EUROPEAN COMMISSIONEMPL/00717/08– EN
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
MINUTES – 19.10.2007
Orig. EN-FR
ADVISORY COMMITTEE
ON SOCIAL SECURITY FOR MIGRANT WORKERS
Minutes of the 38th meeting
Brussels, 19 October 2007
CONTENTSPAGES
1.Adoption of the agenda
2.Approval of the minutes of the 37th meeting
3. New forms of mobility and the Community rules on the coordination of social security schemes
4. Report by the Chair of the Advisory Committee on changes to Community legislation which have been made or which are in progress
- in the field of social security
- in relation to sickness benefits in kind for cross-border health care and the patient mobility initiative
5. Report by the Chair of the Administrative Commission on Social Security for migrant workers (CASSTM) on the work of the CASSTM
6.Report on the activities of the Technical Commission on Data Processing
July 2006 – June 2007
7.Request made by multinational companies to be exempted from the Dutch health insurance scheme
8.Report addressed to the Advisory Committee on social security for migrant workers concerning judgements delivered by the Court of Justice of the European Communities during the 2006-2007 legal year
9.Monitoring of the European Health Insurance Card
10.Presentation of the EUlisses portal (EU links and information on social security)
11.Other business
Annex: List of participants
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Adoption of the agenda
1.Adoption of the agenda
Note SS.TM.01/07
The agenda was adopted.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Approval of the minutes of the 37th meeting
2.Approval of the minutes of the 37thmeeting
Note SS.TM. 02/06
All language versions of the minutes were adopted.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
New forms of mobility and the Community rules on the coordination of social security schemes
3.New forms of mobility and the Community rules on the coordination of social security schemes
Note SS.TM.03/07/REV
Replies from the social partners:
Employers
- Note from the Austrian representative of 10 September 200710/07
- Note from the Czech representative of 4 September 200711/07
- Note from the Irish representative of 10 September 200712/07
- Note from the Maltese representative (Chamber of Commerce and Enterprise)
of 6 September 200713/07
- Note from the Maltese representative (MEA/CEEP) of 6 September 2007 14/07
- Note from the Dutch representative of 31 August 200715/07
- Note from the Romanian representative of 5 September 200716/07
- Note from the Slovak representative of 10 September 200717/07
Trade unions
- Note from the Belgian representative of 14 September 200718/07
- Note from the Czech representative of 10 September 200719/07
- Note from the German representative of 18 September 200720/07
- Note from the Danish representative of 3 September 200721/07
- Note from the European Trade Union Confederation of 7 September 2007 22/07
- Note from the French representative of 30 August 200723/07
- Note from the Luxembourg representative of 24 September 200724/07
- Note from the Portuguese representative of 12 September 200725/07
- Note from the Romanian representative of 10 September 200726/07
- Note from the Slovakian representative of 7 September 200727/07
- Note from the Swedish representative of 10 September 200728/07
- Note from the UK representative of 13 July 200729/07
- Note from the Irish representative of 2 October 200730/07
- Note from the Cypriot representative of 11 October 200731/07
The Chairbegan by reviewing the background to the question. During 2006, the European Year of Workers' Mobility, the question had arisen several times as to whetherRegulation(EEC)1408/71 adequately covered the new forms of mobility within the European Union. The Commissioner had undertaken to examine this question, and therefore the social partners and governments had been consulted via a questionnaire sent out on 13 July 2007.
The Secretariat had received 22 replies to this questionnaire, which it had summarised in note SS.TM 03/04REV.
In addition, the contract for the trESS network had been renewed for three years, and the new contract contained a clause providing for thesetting up of a think tank to look at the application of the coordination rules to the new forms of mobility.
Armed with the informationthus gathered, the Commission would then decide whether it would be advisable in due course to amend the coordination rules or to modify the way they were applied.
