Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 23 Nov 2018
on the proposal for a regulation 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
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
The changes · 12
Change 1
Added:2. Takes note of the statements by the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;
Change 2
Removed:Citation 4 a (new): Having regard to the opinion of the Committee of the Regions 1a, / 1a OJ C 342, 12.10.17, p. 65.
Added:P10_TC1-COD(2016)0397
Change 3
Changed:Recital 1:Position (1)of Athe modernisedEuropean systemParliament ofadopted socialat securityfirst coordinationreading startedon to7 applyJuly from2026 1with Maya 2010view withto Regulationsthe (EC)adoption Noof 883/2004Regulation and(EU) (EC)2026/… Noof 987/2009,the withEuropean theParliament exceptionand of the provisions onCouncil theamending introductionRegulation of(EC) theNo Electronic883/2004 Exchangeon ofthe Socialcoordination Securityof Informationsocial (EESSI)security system,systems intendedand toRegulation help(EC) theNo competent987/2009 authoritieslaying anddown institutionsthe exchangeprocedure informationfor moreimplementing rapidlyRegulation and(EC) moreNo securely.883/2004
Change 4
Removed:Recital 3: (3) It has emerged from evaluations and discussions within the Administrative Commission for the Coordination of Social Security Systems that in the areas of long-term care benefits, unemployment benefits and family benefits the modernisation process should continue in order to make the rules relating to those benefits fairer, clearer and easier to apply by means of exchanges of experience and best administrative practices. To facilitate such exchanges, the use of new technologies should be promoted.
Removed:Recital 3 a (new): (3 a) The definitions of, and criteria for, determining disability and invalidity differ widely across the Member States, which can constitute a major obstacle to the mutual recognition of national decisions on disability and invalidity issues, in particular as regards access to specific services and facilities, and can put people with a disability or invalidity at a particular disadvantage in the field of social security when moving from one Member State to another. It is therefore necessary, with a view to facilitating the travel and movement of persons with a disability or invalidity from one Member State to another, to ensure the adoption of a common European definition in line with the UN Convention on the Rights of Persons with Disabilities (CRPD) and a mutual recognition of disability status between Member States, in particular through the swift implementation of the European Disability Card (EDC) in all Member States which will be connected to the European Health Insurance Card (EHIC) and the European Social Security Card (ESSC).
Added:THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Removed:Recital 3 b (new): (3b) In order to ensure the effective implementation and enforcement of the CRPD, and guarantee the portability of disability benefits, the adoption of common definition, criteria and methods for evaluating disability (the percentage of disability) for the purpose of social security coordination should be promoted.
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Added:Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48 thereof,
Removed:Recital 3 c (new): (3 c) It is important to respect the common values and principles of the Union’s health systems as referred to in the Council Conclusions of 22 June 2006 on Common values and principles in European Union Health Systems1a, in particular the overarching values of universality, access to good quality care, equity and solidarity. This is particularly significant for categories of citizens who are neither employed nor looking for work, such as students, whose mobility should be preserved by means of appropriate access to social security benefits, including health insurance, in the host Member State. As stated by the Council, “universality means that no-one is barred from having access to health care; solidarity is closely linked to the financial arrangement of [the]national health systems and the need to ensure accessibility to all; equity relates to equal access according to need, regardless of ethnicity, gender, age, social status or ability to pay”. / 1a OJ C 146, 22.6.2006, p. 1.
Added:Having regard to the proposal from the European Commission,
Removed:Recital 4: (4) It remains essential that the coordination rules keep pace with the evolving legal and societal context in which they operate by further facilitating the exercise of citizens’ rights while at the same time ensuring legal certainty, a fair and equitable distribution of the financial burden among the institutions of the Member States involved and administrative simplicity and enforceability of the rules. In that context, Council Directive 2000/78/EC1a and the CRPD, in particular Article 27 thereof, should be duly taken into account. This Regulation is central to the proper functioning of the internal market and the free movement of persons. In that regard, social security coordination should be designed to fit all kinds of social security systems in the Member States. / 1a Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
Added:After transmission of the draft legislative act to the national Parliaments,
Removed:Recital 4 a (new): (4a) The Commission and the Member States should therefore provide transparent, public data, compiled via dedicated, in-depth studies, to enable a rational and effective debate to take place at national and Union level on the actual volume and effective economic and social impact of possible cases of fraud or abuse of national social security systems, as well as on how to strengthen coordination arrangements with a view to increasing confidence in the various public employment services when promoting, or systematically monitoring, the integration of mobile unemployed persons into the labour market.
Added:Having regard to the opinion of the European Economic and Social Committee,
Removed:Recital 4 b (new): (4b) Freedom of movement is a cornerstone of the internal market. However, the internal market cannot function in the absence of mutual trust. In order to safeguard the benefits of mobility, the Union must fight abuse, fraud and unfair competition.
Added:Having regard to the opinion of the Committee of the Regions,
Removed:Recital 4 c (new): (4c) In its resolution of 15 March 2017 on obstacles to EU citizens’ freedom to move and work in the internal market, the European Parliament stressed the need “to ensure the portability of social security benefits (e.g. state pensions, health insurance, unemployment benefits and family benefits) and consequently reduce barriers to labour mobility in the Union” and called for “ resolute effective steps towards a coordinated system of aggregated social contributions and benefits for each individual across the Union, such as a social security card to facilitate the tractability of social security contributions and entitlements”.
Added:Acting in accordance with the ordinary legislative procedure,
Removed:Recital 4 d (new): (4d) Measures to facilitate the identification and upholding of social security rights and benefits across the Union should be promoted, such as the adoption of a ESSC, which should be associated with the existing EHIC and the EDC and which should cover all social security areas.
Added:Whereas:
Removed:Recital 4 e (new): (4e) In order to improve the mobility of workers, students and job seekers across the Union, it is essential that Member States guarantee access to the EHIC to all people, including temporary workers, self-employed persons and those in atypical employment relationships, as well as students and mobile jobseekers, without discrimination.
Added:(1) A modernised system of social security coordination started to apply from 1 May 2010, on the basis of Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council.
Removed:Recital 4 f (new): (4f) Cross-border healthcare is of particular relevance to guarantee an equitable coordination of social security systems. In that regard, the implementation of Directive 2011/24/EU of the European Parliament and of the Council1a varies greatly across the Member States. In particular, Article 7 of that Directive should be implemented without discrimination to ensure the freedom of movement for Union citizens and their families. / 1a Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).
Added:(2) Regulations (EC) No 883/2004 and (EC) No 987/2009 were amended by Regulation (EU) No 465/2012 of the European Parliament and of the Council, in particular in the field of the determination of the applicable legislation and unemployment benefits, and to make technical adaptations to the references to national legislation in the Annexes to Regulation (EC) No 883/2004.
Removed:Recital 5: deleted / (deleted)
Added:(3) It has emerged from evaluations and discussions within the Administrative Commission for the Coordination of Social Security Systems (the ‘Administrative Commission’) that in the areas of long-term care benefits, unemployment benefits and family benefits, the modernisation process should continue in order to make the rules relating to those benefits fairer, clearer and easier to apply, by means of exchanges of experience and exchanges of best administrative practices. To facilitate such exchanges, the use of new technologies should also be promoted.
Removed:Recital 6: (6) Long-term care benefits have so far not been included explicitly within the material scope of Regulation (EC) No 883/2004 but coordinated as sickness benefits. There is a need to include a clear definition of such benefits concerning long-term care and to update the rules to take into account their specificities. It is important to clarify that both economically inactive people and economically active people can have long-term care needs. The purpose of long-term care benefits is to assist people to carry out their daily activities in order to support their personal autonomy, including at the place of work.
Added:(4) It remains essential that the coordination rules keep pace with the evolving legal and societal context in which they operate, by further facilitating the exercise of citizens' rights while ensuring legal clarity, a fair and equitable distribution of the financial burden among the institutions of the Member States involved, administrative simplicity and enforceability of the rules.
Removed:Recital 6 a (new): (6a) On 13 September 2017, the President of the Commission said in his State of the Union speech that “in a Union of equals, there can be no second-class workers” and that it was “absurd to have a Banking Authority to police banking standards, but no common Labour Authority for ensuring fairness in [the] single market”. In its resolution of 14 September 2016 on social dumping in the European Union, the European Parliament encouraged the Member States “to create, where applicable, ad hoc bilateral task forces and, where needed, a multilateral task force including national competent authorities and labour inspectors, to carry out, subject to the approval of all the Member States concerned, on-the-spot cross-border checks, in accordance with the national law of the Member States in which the controls take place, in suspected cases of social dumping, work under illegal conditions or fraud, and to identify ‘letterbox companies’, fraudulent recruitment agencies and abuses of the rules that result in exploitation of workers”.
Added:▌
Removed:Recital 6 b (new): (6b) Regulation (EC) No 883/2004 establishes a generally acceptable legal framework. Member States have a moral obligation to seek to reduce, by means of bilateral agreements, any administrative burden experienced by the public. Measures should be taken to set up national institutions responsible for verifying contributions relating to cross-border activities in the relevant Member State, while at the same time ensuring compliance with Union law. Efforts should also be made to develop an electronic information exchange tool for verification purposes, giving national labour inspectorates rapid access to requisite data. This Regulation should, accordingly, remain closely in step with Directive 96/71/EC of the European Parliament and of the Council1a. / 1a Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Added:(5) Long-term care benefits have so far not been included explicitly within the material scope of Regulation (EC) No 883/2004 but have, in principle, been coordinated in line with the rules applicable to sickness benefits, leading to legal uncertainty both for institutions and persons claiming long-term care benefits. There is a need to develop a stable legal framework appropriate to long-term care benefits within that Regulation, continuing coordination as sickness benefits as a general rule and including a clear definition and a list of such benefits.
Removed:Recital 6 c (new): (6c) Technological developments offer new opportunities for coordination, exchange of information and enforcement. Along the lines of the Belgian ‘Crossroads Bank for Social Security’1a a system of electronic networking of all relevant social security authorities could improve mutual relationships, transparency and accountability. / 1a http://www.ksz.fgov.be/en/international/page/content/websites/international/aboutcbss.html
Added:▌
Removed:Recital 6 d (new): (6d) In its resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe, the European Parliament pointed out that “a system of electronic networking of all relevant social security authorities, along the lines of the Belgian ‘Crossroads Bank for Social Security’, making it easier for them to exchange data, is a useful tool for giving national labour inspectorates access to data they need in order to make inspections” and called on the Commission “to investigate the benefits of introducing, and – if appropriate – to make available, a forgery-proof European social security card or other EU-wide electronic document, on which could be stored all the data needed to verify the bearer’s employment relationship, such as details on his or her social security status and working hours, and which would be subject to strict data-protection rules, particularly where privacy-sensitive personal data is processed”.
Added:(6) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. ▌
Removed:Recital 6 e (new): (6e) In order to optimise the free movement of persons, it is necessary to take a closer look at the connection between coordination in this area and the coordination of tax systems, taking full account of their individual features and respecting the principle of subsidiarity.
Added:(7) In order to ensure a real link between the unemployed person and the labour market of the Member State providing unemployment benefits, the rules on the aggregation of periods for the purpose of conferring an entitlement to unemployment benefits should, with the exception of wholly unemployed cross-border workers as referred to in Article 65(2), (3) and (5) of Regulation (EC) No 883/2004, be subject to the condition that the insured person has most recently completed an uninterrupted period of at least one month of insurance, employment or self-employment in that Member State, and has thereby contributed to the financing of the unemployment benefit scheme of that Member State over a predefined period. Where no such period has been completed in the Member State of most recent insurance, employment or self-employment, the previous Member State in which that person completed a period of insurance, employment or self-employment should become competent, provided that the person completed an uninterrupted period of at least one month in that Member State. Registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State in which the unemployed person had been previously insured. Where the person did not complete the required period in either of those Member States, the Member State of most recent insurance, employment or self-employment should become competent.
Removed:Recital 6 f (new): (6f) In its resolution of 15 March 2017 on obstacles to EU citizens’ freedom to move and work in the internal market, the European Parliament called for “resolute effective steps towards a coordinated system of aggregated social contributions and benefits for every individual across the EU, such as a social security card aimed at facilitating the traceability of social security contributions and entitlements”.
Added:(8) ▌In order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders, Member States should be able to decide to exercise the possibility to extend the period of export of unemployment benefits until the end of the person's entitlement to benefits.
Removed:Recital 6 g (new): (6g) Where, owing to a mismatch between social security systems, a group of persons working in a Member State other than their Member State of residence are, as a result of the provisions of Articles 45 to 48 TFEU, placed at a disadvantage in comparison with those who have not availed themselves of freedom of movement for workers, in so far as they are, for a certain period, given a significantly lower level of protection than citizens of the Member State of residence, and where the matter cannot be resolved under the coordination rules, the Member State of residence of those citizens and their families should, in agreement with the Member States concerned, find a way of remedying those disadvantages.
Added:(9) Unemployed persons who during their most recent activity resided in a Member State other than the competent Member State and who continue to reside in that other Member State or return there should receive benefits in accordance with the legislation of the competent Member State, provided that they have, in the Member State of their most recent activity, completed uninterrupted periods of insurance, employment or self-employment of at least 22 weeks (‘affiliation period’). Only uninterrupted periods of insurance, employment or self-employment completed under the legislation of the competent Member State should be taken into account for the purpose of calculating the affiliation period. Subject to completion of the affiliation period, it is for the competent Member State to assess whether the person meets the conditions for entitlement to unemployment benefits laid down in its national legislation, as if the person were residing in that Member State. The person should comply with the obligations laid down in the applicable legislation of the competent Member State. If the person decides to make him or herself available to the employment services of another Member State in order to seek work there, he or she should comply with the conditions laid down in the legislation of, and be subject to the control procedure organised in, that other Member State. The institution in the Member State to which the unemployed person has gone should provide the competent Member State, on a monthly basis, with relevant information concerning the follow-up to the unemployed person’s situation, in particular whether he or she is still registered with the employment services and is complying with organised checking, and activation or job placement procedures.
Removed:Recital 7: (7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services34. Regulations (EC) No 883/2004 and (EC) No 987/2009 should refer to workers in a posting situation, including those falling within the scope of Directive 96/71/EC, as “sent” rather than “posted”. In addition, to achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily sent to another Member State should apply consistently to both employed and self-employed persons.
Added:(10) Within the framework of the implementation of Regulations (EC) No 883/2004 and (EC) No 987/2009, and in accordance with the duty of mutual information and cooperation, Member States’ institutions should, inter alia, exchange data necessary to detect changes in circumstances relevant for the rights and obligations of the persons concerned under Regulation (EC) No 883/2004. Member States could decide to make further use of electronic means to enhance the fulfilment of the duty of mutual information and cooperation.
Removed:Recital 8: (8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least one day of insurance in that Member State.
Added:(11) The labour market in Luxembourg is characterised by a number of specific features. Frontier workers make up a very significant proportion of the total working population in Luxembourg, which greatly exceeds the proportion of frontier workers in the working population of other Member States. The introduction of the new rules relating to frontier and cross-border workers is expected to place a very high administrative burden on the Luxembourg public employment authority, due to a significant increase in the number of frontier workers for whom it would become the competent institution. It is therefore appropriate to grant Luxembourg an additional phasing-in period, during which Articles 65 and 86 of Regulation (EC) No 883/2004 and Articles 56 and 70 of, and Annex 5 to, Regulation (EC) No 987/2009, in the version in force before … [date of entry into force of the amending Regulation], continue to apply, in order to allow the time required to take all necessary preparatory steps for a smooth transition from the current regulatory framework to the new rules and to adjust the social security system. During that phasing-in period, Article 56a of Regulation (EC) No 987/2009, which is introduced by this Regulation, should not apply to Luxembourg.
Removed:Recital 9: (9) Following the recommendations in the EU Citizenship Report 201335, there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to promote mobility and improve the opportunities for unemployed persons moving to another Member State to look for work and their chances to retrain and for reintegration into the labour market and to address skills mismatches across borders.
Added:(12) In light of the judgment of the Court of Justice of the European Union in Case C-347/12, Wiering, for the purpose of the calculation of the differential supplement, there are two categories of family benefits of the same kind, namely, family benefits in cash that are primarily intended to replace income that is not earned due to child-raising periods, and all other family benefits ▌.
Removed:Recital 10: (10) There is a need to ensure greater parity of treatment for frontier and cross-border workers by giving them the choice between receiving unemployment benefits from the Member State of last activity or from their Member State of residence, in order to enhance the probability of their finding employment in the Member State where their chances of doing so are the highest.
Added:(13) Family benefits in cash that are primarily intended to replace income not earned, in whole or in part, or income that the person cannot earn due to child-raising periods are designed to meet the individual or personal needs of the parent subject to the legislation of the competent Member State and are therefore distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than to solely meet general family expenses.
Removed:Recital 10 a (new): (10a) It is also important to strengthen cooperation between national competent authorities and to clarify the regulatory framework applicable in order to ensure that the Member State of last activity, the Member States of previous activities and the Member State of residence do not each declare themselves not to be competent to pay benefits, to the detriment of insured persons. Communication between the competent authority of the Member State of last activity and the job seeker should be conducted in the job seeker’s language. It is also necessary that cross-border job seekers also have the possibility to make themselves available to a cross-border employment service, providing that such a service exists in the geographic area corresponding to the area of their job research.
Added:(14) In order to enable timely amendments to ▌ Regulations (EC) No 883/2004 and (EC) No 987/2009 to incorporate developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes to ▌ Regulation (EC) No 883/2004 and to Regulation(EC) No 987/2009. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Removed:Recital 10 b (new): (10b) While coordination rules cannot prevent mobile citizens from having a lower level of protection than non-mobile citizens, Member States are encouraged to find bilateral solutions in accordance with Article 16 of Regulation (EC) No 883/2004 as amended by this Regulation.
Added:(15) With a view to supporting Member States in their efforts to combat fraud and error in the application of the coordination rules, it is necessary to establish a further legal basis for the processing of the personal data of persons to whom Regulations (EC) No 883/2004 and (EC) No 987/2009 apply, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council. This would enable a Member State to ▌ compare data held by its competent institutions against those held by another Member State, in order to identify errors or inconsistencies that require further investigation.
Removed:Recital 10 c (new): (10c) Member States should be able to provide for the introduction of differential supplements to bridge the gap between unemployment benefits paid by the Member State of last activity and the Member State of residence.
Added:(16) With a view to expediting the procedure for the verification and withdrawal of documents in cases of fraud or error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. Where there is doubt about the validity of a document or about the correctness of supporting evidence ▌ , it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time.
Removed:Recital 10 d (new): (10d) It is necessary to develop cross-border placement services in order to support applicants in their search for new employment that are as close as possible to the realities of border areas.
Added:(17) There should be a detailed procedure for cooperation in the case of doubt as to the validity of documents concerning the social security legislation applicable to the holder of those documents. It is also necessary to lay down further rules on retroactivity where a document is withdrawn or rectified. This includes situations in which the Member States concerned should consider concluding an agreement on the basis of Article 16 of Regulation (EC) No 883/2004 for part or all of the periods covered by the document.
Removed:Recital 11: (11) Family benefits in cash which are primarily intended to replace or grant additional, income that is not earned, whether in part of in full, or that the person cannot earn, due to child-raising are designed to meet the individual and personal needs of the parent subject to the legislation of the competent Member State and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses.
Added:(18) To ensure the effective and efficient operation of the coordination rules, it is necessary to clarify the rules for determining the legislation applicable to employees who pursue their economic activity in two or more Member States, in order to provide a greater parity with the conditions that apply to persons who are ▌ sent to pursue an economic activity in a single Member State. ▌
Removed:Recital 11 a (new): (11a) There is a need to ensure that the competent authorities determine habitual residence for the purpose of establishing social security benefits within a reasonable time-limit.
Added:(19) The link with the social security system of the Member State of origin of employed persons sent to another Member State should be reinforced by providing for a minimum period of prior affiliation.
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Changed:Recital(20) 12:Implementing (12)powers Inshould be conferred on the Commission in order to enableensure timelyuniform updatesconditions for the implementation of thisArticles Regulation12 inand line13 withof developmentsRegulation at(EC) theNo national883/2004 level,and of the Annexesrules toon thisrecovery Regulationprovided andfor toin Regulation (EC) No 987/2009987/2009. Those powers should be amendedexercised periodically.in /accordance (deleted)with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
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Removed:Recital 13: (13) With a view to supporting Member States in their efforts to combat fraud and error in the application of the coordination rules, it is necessary to facilitate the processing of personal data about persons to whom Regulations (EC) No 883/2004 and (EC) No 987/2009 apply, while complying fully, without exception, with the Union acquis on the protection of personal data, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council1a. This would enable a Member State to periodically compare data held by its competent institutions against that held by another Member State in order to identify errors or inconsistencies that require further investigation. / 1a Regulation (EU) 679/2016 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L119, 4.5.2016, p. 1).
Added:(21) If a Member State is unable to notify the annual average cost per person in each age group for a reference year within the required deadline, the Member State should be able to submit claims for that year based on the annual average costs for the immediately preceding year published in the Official Journal of the European Union. The reimbursement of the expenditure on benefits in kind on the basis of fixed amounts should be as close as possible to the actual expenditure. A derogation from the notification obligation should be subject to the authorisation of the Administrative Commission and should not be granted in two consecutive years.
Removed:Recital 16: (16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are sent to pursue economic activity in a single Member State. Moreover, the rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin.
Added:(22) ▌The offsetting procedure that applies in situations where the legislation of a Member State was applied provisionally in accordance with Article 6 of Regulation (EC) No 987/2009 should be extended to cases where an institution was not competent to grant benefits or receive contributions. In addition, in that context, it is necessary to disapply divergent limitation provisions in national law to ensure that a retroactive settlement between the institutions is not impeded by any incompatible time-limits laid down in national legislation while at the same time establishing a uniform limitation period of three years, counting backwards from the commencement of the dialogue procedure referred to under Article 5(3) and (4) and Article 6(3) of that Regulation to ensure that the procedure for resolving disputes is not frustrated.
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Removed:Recital 16 a (new): (16a) In order to strengthen the link between the substantial activity of the undertaking and the legislation applicable to the person seconded by that undertaking to another Member State on a temporary basis, it is important to stress that the substantial activity must be characterised, inter alia, by a share of more than 25 % of the annual turnover in the Member State from which the person is seconded.
Added:(23) Effective recovery is a means of preventing and tackling fraud and abuse and ensuring the smooth functioning of social security schemes. The recovery procedures provided for in Chapter III of Title IV of Regulation (EC) No 987/2009 are based on the procedures and rules provided for in Council Directive 2008/55/EC ▌ . That Directive has been superseded by Council Directive 2010/24/EU, which introduced a uniform instrument to be used for enforcement measures as well as a standard form for the notification of instruments and measures relating to claims. In a review by the Administrative Commission, most Member States found it advantageous to use a uniform instrument for enforcement similar to that provided for by Directive 2010/24/EU. It is therefore necessary that the rules for mutual assistance in recovery of social security claims reflect the new measures in Directive 2010/24/EU, in order to ensure more effective recovery and a smooth functioning of the coordination rules.
