Member States’ ambassadors to the EU generally welcomed the efforts made by the Portuguese Presidency of the EU Council during the interinstitutional negotiations on the Regulation on the coordination of social security systems, which took place on Wednesday 23 June in the Committee of Permanent Representatives (Coreper).
However, many delegations deplored the European Parliament’s lack of flexibility over this issue, with some talking about the possibility of status quo. This is because, generally speaking, the EU Council is becoming impatient and is adopting an increasingly rigid stance towards the European Parliament, several sources confirmed to us.
“Sixteen trilogues have taken away the ability to be creative and flexible”, one of them told us, recalling that the need to provide prior notification before sending a worker to another Member State was not included in the European Commission’s proposal, nor even in the EU Council’s general approach.
Germany was reportedly critical of the position of the European Parliament negotiating group, which is led by Gabriele Bischoff (S&D). As for Germany’s position, a compromise should not be sought at all costs, which is a position that “a number of Member States” would have also taken up, we were told.
Germany is reported to be of the opinion that the latest Portuguese proposal (see EUROPE 12746/23) is not the best proposal, on the grounds that it would potentially create legal uncertainty.
Furthermore, the country would have insisted on there being a horizontal time exemption from the seven-day prior notification (the Parliament had suggested a maximum of three days during discussions with the Presidency).
Other Member States have expressed concerns either about prior notification, such as the Czech Republic and Hungary who are opposed to it, or have expressed concern about the chapter on unemployment benefits, such as Luxembourg, Sweden and the Netherlands.
The latter country is said to have suggested to the European Commission that it might reconsider the initial proposal, a request that was echoed particularly by Latvia.
Nevertheless, the latest Portuguese proposal has been confirmed as being supported by a majority of Member States. Slovenia, who is about to take over the rotating Presidency, was encouraged to continue negotiations with the European Parliament, notably by Italy, France and Spain.
As for the European Parliament, the negotiating group is equally impatient, noting that the EU Council is making no major concessions to parliamentarians.
The rapporteurs and shadow rapporteurs (with the notable exception of the ECR group) were baffled by the latest informal proposal put forward by the Portuguese Presidency, which introduces flexibility over the issuing of the A1 form, depending on the duration of the worker’s stay in another Member State (see EUROPE 12728/22).
To see the Portuguese Presidency’s progress report: https://bit.ly/3qu3j4B (Original version in French by Pascal Hansens)