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									        Modernised
Social Security Coordination


       Regulation 883/04 and
    its Implementing Regulation


           Silvia Kersemakers
              Els Vertongen

     TRESS Den Bosch, 30 June 2009

                                  DG Employment,
                                  Social Affairs and
                                Equal Opportunities
Overview




•   Legislative Update
•   Modernised Social Security Coordination
•   Key innovations in specific areas
•   The Future




                 DG Employment, Social Affairs and Equal Opportunities   2
Legislative Update

                      Where are we today ?

• Regulation 883/2004 of 29th April 2004 on
  the coordination of social security schemes
• Regulation XXX: the Implementing Regulation
• Regulation XXX: to amend Regulation 883/04 on
  the coordination of social security systems and
  determine the content of its annexes
• Regulation XXX extending the provisions of Regulation
  883/04 to nationals of third countries not already covered




                 DG Employment, Social Affairs and Equal Opportunities   3
                  Time planning
   Implementing Regulation and amendments
             883/04 and annexes
31.03.2009                             July 2009
             22.4.2009
EP / EMPL    EP Plenary
                                      Adoption by
                                     Council in 2nd
                                                              1 March 2010
Committee     Meeting                   reading




                 DG Employment, Social Affairs and Equal Opportunities       4
Legislative Update


                 Programme of Decisions from
                the Administrative Commission

•   Revision of existing decisions e.g. decision revising
    the rules of procedure of the Administrative Commission
•   Adoption of new decisions to facilitate the application
    of the new Regulations e.g. decision on a new dialogue
    and conciliation procedure




                  DG Employment, Social Affairs and Equal Opportunities   5
Common Themes underlie
the modernised regime



•   Modernisation
•   Simplification
•   Clarification
•   Enhanced Administrative Cooperation




                 DG Employment, Social Affairs and Equal Opportunities   6
Modernisation –
updating to reflect current practices


Some examples:
• Inclusion of paternity benefits within material scope
• Explicit provision to take into account credits
  for child-raising periods
• New recovery procedure (art. 84 BR and Chapter III of IR)




                 DG Employment, Social Affairs and Equal Opportunities   7
Simplification



Some examples:
• One single definition in Article 2 setting out the personal
  scope of the Regulation
• Common principles grouped together in Title I and
  no longer repeated for specific risks




                  DG Employment, Social Affairs and Equal Opportunities   8
Clarification


                  Incorporation of principles
              of ECJ case-law in a range of areas

For example:

•   C-368/98 Vanbraeckel – see Article 26(7) NIR
•   C-178/97 Banks – see Articles 5(1) and Article 6(3) NIR




                  DG Employment, Social Affairs and Equal Opportunities   9
Enhanced Administrative
Cooperation


• Article 76 BR given new emphasis
• Supplemented with a range of specific provisions
  requiring enhanced administrative cooperation

For example:
• Articles 5, 6, 16 and 60 NIR




                 DG Employment, Social Affairs and Equal Opportunities   10
Key Innovations




DG Employment, Social Affairs and Equal Opportunities   11
Determination of Applicable
Legislation

                              Article 11 BR

• Principle of “unicity” of applicable legislation
  strengthened
   – no exceptions as it is now under art 14c (Annex VII) and Art. 14f
     of Reg 1408


• Strengthening of “lex loci laboris” principle
• Exceptions in article 11 (3) (b), (c) and (d) BR


                 DG Employment, Social Affairs and Equal Opportunities   12
Determination of Applicable
Legislation
                 New provisions on posting


Posting of employed persons (art. 12(1) BR)
• Maximum of two years - no extension of period
• Main conditions remain applicable:
   – Definitions in article 14 Implementing Regulation
   – New Decision on posting adopted by Administrative Commission
     on 12 June 2009
   – Revised posting guide




                DG Employment, Social Affairs and Equal Opportunities   13
Determination of legislation
applicable
                     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   14
Sickness, Maternity and equivalent
Paternity benefits (1)


                        Frontier workers

• Members of the family of a frontier worker are entitled to
  benefits in kind while staying in the competent state UNLESS
  the latter is listed in Annex III
• Retired frontier workers and family are entitled to benefits in
  kind in the Member State where they used to work as a
  frontier workers if this MS as well as the MS which is
  financially responsible are both listed in Annex V