Removed:Recital 17: (17) In order to supplement this Regulation by establishing a standard procedure for the determination of situations in which the documents are to be issued and those in which the document are to be withdrawn because the competent institution of the Member State of employment contests its accuracy or validity, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the implementation of Articles 12 and 13 of Regulation (EC) No 883/2004 as amended by this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. / 37 OJ L 123, 12.5.2016, p. 1.
Added:(24) To take account of legal changes in certain Member States and in the United Kingdom and to guarantee legal certainty for stakeholders, the Annexes to Regulation (EC) No 883/2004 and to Regulation(EC) No 987/2009 should be amended.
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Changed:Recital 21 a (new): (21a)(25) The European Data Protection Supervisor has beenwas consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 andof hasthe adoptedEuropean anParliament opinion1a.and /of 1a.the OJCouncil Cand 92,delivered 26.4.2007,an p.opinion 15.on 8 May 2017.
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Removed:Regulation (EC) No 883/2004
Added:(26) While a number of provisions of this Regulation can be applied immediately because they do not require implementation, it is appropriate to provide for a later date of application for certain provisions of this Regulation to allow Member States sufficient time for their implementation,
Removed:Article 1 – paragraph 1 – point 1, Recital 2 – second sentence: deleted / (deleted)
Added:HAVE ADOPTED THIS REGULATION:
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Removed:Regulation (EC) No 883/2004
Added:Article 1
Removed:Article 1 – paragraph 1 – point 2, Recital 5: (2) Recital 5 is replaced by the following: / “(5) It is necessary, within the framework of such coordination, to guarantee within the Union equality of treatment under the different national legislation for the persons concerned and to support citizens in the exercise of their Treaty rights to free movement, not least by ensuring clarity in terms of the Member State responsible for ensuring their access to, and coverage by, the relevant social security system.” / (deleted)
Added:Regulation (EC) No 883/2004 is amended as follows:
Removed:Recital (5) emphasises the obligation to ensure equality of treatment which is contained in Article 4 of Regulation 883/2004. It is not appropriate at this point in time to add limitations to this principle given that the case law in this area is still evolving. This suggested amendment also reflects the position of the Council (ST 13139/2017) that recital (5) of Regulation 883/2004 should not be amended. Moreover, there are circumstances in which the principle of equality of treatment applies without Directive 2004/38 also applying, for example as regards the exportability of benefits where a citizen is not residing in the competent Member State. All references to economically inactive citizen, social security benefits and Directive 2004/38 should therefore be deleted.
Added:(1) the following recital is inserted:
Removed:Regulation (EC) No 883/2004
Added:‘(2a) Articles 45 and 48 of the Treaty of the Functioning of the European Union (TFEU) ensure free movement of workers entailing the abolition of any discrimination based on nationality and provide for the adoption of the necessary measures in the field of social security to secure that freedom. In addition, under Article 21 TFEU, every Union citizen has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.’;
Removed:Article 1 – paragraph 1 – point 3, Recital 5a: deleted
Added:(2) recital 5 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘(5) It is necessary, within the framework of such coordination, to guarantee within the Union equality of treatment under the different national legislations for the persons concerned.
Removed:Article 1 – paragraph 1 – point 3, Recital 5b: (5b) Member States should ensure that economically inactive EU mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. This should at least entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage or otherwise to fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.
Added:(5a) In applying the principle of equal treatment provided for in this Regulation, the case-law of the Court of Justice is to be respected. The Court of Justice has interpreted that principle and the relationship between this Regulation and, inter alia, Directive 2004/38/EC, in its judgments in Cases C-140/12, Brey*, C-333/13, Dano**, C-67/14 Alimanovic***, C-299/14, Garcia-Nieto**** and C-308/14, Commission v the United Kingdom*****.
Removed:Comprehensive sickness insurance is a fundamental right. Inactive mobile citizens should have the possibility to obtain sickness insurance also in their Member State of residence. Member States should be able to rely on binding guidelines when making their sickness insurance system accessible for inactive mobile EU citizens.
Added:(5b) Member States should ensure that mobile, economically inactive Union citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. They should be allowed, in accordance with national law and practice, to contribute in a proportionate manner to a scheme for comprehensive sickness insurance cover if they are not otherwise able to fulfil the relevant criteria for access to comprehensive sickness insurance cover in the Member State in which they habitually reside.
Removed:Regulation (EC) No 883/2004
Added:_________
Removed:Article 1 – paragraph 1 – point 3, Recital 5c: deleted
Added:* Judgment of the Court of Justice of 19 September 2013, Brey, C-140/12, ECLI:EU:C:2013:565.
Removed:Regulation (EC) No 883/2004
Added:** Judgment of the Court of Justice of 8 November 2014, Dano, C-333/13, ECLI:EU:C:2014:2358.
Removed:Article 1 – paragraph 1 – point 4 a (new), Recital 20: 4a. Recital 20 is replaced by the following: / “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection.”
Added:*** Judgment of the Court of Justice of 15 September 2015, Alimanovic, C-67/14, ECLI:EU:C:2015:597.
Removed:Regulation (EC) No 883/2004
Added:**** Judgment of the Court of Justice of 25 February 2016, García-Nieto, C-299/14, CLI:EU:C:2016:114.
Removed:Article 1 – paragraph 1 – point 5, Recital 24: "(24) In accordance with the case-law of the Court of Justice of the European Union, long-term care benefits for insured persons and members of their families should, in principle, continue to be coordinated following the rules applicable to sickness benefits. However, those rules should take into account the specific nature of long-term care benefits. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash."
Added:***** Judgment of the Court of Justice of 14 June 2016, C-308/14, Commission v UK, ECLI:EU:C:2016:436.’;
Removed:Regulation (EC) No 883/2004
Added:(3) recital 18b is replaced by the following:
Removed:Article 1 – paragraph 1 – point 6, Recital 35a: "(35a) Family benefits in cash which are primarily intended to replace or grant additional income not earned, whether in part or in full, or income that the person cannot earn, due to child-raising, can be distinguished from other family benefits intended to meet family expenses. As such benefits could be considered to be individual rights which are personal to the parent subject to the legislation of the competent Member State, it should be possible to reserve them exclusively to the parent concerned. Such individual benefits should be listed in Part I of Annex XIII to this Regulation. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of members of the family should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and provided that the benefits concerned are listed in Part II of Annex XIII."
Added:“(18b) In Annex III, Subpart FTL to Commission Regulation (EU) No 965/2012* , the concept of ‘home base’ for flight crew and cabin crew members is defined as the location, assigned by the operator to the crew member, from where the crew member normally starts and ends a duty period or a series of duty periods and where, under normal circumstances, the operator is not responsible for the accommodation of the crew member concerned.
Removed:Regulation (EC) No 883/2004
Added:________
Removed:Article 1 – paragraph 1 – point 7, Recital 39a: “(39a) The relevant EU data protection acquis, in particular Regulation (EU) 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)42 applies fully and without exception to the processing of personal data affected by this Regulation.”
Added:* Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/965/oj).”;
Removed:Regulation (EC) No 883/2004
Added:(4) recital 24 is replaced by the following:
Removed:Article 1 – paragraph 1 – point 8, Recital 46: deleted / (deleted)
Added:‘(24) In line with the case-law of the Court of Justice, long-term care benefits for insured persons and members of their families should, in principle, continue to be coordinated in line with the rules applicable to sickness benefits. However, those rules should take into account the specific nature of long-term care benefits. It is also necessary to provide for specific provisions in the case of overlapping long-term care benefits in kind and in cash.
Removed:Regulation (EC) No 883/2004
Added:(24a) Long-term care benefits refer only to benefits which have the primary purpose of addressing the care needs of a person who, on account of an impairment due, for example, to old age, disability or illness, requires considerable assistance from others to carry out essential activities of daily living for an extended period of time. Moreover, long-term care benefits refer only to benefits which can be considered to be social security benefits within the meaning of this Regulation. In line with the case-law of the Court of Justice, for example in Case C-433/13, Commission v Slovak Republic*, social security benefits are benefits granted without any individual and discretionary assessment of the personal needs of the beneficiaries, on the basis of a legally defined position. Long-term care benefits should therefore be interpreted accordingly. In particular, long-term care benefits should not include social or medical assistance. Benefits granted on a discretionary basis, after an individual assessment of the claimant's personal needs, are not considered to be long-term care benefits for the purposes of this Regulation.
Removed:Article 1 – paragraph 1 – point 8, Recital 47: (47) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2), the respect for private and family life (Article 7), the protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the right to property (Article 17), the right to non-discrimination (Article 21), equality between men and women (Article 23), the rights of the child (Article 24), the rights of the elderly (Article 25), integration of persons with disabilities (Article 26), the right to family and professional life (Article 33); the right to social security and social assistance (Article 34), the right to health care (Article 35) and the right to freedom of movement and residence (Article 45), as well as the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, and has to be implemented in accordance with those rights and principles.
Added:_______
Removed:Regulation (EC) No 883/2004
Added:* Judgment of the Court of 16 September 2015, Commission v Slovak Republic, C-433/13, ECLI:EU:C:2015:602.’;
Removed:Article 1 – paragraph 1 – point 8, Recital 48 a (new): (48a) Nothing in this Regulation limits the independent rights and obligations recognised in the Council of Europe Social Charter, in particular the right to social security (Article 12), the right to social and medical assistance (Article 13), the right of migrant workers and their families to protection and assistance (Article 19), and the right to protection against poverty and social exclusion (Article 30). This Regulation should be implemented by the Member States concerned in accordance with those rights and obligations.
Added:(5) the following recitals are inserted:
Removed:Regulation (EC) No 883/2004
Added:‘(32a) It is for the Member States to decide whether to extend the period of six months provided for in Article 64(1), point (c), of this Regulation, in accordance with Union law, including the judgment of the Court of Justice in Case C-551/16, Klein Schiphorst*.
Removed:Article 1 – paragraph 1 – point 8, Recital 48 b (new): (48b) The new provisions on unemployment benefit for cross-border workers could in some cases worsen the conditions for their return to the labour market. It is essential, therefore, to enhance administrative cooperation between the competent authorities responsible for supporting cross-border workers and for the regulatory framework to facilitate, for example, the steps to be completed in the Member State of residence, by clarifying the competence of the public employment service responsible for providing support to them, and for exchanges between the competent institution of the Member State of last activity and the job seeker to be conducted in the language of the latter.
Added:(32b) Article 45 TFEU guarantees the freedom of movement for workers within the Union and prohibits any discrimination based on nationality between workers of the Member States as regards, inter alia, employment. Pursuant to Regulation (EU) No 492/2011 of the European Parliament and of the Council**, frontier workers, are also to enjoy such fundamental rights without discrimination. Article 5 of that Regulation provides that a national of a Member State who seeks employment in the territory of another Member State is to receive the same assistance there as that afforded by its employment offices to its own nationals seeking employment.
Removed:Regulation (EC) No 883/2004
Added:(32c) Decision 573/2014/EU of the European Parliament and of the Council*** establishes a Union-wide network of Public Employment Services (PES) aiming to encourage cooperation between Member States in the field of employment within the areas of PES responsibility, including by supporting increased voluntary geographical and occupational mobility on a fair basis to meet specific labour market needs.
Removed:Article 1 – paragraph 1 – point 8, Recital 48 c (new): (48c) Member States may provide for the introduction of differential supplements to bridge the gap between unemployment benefits paid by the Member State of last activity and the Member State of residence.
Added:________
Removed:Regulation (EC) No 883/2004
Added:* Judgment of the Court of 21 March 2018, J. Klein Schiphorst, C-551/16, ECLI:EU:C:2018:200.
Removed:Article 1 – paragraph 1 – point 8, Recital 48 d (new): (48d) Nothing in this Regulation limits the independent rights and obligations recognised in the Council of Europe Convention on Social and Medical Assistance in the Member States concerned.
Added:** Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1, ELI: http://data.europa.eu/eli/reg/2011/492/oj).
Removed:Regulation (EC) No 883/2004
Added:*** Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32, ELI: http://data.europa.eu/eli/dec/2014/573(2)/oj)’;
Removed:Article 1 – paragraph 1 – point 8, Recital 48 e (new): (48e) It is also important to strengthen cooperation between the competent authorities and to clarify the regulatory framework applicable in order to ensure that Member States – of last activity, of previous activity and/or of residence – do not declare themselves not to be competent to pay unemployment benefits, to the detriment of insured persons.
Added:(6) the following recitals are inserted:
Removed:Regulation (EC) No 883/2004
Added:‘(35a) For the purpose of calculating the differential supplement, this Regulation takes into account the judgment of the Court of Justice in Case C-347/12, Wiering*, while providing for necessary clarifications and simplifications. Taking into account the particular nature of the various family benefits of the Member States, two categories of family benefits should be distinguished on the basis of their main purpose, their objectives and the basis on which they are granted.
Removed:Article 1 – paragraph 1 – point 9 – point a, Article 1 – point c: deleted
Added:(35b) Family benefits in cash that are primarily intended to replace income not earned, in whole or in part, or income that the person cannot earn, due to child-raising, can be distinguished from other family benefits intended to meet family expenses. Because such benefits could be considered to be individual rights which are personal to the parent subject to the legislation of the competent Member State, it should be possible to reserve them exclusively to the parent concerned. Such individual benefits are listed in Annex XIII, Part I, to this Regulation. The Member State with secondary competence should be able not to apply the rules of priority in the case of overlapping rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of members of the family to such benefits. Where a Member State does not apply the priority rules, it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Annex XIII, Part II.
Removed:Regulation (EC) No 883/2004
Added:(35c) This Regulation takes account of Council Regulation No 4/2009** where relevant.
Removed:Article 1 – paragraph 1 – point 9 – point a a (new), Article 1 – point c: (aa) Point (c) is replaced by the following: / “(c) ‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits, for at least one of the risks covered by the Chapter which is to be applied, taking into account the provisions of this Regulation.”
Added:________
Removed:Regulation (EC) No 883/2004
Added:* Judgment of the Court of Justice of 13 June 2014, Wiering, C-347/12, ECLI:EU:C:2014:300.
Removed:Article 1 – paragraph 1 – point 9 – point b, Article 1 – point i – point 1 – point ii: deleted
Added:** Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/4(1)/oj).’;
Removed:Regulation (EC) No 883/2004
Added:(7) the following recital is inserted:
Removed:Article 1 – paragraph 1 – point 9 – point b a (new), Article 1 – point i – point 1 – point ii: (ba) In point (i)(1), point (ii) is replaced by the following: / (ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits, any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;
Added:"(39a) The relevant Union data protection acquis, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council*, applies to the processing of personal data pursuant to this Regulation.
Removed:Regulation (EC) No 883/2004
Added:________
Removed:Article 1 – paragraph 1 – point 9 – point c, Article 1 – point va – point i: deleted
Added:* Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).";
Removed:Regulation (EC) No 883/2004
Added:(8) the following recitals are inserted:
Removed:Article 1 – paragraph 1 – point 9 – point c a (new), Article 1 – point va – point i: (ca) In point (va), point (i) is replaced by the following: / (i) for the purposes of Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits), benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care. This also includes long-term care benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of long-term care.
Added:‘(40a) In accordance with the principles laid down in Article 6 of Regulation (EU) 2018/1724 of the European Parliament and of the Council*, Member States are to ensure that employers or the persons concerned can, subject to the establishment of the relevant procedures, access and complete a request for the determination of applicable social security legislation fully online. A fully online procedure includes an automatic acknowledgement of receipt, unless the output of the procedure is delivered immediately. The procedure should be user friendly. This Regulation requires Member States to progressively enhance their use of new technologies for the exchange of, access to and processing of the data required to apply the social security coordination rules. Those rules include the procedures referred to in Articles 15, 16 and 19 of Regulation (EC) No 987/2009.
Removed:Regulation (EC) No 883/2004
Added:(40b) In light of the objective of the social security coordination legislation in the Union, while Member States have a responsibility to uphold obligations arising from Union law in the areas covered by this Regulation and by Regulation (EC) No 987/2009, potential measures against infringements of those obligations should not impede the exercise of free movement within the Union. In particular, measures to address a failure to comply with the obligations specified in Article 15(1) of Regulation (EC) No 987/2009, which require the notification to the competent institution of the Member State whose legislation is applicable before the start of an activity in another Member State and the request for the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009, are not to result in unjustified and disproportionate restrictions of the exercise of free movement by the persons concerned. Failure to comply with those obligations does not automatically result in a change of the applicable national legislation, which should be determined in accordance with Title II of this Regulation. Furthermore, those obligations should be interpreted and enforced consistently with the established case-law of the Court of Justice concerning the attestation on the applicable legislation, which is usually issued by means of a certificate known as Portable Document A1 (PDA1), and its predecessor, the E-101 certificate.
Removed:Article 1 – paragraph 1 – point 9 – point d, Article 1 – point vb: (vb) “long-term care benefit” means a benefit in kind or in cash the purpose of which is to address the care or support needs of a person who, on account of old age, disability, illness or impairment, requires assistance from another person or persons to carry out their essential activities of daily living for an extended period of time in order to support their personal autonomy, including in a workplace; this includes benefits granted for the same purpose to the person or persons providing such assistance;
Added:(40c) To ensure that social security coordination rules remain fit for purpose, it is important to take into account the technological progress and benefits of digitalisation, in particular in streamlining and simplifying the exchange of information between the competent institutions. Technological advances in social security coordination, such as a fully implemented and operational European Electronic Exchange of Social Security Information system, can contribute to simplifying the process and the compliance with Article 15 of Regulation (EC) No 987/2009. Digitalising the process of requesting and receiving social security attestations, including that regarding the applicable legislation, will be another important step towards a solution that enables the real-time verification of those attestations across borders, allowing for swift confirmation of their validity. The Commission and Member States are closely collaborating to advance the digitalisation of such interactions between individuals and public bodies, such as through the European Social Security Pass initiative. European Digital Identity Wallets, established by Regulation (EU) 2024/1183 of the European Parliament and of the Council**, have the potential to become a digital system facilitating user-friendly and secure identification and verification across borders.
Removed:Regulation (EC) No 883/2004
Added:(40d) Member States should continue investing in the digitalisation of their social security systems, as appropriate, inter alia with a view to ensuring a seamless digital experience for mobile citizens and businesses. To that end, they could use available Union funding instruments. Where applicable, such funding could be leveraged to support relevant reforms at national level that are necessary to promote the proper enforcement of this Regulation and of Regulation (EC) No 987/2009,and to combat fraud and error, including by improving data collection and reporting.
Removed:Article 1 – paragraph 1 – point 9 – point d, Article 1 – point vb a (new): (vba) ‘continuation of treatment’ means the continued investigation, diagnosis and treatment of an illness for its entire duration;
Added:(40e) The purpose of the European Labour Authority (ELA) is, inter alia, to assist Member States and the Commission in the effective application and enforcement of Union law related to labour mobility across the Union and the coordination of social security systems within the Union, thereby contributing within its mandate to ensuring fair labour mobility across the Union. Pursuant to Regulation (EU) 2019/1149 of the European Parliament and of the Council***, the ELA facilitates and enhances cooperation between Member States, including by facilitating concerted and joint inspections, which could also concern compliance with the notification obligation and the detection of abuses with regard to exemptions from that obligation, and by facilitating the cooperation and acceleration of the exchange of information between Member States. The ELA promotes the potential use of electronic exchange mechanisms and databases between the Member States, to facilitate access to data in real time and to detect fraud, and may suggest possible improvements in the use of those mechanisms and databases.
Removed:Regulation (EC) No 883/2004
Added:________
Removed:Article 1 – paragraph 1 – point 9 – point d, Article 1 – point vb b (new): (vbb) "continuation of long-term care" means the continued granting of long-term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date.”
Added:* Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1), ELI: http://data.europa.eu/eli/reg/2018/1724/oj).
Removed:Regulation (EC) No 883/2004
Added:** Regulation (EU) 2024/1183 of the European Parliament and of the Council of 11 April 2024 amending Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1183/oj).
Removed:Article 1 – paragraph 1 – point 9 a (new), Article 3 – paragraph 1 – point a: 9a. in Article 3(1), point (a) is replaced by the following: / (a) sickness and long-term care benefits;
Added:*** Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj).’;
Removed:Regulation (EC) No 883/2004
Added:(9) the following recital is added:
Removed:Article 1 – paragraph 1 – point 10, Article 3 – paragraph 1 – point ba: deleted / (deleted)
Added:‘(46) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and is to be implemented in accordance with those rights and principles,’;
Removed:Regulation (EC) No 883/2004
Added:(10) Article 1 is amended as follows:
Removed:Article 1 – paragraph 1 – point 11, Article 4: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)
Added:(a) in point (i)(1), point (ii) is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘(ii) with regard to benefits in kind pursuant to Title III, Chapter 1, any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he or she resides;’;
Removed:Article 1 – paragraph 1 – point 12 – point a, Article 11 – paragraph 2: deleted
Added:(b) in point (va), point (i) is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘(i) for the purposes of Title III, Chapter 1, with regard to sickness, maternity and equivalent paternity benefits, benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care;
Removed:Article 1 – paragraph 1 – point 12 – point a a (new), Article 11 – paragraph 2: (aa) Paragraph 2 is replaced by the following: / ‘2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalidity, old-age or survivors’ pensions, to pensions in respect of accidents at work or occupational diseases, to sickness benefits in cash covering treatment for an unlimited period, or to long-term care benefits in cash to which a person in need of care is entitled.’
Added:(ia) for the purposes of Title III, Chapter 1, with regard to long-term care benefits, benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of long-term care as referred to in point (vb) of this Article;’;
Removed:Regulation (EC) No 883/2004
Added:(c) the following point is inserted:
Removed:Article 1 – paragraph 1 – point 12 – point a b (new), Article 11 – paragraph 3 – point c: (ab) In paragraph 3, point (c) is replaced by the following: / “(c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence or of the Member State of his or her most recent activity as an employed or self-employed person shall be subject to the legislation of that Member State;”
Added:‘(vb) 'long-term care benefits' means benefits in kind or in cash, the purpose of which is to address the care needs of a person who, on account of ▌ an impairment, requires considerable assistance from another person or persons to carry out essential ▌ activities of daily living for an extended period of time in order to support his or her personal autonomy, including benefits granted ▌ for the same purpose to the person providing such assistance;’;
Removed:Regulation (EC) No 883/2004
Added:(11) in Article 3(1), point (a) is replaced by the following:
Removed:Article 1 – paragraph 1 – point 12 – point a c (new), Article 11 – paragraph 4: (ac) Paragraph 4 is replaced by the following: / ‘4. For the purposes of this Title, an activity as an employed or self-employed person normally pursued on board a vessel at sea flying the flag of a Member State shall be deemed to be an activity pursued in the said Member State. However, a person employed on board a vessel flying the flag of a Member State and remunerated for such activity by an employer whose registered office is in another Member State shall be subject to the legislation of the latter Member State if he resides in that State.’
Added:‘(a) sickness and long-term care benefits;’;
Removed:Regulation (EC) No 883/2004
Added:(12) in Article 9, paragraph 1 is replaced by the following:
Removed:Article 1 – paragraph 1 – point 12 – point b, Article 11 – paragraph 5: 5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued in the Member State where the home base, as defined in Annex III to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and the Council as amended by Commission Regulation (EU) No 83/2014/EU of 29 January 201445, is located."
