2011 - recent developments in the coordination of social security at eu level
TRANSCRIPT
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
9
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