TITLE IGENERAL PROVISIONS
Article 1Definitions
Article 2Persons covered
Article 3Matters covered
Article 4Equality of treatment
Article 5Equal treatment of benefits, income, facts or events
Article 6Aggregation of periods
Article 7Waiving of residence rules
Article 8Relations between this Regulation and other coordination instruments
Article 9Declarations by the Member States on the scope of this Regulation
Article 10Prevention of overlapping of benefits
TITLE IIDETERMINATION OF THE LEGISLATION APPLICABLE
Article 11General rules
Article 12Special rules
Article 13Pursuit of activities in two or more Member States
Article 14Voluntary insurance or optional continued insurance
Article 15 Contract staff of the European Communities
Article 16Exceptions to Articles 11 to 15
TITLE IIISPECIAL PROVISIONS CONCERNING THE VARIOUS CATEGORIES OF BENEFITSCHAPTER 1Sickness, maternity and equivalent paternity benefitsSection 1Insured persons and members of their families, except pensioners and members of their families
Article 17Residence in a Member State other than the competent Member State
Article 18Stay in the competent Member State when residence is in another Member State – Special rules for the members of the families of frontier workers
Article 19Stay outside the competent Member State
Article 20Travel with the purpose of receiving benefits in kind — authorisation to receive appropriate treatment outside the Member State of residence
Article 21Cash benefits
Article 22Pension claimants
Section 2Pensioners and members of their families
Article 23Right to benefits in kind under the legislation of the Member State of residence
Article 24No right to benefits in kind under the legislation of the Member State of residence
Article 25Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State
Article 26Residence of members of the family in a Member State other than the one in which the pensioner resides
Article 27Stay of the pensioner or the members of his/her family in a Member State other than the Member State in which they reside — stay in the competent Member State — authorisation for appropriate treatment outside the Member State of residence
Article 28Special rules for retired frontier workers
Article 29Cash benefits for pensioners
Article 30Contributions by pensioners
Section 3Common provisions
Article 31General provision
Article 32Prioritising of the right to benefits in kind — special rule for the right of members of the family to benefits in the Member State of residence
Article 33Substantial benefits in kind
Article 34Overlapping of long-term care benefits
Article 35Reimbursements between institutions
CHAPTER 2Benefits in respect of accidents at work and occupational diseases
Article 36Right to benefits in kind and in cash
Article 37Costs of transport
Article 38Benefits for an occupational disease where the person suffering from such a disease has been exposed to the same risk in several Member States
Article 39Aggravation of an occupational disease
Article 40Rules for taking into account the special features of certain legislation
Article 41Reimbursements between institutions
CHAPTER 3Death grants
Article 42Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent Member State
Article 43Provision of benefits in the event of the death of a pensioner
CHAPTER 4Invalidity benefits
Article 44Persons subject only to type A legislation
Article 45Special provisions on aggregation of periods
Article 46Persons subject either only to type B legislation or to type A and B legislation
Article 47Aggravation of invalidity
Article 48Conversion of invalidity benefits into old-age benefits
Article 49Special provisions for civil servants
CHAPTER 5Old-age and survivors' pensions
Article 50General provisions
Article 51Special provisions on aggregation of periods
Article 52Award of benefits
Article 53Rules to prevent overlapping
Article 54Overlapping of benefits of the same kind
Article 55Overlapping of benefits of a different kind
Article 56Additional provisions for the calculation of benefits
Article 57Periods of insurance or residence of less than one year
Article 58Award of a supplement
Article 59Recalculation and revaluation of benefits
Article 60Special provisions for civil servants
CHAPTER 6Unemployment benefits
