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A new safety net , where there is a disagreement between institutions or authorities of two or more MS about: Validity of a document or the accuracy of facts on which the document is based (article 5 IR) The determination of applicable legislation (Article 6(1) IR) Or about, in case of family benefits, which legislation is applicable by priority right (article 60(4)) Details of the procedure are set in Decision A1 of the Administrative Commission The procedure provides two distinct stages: Compulsory dialogue Optional conciliation – if the dialogue is unsuccessful, the matter may be referred by the competent MS to the AC (optional); an institution canno on its own decide to refer a disagreement to the AC Conciliation Board will be set up by AC.
One of the main innovations introduced by the new Regulations is the obligation for Member States to exchange social security information only by electronic means (article 4 IR) . In order to reach the objective set by the Regulations, an integrated system providing a common secure framework is to be set up. This new system is called the EESSI system (Electronic Exchange of Social Security Information). Currently 31 countries participate in the information exchange (EU27 + Iceland, Norway, Liechtenstein and Switzerland). EESSI is a messaging system that will allow national social security institutions to exchange social security information electrocally in a secure manner . It replaces the current paper E-forms. Legal framework: Article 78 of Regulation 883/2004 Article 4(2) of Implementing Regulation (IR): “ The transmission of data between the institutions or the liaison bodies shall be carried out by electronic means either directly or indirectly through the access points under a common secure framework that can guarantee the confidentiality and protection of exchanges of data.”
The EESSI system consists of : a central application (Coordination Node) to be hosted in the Commission's Data Centre an application to be deployed in the national administrations Gives effect to the principle of enhanced cooperation between the Member States This will lead to an substantial improvement of the services to the citizens, who will receive payments of social security benefits more timely and accurate. Institutions will be connected to EESSI via Access Point which will ensure transfer of the messages from the national application of the sending institution to the central application and delivery to the national application of the addressee institution. Together these applications should enable Member States' social security administrations to manage the exchange of social security information by electronic means across country boundaries. EESSI should play a major role in facilitating cooperation between institutions and to contribute to a better enforcement of the rights of the citizens and granting of benefits in a speedier way. 1st May 2010 is also the start of a two year transition period during which Member States with the support of DG EMPL will have to prepare their national applications for the this changeover to the new electronic data exchange of social security information.
EESSI implementation - as regards the exchange of information between institutions, there is a transitional period of 24 months, within which the Member States may prepare themselves for the electronic exchange of social security information. This period will begin when the new Regulations enter into force and thus will end on 30 April 2012. Decision on transitional period for EESSI (Decision E1) Para 1 of Decision E1: “Guiding principle shall be good cooperation between institutions, pragmatism and flexibility.” Safeguarding of citizen’s rights No « Big Bang » Phasing in sector-by-sector (as becoming EESSI-enabled via Access Point(s)) Member State may also choose to join EESSI only when all sectors are enabled Principle of no “mix and match” Exchange between Member States during TP: either inside or outside of EESSI No « Mix and Match »: only EESSI enabled sectors can exchange information via EESSI Without prejudice to bilateral arrangements (e.g. joint testing, training, etc.)
Dissemination of information is one of the most important challenges for the success of modernised coordination. The wider public, but also the national or regional administrations applying the EU coordination rules have to receive the necessary information for their correct national implementation. First time in 2010, the European Commission has published a call for proposals to financially support transnational actions: promoting the administrative exchange of social security information among Member States, with a view to assisting them in their implementation of Regulations (EC) No 883/2004 and 987/2009; promoting transnational cooperation between institutions dealing with social security, exchanges of experience, dissemination of best practices and training initiatives developed at the national level; raising awareness and providing a better service to the public; improving citizens' knowledge on their rights, on free movement and on the coordination of social security schemes. In 2010, deadline for submitting proposals is: 17/05/2010 The call will be again published in 2011.
2010 - Modernised EU Social Security Coordination and Old-Age Pensions
Modernised EU Social Security Coordination and Old-Age Pensions TRESS Seminar Ljubljana, 19th April 2010Radek Casta, Unit E3, DG Employment, European Commission, DG Employment, Social Affairs and Equal Opportunities
Overview• The Context of the Social Security Coordination Regulations• Introduction to the Chapter Applicable Legislation• « Hot Issues » under this Chapter• Electronic exchange of social security information 2
Basic Principles ofSocial Security Coordination Legal Basis Article 48 of Lisbon Treaty (Art. 42 TEC): 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 • Cash Benefits have to be exported (except special non- contributory cash benefits listed in Annex 10) 3
Two New Regulations• Regulation 883/2004 (the Basic Regulation) (BR), as amended by Reg. 988/2009• The New Implementing Regulation 987/2009 (IR)• Both Regulations of equal value• Cannot apply one without the other 5
New Regulations: Key Themes• Updating so rules correspond with current social practices (eg. inclusion of paternity benefits)• Simplification (eg. One single definition in Article 2 BR sets out personal scope)• Clarification - incorporation of ECJ case-law in a range of areas (eg. Article 5 BR – Assimilation of facts)• Improved protection of rights (eg. Article 61 BR - principle of aggregation applies also to self-employed persons)• Mandatory electronic data exchange (Art. 4 IR) 6
2 core principles underpinall of this: • Institutional procedures have been strengthened and streamlined to make the Regulations easier and more efficient to operate; • New emphasis on cooperation between all users of the Regulations 7
Core principles of modernisation (1) Strengthened and Streamlined Institutional Procedures For example: • Improved and speedier procedures for reimbursement of healthcare costs between Member States (Articles 62-67 IR); • Direct payment of exported unemployment benefit without need for consequent reimbursement between institutions (Article 64 BR) 8
