On Friday 11 April, Member States will be asked to vote on a revised draft mandate on the reform of the rules for coordinating social security schemes (Regulation 883/2004), which has been on the table since 2016 (see EUROPE 13603/13), and which governs payment of social benefits to mobile workers in the EU and their families.
The Polish Presidency of the EU Council would then like to convene a new trilogue meeting with the European Parliament, although no date had yet been set as of Monday 7 April.
Drawing on lessons from previous working groups, the Presidency has in any case decided to propose to Member States that they abolish the derogation enjoyed by the construction sector under the exemption from prior notification requirements for postings of less than three days.
The construction sector and the European Parliament are keen to maintain this exemption for construction, based on the high risk of fraud. However, the Presidency, which has been able to count on certain countries, such as France, changing their position on this specific issue, in its note of 7 April, points to, on the contrary, “the insufficient data supporting the exclusion of this particular sector” for short postings.
On another issue of particular importance to Parliament, namely the duration of export of unemployment benefits for cross-border workers, the Presidency is also proposing to stick to a period of six months for all mobile workers, whereas in its mandate Parliament called for two periods: one of six months and the other of ten months for workers who have paid contributions for a long time.
The Presidency also proposes that the minimum period of affiliation in the Member State of last activity for entitlement to unemployment benefits be calculated based on a margin of 18 to 22 weeks, with the final number of weeks being determined within this margin.
In its working paper, the European Commission says it has noted “that the majority of Member States expressed their willingness to continue working on this dossier and that this work resumes on the whole package. The “splitting” of the file was indicated by most Member States as [a] last resort option, to be used only in the event of the inability to reach an agreement with the European Parliament on an overall basis. In addition, the Presidency takes note that some Member States became more flexible in their positions, which may increase chances for reaching a compromise. In view of these (...) positions, the Presidency proposes to resume negotiations with the European Parliament”.
With regard to applicable legislation and prior notification of postings, the Presidency proposes to continue operating on the basis of compulsory prior notification, with, in the event of an emergency, the possibility of informing the competent institution no later than three days after the activity starts. It maintains two general exemptions from the prior notification requirement: business travel and activities lasting no more than three consecutive days in any period of thirty consecutive days.
“Regarding the first general exemption, the Presidency proposes using the definition of business trips as laid down in the provisional agreement of December 2016, which gathered broad support. Regarding the second general exemption, the Presidency proposes that it applies horizontally, including to the construction sector”.
In its compromise, the Presidency also proposes that prior notification should not be compulsory for civil servants.
“As regards the digital solutions aiming at maximising the transparency of prior notification to contribute to the fight against fraud, the Presidency proposes to consider the feasibility of the solution proposed by the Commission based on the already operational solutions under EESSI and SDG, with particular reference to the requirement to issue an automatic acknowledgement of receipt”.
On the issue of pluriactivity and the needs of workers carrying out an activity in two or more Member States without stable employment, including hypermobile workers, it will also propose to Member States that they maintain the Spanish Presidency’s proposal made in 2023, which consists, among other things, of maintaining that the registered office or relevant establishment is the place where the company’s essential decisions are taken and where the functions of its central administration are carried out, and of including a non-exhaustive list of indicative factors for its assessment (turnover, length of time the company has been established in the Member State and place where it uses office space, places where general meetings are held and the habitual nature of the activity carried out). (Original version in French by Solenn Paulic)