iStockphoto/Olivier LantzendörfferCoordination Law
The outcome of the revision of the Coordination Regulations remains uncertain.
UM – 07/2025
Back in May, the mood was still optimistic.
After a lengthy pause, negotiations resumed on the revision of Regulations (EC)
No 883/2004 and (EC) No 987/2009 on the coordination of social security
systems. Following technical clarifications, two political trilogues were
planned for June to break the deadlock. The chances were not bad – after all,
the Council had, albeit with some difficulty, reached an agreement on a
compromise proposal in the Committee of Permanent Representatives (Coreper) on
11 April.
A missed opportunity
The political trilogue began on 3 June, but
according to reports, it started late and was substantively disappointing. It
apparently amounted to little more than a restatement of well-known positions.
At least a second negotiation date – potentially 20 June – was discussed.
However, the then Polish Council Presidency failed to issue a formal
invitation. It quickly became apparent: nothing more would come of it.
Denmark opts out
Denmark has held the Council Presidency
since July. But the Danes had already indicated early on that they did not
intend to take on the “883” file. So what now? According to reports, Commission
President Ursula von der Leyen had announced before the start of the
negotiations that this would be the final attempt. Now that the talks have
ended without result, it is unclear whether and how the process will continue.
The Commission has yet to comment on how it intends to handle this difficult
dossier going forward. Whether it will actually withdraw the proposal is still
unknown. In any case, the mood is no longer as positive as it was in May.
Focus shifts to Cyprus
Still, the revision of the coordination
regulations – which has now been under negotiation for nearly nine years – does
not yet appear to be completely off the table. Attention is therefore turning
to the country set to take over the Council Presidency after Denmark: Cyprus.
If that happens, the Cypriots will inherit a bundle of unresolved issues,
including the A1 procedure, the export of unemployment benefits, and applicable
law (see also News 05/2025). But they would also have the opportunity to finally
push through the parts of the legislative process that have already been agreed
upon. For the German Social Insurance (DSV), these include, in particular, the
provisions for coordinating long-term care benefits and the urgently needed
clarification as to which health insurance fund is responsible for covering the
healthcare costs of children whose parents live and work in different Member
States. Legal clarity in this area could finally put an end to long-standing
disputes between health insurance institutions.
What happens next?
In mid-March, the Commission announced a
package on labour mobility, due to be presented in early 2026 in the form of a
communication. Among other things, it is expected to include information on the
European Social Security Pass (ESSPASS) and the digital procedure for carrying
the A1 certificate. If no clarity on the future of the coordination regulations
dossier is provided in the coming months, the Commission should use this
package to indicate the path forward.