The ETUC representativeapplauded the Commission's initiative of consulting the social partners on this question. She stressed the importance of improving worker mobility and mentioned two main difficulties. First, workers were not sufficiently well informed. To remedy this situation, additional efforts were required from all players; also,the number of EURES advisers needed to be increased and their role expanded. Second, the legislation was not always heeded, and therefore a clear and binding regulatory framework was required. She wondered, however, about the advisability of amending the provisions ofRegulation(EC)No883/2004 when it was not yet applicable. The Chairexplained that all that was being proposed at the moment was tolook at the advisability of amending the applicable rules on the basis of the discussions currently taking place, but that no decision had yet been taken on this.
Concerning the question of the legislation applicable to a person pursuing an activity as an employed person in two or more Member States (situation referred to in Article 13 ofRegulation(EC)No 883/2004), the Dutch trade unions' representativestressed that obliging an employer for whom a minimal amount of activity was being undertaken to affiliate the worker to the social security system of anotherMember Statebecause the worker was also pursuing an activity there placed an administrative burden on that employerwhich was disproportionate to the minimal amount of activity undertaken by the worker for him. The Dutch trade unions' representativewould prefer to see theadministrative burden placed on the employer for whom the worker was pursuing the greatest part of his activity.
In response to a question from the Belgian employers' representative, the Chair explained that the concept of "substantial part of activity" referred to in Article 13 ofRegulation(EC)No 883/2004 was explained in the context of the proposal for an implementing regulationin the text which had been agreed by the Council in June 2006 and which still had to be examined by the European Parliament.
The Luxembourg trade unions' representativeemphasised the administrative difficulties and affiliation difficulties in respect of temporary workers who pursued activities alternately in variousMemberStatesand who therefore frequently came under different national legislations. He would like to see the information given by the institutions adapted to the workers' specific situations.
The Italian trade unions'representativeemphasised the difficulties in obtaining reliable statistical data on persons who had exercised their right to freedom of movement.
Concluding, the Chair announced that the discussion would be continued at the Committee's next meeting.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Report by the Chair of the Advisory Committee on changes to Community legislation which have been made or which are in progress
- in the field of social security
- in relation to sickness benefits in kind for cross-border health care and the patient mobility initiative
4. Report by the Chair of the Advisory Committee on changes to Community legislation which have been made or which are in progress - in the field of social security
- in relation to sickness benefits in kind for cross-border health care and the patient mobility initiative
Note SS.TM.04/07
The Chair presented the amendments made to Community legislation in the past year, plus the proposals for regulationscurrently being examined by the co-legislators or about to be adopted by the Commission (cf. note 04/07).
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Report by the Chair of the Administrative Commission on Social Security for migrant workers (CASSTM) on the work of the CASSTM
5. Report by the Chair of the Administrative Commission on Social Security for migrant workers (CASSTM) on the work of the CASSTM
Note SS.TM.05/07
The Chair of the Administrative Commission, Mr Manuel Antunes PINTO, informed the Advisory Committee about the activities of the Administrative Commission on Social Security for Migrant Workers (CASSTM) during the period from October 2006 to June 2007 (i.e. the 302nd to the 305th meetings), covering the work under the Finnish and German Presidencies.
The Chair gave an overview on the activities of the past 12 months, referring to points 2 to 6 of the above mentioned document, i.e. the matters related to the long-term care benefits (2), proposal for a decision on the obligation of service providers to affix a sticker displaying the European Health Insurance Card and proposal for an Action Plan raising the acceptance of the EHIC (3), overlapping of insurance periods with respect to the proposal for a new Article 12 (7) in the new implementing Regulation (4), implications of the ECJ judgments in the cases C-50/05 "Nikula" and C-372/04 "Watts" (5) and work of the Administrative Commission with regard to electronic data exchanges (6).
He referred in particular to the unanimous agreement on the type of a Common European Architecture in the fields of electronic data exchange and to the establishment of new Ad hoc groups in this field as well as with regard to the electronic EHIC and to combating fraud and error. He reported that Bulgaria and Romania were welcomed as members of the Administrative Commission.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Report on the activities of the Technical Commission on Data Processing July 2006 – June 2007
6.Report on the activities of the Technical Commission on Data ProcessingJuly 2006 – June 2007
Note SS.TM. 06/07
The Chair of the Technical Commission, Ms Eugenia ROSÁRIO, informed the Advisory Committee about the activities of the Technical Commission on Data Processing during the period from October 2006 to June 2007 covering the work under the Finnish and German Presidencies.
