Temporary End for "883"
Reforming the coordination law will not be finalised during this legislative period.
UM – 02/2024
Reforming the
law covering how social security systems are to be coordinated - Regulation
(EU) No. 883/2004 and its implementing
Regulation (EU) 987/2009 - will not be completed for the time being. On 14
February, Frank Vandenbrouke, the Belgian Deputy Prime Minister and Minister of Social Affairs, made official in the Committee on Employment and Social Affairs
(EMPL) what had basically been clear since the compromise proposal failed at
the end of January: The dossier will not be pursued any further by the Belgian
Council Presidency. This means that the EC's
proposal of 13 December 2016 to revise the coordination law was not
successfully negotiated during the second legislative term either.
Over, but not finished
The Belgian
Council Presidency had proposed that the remaining contentious points be
negotiated separately. These relate to the mechanism for determining the social security liability of employees in other EU countries under the
A1 certificate and unemployment benefits for cross-border workers. The move could not be agreed with the responsible EMPL committee. This paved the way for its termination in the current legislative period, which was already drawing to a close.
Parliament is staying on the ball
Gabriele
Bischoff (S&D, DE), the rapporteur for the legislative file, said that
the European Parliament would remain on the ball with regard to the Council's
decision. They are still open to a compromise, whether it is during this or the
next legislative period. A press
release issued on the 15 February by the EMPL negotiators stated: "The
Belgian Presidency's unwillingness to continue the Spanish Presidency's efforts
to reach an overall compromise is disappointing". However, splitting up
the issues is unacceptable. Only finalising parts of the reform would mean
abandoning key points of its position indefinitely. They are in favour of a
balanced package. Moreover, Parliament would not be held hostage just because
the member states are encountering difficulties in finding a common position.
What's next?
In fact, a
provisional agreement between the Parliament and the Council was reached twice
in the past - in spring 2019 and December 2021. The compromise was rejected by
the member states on both occasions. The dossier will probably be taken up
again during the next legislative term. Whether Gabriele Bischoff will still
hold the negotiating reins on the parliamentary side then is uncertain, but likely. . Given her position as number one on the SPD's Berlin state list for the European elections, she stands a very good chance of entering the newly appointed parliament on 1 July. There is much to suggest that she will bring her expertise
in coordination law to bear when the responsibilities for legislative
procedures are redistributed.