On 30 October 2009, the implementing regulation of Regulation (EC) No. 883/2004, that will replace Regulation (EEC) No. 1408/71, was published in the Official Journal of the European Union.
Regulation (EC) No. 883/2004 provides a series of rules to determine which social security regime is applicable in the event of cross-border employment. The basic principle is that a worker is subject to the social security regime of one Member State, namely the country of employment. Secondment and simultaneous employment are two exceptions to the rule.
Due to the publication of the implementing regulation, we are now certain that the new regulations will enter into force on 1 May 2010.
Originally there was talk of an entry into force on 1 March 2010. However, as the signature of the implementing regulation was delayed until 16 September 2009, the date of entry into force was delayed as well. It should be taken into consideration that Regulation (EC) No. 883/2004 foresees a 10 year transitional period, during which any existing situation can continue to fall under the current rules, as long as the situation is not modified and as far as the employee does not expressly request the application of Regulation (EC) No. 883/2004.