She referred to the work of the Technical Commission on matters such as the electronic European Health Insurance Card or the EESSI (Electronic Exchange of Social Security Information) Feasibility Study and Decisions, in particular the main features of the agreed Common European Architecture, and she highlighted that further work will be necessary in order to further develop and implement EESSI. She reported on the work done with regard to the EUlisses portal (EU Links & Information on Social Security, formerly 'COWEBs'), its public launch during the December 2006 closing conference of the European Year of Workers' Mobility and she mentioned the need to extend the EUlisses portal to all 23 Community languages.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Request made by multinational companies to be exempted from the Dutch health insurance scheme
7.Request made by multinational companies to be exempted from the Dutch health insurance scheme
Note 07/07 from the representative of the Dutch government
The representative of the Dutch government (also representing the Dutch employers' representatives in their absence) presented the note 07/07. He said that the Dutch government is hesitant to grant multinationals the possibility of an opt-out of the Dutch statutory health insurance as such exemptions could endanger the financial viability of the scheme. Furthermore, such exemptions could create uncertainty for other Member States with regard to the insured status of a migrant worker who is or has been subject to Dutch legislation.
He explained that this issue was also discussed at one of the meetings in the 70-ies and that, at the time, the question was raised in relation to an opt-out of statutory pension schemes. He reported that also then it was decided that exemptions covering only certain parts of social security should be avoided.
He added that in the last few months the Dutch government approached other Member States to see whether they have granted such exemptions under their own legislation and that twelve replies were received which were all negative.
The Belgian trade union representative and the Austrian employers' representative agreed with the Dutch approach.
According to the representative of the Austrian government such exemptions could also create unfair competition between domestic companies and multinational companies that could benefit from such exemptions.
Likewise, the Secretariat noted that exemptions as described in the Dutch note are not in concordance with the spirit of the Regulation. She added that Article 17 of Regulation (EEC) No 1408/71 allows under certain conditions exceptions to Articles 13 to 16 of Regulation (EEC) No 1408/71 and that these exceptions refer to the applicable legislation as a whole and not to a single branch such as health care.
The Chair invited the other Member States, represented at the meeting, to report whether or not they have granted exemptions as described in the Dutch note; this was not the case.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Report addressed to the Advisory Committee on social security for migrant workers concerning judgements delivered by the Court of Justice of the European Communities during the 2006-2007 legal year
8.Report addressed to the Advisory Committee on social security for migrant workers concerning judgements delivered by the Court of Justice of the European Communities during the 2006-2007 legal year
Note 08/07 from the Legal Service
The representative of the Legal Service presented the judgments delivered by the Court of Justice of the European Communities in the most important cases in 2006-2007. He outlined the facts and the legal implications with a view to subsequent developments in the following cases:
1.JUDGMENTS CONCERNING REGULATION 1612/68:
- C-213/05 Wendy Geven
- C-212/05 Gertraud Hartman
2.JUDGMENTS CONCERNING REGULATION 1408/71:
- C-205/05 Fabien Nemec
- C-265/05 José Perez Naranjo
- C-332/05 Also Celozzi
- C-346/05 Monique Chateignier
- C-287/05 D. P. W. Hendrix
3.JUDGMENTS CONCERNING THE FREEDOM TO PROVIDE SERVICES (ARTICLE 49 EC):
- C-444/05 Aikaterini Stamatelaki
4.JUDGMENTS CONCERNING INTERNATIONAL AGREEMENTS
- Euro-Mediterranean Agreement with Tunisia (C-97/05 Mohamed Gattoussi)
The Chair thanked the representative of the Legal Service for his excellent note and presentation which were highly appreciated by delegations.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Monitoring of the European Health Insurance Card
9.Monitoring of the European Health Insurance Card
Note SS.TM. 09/07
The Secretariat presented on the basis of the replies to a questionnaire, sent to all Member States, an overview of the deployment and use of the European Card between
1 January 2006 and 31 December 2007. As from 1 January 2006 all Member States have introduced the EHIC and E111 forms are no longer valid.
