On the evening of Friday 8 December, the Spanish Presidency of the Council of the EU was hoping to rally the Member States around its latest compromise proposals on the revision of the regulation on the coordination of social security schemes, the famous 883/2004, the reform of which was tabled in 2016.
The Presidency is then due to meet the European Parliament in Strasbourg on Monday evening for a new trilogue, following the positive outcome of the one held on 21 November. And the European Parliament negotiators had already planned to meet again at the end of the day on Monday before the trilogue to take a position on the results of Coreper on Friday evening.
Mandatory prior notification and exemptions for certain sectors (which would not be subject to the derogations provided for, for example, postings of less than three days or so-called business trips) have always been crucial points for the European Parliament.
To convince the Member States, the Spanish Presidency has submitted two – not one – new notes to them over the last few days, on prior notification and the possibility of making late declarations three days after the start of the mission in emergency situations (proposal of 6 December) and on pluriactivity (proposal of 5 December).
On the subject of pluriactivity, the Presidency had submitted a new suggestion with the addition of an additional factor to be taken into account for the assessment of the registered office or place of business. (“Examples of such factors are the turnover, the length of time that the undertaking has been established in the Member State and the place where the undertaking uses office space, the places where general meetings are held, and the habitual nature of the activity pursued”).
According to sources, late on Friday there was still a blocking minority on the Spanish Presidency’s proposals.
And some countries could once again argue in favour of splitting the dossier, moving forward on the chapters already agreed in 2021, leaving aside the most contentious chapters. A new Commission proposal could then be presented on these last aspects, argue these few countries.
But a number of other delegations would also like to give this last package of proposals a chance, as the chances of reaching an agreement under this mandate are becoming slimmer by the day.
EUROPE will continue to follow this story. (Original version in French by Solenn Paulic)