Proposal for a Regulation of the European Parliament and of the Council amending Council 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 Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71
26. 9. 2000 EN Official Journal of the European Communities C 274 E/113 Proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 to self-employed persons and to members of (2000/C 274 E/13) (Text with EEA relevance) COM(2000) 186 final - 2000/0070(COD) (Submitted by the Commission on 28 April 2000) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 308 thereof, Having regard to the proposal from the Commission, presented after consulting the Administrative Commission on Social Security for Migrant Workers, Having regard to the Opinion of the Economic and Social Committee, Acting in accordance with the procedure laid down in Article 251 of the Treaty, Whereas: social (1) It is appropriate to make certain amendments to Council Regulations (EEC) No 1408/71 of 14 June 1971 on the application of to employed security schemes to self-employed persons and to members of persons, their families moving within the Community (1) and (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of to employed security schemes to self-employed persons and to members of persons, their families moving within the Community (2). These amendments are linked to changes which Member States have made to their social security legislation. social (2) Following the notification by the French Government to the President of the Council of a declaration making Regu- lation (EEC) No 1408/71 applicable to the two French supplementary pension schemes ARRCO and AGIRC, it seems appropriate to facilitate the application of Regulation (EEC) No 1408/71 to the schemes by adding new points to Annexes IV Part C and Annex VI, chiefly to take account of the supplementary nature of these schemes by comparison with the basic regimes, and of the fact that the benefits they grant are calculated on the basis of the number of pension points acquired, the periods completed. independent of (1) OJ L 149, 5. 7. 1971, p. 2. Regulation as updated by Regulation (EC) No 118/97 (OJ L 28, 30. 1. 1997, p. 1) and last amended by Regu- lation (EC) No 1399/1999 (OJ L 164, 30. 6. 1999, p. 1). (2) OJ L 74, 27. 3. 1972, p. 1. Regulation as updated by Regulation (EC) No 118/97 (OJ L 28, 30. 1. 1997, p. 1) and last amended by Regu- lation (EC) No 1399/1999 (OJ L 164, 30. 6. 1999, p. 1). (3) It is appropriate to clarify that benefits of the Austrian statutory pre-retirement granted according to the provisions of Title III Chapter 3 of Regu- lation (EEC) No 1408/71. scheme to be are (4) To take account of the judgment of the Court of Justice of the European Communities of 11 June 1998 in Case C-275/96 Kuusijärui v Riksförsäkringsverket (3), section N. SWEDENí of Annex VI should be amended. (5) It is appropriate to amend Article 34(5) of Regulation (EEC) No 574/72 in order to separate it from Article 34(4) and hence no longer to refer to the reimbursement procedure subject to a ceiling where the expenses have been incurred during a stay in a Member State which does not provide for rates of reimbursement. (6) It is necessary to amend Article 93(1) of Regulation (EEC) No 574/72 to take account of Council Regulation (EC) No 307/1999 (4), extending Regulation (EEC) No 1408/71 to students; (7) It is appropriate to amend Article 107 of Regulation (EEC) No 574/72 following the introduction of the Euro on 1 January 1999. it (8) In order to attain the objective of relating to the coordination of national for is necessary and appropriate to amend the workers, social rules instrument security schemes through a Community legal that is binding and directly applicable in each Member State. free movement (9) With the exception of Article 42, provide, other than those under Article 308, the adoption of for the Treaty does not this Regulation, powers HAVE ADOPTED THIS REGULATION: Article 1 Annexes IV and VI amended in accordance with the Annex to this Regulation. to Regulation (EEC) No 1408/71 are (3) [1998] ECR I-3419. (4) OJ L 38, 12. 2. 1999, p. 1. C 274 E/114 EN Official Journal of the European Communities 26. 9. 2000 Article 2 1. For the purposes of the following provisions: Regulation (EEC) No 574/72 is amended as follows: 1. Article 34(5) is replaced by the following: 5. If the legislation of the State of stay does not provide for rates of reimbursement, the competent institution may effect the reimbursement in accordance with the rates it administers, without person concerned being necessary. In any case, the amount of reim- bursement shall not exceed the amount of the expenses actually incurred. í agreement the the of 2. Article 93(1) is replaced by the following: The actual amount of benefits to Article 19(1) and (2) of in kind provided 1. pursuant the Regulation to employed and self-employed persons and to members of their families residing in the territory of the same Member State, and benefits in kind provided pursuant to Articles (3) and (4), 26, 31, 34a or 21(2), 22, 22a, 22b, 25(1), 34b of the shall be competent institution to the institution which provided the said benefits as shown in the accounts of that insti- tution. í the Regulation, refunded by last sentence, Article 22(1)(ii), (a) Regulation: Article 12(2), (3) and (4), Article 14d(1), last Article 19(1)(b), sentence, sentence, Article 25(1)(b), penultimate and (d), Article 46(4), Article Article 41(1)(c) sentence, 46a(3), Article 50, Article 52(b), Article 55(1)(ii), first subparagraph, Article 71(1)(a)(ii) and (b)(ii), penul- timate sentence; last sentence, Article 70(1), last (b) implementing Regulation: Article 34(1), (4) and (5), the rate for the conversion into a currency of amounts denominated in another currency shall be the rate calculated by the Commission and based on the monthly average, during the reference period specified reference rates of exchange of in paragraph 2, of currencies published by the European Central Bank. í (b) Paragraph 3 is deleted. Article 3 This Regulation shall enter into force on the first day of the second month following its publication in the Official Journal of the European Communities. 3. Article 107 is amended as follows: (a) Paragraph 1 is replaced by the following: This Regulation shall be binding in its entirety and directly applicable in all Member States. 26. 9. 2000 EN Official Journal of the European Communities C 274 E/115 Annexes IV and VI to Regulation (EEC) No 1408/71 are amended as follows: ANNEX 1. In Annex IV, Part C, Section E. FRANCEí, the word Noneí is replaced by the following: All applications for pension benefits or survivor’s benefits under supplementary pension schemes for employees. í 2. Annex VI is amended as follows: (a) Section E. FRANCEí is amended as follows: (i) In point 3, the following indent is added: á- The preceding conditions also hold good when applying to other Member States’ nationals the provisions which allow a French employed worker pursuing his activity outside France to voluntarily join a French supplementary pension scheme for employed workers either directly or via his employer. í (ii) Point 5 is replaced by the following: 5. For the calculation of the theoretical amount referred to in Article 46(2)(a) of the Regulation, in basic or complementary schemes in which old-age pensions are calculated on the basis of retirement points, the competent institution shall take into account, in respect of each of the years of insurance completed under the legislation of any other Member State, the number of retirement points arrived at by dividing the number of retirement points acquired under the legislation it applies by the number of years corresponding to these points. í (iii) The following point 9 is added: 9. The French legislation applicable to an employed worker or a former employed worker for the purposes of applying Chapter 3 of Title III of the Regulation is deemed to apply both to the basic old-age insurance scheme(s) and to the supplementary pension scheme(s) to which the person concerned has been subject. í (b) In Section K. AUSTRIAí, the following point 7 is added: 7. Special assistance under the Special Assistance Act (SUG) of 30 November 1973 shall be considered as an old-age pension for the purposes of applying the Regulationí. (c) In Section N. SWEDENí, point 1 is replaced by the following: 1. For the application of Article 72 of the Regulation, a person’s entitlement to parental benefit shall be determined by regarding employment periods completed in another Member State as being based on the same average income as the Swedish employment periods with which they are aggregated. í