In its
amendment proposal following the European Parliament’s opinion at 1st reading
on 9 July 2008, the Commission adapts a certain number of points in its
original proposal based on the Parliament’s suggestions. The Commission can
accept the vast majority of the amendments (159 out of 162) as they are in
line with the objectives of its proposal. These amendments relate to
procedures for implementing Regulation (EC) No 883/2004 and generally aim to
ensure that social security benefits are granted quickly and efficiently to
EU citizens (cutting red tape).
Many of these
amendments are identical or similar to the changes made by the Council as a
result of the work of the Council Working Group on Social Security. Other
amendments are of a linguistic nature or spell out the procedure more
clearly.
Amendment
which the Commission can accept in part:
- Amendment
15 which reflects the opinion of the
European Data Protection Supervisor and changes agreed by the Council.
It focuses on the exchange of personal data between national
administrations and the protection of such data in so far as they relate
to social security benefits. The amendment introduces a reference into
Directive 95/46/EC on processing of personal data and affects the
content of Annex IV to Regulation (EC) No 883/2004. This may interfere
with the competence and internal organisation of the Member States in
this area, which are already covered by Directive 95/46/EC.
The
Commission cannot accept the following:
- Amendment
26: the purpose being to clarify the
provisions on reimbursement of benefits paid provisionally in cash and
in kind by the competent institution. The new Council wording of the
first subparagraph of Article 6(4), negotiated as part of the partial
general approach, is more accurate. It reflects the progress made by the
Council Working Party on Social Security specifically in Chapter III,
Title IV (Financial provisions).
- Amendment
55: according to this amendment, a
certificate determining the legislation applicable (e.g. in cases of
posting) will always be issued to the person concerned and will indicate
the wages stated by the employer. This amendment goes further than the
information needed for social security purposes in cases of posting
(determination of legislation applicable) and the objectives of the
Regulation.