Added:‘1. The Member States shall notify the Commission in writing of the declarations made in accordance with Article 1, point (l), the legislation and schemes referred to in Article 3, the conventions entered into as referred to in Article 8(2), the minimum benefits referred to in Article 58, as well as any substantive amendments thereto. Such notifications shall indicate the date from which this Regulation will apply to the schemes specified by the Member States.’;
Removed:Regulation (EC) No 883/2004
Added:(13) Article 11 is amended as follows:
Removed:Article 1 – paragraph 1 – point 13, Article 12: 1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that: / (a) the anticipated or actual duration of such work does not exceed 18 months; / (b) the person concerned is subject to the legislation of the Member State where the employer is established for a period of at least three months immediately preceding the start of the work as an employed person; / (c) the competent institution of the Member State where the employer is established has been notified about the sending and received at request prior to the commencement of the work for the continued application of its legislation, prior to the performance of the work. No such formal request need to be made where the work concerns a business trip. / 2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that: / (a) the anticipated or actual duration of such activity does not exceed 18 months, / (b) the person concerned has been subject to the legislation of the Member State in which he or she normally pursues the activity for a period of at least three months immediately pre…
Added:(a) paragraph 2 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing that activity. This shall not apply to invalidity, old-age or survivors' pensions, to pensions in respect of accidents at work or occupational diseases, or to long-term care benefits in cash provided to the person in need of care.’;
Removed:Article 1 – paragraph 1 – point 13 a (new), Article 13 – paragraph 1: 13a. in Article 13, paragraph 1 is replaced by the following: / “1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject to: / (a) the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State, / (b) the legislation of the Member State in which he/she performs the largest share of his/her work activities, if he/she does not reside in one of the Member States in which he/she pursues a substantial part of his/her activity as an employed person; or / (ba) the legislation of the Member State of residence if the share of activities is identical. / (deleted) / (deleted) / (deleted) / (deleted)
Added:(b) paragraph 5 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:"5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued ▌ in the Member State where the home base, as defined in Annex III, Subpart FTL, to Regulation (EU) No 965/2012 , is located.”;
Removed:Article 1 – paragraph 1 – point 14, Article 13 – paragraph 4a: deleted / (deleted)
Added:(14) Article 12 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘Article 12
Removed:Article 1 – paragraph 1 – point 14 a (new), Article 15 a (new): 14a. The following article is inserted: / ‘Article 15a / Reporters of European media organisations posted to another Member State / Reporters of European media organisations posted to another Member State may choose between application of the legislation of the Member State in which they are employed, of the Member State of which they are nationals or of the Member State in which their principal employer is based.’
Added:Special rules
Removed:Regulation (EC) No 883/2004
Added:1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is sent by that employer to another Member State to perform work on that employer's behalf, shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not replacing another employed person sent pursuant to this paragraph or a self-employed person as referred to in paragraph 2.
Removed:Article 1 – paragraph 1 – point 14 b (new), Title III – chapter 1 – title: 14b. in Title III, Chapter 1, the title is replaced by the following: / “Sickness, long-term care, maternity and equivalent paternity benefits”
Added:2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another employed person sent pursuant to paragraph 1 or a self-employed person as referred to in this paragraph.
Removed:Regulation (EC) No 883/2004
Added:3. Where an employed person as referred to in paragraph 1 or a self-employed person as referred to in paragraph 2 does not complete the work or activity in the other Member State and is replaced by another person, the other person shall continue to be subject to the legislation of the Member State from which he or she is sent or in which he or she normally pursues an activity as a self-employed person, provided that the total duration of work or activity by all persons concerned in the other Member State does not exceed 24 months and the other conditions laid down in paragraph 1 or 2 are fulfilled.";
Removed:Article 1 – paragraph 1 – point 14 c (new), Article 19: 14c. Article 19 is replaced by the following: / “Article 19 / 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his or her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation. / 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the benefit.”
Added:(15) in Article 13, paragraph 5 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:“4a. A person who is pursuing an employed or self-employed activity in one Member State while receiving unemployment benefits from another Member State shall be subject to the legislation of the Member State paying the unemployment benefits.
Removed:Article 1 – paragraph 1 – point 9 – point 14 d (new), Article 20 – title: 14d. In Article 20, the title is replaced by the following: / “Travel with the purpose of receiving benefits in kind — Authorisation to receive appropriate treatment and long-term care outside the Member State of residence”
Added:5. Persons referred to in paragraphs 1 to 4a shall be treated, for the purposes of the legislation determined in accordance with these provisions, as though they were pursuing all their activities as employed or self-employed persons and were receiving all their income in the Member State concerned.”;
Removed:Regulation (EC) No 883/2004
Added:(16) in Title III, the title of Chapter 1 is replaced by the following:
Removed:Article 1 – paragraph 1 – point 9 – point 14 e (new), Article 20 – paragraph 2: 14e. In Article 20, paragraph 2 is replaced by the following: / “2. An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving the treatment or long-term care appropriate to his or her condition shall receive the benefits in kind provided, on behalf of the competent institution, by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though he or she were insured under the said legislation. The authorisation shall be accorded where the treatment or long-term care in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he or she cannot be given such treatment within a time-limit which is medically justifiable, taking into account his or her current state of health and the probable course of his or her illness or within a reasonable time limit, taking into account his or her need, at the time, for long-term care and the probable development of that need.”
Added:‘Sickness, long-term care, maternity and equivalent paternity benefits’;
Removed:Regulation (EC) No 883/2004
Added:(17) in Article 19, paragraph 1 is replaced by the following:
Change 9
Changed:Article 1 – paragraph 1 – point 14 f (new), Article 25: 14f.‘1. ArticleUnless 25otherwise isprovided replacedfor bypursuant theto following:paragraph /2, Wherean theinsured person receiving a pension or pensions underand the legislationmembers of onehis or more Memberher Statesfamily residesstaying in a Member State under whoseother legislationthan the rightcompetent Member State shall be entitled to receivethe benefits in kind is notwhich subjectbecome tonecessary conditionson ofmedical insurance,grounds or ofdue activityto asthe anneed employedfor orlong-term self-employedcare person,during andtheir nostay, pensiontaking isinto receivedaccount fromthe thatnature Memberof State,the benefits and the costexpected length of benefitsthe instay. kindThose providedbenefits toshall him/herbe andprovided toon membersbehalf of his/her family shallthe becompetent borneinstitution by the Institution of oneinstitution of the Member States competent in respectState of his/her pensions determinedstay, in accordance with Article 24(2), to the extent that the pensioner and the membersprovisions of his/herthat familyMember wouldState’s belegislation, entitledas tothough benefitsthe ifperson theyconcerned residedwere ininsured thatunder Memberthat State.legislation.’;
Change 10
Removed:The “such” could be interpreted in a way that a Member State refuses to reimburse LTC benefits in kind because there is no entitlement to such LTC benefits in kind under the legislation of that Member State. It seems that this is not the intention of this article.
Added:(18) in Article 20, paragraph 1 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘1. Unless otherwise provided for by this Regulation, an insured person travelling to another Member State with the purpose of receiving, during the stay, benefits in kind as referred to in Article 1, point (va)(i), shall seek authorisation from the competent institution.’;
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Removed:Article 1 – paragraph 1 – point 14 g (new), Article 27 – title: 14g. In Article 27, the title is replaced by the following: / “Stay of the pensioner or the members of his family in a Member State other than the Member State in which they reside – Stay in the competent Member State –Authorisation for appropriate treatment or long-term care outside the Member State of residence”
Added:(19) Article 30 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘Article 30
Removed:Article 1 – paragraph 1 – point 14 h (new), Article 27 – paragraph 3: 14h. In Article 27, paragraph 3 is replaced by the following: / “3. Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his/her family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment or long-term care appropriate to their condition.”
Added:Contributions by pensioners
Removed:Regulation (EC) No 883/2004
Added:1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of that Member State.
Removed:Article 1 – paragraph 1 – point 14 i (new), Article 28 – paragraph 1 – subparagraph 1: 14i. in Article 28(1), the first subparagraph is replaced by the following: / “A frontier worker who has retired because of old-age or invalidity is entitled in the event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment or long-term care which began in that Member State.
Added:2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, those contributions shall not be payable by virtue of such residence.’;
Removed:Regulation (EC) No 883/2004
Added:(20) in Article 32, the following paragraph is added:
Removed:Article 1 – paragraph 1 – point 14 j (new), Article 28 – paragraph 2: 14j. In Article 28, paragraph 2 is replaced by the following: / “2. A pensioner who, in the ten years preceding the effective date of an old-age or invalidity pension has been pursuing an activity as an employed or self-employed person for at least two years as a frontier worker shall be entitled to benefits in kind in the Member State in which he/she pursued such an activity as a frontier worker, if this Member State and the Member State in which the competent institution responsible for the costs of the benefits in kind provided to the pensioner in his/her Member State of residence is situated have opted for this and are both listed in Annex V.”
Added:"3. Where a member of the family has a derivative right to benefits under the legislation of more than one Member State, the following priority rules shall apply:
Removed:Regulation (EC) No 883/2004
Added:(a) in the case of rights available on a different basis, the order of priority shall be as follows:
Removed:Article 1 – paragraph 1 – point 14 k (new), Article 28 – paragraph 3: 14k. In Article 28, paragraph 3 is replaced by the following: / “3. Paragraph 2 shall apply mutatis mutandis to the members of the family of a former frontier worker or his/her survivors if, during the periods referred to in paragraph 2, they were entitled to benefits in kind under Article 18(2), even if the frontier worker died before his/her pension commenced, provided he/she had been pursuing an activity as an employed or self-employed person as a frontier worker for at least two years in the ten years preceding his/her death.”
Added:(i) rights available on the basis of an activity as an employed or self-employed person of the insured person;
Removed:Regulation (EC) No 883/2004
Added:(ii) rights available on the basis of the receipt of a pension by the insured person;
Removed:Article 1 – paragraph 1 – point 14 l (new), Article 30: 14l. Article 30 is replaced by the following: / 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. / 2. Where in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence.
Added:(iii) rights available on the basis of the residence of the insured person;
Removed:Regulation (EC) No 883/2004
Added:(b) in the case of derivative rights available on the same basis, the order of priority shall be established by referring to the place of residence of the member of the family as a subsidiary criterion;
Removed:Article 1 – paragraph 1 – point 15, Article 32 – paragraph 3 – point a – point i: (i) rights available on the basis of an activity as an employed or self-employed person of the insured person, including rights existing in the application of Article 11(2) or (3)(c);
Added:(c) where it is impossible to establish the order of priority on the basis of point (a) or (b), the longest period of insurance of the insured person under a national pension scheme shall be applicable.";
Removed:The Proposal does not contain any provisions relating to circumstances in which a parent receives benefits relating to incapacity for work (or maternity benefit, paternity benefit), parental benefit or unemployment benefit. It is important to make clear that, in accordance with Article 11(2), persons receiving cash benefits because of or as a result of their activity as an employed or self-employed person are considered to be pursuing said employment or activity. If therefore a parent receives instance benefits relating to incapacity for work or unemployment benefit because of or as a result of their employment, the resulting derivative right is not to be treated differently than any resulting directly from the employment.
Added:(21) the following article is inserted:
Removed:Regulation (EC) No 883/2004
Added:‘Article 33a
Removed:Article 1 – paragraph 1 – point 15 a (new), Article 33 a (new): 15a. the following article is inserted: / “Article 33a / Long-term care benefits / “1. The Administrative Commission shall, after consulting the social partners, representative associations of beneficiaries and the professional bodies concerned, draw up a detailed list of long-term care benefits, specifying which benefits are in kind and which are in cash, and whether the benefit is provided to the person in need of care or to the person providing such care. / 2. Where a long-term care benefit falling under this Chapter also has the characteristics of benefits coordinated under another Chapter in Title III, Member States may, by way of derogation from paragraph 1, coordinate such benefits in accordance with the rules laid down in that other Chapter, specifying which Chapter applies, provided that: / (a) the outcome of such coordination is at least as favourable to the beneficiaries as it would have been had the benefit been coordinated as a long-term care benefit under this Chapter; and / (b) the long-term care benefit is listed in Annex XII.”
Added:Long-term care benefits
Removed:Regulation (EC) No 883/2004
Added:1. The Administrative Commission shall, after consulting the social partners, draw up a detailed list of long-term care benefits which meet the criteria laid down in Article 1, point (vb), indicating, in each case, whether they are benefits in kind or benefits in cash and whether they are provided to the person receiving care or to the carer.
Removed:Article 1 – paragraph 1 – point 16, Article 34: deleted
Added:2. Where long-term care benefits falling under this Chapter also have the characteristics of benefits coordinated under a different Chapter of Title III, a Member State may, by way of derogation from paragraph 1 of this Article, coordinate such benefits in accordance with the rules of that Chapter, provided that the overall outcome of such coordination is at least as favourable for the beneficiaries as if the benefits were coordinated as long-term care benefits under this Chapter and provided that they are listed in Annex XII, specifying which Chapter of Title III applies.
Removed:Regulation (EC) No 883/2004
Added:3. Article 34(1) and (2) of this Regulation shall also apply to benefits listed in Annex XII.’;
Removed:Article 1 – paragraph 1 – point 16 a (new), Article 34: 16a. Article 34 is replaced by the following: / “1. If a recipient of long-term care benefits in cash, which is provided under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of those benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. / 3. Two or more Member States, or their competent authorities, may agree on other or supplementary measures which shall not be less advantageous for the persons concerned than the principles laid down in paragraph 1.”
Added:(22) Article 34 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘Article 34
Removed:Article 1 – paragraph 1 – point 17, Chapter 1a: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)
Added:Overlapping of long-term care benefits
Removed:Regulation (EC) No 883/2004
Added:1. Where a person receiving long-term care benefits in cash from the competent Member State pursuant to Article 21 or 29 is also entitled, pursuant to this Chapter, to claim benefits in kind intended for the same purpose from the institution of the Member State of residence or stay, and those benefits in kind are subject to reimbursement by the institution of the competent Member State pursuant to Article 35, Article 10 shall apply. To that end, if the person concerned receives those benefits in kind, the amount of the benefits in cash granted by the competent Member State shall be reduced by the value of those benefits in kind.
Removed:Article 1 – paragraph 1 – point 19, Article 61: 1. Subject to paragraph 2, the competent institution of a Member State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the completion of either periods of insurance, employment or self-employment shall, to the extent necessary, take into account periods of insurance, employment or self-employment completed under the legislation of another Member State as though they had been completed under the legislation that it applies. For this aggregation only the periods which are taken into account under the legislation of the Member State in which they were completed for the purpose of acquiring and retaining the right to unemployment benefits shall be aggregated by the competent Member State. / 2. The application of paragraph 1 shall be conditional on the person concerned having completed, in accordance with the legislation under which the benefits are claimed: / (a) periods of insurance of at least one day, if that legislation requires periods of insurance; / (b) periods of employment of at least one day, if that legislation requires periods of employment; or / (c) periods of self-employment of at least one day, if that legislation requires periods of self-employment.
Added:2. Two or more Member States, or their competent authorities, may agree on other or supplementary measures which shall not be less advantageous for the persons concerned than the principles laid down in paragraph 1.
Removed:Regulation (EC) No 883/2004
Added:3. Where long-term care benefits in cash are provided for under the legislation of more than one Member State during the same period and for the same children, the priority rules in the event of overlapping laid down in Article 68(1) shall be applicable.’;
Removed:Article 1 – paragraph 1 – point 19 a (new), Article 62 – paragraph 1: 19a. In Article 62, paragraph 1 is replaced by the following: / 1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account the salary or professional income received by the person concerned in respect of his/her last activity or activities as an employed or self-employed person under the said legislation.
Added:(23) in Article 50, paragraph 2 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘2. If at a given moment the person concerned does not satisfy, or no longer satisfies, the conditions laid down by all the legislations of the Member States to which he or she has been subject, the institutions applying legislation the conditions of which have been satisfied shall not take into account, when performing the calculation in accordance with Article 52(1), point (b), the periods completed under the legislations the conditions of which have not been satisfied, or are no longer satisfied, where this gives rise to a lower amount of benefit.’;
Removed:Article 1 – paragraph 1 – point 20 – point a, Article 64 – paragraph 1 – point c: ‘(c) entitlement to benefits shall be retained for a period of six months from the date when the unemployed person ceased to be available to the employment services of the Member State which he/she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his/her entitlement to benefits under the legislation of that Member State; the competent services or institutions may extend the period of six months up to the end of the period of that person’s entitlement to benefits;’
Added:(24) the following article is inserted:
Removed:Regulation (EC) No 883/2004
Added:‘Article 60a
Removed:Article 1 – paragraph 1 – point 20 – point b, Article 64 – paragraph 3: (b) Paragraph 3 is replaced by the following: / ‘3. Unless the legislation of the competent Member State is more favourable, between two periods of employment the maximum total period for which entitlement to benefits shall be retained under paragraph 1 shall be six months; the competent services or institutions may extend that period up to the end of the period of entitlement to benefits.’
Added:Special rules on the aggregation of periods for unemployment benefits
Removed:Regulation (EC) No 883/2004
Added:For the purposes of the application of Article 6 when applied in the context of this Chapter, only periods which are taken into account under the legislation of the Member State in which they were completed for the purpose of acquiring and retaining the right to unemployment benefits shall be aggregated by the competent Member State.’;
Removed:Article 1 – paragraph 1 – point 21, Article 64a: deleted / (deleted) / (deleted) / (deleted)
Added:(25) Articles 61, 62 and 63 are replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:’Article 61
Removed:Article 1 – paragraph 1 – point 22, Article 65: 1. An unemployed person who, during his or her last activity as an employed or self-employed person resided in a Member State other than the competent Member State shall make himself or herself available to the former employer or to the employment services in the competent Member State. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State. Such a person may also make himself or herself available to the employment services of the Member State of residence. He or she may also make himself or herself available to a cross-border employment service, where such a service exists in the geographic area of his or her job research. / 1a. The authorities of the competent Member State and of the Member State of residence shall cooperate closely and clarify to job seekers the competence of the public employment service responsible for their follow-up. They shall also ensure that exchanges between the competent institution and the job seeker are carried out in a language understood by the latter, possibly involving EURES advisers in these services. / 2. Where a person as referred to in paragraph 1 makes himself or herself available to the employment service of the Member State of residence in accordance with the second subparagraph of that paragraph, he or she shall receive benefits in accordance with the legi…
Added:Special rules on the aggregation of periods of insurance, employment or self-employment and competence for the payment of unemployment benefits
Removed:The introduction of a 12-month period before a frontier worker can claim benefits in the Member State of last activity is likely to lead to additional administrative difficulties. Instead, giving frontier workers a choice to receive unemployment benefits from the Member State of last activity or from the Member State of residence reduces administrative difficulties and gives the person concerned the opportunity to seek employment in the Member State where he or she has the best chances to find employment. In the event that this amendment is adopted, corresponding changes should be made throughout the text.
Added:1. Except as regards wholly unemployed persons as referred to in Article 65(2), (3) and (5), the application of Articles 6 and 60a by the Member State of the most recent period of insurance, employment or self-employment shall be conditional on the person concerned having most recently completed an uninterrupted period of at least one month of insurance, employment or self-employment, in accordance with the legislation of the Member State under which the benefits are claimed.
Removed:Regulation (EC) No 883/2004
Added:2. Where an unemployed person has not completed an uninterrupted period of at least one month of insurance, employment or self-employment in accordance with the legislation of the Member State referred to in paragraph 1, that person shall be entitled to unemployment benefits in accordance with the legislation of the previous Member State where he or she completed a period of insurance, employment or self-employment, provided that such a period was uninterrupted for at least one month. The Member State that becomes competent pursuant to this paragraph shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a to the extent necessary, and in accordance with Article 64a.
Removed:Article 1 – paragraph 1 – point 23, Article 68b – paragraph 1: 1. Family benefits in cash which are intended to replace or grant additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation applies to those benefits in situations where the individual beneficiary of family benefits serving as income replacement during child raising does not fulfil his or her maintenance obligations.
Added:3. Where an unemployed person has not completed an uninterrupted period of at least one month of insurance, employment or self-employment in one of the Member States referred to in paragraph 1 or 2 of this Article, the Member State of the most recent period of insurance, employment or self-employment shall become competent, and shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a to the extent necessary.
Removed:In the case that the entitled person lives in another Member State than his or her children and if this person does not meet his or her maintenance obligations, the competent authorities could - according to the Commission's proposal - no longer provide the benefit directly to the children or the other parent. This situation should be avoided.
Added:Article 62
Removed:Regulation (EC) No 883/2004
Added:Calculation of benefits
Removed:Article 1 – paragraph 1 – point 23 a (new), Article 71 – paragraph 1: 23a. In Article 71, paragraph 1 is replaced by the following: / 1. The Administrative Commission for the Coordination of Social Security Systems (hereinafter called "the Administrative Commission") attached to the European Commission shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the European Commission, a representative of the European Parliament and, where appropriate, representatives of the social partners as well as beneficiaries, including representatives of disability organisations shall attend the meetings of the Administrative Commission in an advisory capacity.
Added:1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his or her last activity as an employed or self-employed person under that legislation.
Removed:Regulation (EC) 883/2004
Added:2. Paragraph 1 shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary or professional income which serves as a basis for the calculation of benefits and where, for all or part of that period, the person concerned was subject to the legislation of another Member State.
Removed:Article 1 – paragraph 1 – point 24, Article 75a – paragraph 1: 1. The competent authorities shall in accordance with their national law and/or practice, ensure that their relevant institutions are informed of and apply all provisions, legislative or otherwise, including the decisions of the Administrative Commission, in the areas covered by and within the terms of this Regulation and the implementing Regulation.
Added:3. By way of derogation from paragraphs 1 and 2 of this Article, as far as the unemployed persons covered by Article 65(2), first and second subparagraphs, are concerned, the institution of the Member State of residence shall take into account, under the conditions and limitations of the legislation it applies, the salary or professional income received by the person concerned in the Member State to whose legislation he or she was subject during his or her last activity as an employed or self-employed person, in accordance with the Implementing Regulation.
Removed:Regulation (EC) No 883/2004
Added:Article 63
Removed:Article 1 – paragraph 1 – point 24, Article 75a – paragraph 2: 2. In order to ensure the correct determination of the applicable legislation, the competent authorities shall promote the cooperation between the appropriate institutions concerned, such as the labour inspectorates and the tax authorities in their Member States.
Added:Special provisions for the waiving of residence rules
Removed:Regulation (EC) No 883/2004
Added:For the purposes of this Chapter, Article 7 shall apply only in the cases provided for by Articles 64, 64a and 65 and shall apply within the limits prescribed therein.’;
Removed:Article 1 – paragraph 1 – point 25, Article 76 a – paragraph 1: 1. In order to ensure uniform conditions for the application of Articles 12 and 13 of this Regulation and of Articles 14, 15 and 16 of the implementing Regulation, the Commission shall adopt implementing acts specifying the procedure to be followed. Those acts shall establish a standard procedure including time limits for / – the issuance, the forgery-proof electronic format and the contents, including mandatory information, of a portable document certifying the social security legislation which applies to the holder and including, when available, the single European social security number, / (deleted) / – the elements to be verified before the document can be issued, rectified or withdrawn, / (deleted)
Added:(26) Article 64 is amended as follows:
Removed:Regulation (EC) No 883/2004
Added:(a) in paragraph 1, point (c) is replaced by the following:
Removed:Article 1 – paragraph 1 – point 25 a (new), Article 79: 25a. Article 79 is replaced by the following: / “Article 79 / In connection with this Regulation and the implementing Regulation, the European Commission may fund in full or in part: / (a) activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data, such as an electronic social security networking system; / (b) any other activity aimed at providing information to the persons covered by this Regulation and their representatives about the rights and obligations deriving from this Regulation, using the most appropriate means, such as a European social security number.”
