Modernised Social Security Coordination

1. ModernisedSocial Security Coordination Regulations 883/2004 and 987/2009 Jackie Morin DG Employment, Social Affairs and Equal Opportunities

2. Labour Mobility – evidence in Europe DG Employment, Social Affairs and Equal Opportunities

3. EUROPE AS AN ENTITY 2.2% of European living and working in an other Member State 6 millions working in an other MS - 1 million cross frontiers workers 250 000 pensionners each year / totalisation 1.6 millions over 65 years residing in an other MS 40 000 unemployed looking for a job in an other MS DG Employment, Social Affairs and Equal Opportunities

4. THE COORDINATION BRIDGING THE DIVERSITY Social security 26.9 % of GDP DG Employment, Social Affairs and Equal Opportunities

5. Impl. Reg 987/2009 Reg 883/2004 Consolid Reg EC Reg 1408/71 Implementing Reg 574/72 Regulations 3 & 4 1959 1972 1997 Over 50 years of Social Security Coordination ____________________ _______________________ ____________________________ _______________________________ 2010 DG Employment, Social Affairs and Equal Opportunities

6. Time Planning for implementing Regulations 2009 2010 2011 2012 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Preparatory period New legalenvironment New technicalenvironment EESSI TransitionalPeriod EESSI operational Publication OJ EESSI fully in place Entry into application of the new Regulations DG Employment, Social Affairs and Equal Opportunities

7. Basic Principles of Social Security Coordination unchanged Legal Basis Article 42 EC: aim to ensure citizens do not lose social security rights when they move • Equality of treatment regardless of nationality • Legislation of only one Member State applies at any one time • Periods of insurance acquired in different Member States can be aggregated • Benefits can be exported Source: European Commission, DG Employment, Social Affairs and Equal Opportunities

8. Applicable legislation DG Employment, Social Affairs and Equal Opportunities

9. Applicable legislation DG Employment, Social Affairs and Equal Opportunities

10. Substantial activity • To determine whether a substantial part of the activities is pursued in a Member State, the following indicative criteria shall be taken into account: • In the case of an empoyed activity, the working time and/or the remuneration; • In the case of a self-employed activity, the turnover, working time, number of services redered and/or income • In the framework of an overall assessment, a share of less than 25% in respect of the criteria mentionned above shall be an indicator that a substantial part of the activities is not being pursued in the relevant Member State • Article 14.8 of IR DG Employment, Social Affairs and Equal Opportunities

11. Workers’ geographical mobility

12. Main characteristic Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 12

13. Better information for citizens • The modernized coordination system improves the right of citizens to obtain information • Making the rights effective « The principles of free movement and equal treatment for EU citizens must become a reality in people’s everyday lives » « We can do more to promote people’s rights, and make their access to these rights easier » President Barroso – 3d September 2009 DG Employment, Social Affairs and Equal Opportunities

14. Improved protection for individuals 76 BR:Duty of mutual information and cooperationfor institutions and persons covered by the regulations 2(1) IR: "Exchanges between Member States' authorities and institutions and persons covered by the basic regulation shall be based on the principles of public service, efficiency, active assistance, rapid delivery and accessibility…" Source: European Commission, DG Employment, Social Affairs and Equal Opportunities

15. Improved protection for individuals Provisional application of legislation and provisional granting of benefits 6(1) IR: Divergence of views about the legislation applicable:person provisionally subject to one legislation identified with an order of priority 6(2) IR: Divergence of views about which institution should provide the benefits: institution identified with an order of priority Source: European Commission, DG Employment, Social Affairs and Equal Opportunities

16. Improved protection for individuals Dialogue and conciliation procedure 6(3) IR: Dialogue and conciliation procedure in the event of: • Doubts about the validity of a document or the accuracy of the facts • Difference of views concerning the determination of the applicable legislation • Difference of views about which institution should provide the benefits in cash or in kind Source: European Commission, DG Employment, Social Affairs and Equal Opportunities

17. Dialogue and conciliation mechanisms DG Employment, Social Affairs and Equal Opportunities

18. Portable documents A document for individuals – indicating which legislation applies in their case – will be needed: Source: European Commission, DG Employment, Social Affairs and Equal Opportunities

19. Electronic Exchange of Information as the norm AP AP I I I I I I I

20. More Information… http://ec.europa.eu/free-movement-of-workers http://ec.europa.eu/social-security-coordination http://ehic.europa.eu DG Employment, Social Affairs and Equal Opportunities