20.5.2003 Official Journal of the European Union L 1241 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and in particular Article 63, point 4 thereof, Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law. (5)  This Regulation respects the fundamental rights and Having regard to the proposal from the Commission (), observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the spirit of its Article 34(2). Having regard to the opinion of the European Parliament (%), Whereas: (6)  The promotion of a high level of social protection and the raising of the standard of living and quality of life in the Member States are objectives of the Community. (1)  Asits special meeting in Tampere on 15 and 16 October 1999, the European Council proclaimed that the European Union should ensure fair treatment of third- country nationals who reside legally in the territory of (7)  As regards the conditions of social protection of third- its Member States, grant them rights and obligations country nationals, and in particular the social security comparable to those of EU citizens, enhance non-discri- scheme applicable to them, the Employment and Social mination in economic, social and cultural life and Policy Council argued in its conclusions of 3 December approximate their legal status to that of Member States' 2001 that the coordination applicable to third-country nationals. nationals should grant them a set of uniform rights as near as possible to those enjoyed by EU citizens. 2)  In its resolution of 27 October 1999 (°), the European Parliament called for prompt action on promises of fair treatment for third-country nationals legally resident in (8)  Currently, Council Regulation (EEC) No 140871 of 14 the Member States and on the definition of their legal June 1971 on the application of social security schemes status, including uniform rights as close as possible to to employed persons and their families moving within those enjoyed by the citizens of the European Union. the Community (°), which is the basis for the coordina- tion of the social security schemes of the different Member States, and Council Regulation (EEC) No 574/ (3)  The European Economic and Social Committee has also 72 of 21 March 1972, laying down the procedure for appealed for equal treatment of Community nationals implementing Regulation (EEC) No 1408/71 (%), apply and third-country nationals in the social field, notably in only to certain third-country nationals. The number and its opinion of 26 September 1991 on the status of diversity of legal instruments used in an effort to resolve migrant workers from third countries (*). problems in connection with the coordination of the Member States' social security schemes encountered by nationals of third countries who are in the same situa- (4)  Article 6(2) of the Treaty on European Union provides tion as Community nationals give rise to legal and that the Union shall respect fundamental rights, as guar- anteed by the European Convention on the Protection of Human Rights and Fundamental Freedoms signed in () OJ C 126 E, 28.5.2002, p. 388. administrative complexities. They create major difficul- ties for the individuals concerned, their employers, and the competent national social security bodies. () OJ L 149, 5.7.1971, p. 2; Regulation last amended by Regulation (EC) No 1386/2001 ogthe European Parliament and of the Council (OJ'L 187, 10.7.2001, p. 1). () OJ L 74, 27.3.1972, p. 1; Regulation last amended by Commission Regulation (EC) No 410/2002 (OJ L 62, 5.3.2002, p. 17). () Opinion of 21 November 2002 (not yet published in the Official Journal). () O] C 154, 5.6.2000, p. 63. () 0] C 339, 31.12.1991, p. 82.