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The EU social security coordination – recent and new activities regarding the implementation of Regulations (EC) Nos 883/2004 and 987/2009 trESS seminar in Padborg 13 September 2013 Albrecht Otting DG Employment, Social Affairs and Inclusion Social Europe EU Social Security Coordination in a wider context • Challenge of financial and economic crisis for free movement • Changed attitude of some member States • Contribution of free movement and social security coordination to new EU developments (Europe 2020) Social Europe Recent developments - Overview 1. Electronic Information Exchange (EESSI) 2. First Revision of Regulation 883/2004 3. Highly Mobile Worker 4. Patients Mobility 5. Residence Issues 6. External Dimension Social Europe 1st Revision of the social security coordination rules • Aim • Improved social security protection for migrant citizens • Enhanced effectiveness of the coordination regime • Legal certainty for all stakeholders • Simplification Social Europe 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's proposal Social Europe 1st Revision of the social security coordination rules • Is the current system of coordination of long-term care satisfactory? Is a new set of rules needed and how radical the change should be? • LTC falls under the material scope of Regulation (EC) No 883/2004 (C-160/96 Molenaar) • Coordination under Chapter 1 – Sickness maternity and equivalent paternity benefits for cash benefits and benefits in kind • Recent rulings of the CJEU: - C-208/07 Chamier-Gliszinski, - C- 388/09 da Silva Martins - C-206/10 Commission v Germany • No definition, no list of benefits *See also: trESS Think Tank Report 2011; trESS analysis of selected concepts 2010 Social Europe 1st Revision of the social security coordination rules • Is there room for simplification and clarification regarding the coordination of unemployment benefits in Chapter 6? • Special rules on the aggregation of periods of insurance – Art. 61 (388/87 Warmerdam-Steggerda) • Extension of the period of export of unemployment benefits – Art. 64 (min 3 months, max 6 months) • Complex coordination regime for cross-border workers (Art. 65 and new Art. 65a), unsatisfactory reimbursement mechanism (Decision No U4) • further complicated by the case-law of the CJEU: - 1/85 Miethe and C-443/11 Jeltes - C- 131/95 Huijbrechts Social Europe Highly Mobile Workers • Commission Task Force to identify problems and challenges for highly mobile workers, including socials security coverage and tax matters • Gathering of existing evidence and collective reflection on challenges • Commission Staff working document Social Europe Residence Issues • Politically very sensitive • Relationship between Directive 2004/38 (= right to reside) and Regulation (EC) No 883/2004 (= coordination of rights to social security beenfits) • AdHoc Group on Habitual Residence - Elaboration of Principles to be included in Practical Guide • ICF GHK study on the impact of mobility of non-active persons on SNCBs and healthcare granted on the basis of residence Social Europe 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 Social Europe 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? Social Europe The Communication proposed • 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 a common EU approach, including the adoption of a second package of Association Council decisions with Turkey, Albania, Montenegro and San Marino Social Europe New Decisions and Recommendations of the Administrative Commission • Decision R1 concerning the interpretation of Article 85 Reg 987/2009 • Decision S9: concerning refund procedures under Articles 35 and 41 (revising Decision S4) • Recommendation H1: concerning the Gottardo judgement (updating Recommendation P1) Social Europe Keep coordination modern & dynamic • Relate closely the Coordination to the European Agenda (Mobility of Unemployed, White Paper on Pensions, Discussions within the SPC) • Increase the link with other EU initiatives • • • Cross-border healthcare Directive Residence Directive Home Instruments (Single Permit, Blue Card, Seasonal Workers and ICT Directives) • Reflections on new Trends in the social and economic environment (Activation Measures) Social Europe Visit us @ http://ec.europa.eu/social-security-coordination http://www.facebook.com/#!/socialeurope Thank you for you attention! Social Europe