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DG Employment, Social Affairs and
Equal Opportunities
Modernised Social Security Coordination
Regulations883/2004 & 987/2009
trESS SeminarPoitiers, 22 June 2010
Key figures - Mobility
DG Employment, Social Affairs and Equal Opportunities 2
2.3% of European living and working in an other Member State
11.5 million
10% have lived and worked in another country3% lived in another country, but did not work there
65 million
17% envisages working abroad in the future 85 million
Learning mobility: 8% went to school in another country, 3% to university and 4%participated in training abroad
About 675 000 persons benefited from ESF supported activities with an explicit link to labour mobility
Increase intra EU mobility by 40% between 2001 and 2008
More than 50% of SE, NO, LU, AT, DE have friends from another countryAround 30% for BE, UK, PT, FR, IT, GR, NL
Key figures on coordination
DG Employment, Social Affairs and Equal Opportunities 3
1.6 millions over 65 years residing in an other MS
40 000 unemployed looking for a job in an other MS
780 000 cross-border commuters in the EU (year 2006/2007)Condensed in the area of Central-Western Europe
Significant increases of in-commuting streams have been observed between 2000 and 2007 in Switzerland (+59 000),
Luxembourg (+40 000), Austria (+34 000), Netherlands (+25 000)
187 million EHIC distributed in 2009
DG Employment, Social Affairs and Equal Opportunities 4
DG Employment, Social Affairs and Equal Opportunities 5
DG Employment, Social Affairs and Equal Opportunities 6
The coordination :bridging the diversity
DG Employment, Social Affairs and Equal Opportunities 6
European level National level
Coordination
DG Employment, Social Affairs and Equal Opportunities 7
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EC Reg 1408/71
Implementing Reg 574/72
Consolid Reg
Reg 883/04
Implementing Reg
Regulations 3 & 4
Over 50 years of Social Security Coordination
19591959 19721972 19971997 20102010
DG Employment, Social Affairs and Equal Opportunities 8
Two New Regulations
• Regulation 883/2004 (the Basic Regulation) ('BR')
• The 987/2009 New Implementing Regulation ('IR')
• Both Regulations of equal value
• Cannot apply one without the other
DG Employment, Social Affairs and Equal Opportunities 9
Time Planning for implementing Regulations
Q1 Q2 Q3 Q4
2009Q1 Q2 Q3 Q4
2010Q1 Q2 Q3 Q4
2011Q1 Q2 Q3 Q4
2012
EESSI Transitional Period
New legal environment
New technical environment
Entry into application of the new Regulations
Preparatory period
Publication OJEESSI fully in place
Transition rule on applicable legislation – Art 87(8) of BR
Key Themes of the Modernised Regulations
• Updating • Simplification • Improved protection of rights • Clarification • Strengthened and Streamlined institutional
procedures
DG Employment, Social Affairs and Equal Opportunities 11EUROPEANCOMMISSION
Mobility implications for citizens - principles
Protected mobility
Aggregation of factsBetter information
DG Employment, Social Affairs and Equal Opportunities 12EUROPEANCOMMISSION
Implications for institutions
InsuranceInstitution
Cooperation
Active assistanceElectronic exchange
Better service
InsuranceInstitution
Personal scope – Extension to non active
EU
citizens
Non EU
All EU national who are covered under national
Law
1/3 country nationals
Moving within the EU
No transnational mobility
Reg 883/2004Reg 987/2009
Reg 859/2003Reg …/2010
Which matters are covered by the EU provisions on social security coordination?
