1. Recent developments in the field
of the coordination of social
security systems at EU level
trESS Seminar Copenhagen
23 September 2011
Jonathan Olsson & Felix Schatz
DG 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 framework
Background
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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 framework
Miscellaneous 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 framework
External 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 framework
External dimension
• Forthcoming Commission communication
on the international dimension of social
security coordination

7. Legal framework
External 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 framework
Directive 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 framework
Decisions 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 framework
Decisions 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 AC
Child-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 AC
Child-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. Questions
Thank you very much
for your attention