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2011 - Recent developments in the field of the coordination of social security systems at EU level

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  • 1. Recent developments in the field of the coordination of social security systems at EU level trESS Seminar Copenhagen 23 September 2011Jonathan Olsson & Felix SchatzDG Employment, Social Affairs & Inclusion
  • 2. Overview• Legal framework – Legislative developments – Decisions by the Administrative Commission• Current work of the Administrative Commission• Outlook on future work• Information sources
  • 3. Legal frameworkBackground _______________________________ ____________________________ _______________________ ____________________ Impl. Reg. 987/2009 Reg. 883/2004 Consolid. Reg. Reg. 1408/71 Impl. Reg. 574/72 Regulations 3 & 4 1959 1972 1997 2010
  • 4. 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”
  • 5. 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 – replaces Regulation (EC) No 859/2003 (not for UK)• Implementation of certain association agreements (Algeria, Croatia, FYROM, Israel, Morocco, Tunisia) – Equal treatment – Export of pensions – Reciprocity clause for EU citizens – Cooperation and verification
  • 6. Legal frameworkExternal dimension• Forthcoming Commission communication on the international dimension of social security coordination
  • 7. 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)
  • 8. 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)
  • 9. Legal frameworkDecisions by the Administrative Commission• Revised Decisions and Recommendations – OJ C 106, 24.4.2010, p. 1 – OJ C 107, 27.4.2010, p. 3 – 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)• New Practical Guide on applicable legislation (replaces the Posting Guide)
  • 10. 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”
  • 11. Current work of the AC• 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
  • 12. Current work of the AC• 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)
  • 13. Current work of the ACChild-raising periods• Article 44 of Regulation (EC) No 987/2009• Agreement in principle on a number of issues: – child-raising periods are defined by national legislation (can also be contributory periods) – receipt of maternity or equivalent paternity cash benefits = exercise of gainful activity (Article 11(2) BR), also in respect of Article 44 IR – once competence has shifted to another MS, no “re- activation” of competence of previous MS when granting of benefits under legislation of the other MS will have ended – Article 44 IR does not apply to non-active persons (implementation of Elsen and Kauer)
  • 14. Current work of the ACChild-raising periods• Further work still necessary on: – meaning of “no child-raising period is taken into account” (generally or in specific case?) – transition from old to new coordination rules (date of submission of claim?) – Combined use of current SEDs P1000 and P5000 sufficient (experience needed)
  • 15. 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
  • 16. 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
  • 17. QuestionsThank you very much for your attention

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