The document summarizes recent developments in EU social security coordination. It discusses legislative developments including a new regulation extending coordination rules to third country nationals and implementing several association agreements. It outlines new decisions by the Administrative Commission regarding applicable legislation, unemployment benefits, and substantial benefits in kind. Finally, it previews upcoming work on the international dimension of coordination, miscellaneous amendments, and linking coordination better to other EU initiatives and policies.

1. Recent developments in the field
of EU social security
coordination
trESS Seminar Aachen
7 October 2011
Miroslava HAJKOVA & Fleur VELTKAMP
DG Employment, Social Affairs & Inclusion

2. 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

3. 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 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

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
Miscellaneous 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”

6. 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)

7. Legal framework
Decisions 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)

8. 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”

9. Legal framework
Decisions 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

10. Legal framework
Upcoming
• Forthcoming Commission communication
on the international dimension of social
security coordination
• Miscellaneous amendments 2011

11. 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)

12. 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

13. 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

14. 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

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. 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

19. Questions
Thank you very much
for your attention