DG Employment, Social Affairs and Equal Opportunities Modernised EU Social Security Coordination Social Security Rights when moving in Europe

DG Employment, Social Affairs and Equal Opportunities2 Overview Introduction to EU Social Security Coordination Modernised EU Social Security Coordination Key innovations in specific areas What lies ahead

DG Employment, Social Affairs and Equal Opportunities3 ____________________________ ___________________________________________ _______________________________ EC Reg 1408/71 Implementing Reg 574/72 Consolid Reg Reg 883/04 Impl. Reg 987/2010 Regulations 3 & 4 Over 50 years of Social Security Coordination

DG Employment, Social Affairs and Equal Opportunities444 Legislative Update (I) Where are we today ? Regulation 883/2004 of 29 April 2004 on the coordination of social security schemes New Implementing Regulation 987/2009 of 16 September 2009 Regulation 988/2009 of 16 September 2009 amending Regulation 883/04 and determining the content of its annexes Proposal for a Regulation extending the provisions of Regulation 883/04 to nationals third country nationals

DG Employment, Social Affairs and Equal Opportunities555 Legislative Update (II) Decisions of the Administrative Commission Package of new Administrative Commission decisions adopted to facilitate the application of the new Regulations (for example, concerning the new dialogue and conciliation procedure) Framework Decision on transition from 1408/71 to 883/04 (repeal or update of old decisions)

DG Employment, Social Affairs and Equal Opportunities6 Basic Principles of Social Security Coordination unchanged Legal Basis Article 48 TFUE (ex 42 TCE): aim to ensure citizens do not lose social security rights when they move Equality of treatment regardless of nationality Legislation of only one Member State applies at any one time Periods of insurance acquired in different Member States can be aggregated Benefits can be exported

DG Employment, Social Affairs and Equal Opportunities Modernised EU Social Security Coordination

DG Employment, Social Affairs and Equal Opportunities8 Two New Regulations Regulation 883/2004 (the Basic Regulation) ('BR') Implementing Regulation 987/2009 ('IR') Both Regulations of equal value Cannot apply one without the other

DG Employment, Social Affairs and Equal Opportunities9 Modernisation Simplification Clarification Increased Flexibility Improved Protection of citizens' rights Enhanced cooperation Key Elements of Modernised Social Security Coordination

DG Employment, Social Affairs and Equal Opportunities10 Improved and speedier procedures for reimbursement of healthcare costs between Member States (Articles IR); New procedures for recovery or offsetting of benefits provided but not due (Articles IR) Requirement for data to be exchanged electronically (Article 4 IR) Modernisation (1) – New Procedures for Better Management of Claims

DG Employment, Social Affairs and Equal Opportunities11 For example: Inclusion of paternity benefits (as equivalent to maternity benefits) (Article 3(1) BR); Inclusion of funded pension schemes (see Article 52(5)BR and Annex VIII, Part 2); Inclusion of pre-retirement benefits (Article 66 BR) Modernisation (2) – Legal Aspects

DG Employment, Social Affairs and Equal Opportunities12 EESSI Network Modernisation – Technical aspects EESSI

DG Employment, Social Affairs and Equal Opportunities13 I I I I I I AP I Modernisation – Technical aspects EESSI

DG Employment, Social Affairs and Equal Opportunities14 Some examples: One single definition in Article 2 setting out the personal scope of the Regulation (old Annex 1 deleted) Common principles grouped together in Title I of both BR and IR and no longer repeated for specific risks New lighter procedure for updating Annexes (See Article 92 IR) Simplification

DG Employment, Social Affairs and Equal Opportunities15 Incorporation of findings of ECJ case-law in a range of areas (e.g. Article 62 BR Articles 26, 44 IR) New Article 44(1) BR that explains distinction between Type A and Type B systems (invalidity benefits) New separate chapter for special non-contributory benefits (Article 70 BR) Clarification

DG Employment, Social Affairs and Equal Opportunities16 Article 9 IR allows 2 or more MS to agree own procedures (provided they do not adversely affect rights of persons concerned) MS may agree on other forms of reimbursement of unemployment benefit as between the state of residence and competent state (Article 65(8) BR) Increased Flexibility – For authorities and institutions

