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THE EUROPEAN UNION |
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MIGR 21 |
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Delegations will find attached a Presidency's text proposal to be discussed at the meeting of the Social Questions Working Party, on 23 February 2010.
___________________
ANNEX
Presidency's
text proposal
Draft
COUNCIL REGULATION
extending the provisions of Regulation (EC) No 883/2004 and Regulation
(EC) No [
] 987/2009 to nationals of third countries who are not
already covered by these provisions solely on the ground of their nationality
THE COUNCIL OF THE EUROPEAN UNION,
Having
regard to the Treaty establishing the European Community on the Functioning
of the European Union, and in particular Article 63(4) 79(2)(b)
thereof,
Having regard to the proposal from the Commission[1],
Having
regard to the opinion of the European Parliament[2],
Having regard to the opinion of the European Economic and Social Committee,[3]
Having regard to the opinion of the Committee of the Regions,[4]
Acting
in accordance with the ordinary legislative procedure[5],
Whereas:
Since the special meeting in Tampere in 1999 the European Parliament[6], the Council and the European Economic and Social Committee[7] have called for the better integration of nationals of third countries who are legally resident in the territory of Member State by giving them a set of uniform rights as close as possible to those enjoyed by citizens of the European Union.
(1) The Justice and Home Affairs Council of 1 December 2005 stressed that the European Union must ensure fair treatment of third-country nationals residing legally in the territory of the Member States and that a more vigorous integration policy should be geared to granting them rights and obligations comparable to those of EU citizens.
(2) Council Regulation (EC) No 859/2003 of 14 May 2003 extended the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 on the coordination of Member States' statutory social security schemes to the nationals of third countries who were not already covered by these provisions solely on the ground of their nationality[8].
(3)
This Regulation respects the
fundamental rights and observes the principles recognised, in particular, by
the Charter of Fundamental Rights of the European Union, notably Article 34(2)
thereof.
(4)
Regulation (EC) No 883/2004 of the
European Parliament and of the Council of 29 April 2004 on the coordination of
social security systems[9]
replaces Regulation (EEC) No 1408/71. Regulation (EC) No [
] 987/2009
replaces Regulation (EEC) No 574/72. Regulations (EEC) No 1408/71 and (EEC) No
574/72 shall be repealed with effect from the date of application of Regulation
(EC) No 883/2004 and Regulation (EC) No [
] 987/2009.
(5)
Regulation (EC) No 883/2004 and its
implementing Regulation Regulation (EC) No 987/2009 significantly
update and simplify the coordination rules for insured persons as well as
social security institutions. For the latter, the updated coordination aims to
accelerate and facilitate the processing of data on insured persons' rights to
benefits and to reduce the corresponding administrative costs.
(6)
Promoting a high level of social
protection and raising the standard of living and the quality of life in the
Member States are objectives of the European Union.
(7)
In order to avoid a situation where
employers and national social security bodies have to manage complex legal and
administrative situations concerning only a limited group of persons, it is
important to enjoy the full benefits of modernisation and simplification in the
field of social security by making use of a single legal coordination
instrument in the form of Regulation (EC) No 883/2004 and its implementing
Regulation Regulation (EC) No 987/2009.
(8) Hence, it is necessary to adopt a legal instrument to replace Regulation (EC) No 859/2003 with the basic aim of substituting the application of Regulation (EEC) No 883/2004 for Regulation (EC) No 1408/71.
(9)
The application of Regulation (EEC) No
883/2004 and Regulation (EC) No [
] 987/2009 to nationals of
third countries who are not already covered by these provisions solely on the
ground of their nationality must not give them any entitlement to enter, to
stay or to reside in a Member State or to have access to its labour market.
(10) The provisions of Regulation (EEC) No 883/2004 and Regulation (EC)
No [
] 987/2009 are, by virtue of this Regulation, applicable
only in so far as the person concerned is already legally resident in the territory
of a Member State. Being legally resident is therefore a prerequisite for the
application of these provisions.