                 DG Employment, Social Affairs and Equal Opportunities   15
Sickness, Maternity and equivalent
Paternity benefits (2)
     Temporary stay outside the competent Member State

•   The European Health Insurance Card: always issued by the
    Member State which is responsible for the costs of the benefits in
    kind provided.
•   Pensioners are entitled to go back to the Member State which is
    financial responsible for the costs of the health care in order to
    receive health care if Member State concerned is listed in Annex IV
    (BE, DE, GR, ES, FR, LU, NL, AUT, SE).(Article 27 (2) BR))
Sickness, Maternity and equivalent
Paternity benefits (3)
                                 Planned care

•   Prior authorisation required.
•   Application is always made with the institution of the place of
    residence.
•   Prior autorisation is issued by:
          - The competent institution
                     Or
          - The institution of the Member State of residence when
           there is reimbursement between institutions on the basis
           of a lump sum




                    DG Employment, Social Affairs and Equal Opportunities   17
Sickness, Maternity and equivalent
Paternity benefits (4)

                       Planned care
The competent institution may refuse to grant the prior
  authoristation when:
       - The general conditions set out in the BR are not met
                        Or
       - If the same treatment can be provided in the competent
         MS within a time-limit which is medically justifiable
         taking into account the current state of health and
         probable cours of the illlness.
Sickness, Maternity and equivalent
Paternity benefits (4)


                       Planned care
               vitally necessary treatment:
 prior autorisation may be issued by the institution of the MS of
 residence when the conditions of the BR are met 
 competent institution shall accept findings and treatment
 options of the doctor approved by the institution of the place
 of residence (Keller judgement)
Sickness, Maternity and equivalent
Paternity benefits (5)

                      Planned care
                  Reimbursement of the costs
• Additional reimbursement upon request by competent
  institution (Van Braekel judgement)
• Reimbursement of travel and accomodation costs if the
  legislation of the competent MS provides for such a
  reimbursement.
Key innovations

                       Unemployment benefit


• Applies now fully to self-employed persons

• Export of unemployment benefits (Article 64)
    – Possibility to extend the authorised period from 3 to 6 months
    – Direct payment of the benefits by the competent institution


• Frontier workers or other migrant workers (Article 65):
  Possibilty to register with the unemployment services in MS of
  last employment


                   DG Employment, Social Affairs and Equal Opportunities   21
Key Innovations


                                   Pensions

• „Investigating Institution‟ renamed „Contact Institution‟ and
  given more dynamic role (Article 47 NIR)
• Importance of summary pension note underlined: claimant
  given new right of review in relation to decisions notified
  therein (Article 48 NIR)
• Specific provision as regards aggregation of child-raising
  periods (Article 44 NIR)




                  DG Employment, Social Affairs and Equal Opportunities   22
Key Innovations


                            Family Benefits

• Distinction between „family benefits‟ and
  „family allowances‟ removed
• Clearer process for establishing
  order of priority for paying family
  benefits in the event of overlapping
  (Article 68 BR)




                 DG Employment, Social Affairs and Equal Opportunities   23
Next steps? “To do” list



• AC Decisions and Recommendations
• Explanatory notes, spreading information on the modernised
  coordination
• Unprecedented effort to inform, explain, train the users of the
  coordination
• Conference program 2009




                 DG Employment, Social Affairs and Equal Opportunities   24
The Future



             We have come a long way in 11 years,
              but there is still work to be done…

•   Long-term care benefits
•   New forms of mobility
•   Rights of pre-retired persons




                  DG Employment, Social Affairs and Equal Opportunities   25
   Electronic Data Exchange –
     Preparations at EC level


                      EESSI
(Electronic Exchange of Social Security Information)

                   Silvia Kersemakers

              TRESS Helsinki, 24 April 2009




                                          DG Employment,
                                          Social Affairs and
                                        Equal Opportunities
EESSI (Electronic Exchange of
Social Security Information)


• EESSI is a core element in the new Regulations:
   – Enables institutions to exchange information electronically
     under a common secure network
   – Gives effect to the principle of enhanced cooperation
     between the Member States
Benefits of EESSI
• For the institutions:
   – Facilitates the implementation of the system of coordination
     under the new Regulations
   – Increase of efficiency (faster and more efficient processing of
     data)
   – Higher accuracy of data, thus limiting fraud and errors


• For the citizens:
   – Reduction of clearance times, faster payment of benefits
   – More accurate payments (EESSI less prone to errors)
Overall System – How will it work?