DG Employment, Social Affairs and Equal Opportunities17 Unemployed frontier worker may register with employment services of 2 states (Article 65(2) BR) Unemployed person may make use of Article 64 (export provision) several times and the maximum period of export can be extended up to 6 months Increased Flexibility – For Citizens

DG Employment, Social Affairs and Equal Opportunities18 New rule for provisional application of legislation, ensures that no citizen is left without social security coverage or access to benefits (Articles 6 and 7 IR) Personal scope widened (Article 2 BR) Principle of assimilation of facts (Article 5 BR) Improved Protection of Citizens' Rights

DG Employment, Social Affairs and Equal Opportunities19 Enhanced Cooperation "Clear and more effective cooperation between social security institutions is a key factor in allowing the persons covered by Regulation (EC) 883/2004 to access their rights as quickly as possible and under optimum conditions" [Preamble of the IR, second paragraph ]

DG Employment, Social Affairs and Equal Opportunities20 Enhanced Cooperation Overall aim: to facilitate institutional processes whilst at the same time making citizens’ rights more effective Cooperation among authorities, institutions and insured persons (see Article 76 BR) enforced by new specific provisions, for example: –Art. 3 IR: requirement on institutions and citizens to provide information –Article 47(1) IR – duty on Contact Institution to promote cooperation between other institutions concerned by claim

DG Employment, Social Affairs and Equal Opportunities21 Enhanced Cooperation

DG Employment, Social Affairs and Equal Opportunities22 Enhanced Cooperation Information to citizens — Solving problems — Combating fraud — Communicating changes — Tackling errors — Fast benefits delivery

DG Employment, Social Affairs and Equal Opportunities23 A balance: making citizens’ rights more effective and at same time improving institutional processes ClientsInstitutions Information Active assistance EESSI Public Directory Enhanced Cooperation Structured dialogue process, Conciliation EESSI Guarantee of rights Provisional granting of benefits Financial provisions Recovery of claims

DG Employment, Social Affairs and Equal Opportunities24 Key Innovations Determination of Applicable Legislation Mandatory dialogue and optional conciliation procedure to determine which legislation is applicable (Articles 15, 16 and 6 IR and see decision A1) Deletion of categories of persons or activities where special applicable legislation rules applied More detailed rules to distinguish between posting and simultaneous employment in 2 or more MS (difference between Articles 12 and 13 BR – see also Articles 14 and 16 IR)

DG Employment, Social Affairs and Equal Opportunities25 Key Innovations Unemployment Principle of aggregation applies also to self-employed persons (Article 61 BR) Direct payment of exported unemployment benefit to the person concerned without need for consequent reimbursement between institutions (Article 64 BR) MS may extend export of unemployment benefit from 3 to 6 months (Article 64(1)(c)

DG Employment, Social Affairs and Equal Opportunities26 Key Innovations Sickness and Maternity Clarification of who is responsible for providing EHIC to persons not residing in competent State (Article 27 BR) New procedures and rules for scheduled treatment (with prior authorisation) (Article 26 IR)

DG Employment, Social Affairs and Equal Opportunities27 Key Innovations Pensions 'Investigating Institution' renamed 'Contact Institution' and given more proactive role (Article 47 IR) 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) Specific provision as regards aggregation of child-raising periods (Article 44 IR)

DG Employment, Social Affairs and Equal Opportunities28 Key Innovations Family Benefits Clearer process for establishing order of priority for paying family benefits (Article 68 BR); Distinction between 'family benefits' and 'family allowances' removed; Same rules for pensioners and employed persons.

DG Employment, Social Affairs and Equal Opportunities29 The Future What lies ahead? Information Training Seminars EESSI implementation Making new system work to the citizen's benefit

DG Employment, Social Affairs and Equal Opportunities30 Useful links: DG Employment, Social Affairs and Equal Opportunities30 (Explanatory notes, AC Decisions&Recommendations) (e-Learning tool, Correlation table 1408/71 – 883/04)