Date: 2023-02-10Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/310 of 6 February 2023 on the position to be taken on behalf of the European Union within the Specialised Committee on Social Security Coordination established under the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as regards the use of the Electronic Exchange of Social Security Information for the transmission of data between institutions or liaison bodies
Executive Summary:
This Council Decision establishes the EU's position within the Specialised Committee on Social Security Coordination regarding the use of the Electronic Exchange of Social Security Information (EESSI) for data transmission between the EU and the UK, as outlined in the Trade and Cooperation Agreement. It approves the transmission of data via EESSI. The decision entered into force on February 6, 2023.
Key Points / Main Content:
* **Legal Framework:**
* The decision is based on Article 48 and Article 218(9) of the Treaty on the Functioning of the European Union.
* It relates to the Trade and Cooperation Agreement between the EU and the UK, specifically the Protocol on Social Security Coordination.
* It acknowledges the Specialised Committee's power to adopt binding decisions.
* **Electronic Exchange of Social Security Information (EESSI):**
* The UK may participate in EESSI for implementing the Protocol on Social Security Coordination.
* Data transmission between Member States and the UK institutions or liaison bodies can occur via EESSI, subject to the Specialised Committee's approval.
* Exchanged forms and documents must adhere to EESSI rules.
* **Benefits of EESSI:**
* Ensures a more rapid, accurate, and secure exchange of social security information.
* Benefits Member States, the UK, social security institutions, and individuals moving between the EU and the UK.
* **Decision of the Specialised Committee:**
* Data transmission between Member States and the UK shall be carried out via EESSI, except in exceptional and objectively justified situations.
* The UK shall bear the costs associated with its participation in EESSI.
* The decision of the Specialised Committee enters into force upon adoption.
Impact Analysis:
* European Union:
* Impact: The EU's position on data exchange with the UK via EESSI is defined and binding.
* Action Required: Implement the decision within the framework of the Trade and Cooperation Agreement.
* United Kingdom:
* Impact: Can participate in EESSI for social security data exchange, leading to more efficient processes. Bears the related costs of participation.
* Action Required: Implement EESSI for data transmission with Member States and bear the associated costs.
* Member States:
* Impact: Data exchange with the UK will occur through EESSI, ensuring a standardized and secure process.
* Action Required: Utilize EESSI for data transmission with the UK, adhering to the applicable rules.
* Social Security Institutions:
* Impact: Will benefit from a more rapid, accurate, and secure exchange of social security information.
* Action Required: Adapt processes to utilize EESSI for data exchange with the UK.
* Individuals Moving Between the EU and the UK:
* Impact: Benefit from more efficient social security information exchange, potentially streamlining administrative processes.
* Action Required: No direct action required; benefit from improved data exchange between institutions.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Atomic Energy Community: An international organisation established by the Treaty of Rome in 1957 with the purpose of creating a specialist market for nuclear power in Europe.
United Kingdom of Great Britain and Northern Ireland: A sovereign state in Europe, commonly known as the United Kingdom or UK.
Trade and Cooperation Agreement: An agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.
Specialised Committee on Social Security Coordination: A committee established under the Trade and Cooperation Agreement between the European Union and the United Kingdom.
Electronic Exchange of Social Security Information: A system for the electronic exchange of social security information between member states and the United Kingdom.
Protocol on Social Security Coordination: A protocol to the Trade and Cooperation Agreement concerning the coordination of social security systems.
Brussels: The capital of Belgium and a major centre for European politics, where the Council decision was made.
L 40/20 EN Official Journal of the European Union 10.2.2023
COUNCIL DECISION (EU) 2023/310
of 6 February 2023
on the position to be taken on behalf of the European Union within the Specialised Committee on
Social Security Coordination established under the Trade and Cooperation Agreement between the
European Union and the European Atomic Energy Community, of the one part, and the United
Kingdom of Great Britain and Northern Ireland, of the other part, as regards the use of the
Electronic Exchange of Social Security Information for the transmission of data between
institutions or liaison bodies
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48, in conjunction with
Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community,
of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part(1)(the ‘Trade and
Cooperation Agreement’), was concluded by the Union by means of Council Decision (EU) 2021/689(2)and entered
into force on 1 May 2021, having been provisionally applied since 1 January 2021.
(2) Pursuant to Article 778(1) of the Trade and Cooperation Agreement, the Protocols and Annexes to that agreement
form an integral part thereof. In accordance with Article 783(3) of the Trade and Cooperation Agreement, as from
the date from which that agreement was provisionally applied, references to the date of its entry into force are to be
understood as references to the date from which it was provisionally applied.
(3) Article 8(4)(c) of the Trade and Cooperation Agreement empowers the Specialised Committee on Social Security
Coordination (the ‘Specialised Committee’) to adopt decisions, including amendments, and recommendations in
respect of all matters where that agreement so provides. In accordance with Article 10 of the Trade and
Cooperation Agreement, the decisions adopted by a committee are binding on the Parties.