Added:‘(c) the unemployed person shall retain his or her entitlement to benefits for a period of six months from the date on which the unemployed person ceased to be available to the employment services of the Member State which he or she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his or her entitlement to benefits under the legislation of that Member State; the competent services or institutions may extend the period of six months until the end of the period of that person's entitlement to benefits;’;
Removed:Regulation (EC) No 883/2004
Added:(b) paragraph 3 is replaced by the following:
Removed:Article 1 – paragraph 1 – point 27, Article -88 (new): 26a. The following article is inserted: / “Article -88 / Issuing and withdrawing portable documents certifying the social security legislation applicable / The Commission shall, by [...], adopt delegated acts in accordance with Article 88a, supplementing Articles 12 and 13 of this Regulation and Articles 14, 15 and 16 of the implementing Regulation, by establishing a standard procedure concerning: / (a) the determination of situations in which portable documents certifying the social security legislation which applies to the holder , as referred to in the first indent of Article 76a, is to be issued, rectified or withdrawn; and / (b) the withdrawal of such document when their accuracy or validity is contested for justified reasons by the competent institution of the Member State of employment.”
Added:‘3. Unless the legislation of the competent Member State is more favourable, between two periods of employment the maximum total period for which an unemployed person shall retain his or her entitlement to benefits under paragraph 1 of this Article and Article 64a shall be six months; the competent services or institutions may extend that period until the end of the period of that person's entitlement to benefits.’;
Removed:Regulation (EC) No 883/2004
Added:(27) the following article is inserted:
Removed:Article 1 – paragraph 1 – point 27, Article 88a: 2. The power to adopt delegated acts referred to in Articles -88 and 88 shall be conferred on the Commission for a period of five years from ... [the date of entry into force of Regulation (EU) xxxx - COD 2016/397]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. / 3. The delegation of the power referred to in Articles -88 and 88 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 6. A delegated act adopted pursuant to Articles -88 and 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiring of that period, the European Parliament and the Council have both informed the European Commission that they will not object. That period shall be exte…
Added:“Article 64a
Removed:Regulation (EC) No 883/2004
Added:Special rules for unemployed persons who move to another Member State without fulfilling the conditions laid down in Article 61(1) and Article 64
Removed:Annex I – point 7, Annex XII – title: LONG-TERM CARE BENEFITS IN CASH PROVIDED IN DEROGATION FROM ARTICLE 33A(1) OF CHAPTER 1
Added:1. In the situation referred to in Article 61(2), the Member State that becomes competent shall provide unemployment benefits, in accordance with its legislation, for the period laid down in Article 64(1), point (c), if the unemployed person makes him or herself available to the employment services in the Member State of the most recent period of insurance, employment or self-employment and complies with the conditions laid down under the legislation of that Member State. Registration with the employment services of the Member State of the most recent period of insurance, employment or self-employment shall have the same effect as registration with the employment services of the competent Member State. Article 64(2) to (4) shall apply mutatis mutandis.
Removed:Regulation (EC) No 987/2009
Added:2. If the unemployed person referred to in paragraph 1 wishes to seek work in a Member State other than the Member State competent for unemployment benefits or the Member State of the most recent period of insurance, employment or self-employment, Article 64 shall apply mutatis mutandis. For those purposes, Article 64(1), point (a), shall be read as referring to the employment services of the Member State of the most recent period of insurance, employment or self-employment.”;
Removed:Article 2 – paragraph 1 – point -1 (new), Recital 13: -1. Recital 13 is replaced by the following: / "(13) This Regulation provides for measures and procedures to promote the mobility of employees and unemployed persons. Frontier workers who have become wholly unemployed may make themselves available to the employment services in both their country of residence and the Member State where they were last employed. "
Added:(28) Article 65 is replaced by the following:
Removed:Regulation (EC) No 987/2009
Added:"Article 65
Removed:Article 2 – paragraph 1 – point 3, Recital 26: (26) In order to protect the rights of the persons concerned Member States should ensure that any data requests and responses are necessary and proportionate for the proper implementation of Regulation (EC) No 883/2004 and this Regulation, in accordance with European Data Protection legislation. The relevant Union data protection acquis, in particular Regulation (EU) 679/2016 of the European Parliament and of the Council1a shall apply to the processing of personal data pursuant to this Regulation. There should be no automatic removal of benefit entitlement resulting from the data exchange, and any decision taken on the basis of the data exchange should respect the fundamental rights and freedoms of the individual concerned in that it is based on sufficient evidence and is subject to a fair appeal procedure. / 1a Regulation (EU) 679/2016 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Added:Unemployed persons who resided in a Member State other than the competent Member State
Removed:In line with the comments of the European Data Protection Supervisor on a proposal for a Regulation 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.
Added:1. A person who is wholly, partially or intermittently unemployed and who, during his or her last activity as an employed or self-employed person resided in a Member State other than the competent Member State, shall make him or herself available ▌ to the employment services in the competent Member State, or, in the case of partially or intermittently unemployed persons, where applicable, to the employer to whom he or she remains available.
Removed:Regulation (EC) No 987/2009
Added:Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State and shall be subject to the rights and obligations laid down by that legislation. Those benefits shall be provided by the institution of the competent Member State.
Removed:Article 2 – paragraph 1 – point 4, Article 1 – paragraph 2 – point ea: “(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the law of a Member State in accordance with the basic Regulation and the implementing Regulation;”
Added:2. By way of derogation from paragraph 1, a wholly unemployed person ▌ shall make him or herself available to the employment services in the Member State of residence ▌ provided that:
Removed:Regulation (EC) No 987/2009
Added:(a) during his or her last activity as an employed or self-employed person, that person resided in a Member State other than the competent Member State;
Removed:Article 2 – paragraph 1 – point 5, Article 2 – paragraph 5: 5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to provide personal data about that person, in accordance with Regulation (EU) 2016/679. The request and any response shall be limited to information which enables the competent Member State to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case. The request for information and any response must be reasoned, necessary and proportionate.
Added:(b) that person continues to reside in, or has returned to, the Member State of residence; and
Removed:In line with the comments of the European Data Protection Supervisor on a proposal for a Regulation 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.
Added:(c) that person did not complete an uninterrupted period of insurance, employment or self-employment of 22 weeks exclusively under the legislation of the competent Member State.
Removed:Regulation (EC) No 987/2009
Added:The wholly unemployed person referred to in the first subparagraph shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance, employment or self-employment under the legislation of that Member State. Such benefits shall be provided by the institution of the Member State of residence.
Removed:Article 2 – paragraph 1 – point 5, Article 2 – paragraph 6: 6. The Administrative Commission shall draw up a detailed list of the types of data requests and responses which can be made under paragraph 5, identify which entities are to be entitled to make such requests and establish the applicable procedures and safeguards. The Commission shall give such list the necessary publicity. Only data requests and responses which are listed shall be permitted.
Added:A wholly unemployed person referred to in this paragraph who would be entitled to unemployment benefits solely under the national legislation of the competent Member State without the application of Article 6 of this Regulation may, alternatively, make him or herself available to the employment services in that Member State and shall receive benefits in accordance with the legislation of that Member State as if he or she were residing there.
Removed:In line with the comments of the European Data Protection Supervisor on a proposal for a Regulation 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.
Added:3. Paragraph 2 of this Article shall not apply to a wholly unemployed person who, during his or her most recent activity before becoming unemployed, completed periods of insurance as a self-employed person or periods of self-employment recognised for the purpose of entitlement to unemployment benefits in a Member State other than his or her Member State of residence, and whose Member State of residence has submitted a notification, pursuant to Article 9, stating that no category of self-employed persons is covered by an unemployment benefits system of that Member State.
Removed:Regulation (EC) No 987/2009
Added:4. If a wholly unemployed person as referred to in paragraph 1, paragraph 2, third subparagraph, or paragraph 3, of this Article does not wish to become or remain available to the employment services of the competent Member State after having been registered there and decides to seek work in the Member State of residence, Article 64, with the exception of paragraph 1, point (a), thereof, shall apply mutatis mutandis.
Change 11
Changed:Article 2 –5. paragraphWhere 1a –wholly pointunemployed 7,person Articlereferred 5to –in paragraph 1:4 1.decides Documentsto issuedseek bywork in the institutionMember State of aresidence Memberand Statehe andor showingshe thepreviously positioncompleted periods of ainsurance, personemployment foror self-employment under the purposeslegislation of that Member State, aggregated with periods completed in the applicationMember State of the basiclast Regulationactivity and other Member States of theother implementingprevious Regulation,activities, andhe supportingor evidenceshe onmay, after the basisend of which the documentsperiod haveduring beenwhich issued,he shallor beshe acceptedreceives byunemployment benefits from the institutionsinstitution of the othercompetent Member StatesState providedpursuant thatto theyparagraph have4, notclaim beenunemployment withdrawnbenefits under the legislation of the Member State of residence, as if he or declaredshe tohad becompleted invalidall byperiods in that Member State. The competent institution of the Member State of residence shall provide unemployment benefits in accordance with the legislation of that Member State. The period during which theythe wereunemployed issued.person Suchreceived documentsbenefits shallunder onlythe legislation of the competent Member State shall be validdeducted iffrom allthe sectionscorresponding indicatedperiod asof compulsoryentitlement areto filledbenefits in.under the legislation of the Member State of residence.
Change 12
Removed:Regulation (EC) No 987/2009
Added:6. A wholly unemployed person referred to in this Article may make him or herself available to the employment services of the competent Member State or the Member State of residence, in addition to making him or herself available to the employment services of the ▌ Member State providing the benefits under paragraph 1 or 2.’;
Removed:Article 2 – paragraph 1 – point 7, Article 5 – paragraph 2: b) If the issuing institution, having reconsidered the grounds for issuing the document is unable to detect any error it shall forward to the requesting institution all supporting evidence within 25 working days from the receipt of the request. In cases which are urgent for the purpose of protecting the rights of the person concerned, this shall be done within two working days from the receipt of the request, notwithstanding that the issuing institution may not have completed its deliberations pursuant to subparagraph (a) above. / c) Where the requesting institution having received the supporting evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based that the information upon which the document was issued is not correct, it shall submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal of that document by the issuing institution in accordance within the procedure and timeframes set out above. / ca) Where the issuing institution fails to reply within the applicable time-limit referred to in point (b) and where there is doubt about the validity of a portable document certifying the social security legislation applicable to the holder or the accuracy of the facts on which they are based, the requesting institution shall inform the issuing institution of this situation and may request that a deposit equal to the contributions that t…
Added:(29) Article 65a is deleted;
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Removed:Regulation (EC) No 987/2009
Added:(30) Article 68 is amended as follows:
Removed:Article 2 – paragraph 1 – point 7 a (new), Article 5 – paragraph 4: 7a. In Article 5, paragraph 4 is replaced by the following: / 4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities. The Administrative Commission shall reconcile the points of view within three months of the date on which the matter was brought before it. The competent authorities and institutions concerned shall take the necessary measures to apply the decision of the Administrative Commission, without prejudice to the right of the authorities, institutions and persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States, by this Regulation or by the Treaties.
Added:(a) paragraph 2 is replaced by the following:
Removed:Regulation (EC) No 987/2009
Added:‘2. In the case of overlapping entitlements, family benefits shall be provided in accordance with the legislation designated as having priority in accordance with paragraph 1. Entitlements to family benefits by virtue of conflicting legislation shall be suspended up to the amount provided for by the first legislation for benefits of the same kind and a differential supplement shall be provided, if necessary, for the sum which exceeds that amount. However, there is no requirement to provide such a differential supplement with regard to children residing in another Member State when entitlement to the benefits in question is based on residence only.
Removed:Article 2 – paragraph 1 – point 7 b (new), Article 5 – paragraph 4 a (new): 7b. In Article 5, the following paragraph 4a is added: / “4a. Notwithstanding paragraphs 1 to 4, where a requesting institution has acquired evidence, collected in the course of a judicial investigation that constitutes evidence that a document certifying the social security legislation which applies to the holder or the accuracy of the facts on which they are based was obtained as a result of a fraud, it shall request the issuing institution to withdraw or rectify that document within 25 working days from receipt of the request. The issuing institution shall withdraw or rectify the document with retroactive effect. If the issuing institution fails to withdraw or rectify the document concerned within in accordance with the first subparagraph, the requesting institution may apply to a national court to decide whether the document concerned may be disregarded on the basis of fraud.”
Added:2a. For the purpose of calculating the differential supplement for family benefits under paragraph 2, there shall be two categories of benefits of the same kind:
Removed:The corresponding recital proposed by the Commission, recital 15 which reads “With a view to expediting ... within a reasonable period of time”, was voted by the EMPL committee as a compromise.
Added:(a) family benefits in cash that are primarily intended to replace income not earned, in whole or in part, or income that the person cannot earn, due to child-raising; and
Removed:Regulation (EC) No 987/2009
Added:(b) family benefits other than those referred to in point (a).’;
Removed:Article 2 – paragraph 1 – point 7 c (new), Article 6 – paragraph 3: 7c. In Article 6, paragraph 3 is replaced by the following: / ‘3. Where no agreement is reached between the institutions or authorities concerned within three months of the date on which the difference of views arises, the matter shall be brought before the Administrative Commission by the competent authorities no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arose. The Administrative Commission shall seek to reconcile the points of view within six months of the date on which the matter was brought before it.’
Added:(31) the following article is inserted:
Removed:Regulation (EC) No 987/2009
Added:"Article 68b
Removed:Article 2 – paragraph 1 – point 7 d (new), Article 7 – paragraph 1 a (new): 7d. In Article 7, the following paragraph is inserted: / “1a. The provisional calculation of a benefit or contribution referred to in paragraph 1 shall be made no later than one month after the submission of the request by the person concerned.”
Added:Special provision for family benefits in cash intended to replace income during the period of child raising
Removed:Regulation (EC) No 987/2009
Added:1. Family benefits referred to in Article 68(2a), point (a), of this Regulation, which are listed in Annex XIII, Part I, of this Regulation, shall be awarded under the legislation of the competent Member State solely to the person subject to that legislation. There shall be no derived right ▌ to such benefits. Article 68a of this Regulation shall not apply to such benefits and the competent institution shall not be required to take into account a claim submitted by the other parent, a guardian or an institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
Removed:Article 2 – paragraph 1 – point 7 e (new), Article 11 – paragraph 1: 7e. In Article 11, paragraph 1 is replaced by the following: / ‘1. Where there is a difference of views between the institutions of two or more Member States about the determination of the residence of a person to whom the basic Regulation applies, these institutions shall, no later than three months after the difference of views arises, establish by common agreement the centre of interests of the person concerned, based on an overall assessment of all available information relating to relevant facts, which may include, as appropriate:’
Added:2. By way of derogation from Article 68(2), in cases of overlapping entitlements under conflicting legislation, a Member State may award a family benefit referred to in paragraph 1 of this Article in full to a beneficiary regardless of the amount provided for by the first legislation. Member States that apply such a derogation shall be listed in Annex XIII, Part 2, indicating the family benefit to which the derogation applies.";
Removed:Regulation (EC) No 987/2009
Added:(32) in Article 72, the following point is inserted:
Removed:Article 2 – paragraph 1 – point 8 – point a, Article 14 – paragraph 1: 1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is sent by that employer to another Member State shall include a person who is recruited with a view to being sent to another Member State, provided that immediately before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.
Added:‘(ea) provide opinions, if requested by the Commission, in the early preparation of the implementing acts referred to in Article 88b of this Regulation and Article 86a of the Implementing Regulation, and make any relevant proposals to the Commission for the revision of those implementing acts;’;
Removed:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
Added:(33) the following article is inserted in "Title V MISCELLANEOUS PROVISIONS":
Removed:Regulation (EC) No 987/2009
Added:‘Article 75a
Removed:Article 2 – paragraph 1 – point 8 – point a a (new), Article 14 – paragraph 2: (aa) paragraph 2 is replaced by the following: / "2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities. In order to determine whether an undertaking genuinely performs substantial activities, other than purely internal management and/or administrative activities, the competent authorities shall make an overall assessment of all factual elements characterising those activities, taking account of a wider timeframe, carried out by an undertaking in the Member State of establishment. Such elements may include in particular: / (a) the place where the undertaking has its registered office and administration, uses office space, pays taxes and social security contributions and, where applicable, in accordance with national law has a professional licence or is registered with the chambers of commerce or professional bodies; / (b) the place where workers are recruited and from which they are sent; / (c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other; / (d) the place where the undertaking performs its substantial business activity and where it employs administrative staff; / (e) the number of contracts performed and/or the size of the turnover realised in the Member State of establishment, taking into account the specific situation of, inte…
Added:Obligation of competent authorities
Removed:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
Added:1. The competent authorities shall, in accordance with their national law and practice, ensure that their relevant institutions are informed of and apply all provisions, legislative or otherwise, including the decisions of the Administrative Commission, in the areas covered by and in accordance with the terms of this Regulation and of the Implementing Regulation.
Removed:Regulation (EC) No 987/2009
Added:2. In order to ensure the correct determination of the applicable legislation, the competent authorities shall promote, where appropriate, cooperation between their institutions and other relevant bodies, such as labour inspectorates, in their Member States.’;
Removed:Article 2 – paragraph 1 – point 8 – point a b (new), Article 14 – paragraph 3: (ab) paragraph 3 is replaced by the following: / “3. For the purposes of the application of Article 12(2) of the basic Regulation, the words ‘who normally pursues an activity as a self-employed person’ shall refer to a person who habitually carries out substantial activities in the territory of the Member State in which he is established. In particular, that person must have already pursued a sufficient activity for some time before the date when he wishes to take advantage of the provisions of that Article and, during any period of temporary activity in another Member State, must continue to fulfil, in the Member State where he is established, the requirements for the pursuit of his activity in order to be able to pursue it on his return.”
Added:(34) Article 86 is deleted, without prejudice to Article 91, fourth and fifth paragraphs;
Removed:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
Added:(35) in Article 87a, paragraph 2 is deleted;
Removed:Regulation (EC) No 987/2009
Added:(36) the following article is inserted:
Removed:Article 2 – paragraph 1 – point 8 – point a c (new), Article 14 – paragraph 4 a (new): (ac) the following paragraph is inserted after paragraph 4: / “4a. For the purpose of the application of point (c) of Article 12(1) and point (c) of Article 12(2) of the basic Regulation, “business trip” means a temporary activity related to the business interests of the employer, not including the provision of services or the delivery of goods, such as attending internal and external business meetings, attending conferences and seminars, negotiating business deals, undertaking sales or marketing activities, performing internal or client audits, exploring business opportunities, or attending and receiving training.”
Added:“Article 87b
Removed:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
Added:Transitional provision relating to the provisions referred to in Article 91 of this Regulation and in Article 97 of the Implementing Regulation
Removed:Regulation (EC) No 987/2009
Added:1. No rights shall be acquired pursuant to the provisions referred to in Article 91, third paragraph, of this Regulation or in Article 97, second paragraph, of the Implementing Regulation before the relevant dates of application referred to therein.
Removed:Article 2 – paragraph 1 – point 8 – point b a (new), Article 14 – paragraph 8 a (new): (ba) the following paragraph is inserted after paragraph 8: / “8a. For the purposes of the application of point (b) of Article 13(1) of the basic Regulation, the largest share of his/her work activities shall be determined by comparing the average weekly hours worked in each Member State where the person pursues an activity.”
Added:2. Any period of insurance and, where appropriate, any period of employment and self-employment or residence completed under the legislation of a Member State before the relevant dates of application as set out in Article 91, third, fourth and fifth paragraphs, of this Regulation and in Article 97, second, third and fourth paragraphs, of the Implementing Regulation shall be taken into consideration by the Member State concerned for the determination of rights acquired pursuant to those provisions.
Removed:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
Added:3. Subject to paragraph 1 of this Article, rights may be acquired pursuant to the provisions referred to in Article 91, third paragraph, of this Regulation and in Article 97, second paragraph, of the Implementing Regulation even if they relate to a contingency arising before the date of application of those provisions in the Member State concerned.
Removed:Regulation (EC) No 987/2009
Added:4. Where, pursuant to Title II of this Regulation, a person is subject to the legislation of a Member State other than that to which he or she was subject before … [date of application of the amendments introduced by the amending Regulation], the legislation applicable before that date shall continue to apply for a transitional period lasting for as long as the situation remains unchanged. That transitional period shall in any event end on … [10 years after the date of entry into force of the amending Regulation].
Removed:Article 2 – paragraph 1 – point 8 – point b b (new), Article 14 – paragraph 10: (bb) paragraph 10 is replaced by the following: / ‘10. The determination of the applicable legislation within the meaning of Article 13 of the basic Regulation shall apply for a maximum period of 24 months. Once that period has elapsed, the applicable legislation shall be reassessed in the light of the employee’s situation.’
Added:The person concerned may request that the transitional period no longer apply to him or her. Such a request shall be submitted to the institution designated by the competent authority of the Member State of residence. Requests submitted on or before … [27 months after the date of entry into force of the amending Regulation] shall be deemed to be submitted on … [24 months after the date of entry into force of the amending Regulation]. Requests submitted after … [27 months after the date of entry into force of the amending Regulation] shall be deemed to be submitted on the first day of the month following the date of their submission.
Removed:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
Added:This paragraph shall not apply to Article 12. Article 12, in the version in force before … [date of the entry into force of the amending Regulation], shall continue to apply to employed persons who are sent to, or self-employed persons who pursue a similar activity in, another Member State before … [ 24 months after entry into force of the amending Regulation].
Removed:Regulation (EC) No 987/2009
Added:5. Title III, Chapter 1, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to long-term care benefits for which applications were submitted before … [24 months after the date of entry into force of the amending Regulation].
Removed:Article 2 – paragraph 2 – point 8 a (new), Article 15 – paragraph 1: 8a. In Article 15, paragraph 1 is replaced by the following: / “1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his or her activity in a Member State or more than one Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof in advance. That institution shall without delay make information concerning the legislation applicable to the person concerned, pursuant to Article 11(3)(b), Article 12 or Article 13 of the basic Regulation, available to the person concerned and to the institution designated by the competent authority of the Member State in which the activity is pursued. / 1a. For the purposes of the application of Article 12, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall notify the competent institution of the Member State whose legislation is applicable thereof, in advance. / Unless the activity pursued concerns a business trip, that competent institution shall, within 20 working days of that notification, do all of the following: / (a) assess whether the conditions for continued application of the legislation of the relevant Member State are met; / (b) issue the attestation referred to in Articl…
Added:6. Title III, Chapter 6,in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to unemployment benefits for which applications were submitted before the relevant date of application as set out in Article 91, third, fourth and fifth paragraphs.
