Recent developments in the field of EU social security

coordination

trESS Seminar Aachen7 October 2011

Miroslava HAJKOVA & Fleur VELTKAMP

DG Employment, Social Affairs & Inclusion

Overview

• Legal framework– Legislative developments– New Decisions by the Administrative

Commission

• Current work of the Administrative Commission

• Recent case-law• Outlook on future work• Information sources

Legal frameworkExternal dimension

• Regulation (EU) No 1231/2010– OJ L 344, 29.12 2010, p. 1 – extension of new coordination rules to third country

nationals as of 1 January 2011– does not apply in DK and UK– replaces Regulation (EC) No 859/2003 (not for UK)

• Implementation of 6 association agreements (Algeria, Croatia, FYROM, Israel, Morocco, Tunisia)– Equal treatment– Export of pensions– Reciprocity clause for EU citizens– Cooperation and verification

Legal frameworkMiscellaneous Amendments 2010

• Commission Regulation (EU) No 1244/2010 of 9 December 2010– Amendments of certain annexes (see Article 92 of

Regulation (EC) No 883/2004)– OJ L 338, 22.12.2010, p. 35

• Commission Proposal for a Regulation of the European Parliament and of the Council– COM(2010) 794 final, 2010/380 (COD)– applicable legislation (substantial activity always relevant

when activity in more than one MS; principle of home base for flying personnel)

– unemployment benefits for persons having exercised an activity as self-employed frontier “worker”

Legal frameworkMiscellaneous Amendments 2010

• Commission Proposal for a Regulation of the European Parliament and of the Council– COM(2010) 794 final, 2010/380 (COD)– Clarification and Amendments of Annexes– Applicable legislation: substantial activity always

relevant when activity in more than one MS– Introduction of principle of home base for flying

personnel; – Unemployment benefits for persons having exercised an

activity as self-employed frontier “worker”

Legal frameworkExternal dimension: EEA & Switzerland

• Regulations (EEC) Nos 1408/71 and 574/72 still apply in relation to IS, LI, NO and CH– Article 90(1)(2)(c) of Regulation (EC) No 883/2004– AC agreement on transition

• EEA:– Adopted by Joint Committee on 1 July 2011– Waiting for approval by IS and LI parliaments within six

months from that date

• Switzerland:– EU proposal rejected by CH (exception regarding personal

scope asked by UK)– Commission currently preparing new proposal (to be adopted

by Council and then transmitted to Joint Committee)

Legal frameworkDecisions by the Administrative Commission

• Revised Decisions and Recommendations– OJ C 106, 24.4.2010, p. 1:

Decisions: A1, A2, E1,F1, H1, H2, H3, P1, S1, S2, S3, S4, S5,U1, U2, U3

Recommendations: P1, U1, U2

– OJ C 107, 27.4.2010, p. 3:

Decisions H4, S6, S7

– see Decision H1 for details

• New Decisions, particularly:– 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)

Legal frameworkDecisions by the Administrative Commission

• Decision H6:– 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”

Legal frameworkDecisions by the Administrative Commission

• New Practical Guide on applicable legislation (replaces the Posting Guide)

- Valid 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

Legal frameworkUpcoming

• Forthcoming Commission communication on the international dimension of social security coordination

• Miscellaneous amendments 2011

Legal frameworkDirective on patients’ rights in cross-border healthcare

• Directive 2011/24/EU• Delay for transposition: 30 months• Will lead to three parallel coordination

regimes in the area of healthcare:– Regulations (EC) Nos 883/2004 and 987/2009

– Directive on patients‘ rights in cross-border healthcare

– CJ case-law (directive does not fully implement it)

Current work of the AC - I

• Reimbursement of unemployment benefits granted to former frontier workers– Article 65(6) and (7) of Regulation (EC) No 883/2004

• Relationship with other EU law instruments– Directive 2011/24/EU on patients’ rights in cross-border

healthcare– Directive 2004/38/EC on the right of citizens of the Union

and their family members to move and reside freely within the territory of the Member States

– forthcoming instruments on the residence of third-country nationals in the territory of the Member States

Current work of the AC - II

• Electronic Exchange of Social Security Information (EESSI)– EESSI progress report

– Agreement on an extension of the transitional period

referred to in Article 95 of Regulation (EC) No 987/2009 – Approval of SEDs (Structured Electronic Documents)– Agreement on extension of mandate of Ad Hoc Groups

Recent case-law

• Case C-388/09 Da Silva Martins: exportability of long-term care benefits

• Case C-485/07 Akdas: direct effect of Article 6 of Decision 3/80

• Case C-503/09 Lucy Stewart: compatibility of a residence requirement with Article 21 TFEU

Outlook on future work

• Linking coordination better to the EU agenda (mobility of the unemployed, White Paper on pensions, SPC actions)

• Reflection on how to better coordinate of long-term care benefits

• Reflection on new trends in the social and economic environment

Information sources

• Commission‘s website– http://ec.europa.eu/social-security-coordination– Links to legislation, official documents– Practical guide on applicable legislation– “Small Guide“ on citizen‘s rights– Explanatory notes

• trESS network– http://www.tress-network.org– trESS seminars

Other support

• Funding of transnational actions proposed by national administrations, NGOs or other non-profit organisations

– Call for proposals http://ec.europa.eu/social/main.jsp?langId=en&catId=871

Questions

Thank you very muchfor your attention