The following conclusions can be drawn from the survey:
- A total of 151 million cards are in circulation on 31 December 2006. This means that around 33% of the European citizens have an EHIC.
- Some legal and practical difficulties had been reported (such as increasing number of refusals of the EHIC by health care providers due to unawareness of the EHIC or to complicated reimbursement procedures, unawareness of the patients about their entitlements).
- No or very few cases of inappropriate or fraudulent use of the EHIC.
The Secretariat said that refusals derogate the trust in the use of EHIC and that therefore the Commission suggested a proposal for an Action Plan raising the acceptance of the EHIC. She stated that patients often do not know the health care systems of the MemberState of residence and that more information for patients and providers are needed. She concluded that Member States have to better inform health care providers and to guide them regarding the acceptance of the EHIC.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Presentation of the EUlisses portal (EU links and information on social security)
10.Presentation of the EUlisses portal (EU links and information on social security)
The Secretariat presented the EUlisses portal and its facilities. Furthermore, the Secretariat reported that the EUlisses portal would be supplemented with information about EHIC.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Other business
11.Other business
The Secretariat explained that the revised edition of the big guide on social security schemes of the Member States will be available in summer 2008 (CD-ROM edition). The guide will be published through internet and additionally separately in paper form for each MemberState. The work on a new small guide about Community provisions on social security under Regulation No 883/2004 has been started.
The members were informed about the website on cross border health care and the fact that the trESS network (training and reporting on European Social Security) will be continued in the following three years.
SS.TM. 02/07Minutes of the 38th meeting of the Advisory Committee
Annex – List of participants
Orig. EN/FR
Annex List of participants
at the 38th meeting of the Advisory Committee
on Social Security for migrant workers
Brussels, 19 October 2007
GOVERNEMENT REPRESENTATIVES
BELGIQUE/BELGIË
Ms Geneviève PIETQUIN
Service Public Fédéral Sécurité sociale
БЪЛГАРИЯ (BĂLGARIJA)
Ms Dobrinka BONEVA
Ministry of Labour and Social Policy
ČESKÁ REPUBLIKA
Mr Jíří BAUER
Ministry of Labour and Social Affairs
Ms Petra ŘĺHOVÁ
Ministry of Labour and Social Affairs
DANMARK
Mr Claus G.P. RYDE
National Directorate of Labour
DEUTSCHLAND
Mr Bruno BARTH
Bundesministerium für Arbeit und Soziales
EESTI
Ms Agne NETTAN
Ministry of Social Affairs
ÉIRE/IRELAND
Mr Joan GORDON
Department of Social, Community and Family Affairs
ΕΛΛΆΔΑ (ELLÁDA)
Ms Ioanna BOUZALAKOU
Ministry of Employment and Social Protection
Ms Anna RIZOU
Ministry of Employment and Social Protection
Ms Vasiliki SIDERI
Ministry of Employment and Social Protection
ESPAÑA
Ms Ana GONZÁLEZ GOMEZ
Ministerio de Trabajo y Asuntos Sociales
FRANCE
Mr Louis RANVIER
Ministère de l'Agriculture et de la Pêche
ITALIA
Not represented
ΚΎΠΡΟΣ (KYPROS)
Ms Dora PETSA
Ministry of Labour and Social Insurance
LATVIJA
Ms Liene RAMANE
Ministry of Welfare
LIETUVA
Ms Janina ANDRIUŠKEVIČIŪTE
Ministry of Health
Mr Vytautas KRIAUZA
State Sickness Fund
Ms Jūraté SABALIENÉ
State Patient Fund (under Ministry of Health)
Ms Mariana ŽIUKIENÈ
Ministry of Social Security and Labour
LUXEMBOURG
Mr Claude EWEN
Ministère de la Sécurité Sociale
MAGYARORSZÁG
Ms Éva Tímea KISS
Ministry of Social Affairs and Labour