http://www.legislation.gov.uk/id/eur/2012/465

Regulation (EU) No 465/2012 of the European Parliament and of the Council

of 22 May 2012

amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004

(Text of relevance to the EEA and to the EU/Switzerland Agreement)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure1,

Whereas:

(1)

To take account of legal changes in certain Member States and to guarantee legal certainty for stakeholders, Regulation (EC) No 883/2004 of the European Parliament and of the Council2 and Regulation (EC) No 987/2009 of the European Parliament and of the Council3 need to be adapted.

(2)

Relevant proposals were received from the Administrative Commission for the Coordination of Social Security Systems concerning the coordination of social security schemes with a view to improving and modernising Union law and have been included in this Regulation.

(3)

Changes in social reality can affect the coordination of social security systems. In order to respond to such changes, amendments in the field of the determination of applicable legislation and unemployment benefits are necessary.

(4)

The concept of ‘home base’, for flight crew and cabin crew members, under Union law is defined in Annex III to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation4. In order to facilitate the application of Title II of Regulation (EC) No 883/2004 to this group of persons, it is justified to create a special rule whereby the concept of ‘home base’ becomes the criterion for determining the applicable legislation for flight crew and cabin crew members. However, the applicable legislation for flight crew and cabin crew members should remain stable and the ‘home base’ principle should not result in frequent changes of applicable legislation due to the industry’s work patterns or seasonal demands.

(5)

In situations where a person is working in two or more Member States, it should be made clear that the condition of pursuing a ‘substantial part’ of the activity within the meaning of Article 13(1) of Regulation (EC) No 883/2004 also applies to persons pursuing activities for various undertakings or employers.

(6)

Regulation (EC) No 883/2004 should be amended by inserting a new provision that ensures that a self-employed frontier worker who becomes wholly unemployed receives benefits if he/she has completed periods of insurance as a self-employed person or periods of self-employment recognised for the purposes of granting unemployment benefits in the competent Member State and if no unemployment benefits system covering self-employed persons exists in the Member State of residence. That provision should be reviewed in the light of the experience after two years of implementation and, if necessary, it should be amended.

(7)

Regulations (EC) No 883/2004 and (EC) No 987/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION: