Regulation 2010/1231 - Extension of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality - Main contents
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official title
Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationalityLegal instrument | Regulation |
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Number legal act | Regulation 2010/1231 |
Original proposal | COM(2007)439 |
CELEX number i | 32010R1231 |
Document | 24-11-2010 |
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Publication in Official Journal | 29-12-2010; OJ L 344, 29.12.2010,Special edition in Croatian: Chapter 05 Volume 002 |
Effect | 01-01-2011; Entry into force Date pub. +3 See Art 3 |
End of validity | 31-12-9999 |
29.12.2010 |
EN |
Official Journal of the European Union |
L 344/1 |
REGULATION (EU) No 1231/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 November 2010
extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The European Parliament (3), the Council and the European Economic and Social Committee (4) have called for the better integration of nationals of third countries who are legally resident in the territory of the Member States by giving them a set of uniform rights which match as closely as possible those enjoyed by citizens of the Union. |
(2) |
The Justice and Home Affairs Council of 1 December 2005 stressed that the Union must ensure fair treatment of third-country nationals residing legally in the territory of the Member States and that a more vigorous integration policy should be geared to granting them rights and obligations comparable to those of citizens of the Union. |
(3) |
Council Regulation (EC) No 859/2003 (5) extended Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 on the coordination of Member States’ statutory social security schemes to the nationals of third countries who were not already covered by those Regulations solely on the ground of their nationality. |
(4) |
This Regulation respects the fundamental rights and observes the principles recognised, in particular, by the Charter of Fundamental Rights of the European Union, notably Article 34(2) thereof. |
(5) |
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (6) replaces Regulation (EEC) No 1408/71. Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (7) replaces Regulation (EEC) No 574/72. Regulations (EEC) No 1408/71 and (EEC) No 574/72 are to be repealed with effect from the date of application of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009. |
(6) |
Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 significantly update and simplify the coordination rules for insured persons as well as social security institutions. For the latter, the updated coordination rules aim to accelerate and facilitate the processing of data on insured persons’ rights to benefits and to reduce the corresponding administrative costs. |
(7) |
Promoting a high level of social protection and raising the standard of living and the quality of life in the Member States are objectives of the Union. |
(8) |
In order to avoid a situation where employers and national social security bodies have to manage complex legal and administrative situations concerning only a limited group of persons, it is important to enjoy the full benefits of modernisation and simplification in the field of social security by making use of a single legal coordination instrument combining Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009. |
(9) |
It is therefore necessary to replace Regulation (EC) No 859/2003 with a legal instrument, the basic aim of which is to substitute Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 for Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72... |
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