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Recent developments at EU level concerning social security coordination

trESS seminar in Bratislava9 October 2012

Jörg Tagger & Miroslava Hájková DG Employment, Social Affairs and Inclusion

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Overview

• 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

• Outlook• Review of provisions on unemployment and long-term care

• Information sources and funding

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LEGISLATIVE DEVELOPMENTS

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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

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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

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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

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EXTERNALDIMENSION

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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

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Key questions

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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

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WORK OF THE ADMINISTRATIVE COMMISSION

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New Decisions and Recommendations

• 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)

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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

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EESSI

Possibility to exchange SEDs / Pilot phase

Possibility to full exchange SEDs

Development and improvement

2013

2014

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Central system •Validation and prioritization ofrequirements (October 2012)•Agreement on specifications(December 2012)

Business model•Legal validation of SEDs and Flows - 3rd review, alignment process (December 2012)•Updated guidelines (December 2012)

EESSI – Current activities at EU level

Baseline version

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Working Parties of the AC

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Working Parties of the AC

• Child-raising periods (14 April 2011)• Followed-up by Ad-hoc Group of the AC, report due in

autumn 2012• Patients' mobility (4 October 2011)• Followed-up by guidance note of the Commission on the

relationship between Regulations (EC) Nos 883/2004 and 987/2009 on the coordination of social security systems and Directive 2011/24/EU on the application of patients' rights in cross-border healthcare.

• Presented to the Committee on cross-border healthcare in May and to the Administrative Commission in June 2012

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Working Parties of the AC

• Recovery (17 November 2011)• To be followed-up by an explanatory note from the

Commission• Family benefits; ex-Decisions Nos 147 and 150• (18 April 2012)• Recommendations adopted by Administrative Commission in

June 2012 – no need for replacing Decisions Nos 147 and 150• Applicable legislation (4 October 2012)• Review of the Practical Guide, especially in view of

Regulation (EU) No 465/2012

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OUTLOOK

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1st Revision of the social security coordination rules

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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

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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, C-388/09 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

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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 (C-131/95 Huijbrechts, 1/85 Miethe)•Extension of the period of export of unemployment benefits•Application of the principle of aggregation of periods

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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)

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Visit us @

http://ec.europa.eu/social-security-coordination http://www.facebook.com/#!/socialeurope

Thank you for you attention!