The document summarizes a seminar on recent developments in coordinating social security at the EU level. It discusses the evolution of EU regulations and directives on social security coordination since 1959. Recent changes include Regulation 1231/2010 extending coordination to third-country nationals and amendments made in 2010. The Administrative Commission continues working to implement new regulations and address ongoing issues. Efforts are also being made to develop coordination with non-EU countries and enforce EU rights related to social security coordination.

1. trRESS Seminar
Dublin, 15 September 2011
« Recent developments in the coordination of social security at EU
level »
Rob Cornelissen
DG Employment, Social Affairs & Inclusion, European Commission

2. Legal framework 2011
Reg 1231/2010 Extension to 3rd
Reg 859/2003 country nationals
Reg 883/2004 Social
Reg 987/2009
Reg 987/2009
security
coordination
Reg 1408/71
Reg 574/72
Regulations 3 & 4
1959 1968 1972 2004 2010
Regulation 492/11
Free
movement
Directive 2004/38 of workers
Directive 68/360
Regulation 1251/70

3. Overview
 Legislative Developments: Recent and Foreseen
 Recent and current work of the Administrative Commission
 Developing coordination with non-EU countries
 Future Developments
 Recent Case-Law - a quick glimpse!
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4. New Regulation 1231/2010
 Commision proposal 2007 to extend scope of Reg
883/2004 to TCN; no progress until 2010
 1.12.2009: Lisbon Treaty: Article 79 2) TFEU: co-decision
and qualified majority in Council!
 Entered into force on 1 January 2011
 No exceptions for AT/D on family benefits
 Replaces Reg 859/2003, except for UK
 Does not apply with regard to DK
 Does not apply with regard to Switzerland and EEA-
Xhymshiti judgment (Dec 2010)
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5. Application of Regulations to EEA and
Switzerland
• EEA Agreement, Revised Annex VI adopted on 1 July 2011 and
expected to enter into force late 2011
• EU-CH Agreement, Revised Annex II, final agreement still
outstanding; not likely to enter into force before 2012
• Legal basis of related Council Decisions:
– For EEA: Article 48 TFEU
– For Switzerland: Article 79(2) TFEU
– Grimme judgement ( November 2009)

6. Miscellaneous Amendments 2010
 Clarification and Amendments to Annexes
 Rectification of Article 13 (1) of Reg. 883/2004
 Use of “Homebase” for flying personnel
 Closing gap for certain unemployed self-employed
frontier workers (Article 65 (5) of Reg. 883/2004)
 Declaration by Member States at EPSCO June 2011
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7. Work of the Administrative
Commission
 Continued Focus on the implementation of new
Regulations (eg. Practical Guide on Applicable
Legislation, Decision H6 on the value of insurance
periods, Decision S8 on substantial benefits in kind))
 Ongoing discussion on reimbursement of unemployment
benefits concerning Article 65(6) and (7) of Regulation 883
 Discussion of relationship between Regulation 883/2004
and (1) Directive 2004/38/EC and (2) Directive 2011/24/EU
on patients’ mobility
 EESSI
7

8. EESSI High-level Architecture
CI CI CI
CI
CI Member National CI
National State 2 Network
Network
CI
Member CI
State 1 EESSI
International Network
sTESTA
CI
Member State 3
National
Network CI
Member National
State “n” Network
CI CI CI
Member CI
National National State 4
Network Network
CI
CI
CI CI
CI Coordination Access
CI
Competent
Node Point Institution

9. EESSI: Current Developments
 EESSI being tested by 6 Member States
 Progress Report to be examined by Administrative
Commission in October
 Further work likely to improve the SEDs
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10. Developing Coordination with Non-
EU countries
 Implementation of Agreements with Morocco, Algeria,
Tunisia, Croatia, FYROM and Israel - EU negotiation
position adopted in October 2010
 Content
• Equal Treatment
• Export of Pensions
• Reciprocity clause for EU citizens
• Cooperation and Verification
 Forthcoming Communication on the External Dimension
of EU social security coordination and proposals for
implementation of agreements with Albania, Montenegro,
San Marino and Turkey (Akdas judgment!) 10

11. Keeping coordination modern
and dynamic
 Looking to bring long-term care benefits fully into the
coordination regime of the Regulation
 Reflections on rules on applicable legislation (highly
mobile workers)
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12. Better enforcement of EU rights
 Possible Proposal for a new instrument to facilitate
enforcement of Regulation 492/11
 Commission financing for cross-border cooperation
projects
 Improving the information available to citizens
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13. Campaign

15. Recent Case-Law
 Case C-503/09 Lucy Stewart: compatibility of a residence
requirement with Article 21 TFEU
 Case C-388/09 Da Silva Martins: exportability of long-term
care benefits
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