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DG Employment, Social Affairs and
Equal Opportunities
Modernised EU Social Security Coordination and
Applicable Legislation
TRESS Seminar Bucharest, 27th April 2010Gillian More, Unit E3, DG Employment, European
Commission,
Overview
I Key Themes in the Modernised Rules
II Modernised Provisions on applicable legislation
III Information Sources on the modernised rules
Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 33
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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
Key Themes of the Modernised Regulations
• Updating so rules correspond with current social practices (eg. Provision for child-raising periods)
• Simplification (eg. Personal scope – Article 2 BR)• Improved protection of rights (eg. – improved information
and assistance to citizens– Articles 2 & 3(1) IR )• Clarification – incorporation of ECJ case-law in a range of
areas (e.g. Article 5 BR – Assimilation of Facts)• Strengthened and Streamlined institutional procedures
(e.g. electronic data exchange; administrative cooperation)
DG Employment, Social Affairs and Equal Opportunities 5
Applicable Legislation - overall approach
• Principle of one applicable legislation strengthened • Strengthening of “lex loci laboris” principle• “Lex loci domicilii” for non-active persons (Article
11(3)(e))• Direct link to personal scope of Regulation
Applicable Legislation: Overview of Main Changes
1. Posting Rules
2. Deletion of specific categories of persons or activities where special rules applied;
3. New approach to pursuit of activities in 2 or more States
4. Dialogue and Conciliation procedure plus extension of rules for provisional application of legislation
• Maximum of two years - no extension• Main conditions remain applicable:
– Definitions in Article 14 Implementing Regulation– New Decision A2 on posting adopted by Administrative
Commission on 12 June 2009– Revised posting guide (Part 1)
New Portable Document A1
DG Employment, Social Affairs and Equal Opportunities 7
New provisions on posting of employed persons (Article 12(1) BR)
Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 8
A document for individuals
Portable documents
Deletion of special rules for specific categories of persons
SPECIFIC PROVISIONS DELETED:• International transport workers;• Persons employed by diplomatic missions and consular posts
SPECIFIC PROVISIONS RETAINED:• Mariners (Art. 11(4) BR);• Civil servants (Art. 11(3)(b))
New approach to pursuit of activities for 1 employer in 2 or more MS (Art. 13(1) BR)
• Legislation of MS of residence is applicable:- If the proportion of activity in that MS is substantial
What is “substantial”? - look at working time and/or remuneration (Article 14(8) IR)
- Less than 25% indicates that not substantial
• Otherwise: legislation of MS in which registered office of employer is situated
[Guidance will be inserted into Part 2 Posting Guide]
Transitional provisions (Article 87(8) BR)
• Legislation determined under 1408/71 continues to apply– if as a result of application of 883 person would become
subject to different legislation– as long as relevant situation remains unchanged – For a maximum period of 10 years
• Person can request to become subject to the legislation applicable under 883.
DG Employment, Social Affairs and Equal Opportunities 11
Dialogue and conciliation procedure (Arts. 5 and 6 IR)
DG Employment, Social Affairs and Equal Opportunities 12
Art. 6(1) IR:
Divergence of views about the legislation applicable: person provisionally subject to one legislation identified with an order of priority
Art. 6(2) IR:
Divergence of views about which institution should provide the benefits: institution identified with an order of priority
Provisional application of legislation and provisional granting of benefits
Information Sources on the new Regulations
• Explanatory Notes on DG EMPL website• New Small Guide – publication foreseen May 2010• Information campaign for citizens 2nd half 2010• Updated Website
Explanatory Notes (on the modernised rules)
2010 Small Guide
The new website: homepage
EESSI
Network
Electronic Exchange of Social Security Information
I
II
I
I
I
AP AP
I
EESSI
Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 20
EESSI
EESSI is a twofold activity
Creation of a Europeaninfrastructure to exchange SEDs
Identification of the Business (flows, SEDs and data, institution data)
EESSI – Overall planning 2009-2012
Development and Implementation phase of EESSI system currently in progress with Siemens IT Solutions and Services
May 2010: Directory Services operational
December 2010: EESSI data messaging system operational
Dec 2010-April 2012: National administrations in Member States connecting to EESSI
Public EESSI Directory Interface
EESSI – Overall planning 2009 - 2012
2010
1 2 312 1 2 3 4 5 6 7 8 9 10 11 12
2011
4
Preparation of SEDs for upload in EESSI
Preparation for GO LIVE
End of SiemensContractual term
Directory Services
Flows SEDS
Messaging system
Development by Siemens and testing
Paper SED - example
DG Employment, Social Affairs and Equal Opportunities 24
Planning preparation of paper SEDs (I)
First batch of paper SEDs
• Accepted by the Administrative Commission on 14 April
- family benefits (all)- unemployment benefits (majority) - sickness benefits (50%)- pensions (SED on child raising periods)
• The first batch of SEDs are currently being translated and will be ready in all languages early June
Planning preparation of paper SEDs (II)
Second and third batch of paper SEDs
• To be accepted by the Administrative Commission in next two meetings
• Second batch will contain paper SEDs in the field of recovery (50%) and pensions (7 SEDs)
• Third batch will cover all remaining SEDs
Further steps in the process of identification of the business
After finalisation of the work on the paper version of the SEDs the expert groups will focus on:
- Technical definition of the data fields in SEDs for use in EESSI
- to be ready before upload in EESSI end of 2010 - Guidance on use of flows and SEDs
Transition from 1408/71 to 883/2004 - How will it work?
JULY JULY 20092009
MAYMAY20102010
DECEMBER DECEMBER 20102010
MAYMAY20122012
TRAINING, INFORMATION PERIOD
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TRANSITIONAL PERIOD
EESSI Starts to functionEESSI Starts to function
ImplementingImplementingRegulation adoptedRegulation adopted
Regulations Regulations become applicablebecome applicable
Decision E1 on practical arrangements for the transitional period for electronic data exchange
• Good cooperation, pragmatism and flexibility• E-forms, where electronically produced, may still be
used• Institutions shall accept relevant information on any
document issued by other institutions
EESSI newsletter
DG Employment, Social Affairs and Equal Opportunities 30