Transcript Slide 1

Recent developments in the social
security coordination
trESS Seminar
24 September 2012
Jackie Morin
Overview
• Mobility debate
• Recent legislative developments
• Miscellaneous amendments 2010
• EEA and Switzerland
• External dimension
• Work of the Administrative Commission
• New decisions and recommendations and other forms of guidance
• EESSI
• Outcome of Working Parties
• Next steps
Mobility today
3%
EU citizens living in another
Member State in 2012
0.5%
EU workers are cross-border
commuters = around 1.2 million
workers
15 %
EU citizens would not consider
working in another Member
State: too many obstacles
Economic opportunities are a major
driver of mobility: people go
where jobs are
Impact of the crisis: increasing
diversity in unemployment
East to West - decline in mobility
of EU-10 citizens + signs of return
migration
South to North - early signs of
increasing flows
Low intra-EU mobility: 0,35% per year compared with
2,5% in the USA
Debates
Sustainability of social security systems
Consequences of enlargement
Mobility drivers
Miscellaneous Amendments 2010
• Commission Regulation (EU) No 1244/2010
• Update of country-specific Annexes
• Published in OJ L 338, 22.12.2010, p. 35
• Entered into force on 11 January 2011
• Regulation (EU) No 465/2012 of the European
Parliament and of the Council
• Published in OJ L 149, 8.6.2012, p. 4
• Entered into force on 28 June 2012
Regulation (EU) No 465/2012
• Main changes
• Applicable legislation: change of rules for working in 2 or
more MS - Article 13 BR and 14(5) and (5b) IR
• Introduction of the concept of “ home base” for air crew
members - Article 11(5) BR and 14(5a) IR
• Solution for formerly self-employed frontier workers who
were covered in the Member State of last activity, but
whose MS of residence does not have an unemployment
benefits scheme - Article 65a BR
EEA and Switzerland
• EEA Joint Committee Decision No 76/2011
• Adopted on 1 July 2011
• Published in OJ L 262, 6.10.2011, p. 33
• Regulations (EC) Nos 883/2004 and 987/2009 apply in
relation to IS, LI and NO since 1 June 2012
• EC-CH Joint Committee Decision No 1/2012
• Adopted on 31 March 2012
• Published in OJ L 103, 13.4.2012, p. 51
• Regulations (EC) Nos 883/2004 and 987/2009 apply in
relation to Switzerland since 1 April 2012
Communication on the External Dimension
of EU Social Security Coordination
• COM(2012) 153 final of 30 March 2012
• Makes the case for strengthening cooperation between
Member States to achieve a more coherent approach to
social security coordination with third countries
• Sets out ways in which the EU rules currently impact on
social security coordination with third countries
• Describes existing components of common EU approach
to social security coordination with third countries
Are the Member States totally free when negotiating bilateral
agreements?
Can we improve the way the Member States are sharing
their experiences when negotiating bilateral agreements?
Key
questions
What are the minimum provisions to be included in the
EU rules?
How to monitor the implementation of the association
agreements? What are the next steps?
Can we suggest the negotiation of EU agreements on social
security?
The Communication proposes
• The creation of a new annual forum at EU level to
strengthen cooperation between Member States as
regards third countries
• Exploring the use of EU social security agreements with
selected third countries
• Developing the common EU approach, including the
adoption of a second package of Association Council
decisions with Turkey, Albania, Montenegro and San
Marino
New Decisions and Recommendations
of the Administrative Commission
• E3: prolongation of transitional period for EESSI
(OJ C 12, 14.1.2012, p. 6)
• U4: reimbursement of unemployment benefits for
former frontier workers
(OJ C 57, 25.2.2012, p. 4)
• Recommendation No S1: healthcare coverage for
cross-border living organ donation
(OJ C 240, 10.8.2012, p. 3)
Practical Guide on applicable
legislation
• Replaces the "Posting Guide"
• Working instrument to assist institutions, employers and
citizens in the area of determining the applicable social
security legislation
• Available on the Commission's website:
http://ec.europa.eu/social-security-coordination
• Planned update – Regulation (EU) No 465/2012 and other
general developments
EESSI
Development and
improvement
2014
2013
Possibility to full exchange
SEDs
Possibility to exchange
SEDs / Pilot phase
Presentation layer
Business component (SEDs agreed,
flow attribution)
Transport and reliable messaging
EESSI – Current activities at EU level
Central system
• Validation and prioritization of
requirements (October 2012)
• Agreement on specifications
(December 2012)
Baseline version
Business model
• Legal validation of SEDs and Flows - 3rd review,
alignment process (December 2012)
• Updated guidelines (December 2012)
Working Parties of the AC
Child-raising periods (14 April 2011)
Patients' mobility (4 October 2011)
Recovery (17 November 2011)
Family benefits (18 April 2012)
Applicable legislation (4 October 2012)
1st Revision of the social security
coordination rules
Coordination of long-term care benefits (LTC)
Coordination of unemployment benefits
…
2009 – 2011
Evaluation
2012 – 2013
2014
Impact
Assessment
Commission'
proposals
Revision of the social security
coordination rules
• Aim
• Improved social security protection for migrant persons
• Enhanced effectiveness of the coordination regime
• Legal certainty for all stakeholders
• Simplification
Coordination of LTC benefits
• Is the current system of coordination of long-term
care benefits satisfactory? Is a new set of rules
needed & how radical the changes should be?
• LTC within material scope of coordination Regulations
• Coordination under Chapter 1 – Sickness, maternity and
equivalent paternity benefits
• Court of Justice (recent: C-208/07 Chamier-Glisczinski, C388/09 da Silva, C-206/10 Commission v Germany, C-538/11
Sax - pending)
• No definition, no list of benefits
See also: trESS Think Tank Report 2011; trESS analysis of selected
concepts 2010
Chapter 6 - Unemployment benefits
Room for simplification and clarification?
• Complex coordination regime for cross-border workers
(Article 65 BR and new Article 65a BR), including the new
reimbursement mechanism (Decision No U4)
• Application of the case-law of the Court of Justice (C131/95 Huijbrechts, 1/85 Miethe)
• Extension of the period of export of unemployment
benefits
• Application of the principle of aggregation of periods
Visit us @
http://ec.europa.eu/social-security-coordination
http://www.facebook.com/#!/socialeurope
Thank you for you attention!