Legislative Developments In the field of social security coordination in 2012

Miscellaneous Amendments 2010 Commission Regulation 1244/2010 (of 9.12.2010) Update of country-specific Annexes Published in OJ L 338 of 22 December 2010 EP-Council Regulation Amended text adopted by the Council on 10 May 2012 and signed on 22 May 2012 by EP and Council Published in OJ L 194 of 8 June 2012 Entry into force: 28 June 2012

Miscellaneous Amendments 2010 Main changes 1) Applicable legislation: change of rules for working in 2 or more MS - Article 13 BR and 14(5) and (5b) IR 2) Introduction of the concept of “ home base” for air crew members - Article 11(5) BR and 14(5a) IR 3) Solution for formerly self-employed frontier workers who were covered in the Member State of last activity, but whose MS of residence does not have an unemployment benefits scheme - Article 65a BR

Miscellaneous Amendments 2010 1) Applicable legislation: change of rules for working in 2 or more MS - Article 13 BR and 14(5) and (5b) IR How to determine the applicable legislation: 1) Does the person pursue a "substantial part" of his/her activity in the MS of residence? If not: a) The legislation of the MS in which the registered office or place of business of the employer is located applies, if only one MS is involved, or b) The legislation of the MS of residence if at least two other MS are involved.

Miscellaneous Amendments 2010 1) Applicable legislation: change of rules for working in 2 or more MS - Article 13 BR and 14(5) and (5b) IR New provision makes no distinction between simultaneous or alternating activities for one or more employers; Marginal activities shall be disregarded for the purposes of determining the applicable legislation under Article 13 BR; The rules for working in one MS apply, as if the person were only working in that State.

Miscellaneous Amendments 2010 2) Introduction of the concept of “ home base” for air crew members - Article 11(5) BR and 14(5a) IR Current rules of Title II BR: no specific provisions for specific categories of workers New mobility patterns in air crew sector: flight and cabin crew members are working from so-called "home bases". Definition of "home base": location nominated by the operator from where the crew member normally starts and ends a (series of)duty period(s) and under normal conditions the operator is not responsible for accomodation.

Miscellaneous Amendments 2010 2) Introduction of the concept of “ home base” for air crew members - Article 11(5) BR and 14(5a) IR Article 11(5) BR directly links the applicable legislation to the flight or cabin crew member; Article 14(5a) IR only applies whenever there are 2 "home bases".

Miscellaneous Amendments 2010 3) Solution for formerly self-employed frontier workers who were covered in the Member State of last activity, but whose MS of residence does not have an unemployment benefits scheme - Article 65a BR MS of last activity will pay the unemployment benefits if: - The person registers with the employment services in that Member State and - Is available for work there.

Miscellaneous Amendments 2010 3) Solution for formerly self-employed frontier workers who were covered in the Member State of last activity, but whose MS of residence does not have an unemployment benefits scheme - Article 65a BR If the person wishes to seek work in the MS of residence only: - the MS of last activity will pay the unemployment benefits for 3-6 months, with a possibility of extension to the end of the entitlement period.

Miscellaneous Amendments 2010 Transitional provision Article 87(8a): If a person is subject to the legislation of another Member State under Regulation (EC) No 465/2012 Previously determined legislation continues to apply if relevant situation remains unchanged; For no longer than 10 years.

EEA and Switzerland EEA Joint Committee Decision No 76/2011 Adopted on 1 July 2011 Published in OJ L 262 of 6 October 2011, p. 33) Entered into force on 1 June 2012 EC-CH Joint Committee Decision No 1/2012 Adopted on 31 March 2012 Published in OJ L 103 of 13 April 2012 Entered into force on 1 April 2012

Outlook Miscellaneous amendments 2011/2012: Commission Regulation: to be adopted before the end of 2012 Council-EP Regulation: last discussion in AC October 2012 Updating of Practical Guide.