                     AP                                   AP            I
    I
            I                                                                   I
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        I




                DG Employment, Social Affairs and Equal Opportunities               29
EESSI - 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.”




                  DG Employment, Social Affairs and Equal Opportunities   30
EESSI - Legal framework (cont.)


Article 4(1) and (3) of IR
Administrative Commission shall lay down structure,
content, format of data exchange and the practical
arrangements for the data exchange
EESSI – Work within Administrative
Commission (1)

Intensive preparations since 2006:
2006:      AC adopts Work Programme on
           electronic data exchange
2006:      Task Force on electronic data exchange
2006-2008: Working groups for the different risks
           deliver reports on business flows and data
2009:      Training seminars




              DG Employment, Social Affairs and Equal Opportunities   32
EESSI – Work within Administrative
Commission (2)
Administrative Commission to adopt Decisions on:
• EESSI transitional periods (adopted 12 June 2009)
      • To be published in autumn in all languages
      • Available on DG EMPL‟s website in EN as from July
        2009
• Flows, SEDs (Structured electronic documents)
  and data
• Portable documents
• Master Directory
EESSI – Legal Framework (cont.)


Master Directory (art. 88 of IR)
• List of competent authorities, institutions, “access points” and
  liaison bodies
• Each body has its own electronic identity (identification code
  and electronic address)

• Notification to European Commission by use of template
• Member States responsible for keeping information up-to-date
Transitional period for EESSI -
Article 95 NIR


Article 95 (1) NIR:

• “Each Member State may benefit from a transitional
  period for exchanging data by electronic means….”
• “…shall not exceed 24 months from the date of
  entry into force of the implementing Regulation.”



               DG Employment, Social Affairs and Equal Opportunities   35
The Transition from 1408/71 to 883/2004
How will it work?

      JULY                 MARCH                     DECEMBER                MARCH
      2009                  2010                       2010                   2012




                               ………………………………….




                                                                               ………………………………….
                                                TRANSITIONAL PERIOD



   TRAINING,
   INFORMATION PERIOD


  Implementing          Regulations
Regulation adopted   become applicable




                                                EESSI Starts to function


                     DG Employment, Social Affairs and Equal Opportunities                      36
Decision on transitional period for
EESSI (Decision E1)

• 10 guiding principles

• Para 1 of Decision E1:
      “Guiding principle shall be good cooperation
     between institutions, pragmatism and flexibility.”
• Safeguarding of citizen‟s rights




               DG Employment, Social Affairs and Equal Opportunities   37
       Impact of Transitional Period
                                        EESSI
                                         fully
                        Begin of TP   operational   End of TP
                         MARCH          DEC.         MARCH
                           2010          2010         2012
Paper E-Forms

National applications
based on
Electronic E-Forms

Paper SEDs (“excel”)
Paper SEDs (WebIC)

 Electronic SEDs

                                                      1408/71
                                                      883/2004
Information Flow: “Sending”
                                                        Paper
                       1                                E-form


                                                        Paper
                       2                                SED


                                                        Current
                                                        Electronic
                                                        application


     Until 28 February 2010   1   From 1st March 2010     2
Information Flow: “Receiving”


                                                            E-form

                                  Pragmatism

                                                            SED
                                  Flexibility

                                                            ?




     Until 28 February 2010   1       From 1st March 2010       2
Principle of flexible phased
approach

• 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




             DG Employment, Social Affairs and Equal Opportunities   41
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.)




             DG Employment, Social Affairs and Equal Opportunities   42
Conclusions


• EESSI will be particulary beneficial for institutions
• Transitional period will be a challenge
• Solution: Good cooperation, pragmatism and
  flexibility
• 10 principles laid down in Decision E1 will help
• Rights of citizens must be guaranteed




               DG Employment, Social Affairs and Equal Opportunities   43

								
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