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Dp 05 tillämpningsbestämmelser samordn soc trygghetssystem 9099 06

Bilaga till dokument från EU-nämnden 2005/06:1303 Till p. 1-4

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Dp 05 tillämpningsbestämmelser samordn soc trygghetssystem 9099 06(docx, 44 KB)

COUNCIL OF

THE EUROPEAN UNION

Brussels, 12 May 2006

Interinstitutional File:

2006/0006 (COD)

9099/06

LIMITE

SOC 218

CODEC 442

NOTE

from :

General Secretariat

to :

Permanent Representatives Committee (Part 1)/Council (EPSCO)

No. Cion prop. :

5896/06 SOC 44 CODEC 93 - COM(2006) 16 final

Subject :

Proposal for a Regulation of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

– – Partial general approach

= Titles I and II

I. – INTRODUCTION

On 29 April 2004, the European Parliament and the Council adopted Regulation (EC) No 883/2004 on the coordination of social security systems (hereinafter referred to as the "basic Regulation") which is intended to replace Regulation (EEC) No 1408/71. Article 89 of the basic Regulation requires that a Regulation laying down the procedures for its implementation be adopted. To this effect, on 31 January 2006, the Commission submitted the above-mentioned proposal for a Regulation to the Council.


On 24 January 2006, the Commission also submitted a proposal for a Regulation amending Regulation (EC) No 883/2004 and determining the contents of Annex XI (doc.5896/06). This proposal provides for supplementary provisions regarding specific aspects of individual Member States' legislations in order to ensure that the basic Regulation is smoothly applied in the Member States concerned.

The objective of the proposal for an implementing Regulation is to complete the process of modernising the rules currently applicable in this field, thus replacing the current implementing Regulation (Regulation (EEC) No 574/72). It aims, in particular, to define for all the parties involved (insured persons, their employers as the case may be, social security institutions and the competent authorities of the Member States) the procedures for implementing in practice the rules set out in the basic Regulation.

The proposal completes the modernisation work done by the basic Regulation and seeks to improve current procedures by simplifying them and clarifying the existing provisions in many areas. In this respect, the proposal is intended to clarify the rights and obligations of the various stakeholders.

The proposed legal bases being Articles 42 and 308 of the Treaty, the Council is required to act unanimously, in accordance with the co-decision procedure with the European Parliament.

The European Parliament and the Economic and Social Committee have not yet delivered their opinions.

In view of the subject matter, the Regulation to be adopted will also apply to the European Economic Area.


Due to the complexity and urgency of this file, and in accordance with the approach already taken in Council's discussions on the basic Regulation, it has been decided to aim for Council's agreement on a chapter-by-chapter basis.

In addition, in order to determine, for each Title of the proposal for a Regulation implementing the basic Regulation, whether the measures which are needed are either of a horizontal nature (if they are to cater for several Member States' similar specificities with regard to their social security systems and thus should be dealt with in the draft implementing Regulation) or specific to particular Member States (and should thus be subject to specific entries in the draft Regulation on Annex XI to the basic Regulation), the Social Questions Working Party agreed, at the initiative of the Presidency, to examine the two proposals jointly.

At the initiative of the Presidency, the Social Questions Working Party therefore undertook to examine Titles I (General Provisions) and II (Determination of the legislation applicable) in parallel with the relevant parts of the proposal for a Regulation amending the basic Regulation and determining the content of Annex XI. At its meeting on 10 May 2006, it reached broad agreement on the text of these Titles, as set out in the Addendum to this note, subject to a number of scrutiny reservations as indicated below. The Social Questions Working Party also reached agreement in principle on the relevant parts of the proposal for a Regulation amending the basic Regulation and determining the content of Annex XI (doc.7772/06).

The Danish, French and United Kingdom delegations entered parliamentary scrutiny reservations. In addition:

the Italian delegation entered a scrutiny reservation on Article 2(2);

the Belgian delegation entered a positive scrutiny reservation on Article 11(1)(b) vi);


the Finnish delegation maintained a scrutiny reservation on Title II;

the Finnish delegation entered a scrutiny reservation on Article 14(10);

the Danish and Finnish delegations entered scrutiny reservations on Article 20.

– All delegations entered linguistic scrutiny reservations pending availability of the text in – their own languages.

The explanatory note in Annex II to the Addendum to this note states that the Council's agreement is provisional since :

only part of the text has been examined;

the agreement on the relevant parts of the text of the draft Regulation defining the contents of Annex XI is provisional.

11. – Pending the European Parliament's Opinion in first reading, the Permanent Representatives Committee is therefore invited to solve the remaining issues and to recommend the Council to reach a general approach on the text of Titles I and II of the proposal for a Regulation as set out in Annex I to the Addendum to this Report, subject to the conditions laid down in the explanatory note.