developments at EU level concerning social security coordination trESS seminar Sevilla 27 September 2012 Rob Cornelissen Monica Alfaro Murcia Contents I Reg ID: 429061
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Slide1
Recent developments at EU level concerning social security coordination
trESS
seminar
Sevilla
27
September
2012
Rob
Cornelissen
Monica Alfaro MurciaSlide2
Contents:I. Reg (EU) 465/2012 modifying Reg 883/2004 and 987/2009II. 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 SourcesSlide3
I. Reg (EU) 465/2012 modifying Reg 883/2004 and 987/2009Based on 2010 Commission proposalFirst importance of proposal:
legal
basis
for
changing
the
rules
First
time
that
coordination
rules
changed
after
entry
into
force of
Lisbon
Treaty
on 1
December
2009Slide4
Situation before Lisbon TreatyTwo legal bases:Art 42 EC for
employed
persons
and
their
dependents
(
family
members
and
survivors
):
co-decision
Council and
Parliament
.
Unanimity
in Council
required
Art
308 EC for
all
other
persons
covered
by Reg (
self-
employed
,
students
, non-active people). Council
legislator
.
Unanimity
in Council
required
Slide5
Situation under Lisbon TreatyTwo relevant provisions:Art 48 TFEU: competence
for
employed
and self-
employed
persons
and
their
dependents
.
Ordinary
legislative
procedure
:
co-decision
Council and
Parliament
and
qualified
majority
in Council (
with
a
brake
system)
Art 21 (3) TFEU:
competence
for all EU
citizens
not
covered
by Art 48 TFEU. Council
is
legislator
.
Unanimity
in Council
requiredSlide6
2010 Commission proposal based on Art 48 TFEU onlyCourt: dual legal basis is
excluded
if one
Treaty
provision
requires
ordinary
legislative
procedure
,
whereas
the
other
requires
Council to
act
unanimously
.
In
that
case:
determine
appropriate
legal
basis in light of
general
scope of
Treaty
Commission
: Art 48 TFEU
is
adequate
and
sufficient
legal
basisSlide7
Why is Art 48 TFEU adequate and sufficient legal basis?Overwhelming
majority
of EU
citizens
covered
by Art 48 TFEU:
Wide
meaning
of "
employed
" and "self-
employed
"
Art 48 TFEU
covers
also
retired
"
employed
" and "self-
employed
"
Art 48 TFEU
covers
also
family
members
and
survivors
of "
employed
" and "self-
employed
"
Khalil
judgment
(2001): inclusion of
refugees
and
stateless
persons
(
a"very
restricted
category
of
persons
") in scope of Reg
based
on Art 51 EC (=Art 48 TFEU)
validSlide8
Council and Parliament agree with Commission2010 Commission proposal based on Art 48 TFEU adopted on 22 May 2012: Reg (EU)
465/2012
Art
48 TFEU
is
adequate
and
sufficient
legal
basis for future social
security
coordination
legislationSlide9
Changes in content in Reg 883/2004 and 987/2009Applicable legislation: change of rules for working in two or more MSIntroduction
of concept of "home base" for
aircrew
members
Solution
for
formerly
self-
employed
frontier
workers
who
were
covered
in MS of last
activity
but
whose
MS of
residence
does
not have an
unemployment
scheme
for self-
employed
(Art 65a)Slide10
II. Update EEA and SwitzerlandEU/Swiss Joint Committee Decision 1/2012O.J. L 103 of 13 April 2012Reg 883/2004 and 987/2009
apply
in relation to
Switzerland
since
1 April 2012
EEA Joint
Committee
Decision
76/2011
Adopted
on 1 July 2011 (OJ L 262 of 6
October
2011)
Last notification of lifting
constitutional
requirements
on 31 May,
which
means
that
Reg 883/2004 and 987/2009
apply
in relation to IS, LI and NO
since
1
June
2012Slide11
III. Communication on external dimension of EU social security coordinationContext: globalised world
Social
security
coordination:
rules
aimed
at
facilitating
mobility
Globalised
economic
environment
. Labour
mobility
between
EU and
rest
of world
growing
realitySlide12
External dimension EU social security coordinationSocial security coordination between EU and rest of world:
two
possible
ways
:
National
approach
:
bilateral
agreements
Common EU
approachSlide13
Main message CommunicationStrengthen cooperation between MS to achieve more coherent
approach
to social
security
coordination
with
third
countries
Bilateral
agreements
:
patchy
approach
, content
differs
When
acting
together
:
stronger
bargaining
position
Proposes a new
annual
forum
at
EU
level
to
strengthen
cooperation
between
MS as regards
third
countriesSlide14
Already existing impact of EU law on bilateral agreementsGottardo judgment
(2002): MS must
grant
nationals
of
other
MS
same
advantages
as
those
which
its
own
nationals
enjoy
under
bilateral
agreements
concluded
with
third
countries
explanations
to
third
countries
requests
for
cooperation
from
third
countriesSlide15
Already existing impact of EU law on bilateral agreementsReg 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
EUSlide16
Relationship EU social security coordination and bilateral agreementsIn cases of conflict: EU Regulations
take
precedence
over national
rules
contained
in
bilateral
agreements
with
third
countries
TCN
is
sent to a MS
under
terms
of
bilateral
agreement
with
third
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
Slide17
Existing EU instruments dealing with social security rights of TCN's
Reg 1231/2010
TCN
falling
under
scope of Reg 883/2004 moves to
third
country.
Equal
treatment
as regards indexation
MS's
pension in
third
country
Long-
term
residents
Directive, Blue
card
and Single permit Directives,
Researchers
Directive:
equal
treatment
in social
securitySlide18
Existing EU instruments dealing with social security rights of TCN'sAssociation
agreements
:
October
2010:adoption of
common
position to
be
taken
in Association
Councils
with
Algeria
,
Morocco
,
Tunesia
,
Israel
, FYROM and
Croatia
Equal
treatment
Export of full
amount
of pensions
Framework of
cooperation
and
verification
mechanisms
to combat
fraudSlide19
Communication: develop EU approach furtherSet of proposals for Council Decisions on the EU position
in Association
Councils
with
Turkey
,
Albania
, San Marino and
Montenegro
Explores
possibility
for an EU social
security
agreement
with
certain
third
countriesSlide20
New Decisions and RecommendationsE3: 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)
IV. Work of the Administrative CommissionSlide21
Working Parties of the ACChild-raising periods (14 April 2011)- followed up by Ad-hoc Group of the ACPatients' 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)Slide22
Directive 2011/24/EU - patients' rights in cross-border healthcareHow 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 2012Slide23
Revision of coordination RegulationsScope: coordination of long-term care benefits (LTC)
coordination
of
unemployment
benefits
Planning:
2009-2011
Evaluation
2012-2013
Impact
assessment
2014
Proposal
from
the Commission Slide24
Revision of coordination RegulationsAim:Improve social security protection of the migrant personsEnhance effectiveness of the coordination regime
Legal certainty for all stakeholders
SimplificationSlide25
V. EESSI: Where are we now? Transitional period for the implementation of EESSI in Member States is 24 monthsDecision
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)Slide26
EESSI Project Planning
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
National
preparations
Development
of national
IT interfaces
Training and
preparation
of institutions
March 2012
March 2013
May 2014Slide27
VI. Information SourcesCommission's websitehttp://ec.europa.eu/social-security-coordinationLinks to legislation, official documentsPractical 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
Communication
networkSlide28
New Smartphone Application - EHIC (Windows phone) Slide29
New Smartphone Application - EHIC(Android and iPhone)Slide30
Thank you very much for your attention!