1. trESS Seminar
Bucharest, 3 November 2011
« Recent developments in the coordination of social security at EU
level »
Rob Cornelissen and Felix Schatz
DG Employment, Social Affairs & Inclusion, European Commission

2. Legal framework 2011
Reg 1231/2010 Extension to 3rd
Reg 859/2003 country nationals
Reg 883/2004 Social
Reg 987/2009
Reg 987/2009
security
coordination
Reg 1408/71
Reg 574/72
Regulations 3 & 4
1959 1968 1972 2004 2010
Regulation 492/11
Free
movement
Directive 2004/38 of workers
Directive 68/360
Regulation 1251/70

3. Overview
 Legislative Developments: Recent and Foreseen
 Recent and current work of the Administrative Commission
 Future Developments
 Developing coordination with non-EU countries
 Recent Case-Law - a quick glimpse!
3

4. New Regulation 1231/2010
 Commision proposal 2007 to extend scope of Reg
883/2004 to TCN; no progress until 2010
 1.12.2009: Lisbon Treaty: Article 79 2) TFEU: co-decision
and qualified majority in Council!
 Entered into force on 1 January 2011
 No exceptions for AT/D on family benefits
 Replaces Reg 859/2003, except for UK
 Does not apply with regard to DK
 Does not apply with regard to Switzerland and EEA-
Xhymshiti judgment (Dec 2010)
4

5. Application of Regulations to EEA and
Switzerland
• EEA Agreement, Revised Annex VI adopted on 1 July 2011 and
expected to enter into force end 2011/beginning 2012
• EU-CH Agreement, Revised Annex II, final agreement still
outstanding; not likely to enter into force before 2012
• Legal basis of related Council Decisions:
– For EEA: Article 48 TFEU
– For Switzerland: Article 79(2) TFEU
– Grimme judgement ( November 2009)

6. Miscellaneous Amendments 2010
 Clarification and Amendments to Annexes
 Rectification of Article 13 (1) of Reg. 883/2004
 Use of “Homebase” for flying personnel
 Closing gap for certain unemployed self-employed
frontier workers (Article 65 (5) of Reg. 883/2004)
 Declaration by Member States at EPSCO June 2011
6

7. Decisions of the Administrative
Commission
• Revised Decisions and Recommendations
– OJ C 106, 24.4.2010, p. 1
– OJ C 107, 27.4.2010, p. 3
– see Decision H1 for details
• New Decisions, particularly:
– H5: cooperation on combating fraud and error (OJ C 149,
8.6.2010, p. 5)
– H6: application of Article 6 of Regulation (EC) No 883/2004
(OJ C 45, 12.2.2011, p.5)
– S8: substantial benefits in kind – Article 33 of Regulation
(EC) No 883/2004 (OJ C 262, 6.9.2011, p. 6)
• New Practical Guide on applicable legislation
(replaces the Posting Guide) 7

8. Decisions of the Administrative
Commission
• Decision H6:
– irrelevant whether periods are contributory or only
equivalent under national law
– no questioning of value of periods
– aggregation of periods (Article 6 BR) vs “other conditions”
(Point 3 of the Decision)
– assimilation of facts (Article 5 BR) – should not interfere
with aggregation (Recital 10 BR) – “other conditions”
8

9. Current work of the Administrative
Commission
• Reimbursement of unemployment benefits
granted to former frontier workers
– Article 65(6) and (7) of Regulation (EC) No 883/2004
• Relationship with other EU law instruments
– Directive 2011/24/EU on patients’ rights in cross-border
healthcare
– Directive 2004/38/EC on the right of citizens of the Union
and their family members to move and reside freely within
the territory of the Member States
– forthcoming instruments on the residence of third-country
nationals in the territory of the Member States
9

10. Current work of the Administrative
Commission
• Child-raising
periods
– Article 44 of Regulation (EC) No 987/2009
– Working Party of the AC on 14 April 2011
– Ad-hoc group mandated to further reflect and report back to
the AC
• Electronic
Exchange of
Social Security
Information
(EESSI)
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– EESSI progress report

11. EESSI High-level Architecture
CI CI CI
CI
CI Member National CI
National State 2 Network
Network
CI
Member CI
State 1 EESSI
International Network
sTESTA
CI
Member State 3
National
Network CI
Member National
State “n” Network
CI CI CI
Member CI
National National State 4
Network Network
CI
CI
CI CI
CI Coordination Access
CI
Competent
Node Point Institution

12. Outlook on future work
• Linking coordination better to the EU agenda
(mobility of the unemployed, White Paper on
pensions, SPC actions)
• Reflection on how to better coordinate of
long-term care benefits
• Reflection on new trends in the social and
economic environment
12

13. Developing Coordination with Non-
EU countries
 Implementation of Agreements with Morocco, Algeria,
Tunisia, Croatia, FYROM and Israel - EU negotiation
position adopted in October 2010
 Content
• Equal Treatment
• Export of Pensions
• Reciprocity clause for EU citizens
• Cooperation and Verification
 Forthcoming Communication on the External Dimension
of EU social security coordination and proposals for
implementation of agreements with Albania, Montenegro,
San Marino and Turkey (Akdas judgment!) 13

14. Recent Case-Law
 Case C-503/09 Lucy Stewart: compatibility of a residence
requirement with Article 21 TFEU
 Case C-388/09 Da Silva Martins: exportability of long-term
care benefits
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15. Information sources
• Commission‘s website
– http://ec.europa.eu/social-security-coordination
– Links to legislation, official documents
– Practical guide on applicable legislation
– “Small Guide“ on citizen‘s rights
– Explanatory notes
• trESS network
– http://www.tress-network.org
– trESS seminars
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16. Campaign