Considerations on COM(2012)152 - EU position within the Association Council EU-Turkey with regard to the provisions on the coordination of social security systems

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dossier COM(2012)152 - EU position within the Association Council EU-Turkey with regard to the provisions on the coordination of social security ...
document COM(2012)152 EN
date December  6, 2012
 
table>(1)The Agreement establishing an association between the European Economic Community and Turkey (1) (the ‘Agreement’) and the Additional Protocol to the Agreement of 23 November 1970 (2) (the ‘Additional Protocol’) provide that the freedom of movement for workers between the Union and Turkey is to be secured by progressive stages.
(2)Article 9 of the Agreement provides that within the scope of the Agreement any discrimination on grounds of nationality is prohibited.

(3)Article 39 of the Additional Protocol provides that the Association Council is to adopt social security measures for workers of Turkish nationality moving within the Union and for their families residing in the Union.

(4)As a first step towards the implementation of Article 39 of the Additional Protocol and of Article 9 of the Agreement in the field of social security, Decision No 3/80 on the application of the social security schemes of the Member States of the European Communities to Turkish workers and members of their families (3) (‘Decision No 3/80’) was adopted by the Association Council on 19 September 1980.

(5)It is necessary to ensure that in the field of social security, Article 9 of the Agreement and Article 39 of the Additional Protocol are fully implemented.

(6)There is a need to update the implementing provisions currently contained in Decision No 3/80 so that they reflect developments in the field of European Union social security coordination (4).

(7)Decision No 3/80 should therefore be repealed and replaced with a Decision of the Association Council that, in one single step, implements the relevant provisions of the Agreement and of the Additional Protocol regarding the coordination of social security systems.

(8)It is appropriate to establish the position to be taken on the Union’s behalf in the Association Council, with regard to the adoption of provisions on the coordination of social security systems.

(9)The position of the Union within the Association Council should therefore be based on the attached draft decision,