(11) The provisions of Regulation (EEC) No 883/2004 and Regulation (EC)
No [
] 987/2009 shall not apply in a situation which is confined
in all respects within a single Member State. This concerns, inter alia, the
situation of a third country national who has links only with a third country
and a single Member State.
(12) The continued right to unemployment benefit, as laid down in Article 64 of Regulation (EC) No 883/04, is subject to the condition of registering as a job-seeker with the employment services of each Member State entered. Those provisions may only therefore apply to a third-country national provided he/she has the right, where appropriate pursuant to his/her residence permit or long-term resident status, to register as a job-seeker with the employment services of the Member State entered and the right to work there legally.
(13) Given that Regulation (EC) No 859/2003 shall be repealed as
of the date of entry into force of Regulation (EC) No 883/2004 and
Regulation (EC) No [
] 987/2009, transitional provisions should
be adopted to protect the persons covered by this Regulation and to ensure that
they do not lose rights as a result of its entry into force.
(14) This Regulation is without prejudice to rights and obligations
arising from international agreements with third countries to which the Community
European Union is a party and which afford advantages in terms of social
security.
(15) Since the objectives of the proposed action cannot be sufficiently
achieved by the Member States on account of cross-border situations and can
therefore, by reason of the Community European Union scale of the
proposed action, be better achieved at Community Union level, the
Community Union may take measures in accordance with the
principles of subsidiarity enshrined in Article 5 of the Treaty on European
Union. In accordance with the principle of proportionality, as set out in
that Article, this Regulation does not go beyond what is necessary to achieve
those objectives.
(16) In accordance with Articles 1 and 2 of the Protocol on the position
of Denmark, annexed to the Treaty on European Union and to the Treaty establishing
the European Community on the Functioning of the European Union,
Denmark does not take part in the adoption of this Regulation and is not bound
by it nor subject to its application.
HAS ADOPTED THIS REGULATION:
Article 1
The
provisions of Regulation (EEC) No 883/2004 and Regulation (EC) No
[
] 987/2009 shall apply to nationals of third countries who are
not already covered by these provisions solely on the ground of their
nationality, as well as to members of their families and to their survivors,
provided they are legally resident in the territory of a Member State and are
in a situation which is not confined in all respects within a single Member
State.
Article 2
1. This Regulation shall not create any rights in respect of the period before 1 June 2003.
2. Subject to the provisions of paragraph 1, any period of insurance and, where appropriate, any period of employment, self-employment or residence completed under the legislation of a Member State before the date of entry into force of this Regulation shall be taken into account for the determination of rights acquired in accordance with the provisions of this Regulation
3. Subject to the provisions of paragraph 1, a right shall be acquired under this Regulation even if it relates to a contingency arising prior to the date of entry into force of this Regulation.
4. Any benefit that has not been awarded or that has been suspended on account of the nationality or the residence of the person concerned shall, at the latter's request, be awarded or resumed from 1 June 2003, provided that the rights for which benefits were previously awarded did not give rise to a lump-sum payment.
5. The rights of persons who prior to 1 June 2003 obtained the award of a pension may be reviewed at their request, account being taken of the provisions of this Regulation.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall be applicable as of the date of entry into force of the Regulation implementing Regulation (EC) No 883/2004.
Regulation (EC) No 859/2003 shall be repealed from that date.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, [
]
For
the Council
The
President
[
]
____________________
[1] OJ
C [..] of [..], p. [..].
[2] OJ
C [..] of [..], p. [..].
[3] OJ
C [..] of [..], p. [..].
[4] OJ
C [..] of [..], p. [..].
[5] Position
of the European Parliament of (not yet published in the Official Journal) and
Council Decision of
[6] OJ
C 154, 5.6.2000, p. 63.
[7] OJ
C 339, 31.11.1991, p. 82.
[8] OJ
L 124, 20.5.2003, p.1.
[9] OJ L 166, 30.4.2004, p.1.