Article 61Special rules on aggregation of periods of insurance, employment or self-employment
Article 62Calculation of benefits
Article 63Special provisions for the waiving of residence rules
Article 64Unemployed persons going to another Member State
Article 65Unemployed persons who resided in a Member State other than the competent State
CHAPTER 7Pre-retirement benefits
Article 66Benefits
CHAPTER 8Family benefits
Article 67Members of the family residing in another Member State
Article 68Priority rules in the event of overlapping
Article 68a Provision of benefits
Article 69Additional provisions
CHAPTER 9Special non-contributory cash benefits
Article 70General provision
TITLE IVADMINISTRATIVE COMMISSION AND ADVISORY COMMITTEE
Article 71Composition and working methods of the Administrative Commission
Article 72Tasks of the Administrative Commission
Article 73Technical Commission for Data Processing
Article 74Audit Board
Article 75Advisory Committee for the Coordination of Social Security Systems
TITLE VMISCELLANEOUS PROVISIONS
Article 76Cooperation
Article 77Protection of personal data
Article 78Data processing
Article 79Funding of activities in the social security field
Article 80Exemptions
Article 81Claims, declarations or appeals
Article 82Medical examinations
Article 83Implementation of legislation
Article 84Collection of contributions and recovery of benefits
Article 85Rights of institutions
Article 86Bilateral agreements
TITLE VITRANSITIONAL AND FINAL PROVISIONS
Article 87Transitional provisions
Article 88Updating of the Annexes
Article 89Implementing Regulation
Article 90Repeal
Article 91Entry into force
ANNEX IADVANCES OF MAINTENANCE PAYMENTS AND SPECIAL CHILDBIRTH AND ADOPTION ALLOWANCES
I.Advances of maintenance payments BELGIUM BULGARIA DENMARK GERMANY ESTONIA SPAIN FRANCE LITHUANIA LUXEMBOURG AUSTRIA POLAND PORTUGAL SLOVENIA SLOVAKIA FINLAND SWEDEN II.Special childbirth and adoption allowances BELGIUM BULGARIA CZECH REPUBLIC ESTONIA SPAIN FRANCE LATVIA LITHUANIA LUXEMBOURG HUNGARY POLAND ROMANIA SLOVENIA SLOVAKIA FINLAND
ANNEX II PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY (Article 8(1))
General comments BELGIUM-GERMANY BELGIUM-LUXEMBOURG BULGARIA-GERMANY BULGARIA-AUSTRIA BULGARIA-SLOVENIA CZECH REPUBLIC-GERMANY CZECH REPUBLIC-CYPRUS CZECH REPUBLIC-LUXEMBOURG CZECH REPUBLIC-AUSTRIA CZECH REPUBLIC-SLOVAKIA DENMARK-FINLAND DENMARK-SWEDEN GERMANY-SPAIN GERMANY-FRANCE GERMANY-LUXEMBOURG GERMANY-HUNGARY GERMANY-NETHERLANDS GERMANY-AUSTRIA GERMANY-POLAND GERMANY-ROMANIA GERMANY-SLOVENIA GERMANY-SLOVAKIA GERMANY-UNITED KINGDOM IRELAND-UNITED KINGDOM SPAIN-PORTUGAL ITALY-SLOVENIA LUXEMBOURG-PORTUGAL LUXEMBOURG-SLOVAKIA HUNGARY-AUSTRIA HUNGARY-SLOVENIA HUNGARY-SLOVAKIA AUSTRIA-POLAND AUSTRIA-ROMANIA AUSTRIA-SLOVENIA AUSTRIA-SLOVAKIA FINLAND-SWEDEN
ANNEX III RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A FRONTIER WORKER
DENMARK
ESTONIA (this entry will be valid during the period referred...
IRELAND
SPAIN (this entry will be valid during the period referred...
ITALY (this entry will be valid during the period referred...
LITHUANIA (this entry will be valid during the period referred...
HUNGARY (this entry will be valid during the period referred...
NETHERLANDS (this entry will be valid during the period referred...
FINLAND
SWEDEN
UNITED KINGDOM
ANNEX IVMORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT MEMBER STATE
BELGIUM BULGARIA CZECH REPUBLIC GERMANY GREECE SPAIN FRANCE CYPRUS ....
ANNEX VMORE RIGHTS FOR FORMER FRONTIER WORKERS WHO RETURN TO THEIR PREVIOUS MEMBER STATE OF ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON (APPLICABLE ONLY IF THE MEMBER STATE IN WHICH THE COMPETENT INSTITUTION RESPONSIBLE FOR THE COSTS OF THE BENEFITS IN KIND PROVIDED TO THE PENSIONER IN HIS/HER MEMBER STATE OF RESIDENCE IS SITUATED ALSO APPEARS ON THE LIST)
BELGIUM GERMANY SPAIN FRANCE LUXEMBOURG AUSTRIA PORTUGAL
ANNEX VIIDENTIFICATION OF TYPE A LEGISLATION WHICH SHOULD BE SUBJECT TO SPECIAL COORDINATION
CZECH REPUBLIC ESTONIA IRELAND GREECE LATVIA IRLANDA FINLAND SWEDEN UNITED KINGDOM
ANNEX VIICONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY
ANNEX VIII CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY (Article 52(4) and 52(5))
