1. Recent developments at EU level concerning social security coordination
trESS bilateral seminar Estonia-Finland
4 September 2012
Jonathan Olsson & Felix Schatz
DG Employment, Social Affairs and Inclusion

2. Overview Legislative developments External dimension
Miscellaneous amendments 2010
EEA and Switzerland
External dimension
Work of the Administrative Commission
New decisions and recommendations and other forms of guidance
EESSI
Outcome of Working Parties
Outlook
Review of provisions on unemployment and long-term care
Information sources and funding

3. Legislative Developments

4. Miscellaneous Amendments 2010
Commission Regulation (EU) No 1244/2010
Update of country-specific Annexes
Published in OJ L 338, , p. 35
Entered into force on 11 January 2011
Regulation (EU) No 465/2012 of the European Parliament and of the Council
Published in OJ L 149, , p. 4
Entered into force on 28 June 2012

5. Regulation (EU) No 465/2012 Main changes
Applicable legislation: change of rules for working in 2 or more MS - Article 13 BR and 14(5) and (5b) IR
Introduction of the concept of “ home base” for air crew members - Article 11(5) BR and 14(5a) IR
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

6. EEA and Switzerland EEA Joint Committee Decision No 76/2011
Adopted on 1 July 2011
Published in OJ L 262, , p. 33
Regulations (EC) Nos 883/2004 and 987/2009 apply in relation to IS, LI and NO since 1 June 2012
EC-CH Joint Committee Decision No 1/2012
Adopted on 31 March 2012
Published in OJ L 103, , p. 51
Regulations (EC) Nos 883/2004 and 987/2009 apply in relation to Switzerland since 1 April 2012

7. EXTERNAL Dimension

8. Communication on the External Dimension of EU Social Security Coordination
COM(2012) 153 final of 30 March 2012
Makes the case for strengthening cooperation between Member States to achieve a more coherent approach to social security coordination with third countries
Sets out ways in which the EU rules currently impact on social security coordination with third countries
Describes existing components of common EU approach to social security coordination with third countries

9. The Communication proposes
The creation of a new annual forum at EU level to strengthen cooperation between Member States as regards third countries
Exploring the use of EU social security agreements with selected third countries
Developing the common EU approach, including the adoption of a second package of Association Council decisions with Turkey, Albania, Montenegro and San Marino

10. Work of the Administrative Commission

11. New Decisions and Recommendations
E3: prolongation of transitional period for EESSI (OJ C 12, , p. 6)
U4: reimbursement of unemployment benefits for former frontier workers (OJ C 57, , p. 4)
Recommendation No S1: healthcare coverage for cross-border living organ donation (OJ C 240, , p. 3)

12. Practical Guide on applicable legislation
Replaces the "Posting Guide"
Working instrument to assist institutions, employers and citizens in the area of determining the applicable social security legislation
Available on the Commission's website:
Planned update – Regulation (EU) No 465/2012 and other general developments

13. EESSI – Current activities at EU level
Central system
Validation and prioritization of requirements (October 2012)
Agreement on specifications (December 2012)
Business model
Legal validation of SEDs and Flows - 3rd review, alignment process (December 2012)
Updated guidelines (December 2012)
Baseline version

14. Working Parties of the AC
Child-raising periods (14 April 2011)
Followed-up by Ad-hoc Group of the AC, report due in autumn 2012
Patients' mobility (4 October 2011)
Followed-up by guidance note of the Commission on the relationship between Regulations (EC) Nos 883/2004 and 987/2009 on the coordination of social security systems and Directive 2011/24/EU on the application of patients' rights in cross-border healthcare.
Presented to the Committee on cross-border healthcare in May and to the Administrative Commission in June 2012

15. Working Parties of the AC
Recovery (17 November 2011)
To be followed-up by an explanatory note from the Commission
Family benefits; ex-Decisions Nos 147 and 150
(18 April 2012)
Recommendations adopted by Administrative Commission in June 2012 – no need for replacing Decisions Nos 147 and 150
Applicable legislation (4 October 2012)
Review of the Practical Guide, especially in view of Regulation (EU) No 465/2012

16. OUtlook

17. Revision of the social security coordination rules
Scope
Coordination of long-term care benefits (LTC)
Coordination of unemployment benefits
Planning
Evaluation
Impact assessment
2014 Proposal from the Commission

18. Revision of the social security coordination rules
Aim
Improved social security protection for migrant persons
Enhanced effectiveness of the coordination regime
Legal certainty for all stakeholders
Simplification

19. Coordination of LTC benefits
Is the current system of coordination of long-term care benefits satisfactory? Is a new set of rules needed & how radical the changes should be?
LTC within material scope of coordination Regulations
Coordination under Chapter 1 – Sickness, maternity and equivalent paternity benefits
Court of Justice (recent: C-208/07 Chamier-Glisczinski, C-388/09 da Silva, C-206/10 Commission v Germany, C-538/11 Sax - pending)
No definition, no list of benefits
See also: trESS Think Tank Report 2011; trESS analysis of selected concepts 2010

20. Chapter 6 - Unemployment benefits
Room for simplification and clarification?
Complex coordination regime for cross-border workers (Article 65 BR and new Article 65a BR), including the new reimbursement mechanism (Decision No U4)
Application of the case-law of the Court of Justice (C-131/95 Huijbrechts, 1/85 Miethe)
Extension of the period of export of unemployment benefits
Application of the principle of aggregation of periods

21. Information Sources and Funding

22. Information sources Commission's website
Links to legislation, official documents
Practical guide on applicable legislation
"Small Guide" on citizens' rights
Information sheets "Your rights country by country"
Explanatory notes and videos
trESS network
trESS seminars

23. Information sources
New smartphone application for EHIC

24. Funding by the Commission - Call for proposals 2012
Financial support to:
transnational actions for cooperation and/or for improving information
transnational or national actions for preparing and implementing the system for electronic data exchange (EESSI)
A total of 17 projects funded with a total of 2.5 million euros
Not yet decided on funding in 2013

25. Thank you very much for your attention!
Questions