Removed:Regulation (EC) No 987/2009
Added:7. Title III, Chapter 8, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to family benefits for children who were born before … [24 months after the date of entry into force of the amending Regulation].’;
Removed:Article 2 – paragraph 1 – point 9 a (new), Article 15 a (new): 9a. The following article is inserted: / “Article 15a / Delivery of the attestation / 1. In order to ensure the timely delivery of the attestations referred to in Article 19(2), administrative cooperation and mutual assistance shall, for the purposes of Article 15(1) be implemented through the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council1a. / 2. Member States shall ensure that the attestations referred to in Article 19(2) is issued to the persons concerned and to the employers electronically. / 1a Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p.1).”
Added:(37) Article 88 is replaced by the following:
Removed:So far, not all Member States are issuing PDA1 forms electronically, nor providing them to the receiving Member State in a timely manner. This leads to delays which are a burden on the concerned citizens and employers. To foster free movement and improve social security cooperation Member States should issue the document electronically. For cooperation, Member States should use the IMI which is developed exactly to increase cooperation on crossborder matters.
Added:‘Article 88
Removed:Regulation (EC) No 987/2009
Added:Delegating the power to amend the Annexes
Removed:Article 2 – paragraph 1 – point 10, Article 16 – paragraph 3: 3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and the persons and the employer concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
Added:The Commission is empowered to adopt delegated acts in accordance with Article 88a to periodically amend the Annexes to this Regulation and to the Implementing Regulation following a request from the Administrative Commission.
Removed:Regulation (EC) No 987/2009
Added:Article 88a
Removed:Article 2 – paragraph 1 – point 10, Article 16 – paragraph 5: 5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and his or her employer.
Added:Exercise of the delegation
Removed:Regulation (EC) No 987/2009
Added:1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Removed:Article 2 – paragraph 1 – point 11, Article 19 – paragraph 4: 4. Where necessary for the exercise of legislative powers at national or Union level, relevant information regarding the social security rights and obligations of the persons concerned shall be exchanged directly between the competent institutions and the labour inspectorates, immigration or tax authorities of the States concerned, while ensuring full respect for privacy; this may include the processing of personal data for purposes other than the exercise or enforcement of rights and obligations under the basic Regulation and this Regulation for the sole purpose of ensuring compliance with relevant legal obligations in the fields of labour, health and safety, immigration and taxation law. The authorities responsible for the social security data shall inform data subjects of the transfer of those data to another public administrative body and of the purpose(s) of the further processing, in accordance with the principle of fair processing set in Article 6 of Directive 95/46/EC of the European Parliament and of the Council1a and point (a) of Article 5(l) of Regulation (EU) 679/2016 of the European Parliament and of the Council1b. The authorities to which the social security data are transferred shall inform the data subjects of its identity, the purpose(s) of the processing and the categories of data processed in accordance with points (a), (b) and (c) of Article 11(1) of Directive 95/46/EC and with Article 14(1) of Regulation (EU) 679/2016. Further details shall be laid down b…
Added:2. The power to adopt delegated acts referred to in Article 88 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of the amending Regulation].
Removed:In line with the comments of the European Data Protection Supervisor on a proposal for a Regulation 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.
Added:3. The delegation of the power referred to in Article 88 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Removed:Regulation (EC) No 987/2009
Added:4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Removed:Article 2 – paragraph 1 – point 11 a (new), Article 20 – paragraph 1: 11a. In Article 20, paragraph 1 is replaced by the following: / ‘1. The relevant institutions shall communicate to the competent institution of the Member State whose legislation is applicable to a person pursuant to Title II of the basic Regulation the necessary information required to establish the date on which that legislation becomes applicable and the contributions which that person and his employer(s) are liable to pay under that legislation and Directive 96/71/EC for calculating the contributions on the basis of the remuneration paid.’
Added:5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Removed:Regulation (EC) No 987/2009
Added:6. A delegated act adopted pursuant to Article 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.’;
Removed:Article 2 – paragraph 1 – point 12, Article 20a: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)
Added:(38) the following articles are inserted:
Removed:Regulation (EC) No 987/2009
Added:‘Article 88b
Removed:Article 2 – paragraph 1 – point 13, Title III – Chapter 1 – title: Sickness, long-term care, maternity and equivalent paternity benefits.
Added:Power to adopt implementing acts
Removed:Regulation (EC) 987/2009
Added:1. The Commission shall adopt implementing acts to specify the procedure, including, where appropriate, time limits, to be followed in order to ensure uniform conditions for the implementation of Title II of this Regulation and of the corresponding procedures set out in the Implementing Regulation. Those implementing acts shall establish standard procedures for:
Removed:Article 2 – paragraph 1 – point 13 a (new), Article 22 – paragraph 1: 13a. In Article 22, paragraph 1 is replaced by the following: / 1. The competent authorities or institutions shall ensure that any necessary information is made available to insured persons regarding the procedures and conditions for the granting of benefits in kind where such benefits are received in the territory of a Member State other than that of the competent institution. To facilitate the coordination of long-term care benefits, the Commission shall make information available about which institution are responsible for which type of benefit in every Member State.
Added:(a) the issuance, format and contents of attestations certifying the social security legislation applicable to their holder, as well as the automatic acknowledgment of receipt of the request for such attestations, which acknowledgement shall indicate its date of issuance and the information contained in the request;
Removed:Regulation (EC) No 987/2009
Added:(b) the elements to be verified before the attestations can be issued, withdrawn or rectified;
Removed:Article 2 – paragraph 1 – point 14, Article 23 – last sentence: deleted / (deleted)
Added:(c) the withdrawal or rectification of the attestations by the issuing institution in accordance with the procedure set out in the Implementing Regulation.
Removed:Regulation (EC) No 987/2009
Added:2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88c(2).
Removed:Article 2 – paragraph 1 – point 14 a (new), Article 23: 14a. Article 23 is replaced by the following; / "Article 23 / If the legislation of the Member State of residence or stay comprises more than one scheme of sickness, long-term care, maternity and paternity insurance for more than one category of insured persons, the provisions applicable under Articles 17, 19(1), 20, 22, 24 and 26 of the basic Regulation shall be those of the legislation on the general scheme for employed persons."
Added:Article 88c
Removed:Regulation (EC) No 987/2009
Added:Committee procedure
Removed:Article 2 – paragraph 1 – point 15, Article 24 – paragraph 3: deleted
Added:1. The Commission shall be assisted by a committee. The Committee is a committee within the meaning of Regulation (EU) No 182/2011.
Removed:Regulation (EC) No 987/2009
Added:2. Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.’;
Removed:Article 2 – paragraph 1 – point 15 a (new), Article 25 – paragraph 1: 15a. In Article 25, paragraph 1 is replaced by the following: / ‘1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one.’
Added:(39) Article 91 is replaced by the following:
Removed:Regulation (EC) No 987/2009
Added:‘Article 91
Removed:Article 2 – paragraph 1 – point 15 b (new), Article 25 – paragraph 3: 15b. In Article 25, paragraph 3 is replaced by the following: / ‘3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment or long-term care.’
Added:Entry into force and application
Removed:Regulation (EC) No 987/2009
Added:This Regulation shall enter into force on the twentieth day after its publication in the Official Journal of the European Union.
Removed:Article 2 – paragraph 1 – point 15 c (new), Article 26: 15c. Article 26 is replaced by the following: / ‘Article 26 / 1. For the purposes of the application of Article 20(1) of the basic Regulation, the insured person shall present a document issued by the competent institution to the institution of the place of stay. For the purposes of this Article, the competent institution shall mean the institution which bears the cost of the scheduled treatment or long-term care; in the cases referred to in Article 20(4) and 27(5) of the basic Regulation, in which the benefits in kind provided in the Member State of residence are reimbursed on the basis of fixed amounts, the competent institution shall mean the institution of the place of residence. / 2. If an insured person does not reside in the competent Member State, he shall request authorisation from the institution of the place of residence, which shall forward it to the competent institution without delay. In that event, the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of Article 20(2) of the basic Regulation are met in the Member State of residence. The competent institution may refuse to grant the requested authorisation only if, in accordance with the assessment of the institution of the place of residence, the conditions set out in the second sentence of Article 20(2) of the basic Regulation are not met in the Member State of residence of the insured person, or if the same treatment or long-term care can …
Added:It shall apply from 1 May 2010.
Removed:Regulation (EC) No 987/2009
Added:Notwithstanding the second paragraph, the following dates of application shall apply:
Removed:Article 2 – paragraph 1 – point 16, Article 28 – paragraph 1: deleted
Added:(1) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from that date:
Removed:Regulation (EC) No 987/2009
Added:(a) Article 11(5);
Removed:Article 2 – paragraph 1 – point 17, Article 31 – title and paragraphs 1 and 2: deleted / (deleted) / (deleted) / (deleted) / (deleted)
Added:(b) Article 50(2);
Removed:Article 35b is deleted.
Added:(c) Article 72(ea);
Removed:Regulation (EC) No 987/2009
Added:(d) Articles 75a and 86;
Removed:Article 2 – paragraph 1 – point 17 a (new), Article 32 – paragraph 1: 17a. In Article 32, paragraph 1 is replaced by the following: / ‘1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation.’
Added:(e) Article 87a(2);
Removed:Regulation (EC) No 987/2009
Added:(f) Articles 87b, 88, 88a, 88b and 88c;
Removed:Article 2 – paragraph 1 – point 18, Article 32 – paragraph 4: deleted / (deleted)
Added:(g) Annexes I, II, III, IV, VI, VIII, IX, X and XI.
Removed:Regulation (EC) No 987/2009
Added:(2) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from … [24 months after the date of entry into force of the amending Regulation]:
Removed:Article 2 – paragraph 1 – point 21, Article 55 – paragraph 7: deleted
Added:(a) Article 1, points (i)(1)(ii), (va)(i), (va)(ia) and (vb);
Removed:Regulation (EC) No 987/2009
Added:(b) Article 3(1), point (a);
Removed:Article 2 – paragraph 1 – point 22, Article 55a: deleted / (deleted) / (deleted) / (deleted)
Added:(c) Article 9(1);
Removed:Regulation (EC) No 987/2009
Added:(d) Article 11(2);
Removed:Article 2 – paragraph 1 – point 24, Title VI – Chapter I – title: deleted / (deleted) / (deleted)
Added:(e) Article 12;
Removed:No Change of title needed as article 35c has been deleted (LTC)
Added:(f) Article 13(4a) and (5);
Removed:Regulation (EC) No 987/2009
Added:(g) Article 19(1);
Removed:Article 2 – paragraph 1 – point 26, Article 65 – paragraph 1: 1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question, with sickness indicated separately from long-term care benefits in kind.
Added:(h) Article 20(1);
Removed:The costs for sickness and long-term care benefits in kind should be indicated separately within the calculation of the annual average cost, so that the debtor state can divide the costs more easily.
Added:(i) Article 30;
Removed:Regulation (EC) No 987/2009
Added:(j) Article 32(3);
Removed:Article 2 – paragraph 1 – point 26 a (new), Article 66 – paragraph 2: 26a. In Article 66, paragraph 2 is replaced by the following: / "2. The reimbursements between the institutions of the Member States, provided for in Articles 35 and 41 of the basic Regulation, shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and 41 of the basic Regulation. Mutual claims shall be off-set between the liaison bodies. The Administrative Commission shall establish detailed arrangements for such off-setting. "
Added:(k) Articles 33a, 34, 60a, 61, 62 and 63;
Added:(l) Article 64(1)(c) and (3);
Removed:In order to maintain confidence in the principle of sincere cooperation and to satisfy the economic viability of budgeting required by social security institutions, the possibility of offsetting should be introduced. The number of payment transactions would be reduced since only the excess amounts would be paid internationally.
Added:(m) Articles 64a, 65 and 65a;
Removed:Regulation (EC) No 987/2009
Added:(n) Article 68(2) and (2a);
Removed:Article 2 – paragraph 1 – point 26 b (new), Article 67: 26b. Article 67 is replaced by the following: / ‘Article 67 / 1. Claims based on actual expenditure shall be introduced to the liaison body of the debtor Member State within 12 months of the end of the calendar half-year during which those claims were recorded in the accounts of the creditor institution. Claims shall be met within six months of their introduction to the liaison body. / 3. The period referred to in paragraphs 1 and 2 shall not commence until the date on which the creditor institution becomes aware of the claim of the debtor institution. Claims may be introduced for benefit periods of no more than the previous five calendar years. The introduction of claims to the liaison body of the debtor Member State shall be decisive. / 5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 12 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This shall not apply to the claims which the debtor institution has rejected for a relevant reason within that period. The liaison body of the creditor Member State shall reply to such a rejection within 12 months of the end of the month during which the rejection was received. In the absence of such a reply, the rejection shall be deemed to be accepted. / 7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reach…
Added:(o) Article 68b;
Removed:Regulation (EC) No 987/2009
Added:(p) Annexes XII and XIII.
Removed:Article 2 – paragraph 1 – point 26 c (new), Article 68 – paragraph 2: 26c. In Article 68, paragraph 2 is replaced by the following: / 2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus eight percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due.
Added:Notwithstanding the third paragraph of this Article, with regard to persons for whom, during their last activity as an employed or self-employed person, Luxembourg was the competent Member State, Articles 65, 65a and 86, in the version in force before … [date of entry into force of the amending Regulation], shall apply until … [5 years after the date of entry into force of the amending Regulation].
Removed:Regulation (EC) No 987/2009
Added:Luxembourg may notify the Commission that it is necessary to prolong the timeframe referred to in the fourth paragraph until… [7 years after the date of entry into force of the amending Regulation]. Such a notification of prolongation shall be made in reasonable time before the end of the timeframe referred to in the fourth paragraph. The notification shall be published in the Official Journal of the European Union.";
Removed:Article 2 – paragraph 1 – point 27, Article 70: deleted
Added:(40) the Annexes to Regulation (EC) No 883/2004 are amended in accordance with Annex I to this Regulation.
Removed:Regulation (EC) No 987/2009
Added:Article 2
Removed:Article 2 – paragraph 1 – point 28, Article 73 – paragraph 3 – subparagraph 3: If the amount of unduly paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which unduly received contributions shall reimburse the amount in excess to the legal and/or natural person concerned in accordance with national law.
Added:Regulation (EC) No 987/2009 is amended as follows:
Removed:Regulation (EC) No 987/2009
Added:(1) the following recital is inserted:
Removed:Article 2 – paragraph 1 – point 28, Article 73 – paragraph 4: 4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
Added:‘(12a) For the purpose of identifying the registered office or place of business of an undertaking, where a person pursues activity in two or more Member States, a series of factors should be taken into account to determine where the essential decisions of the undertaking are adopted and where the functions of the central administration are carried out. Examples of such factors are the turnover, the places where its general meetings are held, and the habitual nature of the activity pursued. The list of example factors is non-exhaustive and other factors may be relevant for determining the location of the registered office or place of business of an undertaking, in the framework of an overall assessment, giving due weight to each relevant factor according to the circumstances of the case.’;
Removed:Regulation 987/2009/EC
Added:(2) the following recitals are inserted:
Removed:Article 2 – paragraph 1 – point 29, Article 75 – paragraph 4 a (new): 4a. The Member State where the person concerned by the refund of the social security contributions currently resides or stays, shall inform the Member State from which the refund is to be made, about the outcome of the refund within 25 working days.
Added:‘(13a) Where an employed or self-employed person pursues his or her activity in a Member State other than the competent Member State pursuant to Article 12 of the basic Regulation, the competent institution of the Member State whose legislation is applicable should be informed thereof in advance and an attestation as referred to in Article 19(2) of this Regulation should be requested. Provision of information prior to the pursuit of the activity enables competent institutions to assess the situation of the persons concerned in advance and to ensure, from the outset, the correct determination and application of the social security legislation applicable, pursuant to Title II of the basic Regulation, thereby facilitating the exercise of freedom of movement for workers and of freedom to provide services, and increasing legal certainty as regards the social security coverage of the person concerned. It also allows for better coordination between national authorities, including the planning of controls. Where justified on the basis of the nature or length of the activity, it is appropriate to provide that the provision of such prior information and, in particular, the obligation to request such an attestation, should not apply to business trips or activities with a total duration of no more than three consecutive days of work within a period of 30 consecutive days.
Removed:Regulation (EC) No 987/2009
Added:(13b) Activities in the construction sector exhibit specific characteristics, such as to distinguish them from activities in other economic sectors. The high number of posted workers in the construction sector account for a high share of PDA1s issued under Article 12 of the basic Regulation and available analyses indicate that fraud, irregularities or abusive practices are often detected in relation to those activities. Available data also indicate that both the number of accidents at work, including fatal accidents, and the incidence rate of accidents at work are particularly high in the construction sector. The combination of those characteristics means that exempting activities in the construction sector from the obligation to inform the competent institution and to request the attestation concerning the applicable legislation, in advance, in the case of activities of up to three days’ duration could jeopardise the attainment of the objectives pursued by the basic Regulation and by this Regulation. Furthermore, maintaining that obligation for activities in the construction sector contributes to the enforcement work of national labour inspectorates or other competent authorities, which will benefit from the data generated for the purpose of carrying out risk assessments and effectively detecting fraudulent or abusive practices.
Removed:Article 2 – paragraph 1 – point 30, Article 76 – paragraph 3 b (new): 3b. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Added:(13c) In order to ensure the proper application of this Regulation, it is of the utmost importance to ensure compliance with the obligation to inform the competent institution and to request the attestation concerning the applicable legislation, in advance. To that end, Member States may, in accordance with national law, resort to taking proportionate measures against the employer or, in the case of a person who does not pursue an activity as an employed person, against the person concerned, for failure to comply with those obligations.
Removed:Regulation (EC) No 987/2009
Added:(13d) In order to support job seekers in their search for work, taking into account the realities of cross-border regions, Member States should encourage members and partners of the European network of employment services (EURES) to participate in specific cooperation and service structures, and ensure that job seekers who reside in a Member State other than the competent Member State have access to the support services provided in cross-border regions.
Removed:Article 2 – paragraph 1 – point 31 – point b, Article 77 – paragraph 6 a (new): 6a. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Added:(13e) Where an unemployed person receiving unemployment benefits decides to go to another Member State to seek work there, the Member State paying the benefits and the Member State where the person goes to seek work should inform the person concerned about the support services provided by EURES including through its portal, and the possibility to register with EURES to enhance his or her chances of finding work in the other Member State. The Member State paying the benefits may consider providing the person concerned with guidance to register with EURES.’;
Removed:Regulation (EC) No 987/2009
Added:(3) the following recital is inserted:
Removed:Article 2 – paragraph 1 – point 32 – point d, Article 78 – paragraphs 6 a, 6 b and 6 c (new): 6a. If the currency of the requested party is different from the currency of applicant party, the applicant authority shall express the amount of the claim to be recovered in both currencies. / 6b. The exchange rate to be used for the purpose of the recovery assistance shall be the last exchange rate published by the European Central Bank before the request is sent. / 6c. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Added:‘(18a) Certain specific rules and procedures are required for the reimbursement of the cost of benefits incurred by a Member State of residence where the persons concerned are insured in a different Member State. Member States that claim reimbursement of the cost of benefits in kind on the basis of fixed amounts should notify the annual average costs per person within a given deadline to allow reimbursement as promptly as possible. ";
Removed:Regulation (EC) No 987/2009
Added:(4) recital 19 is replaced by the following:
Removed:Article 2 – paragraph 1 – point 33, Article 79 – paragraph 2 a (new): 2a. A single uniform instrument permitting enforcement in the Member State of the requested party may be issued in respect to several claims and several persons corresponding to the initial instrument or instruments permitting enforcement in the Member State of the applicant party.
Added:"(19) Procedures between institutions for mutual assistance in the recovery of social security claims should be strengthened in order to ensure more effective recovery and smooth functioning of social security schemes. Effective recovery is also a means of preventing and tackling abuses and fraud and of ensuring the sustainability of social security schemes. This involves the adoption of new procedures, taking as a basis a number of existing provisions in Council Directive 2010/24/EU*, in particular through the adoption of a uniform instrument for enforcement and the adoption of standard procedures for requesting mutual assistance and notification of instruments and measures relating to the recovery of social security claims.
Removed:Regulation (EC) No 987/2009
Added:_______________
Removed:Article 2 – paragraph 1 – point 34 – point b a (new), Article 80 – paragraph 2 a (new): (ba) the following paragraph is added: / “2a. Regardless of any amounts collected by the requested party by way of interest recovered, a claim shall be deemed recovered in proportion to the recovery of the amount expressed in the national currency of the Member State of the requested party on the basis of the exchange rate mentioned in the request.”
Added:* Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (OJ L 84, 31.3.2010, p. 1, ELI: http://data.europa.eu/eli/dir/2010/24/oj)";
Removed:Regulation (EC) No 987/2009
Added:(5) the following recitals are added:
Removed:Article 2 – paragraph 1 – point 35 – point d, Article 81 – paragraph 5 a (new): 5a. In order to convert the amount of the claim resulting from an adjustment into the currency of the Member State of the requested party, the applicant party shall use the exchange rate used in its initial request.
Added:"(25) The action to combat fraud and error is part of the proper implementation of Regulation (EC) No 883/2004 and this Regulation. It is, therefore, in the interest of legal certainty that this Regulation contains a clear legal basis for permitting competent institutions to exchange personal data with relevant authorities in other Member States relating to persons whose rights and obligations under Regulation (EC) No 883/2004 and this Regulation have already been established or to whom those Regulations apply, in order to prevent or identify fraud and error as part of the ongoing proper implementation of those Regulations. It is also necessary to ensure that such exchanges are made in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council*. In addition, for the purpose of combating fraud and error and in order to provide accurate and efficient service for the mobile citizens, Regulation (EC) No 883/2004 and this Regulation need to provide a clear legal basis for the Member States to exchange information with each other, either at an individual level concerning individual cases or at a general level with data matching.
Removed:Regulation (EC) No 987/2009
Added:(26) In order to protect the rights of the persons concerned, Member States should ensure that any data requests and responses are necessary for and proportionate to the proper implementation of Regulation (EC) No 883/2004 and this Regulation,
Removed:Article 2 – paragraph 1 – point 39, Article 85a – paragraph 1 – introductory part: 1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials and responsible office-holders authorised by the applicant party or by the European Labour Authority may, with a view to promoting mutual assistance provided for in this Section:
Added:_____________
Removed:Regulation (EC) No 987/2009
Added:* Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).";
Removed:Article 2 – paragraph 1 – point 39, Article 85a – paragraph 1 – point b: b) be present during administrative enquiries carried out in the territory of the Member State of the requested party and/or the applicant party;
Added:(6) in Article 1(2), the following points are inserted:
Removed:Regulation (EC) No 987/2009
Added:“(ea) ‘fraud’ means any intentional act or any intentional omission to act, in order to obtain or receive social security benefits or to avoid paying social security contributions, contrary to the law of the Member State concerned, to the basic Regulation or to the implementing Regulation;
Removed:Article 2 – paragraph 1 – point 39, Article 85a – paragraph 2: 2. In so far as it is permitted under the legislation in force in the Member State of the requested party, the agreement referred to in paragraph 1(b) may provide that officials or responsible office-holders of the Member State of the applicant party and, if necessary, by the European Labour Authority, may interview individuals and examine records.
