The document discusses recent developments in coordinating social security at the EU level, including new regulations extending coordination to third country nationals and amendments made in 2010. It also provides an overview of current and future work by the Administrative Commission, developing coordination with non-EU countries, and recent case law related to social security coordination.

1. trESS Seminar
Bucharest, 3 November 2011
« Recent developments in the coordination of social security at EU
level »
Rob Cornelissen and Felix Schatz
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
 Future Developments
 Developing coordination with non-EU countries
 Recent Case-Law - a quick glimpse!
3

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)
4

5. Application of Regulations to EEA and
Switzerland
• EEA Agreement, Revised Annex VI adopted on 1 July 2011 and
expected to enter into force end 2011/beginning 2012
• 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. Decisions of 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) 7

8. Decisions of 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”
8

9. Current work of the Administrative
Commission
• 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
9

10. Current work of the Administrative
Commission
• Child-raising
periods
– Article 44 of Regulation (EC) No 987/2009
– Working Party of the AC on 14 April 2011
– Ad-hoc group mandated to further reflect and report back to
the AC
• Electronic
Exchange of
Social Security
Information
(EESSI)
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– EESSI progress report

11. 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

12. 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
12

13. 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!) 13

14. 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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15. 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
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16. Campaign