De Commissie vraagt Cyprus om onderscheid tegen communautaire zeevaarders te beëindigen (en)
The European Commission i has asked the Republic of Cyprus to abolish the requirement for Community seafarers working on Cypriot boats to be residents of Cyprus in order to join its social security scheme. It considers that this condition infringes EU i law on the coordination of social security systems. Its request takes the form of a "reasoned opinion", which is part of the European Union's infringement procedures. Failing a satisfactory response within two months, the Commission may decide to bring Cyprus before the European Court of Justice i.
According to Cypriot law, only seafarers residing in Cyprus may join the Cypriot social security system. On the other hand, Community seafarers working on a vessel flying the flag of Cyprus but whose place of residence is still in another Member State are not eligible to join the Cypriot social security system. They are automatically excluded from it.
According to EU law on the coordination of social security systems, persons working on a vessel flying the flag of a Member State are subject to the social security legislation of that Member State, even if it is not their country of residence.
The residence requirement is contrary to European law due to its indirect discriminatory effect: residence in Cyprus as a condition for entitlement to Cypriot social security is more easily met by Cypriot than by Community seafarers.
The Commission has decided to send a reasoned opinion to the Cypriot authorities indicating that Cypriot legislation infringes Community law, and asking them to take the necessary measures to comply with European regulations within two months. Failing a satisfactory response, the Commission may decide to bring Cyprus before the European Court of Justice.
Next stages
For more information on the three stages of the infringement procedure, see MEMO/10/457.
For more information
Coordination of social security
http://ec.europa.eu/social/main.jsp?langId=en&catId=849
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