Added:(eb) ‘business trip’ means a temporary activity as an employed or self-employed person, which is limited in time and which is related to the business interests of the employer or, in the case of a self-employed person, the person concerned, excluding the provision of services or the delivery of goods, but including attending business meetings, cultural and scientific events, conferences and seminars, such as those related to academic research, or receiving training;";
Removed:Regulation (EC) No 987/2009
Added:(7) Article 2 is amended as follows:
Removed:Article 2 – paragraph 1 – point 40 – point b, Article 87 – paragraph 6 – last sentence: However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence.
Added:‘(a) the following paragraph is inserted:
Removed:It has to be made clear that only in cases in which the requested institution also uses the findings for the granting of benefits on its own account to the person concerned, it shall not claim the expenses referred. In cases where the institution of stay uses the findings to provide benefits on account of the competent institution, the effective amount of expense of the checks shall be reimbursed.
Added:‘2a. The institutions shall also exchange data necessary to detect changes in circumstances relevant to such rights and obligations of the persons to whom the basic Regulation applies, as well as to detect inaccuracies in the data on which those rights are based. Those data may be verified by comparing them with those of the institution of the other Member State concerned using electronic means of data exchange or access granted to the other institution’s database. Such verification may concern individual cases or may be used to compare the data on multiple persons simultaneously. Any request for information and any response to that request shall be necessary and proportionate.’;
Removed:Regulation (EC) No 987/2009
Added:(b) the following paragraphs are added:
Removed:Article 2 – paragraph 1 – point 40 a (new), Article 89 – paragraph 1 a (new): 40a. In Article 89, the following paragraph is inserted: / ‘1a. The institutions of the competent authorities shall make available to citizens, upon request, a copy of their personal file, together with concise and tailored information on the rules determining the competent authorities and their rights and entitlements under the basic Regulation and under the implementing Regulation.’
Added:‘5. The Administrative Commission shall draw up an indicative list of the types of data ▌ subject to the exchange of data under paragraph 2a. The Commission shall give that list the necessary publicity. ▌
Removed:Article 3 – paragraph 1 a (new): Point 9a of Article 2 [inserting a new Article 15a into Regulation (EC) 987/2009] shall be applicable from ... [5 years after the date of entry into force of this Regulation - COD2016/0397].
Added:6. The data exchanges under paragraph 2a shall comply with Regulation (EU) 2016/679 ▌ in accordance with Article 77 of the basic Regulation. Where necessary, the Administrative Commission shall identify which entities are to be entitled to carry out such exchanges.
Added:Any decision taken on the basis of the data emanating from such data exchanges shall be based on sufficient evidence and shall be subject to effective remedies.’;
Removed:The Commission’s proposed revision aims to facilitate mobility by ensuring that individuals do not lose their rights when moving within Europe (EU, Iceland, Liechtenstein, Norway and Switzerland) and to ensure the continuity of social security when moving from one national legislation to another.
Added:(8) in Article 3, paragraph 3 is deleted;
Removed:The Commission is seeking to change three aspects of the coordination of unemployment benefits:
Added:(9) in Article 5, paragraphs 2, 3 and 4 are replaced by the following:
Removed:(1) Extending the period for exporting unemployment benefits from three to six months, with the option for Member States to extend the period until the rights are extinguished. The rapporteur supports this proposal and proposes extending the exporting period until the entitlement to unemployment benefit expires. According to a study carried out for the Commission, a longer unemployment benefit export period increases the chances of an unemployed person finding a job.
Added:‘2. The institution of the Member State that receives the document shall, without delay, notify the issuing institution in the event that any mandatory information has not been provided. The issuing institution shall either rectify the document as soon as possible or confirm that the conditions for issuing the document are not fulfilled. Where the mandatory information missing is not provided within 30 working days, the institution of the Member State that receives the document may proceed as if the document had never been issued. In that event, that institution shall inform the issuing institution accordingly.
Removed:(2) The job seeker’s Member State of last activity will have to take account of insurance periods completed elsewhere if the job seeker worked in that country for at least three months. Otherwise, it is the Member State where the job seeker previously pursued his or her activity which will have to pay those benefits. The current situation is quite confusing for the Member States’ competent institutions. The rapporteur would point out that one of the basic principles of this legislation is aggregation, which is why he proposes reducing to one month the minimum activity period before aggregation in the Member State of last activity.
Added:3. Without prejudice to Article 19a, where there is doubt about the validity of a document or the accuracy of the facts on which the document is based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal or rectification of that document. The issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw or rectify it.
Removed:(3) Finally, in the case of cross-border workers the Member State of last employment will be required to pay unemployment benefits if the cross-border worker worked there for at least 12 months. Under the current rules, the Member State of residence is competent, even though cross-border workers pay social security contributions in the country of activity.
Added:4. Where there is doubt about the information provided by the persons concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the document is based, any institution concerned shall, insofar as this is possible, at the request of the competent institution, verify the information or document.
Removed:It seems legitimate for the country receiving the social security contributions also to be responsible for paying unemployment benefits. However, the rapporteur would like to see clarifications regarding these provisions so that the changes proposed by the Commission do not create practical, administrative, linguistic or training difficulties, as well as clarifications regarding the competence of the public employment service.
Added:5. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it.
Removed:The Commission proposes creating a specific chapter on long-term care based on the approach taken for sickness benefits. While the rapporteur is in principle in favour of this initiative, he would like the Administrative Commission to work more closely with representatives of the social partners, professional organisations and beneficiaries concerned, particularly on drawing up the list of benefits covered under this new chapter.
Added:In endeavouring to reconcile the different points of view, the Administrative Commission may, pursuant to Article 72, point (a), of the basic Regulation, adopt a decision on the interpretation of the relevant provisions of the basic Regulation or of the implementing Regulation. The competent authorities and institutions concerned shall take the necessary measures to apply such a decision, without prejudice to the right of the authorities, institutions and the persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States, by the implementing Regulation or by the Treaty on European Union and the Treaty on the Functioning of the European Union.’;
Removed:The proposal aims to incorporate recent Court of Justice case-law on the conditions of access to social security benefits of economically inactive mobile citizens. The rapporteur notes the case-law but considers that it is not the task of EU legislators to codify decisions taken by the Court.
Added:(10) Article 14 is amended as follows:
Removed:The rapporteur also supports the Commission in its intention to standardise the issuance procedures, format and content of portable documents certifying membership of a social security scheme and to specify the situations in which such a document is issued and the procedures for its withdrawal when its accuracy and validity is contested by the institution of the Member State of employment. He proposes enhancing cooperation between the competent authorities and considers that the principle of sincere cooperation should be strengthened by laying down shorter response times, and also that the lack of a response should entail responsibility shifting between the competent authorities.
Added:(a) paragraph 1 is replaced by the following:
Removed:In order to optimise exchanges between administrations and to protect those covered by the regulations, he supports the setting up of new arrangements (e.g. the Crossroads Bank for Social Security) and an operational electronic network linking social security institutions (European social security e-card and number), and wold like to see the digitisation of the documents covered by the regulations.
Added:“1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is sent by that employer to another Member State’ shall include a person who is recruited with a view to being sent to another Member State, provided that for a period of at least three months immediately before the start of his or her employment, the person concerned has already been subject to the legislation of the Member State in which the employer is established.”;
Removed:The rapporteur also considers it essential to clarify the regulatory framework applicable to posted workers (obligatory minimum period of membership of the social security scheme of the posting state, issuance of the portable document before the start of the posting, etc.), self-employed workers and people engaged in multiple activities.
Added:(b) the following paragraph is inserted:
Removed:Finally, the rapporteur opposes the indexation of family benefits in the place of residence of the children: even if the data are incomplete and do not cover all the countries affected by the coordination regulation, less than 1% of total family allowances are paid to children residing in a Member State other than that in which their parent or parents work. In that context, an indexation system which localised and updated the amount of benefits depending on the place of residence of the children would involve setting up a complex and costly system having implications for public finances.
Added:‘1a. After a person has pursued an activity as an employed or self-employed person in another Member State pursuant to Article 12(1) or (2) of the basic Regulation for a total of 24 months, with interruptions of no longer than two months, Article 12(1) or (2) of the basic Regulation shall not apply to that person with regard to that Member State until at least two months have elapsed from the end of the previous period of activity there. In specific circumstances, a derogation may be granted pursuant to Article 16(1) of the basic Regulation.’;
Removed:The rapporteur hopes that the discussions on the revision of the coordination regulations moves away from posturing and accusations of ‘benefit tourism’, ‘widespread fraud’ and ‘disguised protectionism’. This revision must ensure the continuity of citizens’ social rights, while promoting efficient mobility in Europe.
Added:(c) paragraph 3 is replaced by the following:
Removed:SHORT JUSTIFICATION
Added:‘3. For the purposes of the application of Article 12(2) of the basic Regulation, the words ‘who normally pursues an activity as a self-employed person’ shall refer to a person who habitually carries out substantial activities in the territory of the Member State in which he or she is established. In particular, that person must have already pursued his or her activity for a period of at least three months before the date on which he or she wishes to take advantage of the provisions of that Article and, during any period of temporary activity in another Member State, must continue to fulfil, in the Member State where he or she is established, the requirements for the pursuit of his or her activity in order to be able to pursue it on his or her return.’;
Removed:On the 13th of December 2016, the European Commission published its proposal for a Regulation 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. The proposal aims at modernising and simplifying the existing rules for social security coordination to respond to the social and economic reality in the Member States, and enhance the exercise of citizens’ rights under these regulations.
Added:(d) paragraph 5a is replaced by the following:
Removed:The rapporteur is of the view that any amendment to the existing rules concerning social security coordination should be governed by the common values of universality, equity and solidarity, especially with regard to access to health care benefits. In particular, students and disabled persons should retain the portability of their social security rights and entitlements when moving from one Member State to another without discrimination.
Added:"5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out.
Removed:In this regard, the rapporteur takes note of the new chapter on long-term care benefits proposed by the Commission, and welcomes the fact that disability benefits are now clearly covered by this chapter; she suggests that the Administrative Commission work closely with associations of beneficiaries, including representatives of disability organisations, when determining the detailed list of benefits covered under this chapter. The rapporteur also stresses the need to ensure the swift implementation of the European Disability Card in all EU Member States, and calls on the Administrative Commission to promote the adoption of a common disability definition and criteria for the purpose of social security coordination. The rapporteur hopes that the implementation of the European Disability Card will allow for discussions on the benefits covered by the card, with a view to include further important benefits in the area of care, health care and assistance, for people with disability to fully enjoy their freedom of movement within the EU.
Added:The identification of the registered office or place of business relevant for determining applicable legislation shall be carried out in the framework of an overall assessment, based on factors relevant to the case, due weight being given to each relevant factor depending on the circumstances of the case. The Administrative Commission shall lay down the detailed arrangements for the determination.";
Removed:The Petitions Committee is regularly seized with petitions concerning all social security areas in cross-border situations. Issues relating to the portability of pension rights and benefits have been regularly brought to the attention of the PETI Committee, in particular concerning the long delays suffered in obtaining adequate information from the competent authorities, as well as concerning the calculation of pension benefits for citizens who have worked in more than one Member State. The rapporteur proposes establishing time-limits for the institutions of the competent Member States to determine the habitual residence of claimants, to calculate the amount of benefits and to resolve possible differences of views with other Member States. Access to tailored and concise information in this often complex field is also paramount to ensure that citizens can exercise their freedom to move and work within the EU without discrimination.
Added:(e) paragraph 10 is replaced by the following:
Removed:These proposals would contribute to the objectives set by the Commission to enhance the exercise of citizens’ rights while ensuring legal clarity and enforceability of the rules in the field of social security coordination, and respecting the overarching values of universality, equity and solidarity which are shared across the European Union.
Added:’10. The determination of the applicable legislation under Article 13 of the basic Regulation shall apply for a maximum of 24 months, taking into account the situation projected for the following 12 calendar months.
Removed:AMENDMENTS
Added:Once the period of 24 months has elapsed, the applicable legislation shall be reassessed in the light of the situation of the person concerned.’;
Removed:The Committee on Petitions calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:
Added:(f) the following paragraph is added:
Removed:Recital 3 a (new): (3 a) The definitions and criteria for determining disability and invalidity differ widely across the Member States, which can constitute a major obstacle to the mutual recognition of national decisions on disability and invalidity issues, in particular as regards access to specific services and facilities, and can put people with a disability or invalidity at a particular disadvantage in the field of social security when moving from one Member State to another. It is therefore necessary, with a view to facilitating the travel and movement of persons with a disability or invalidity from one Member State to another, to ensure the adoption of a common European definition in line with the UNCRPD and a mutual recognition of disability status between Member States, in particular through the swift implementation of the European Disability Card in all Member States which will be connected to the European Health Insurance Card and the European Social Security Card.
Added:“12. For the purpose of applying Article 13 of the basic Regulation, in relation to a person who resides outside the territory of the Union and pursues his or her activities as an employed or self-employed person in two or more Member States, the provisions of the basic Regulation and of the implementing Regulation on the determination of the applicable legislation shall apply mutatis mutandis, provided that that person’s residence is deemed to be in the Member State where he or she pursues the major part of his or her activities in terms of working time within the territory of the Union.”;
Removed:Recital 3 b (new): (3b) In order to ensure the effective implementation and enforcement of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and guarantee the portability of disability benefits, the adoption of common definition, criteria and methods of evaluation of disability (percentage of disability) for the purpose of social security coordination should be promoted.
Added:(11) Article 15 is replaced by the following:
Removed:Recital 3 c (new): (3 c) It is important to respect the common values and principles of Union’s health systems as referred to in the Council Conclusions of 22 June 2006 on Common values and principles in European Union Health Systems1a, in particular the overarching values of universality, access to good quality care, equity and solidarity. This is particularly significant for categories of citizens who are neither employed, nor looking for a job, such as students, whose mobility should be preserved through their appropriate access to social security benefits, including health insurance, in the host Member State. As stated by the Council, “universality means that no-one is barred access to health care; solidarity is closely linked to the financial arrangement of our national health systems and the need to ensure accessibility to all; equity relates to equal access according to need, regardless of ethnicity, gender, age, social status or ability to pay.” / 1a OJ C 146, 22.6.2006, p.1.
Added:‘Article 15
Removed:Recital 4 a (new): (4 a) In its resolution of 15 March 2017 on obstacles to EU citizens’ freedom to move and work in the internal market1a, the European Parliament stressed the need “to ensure the portability of social security benefits (e.g. state pensions, health insurance, unemployment benefits and family benefits) and consequently reduce barriers to labour mobility in the Union” and called for “ resolute effective steps towards a coordinated system of aggregated social contributions and benefits for each individual across the Union, such as a social security card to facilitate the tractability of social security contributions and entitlements”. / 1a Texts adopted, P8_TA(2017)0083.
Added:Procedures for the application of Article 11(3), points (b) and (d), Article 11(4) and Article 12 of the basic Regulation (on the provision of information to the institutions concerned)
Removed:Recital 4 b (new): (4 b) Measures to facilitate the identification and upholding of social security rights and benefits across the Union, such as the adoption of a European Social Security Card, which should be associated with the existing European Health Insurance Card (EHIC), the European Disability Card, and cover all social security areas, should be promoted.
Added:1. Where, pursuant to Article 12 of the basic Regulation, a person pursues his or her activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable accordingly before the start of the activity and shall request the attestation referred to in Article 19(2) of the implementing Regulation.
Removed:Recital 4 c (new): (4c) In order to improve the mobility of workers, students and job seekers across the Union, it is essential that Member States guarantee access to the European Health Insurance Card to all people, including temporary workers, self-employed persons and those in atypical employment relationships, as well as students and mobile jobseekers, without discrimination.
Added:1a. Upon receipt of the request referred to in paragraph 1, the competent institution shall issue an attestation of the legislation applicable to the person concerned. Where that attestation is not issued immediately, it shall issue an automatic acknowledgement of receipt of the request, which shall constitute evidence showing that the competent institution has been informed in accordance with paragraph 1. The competent institution shall, without delay, make available to the institution designated by the competent authority of the Member State in which the activity is pursued the relevant information concerning the legislation applicable to that person or, where that information is not yet available, information concerning the acknowledgment of receipt.
Removed:Recital 4 d (new): (4 d) Cross-border healthcare is of particular relevance to guarantee an equitable coordination of social security systems. In this regard, the implementation of Directive 2011/24/EU of the European Parliament and of the Council1a differs greatly across the Member States. In particular, Article 7 of that Directive should be implemented without discrimination to ensure the freedom of movement for Union citizens and their families. / 1a Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).
Added:1b. Paragraphs 1 and 1a shall not apply to business trips.
Removed:Recital 8: (8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least one month of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured.
Added:Moreover, with the exception of activities in the construction sector as defined in Annex 6, paragraphs 1 and 1a shall not apply to activities with a total duration of no more than three consecutive days of work within a period of 30 consecutive days.
Removed:Recital 9: (9) There is a need to extend the duration of export of unemployment benefits until exhaustion of the rights acquired by the job seeker in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for requalification and reintegration into the labour market and to address skills mismatches across borders..
Added:1c. In situations falling under Article 12 of the basic Regulation, where no attestation as referred to in Article 19(2) of the implementing Regulation has been issued, the employer or, in the case of a self-employed person, the person concerned, at the request of the competent institution of the Member State in which the activity is pursued, shall provide either the acknowledgment of receipt referred to in paragraph 1a of this Article, or evidence showing that the activity falls under an exemption as referred to in paragraph 1b of this Article.
Removed:Recital 11 a (new): (11 a) There is a need to ensure that the competent authorities determine habitual residence for the purpose of establishing social security benefits within a reasonable time-limit.
Added:Employers shall remain responsible for providing the necessary evidence and supplying persons pursuing an activity as an employed person in another Member State with the relevant supporting documents for that purpose. Such evidence may be provided in paper or electronic form.
Removed:Recital 11 b (new): (11b) Individuals should be able to choose their habitual residence for the purpose of establishing social security benefits, with competent authorities certifying it within a reasonable timeframe on the basis of proven sufficient roots to the concerned Member State.
Added:1d. Where the competent institution of the Member State where the activity is carried out has a doubt about the information provided by the employer or the person concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the document is based, that institution may request the competent institution of the Member State whose legislation is applicable to provide further information. Article 19a and Article 20(3) and (4) shall apply.
Removed:Recital 12: (12) In order to enable a timely update of this Regulation to the developments at the national level, the Annexes to this Regulation and Regulation (EC) No 987/2009 should be amended on a regular basis. / (deleted)
Added:2. Where a person covered by Article 11(3), point (b) or (d), of the basic Regulation pursues his or her activity in a Member State other than the competent Member State, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned, shall inform the competent institution of the Member State whose legislation is applicable accordingly, whenever possible before the start of the activity. That institution shall, without delay, make information concerning the legislation applicable to the person concerned available to that person and to the institution designated by the competent authority of the Member State in which the activity is pursued. Paragraph 1b of this Article shall apply mutatis mutandis.
Removed:Recital 13: (13) With a view to supporting Member States in their efforts to combat fraud and error in the application of the coordination rules, it is necessary to establish a further permissive legal basis to facilitate the processing of personal data about persons to whom Regulations (EC) No 883/2004 and (EC) No 987/2009 apply, paying due respect to the relevant Union data protection acquis, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council1a. This would enable a Member State to periodically compare data held by its competent institutions against that held by another Member State in order to identify errors or inconsistencies that require further investigation. / 1a Regulation (EU) 679/2016 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L119, 4.5.2016, p. 1).
Added:3. An employer within the meaning of Article 11(4) of the basic Regulation who has an employee on board a vessel flying the flag of another Member State shall, whenever possible in advance, inform the competent institution of the Member State whose legislation is applicable accordingly, pursuant to Article 11(4), second sentence, of the basic Regulation. That institution shall, without delay, make information concerning the legislation applicable to the person concerned, pursuant to Article 11(4) of the basic Regulation, available to the institution designated by the competent authority of the Member State whose flag, the vessel on which the employee performs the activity, is flying.’;
Removed:Recital 15: (15) With a view to expediting the procedure for the verification, rectification and withdrawal of documents (in particular concerning the social security legislation which applies to the holder) in case of fraud and error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. Where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between Member States concerning the determination of the applicable legislation, it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time. In the absence of a response within the specified deadline, the requesting institution should become competent to determine the legislation applicable.
Added:(12) Article 16 is amended as follows:
Removed:Regulation (EC) No 883/2004
Added:(a) paragraphs 1, 2 and 3 are replaced by the following:
Removed:Article 1 – paragraph 1 – point 3, Recital 5 a: deleted
Added:"1. A person who pursues activities in two or more Member States shall inform the institution designated by the competent authority of the Member State of residence accordingly. That information may also be provided by the employer on the person’s behalf.
Removed:The derogation from the principle of equal treatment for more than 700.000 economically inactive mobile citizens constitutes a considerable gap in the coordination of social security systems within the European Union. The proposed changes made by the Commission will neither lead to greater legal clarity nor alleviate the situation of the citizens concerned. Therefore, a cross-reference to Directive 2004/38 should not be introduced into the Regulation.
Added:2. The designated institution of the place of residence shall without delay determine the legislation applicable to the person concerned, having regard to Article 13 of the basic Regulation and Article 14 of the implementing Regulation. If that institution determines that the legislation of the Member State of residence applies, it shall inform the designated institutions of each Member State in which an activity is pursued or in which the employer is situated of its determination of the applicable legislation.
Removed:Regulation (EC) No 883/2004
Added:3. If the designated institution of the place of residence determines that the legislation of another Member State applies, the determination shall be provisional, and the institution shall, without delay, inform the designated institutions of each Member State in which an activity is pursued or in which the employer is situated of this provisional determination of the applicable legislation. The provisional determination shall become definitive ▌ two months after the institutions designated by the competent authorities of the Member States concerned being informed of it, unless at least one of those institutions informs the designated institution of the place of residence by the end of the two-month period that it cannot yet accept the provisional determination or that it takes a different view.’;
Removed:Article 1 – paragraph 1 – point 3, Recital 5c: (5c) Notwithstanding the limitations on the right to equal treatment for economically inactive persons, that arise from the Directive 2004/38/EC or otherwise by virtue of Union law, nothing within this Regulation should restrict the fundamental rights recognised in the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2), the entitlement to social security and social assistance (Article 34) and the right to healthcare (Article 35).
Added:(b) paragraph 5 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall, without delay, inform the person concerned and his or her employer of the determination.’;
Removed:Article 1 – paragraph 1 – point 5 a (new), Recital 24 a (new): (5a) After recital 24, the following is inserted: / “(24a) Nothing within this Regulation should give ground to any Member State other than the competent Member State to refuse residence to economically inactive persons solely on the basis of the application for the branches of social security covered by this Regulation.ˮ
Added:(13) Article 19 is amended as follows:
Removed:Regulation (EC) No 883/2004
Added:(a) paragraph 2 is replaced by the following:
Removed:Article 1 – paragraph 1 – point 8, Recital 46: deleted / (deleted)
Added:‘2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. The attestation shall be issued in a standardised format.’
