Presentation Transcript

1. Recent developments in the social security coordination

   trESS Seminar 24 September 2012 Jackie Morin
2. Overview Mobility debate Recent 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 Next steps
3. Mobility today 3 %EU citizens living in another Member State in 2012 0.5% EU workers are cross-border commuters = around 1.2 million workers 15 % EU citizens would not consider working in another Member State: too many obstacles Economic opportunities are a major driver of mobility: people go where jobs are Impact of the crisis: increasing diversity in unemployment East to West - decline in mobility of EU-10 citizens + signs of return migration South to North - early signs of increasing flows Low intra-EU mobility: 0,35% per year compared with 2,5% in the USA
4. Debates
5. 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
6. 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
7. 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
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. New Decisions and Recommendations of the Administrative Commission 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)
12. 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
13. EESSI Development and improvement Possibility to full exchange SEDs 2014 Possibility to exchange SEDs / Pilot phase 2013
14. 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
15. Working Parties of the AC
16. 1st Revision of the social security coordination rules
17. 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
18. 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
19. 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
20. Visit us @ http://ec.europa.eu/social-security-coordination http://www.facebook.com/#!/socialeurope Thank you for you attention!