trRESS SeminarDublin, 15 September 2011

« Recent developments in the coordination of social security at EU level »

Rob Cornelissen

DG Employment, Social Affairs & Inclusion, European Commission

Legal framework

19591959 19721972 2010201019681968

Regulation 492/11

Social security coordination

Free movement of workers

20042004

Reg 987/2009Reg 987/2009

Reg 1408/71

Reg 883/2004

Regulations 3 & 4

Directive 2004/38

Reg 859/2003

Reg 1231/2010 Extension to 3rd country nationals

Reg 574/72

Directive 68/360Regulation 1251/70

20112011

3

Overview

Legislative Developments: Recent and Foreseen

Recent and current work of the Administrative Commission

Developing coordination with non-EU countries

Future Developments

Recent Case-Law - a quick glimpse!

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)

Application of Regulations to EEA and Switzerland

• EEA Agreement, Revised Annex VI adopted on 1 July 2011 and expected to enter into force late 2011

• 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

7

Work of the Administrative Commission

Continued Focus on the implementation of new Regulations (eg. Practical Guide on Applicable Legislation, Decision H6 on the value of insurance periods, Decision S8 on substantial benefits in kind))

Ongoing discussion on reimbursement of unemployment benefits concerning Article 65(6) and (7) of Regulation 883

Discussion of relationship between Regulation 883/2004 and (1) Directive 2004/38/EC and (2) Directive 2011/24/EU on patients’ mobility

EESSI

EESSI High-level Architecture

MemberState 1

MemberState 2

CI

CI

MemberState 4

CI

CI

CI

CI

CI CICI CICI

CI

CI

Member State 3

CI

CI

CI

MemberState “n”

CI

CI

CI

CoordinationNode CI Competent

InstitutionAccessPoint

NationalNetwork

NationalNetwork

NationalNetwork

NationalNetwork

sTESTA

EESSIInternational Network

NationalNetwork

NationalNetwork

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EESSI: Current Developments

EESSI being tested by 6 Member States

Progress Report to be examined by Administrative Commission in October

Further work likely to improve the SEDs

10

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!)

11

Keeping coordination modern and dynamic

Looking to bring long-term care benefits fully into the coordination regime of the Regulation

Reflections on rules on applicable legislation (highly mobile workers)

12

Better enforcement of EU rights

Possible Proposal for a new instrument to facilitate enforcement of Regulation 492/11

Commission financing for cross-border cooperation projects

Improving the information available to citizens

Campaign

15

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