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Recent developments at EU level concerning social security coordination

Recent developments at EU level concerning social security coordination. trESS seminar in Bratislava 9 October 2012 Jörg Tagger & Miroslava H ájková DG Employment , Social Affairs and Inclusion. Overview. Legislative developments Miscellaneous amendments 2010 EEA and Switzerland

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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 seminar in Bratislava 9 October 2012 Jörg Tagger & Miroslava Hájková 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 • EESSI • Outcome of Working Parties • Outlook • Review of provisions on unemployment and long-term care • Information sources and funding

  3. Legislative Developments

  4. Miscellaneous Amendments 2010 • Commission Regulation (EU) No 1244/2010 • Update of country-specific Annexes • Published in OJ L 338, 22.12.2010, p. 35 • Enteredinto 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 • Enteredinto force on 28 June 2012

  5. Regulation (EU) No 465/2012 • 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 • 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

  7. EXTERNALDimension

  8. 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

  9. Key questions

  10. 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

  11. Work of the Administrative Commission

  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(OJ C 240, 10.8.2012, p. 3)

  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 • Available on the Commission's website: http://ec.europa.eu/social-security-coordination • Planned update – Regulation (EU) No 465/2012 and other general developments

  14. EESSI Development and improvement Possibility to full exchange SEDs 2014 Possibility to exchange SEDs / Pilot phase 2013

  15. EESSI – Current activities at EU level 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) • Baseline version

  16. Working Parties of the AC

  17. Working Parties of the AC • Child-raising periods (14 April 2011) • Followed-up by Ad-hoc Group of the AC, report duein 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

  18. 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) • Recommendationsadoptedby Administrative Commission in June 2012 – noneedforreplacingDecisions Nos 147 and 150 • Applicable legislation (4 October 2012) • Review ofthePractical Guide, especially in viewof Regulation (EU) No 465/2012

  19. OUtlook

  20. 1st Revision of the social security coordination rules

  21. 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

  22. 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 underChapter 1 – Sickness, maternity and equivalentpaternitybenefits • 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: trESSThink Tank Report 2011; trESSanalysis of selected concepts 2010

  23. 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

  24. 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)

  25. Visit us @ http://ec.europa.eu/social-security-coordinationhttp://www.facebook.com/#!/socialeurope Thank you for you attention!

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