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1. Modernised EU
Social Security Coordination
trESS Seminar Porto 20 May 2010
Jörg Tagger, Deputy Head of Unit “Free movement of Workers on
Coordination of Social Security Systems”
DG Employment,
Social Affairs and
Inclusion

2. Legislation Applicable
Overview
1. Simplification
2. Improved protection for individuals
3. Modernisation and Clarification

3. 1. Simplification:
Reinforcement of the general
principles
• One legislation applicable
• Lex loci laboris for active persons
• Residence for non-active persons

4. 1. Simplification:
Reduction in the number
of specific provisions
• Similar rules are brought together in one place
• Specific cases are addressed through
the general principles

5. 2. Improved protection for individuals
"Clear and more effective cooperation between social
security institutions is a key factor in allowing the
persons covered by regulation (EC) 883/2004 to
access their rights as quickly as possible and under
optimum conditions."
Preamble of the IR, second paragraph

6. 2. Improved protection for individuals
76 BR:
Duty of mutual information and cooperation
for institutions and persons covered by the regulations
2(1) IR:
"Exchanges between Member States' authorities and
institutions and persons covered by the basic regulation
shall be based on the principles of public service, efficiency,
active assistance, rapid delivery and accessibility…"

7. 2. Improved protection for individuals
Provisional application of legislation
and provisional granting of benefits
6(1) IR:
Divergence of views about the legislation applicable:
person provisionally subject to one legislation identified
with an order of priority
6(2) IR:
Divergence of views about which institution should provide
the benefits: institution identified with an order of priority

8. 2. Improved protection for individuals
Dialogue and conciliation procedure
6(3) IR: Dialogue and conciliation procedure
in the event of:
• Doubts about the validity of a document or
the accuracy of the facts
• Difference of views concerning the determination
of the applicable legislation
• Difference of views about which institution should
provide the benefits in cash or in kind

9. Dialogue and conciliation mechanisms
Dialogue between institutions - Phase 1
Obligatory Max 6 months
Dialogue between competent authorities - Phase 2
Optional Max 6 weeks
Conciliation – Administrative Commission – Conciliation Board
Optional Max 6 months
DG Employment, Social Affairs and Equal Opportunities 9

10. 3. Modernisation and clarification
On posting, the new regulations:
• Set one-time limit of maximum 24 months
• Incorporate several elements resulting
from European Court of Justice case law
and Administrative Commission decisions

11. 3. Modernisation and clarification
Activities in 2 or more Member States
for the same employer
Introduction of a new criterion in Article 13 of BR:
• The proportion of activity exercised in
the Member State of residence has to be
substantial for the legislation of residence to apply
• Otherwise – if no substantial proportion
of activity in the Member State of residence:
refer to legislation of employer

12. 3. Modernisation and clarification
Activitiy in other Member States then
in the MS of residence
A Legislation applicable = Member State B
B

13. 3. Modernisation and clarification
Activities in 2 or more Member States for
the same employer (Attention: in the future also
several employers)
A Legislation applicable = Member State A
B
Only if substantial part of activities in the Member State of residence

14. 3. Modernisation and clarification
Activities in 2 or more MS for 2 or more
employers,
with registered offices or plase of business in
different Member States
A C
Legislation applicable = Member State A
B
If 2 or more employers and registered offices/place of business in different MS,
Member State of residence

15. 3. Modernisation and clarification
Determination of residence
If two or more Member State institutions have
different views about the determination of residence,
Article 11 of IR provides a list of criteria.
In the event that no agreement is reached,
the person's intention is decisive.

16. 3. Modernisation and clarification
Revision of Decisions and Recommendations of
the Administrative Commission
Revised by the Administrative Commission:
• Decision 181 (new Decision A2)
• Posting Guide (new Practical Guide)
Repealed by the Administrative Commission:
• Recommendation 16 on conclusion of
agreements pursuant to article 17 of 1408
• Decision 89 on persons employed by
diplomatic missions and consular posts
• Decision 126 on Article 14(1)a, 14a(1)a & 14(b) 1 & 2
• Decision 148 on form E101

17. 3. Modernisation and clarification
Transitional provisions
What if new provisions imply
a change of the legislation applicable?
Article 87(8) of BR provides for transitional
provisions in this case.

18. Transitional provisions
Article 87(7) BR
• Legislation determined under 1408/71 continues to apply
– if as a result of application of 883 person would become subject
to different legislation
– as long as relevant situation remains unchanged
– For a maximum period of 10 years
• Person can request to become subject to the legislation
applicable under 883.
DG Employment, Social Affairs and Equal Opportunities 18

19. 3. Modernisation and clarification
Portable documents
A document for individuals
– indicating which legislation applies in their case –
will be needed:
Portable Document A1 replaces E-Form 101

20. Where can I find more
information?
• DG EMPL Website
• Updated Small Guide
• Explanatory Notes
• TrESS e-learning tool and European Reports
• New Practical Guide on Applicable Legislation