Statutory schemes – opt-in possibility for certain contractual provisions (Agirc/Arco)
• Sickness benefits• Maternity and equivalent
paternity benefits• Accident at work• Occupational diseases• Invalidity benefits• Old age pensions
• Survivors’ benefits• Death grants• Unemployment benefits• Family benefits• Pre-retirement benefits
DG Employment, Social Affairs and Equal Opportunities 15
Enhanced Administrative Cooperation
Overall aim: to make citizens' rights more effective whilst at the same time facilitating institutional processes
• Art. 3(1) IR: mutual requirement on citizens and institutions to provide each other with information
• Art. 76 BR invigorated through new specific provisions• Art. 2(3) IR: requirement for institutions to re-route information• Art. 76 BR given practical effect through structured provisions
for compulsory dialogue (see Articles 5, 6, 16 and 60 IR)
Dialogue and conciliation procedures
DG Employment, Social Affairs and Equal Opportunities 16
6(3) IR: Dialogue and conciliation procedure
in the event of:• Doubts about the validity of a document or
the accuracy of the facts• Difference of views concerning the determination
of the applicable legislation • Difference of views about which institution should
provide the benefits in cash or in kind
Dialogue and conciliation mechanismsDecision N° A1 (12 June 2009)
DG Employment, Social Affairs and Equal Opportunities 17
Applicable legislation under Regulation 883/2004
Lex loci laboris for active personsResidence for non active persons
General principleArticle 11 of BR
PostingArticle 16 agreements
DerogationsArticles 12 and 16 of BR
In case of activities in 2 or more MS:MS of residence or
MS of registered office/business place
Conflicting rulesArticle 13 of BR
SeafarersContract staff of the EC
Special categoriesArticle 11(4) and 15 of BR
Activities in 2 or more MS as an employedPerson is subject to legislation of MS of:
• Residence if working for various employers
• Residence if working for 1 employer and pursues “Substantial activities” there (new rule)
• Establishment of employer if working for 1 employer and not pursuing substantial activities in MS of residence. If employer is established outside EU : MS of residence (new rule)
Activities in 2 or more MS as self-employedPerson is subject to legislation of MS of:
• Residence if pursuing “substantial part” there
• Centre of interest if he doesn’t pursue there “substantial part”
For determining ‘Centre of interest’, all aspects must be taken into account : place of business, habitual nature or duration of activities, number of services rendered
DG Employment, Social Affairs and Equal Opportunities 21
Chap 6: Unemployment – facilitate mobility
DG Employment, Social Affairs and Equal Opportunities 22
• Clarification of who is responsible for providing EHIC to persons not residing in competent State (Article 27 BR)
• Rights improved (members of family of frontier workers, retired frontier workers,rights of pensioners residing in another MS to get medical care in MS paying the pension)
Chap 1 : Sickness – key innovations
DG Employment, Social Affairs and Equal Opportunities 23
% of EHIC holder on 31/12/2009 over resident population on 1.1.2009
0% 20% 40% 60% 80% 100%
RomaniaGreece
BulgariaPolandLatviaSpain
CyprusHungary
LithuaniaFrance
EstoniaFinland
PortugalIceland
DenmarkNetherlands
BelgiumSloveniaNorway
SlovakiaMalta
IrelandSweden
ALLGermany
UKSwitzerlandCzech Rep
LuxembourgAustria
ItalyLiech.
DG Employment, Social Affairs and Equal Opportunities 24
• Importance of summary pension note: new basis for a possible review request from the claimant in relation to interaction between decisions notified therein (Article 48 IR)
• 'Investigating Institution' renamed 'Contact Institution' and given more proactive role (Article 47 IR)
Chap 4 & 5 : Pensions – key innovations
P1
DG Employment, Social Affairs and Equal Opportunities 25
• Clearer process for establishing order of priority for paying family benefits (Article 68 BR)
(1) rights available on basis of work, (2) on basis of pensions and (3) on basis of residence
• Distinction between 'family benefits' and 'family allowances' removed
• Same rules for pensioners and employed persons
• If amounts in other MS are higher than MS designated by priority: differential supplement
Chap 8 : Family benefits – key innovations
DG Employment, Social Affairs and Equal Opportunities 26
Ongoing work
The Administrative Commission
DG Employment, Social Affairs and Equal Opportunities 27
Interpretation and guidanceDecisions – Recommendations – guiding tools
Exchange of best practices Facilitate the uniform application of Community lawFoster and develop cooperation between MS
Increase efficiencyEncourage the use of new technologies. Adopt common structural rules for data processing services ... and on the use of standards ...
Conciliation
DG Employment, Social Affairs and Equal Opportunities 28
Work organisation
Decision Making
bodyAdministrative Commission
Task Force
Ad Hoc groupsPrepare documents and reports
Technical Commission
Audit BoardPrepare and coordinate work
Approve average costs and accounts
Support CASSTM on technical
aspects
Advisory Committee
2929
Recent Developments in the Administrative Commission
• AC Decisions and Recommendations• Portable Documents• Structured Electronic Documents (SEDs)• Miscellaneous Amendments 2010
Decisions and Recommendations of the Administrative Commission
A + Number Applicable Legislation
H + Number Horizontal, concerning general issues and rules of procedure, and also Financial provisions
E + Number Electronic Data Exchange
F + Number Family Benefits
S + Number Sickness Benefits
U + Number Unemployment Benefit
P + Number Pensions
EESSI (Electronic Exchange of Social Security Information)