(4) Pursuant to Article SSCI.71(4) of the Protocol on Social Security Coordination to the Trade and Cooperation
Agreement (the ‘Protocol on Social Security Coordination’), for the purposes of implementing that protocol, the
United Kingdom may take part in the Electronic Exchange of Social Security Information and bear the related costs.
(5) Pursuant to Article SSCI.4(2) of the Protocol on Social Security Coordination, the transmission of data between the
institutions or the liaison bodies of the Member States and the United Kingdom may, subject to the approval of the
Specialised Committee, be carried out via the Electronic Exchange of Social Security Information. To the extent
forms and documents are exchanged via the Electronic Exchange of Social Security Information, they are to respect
the rules applicable to the Electronic Exchange of Social Security Information.
(1) OJ L 149, 30.4.2021, p. 10.
(2) Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation
Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of
Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of
Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149,
30.4.2021, p. 2).10.2.2023 EN Official Journal of the European Union L 40/21
(6) The use of the Electronic Exchange of Social Security Information for the purposes of implementing the Protocol on
Social Security Coordination would be beneficial for the Member States and the United Kingdom, social security
institutions and persons moving between the European Union and the United Kingdom, as it would ensure a more
rapid, accurate and secure exchange of social security information under the Protocol on Social Security
Coordination. The Specialised Committee should therefore adopt a decision to approve the transmission of data via
the Electronic Exchange of Social Security Information.
(7) It is appropriate to establish the position to be taken on the Union’s behalf in the Specialised Committee, as the
envisaged decision will be binding on the Union,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on behalf of the European Union within the Specialised Committee on Social Security
Coordination established by Article 8(1)(p) of the Trade and Cooperation Agreement is set out in the draft decision of the
Specialised Committee attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 6 February 2023.
For the Council
The President
J. ROSWALLL 40/22 EN Official Journal of the European Union 10.2.2023
DRAFT
DECISION No …/2023 OF THE SPECIALISED COMMITTEE ON SOCIAL SECURITY
COORDINATION ESTABLISHED BY ARTICLE 8(1)(p) OF THE TRADE AND COOPERATION
AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY
COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND, OF THE OTHER PART,
of …
as regards the use of the Electronic Exchange of Social Security Information for the transmission of
data between institutions or liaison bodies
THE SPECIALISED COMMITTEE ON SOCIAL SECURITY COORDINATION,
Having regard to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy
Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part(1) (the
‘Trade and Cooperation Agreement’), and in particular Article SSCI.4(2) of its Protocol on Social Security Coordination,
Whereas:
(1) Pursuant to Article SSCI.71(4) of the Protocol on Social Security Coordination to the Trade and Cooperation
Agreement (the ‘Protocol on Social Security Coordination’), for the purposes of implementing that protocol, the
United Kingdom may take part in the Electronic Exchange of Social Security Information and bear the related costs.
(2) Pursuant to Article SSCI.4(2) of the Protocol on Social Security Coordination, the transmission of data between the
institutions or the liaison bodies of the Member States and the United Kingdom may, subject to the approval of the
Specialised Committee on Social Security Coordination, be carried out via the Electronic Exchange of Social
Security Information. To the extent forms and documents are exchanged via the Electronic Exchange of Social
Security Information, they are to respect the rules applicable to the Electronic Exchange of Social Security
Information.
(3) The use of the Electronic Exchange of Social Security Information for the purposes of implementing the Protocol on
Social Security Coordination would be beneficial for the Member States and the United Kingdom, social security
institutions, and persons moving between the European Union and the United Kingdom, as it would ensure a more
rapid, accurate and secure exchange of social security information under the Protocol on Social Security
Coordination. The Specialised Committee on Social Security Coordination should therefore adopt a decision to
approve the transmission of data via the Electronic Exchange of Social Security Information.
(4) The Specialised Committee on Social Security Coordination notes that, whilst the rules on social security
coordination laid down in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern
Ireland from the European Union and the European Atomic Energy Community(2)are legally separate from those
laid down in the Trade and Cooperation Agreement, Article 34(2) of the former agreement provides that the United
Kingdom is to take part in the Electronic Exchange of Social Security Information (EESSI) and bear the related costs,
HAS ADOPTED THIS DECISION:
Article 1
The transmission of data between the institutions or the liaison bodies of the Member States and the United Kingdom shall
be carried out via the Electronic Exchange of Social Security Information. This is without prejudice to exceptional and
objectively justified situations.
(1) OJ EU L 149, 30.4.2021, p.10.
(2) OJ EU L 29, 31.1.2020, p. 7.10.2.2023 EN Official Journal of the European Union L 40/23
Article 2
The United Kingdom shall bear the related costs which arise from its participation in the Electronic Exchange of Social
Security Information pursuant to Article SSCI.71(4) of the Protocol on Social Security Coordination.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at …,
For the Specialised Committee on Social Security
Coordination
The Co-chairs