Regulation 2004/883 - Coordination of social security systems (Text with relevance for the EEA and for Switzerland) - Main contents
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Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2004/883 |
| Original proposal | COM(1998)779  |
| CELEX number i | 32004R0883 |
| Document | 29-04-2004 |
|---|---|
| Publication in Official Journal | 30-04-2004; Special edition in Estonian: Chapter 05 Volume 005,Special edition in Czech: Chapter 05 Volume 005,Special edition in Slovenian: Chapter 05 Volume 005,Special edition in Hungarian: Chapter 05 Volume 005,Special edition in Romanian: Chapter 05 Volume 007,Special edition in Maltese: Chapter 05 Volume 005,Special edition in Polish: Chapter 05 Volume 005,Special edition in Lithuanian: Chapter 05 Volume 005,Special edition in Croatian: Chapter 05 Volume 003,OJ L 166, 30.4.2004,Special edition in Slovak: Chapter 05 Volume 005,Special edition in Latvian: Chapter 05 Volume 005,Special edition in Bulgarian: Chapter 05 Volume 007 |
| Effect | 20-05-2004; Entry into force Date pub. + 20 See Art 91 01-05-2010; Application Date in force 32009R0987 See Art 91 |
| End of validity | 31-12-9999 |
30.4.2004 |
EN |
Official Journal of the European Communities |
L 166/1 |
REGULATION (EC) NO 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
on the coordination of social security systems
(Text with relevance for the EEA and for Switzerland)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 308 thereof,
Having regard to the proposal from the Commission presented after consultation with the social partners and the Administrative Commission on Social Security for Migrant Workers (1),
Having regard to the Opinion of the European Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
The rules for coordination of national social security systems fall within the framework of free movement of persons and should contribute towards improving their standard of living and conditions of employment. |
(2) |
The Treaty does not provide powers other than those of Article 308 to take appropriate measures within the field of social security for persons other than employed persons. |
(3) |
Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (4) has been amended and updated on numerous occasions in order to take into account not only developments at Community level, including judgments of the Court of Justice, but also changes in legislation at national level. Such factors have played their part in making the Community coordination rules complex and lengthy. Replacing, while modernising and simplifying, these rules is therefore essential to achieve the aim of the free movement of persons. |
(4) |
It is necessary to respect the special characteristics of national social security legislation and to draw up only a system of coordination. |
(5) |
It is necessary, within the framework of such coordination, to guarantee within the Community equality of treatment under the different national legislation for the persons concerned. |
(6) |
The close link between social security legislation and those contractual provisions which complement or replace such legislation and which have been the subject of a decision by the public authorities rendering them compulsory or extending their scope may call for similar protection with regard to the application of those provisions to that afforded by this Regulation. As a first step, the experience of Member States who have notified such schemes might be evaluated. |
(7) |
Due to the major differences existing between national legislation in terms of the persons covered, it is preferable to lay down the principle that this Regulation is to apply to nationals of a Member State, stateless persons and refugees resident in the territory of a Member State who are or have been subject to the social security legislation of one or more Member States, as well as to the members of their families and to their survivors. |
(8) |
The general principle of equal treatment is of particular importance for workers who do not reside in the Member State of their employment, including frontier workers. |
(9) |
The Court of Justice has on several occasions given an opinion on the possibility of equal treatment of benefits, income and facts; this principle should be adopted explicitly and developed, while observing the substance and spirit of legal rulings. |
(10) |
However, the principle of treating certain facts or events occurring in the territory of another Member State as if they had taken place in the territory of the Member... |
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