Core principles of modernisation (2) 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 NIR, second paragraph ] 9
Enhanced Cooperation Overall aim: to facilitate institutional processes whilst at the same time making citizens’ rights more effective• Art. 76 BR invigorated through new specific provisions, forexample: – Art. 3 IR: requirement on institutions and citizens to provide information• Art. 76 BR given practical effect through structuredprovisions throughout the Regulations, for example: – Article 55(4) IR – providing information to competent institution concerning the follow-up of the unemployed person’s situation 10
Legislation ApplicableOverview 1. Simplification 2. Improved protection for individuals 3. Modernisation and Clarification 13
1. Simplification: Reinforcement of the general principles • One legislation applicable • Lex loci laboris for active persons • Residence for non-active persons 14
1. Simplification: Reduction in the number of specific provisions • Similar rules are brought together in one place • Specific cases are addressed through the general principles 15
2. Improved protection for individuals "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 16
2. Improved protection for individuals 76 BR: Duty of mutual information and cooperation for institutions and persons covered by the regulations 2(1) IR: "Exchanges between Member States authorities and institutions and persons covered by the basic regulation shall be based on the principles of public service, efficiency, active assistance, rapid delivery and accessibility…" 17
2. Improved protection for individuals Provisional application of legislation and provisional granting of benefits 6(1) IR: Divergence of views about the legislation applicable: person provisionally subject to one legislation identified with an order of priority 6(2) IR: Divergence of views about which institution should provide the benefits: institution identified with an order of priority 18
2. Improved protection for individuals Dialogue and conciliation procedure 6(3) IR: Dialogue and conciliation procedure in the event of: • Doubts about the validity of a document or the accuracy of the facts • Difference of views concerning the determination of the applicable legislation • Difference of views about which institution should provide the benefits in cash or in kind 19
Dialogue and conciliation mechanisms DG Employment, Social Affairs and Equal Opportunities 20 20
3. Modernisation and clarification On posting, the new regulations: • Set one-time limit of maximum 24 months • Incorporate several elements resulting from European Court of Justice case law and Administrative Commission decisions 21
3. Modernisation and clarification Activities in 2 or more Member States for the same employer Introduction of a new criterion in Article 13 of BR: • The proportion of activity exercised in the Member State of residence has to be substantial for the legislation of residence to apply • Otherwise – if no substantial proportion of activity in the Member State of residence: refer to legislation of employer 22
3. Modernisation and clarification Activitiy in other Member States then in the MS of residence A Legislation applicable = Member State B Legislation applicable = Member State B B 23
3. Modernisation and clarification Activities in 2 or more Member States for the same employer (Attention: in the future also several employers) A Legislation applicable = Member State A Legislation applicable = Member State A B Only if substantial part of activities in the Member State of residence 24
3. Modernisation and clarification Activities in 2 or more MS for 2 or more employers, with registered offices or plase of business in different Member States A C Legislation applicable = Member State A Legislation applicable = Member State A BIf 2 or more employers and registered offices/place of business in different member states , Member State of residence 25
3. Modernisation and clarification Activities in 2 or more Member States for 2 or more employers, including in the Member State of residence (Attention: will change) A Legislation applicable = MS of residence Legislation applicable = MS of residence B (in the future: only if substantial activity in MS of residence) 26
3. Modernisation and clarification Determination of residence If two or more Member State institutions have different views about the determination of residence, Article 11 of IR provides a list of criteria. In the event that no agreement is reached, the persons intention is decisive. 27
3. Modernisation and clarification Revision of Decisions and Recommendations of the Administrative Commission Revised by the Administrative Commission: • Decision 181 (new Decision A2) • Posting Guide Repealed by the Administrative Commission: • Recommendation 16 on conclusion of agreements pursuant to article 17 of 1408 • Decision 89 on persons employed by diplomatic missions and consular posts • Decision 126 on Article 14(1)a, 14a(1)a & 14(b) 1 & 2 • Decision 148 on form E101 28
3. Modernisation and clarification Transitional provisions What if new provisions imply a change of the legislation applicable? Article 87(8) of BR provides for transitional provisions in this case. 29
Transitional provisions Article 87(7) BR• Legislation determined under 1408/71 continues to apply – if as a result of application of 883 person would become subject to different legislation – as long as relevant situation remains unchanged – For a maximum period of 10 years• Person can request to become subject to the legislation applicable under 883. DG Employment, Social Affairs and Equal Opportunities 30 30
3. Modernisation and clarification Portable documents A document for individuals – indicating which legislation applies in their case – will be needed: Portable Document A1 will replace E-Form 101 31
« Hot issues » = Issues underDiscussionOverview• Highly Mobile Persons• International Transport• Concept of Residence• Posting Guide• Transitional Provisions 32
Electronic Exchange of SocialSecurity Information EESSI Network 33
EESSI Implementation:How will it work? MAY DEC. MAY 2010 2010 2011 2012 EESSI FULLY OPPAPERE-FORM PAPERSEDS ________ ________ ________ ……..…... ……….....NATIONALAPPL. ASE-FORMS __ ________ ________ ________ ……….....FINALSEDS ………….. ………….. ………….. ________ ________ SED = Structured Electronic Documents DG Employment, Social Affairs and Equal Opportunities 35 35
Funding for Transnational ActionsActions: • Improving information and cooperation between the institutions of Member States, and/or • Improving citizens’ knowledge on their rights • Subsidy up to 80% • Call for proposal VP/2010/004 (deadline 17/05/2010) • Published on DG EMPL website • Publication again in 2011 DG Employment, Social Affairs and Equal Opportunities 36 36
Where can I find moreinformation?• Our Website• Updated Small Guide• Explanatory Notes• TrESS e-learning tool and European Reports• Updated and extended posting guide (not yet available) 37