15 Coordination of social security schemes
| (27262)
5896/06
COM(06) 16
| Draft Regulation laying down the procedure for implementing Regulation (EC) No. 883/2004 on the coordination of social security schemes
|
| Legal base | Articles 42 and 308 EC; co-decision; unanimity
|
| Department | Work and Pensions
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| Basis of consideration | Ministers' letters of 12 September 2006, 25 April 2007, 17 November 2008 and 8 December 2008
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| Previous Committee Report | HC 34-xx (2005-06), chapter 11 (1 March 2006); and HC 34-xxv (2005-06), chapter 4 (19 April 2006)
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| To be discussed in Council | 15-16 December 2008
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
15.1 In 1971, the Council adopted a Regulation on the coordination
of social security schemes so as to protect the rights of peoples
moving within the Community.[50]
The Regulation has been amended many times since then to take
account of changes in Member States' social security schemes and
the judgements of the European Court of Justice.
15.2 In 2004 the Council adopted a new Regulation
to simplify and modernise the Regulation of 1971.[51]
It requires another Regulation to bring it into effect.
Previous scrutiny of the implementing Regulation
15.3 In March 2006, we considered the draft of the
Regulation to implement the Regulation of 2004.[52]
It lays down rules on, for example:
- the payment of benefits on
a provisional basis while a dispute awaits resolution about which
Member State is liable to provide the benefits;
- the resolution of disputes about the Member State
in which a person is resident;
- the aggregation of periods of insurance that
a person has accrued in more than one Member State;
- the obligations of employers to pay the social
security contributions required by the applicable national legislation;
and
- the recovery of benefits paid unduly or in excess.
15.4 The Parliamentary Under-Secretary of State at
the Department of Work and Pensions (Mr James Plaskitt) told us
that the provisions of the draft Regulation are technical and
complex. While he did not expect that they would raise many policy
issues, it would be necessary to complete a detailed assessment
of all the Articles before reaching a firm view.
15.5 In April 2006, we considered a Supplementary
Explanatory Memorandum by the Minister.[53]
He told us that there was one matter of substance (about the obligation
to make pension provision for periods of child rearing) and some
matters of lesser importance on which the Government would seek
clarification or amendment.
15.6 We asked the Minister for progress reports
on the negotiations and, meanwhile, kept the draft Regulation
under scrutiny.
The Ministers' progress reports
15.7 Both the then Minister (Mr James Plaskitt) and
the current Minister (Jonathan Shaw) have sent us full and helpful
progress reports in September 2006, April 2007 and November and
December of this year as the Council has worked its way through
the draft Regulation, chapter by chapter.
15.8 For example, the Minister's letter of 25 April
2007 told us that the Government had succeeded in gaining agreement
to amendments to the Article on periods of child rearing which
would ensure that the provision properly reflects the case law
of the European Court of Justice.
15.9 The Minister's letter of 17 November 2008 told
us about the detailed amendments the Government had obtained at
the Council's meeting in October. He enclosed with the letter
a document by the Commission[54]
which said which of the European Parliament's first reading amendments
it could accept and which it could not. The Minister told us that
the Government agreed with the Commission that most of the European
Parliament's amendments were acceptable and would not significantly
affect the substance of the draft Regulation.
15.10 The Minister encloses with his letter of 8
December a revised draft of the Regulation. It incorporates the
amendments agreed during the Council's negotiations and the first
reading amendments by the European Parliament which were acceptable.
Subject to any detailed changes proposed by the Jurist Linguists,
this revised text will be put to the Employment and Social Policy
Council for agreement on 15-16 December. The Government is content
with the revised text and wishes to take part in the agreement
to it.
Conclusion
15.11 We are grateful to the Ministers and their
officials for the admirably clear progress reports on the negotiations
of this long and very technical document. It appears that the
Government has secured its negotiating objectives. We have no
further questions to put to the Minister and we are content to
clear the document from scrutiny.
50 Regulation (EEC) No.1408/71: OJ No. L 149, 5.7.1971,
p.2. Back
51
Regulation (EC) No. 883/2004: OJ No. L166, 30.4.2004, p.1. Back
52
See HC 34-xx (2005-06), chapter 11 (1 March 2006). Back
53
See HC 34-xxv (2005-06), chapter 4 (19 April 2006). Back
54
14414/08 (COM(08) 647). Back
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