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Recent developments at EU level concerning social security coordination

Recent developments at EU level concerning social security coordination. trESS seminar Sevilla 27 September 2012 Rob Cornelissen Monica Alfaro Murcia. Contents:. I . Reg (EU) 465/2012 modifying Reg 883/2004 and 987/2009 II. Update EEA and Switzerland

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Recent developments at EU level concerning social security coordination

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  1. Recentdevelopmentsat EU levelconcerning social security coordination trESS seminar Sevilla 27 September 2012 Rob Cornelissen Monica Alfaro Murcia

  2. Contents: I. Reg (EU) 465/2012 modifying Reg 883/2004 and 987/2009 II. Update EEA and Switzerland III. Communication on external dimension of EU social security coordination IV. Work of the Administrative Commission V. EESSI: Where are we now? VI. Information Sources

  3. I. Reg (EU) 465/2012 modifying Reg 883/2004 and 987/2009 • Based on 2010 Commission proposal • First importance of proposal: legal basis for changing the rules • First time that coordination ruleschangedafter entry into force of LisbonTreaty on 1 December 2009

  4. Situation beforeLisbonTreaty Twolegal bases: • Art 42 EC for employedpersonsand theirdependents (familymembers and survivors): co-decision Council and Parliament. Unanimity in Council required • Art 308 EC for all otherpersonscovered by Reg (self-employed, students, non-active people). Council legislator. Unanimity in Council required

  5. Situation underLisbonTreaty Two relevant provisions: • Art 48 TFEU: competence for employedand self-employedpersons and theirdependents. Ordinarylegislativeprocedure: co-decision Council and Parliament and qualifiedmajorityin Council (with a brake system) • Art 21 (3) TFEU: competence for all EU citizens not covered by Art 48 TFEU. Council islegislator. Unanimity in Council required

  6. 2010 Commission proposalbased on Art 48 TFEU only • Court: dual legal basis isexcluded if one Treaty provision requiresordinarylegislativeprocedure, whereas the otherrequires Council to actunanimously. In that case: determineappropriatelegal basis in light of general scope of Treaty • Commission: Art 48 TFEU isadequate and sufficientlegal basis

  7. Whyis Art 48 TFEU adequate and sufficientlegal basis? • Overwhelmingmajority of EU citizenscovered by Art 48 TFEU: • Wide meaning of "employed" and "self-employed" • Art 48 TFEU coversalsoretired "employed" and "self-employed" • Art 48 TFEU coversalsofamilymembers and survivors of "employed" and "self-employed" • Khalil judgment (2001): inclusion of refugees and statelesspersons ( a"veryrestrictedcategory of persons") in scope of Reg based on Art 51 EC (=Art 48 TFEU) valid

  8. Council and Parliamentagreewith Commission • 2010 Commission proposalbased on Art 48 TFEU adopted on 22 May 2012: Reg (EU) 465/2012 • Art 48 TFEU isadequate and sufficientlegal basis for future social security coordination legislation

  9. Changes in content in Reg 883/2004 and 987/2009 • Applicable legislation: change of rules for working in two or more MS • Introduction of concept of "home base" for aircrewmembers • Solution for formerly self-employedfrontierworkerswhowerecovered in MS of last activity but whose MS of residencedoes not have an unemploymentscheme for self-employed (Art 65a)

  10. II. Update EEA and Switzerland • EU/Swiss Joint CommitteeDecision 1/2012 • O.J. L 103 of 13 April 2012 • Reg 883/2004 and 987/2009 apply in relation to Switzerlandsince 1 April 2012 • EEA Joint CommitteeDecision 76/2011 • Adopted on 1 July 2011 (OJ L 262 of 6 October 2011) • Last notification of lifting constitutionalrequirements on 31 May, whichmeansthat Reg 883/2004 and 987/2009 apply in relation to IS, LI and NO since 1 June 2012

  11. III. Communication on external dimension of EU social security coordination • Context: globalised world • Social security coordination: rulesaimedatfacilitatingmobility • Globalisedeconomicenvironment. Labour mobilitybetween EU and rest of world growing reality

  12. External dimension EU social security coordination • Social security coordination between EU and rest of world: two possible ways: • National approach: bilateralagreements • Common EU approach