Part 1: Cases in which the pro rata calculation shall be waived pursuant to Article 52(4) DENMARK IRELAND CYPRUS LATVIA LITHUANIA NETHERLANDS AUSTRIA POLAND PORTUGAL SLOVAKIA SWEDEN UNITED KINGDOM Part 2: Cases in which Article 52(5) applies BULGARIA ESTONIA FRANCE LATVIA HUNGARY AUSTRIA POLAND SLOVENIA SLOVAKIA SWEDEN UNITED KINGDOM
ANNEX IXBENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE 54
I.Benefits referred to in Article 54(2)(a) of the Regulation, the amount...BELGIUM DENMARK IRELAND GREECE SPAIN FRANCE LATVIA IRELAND NETHERLANDS FINLAND SWEDEN II.Benefits referred to in Article 54(2)(b) of the Regulation, the amount...GERMANY SPAIN ITALY LATVIA LITHUANIA LUXEMBOURG SLOVAKIA FINLAND SWEDEN III.Agreements referred to in Article 54(2)(b)(i) of the Regulation intended to...
ANNEX X SPECIAL NON-CONTRIBUTORY CASH BENEFITS (Article 70(2)(c))
BELGIUM BULGARIA CZECH REPUBLIC DENMARK GERMANY ESTONIA IRELAND GREECE SPAIN FRANCE ITALY CYPRUS LATVIA LITHUANIA LUXEMBOURG HUNGARY MALTA NETHERLANDS AUSTRIA POLAND PORTUGAL SLOVENIA SLOVAKIA FINLAND SWEDEN UNITED KINGDOM
ANNEX XI SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER STATES
BULGARIA CZECH REPUBLIC DENMARK 1.For the purpose of calculating the pension under the ‘...2.Notwithstanding the provisions of Article 6 of this Regulation, persons who...3.The temporary benefit for unemployed persons who have been admitted...4.Where the beneficiary of a Danish social pension is also...GERMANY 1.Notwithstanding Article 5(a) of this Regulation and Article 5(4) point 1 of the...2.Notwithstanding Article 5(a) of this Regulation and Article 7(1) and (3) of the...3.For the purpose of granting cash benefits under §47(1) of...4.Nationals of other Member States whose place of residence or...5.The pauschale Anrechnungszeit (fixed credit period) pursuant to Article 253 of...6.In cases where the German pension legislation, in force on...7.The German legislation on accidents at work and occupational diseases...8.For the calculation of the theoretical amount referred to in...ESTONIA IRELAND 1.Notwithstanding Articles 21(2) and 62 of this Regulation, for the purposes of...2.Where Article 46 of this Regulation applies, if the person concerned...GREECE 1.Law No 1469/84 concerning voluntary affiliation to the pension insurance scheme...2.Notwithstanding Article 5(a) of this Regulation and Article 34 of Law 1140/1981,...SPAIN 1.For the purposes of implementing Article 52(1)(b)(i) of this Regulation, the...2.Under Article 56(1)(c) of this Regulation, the calculation of the theoretical...3.Periods completed in other Member States which must be calculated...4.The additional amounts based on age referred to in the...FRANCE 1.Nationals of other Member States whose place of residence or...2.For persons receiving benefits in kind in France pursuant to...3.French legislation applicable to a person engaged, or formerly engaged,...CYPRUS MALTA NETHERLANDS 1.Health care insurance 2.Application of the Algemene Ouderdomswet (AOW) (Dutch legislation on general...3.Application of the Algemene nabestaandenwet (ANW) (Dutch general law on...4.Application of Dutch legislation relating to incapacity for work AUSTRIA 1.For the purpose of acquiring periods in the pension insurance,...2.For the calculation of the pro rata benefit referred to...3.Where pursuant to Article 6 of this Regulation substitute periods under...FINLAND 1.For the purposes of determining entitlement and of calculating the...2.When applying Article 52(1)(b)(i) of this Regulation for the purpose of...SWEDEN 1.When parental leave allowance is paid under Article 67 of this...2.For the purpose of calculating parental leave allowance in accordance...3.The provisions of this Regulation on the aggregation of insurance...4.For the purpose of calculating income for notional income-related sickness...5.For the purpose of calculating notional pension assets for income-based...UNITED KINGDOM 1.Where, in accordance with United Kingdom legislation, a person may...2.For the purposes of applying Article 6 of this Regulation to...3.For the purposes of Article 7 of this Regulation, in the...4.Where Article 46 of this Regulation applies, if the person concerned...5.For the purpose of calculating an earnings factor in order...

