2012 - Recent developments at EU level concerning social security coordination

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Recent developments at EU level concerning social security coordination

trESS bilateral seminar Lithuania-Latvia19 April 2012

Miroslava Hájková & Felix SchatzDG Employment, Social Affairs and Inclusion

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Overview

• Legislative developmentsMiscellaneous amendments 2010EEA and Switzerland

• External dimension• Work of the Administrative Commission

New decisions and recommendations and other forms of guidanceOutcome of Working Parties

• Case-law on social security coordination• Outlook

Review of provisions on unemployment and long-term care

• Information sources and funding

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LEGISLATIVE DEVELOPMENTS

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Miscellaneous Amendments 2010

Commission Regulation 1244/2010 (of 9.12.2010)•Published on 22 December 2010: update of Annexes

EP-Council Regulation •Discussions started in January 2011 (HU Presidency)•EPSCO Council December 2011: general approach (PL Presidency)•EP Plenary – 18 April 2012

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Miscellaneous Amendments 2010

Main changes•Applicable legislation: change of rules for working in 2 or more MS - Article 13 BR and 14(5) and (5b) IR•Introduction of the concept of “ home base” for air crew members - Article 11(5) BR and 14(5a) IR•Solution for formerly self-employed frontier workers who were covered in the Member State of last activity, but whose MS of residence does not have an unemployment benefits scheme - Article 65a BR

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EEA and Switzerland

• EEA Joint Committee Decision No 76/2011• adopted on 1 July 2011 (OJ L 262, 6.10.2011, p. 33)• not yet entered into force (pending approval by IS

parliament) – possibly on 1 May 2012• Regulations (EEC) Nos 1408/71 and 574/72 still

apply in relation to IS, LI and NO

• EC-CH Joint Committee Decision No 1/2012• OJ L 103, 13.4.2012, p. 51• Regulations (EC) Nos 883/2004 and 987/2009 apply

in relation to Switzerland since 1 April 2012

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EXTERNALDIMENSION

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Communication on the External Dimension of EU Social Security Coordination

• makes the case for strengthening cooperation between Member States to achieve a more coherent approach to social security coordination with third countries

• sets out ways in which the EU rules currently impact on social security coordination with third countries

• describes existing components of common EU approach to social security coordination with third countries

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The Communication proposes:

• the creation of a new annual forum at EU level to strengthen cooperation between Member States as regards third countries

• exploring the use of EU social security agreements with selected third countries

• developing the common EU approach, including the adoption of a second package of Association Council decisions with Turkey, Albania, Montenegro and San Marino

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WORK OF THE ADMINISTRATIVE COMMISSION

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New Decisions and Recommendations

• H5: cooperation on combating fraud and error (OJ C 149, 8.6.2010, p. 5)

• H6: application of Article 6 of Regulation (EC) No 883/2004 (OJ C 45, 12.2.2011, p.5)

• S8: substantial benefits in kind – Article 33 of Regulation (EC) No 883/2004 (OJ C 262, 6.9.2011, p. 6)

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New Decisions and Recommendations

• E3: prolongation of transitional period for EESSI (OJ C 12, 14.1.2012, p. 6)

• U4: reimbursement of unemployment benefits for former frontier workers (OJ C 57, 25.2.2012, p. 4)

• Recommendation No S1: healthcare coverage for cross-border living organ donation (pending publication)

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Practical Guide on applicable legislation

• Replaces the "Posting Guide"• Working instrument to assist institutions,

employers and citizens in the area of determining the applicable social security legislation

• Separate chapter on applicable legislation when working in two or more Member States

• Guidance on transitional arrangements• Available on the Commission's website:

http://ec.europa.eu/social-security-coordination

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Working Parties of the AC

• Child-raising periods• 14 April 2011• Follow-up by Ad-hoc Group of the AC

• Patients' mobility• 4 October 2011• Follow-up by guidance from the Commissions

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Working Parties of the AC

• Recovery• 17 November 2011• Follow-up by an explanatory note by the

Commission (to be finalised)

• Family benefits (ex-Decisions Nos 147 and 150)• 18 April 2012

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Directive 2011/24/EU - patients' rights in cross-border healthcare

• How does the patients' mobility directive interact with the social security coordination rules in Regulations (EC) Nos 883/2004 and 987/2009?

• Joint note on the interpretation of the two instruments in the light of the other to be presented to Administrative Commission in June

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CASE-LAW

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Case-law

• Case C-440/09 TomaszewskaAggregation of periodsLink with Decision No H6

• Case C-388/09 da Silva MartinsLong-term care – need for reform of rules?

• Case C-503/09 StewartResidence conditionsInfluence of Union citizenship on the entitlement to social security

benefits

• Case C-257/10 Bergström"0+1" aggregation of periodsAssimilation of facts (here: income)

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Decision No H6 of the AC

• irrelevant whether periods are contributory or only equivalent under national law

• no questioning of value of periods• aggregation of periods (Article 6 BR) vs “other

conditions” (Point 3 of the Decision)• assimilation of facts (Article 5 BR) – should not

interfere with aggregation (Recital 10 BR) – “other conditions”

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Case-law

• Case C-440/09 TomaszewskaAggregation of periodsLink with Decision No H6

• Case C-388/09 da Silva MartinsLong-term care – need for reform of rules?

• Case C-503/09 StewartResidence conditionsInfluence of Union citizenship on the entitlement to social security

benefits

• Case C-257/10 Bergström"0+1" aggregation of periodsAssimilation of facts (here: income)

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OUTLOOK

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Revision of coordination Regulations

• Scope: coordination of long-term care benefits

(LTC)coordination of unemployment benefits

• Planning2009-2011 Evaluation 2012-2013 Impact assessment 2014 Proposal from the Commission

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Revision of coordination Regulations

Aim:• Improved social security protection of the migrant

persons• Enhanced effectiveness of the coordination

regime• Legal certainty for all stakeholders• Simplification

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Coordination of LTC benefitsIs the current system of coordination of long-term care benefits satisfactory? Is a new set of rules needed & how radical the changes should be?

•LTC within material scope of coordination Regulations•Coordination under Sickness Chapter•Jurisprudence of Court of Justice (recent: C-208/07, Chamier-Glisczinski, C-388/09 da Silva, C-206/10, Commission v. Germany, C-538/11 Sax - pending)•No definition, no list of benefits

See also: trESS Tank Report 2011; trESS analysis of selected concepts 2010

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Unemployment Chapter

A room for simplification and clarification?

•complex coordination regime for cross-border workers (Article 65 and new Article 65a), including the new reimbursement mechanism (Decision U4)•application of the case-law of the Court of Justice (C-131/95, Huijbrechts, C-1/85, Miethe)•extension of the period of export of unemployment benefits•application of the principle of aggregation of periods

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INFORMATION SOURCESFUNDING

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Information sources• Commission's website

http://ec.europa.eu/social-security-coordinationLinks to legislation, official documentsPractical guide on applicable legislation"Small Guide" on citizens' rightsInformation sheets "Your rights country by country"Explanatory notes and videos

• trESS networkhttp://www.tress-network.orgtrESS seminars

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Information sources• New Smartphone Application – EHIC

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Funding by the Commission:Call for proposals 2012

• Financial support to: - trans-national actions for cooperation and/or for

improving information;- transnational or national actions for preparing and

implementing the system for electronic data exchange (EESSI).

• Deadline for applications: 31 May 2012• Details:

http://ec.europa.eu/social/main.jsp?catId=630&langId=en&callId=347&furtherCalls=yes

• Questions:by email: [email protected]

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QUESTIONS

Thank you very much for your attention!