Recent developments in the field of the coordination of social security systems at EU level tress Seminar Copenhagen 23 September 2011

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1 Recent developments in the field of the coordination of social security systems at EU level tress Seminar Copenhagen 23 September 2011 Jonathan Olsson & Felix Schatz DG Employment, Social Affairs & Inclusion

2 Overview Legal framework Legislative developments Decisions by the Administrative Commission Current work of the Administrative Commission Outlook on future work Information sources

3 Legal framework Background Regulations 3 & 4 Reg. 1408/71 Impl. Reg. 574/72 Consolid. Reg Impl. Reg. 987/2009 Reg. 883/2004

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, , 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 External dimension Regulation (EU) No 1231/2010 OJ L 344, , p. 1 extension of new coordination rules to third country nationals as of 1 January 2011 does not apply in DK replaces Regulation (EC) No 859/2003 (not for UK) Implementation of certain association agreements (Algeria, Croatia, FYROM, Israel, Morocco, Tunisia) Equal treatment Export of pensions Reciprocity clause for EU citizens Cooperation and verification

6 Legal framework External dimension Forthcoming Commission communication on the international dimension of social security coordination

7 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)

8 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)

9 Legal framework Decisions by the Administrative Commission Revised Decisions and Recommendations OJ C 106, , p. 1 OJ C 107, , p. 3 see Decision H1 for details New Decisions, particularly: H5: cooperation on combating fraud and error (OJ C 149, , p. 5) H6: application of Article 6 of Regulation (EC) No 883/2004 (OJ C 45, , p.5) S8: substantial benefits in kind Article 33 of Regulation (EC) No 883/2004 (OJ C 262, , p. 6) New Practical Guide on applicable legislation (replaces the Posting Guide)

10 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

11 Current work of the AC 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

12 Current work of the AC 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)

13 Current work of the AC Child-raising periods Article 44 of Regulation (EC) No 987/2009 Agreement in principle on a number of issues: child-raising periods are defined by national legislation (can also be contributory periods) receipt of maternity or equivalent paternity cash benefits = exercise of gainful activity (Article 11(2) BR), also in respect of Article 44 IR once competence has shifted to another MS, no reactivation of competence of previous MS when granting of benefits under legislation of the other MS will have ended Article 44 IR does not apply to non-active persons (implementation of Elsen and Kauer)

14 Current work of the AC Child-raising periods Further work still necessary on: meaning of no child-raising period is taken into account (generally or in specific case?) transition from old to new coordination rules (date of submission of claim?) Combined use of current SEDs P1000 and P5000 sufficient (experience needed)

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 Links to legislation, official documents Practical guide on applicable legislation Small Guide on citizen s rights Explanatory notes tress network tress seminars

17 Thank you very much for your attention Questions