Removed:Regulation (EC) No 883/2004
Added:(b) the following paragraph is added:
Removed:Article 1 – paragraph 1 – point 9 – point d, Article 1 – paragraph 1 – point vb: (vb) “long-term care benefit” means any benefit in kind, cash or a combination of both for persons who, over an extended period of time, on account of old-age, disability, illness or impairment, require assistance from another person or persons to carry out essential daily activities, including to support their personal autonomy; this includes benefits granted to or for the person providing such assistance;”
Added:“3. Whenever an institution is asked to issue an attestation pursuant to paragraph 2, it shall carry out a proper assessment of the facts relevant for the application of the rules laid down in Title II of the basic Regulation and shall confirm that the information contained in the attestation is ▌ correct.’;
Removed:Regulation (EC) No 883/2004
Added:(14) the following article is inserted:
Removed:Article 1 – paragraph 1 – point 11, Article 4 – paragraph 2: deleted / (deleted)
Added:‘Article 19a
Removed:Regulation (EC) No 883/2004
Added:Cooperation in the case of doubt about the validity of documents concerning the applicable legislation
Removed:Article 1 – paragraph 1 – point 13, Article 12 – paragraph 1: 1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted by that employer to another Member State to perform work on that employer's behalf shall continue to be subject to the legislation of the first Member State, provided that: / (a) the anticipated or actual duration of such work does not exceed six months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article; and / (b) for a period of at least six months immediately preceding the start of the activity as an employed person, the person concerned is already subject to the legislation of the Member State in which his or her employer is established. / (deleted)
Added:1. Notwithstanding Article 5, where there is doubt about the validity of a document showing the situation of a person for the purposes of the applicable legislation or the accuracy of the facts on which the document is based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal or rectification of that document. The requesting institution shall substantiate its request and provide the relevant supporting documentation that gave rise to the request.
Removed:The average duration of a posting is less than four month according to the Commission. Therefore, it is reasonable that after six month the law of the country of employment should apply in terms of social security coverage.
Added:2. When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, where an error is detected, withdraw or rectify it within 30 working days of receipt of the request. The withdrawal or rectification shall have retroactive effect. However, where there is a risk of a disproportionate outcome, and in particular, of the loss of status as an insured person for the whole or part of the relevant period in all Member States concerned, the Member States shall consider whether to apply Article 16 of the basic Regulation. Where the issuing institution considers that, on the basis of the available evidence, there is no doubt that the applicant of the document has committed fraud, it shall withdraw or rectify the document without delay, with retroactive effect.
Removed:Regulation (EC) No 883/2004
Added:3. If the issuing institution, having reconsidered the grounds for issuing the document, is unable to detect any error, it shall forward to the requesting institution all available evidence within 30 working days of receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated and substantiated in the request, the evidence shall be forwarded within ten working days of receipt of the request, including where the issuing institution has not completed its deliberations pursuant to paragraph 2.
Removed:Article 1 – paragraph 1 – point 13, Article 12 – paragraph 2: 2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that: / (a) the anticipated or actual duration of such activity does not exceed six months and that the person is not replacing another posted employed or self-employed person, and / (b) for a period of at least six months immediately preceding the start of the activity, the person concerned has already been subject to the legislation of the Member State in which he or she normally pursues his or her activity.
Added:4. Where the requesting institution, after receiving the available evidence, continues to have doubts regarding the validity of a document, the accuracy of the facts on which the particulars contained therein are based, or the accuracy of the information upon which the document was issued, it may submit evidence to that effect and make a further request for clarification and, where appropriate, for the withdrawal or rectification of that document by the issuing institution in accordance with the procedure and timeframes set out in this Article.
Removed:Regulation (EC) No 883/2004
Added:5. If the doubts of the receiving institution persist and no agreement between the institutions concerned is reached, Article 5(5) shall apply.’;
Removed:Article 1 – paragraph 1 – point 13, Article 12 – paragraph 2 a (new): 2a. Member States shall ensure that economically inactive mobile citizens and job seekers can access comprehensive sickness insurance cover in the host Member State by allowing such citizens to contribute in a proportionate manner to a sickness insurance or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.
Added:(15) in Article 20, the following paragraphs are added:
Removed:Comprehensive sickness insurance is a fundamental right. Inactive mobile citizens should have the possibility to obtain sickness insurance also in their Member State of residence. Member States should be able to rely on binding guidelines when making their sickness insurance system accessible for inactive mobile EU citizens.
Added:‘3. For the purpose of the application of Title II of the basic Regulation, the institutions of the Member States shall, without prejudice to Article 19a of the implementing Regulation, respond to queries received from the institutions of the other Member States within 35 working days of receipt of the request.
Removed:Regulation (EC) No 883/2004
Added:4. Where a person pursues an activity as an employed or a self-employed person in another Member State without an attestation as referred to in Article 19(2) of the implementing Regulation, unless no attestation is required pursuant to Article 15 of the implementing Regulation, the relevant institution in that other Member State may request information concerning the legislation applicable to that person from the institution of the Member State whose legislation is prima facie applicable.
Removed:Article 1 – paragraph 1 – point 17, Article 35a – paragraph 2: 2. The Administrative Commission, after properly consulting the social partners concerned as well as representative associations of beneficiaries, including disability organisations, and all relevant stakeholders, shall draw up an exhaustive and detailed list of long-term care benefits which meet the criteria contained in Article 1 (vb) of this Regulation, specifying which benefits are in kind and which are benefits in cash.
Added:If the requested institution does not reply within 35 working days of receipt of the request, the requesting institution may proceed as if no attestation had been issued and shall inform the requested institution accordingly. If the attestation is subsequently issued by the requested institution, that attestation shall, where appropriate, have retroactive effect.’;
Removed:Regulation (EC) No 883/2004
Added:(16) in Title III, the title of Chapter 1is replaced by the following:
Removed:Article 1 – paragraph 1 – point 17, Article 35a – paragraph 2 a (new): 2a. The Administrative Commission shall ensure the swift implementation of the European Disability Card in all Member States, and shall promote the adoption of a common disability definition and criteria for the purpose of this Regulation and of the Implementing Regulation.
Added:"Sickness, long-term care, maternity and equivalent paternity benefits";
Removed:Regulation (EC) No 883/2004
Added:(17) Article 25 is amended as follows:
Removed:Article 1 – paragraph 1 – point 18 a (new), Article 52 – paragraph 1 a (new): 18 a. In Article 52, the following paragraph is inserted: / “1a. The competent institutions shall calculate and award the benefit due within three months of submission of a request for an award.”
Added:(a) paragraph 1 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his or her entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one.’;
Removed:Article 1 – paragraph 1 – point 19, Article 61 – paragraph 1: 1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least one month of insurance, employment, or self-employment in accordance with the legislation under which the benefits are claimed.
Added:(b) paragraph 3 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment or long-term care benefits’;
Removed:Article 1 – paragraph 1 – point 19, Article 61 – paragraph 2: 2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, employment or self-employment in that Member State is less than one month that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a.
Added:(18) in Article 26, paragraph 4 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘4. At any time during the procedure granting the authorisation, the competent institution shall retain the right to have the insured person examined by a doctor or a qualified person, in accordance with national law or practice, of its own choice in the Member State of residence or stay.’;
Removed:Article 1 – paragraph 1 – point 20 – point a, Article 64 – paragraph 1 – point c: (a) In paragraph 1, point (c) is replaced by the following: / “(c) entitlement to unemployment benefits shall be maintained until their expiry;”
Added:(19) in Article 31, paragraph 2 is replaced by the following:
Removed:Regulation (EC) No 883/2004
Added:‘2. The competent institution shall also inform the institution of the place of residence or stay about the payment of long-term care benefits in cash where the legislation applied by the latter institution provides for the long-term care benefits in kind included in the list referred to in Article 33a(1) of the basic Regulation.’;
Removed:Article 1 – paragraph 1 – point 20 – point a a (new), Article 64 – paragraph 2: (a a) Paragraph 2 is deleted;
Added:(20) in Article 32, paragraph 1 is replaced by the following:
Added:‘1. Where a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of that exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation.’;
Removed:Regulation (EC) No 883/2004
Added:(21) ▌ in Article 43, paragraph 3 is replaced by the following:
Removed:Article 1 – paragraph 1 – point 20 – point b, Article 64 – paragraph 3: (b) Paragraph 3 is deleted
Added:‘3. The institution of each Member State shall calculate, under its applicable legislation, the amounts due that correspond to periods of voluntary or optional continued insurance which, under Article 53(3), point (c), of the basic Regulation, are not subject to another Member State’s rules relating to withdrawal, reduction or suspension.’;
Removed:Regulation (EC) No 883/2004
Added:(22) in Article 54, paragraph 1 is replaced by the following:
Removed:Article 1 – paragraph 1 – point 23 a (new), Article 71 – paragraph 1: 23 a. In Article 71, paragraph 1 is replaced by the following: / 1. The Administrative Commission for the Coordination of Social Security Systems (hereinafter called "the Administrative Commission") attached to the European Commission shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the European Commission, a representative of the European Parliament and, where appropriate, representatives of the social partners as well as beneficiaries, including representatives of disability organisations shall attend the meetings of the Administrative Commission in an advisory capacity.
Added:‘1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to Article 60a of the basic Regulation. Without prejudice to the underlying obligations of the institutions involved, the person concerned may submit to the competent institution a document issued by the institution of the Member State to whose legislation he or she was subject in respect of his or her last activity as an employed or self-employed person specifying the periods completed under that legislation.’;
Added:(23) the following article is inserted:
Removed:Regulation (EC) No 883/2004
Added:‘Article 54a
Removed:Article 1 – paragraph 1 – point 25, Article 76 a – paragraph 1 – indent 4: – the withdrawal of the document: / – when its accuracy and validity is contested by the competent institution of the Member State of employment; / – when the issuing institution fails to respond within the specified deadline.
Added:Procedures for the application of Article 61(2) of the basic Regulation
Removed:Regulation (EC) No 883/2004
Added:1. In the situation referred to in Article 61(2) of the basic Regulation, the unemployed person shall register as a person seeking work with the employment services of the Member State of the most recent period of insurance, employment or self-employment and shall submit a claim for benefits to the institution of that Member State. If the claim is submitted to the institution of the Member State referred to in Article 61(2) of the basic Regulation, that institution shall immediately forward the claim to the institution of the Member State of the most recent period of insurance, employment or self-employment for investigation. The date on which the initial claim was submitted shall apply to all institutions concerned.
Removed:Article 1 – paragraph 1 – point 27, Article 88: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)
Added:2. Following the investigation of the claim by the institution of the Member State of the most recent period of insurance, employment or self-employment, if it is determined that the unemployed person does not satisfy the conditions for aggregation referred to in Article 61(1) of the basic Regulation, and it is evident from the information available to it that the unemployed person completed the necessary period to be entitled to receive benefits pursuant to Article 61(2) of the basic Regulation, it shall immediately send a document to the institution of the Member State referred to in that provision. If it is not evident that the unemployed person completed the period necessary to receive benefits pursuant to Article 61(2) of the basic Regulation, the institution of the Member State of the most recent period of insurance, employment or self-employment shall contact the institution of the Member State referred to in that provision prior to sending the document, in order to determine whether the period specified therein was completed in that Member State.
Removed:Regulation (EC) No 987/2009
Added:3. The document referred to in paragraph 2 shall include necessary information on the situation of the unemployed person. The Administrative Commission shall determine the format and content of the document.’;
Removed:Article 2 – paragraph 1 – point 4, Article 1 – paragraph 2 – point ea: (ea) ‘fraud’ means any intentional act or omission to act, causing prejudice to institutions in order to obtain or receive social security benefits or to avoid paying social security contributions or to circumvent the membership rules of a Member State’s social security scheme, contrary to the law of the Member State, the basic Regulation or the Implementing regulation
Added:(24) Article 55 is amended as follows:
Removed:Regulation (EC) No 987/2009
Added:(a) paragraph 1 is replaced by the following:
Removed:Article 2 – paragraph 1 – point 5, Article 2 – paragraph 5: 5. When a person’s rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to provide personal data about that person, while fully complying with privacy requirements. The request and any response shall be confined to information which enables the competent Member State to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case. The request for information and any response must be substantiated, necessary, and proportionate.
Added:‘1. In order to be covered by Article 64, Article 64a(2) or Article 65(4) of the basic Regulation, an unemployed person going to another Member State shall inform the competent institution prior to his or her departure and shall request a document certifying that he or she retains his or her entitlement to benefits under the conditions laid down in Article 64(1), point (b), of the basic Regulation.’;
Removed:Regulation (EC) No 987/2009
Added:(b) paragraphs 4 and 5 are replaced by the following:
Removed:Article 2 – paragraph 1 – point 7 a (new), Article 6 – paragraph 3: 7 a. In Article 6, paragraph 3 is replaced by the following: / 3. Where no agreement is reached between the institutions or authorities concerned within three months of the date on which the difference of views arises, the matter shall be brought before the Administrative Commission by the competent authorities no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arose. The Administrative Commission shall seek to reconcile the points of view within six months of the date on which the matter was brought before it.
Added:‘4. The institution in the Member State to which the unemployed person has gone shall immediately send a document to the competent institution containing the date on which the unemployed person registered with the employment services and his or her new address.
Added:If, in the period during which the unemployed person remains entitled to benefits, any circumstance likely to affect the entitlement to benefits arises, the institution in the Member State to which the unemployed person has gone shall immediately send to the competent institution and to the person concerned a document containing the relevant information.
Removed:Regulation (EC) No 987/2009
Added:The institution in the Member State to which the unemployed person has gone shall provide relevant information on a monthly basis concerning the follow-up to the unemployed person’s situation, in particular whether he or she is still registered with the employment services and is complying with organised checking and activation or job placement procedures.
Removed:Article 2 – paragraph 1 – point 7 b (new), Article 7 – paragraph 1 a (new): 7 b. In Article 7, the following paragraph is inserted: / “1a. The provisional calculation of a benefit or contribution referred to in paragraph 1 shall be made no later than one month after the submission of the request by the person concerned.”
Added:5. The institution in the Member State to which the unemployed person has gone shall carry out or arrange for checks to be carried out, as if the person concerned were an unemployed person obtaining benefits under its own legislation. Where necessary, it shall immediately inform the competent institution if any circumstances likely to affect the unemployed person’s entitlement to benefits, such as the resumption of work, arise.’;
Removed:Regulation (EC) No 987/2009
Added:(c) paragraph 7 is replaced by the following:
Removed:Article 2 – paragraph 1 – point 7 c (new), Article 11 – paragraph 1: 7 c. In Article 11, paragraph 1 is replaced by the following: / 1. Where there is a difference of views between the institutions of two or more Member States about the determination of the residence of a person to whom the basic Regulation applies, these institutions shall, no later than three months after the difference of views arises, establish by common agreement the centre of interests of the person concerned, based on an overall assessment of all available information relating to relevant facts, which may include, as appropriate:
Added:‘7. Paragraphs 2 to 6 of this Article shall apply mutatis mutandis to the situations covered by Article 64a(1) of the basic Regulation.’;
Added:(25) Article 56 is amended as follows:
Removed:Regulation (EC) No 987/2009
Added:(a) the following paragraph is inserted:
Removed:Article 2 – paragraph 1 – point 11, Article 19 – paragraph 4: 4. Where necessary for the exercise of legislative powers at national or Union level, relevant information regarding the social security rights and obligations of the persons concerned shall be exchanged directly between the competent institutions and the labour inspectorates, immigration or tax authorities of the States concerned, without in any way infringing privacy requirements. This may include the processing of personal data for purposes other than the exercise or enforcement of rights and obligations under the basic Regulation and this Regulation, solely to ensure compliance with relevant legal obligations in the fields of labour, health and safety, immigration and taxation law. Further details shall be laid down by decision of the Administrative Commission.
Added:“-1. The competent institution shall inform wholly unemployed persons as referred to in Article 65(1), Article 65(2), third subparagraph, and in Article 65(3), of the basic Regulation of their rights and obligations and shall provide them with documents which include all necessary information related to the receipt of unemployment benefits in accordance with the relevant legislation. The relevant institutions shall provide each other with the information necessary to support the job-seeking activities of unemployed persons who reside in a Member State other than the competent Member State and shall inform each other of the applicable control procedures and conditions and the employment service to which those persons are to make themselves available. The institution of the Member State of residence shall, upon request of the competent institution, immediately inform the competent institution of any circumstances of which it is aware and which are likely to affect the entitlement to benefits, in particular if a wholly unemployed person has taken up employment or has become self-employed in the Member State of residence.”;
Removed:Regulation (EC) No 987/2009
Added:(b) paragraph 1 is replaced by the following:
Removed:Article 2 – paragraph 1 – point 26 a (new), Article 67 – paragraph 5: (26a) Article 67 paragraph 5 is replaced by the following: / 5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 12 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period.
Added:‘1. Where, pursuant to Article 65(6) of the basic Regulation, an unemployed person decides to make him or herself available to the employment services in the Member State not providing the benefits in addition to the Member State providing the benefits, by registering there as a person seeking work, he or she shall inform the institution and the employment services of the Member State providing the benefits.
Added:Where requested by the employment services of the Member State not providing the benefits, the employment services in the Member State that is providing the benefits shall send the relevant information concerning the unemployed person’s registration and his or her search for work.
Removed:The current time period of 18 month should be reduced to 12 month in order to lessen the cost pressure on the liaison body pre-financing a benefit.
Added:The employment services of the Member State not providing the benefits shall also, upon the request of the competent institution, immediately inform the competent institution of any circumstances of which they are aware and which are likely to affect the entitlement to benefits, in particular, if the wholly unemployed person has taken up employment or has become self-employed in the Member State of residence.’;
Removed:Regulation (EC) No 987/2009
Added:(c) paragraph 3 is deleted;
Removed:Article 2 – paragraph 1 – point 40 a (new), Article 89 – paragraph 1 a (new): 40 a. In Article 89, the following paragraph is inserted: / ‘1a. The institutions of the competent authorities shall make available to citizens upon request a copy of their personal file, together with concise and tailored information on the rules determining the competent authorities and their rights and entitlements under the basic Regulation and under the implementing Regulation.’
Added:(26) the following article is inserted:
Added:‘Article 56a
Added:Enhanced measures of support and cooperation for unemployed persons who resided in a Member State other than the competent Member State
Added:1. The competent authorities or competent institutions of two or more Member States shall cooperate and may agree specific procedures and time-limits concerning the follow-up to the unemployed person’s situations as well as other measures to facilitate the job-seeking activities of unemployed persons who reside in a Member State other than the competent Member State.
Added:2. The Member States concerned shall ensure that unemployed persons referred to in Article 65 of the basic Regulation have access in each of their territories to the European network of employment services (EURES), and to the support services in cross-border regions, where available, in accordance with Regulation (EU) 2016/589 of the European Parliament and of the Council*.
Added:________________________
Added:* Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).’;
Added:(27) in Article 57, the title is replaced by the following:
Added:‘Provisions for the application of Articles 60a, 61, 62, 64 and 65 of the basic Regulation regarding persons covered by a special scheme for civil servants”;
Added:(28) in Article 64(1), the first indent is replaced by the following:
Added:" - the index (i = 1, 2, 3 and 4) represents the four age groups used for calculating the fixed amounts:
Added:i = 1: persons aged under 65,
Added:i = 2: persons aged from 65 to 74,
Added:i = 3: persons aged from 75 to 84,
Added:i = 4: persons aged 85 and over,";
Added:(29) Article 65 is replaced by the following:
Added:"Article 65
Added:Notification of annual average costs
Added:1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question.
Added:2. The annual average costs notified pursuant to paragraph 1 shall be published each year in the Official Journal of the European Union, after approval by the Administrative Commission.
Added:3. Where a Member State is unable to notify the annual average costs for a specific year by the deadline referred to in paragraph 1, it shall, by the same deadline, request authorisation of the Administrative Commission and of the Audit Board to use the annual average costs for that Member State as published in the Official Journal of the European Union for the year preceding the specific year for which notification is outstanding. When requesting such authorisation, the Member State shall explain the reasons why it is unable to notify the annual average costs for the year in question. If the Administrative Commission, having considered the opinion of the Audit Board, approves the request of the Member State, the annual average costs for the year preceding the year for which notification is outstanding shall be republished in the Official Journal of the European Union.
Added:4. Authorisation pursuant to paragraph 3 shall not be granted in two consecutive years.";
Added:(30) in Article 66, paragraph 2 is replaced by the following:
Added:‘2. The reimbursements between the institutions of the Member States provided for by Articles 35 and 41 of the basic Regulation shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and 41 of the basic Regulation. Mutual claims may be off-set between the liaison bodies.’;
Added:(31) Article 67 is amended as follows:
Added:(a) paragraph 3 is replaced by the following:
Added:‘3. With regard to Article 6(5), second subparagraph, and to Article 73(2), of the implementing Regulation, the period set out in paragraphs 1 and 2 of this Article shall not start before the competent institution has been identified.’;
Added:(b) paragraph 7 is replaced by the following:
Added:‘7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within nine months following the month in which the matter was referred to it.’;
Added:(32) in Article 68, paragraph 2 is replaced by the following:
Added:‘2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus two percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due.’;
Added:(33) Article 70 is deleted;
Added:(34) in Article 72, paragraph 1 is replaced by the following:
Added:‘1. Unless otherwise provided for in Article 73 of the implementing Regulation, if the institution of a Member State has paid undue benefits to a person, that institution may, within the terms and limits laid down in the legislation it applies, request the institution of any other Member State responsible for paying benefits to the person concerned to deduct the undue amount from arrears or on-going payments owed to the person concerned regardless of the social security branch under which the benefit is paid. The institution of the latter Member State shall deduct the amount concerned subject to the conditions and limits applying to this kind of offsetting procedure in accordance with the legislation it applies in the same way as if it had made the overpayments itself, and shall transfer the amount deducted to the institution that has paid undue benefits.’;
Added:(35) Article 73 is replaced by the following:
Added:“Article 73
Added:Settlement of undue benefits in cash and in kind and contributions ▌ in the case of a retroactive change of the applicable legislation or other situations where an institution was not competent
Added:1. In the event of a retroactive change of the applicable legislation, including situations referred to in Article 6(4) and (5) of the implementing Regulation, as well as in other cases where an institution which was not competent paid or provided benefits unduly or received contributions unduly, that institution shall draw up a statement of the amount paid or received and shall send it to the institution identified as being competent for the purpose of reimbursement, within six months of the determination of the change in the applicable legislation or of the identification of the institution responsible for granting the benefits or receiving the contributions.
Added:2. Benefits in kind ▌ shall be reimbursed by the institution identified as being competent in accordance with Articles 66 to 68 of the implementing Regulation.
Added:3. The institution identified as being competent for paying the cash benefits shall deduct the amount it has to reimburse to the institution which was not competent or only provisionally competent from the arrears of the corresponding benefits it owes to the person concerned and shall ▌ transfer the amount deducted to the latter institution without delay.
Added:If the amount of unduly paid benefits exceeds the amount of arrears payable by the institution identified as being competent, or if arrears do not exist, the institution identified as being competent shall deduct this amount from ongoing payments subject to the conditions and limits ▌ under the legislation it applies, and without delay transfer the amount deducted to the institution which paid the cash benefits unduly, for the purpose of their reimbursement.
