Commission Communication on external dimension of EU social security coordination MISSOC meeting Copenhagen, 24 May 2012

Context: globalised world Social security coordination: rules aimed at facilitating mobility Globalised economic environment; labour mobility between EU and rest of world growing reality Social security coordination between EU and rest of world: two possible ways: National approach: bilateral agreements Common EU approach

Main message Communication Makes the case for strengthening cooperation between MS to achieve more coherent approach to social security coordination with third countries Bilateral agreements: patchy approach, content differs When acting together: stronger bargaining position Proposes a new annual forum at EU level to strengthen cooperation between MS as regards third countries

Already existing impact of EU law on bilateral agreemens Gottardo judgment (2002): MS must grant nationals of other MS same advantages as those which its own nationals enjoy under bilateral agreements concluded with third countries explanations to third countries requests for cooperation from third countries Reg 1231/2010: extension scope of Reg 883/2004 to third country nationals (TCN's) Very existence of Reg 1231/2010 gives EU exclusive competence as regards social security coordination for TCN's in cross-border situation within EU

Relationship EU social security coordination and bilateral agreements In cases of conflict: EU Regulations take precedence over national rules contained in bilateral agreements with third countries TCN is sent to a MS under terms of bilateral agreement with third country and then moves to work in another MS: Reg 883/2004 applies TCN works in two MS for employer established in third country: Reg 883/2004 applies

Existing EU instruments dealing with social security rights of TCN's Reg 1231/2010 TCN falling under scope of Reg 883/2004 moves to third country. Equal treatment as regards indexation MS's pension in third country Long-term residents Directive, Blue card Directive, Researchers Directive: equal treatment in social security Association agreements October 2010:adoption of common position to be taken in Association Councils with Algeria, Morocco, Tunesia, Israel, FYROM and Croatia Equal treatment Export of full amount of pensions Framework of cooperation and verification mechanisms to combat fraud

Communication: develop EU approach further Set of proposals for Council Decisions on the EU position in Association Councils with Turkey, Albania, San Marino and Monenegro Explores possibility for an EU social security agreement with certain third countries

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