DG Employment, Social Affairs and Equal Opportunities Modernised Social Security Coordination within the EU International Dimensions of Social Security (Association Agreements) Jörg TAGGER TAIEX seminar, June 2010

Association Agreements between the EU and 3 rd countries Euro-Medeterranian Agreements (e.g. Morroco, Tunisia, Algeria, Israel) Stablisiation- and Association Agreements with Balkan countries Association Agreement with Turkey DG Employment, Social Affairs and Equal Opportunities2

Stabilisation and Association Agreements (SAAs) Croatia FYROM Albania Serbia Montenegro Bosnia&Herzigovina DG Employment, Social Affairs and Equal Opportunities3

Personal scope of SAAs Workers from the associated country legally working in a Member State Family Members legally residing with this worker EU workers legally working in the associated country and their family members residing there DG Employment, Social Affairs and Equal Opportunities4

Material scope of SAAs Aggregation of insurance periods acquired within the EU to open the entitlement to certain benefits Export of pensions Family benefits for members of the family residing with the worker Reciprocity clause for EU workers and their family members DG Employment, Social Affairs and Equal Opportunities5

Procedural Requirements Implementing Decision of the relevant Stabilisation and Association Council required in order that social security coordination provisions take effect. DG Employment, Social Affairs and Equal Opportunities6

Association Council Decisions Package of nearly identical proposals with regard to Morocco, Tunisia, Algeria, Croatia, FYROM and Israel proposed by the Commission in 2007 Proposals for Decisions of the Council on the position of the Union to be taken in the respective Association Council Political Agreement at Council meeting of 7 June 2010 After formal adoption transfer to Association Councils DG Employment, Social Affairs and Equal Opportunities7

Main elements of Council Decisions Revised Legal Basis New Legal Basis: Articles 72 (2) (b) and 218 TFEU Consequence: Council Decisions do not apply to Denmark and to the United Kingdom and Ireland only if they opt in More than 2 Parties in SA Council DG Employment, Social Affairs and Equal Opportunities8

Main elements of Council Decisions Introduction of Equal Treatment Clause Introduction of explicit equal treatment clause (not in Association Agreement) Covers: –Old-age pensions –Survivors pensions –Benefits in respect to Accidents at Work and Occupational Diseases –Invalidity pensions related to Accidents at Work and Occupational Diseases –Family benefits –Health care benefits Limited territorial scope Reciprocity Clause (EU workers &family members) DG Employment, Social Affairs and Equal Opportunities9

Main Elements of Council Decisions Export of Pensions Waiving of residence clause Benefits covered –Old-age pensions –Survivors pensions –Benefits in respect to Accident sat Work and Occupational Diseases –Invalidity pensions related to Accidents at Work and Occupational Diseases Worker: 100% of national pension amount Family Members: Equal Treatment DG Employment, Social Affairs and Equal Opportunities10

Main Elements of Council Decisions Cooperation, Control and Verification Extensive provisions modelled on the coordination Regulations, e.g. –Medical Checks –Administrative Checks Contracting Parties and Institutions have to lend their good offices In case of disputes: reference to procedures in Association Agreement (Association Council mediation procedure) DG Employment, Social Affairs and Equal Opportunities11

Main Elements of Council Decisions Clarification with regard to bilateral arrangements More favourable provisions (for the person concerned) contained in bilateral agreements remain applicable Administrative Arrangements remain applicable, IF in the spirit of the Decision More Administrative Arrangements may be concluded, if in the spirit of the Decision DG Employment, Social Affairs and Equal Opportunities12

Main Elements of Council Decisions Entry into Force According SAAs, Association Council Decisions are directly applicable to all Parties With regard to the EU: 1 st of the month after publication in the Official Journal With regard to the associated country: international law DG Employment, Social Affairs and Equal Opportunities13

Summary Obligations of Associated Countries Equal Treatment for all EU-workers and their Family Members Waiving of Residence Clauses for Pensions with regard to EU Member States where there is no bilateral agreement Administrative Capacity for the implementation of Cooperation, Control and Verification Mechanisms DG Employment, Social Affairs and Equal Opportunities14