Coordination rules

The new coordination rules that have been in place since 1 May 2010 and facilitate intra-EU mobility for workers, their family members, but also young people and other citizens, are:

• Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems
• Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems
• Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes.

Since 1 January 2011, Regulation (EC) No 1231/2010 of the European Parliament and of the Council extending Regulation (EC) No 883/2004 and Regulation No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (this does not apply to Denmark, Iceland, Liechtenstein, Norway, Switzerland and the United Kingdom) (replaced Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality) has been in force.

Since 1 April 2012, Switzerland has committed itself to the application of the new coordination rules.

Since 1 June 2012, the EEA States (Iceland, Liechtenstein, Norway) have committed themselves to the application of the new coordination rules.

Since 28 June 2012, Regulation (EU) No 465/2012 of the European Parliament and of the Council 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 has been in force – this concerns in particular the application of Article 13 of Regulation (EC) No 883/2004.

These coordination rules do not replace national legislation, but determine which social security system of which State is competent for a particular person in their particular situation. If a person is in a ‘cross-border situation’, e.g. resides in one Member State and works in another Member State or works in more than one Member State, the coordination rules lay down in these cases the rules and principles according to which the country where the given person will be insured for social security is determined, what social security benefits will be paid to them and under what conditions. The coordination rules prevent a person from being simultaneously subject to the legislation of several Member States and, therefore, being required to pay contributions to several schemes or receiving benefits of the same kind from more than one State.