regulation (EEC) No 1408/71)

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4a. Article 74 is amended as follows:

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The existing text becomes paragraph 1, and the following paragraph 2 is added:

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'2. The provisions of paragraph 1 shall apply mutatis mutandis to those in receipt of early retirement payments.'

(Amendment 15)

ARTICLE 1(4b) (new)

Article 77(1) (Regulation (EEC) No 1408/71)

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4b. Article 77(1) is replaced by the following:

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'1. The term 'benefits¨ for the purposes of this Article shall mean family allowances for persons receiving early retirement allowances or pensions for old age, invalidity or an accident at work or occupational disease, and increases or supplements to such pensions in respect of the children of such pensioners, with the exception of supplements granted under insurance schemes for accidents at work and occupational diseases.'

(Amendment 16)

ARTICLE 1(4c) (new)

Article 81(da) (new) (Regulation (EEC) No 1408/71)

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4c. Article 81 is amended as follows:

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The following subparagraph (da) is inserted after (d):

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'(da) To encourage and further develop cooperation between Member States with a view to finding solutions for specific problems concerning the social security of frontier workers, with reference inter alia to their social security contributions and the right to payments and benefits.'

(Amendment 17)

ARTICLE 2(1a) (new)

Article 19a (new) (Regulation (EEC) No 574/72)

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1a. The following Article 19a is inserted before Article 20:

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'Article 19a

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With a view to implementing Article 22(1)(a), the Commission shall submit a proposal to introduce a European health care card with effect from 1 January 1997.'

(Amendment 18)

ARTICLE 2(3)

Article 95 (Regulation (EEC) No 574/72)

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3. Article 95 is amended as follows:

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3. Article 95 is amended as follows:

(a) Paragraph 2 is replaced by the following:

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'2. The lump sum shall be determined by multiplying the average annual cost per pensioner by the average annual number of pensioners to be taken into account.'

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After paragraph 4, the following paragraph 4a is added:

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(b) After paragraph 4, the following paragraph 4a is added:

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'4a. For the implementation of this Article, the two spouses, each of whom receives an old-age pension under the legislation of a Member State and who live under the same roof on the territory of another Member State, shall be considered as one pensioner. This provision shall not apply where, up to the date on which the abovementioned pension was awarded, both spouses had been entitled to benefits in their capacity as employed persons.'

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'4a. For the implementation of this Article, the two spouses, each of whom receives an old-age pension under the legislation of a Member State and who live under the same roof on the territory of another Member State, shall be considered as one pensioner. This provision shall not apply where, up to the date on which the abovementioned pension was awarded, both spouses had been entitled to benefits in their capacity as employed persons.'

Legislative resolution embodying Parliament's 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 (EEC) No 1945/93 amending Regulation (EEC) No 1247/92 (COM(94)0135 - C4-0042/94 - 94/0111(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0135 - 94/0111(CNS) ((OJ C 143, 26.5.1994, p. 7.)),

- having been consulted by the Council pursuant to Articles 51 and 235 of the EC Treaty (C4-0042/94),

- having delegated the power of decision to the Committee on Social Affairs and Employment pursuant to Rule 52 of its Rules of Procedure,

- having regard to the report of the Committee on Social Affairs and Employment (A4-0107/95),

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

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