Recent Activities in EU Social Security Coordination

1. The EU social security coordination – recent and new activities regarding the implementation of Regulations (EC) Nos 883/2004 and 987/2009 trESS seminar in Padborg 13 September 2013 Albrecht Otting DG Employment, Social Affairs and Inclusion

2. EU Social Security Coordination in a wider context • Challenge of financial and economic crisis for free movement • Changed attitude of some member States • Contribution of free movement and social security coordination to new EU developments (Europe 2020)

3. Recent developments - Overview • Electronic Information Exchange (EESSI) • First Revision of Regulation 883/2004 • Highly Mobile Worker • Patients Mobility • Residence Issues • External Dimension

4. 1st Revision of the social security coordination rules • Aim • Improved social security protection for migrant citizens • Enhanced effectiveness of the coordination regime • Legal certainty for all stakeholders • Simplification

5. 1st Revision of the social security coordination rules • Coordination of long-term care benefits (LTC) • Coordination of unemployment benefits

6. 1st Revision of the social security coordination rules • Is the current system of coordination of long-term care satisfactory? Is a new set of rules needed and how radical the change should be? • LTC falls under the material scope of Regulation (EC) No 883/2004 (C-160/96 Molenaar) • Coordination under Chapter 1 – Sickness maternity and equivalent paternity benefits for cash benefits and benefits in kind • Recent rulings of the CJEU:- C-208/07 Chamier-Gliszinski,- C- 388/09 da Silva Martins- C-206/10 Commission v Germany • No definition, no list of benefits *Seealso: trESSThink Tank Report 2011; trESSanalysis of selected concepts 2010

7. 1st Revision of the social security coordination rules • Is there room for simplification and clarification regarding the coordination of unemployment benefits in Chapter 6? • Special rules on the aggregation of periods of insurance – Art. 61 (388/87 Warmerdam-Steggerda) • Extension of the period of export of unemployment benefits – Art. 64 (min 3 months, max 6 months) • Complex coordination regime for cross-border workers (Art. 65 and new Art. 65a), unsatisfactory reimbursement mechanism (Decision No U4) • further complicated by the case-law of the CJEU:- 1/85 Miethe and C-443/11 Jeltes- C- 131/95 Huijbrechts

8. Highly Mobile Workers • Commission Task Force to identify problems and challenges for highly mobile workers, including socials security coverage and tax matters • Gathering of existing evidence and collective reflection on challenges • Commission Staff working document

9. Residence Issues • Politically very sensitive • Relationship between Directive 2004/38 (= right to reside) and Regulation (EC) No 883/2004 (= coordination of rights to social security beenfits) • AdHoc Group on Habitual Residence - Elaboration of Principles to be included in Practical Guide • ICF GHK study on the impact of mobility of non-active persons on SNCBs and healthcare granted on the basis of residence

10. 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

11. Key questions

12. The Communication proposed • 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 a common EU approach, including the adoption of a second package of Association Council decisions with Turkey, Albania, Montenegro and San Marino

13. New Decisions and Recommendationsof the Administrative Commission • Decision R1 concerning the interpretation of Article 85 Reg 987/2009 • Decision S9: concerning refund procedures under Articles 35 and 41 (revising Decision S4) • Recommendation H1: concerning the Gottardo judgement (updating Recommendation P1)

14. Keep coordination modern & dynamic • Relate closely the Coordination to the European Agenda (Mobility of Unemployed, White Paper on Pensions, Discussions within the SPC) • Increase the link with other EU initiatives • Cross-border healthcare Directive • Residence Directive • Home Instruments (Single Permit, Blue Card, Seasonal Workers and ICT Directives) • Reflections on new Trends in the social and economic environment (Activation Measures)

15. Visit us @ http://ec.europa.eu/social-security-coordinationhttp://www.facebook.com/#!/socialeurope Thank you for you attention!