EESSI is a core element in the new Regulations on social security coordination (Reg. 883/2004 and 987/2009)
– Enables institutions to exchange information electronically under a common secure network
Article 78 of Regulation 883/2004 (data processing)Article 4(2) and 88(4) of Implementing Regulation 987/2009 (IR)
– Ultimate aim: Better secure the social security rights of the mobile citizen
DG Employment, Social Affairs and Equal Opportunities 32
Exchanges of information between institutions
DG Employment, Social Affairs and Equal Opportunities 33
EESSI
Nationalnetwork
National network
Nationalnetwork
Offer a secured routingUpdate of Directory of institutions
10,000 to 15,000 institutions to be connectedthrough access points
More than 10 millions messages per yearContent of messages fully protected
SED SED
EESSI European network
National level
Information adequate / citizen rights
Can be performed / automatic processing
Use national language
By domains of social protection
Access
Point
Planning Overview for EESSI
DIRECTORY OF INSTITUTIONS
EESSI SOFTWARE ARCHITECTURE
SEDs
NATIONAL ADAPTATION AND TRAINING
DEVELOPMENT & REVIEW
DG Employment, Social Affairs and Equal Opportunities 37
Public EESSI Directory Interfacehttp://ec.europa.eu/employment_social/social-security-directory/
SED (Structured electronic documents)
DG Employment, Social Affairs and Equal Opportunities 38
Planned activities on SEDs
• Finalisation of paper version of SEDs (translated forms)
• Finalisation of electronic version of SEDs
Identification of mandatory fields, length of fields etc
• Preparation of correlation tables and guidelines by subgroups
• Documents available on the official website
DG Employment, Social Affairs and Equal Opportunities 39
DG Employment, Social Affairs and Equal Opportunities 40
Sector Number of SEDs
Applicable Legislation 7
Pensions 103
Sickness 31
Unemployment 28
Accidents at Work 63
Family 27
Recovery 13
Horizontal 15
DG Employment, Social Affairs and Equal Opportunities 41
Portable Documents
• Documents given to the customer to enable a right to be asserted, or confirm a status, or provide information
• Presently this function served by the E – Forms
• 9 new Portable Documents have been designed
DG Employment, Social Affairs and Equal Opportunities 42
Sector Portable Doc(s)
Legislation Applicable A1
Sickness S1, S2, S3
Accidents at Work DA1
Unemployment U1, U2, U3
Pensions P1
Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 43
A document for individuals
– indicating which legislation applies
in their case – will be needed:
Portable documents
DG Employment, Social Affairs and Equal Opportunities 44
Q1 Q2 Q3 Q4
2009Q1 Q2 Q3 Q4
2010Q1 Q2 Q3 Q4
2011Q1 Q2 Q3 Q4
2012
National adaptations and connexion
First European architecture – Version 1
New technical developments
Training and helpdesk activities
Tests and adaptations Version 1+
Planning for EESSI
DG Employment, Social Affairs and Equal Opportunities 45
Transitional ESSII PeriodAdministrative Commission Decision E1(includes)……
• Flexibility, cooperation and pragmatism
• Continued use of the E-forms
• Accept any valid document between institutions
• Phased adoption of EESSI
DG Employment, Social Affairs and Equal Opportunities 46
How to support the cooperation?
Tress Network and ReportsEuropean ReportsGlossaries & database
New financial tool to support information and cooperation between institutionsFrom January 2010Support to initiatives / cooperation between institutions (exchanges, conferences ...) & information on citizen’s rightsSubsidy up to 80% with transnational character
4747
Recent developments in the Council
• Proposal for a Regulation extending the provisions of Regulation 883/04 to nationals third country nationals
• Association Council Decisions
Social security – international dimension
Member States 1/3d countries
National bilateral agreements
Coordination of social security apply(Regulation 859/2003 currently updated)
MoroccoAlgeriaTunisiaIsrael
CroatiaFYROM
EEASwitz.
Association agreements – limited coordination
Application of full coordination rules
EU approach Turkey
San Marino
Serbia
Albania
Bosnia-Herz
4949
The Future
• International dimension of social security coordination
• Long-term care benefits
• Higlhy mobile workers & Follow-up Monti report
• Pensions (Green Paper)
• Miscellaneous amendments
DG Employment, Social Affairs and Equal Opportunities 50
Nice treaty Lisbon treaty
Article 42 EC for employed persons and the members of their families and survivors on the one hand
and Article 308 EC for the self-employed and students and the members of their families or survivors on the other hand.
Article 48 TFEU provides for a legal basis to coordinate not only for employed and self-employed persons (to be interpreted in a very wide sense), but also for their dependants. This means that also the members of the families and the survivors of "employed" and "self-employed persons" are covered.
Article 352 TFEU (corresponding to the current Article 308 EC).
Unanimity Qualified majority : employed and self-employed persons, the members of their families and retired persons
Unanimity : students and non-active persons
"break system": if a Member state is of the opinion that a Commission proposal would affect fundamental aspects of its social security system or would affect the financial balance of that system, it may request that the matter be referred to the European Council. The European Council has then to decide within four months either to refer back to the Council or to request the Commission to submit a new proposal; in that case the act originally proposed shall be deemed not to have been adopted.
New Website on Social Securityhttp://ec.europa.eu/social-security-coordination
Access to national information pages
Merci de votre attention
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