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Recent developments at EU level concerning social security coordination

Recent developments at EU level concerning social security coordination. trESS bilateral seminar Lithuania-Latvia 19 April 2012 Miroslava Hájková & Felix Schatz DG Employment , Social Affairs and Inclusion. Overview. Legislative developments Miscellaneous amendments 2010

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Recent developments at EU level concerning social security coordination

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  1. Recent developments at EU level concerning social security coordination trESS bilateral seminar Lithuania-Latvia 19 April 2012 Miroslava Hájková & Felix Schatz DG Employment, Social Affairs and Inclusion

  2. 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 • Outcome of Working Parties • Case-law on social security coordination • Outlook • Review of provisions on unemployment and long-term care • Information sources and funding

  3. Legislative Developments

  4. Miscellaneous Amendments 2010 Commission Regulation1244/2010 (of 9.12.2010) • Published on 22 December 2010: update of Annexes EP-Council Regulation • Discussions started in January 2011 (HU Presidency) • EPSCO Council December 2011: general approach (PL Presidency) • EP Plenary – 18 April 2012

  5. Miscellaneous Amendments 2010 Main changes • Applicable legislation: change of rules for workingin 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

  6. EEA and Switzerland • EEA Joint Committee Decision No 76/2011 • adopted on 1 July 2011 (OJ L 262, 6.10.2011, p. 33) • not yet entered into force (pending approval by IS parliament) – possibly on 1 May 2012 • Regulations (EEC) Nos 1408/71 and 574/72 still apply in relation to IS, LI and NO • EC-CH Joint Committee Decision No 1/2012 • 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

  7. EXTERNALDimension

  8. Communication on the External Dimension of EU Social Security Coordination • 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

  9. 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

  10. Work of the Administrative Commission

  11. New Decisions and Recommendations • H5: cooperation on combating fraud and error (OJ C 149, 8.6.2010, p. 5) • H6: application of Article 6 of Regulation (EC) No 883/2004 (OJ C 45, 12.2.2011, p.5) • S8: substantial benefits in kind – Article 33 of Regulation (EC) No 883/2004 (OJ C 262, 6.9.2011, p. 6)

  12. 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 (pending publication)

  13. 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 • Separate chapter on applicable legislation when working in two or more Member States • Guidance on transitional arrangements • Available on the Commission's website: http://ec.europa.eu/social-security-coordination

  14. Working Parties of the AC • Child-raising periods • 14 April 2011 • Follow-up by Ad-hoc Group of the AC • Patients' mobility • 4 October 2011 • Follow-up by guidance from the Commissions

  15. Working Parties of the AC • Recovery • 17 November 2011 • Follow-up by an explanatory note by the Commission (to be finalised) • Family benefits (ex-Decisions Nos 147 and 150) • 18 April 2012

  16. 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? • Joint note on the interpretation of the two instruments in the light of the other to be presented to Administrative Commission in June

  17. Case-Law

  18. Case-law • Case C-440/09 Tomaszewska • Aggregation of periods • Link with Decision No H6 • Case C-388/09 da Silva Martins • Long-term care – need for reform of rules? • Case C-503/09 Stewart • Residence conditions • Influence of Union citizenship on the entitlement to social security benefits • Case C-257/10 Bergström • "0+1" aggregation of periods • Assimilation of facts (here: income)

  19. Decision No H6 of the AC • 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”

  20. Case-law • Case C-440/09 Tomaszewska • Aggregation of periods • Link with Decision No H6 • Case C-388/09 da Silva Martins • Long-term care – need for reform of rules? • Case C-503/09 Stewart • Residence conditions • Influence of Union citizenship on the entitlement to social security benefits • Case C-257/10 Bergström • "0+1" aggregation of periods • Assimilation of facts (here: income)

  21. OUtlook

  22. 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

  23. Revision of coordination Regulations Aim: • Improved social security protection of the migrant persons • Enhanced effectiveness of the coordination regime • Legal certainty for all stakeholders • Simplification

  24. 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 withinmaterial scope of coordination Regulations • Coordination underSicknessChapter • Jurisprudence of 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 Seealso: trESS Tank Report 2011; trESSanalysis of selected concepts 2010

  25. Unemployment Chapter A room for simplification and clarification? • complex coordination regime for cross-border workers (Article 65 and new Article 65a), including the new reimbursement mechanism (Decision U4) • application of the case-law of the Court of Justice (C-131/95, Huijbrechts, C-1/85, Miethe) • extension of the period of export of unemployment benefits • application of the principle of aggregation of periods

  26. Information SourcesFunding

  27. 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 • trESS network • http://www.tress-network.org • trESS seminars

  28. Information sources • New Smartphone Application – EHIC

  29. Funding by the Commission:Call for proposals 2012 • Financial support to: • - trans-national actions for cooperation and/or for improving information; • - transnational or national actions for preparing and implementing the system for electronic data exchange (EESSI). • Deadline for applications: 31 May 2012 • Details: http://ec.europa.eu/social/main.jsp?catId=630&langId=en&callId=347&furtherCalls=yes • Questions:by email: empl-b4-calls-proposals@ec.europa.eu

  30. Thank you very much for your attention! Questions

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