  13. Main message Communication • Strengthencooperationbetween MS to achieve more coherentapproach to social security coordination withthird countries • Bilateralagreements: patchyapproach, content differs • When acting together: strongerbargaining position • Proposes a new annual forum at EU level to strengthencooperationbetween MS as regards third countries

  14. Alreadyexisting impact of EU law on bilateralagreements • Gottardojudgment (2002): MS must grantnationals of other MS sameadvantages as thosewhichitsownnationalsenjoyunderbilateralagreementsconcludedwiththird countries • explanations to third countries • requests for cooperationfromthirdcountries

  15. Alreadyexisting impact of EU law on bilateralagreements • Reg 1231/2010: extension scope of Reg 883/2004 to third country nationals (TCN's) • Very existence of Reg 1231/2010 gives EU exclusive competence as regards social security coordination for TCN's in cross-border situation within EU

  16. Relationship EU social security coordination and bilateralagreements • In cases of conflict: EU Regulationstakeprecedence over national rulescontained in bilateralagreementswiththird countries • TCN is sent to a MS underterms of bilateral agreement withthird country and then moves to work in another MS: Reg 883/2004 applies • TCN works in two MS for employer established in third country: Reg 883/2004 applies

  17. Existing EU instruments dealingwith social securityrights of TCN's • Reg 1231/2010 • TCN fallingunder scope of Reg 883/2004 moves to third country. Equaltreatment as regards indexation MS's pension in third country • Long-termresidents Directive, Blue card and Single permit Directives, Researchers Directive: equaltreatment in social security

  18. Existing EU instruments dealingwith social securityrights of TCN's • Association agreements: • October 2010:adoption of common position to betaken in Association CouncilswithAlgeria, Morocco, Tunesia, Israel, FYROM and Croatia • Equaltreatment • Export of full amount of pensions • Framework of cooperation and verificationmechanisms to combat fraud

  19. Communication: develop EU approachfurther • Set of proposals for Council Decisions on the EU position in Association CouncilswithTurkey, Albania, San Marino and Montenegro • Explores possibility for an EU social securityagreement with certain third countries

  20. IV. Work of the Administrative Commission New Decisions and Recommendations • E3: extension 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 (pending publication)

  21. Working Parties of the AC • Child-raising periods (14 April 2011) • - followed up by Ad-hoc Group of the AC • Patients' mobility (4 October 2011) • - followed up by guidance from the Commission • Recovery(17 November 2011) • - followed up by explanatory note from the Commission • Family benefits (ex-Decisions Nos 147 and 150) (18 April 2012)

  22. Directive 2011/24/EU - patients' rights in cross-border healthcare • How does the patients' mobility Directive interact with the social security coordination rules in Regulations (EC) Nos 883/2004 and 987/2009? • Guidance note of the Commission on the interpretation of the relation of the two instruments presented to Committee on cross-border healthcare in May and Administrative Commission in June 2012

  23. Revision of coordination Regulations Scope: • coordination of long-term care benefits (LTC) • coordination of unemploymentbenefits Planning: • 2009-2011 Evaluation • 2012-2013 Impact assessment • 2014 Proposalfrom the Commission

  24. Revision of coordination Regulations Aim: • Improve social security protection of the migrant persons • Enhance effectiveness of the coordination regime • Legal certainty for all stakeholders • Simplification

  25. V. EESSI: Where are we now? • Transitional period for the implementation of EESSI in Member States is 24 months • Decision No E3 adopted in Autumn 2011: Transitional period extended with 24 months until 30 April 2014 (applicable since 1 February 2012, see OJ C 12, 14.1.2012, p. 6–7)

  26. EESSI Project Planning National preparations IT baseline robust version for the EU part of the Software Integration of user feedback Adaptation of Requirements Elaboration of a common set of structured documents and flows Integration of the user Feedback Development of national IT interfaces Training and preparation of institutions March 2012 March 2013 May 2014

  27. VI. Information Sources • Commission's website • http://ec.europa.eu/social-security-coordination • Links to legislation, official documents • Practical guide on applicable legislation • "Small Guide" on citizens' rights • Information sheets "Your rights country by country" • Explanatory notes and videos • trESSnetwork • http://www.tress-network.org • trESSseminars • Communication network

  28. New Smartphone Application - EHIC (Windows phone)

  29. New Smartphone Application - EHIC(Android and iPhone)

  30. Thank you very much for your attention!

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