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 Workers1,

Having regard to the opinion of the European Economic and Social Committee2,

Acting in accordance with the procedure laid down in Article 251 of the Treaty3,

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 Community4 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 State whose legislation is applicable should not interfere with the principle of aggregating periods of insurance, employment, self-employment or residence completed under the legislation of another Member State with those completed under the legislation of the competent Member State. Periods completed under the legislation of another Member State should therefore be taken into account solely by applying the principle of aggregation of periods.

(11)

The assimilation of facts or events occurring in a Member State can in no way render another Member State competent or its legislation applicable.

(12)

In the light of proportionality, care should be taken to ensure that the principle of assimilation of facts or events does not lead to objectively unjustified results or to the overlapping of benefits of the same kind for the same period.

(13)

The coordination rules must guarantee that persons moving within the Community and their dependants and survivors retain the rights and the advantages acquired and in the course of being acquired.

(14)

These objectives must be attained in particular by aggregating all the periods taken into account under the various national legislation for the purpose of acquiring and retaining the right to benefits and of calculating the amount of benefits, and by providing benefits for the various categories of persons covered by this Regulation.

(15)

It is necessary to subject persons moving within the Community to the social security scheme of only one single Member State in order to avoid overlapping of the applicable provisions of national legislation and the complications which could result therefrom.

(16)

Within the Community there is in principle no justification for making social security rights dependent on the place of residence of the person concerned; nevertheless, in specific cases, in particular as regards special benefits linked to the economic and social context of the person involved, the place of residence could be taken into account.

(17)

With a view to guaranteeing the equality of treatment of all persons occupied in the territory of a Member State as effectively as possible, it is appropriate to determine as the legislation applicable, as a general rule, that of the Member State in which the person concerned pursues his/her activity as an employed or self-employed person.

F1(17a)

Once the legislation of a Member State becomes applicable to a person under Title II of this Regulation, the conditions for affiliation and entitlement to benefits should be defined by the legislation of the competent Member State while respecting Community law.

(18)

In specific situations which justify other criteria of applicability, it is necessary to derogate from that general rule.

F1(18a)

The principle of single applicable legislation is of great importance and should be enhanced. This should not mean, however, that the grant of a benefit alone, in accordance with this Regulation and comprising the payment of insurance contributions or insurance coverage for the beneficiary, renders the legislation of the Member State, whose institution has granted that benefit, the applicable legislation for that person.

(19)

In some cases, maternity and equivalent paternity benefits may be enjoyed by the mother or the father and since, for the latter, these benefits are different from parental benefits and can be assimilated to maternity benefits strictu sensu in that they are provided during the first months of a new-born child's life, it is appropriate that maternity and equivalent paternity benefits be regulated jointly.

(20)

In the field of sickness, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection.

(21)

Provisions on sickness, maternity and equivalent paternity benefits were drawn up in the light of Court of Justice case-law. Provisions on prior authorisation have been improved, taking into account the relevant decisions of the Court of Justice.

(22)

The specific position of pension claimants and pensioners and the members of their families makes it necessary to have provisions governing sickness insurance adapted to this situation.

(23)

In view of the differences between the various national systems, it is appropriate that Member States make provision, where possible, for medical treatment for family members of frontier workers in the Member State where the latter pursue their activity.

(24)

It is necessary to establish specific provisions regulating the non-overlapping of sickness benefits in kind and sickness benefits in cash which are of the same nature as those which were the subject of the judgments of the Court of Justice in Case C-215/99 Jauch and C-160/96 Molenaar, provided that those benefits cover the same risk.

(25)

In respect of benefits for accidents at work and occupational diseases, rules should be laid down, for the purpose of affording protection, covering the situation of persons residing or staying in a Member State other than the competent Member State.

(26)

For invalidity benefits, a system of coordination should be drawn up which respects the specific characteristics of national legislation, in particular as regards recognition of invalidity and aggravation thereof.

(27)

It is necessary to devise a system for the award of old-age benefits and survivors' benefits where the person concerned has been subject to the legislation of one or more Member States.

(28)

There is a need to determine the amount of a pension calculated in accordance with the method used for aggregation and pro rata calculation and guaranteed by Community law where the application of national legislation, including rules concerning reduction, suspension or withdrawal, is less favourable than the aforementioned method.

