Provisional trilogue agreement on the revision of Regulation 883.

After more than nine years of negotiations, negotiators from the Council of the European Union (EU) and the European Parliament reached a provisional agreement on 22 April on the revision of the coordination rules. Trilogue rounds held in 2019, 2021 and 2025 on updating Regulations (EC) No 883/2004 and 987/2009 on the coordination of social security systems had previously failed to reach agreement. The compromise now reached still requires formal approval by both the Council and the Parliament.

Content of the provisional agreement

In the latest trilogue round, familiar points of contention were on the agenda, notably the prior notification requirement for the A1 certificate and the export of unemployment benefits. A compromise was reached on both issues.

The agreement provides that, in future, no A1 certificate will be required for business trips and short postings of up to three days within a period of 30 days, while the construction sector is excluded from this exemption. In all cases where the A1 certificate is necessary, it must be applied for in advance. This constitutes a significant change compared to the current legal framework and reflects a key demand of the European Parliament. The Council had also envisaged exemptions for short activities but without a specific rule for the construction sector and with the possibility of ex post notification in emergencies. On this point, the Council has made a significant concession to Parliament.

In return, Parliament made concessions on the export of unemployment benefits. In the future, unemployment benefits may be exported for six months, provided that a person has previously worked for at least 22 weeks in the competent Member State. However, this does not create an automatic entitlement, as eligibility continues to be governed exclusively by national legislation. Under current rules, benefits can be exported for three months, with the possibility of an extension to up to six months. Parliament had advocated for an export period of up to ten months, while the Council maintained a six-month limit.

Statement by DSV and REIF

Ahead of the decisive trilogue round, the representations of the German and French social security institutions in Brussels – DSV and REIF – contributed to the discussions with a joint statement. Their message: make full use of the available scope for compromise. The organisations pointed to progress already achieved, such as agreements on the cross-border coordination of long-term care benefits, the definition of fraud and a uniform procedure for determining the applicable social security legislation for mobile workers.

In addition, DSV and REIF warned against merging the procedures for labour law posting declarations and the social security A1 certificate, as has repeatedly been discussed in the context of the revision. These are two fundamentally different procedures with distinct objectives, addressed to different authorities and based on different legal frameworks. Any attempt to reduce administrative burdens for companies must therefore target the appropriate level and reflect the realities of existing communication channels, according to the statement.

Outlook

With the provisional agreement, an important breakthrough has been achieved after years of negotiations. The Committee of Permanent Representatives (Coreper) confirmed the agreement on 29 April, while the European Parliament’s Committee on Employment and Social Affairs (EMPL) is expected to approve it on 6 May. Formal adoption by both institutions will follow the legal-linguistic revision.