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DRAFT REPORT (COM(2016)0815 – C8-0521/2016 – 2016/0397(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004

EMPL-PR-612058

Committee on Employment and Social Affairs · Rapporteur: Guillaume Balas

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This draft report proposes amendments to the Commission's proposal to update EU rules coordinating national social security systems. It covers unemployment benefits, long-term care, posting of workers, and administrative cooperation. The amendments extend the export of unemployment benefits until entitlement expires, reduce the minimum insurance period for aggregation to one month, and clarify rules for cross-border workers. For posted workers, the report requires a prior link of at least six months to the social security system of the sending state and sets a maximum posting duration to be aligned with Directive 96/71/EC. It strengthens cooperation and data exchange between member states, including shorter deadlines for document verification and the possibility of rejecting documents if no response is received. The report also calls for a European social security card and electronic networking, and opposes indexation of family benefits based on children's residence.

Committee position. The rapporteur proposes amendments to the Commission's proposal, supporting its main lines but modifying key aspects: extending unemployment benefit export until exhaustion, reducing the minimum insurance period to one month, and adding requirements for posted workers.

Key points

  1. The report proposes that unemployment benefits be exported until the entitlement expires, instead of for a limited period.
  2. It reduces from three months to one month the minimum period of insurance in the last member state required for aggregating periods for unemployment benefits.
  3. For cross-border workers, the report clarifies that the competent member state's authorities must communicate in the job seeker's language and clarify which public employment service supports them.
  4. The report requires that posted workers have been subject to the legislation of the sending member state for at least six months before posting, and sets a maximum duration for postings.
  5. It introduces a rule that no new posting period can start for the same person and member state until six months after the previous period ends.
  6. The report adds a new article allowing reporters of European media organisations posted to another member state to choose the applicable social security legislation.
  7. It requires that a portable document confirming applicable legislation be issued before a posting starts.
  8. The report strengthens the role of the Administrative Commission by requiring consultation with social partners and representatives of beneficiaries, and by including Parliament representatives in an advisory capacity.
  9. It calls for a forgery-proof European social security card and a single European social security number, and for the Commission to fund electronic networking systems.
  10. The report shortens the deadline for issuing institutions to reconsider documents from 25 to 15 working days, and allows the requesting institution to reject documents if no response is given.
  11. It deletes the provision allowing member states to require legal residence for economically inactive persons to access social security benefits.
  12. The report opposes indexation of family benefits based on the children's residence, citing that less than 1% of family allowances are paid to children in another member state.

Who is affected

  • Unemployed persons moving within the EU: they can export benefits longer and have aggregation rules eased.
  • Posted workers and their employers: they face a minimum prior insurance period and a maximum posting duration.
  • Cross-border workers: they get clearer support from public employment services and communication in their language.
  • Reporters of European media organisations posted abroad: they may choose the applicable social security legislation.
  • Member states' social security institutions: they face shorter deadlines and possible loss of competence if they do not respond.

Figures and deadlines

  • one month: minimum period of insurance in the last member state for aggregation of unemployment benefit periods.
  • six months: minimum prior membership of the social security system of the sending member state for posting.
  • six months: minimum period before a new posting can start after the previous one.
  • 15 working days: deadline for issuing institution to reconsider a document.
  • five working days: deadline for issuing institution to rectify a document with missing information.
  • less than 1%: share of family allowances paid to children in another member state.

Legal basis: Article 48 and Article 294(2) of the Treaty on the Functioning of the European Union