(29)

To protect migrant workers and their survivors against excessively stringent application of the national rules concerning reduction, suspension or withdrawal, it is necessary to include provisions strictly governing the application of such rules.

(30)

As has constantly been reaffirmed by the Court of Justice, the Council is not deemed competent to enact rules imposing a restriction on the overlapping of two or more pensions acquired in different Member States by a reduction of the amount of a pension acquired solely under national legislation.

(31)

According to the Court of Justice, it is for the national legislature to enact such rules, bearing in mind that it is for the Community legislature to fix the limits within which the national provisions concerning reduction, suspension or withdrawal are to be applied.

(32)

In order to foster mobility of workers, it is particularly appropriate to facilitate the search for employment in the various Member States; it is therefore necessary to ensure closer and more effective coordination between the unemployment insurance schemes and the employment services of all the Member States.

(33)

It is necessary to include statutory pre-retirement schemes within the scope of this Regulation, thus guaranteeing both equal treatment and the possibility of exporting pre-retirement benefits as well as the award of family and health-care benefits to the person concerned, in accordance with the provisions of this Regulation; however, the rule on the aggregation of periods should not be included, as only a very limited number of Member States have statutory pre-retirement schemes.

(34)

Since family benefits have a very broad scope, affording protection in situations which could be described as classic as well as in others which are specific in nature, with the latter type of benefit having been the subject of the judgments of the Court of Justice in Joined Cases C-245/94 and C-312/94 Hoever and Zachow and in Case C-275/96 Kuusijärvi, it is necessary to regulate all such benefits.

(35)

In order to avoid unwarranted overlapping of benefits, there is a need to lay down rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of the members of the family.

(36)

Advances of maintenance allowances are recoverable advances intended to compensate for a parent's failure to fulfil his/her legal obligation of maintenance to his/her own child, which is an obligation derived from family law. Therefore, these advances should not be considered as a direct benefit from collective support in favour of families. Given these particularities, the coordinating rules should not be applied to such maintenance allowances.

(37)

As the Court of Justice has repeatedly stated, provisions which derogate from the principle of the exportability of social security benefits must be interpreted strictly. This means that they can apply only to benefits which satisfy the specified conditions. It follows that Chapter 9 of Title III of this Regulation can apply only to benefits which are both special and non-contributory and listed in Annex X to this Regulation.

(38)

It is necessary to establish an Administrative Commission consisting of a government representative from each Member State, charged in particular with dealing with all administrative questions or questions of interpretation arising from the provisions of this Regulation, and with promoting further cooperation between the Member States.

(39)

The development and use of data-processing services for the exchange of information has been found to require the creation of a Technical Commission, under the aegis of the Administrative Commission, with specific responsibilities in the field of data-processing.

(40)

The use of data-processing services for exchanging data between institutions requires provisions guaranteeing that the documents exchanged or issued by electronic means are accepted as equivalent to paper documents. Such exchanges are to be carried out in accordance with the Community provisions on the protection of natural persons with regard to the processing and free movement of personal data.

(41)

It is necessary to lay down special provisions which correspond to the special characteristics of national legislation in order to facilitate the application of the rules of coordination.

(42)

In line with the principle of proportionality, in accordance with the premise for the extension of this Regulation to all European Union citizens and in order to find a solution that takes account of any constraints which may be connected with the special characteristics of systems based on residence, a special derogation by means of an Annex XI — ‘DENMARK’ entry, limited to social pension entitlement exclusively in respect of the new category of non-active persons, to whom this Regulation has been extended, was deemed appropriate due to the specific features of the Danish system and in the light of the fact that those pensions are exportable after a 10-year period of residence under the Danish legislation in force (Pension Act).

(43)

In line with the principle of equality of treatment, a special derogation by means of an Annex XI — ‘FINLAND’ entry, limited to residence-based national pensions, is deemed appropriate due to the specific characteristics of Finnish social security legislation, the objective of which is to ensure that the amount of the national pension cannot be less than the amount of the national pension calculated as if all insurance periods completed in any Member State were completed in Finland.

(44)

It is necessary to introduce a new Regulation to repeal Regulation (EEC) No 1408/71. However, it is necessary that Regulation (EEC) No 1408/71 remain in force and continue to have legal effect for the purposes of certain Community acts and agreements to which the Community is a party, in order to secure legal certainty.

(45)

Since the objective of the proposed action, namely the coordination measures to guarantee that the right to free movement of persons can be exercised effectively, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of that action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that article, this Regulation does not go beyond what is necessary, in order to achieve that objective,

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