Social security: employed and self-employed persons, members of their families moving within the Community (amend. Regulations (EEC) No 1408/71 and (EEC) No 574/72), changes in national legislations since the end of accession negotiations

2004/0284(COD)

PURPOSE : to update Regulations 1408/71/EEC and 574/72/EEC to reflect changes in national legislation and to take account of enlargement.

PROPOSED ACT : Regulation of the European Parliament and of the Council.

CONTENT : Regulations 1408/71/EEC and 574/72/EEC were updated by Regulation 118/97/EEC and most recently amended by Regulation 631/2004/EC. This proposal intends to update these Community Regulations to reflect changes in national legislation, in particular of the new Member States since the end of accession negotiations. It also intends to complete the simplification of procedures on receiving medical care abroad introduced by Regulation 631/2004/EC by extending some of those modifications to the identical procedures regarding benefits for accidents at work and occupational diseases.

With the entry into force of Regulation 631/2004/EC, access to sickness benefits in kind during a temporary stay in another Member State no longer requires additional formalities other than presentation of a document. These extra requirements, specifically the obligation to submit systematically and in advance a certified statement to the institution of the place of stay certifying entitlement to benefits in kind and completing extra formalities on arrival in the territory of the other Member State, was required formally, but was not applied in practice. The same formal obligation still exists for obtaining benefits in respect of accidents at work and occupational diseases during a stay in a different Member State and also appears to be needlessly restrictive and of a nature to hamper the free movement of the persons concerned. It is therefore appropriate to extend the simplified procedures to the provisions on benefits in respect of accidents at work and occupational diseases contained in Council Regulation 1408/71/EC and Council Regulation 574/72/EEC.

As the provisions of bilateral agreements listed in Annex III involving new Member States continue to apply and are not replaced by Regulation 1408/71 as of its application in the new Member States, these amendments need to apply from the date of accession 1 May 2004.