Date: 2023-03-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2023 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 10 March 2023 as regards the use of the Electronic Exchange of Social Security Information for the transmission of data between institutions or liaison bodies [2023/698]
Executive Summary:
This decision, adopted on March 10, 2023, by the Specialised Committee on Social Security Coordination, approves the transmission of data between Member States and the United Kingdom via the Electronic Exchange of Social Security Information (EESSI). This aims to ensure a more rapid, accurate, and secure exchange of social security information under the Protocol on Social Security Coordination of the Trade and Cooperation Agreement. The decision allows for data transmission via EESSI while stipulating the UK bears the related costs.
Key Points / Main Content:
* **Data Transmission via EESSI:**
* Data transmission between institutions or liaison bodies of Member States and the UK will be carried out via EESSI.
* Exceptions are allowed for objectively justified situations.
* Forms and documents exchanged via EESSI must respect applicable rules.
* **Financial Responsibility:**
* The United Kingdom is responsible for the costs arising from its participation in EESSI, as per Article SSCI.714 of the Protocol on Social Security Coordination.
* **Effective Date:**
* This decision came into force on March 10, 2023.
Impact Analysis:
**Member States:**
* Impact: Member states will exchange data with the UK via EESSI, ensuring efficient and secure transfer of information.
* Action Required: Ensure EESSI is used for data transmission with the UK, except in objectively justified situations.
**United Kingdom:**
* Impact: The UK will participate in the EESSI for data exchange with Member States.
* Action Required: Use EESSI for data transmission with Member States and bear the associated costs.
**Social Security Institutions:**
* Impact: Institutions will exchange social security information more rapidly, accurately, and securely.
* Action Required: Utilize EESSI for data transmission and adhere to relevant EESSI rules.
**Persons Moving Between the EU and the UK:**
* Impact: Individuals will benefit from a more efficient and secure exchange of social security information, potentially streamlining processes related to their social security entitlements.
* Action Required: No direct action is required from individuals, but they may experience improved efficiency in social security-related processes.
Key Entities Referenced
European Union: One of the parties in the Trade and Cooperation Agreement.
European Atomic Energy Community: One of the parties in the Trade and Cooperation Agreement.
United Kingdom of Great Britain and Northern Ireland: One of the parties in the Trade and Cooperation Agreement.
Trade and Cooperation Agreement: An agreement between the European Union, the European Atomic Energy Community and the United Kingdom of Great Britain and Northern Ireland.
Specialised Committee on Social Security Coordination: A committee established by Article 81P of the Trade and Cooperation Agreement, responsible for social security coordination.
Electronic Exchange of Social Security Information: A system for the transmission of data between institutions or liaison bodies for social security information.
Protocol on Social Security Coordination: A protocol to the Trade and Cooperation Agreement detailing social security coordination.
Brussels: One of the locations where the decision was made.
29.3.2023 EN Official Journal of the European Union L 91/89
DECISION No 1/2023 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 10 March 2023
as regards the use of the Electronic Exchange of Social Security Information for the transmission of
data between institutions or liaison bodies [2023/698]
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.
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.
(1) OJ L 149, 30.4.2021, p. 10.
(2) OJ L 29, 31.1.2020, p. 7.L 91/90 EN Official Journal of the European Union 29.3.2023
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels and London, 10 March 2023.
For the Specialised Committee on Social Security
Coordination
The Co-chairs
Jordi CURELL GOTOR
Ronan O’CONNOR