hjschneider - FotoliaNews
Revision of the Coordination Law
The existing room for compromise must be fully used.
UM – 04/2026
For more than nine
years, negotiations have been ongoing. However, the revision of Regulations
(EC) No 883/2004 and 987/2009 on the coordination of social security systems
has still not been successfully concluded. Following three unsuccessful
trilogue rounds in 2019, 2021 and 2025, a fourth – and probably final – attempt
will be made on 22 April to finally bring the dossier to a conclusion.
More consensus than disagreement
The longstanding
contentious issues will once again be on the agenda of the new trilogue:
conditions and duration of unemployment benefits when seeking work abroad,
exemptions from prior notification requirements for the A1 certificate, and
criteria for determining the place of establishment of an undertaking. These
topics have repeatedly been the subject of controversy and are well known. The
focus should now shift more towards what has already been agreed within the
revision package. There is more that unites than divides.
Making full use of the room for compromise
This is at least the
view of the representations of the German and French social security
institutions in Brussels – DSV and REIF. In a joint statement, they have
contributed to the ongoing discussions. Their appeal: make full use of the
available room for compromise. Both institutions pointed to progress already
achieved, such as agreements on the cross-border coordination of long-term care
benefits, on the definition of fraud, and on a common procedure for determining
the applicable social security legislation for mobile workers.
Social security requires a stable legal framework
An agreement is also
necessary to create a clear and stable legal framework for businesses and
citizens. This is a key precondition for the introduction of new initiatives
such as the Fair Labour Mobility Package, including the European Social
Security Pass (ESSPASS), which will facilitate mobility within the internal
market. Social security – particularly in the context of digitalisation –
requires modern and reliable rules.
Do not merge posting declarations and A1 certificates
The intensity of
exchanges between Parliament, Council and Commission on this issue has been
very high in the run-up to the forthcoming trilogue. The appeal by the social
security institutions therefore comes at the right time. However, it is not
limited to calling for a successful conclusion of the revision negotiations on
the coordination regulations. DSV and REIF also use the opportunity to warn
against merging the procedures for labour law posting declarations and the
social security A1 certificate. These are two entirely distinct procedures with
different objectives, addressed to different authorities and based on different
legal frameworks. Consequently, if the aim is to reduce administrative burden
for businesses, the approach must target the appropriate level and reflect the
realities of existing communication channels.