The European Parliament and the Presidency of the EU Council will once again try to reach agreement on Regulation 883/2004 on the coordination of social security systems mid-afternoon on Monday 7 December.
They will seek a solution to the last three open points (see EUROPE 12606/22): exemption from prior notification before sending a worker, the export of unemployment benefits for frontier workers, and pluriactivity. Several proposals would be on the table, according to documents seen by EUROPE.
As regards prior notification, two options would be on the table: a first, closer to the European Parliament’s, based on an exemption by type of activity. For example, business trips that do not involve the supply of property and services could be exempt, as could activities relating to artists, athletes, diplomats and others.
Furthermore, activities resulting from a sudden incident could be exempted, excluding several sectors such as construction, agriculture or transport. A post-notification could be scheduled within two working days after the start of an unplanned activity.
The second option, preferred by Member States, would be based on a time exemption for activities lasting 10 days or less.
As for the export of unemployment benefits, again there would be two options on the table. A first option would be to allow a transfer of competence to the Member State of last employment after an uninterrupted six months of contributions for a six-month export (with the possibility of extension if the Member State allows it). A second option would be considered, which would allow a transfer once three months uninterrupted contributions are made for an export of six months (again with the possibility of extension).
After 24 months of uninterrupted contributions, it would be possible to export 10 months, with the possibility of extension except for Member States where unemployment benefits last less than 10 months (such as the Czech Republic, Hungary, Ireland, Italy, Lithuania, Malta, and Slovakia). Parliament, however, considers it important that the contribution period can be interrupted to take account of the characteristics of certain sectors, in particular the tourism sector.
On the question of pluriactivity, the German Presidency rejects the introduction of the concept of “working time” carried out in the Member States to determine the location of a company. One of the options considered would be to also abolish the notion of turnover. The other criteria, which have not seen much discussion, are the number of services rendered by employees and/or their income, the places where general meetings are held, and the habitual nature of the activity carried out. This point would be less obstructive than the other two and mush less so than the issue of exemption from prior notification.
The stakes of the meeting are high: the German EU Council Presidency fears that a failure of the negotiations under its Presidency will postpone the possibility of an agreement indefinitely (see EUROPE 12615/37). (Original version in French by Pascal Hansens)