Added:4. The institution which unduly received contributions from a natural or legal person shall not reimburse the amounts in question to the person who paid them until that institution has ascertained the amounts in question from the institution identified as being competent.
Added:Upon the request of the institution identified as being competent, which shall be made at the latest three months after it has received the statement of the amount paid or received, the institution that ▌ received contributions unduly shall transfer those contributions to the institution identified as being competent for that period for the purpose of settling the situation concerning the contributions owed by the natural or legal person to it. The contributions transferred shall be deemed to have been paid retroactively to the institution identified as being competent.
Added:If the amount of contributions received unduly exceeds the amount that the natural or legal person owes to the institution identified as being competent, the institution which received contributions unduly shall reimburse the amount in excess to the natural or legal person concerned, calculated in accordance with national law.
Added:5. The existence of time limits under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
Added:6. In the case of a procedure under Article 5(5) or Article 6(3) of the implementing Regulation, this Article shall not apply to claims ▌ which are older than 36 months at the date on which the procedure ▌ was commenced.
Added:7. Two or more Member States may agree on specific provisions and procedures that are different from those provided in paragraphs 1 to 6 of this Article and may, in relation to benefits in kind, apply Article 35(3) of the basic Regulation, provided that those provisions and procedures are not to the disadvantage of the persons concerned.
Added:8. The Administrative Commission shall lay down the detailed arrangements for applying this Article.”;
Added:(36) Article 75 is amended as follows:
Added:(a) in paragraph 1, the following indent is added:
Added:‘- the date on which the claim is due’ means the date by which the debt should have been paid pursuant to the legislation of the Member State of the applicant party.’;
Added:(b) paragraph 3 is deleted;
Added:(c) the following paragraph is added:
Added:"4. Where a refund of social security contributions relates to a person who resides or stays in another Member State, the Member State from which the refund is to be made may, in accordance with Article 2(2) of the implementing Regulation, inform the Member State of residence or stay of the upcoming refund, without having first received a prior request to do so.";
Added:(37) Article 77 is replaced by the following:
Added:‘Article 77
Added:Notification
Added:1. The requested party shall, at the request of the applicant party and in accordance with the rules in force for the notification of similar instruments or decisions in its own Member State, notify the addressee of all instruments and decisions, including those of a judicial nature, which come from the Member State of the applicant party and which relate to a claim or to its recovery.
Added:2. The request for notification shall be accompanied by a standard form containing at least the following information and the instrument or decision to be notified:
Added:(a) the name, address and other data relevant to the identification of the addressee;
Added:(b) the purpose of the notification and the period within which notification is to be carried out;
Added:(c) a description of the instrument or decision to be notified and the nature and amount of the claim concerned;
Added:(d) the name, address and other contact details regarding:
Added:(i) the office responsible with regard to the instrument or decision to be notified; and
Added:(ii) where different from the office referred to in point (i), the office where further information can be obtained concerning the notification or concerning the procedure for contesting the payment obligation.
Added:3. The requested party shall, without delay, inform the applicant party of the action taken on its request for notification and, in particular, the date on which the decision or instrument was forwarded to the addressee.
Added:4. The applicant party shall make a request for notification pursuant to this Article only where it is unable to notify in accordance with the rules governing the notification of the document concerned in its Member State, or where such notification would give rise to disproportionate difficulties.
Added:5. The requested party shall ensure that notification in the Member State of the requested party is carried out in accordance with the national laws, regulations and administrative practices in force in the Member State of the requested party.
Added:6. Paragraph 5 shall be without prejudice to any other form of notification made by an authority of the Member State of the applicant party in accordance with the rules in force in that Member State. An authority in the Member State of the applicant party may notify any document directly by registered mail or electronically to a person within the territory of another Member State.’;
Added:(38) Article 78 is amended as follows:
Added:(a) paragraph 1 is replaced by the following:
Added:"1. At the request of the applicant party, the requested party shall recover claims which are the subject of an instrument permitting enforcement in the Member State of the applicant party. Any request for recovery shall be accompanied by a uniform instrument permitting enforcement by the Member State of the requested party.’;
Added:(b) in paragraph 2, point (b) is deleted;
Added:(c) paragraphs 3 and 4 are replaced by the following:
Added:“3. Before the applicant party makes a request for recovery, appropriate recovery procedures available in the Member State of the applicant party shall be applied, except in the following situations:
Added:(a) where it is obvious that there are no assets for recovery in the Member State of the applicant party or that such procedures will not result in the payment in full of the claim, and the applicant party has specific information indicating that the person concerned has assets in the Member State of the requested party;
Added:(b) where recourse to such procedures in the Member State of the applicant party would give rise to disproportionate difficulty.
Added:Where a requested party receives a request for recovery from an applicant party, the applicant party shall, at the request of the requested party, provide any additional information which would be necessary to the requested party in the recovery of the claim. The applicant party shall not be obliged to supply the information specified in Article 76(3) of the implementing Regulation.
Added:4. The request for recovery shall also contain a declaration by the applicant party confirming that the conditions laid down in paragraphs 2 and 3 have been fulfilled.’;
Added:(d) the following paragraph is added:
Added:"6. The request for recovery of a claim may be accompanied by other documents relating to the claim issued in the Member State of the applicant party.";
Added:(39) Articles 79 to 82 are replaced by the following
Added:"Article 79
Added:Instrument permitting enforcement of the recovery
Added:1. The uniform instrument permitting enforcement in the Member State of the requested party shall reflect the substantive content of the initial instrument permitting enforcement, and shall constitute the sole basis for the recovery and precautionary measures taken in the Member State of the requested party. It shall not be subject to any act of recognition, supplementing or replacement in that Member State.
Added:2. The uniform instrument permitting enforcement shall include:
Added:(a) the name, address and any other relevant information relating to the identification of the natural or legal person concerned or to the third party holding his or her assets;
Added:(b) the name, address and any other relevant information regarding the office responsible for the assessment of the claim, and, if different, the office where further information can be obtained concerning the claim or the possibilities for contesting the payment obligations;
Added:(c) information relevant to the identification of the instrument permitting its enforcement, issued in the Member State of the applicant party;
Added:(d) a description of the claim, including its nature, the period covered by the claim, the date on which the claim is due and any other relevant dates with regard to the enforcement process and the amount of the claim, including the principal, any interest, fines, administrative penalties and all other charges and costs due indicated in the currencies of the Member States of the applicant and requested parties;
Added:(e) the date of notification of the instrument to the addressee by the applicant party or by the requested party;
Added:(f) the date from which and the period during which enforcement is possible under the laws in force in the Member State of the applicant party;
Added:(g) any other relevant information. ▌
Added:Article 80
Added:Payment arrangements and deadlines
Added:1. Claims shall be recovered in the currency of the Member State of the requested party. Subject to Article 85(1a), the requested party shall remit the entire amount of the claim that it recovers to the applicant party.
Added:In remitting the amount of the claim to the applicant party, the requested party shall also provide relevant information relating to the identification of the natural or legal person concerned as referred to in Article 79(2) of the implementing Regulation.
Added:2. The requested party may, where the laws, regulations or administrative provisions in force in its own Member State so permit, allow the debtor time to pay or authorise payment by instalments. Any interest charged by the requested party in respect of such extra time to pay shall also be remitted to the applicant party. The requested party shall subsequently inform the applicant party of any such decision.
Added:From the date on which the recovery request is received, the requested party shall charge interest for late payment in accordance with the laws, regulations and administrative provisions in force in the Member State of the requested party.
Added:Article 81
Added:Contestation concerning the claim or the instrument permitting enforcement of its recovery and contestation concerning enforcement measures
Added:1. If, in the course of the recovery procedure, the claim, the initial instrument permitting enforcement in the Member State of the applicant party, the uniform instrument permitting enforcement in the Member State of the requested party or the validity of a notification made by an authority in the Member States of the applicant party are contested by an interested party, the action shall be brought by that interested party before the appropriate authorities of the Member State of the applicant party, in accordance with the laws in force in that Member State. The applicant party shall notify the requested party of this action without delay. The interested party may also inform the requested party of the action.
Added:2. As soon as the requested party has received the notification or information referred to in paragraph 1 from the applicant party or from the interested party, it shall suspend the enforcement procedure pending the decision of the appropriate authority in the matter, unless the applicant party makes a request to recover the claim in accordance with the second subparagraph of this paragraph. Without prejudice to Article 84 of the implementing Regulation, the requested party may take precautionary measures to guarantee recovery of the claim insofar as the laws or regulations in force in its Member State allow such action for similar claims.
Added:Notwithstanding the first subparagraph, the applicant party may, in accordance with the laws, regulations and administrative practices in force in its own Member State, submit a reasoned request to the requested party to recover a contested claim, in so far as the relevant laws, regulations and administrative practices in force in the Member State of the requested party provide for such action If the result of the contestation is subsequently favourable to the debtor, the applicant party shall be liable for the reimbursement of any sums recovered, together with any compensation due, in accordance with the legislation in force in the Member State of the requested party.
Added:3. Where the contestation concerns enforcement measures taken in the Member State of the requested party, or the validity of the notification made by an authority of the requested party, the action shall be brought before the appropriate authority of that Member State in accordance with its laws and regulations.
Added:Article 81a
Added:Withdrawals and amendments
Added:1. The applicant party shall inform the requested party immediately of any subsequent amendment to its request for recovery or of the withdrawal of its request, indicating the reasons for such an amendment or withdrawal.
Added:2. If the amendment to the request is based on a decision of the appropriate authority referred to in Article 81(1), the applicant party shall communicate to the requested party the decision, together with a revised uniform instrument permitting enforcement in the Member State of the requested party. The requested party shall proceed with further recovery measures on the basis of the revised instrument.
Added:Recovery or precautionary measures that were already taken on the basis of the original uniform instrument permitting enforcement in the Member State of the requested party may be continued on the basis of the revised instrument, unless an amendment to the request is due to the invalidity of the initial instrument permitting enforcement in the Member State of the applicant party or of the original uniform instrument permitting enforcement in the Member State of the requested party.
Added:Articles 79 and 81 shall apply in relation to the revised instrument.
Added:3. If the request is amended for a reason other than one referred to in paragraph 2 and such an amendment includes a reduction in the amount of the claim, the requested party shall continue any recovery or precautionary measures already undertaken, which shall be limited to the amount of the claim still outstanding.
Added:Article 82
Added:Limits applying to assistance
Added:1. Without prejudice to the competence to grant the assistance, the requested party shall not be obliged:
Added:(a) to grant the assistance provided for in Articles 78 to 81 of the implementing Regulation if recovery of the claim would, because of the situation of the debtor, create serious economic or social difficulties in the Member State of the requested party, insofar as the laws, regulations or administrative practices in force in the Member State of the requested party allow such action for similar national claims;
Added:(b) to grant the assistance provided for in Articles 76 to 81 of the implementing Regulation, if the initial request under Article 76, 77 or 78 of the implementing Regulation applies to claims that are more than five years old, from the date on which the claim is due in the Member State of the applicant party to the date of the initial request for assistance.
Added:With regard to point (b), if the claim or the initial instrument permitting enforcement in the Member State of the applicant party is contested, the five-year period shall begin from the date on which it is no longer possible to contest the claim or the instrument permitting recovery.
Added:Moreover, where a postponement of the deadline for payment or an instalment plan is accepted by the authorities of the Member State of the applicant party, the five-year period shall begin from the date on which the entire payment period has come to an end.
Added:However, in such cases the requested party shall not be obliged to grant the assistance in respect of claims which are more than 10 years old, calculated from the date on which the claim is due in the Member State of the applicant party.
Added:2. The requested party shall inform the applicant party of the grounds for refusing a request for assistance.";
Added:(40) Article 84 is replaced by the following:
Added:"Article 84
Added:Precautionary measures
Added:1. Upon the reasoned request of the applicant party, the requested party shall take precautionary measures ▌ in accordance with the national law and administrative practice in force in its Member State, to ensure recovery where a claim or the instrument permitting enforcement in the Member State of the applicant party is contested at the time when the request is made, or where the claim is not yet the subject of an instrument permitting enforcement in the Member State of the applicant party, in so far as precautionary measures would also be possible, in a similar situation, under the national law and administrative practices of the Member State of the applicant party.
Added:The document drawn up for permitting precautionary measures in the Member State of the applicant party and relating to the claim for which mutual assistance is requested, if any, shall be attached to the request for precautionary measures in the Member State of the requested party. That document shall not be subject to any act of recognition, supplementing or replacement in the Member State of the requested party.
Added:2. The request for precautionary measures may be accompanied by other documents relating to the claim, issued in the Member State of applicant party.
Added:3. For the purpose of implementing paragraph 1 of this Article, the provisions and procedures laid down in Articles 78, 79, 81 and 82 of the implementing Regulation shall apply mutatis mutandis.";
Added:(41) in Article 85, paragraph 1 is replaced by the following:
Added:"1. The requested party shall recover from the natural or legal person concerned and retain any costs it incurs that are linked to recovery, in accordance with the laws and regulations that apply to similar claims in the Member State of the requested party.
Added:1a. Where the costs linked to recovery cannot be recovered from the debtor in addition to the amount of the claim, those costs shall be deducted from any amount which was actually recovered or, where this is not possible, shall be reimbursed by the applicant party. The applicant party and the requested party may agree on a reimbursement arrangement specific to the case, or may agree to waive the reimbursement of such costs.";
Added:(42) the following article is inserted:
Added:"Article 85a
Added:Presence in administrative offices and participation in administrative enquiries
Added:1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section:
Added:(a) be present in the offices where the administrative authorities of the Member State of the requested party carry out their duties;
Added:(b) be present during administrative enquiries carried out in the territory of the Member State of the requested party;
Added:(c) assist the competent officials of the Member State of the requested party during court proceedings in that Member State.
Added:2. In so far as it is permitted under the legislation in force in the Member State of the requested party, the agreement referred to in paragraph 1 may provide for officials of the Member State of applicant party to interview individuals and examine records.
Added:3. Officials authorised by the applicant party shall, when acting pursuant to paragraph 1 or 2, hold written authority stating their identity and their official capacity.";
Added:(43) Article 86 is deleted;
Added:(44) the following article is inserted:
Added:‘Article 86a
Added:Power to adopt implementing acts
Added:1. The Commission shall, by means of implementing acts, further specify the procedure for recovery. Those implementing acts shall establish:
Added:(a) practical arrangements needed for the application of this section as regards the sending of information and documents or decisions by electronic means to the person concerned in accordance with Article 4;
Added:(b) the format of the uniform instrument referred to in Article 79;
Added:(c) the information to be given by the requested party to the applicant party about the state of progress or outcome of the request and the applicable time frame in that respect;
Added:(d) the measures to be taken by the institutions concerned in the case of an amendment or withdrawal of the claim which is the subject of a request for recovery;
Added:(e) further detailed rules needed for implementing Article 75(2), Articles 76, 77, 78, 79, 80 and 81, Article 82(1), Article 83(1), second subparagraph, and Articles 84, 85 and 85a; and
Added:(f) the determination of a minimum threshold for the amounts for which a request for recovery can be made.
Added:2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88c(2) of the basic Regulation.’;
Added:(45) Article 87 is amended as follows:
Added:(a) paragraph 4 is replaced by the following:
Added:‘4. Paragraphs 2 and 3 shall also apply in determining or checking the state of dependence of a recipient or a claimant of the long-term care benefits mentioned in Article 1(vb) of the basic Regulation.";
Added:(b) paragraph 6 is replaced by the following:
Added:"6. As an exception to the principle of free-of-charge mutual administrative cooperation in Article 76(2) of the basic Regulation, the effective amount of the expenses of the checks referred to in paragraphs 1 to 5 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them. However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits for its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence. ▌";
Added:(46) the following article is inserted:
Added:‘Article 87a
Added:Evaluation
Added:By [5 years after the date of entry into force of the amending Regulation], the Commission shall carry out an evaluation on compliance with the time-limits referred to in Title II of the implementing Regulation and on the implementation of the rules in Article 14(5a) of that Regulation.
Added:In its evaluation, the Commission shall also assess whether it is appropriate to extend the scope of long-term care benefits pursuant to the basic Regulation so as to cover work-related benefits.
Added:The Commission shall submit a report setting out the results of its evaluation to the European Parliament, the Council and the Economic and Social Committee. Member States shall provide the Commission with necessary information for the preparation of this report.’;
Added:(47) in Article 89, paragraph 3 is deleted;
Added:(48) Article 92 is deleted;
Added:(49) Article 93 is replaced by the following:
Added:‘Article 93
Added:Transitional provisions
Added:Articles 87, 87a and 87b of the basic Regulation shall apply to the situations covered by the implementing Regulation..
Added:(50) the following article is inserted:
Added:“Article 94a
Added:Transitional provisions relating to unemployment benefits
Added:1. Articles 56 and 70 and Annex 5, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to unemployment benefits for which applications are submitted before the relevant dates of application as set out in Article 97, second paragraph, point (2), and third and fourth paragraphs.
Added:2. Article 73, in the version in force before … [date of entry into force of the amending Regulation] shall continue to apply to settlements of claims which started before … [24 months after the date of entry into force of the amending Regulation].
Added:3. Section 3 of Chapter III of Title IV, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to requests and contestations made before … [24 months after the date of entry into force of the amending Regulation].”;
Added:(51) Article 96 is amended as follows:
Added:(a) in paragraph 1, second subparagraph, the introductory wording is replaced by the following:
Added:‘However, with the exception of Article 107, Regulation (EEC) No 574/72 shall remain in force and continue to have legal effect for the purposes of: ▌’;
Added:(b) the following paragraph is inserted:
Added:"1a For the purposes of the legislation referred to in paragraph 1 of this Article, the rules on currency conversion shall be governed by Article 90. ▌";
Added:(52) Article 97 is replaced by the following:
Added:‘Article 97
Added:Entry into force and application
Added:This Regulation shall be published in the Official Journal of the European Union. It shall enter into force on 1 May 2010.
Added:Notwithstanding the first paragraph, the following dates of application shall apply:
Added:(1) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from that date:
Added:(a) Article 1(2);
Added:(b) Article 2(2a), (5) and (6);
Added:(c) Article 3(3);
Added:(d) Article 19(2) and (3);
Added:(e) Article 26(4);
Added:(f) Article 43(3);
Added:(g) Article 65;
Added:(h) Article 66(2);
Added:(i) Article 68(2);
Added:(j) Article 75(1), (3) and (4);
Added:(k) Articles 85a, 86 and 86a;
Added:(l) Article 87(4) and (6);
Added:(m) Article 87c;
Added:(n) Article 89(3);
Added:(o) Articles 92 and 93 and 94a;
Added:(p) Article 96(1) and (1a);
Added:(q) Annex 1;
Added:(2) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from … [24 months after the date of entry into force of the amending Regulation]:
Added:(a) Article 5(2) to (5);
Added:(b) Article 14(1), (1a), (3), (5a), (10) and (12);
Added:(c) Article 15;
Added:(d) Article 16(1), (2), (3) and (5);
Added:(e) Article 19a;
Added:(f) Article 20(3) and (4);
Added:(g) Article 25(1) and (3);
Added:(h) Article 31(2);
Added:(i) Article 32(1);
Added:(j) Article 54(1);
Added:(k) Article 54a;
Added:(l) Article 55(1), (4), (5) and (7);
Added:(m) Article 56(-1), (1) and (3);
Added:(n) Article 56a;
Added:(o) Article 67(3) and (7);
Added:(p) Article 70;
Added:(q) Article 72(1);
Added:(r) Articles 73 and 77;
Added:(s) Article 78(1) to (4) and (6);
Added:(t) Articles 79 to 82 and Article 84;
Added:(u) Article 85(1) and (1a);
Added:(v) Annexes 5 and 6;
Added:(3) Article 64, in the version in force from … [date of entry into force of the amending Regulation], shall apply from 1 January … [the calendar year following the calendar year in which the amending Regulation enters into force].
Added:Notwithstanding the second paragraph, points (1) and (2), of this Article, with regard to persons for whom, during their last activity as an employed or self-employed person, Luxembourg was the competent Member State, Articles 56 and 70 and Annex 5, in the version in force before … [date of entry into force of the amending Regulation], shall apply until … [5 years after the date of entry into force of the amending Regulation]. During that timeframe, Article 56a shall not apply to Luxembourg.
Added:Luxembourg may notify the Commission that it is necessary to prolong the timeframe referred to in the third paragraph until … [7 years after the date of entry into force of the amending Regulation]. Such a notification of prolongation shall be made in reasonable time before the end of the timeframe set out in the third paragraph. The notification shall be published in the Official Journal of the European Union.’;
Added:(53) the Annexes to Regulation (EC) No 987/2009 are amended in accordance with the Annex II to this Regulation.
Added:Article 3
Added:Entry into force and date of application
Added:This Regulation shall enter into force on the first day of the month following the date of its publication in the Official Journal of the European Union.
Added:This Regulation shall be binding in its entirety and directly applicable in all Member States.
Added:Done at …,
Added:For the European Parliament For the Council
Added:The President The President
Added:ANNEX I
Added:Amendments to the annexes of Regulation (EC) No 883/2004
Added:The Annexes to Regulation (EC) No 883/2004 are amended as follows:
Added:(1) Annex I is amended as follows:
Added:(a) Part I is amended as follows:
Added:(i) the following section is inserted after the section "BULGARIA":
Added:‘CZECH REPUBLIC
Added:Advance of Maintenance Payments according to the Act on Advance of Maintenance Payments (No 588/2020 Coll.)”;
Added:(ii) the section "ESTONIA" is replaced by the following:
Added:‘ESTONIA
Added:Maintenance allowances under the Family Benefits Act of 1 January 2017";’;
Added:(iii) the section “SLOVAKIA” is replaced by the following:
Added:“SLOVAKIA
Added:Substitute Alimony provided under the Act No 201/2008 Coll. as amended”;”;
Added:(iv) the section “SWEDEN” is replaced by the following:
Added:“SWEDEN
Added:Maintenance support (Chapters 17-19 of the Social Insurance Code) (2010:110);”;
Added:(b) Part II is amended as follows:
Added:(i) the section "LITHUANIA" is replaced by the following:
Added:‘LITHUANIA
Added:Children's Maintenance Payments under the Law on the Children`s Maintenance Payments;’;
Added:(ii) the section “HUNGARY” is deleted;
Added:(iii) the section "POLAND" is replaced by the following:
Added:‘POLAND
Added:Single payment birth grant (Act on Family Benefits)
Added:One-off benefit for the birth of a child who was diagnosed with a severe and irreversible disability or an untreatable life-threatening illness, which originated in the period of prenatal development of the child or during labour;’;
Added:(iv) the section “ROMANIA” is deleted;
Added:(v) the section "SLOVAKIA" is replaced by the following:
Added:‘SLOVAKIA
Added:Childbirth allowance;’;
Added:(vi) the section “FINLAND” is replaced by the following:
Added:‘Maternity package, maternity lump-sum grant and assistance in the form of a lump sum intended to offset the cost of international adoption pursuant to the Maternity Grant Act (477/1993);’;
Added:(vii) the following section is added:
Added:"SWEDEN
Added:Adoption allowance (Chapter 21 of the Social Insurance Code (2010:110)).";
Added:(2) ▌ Annex II is amended as follows:
Added:(a) the sections “DENMARK-FINLAND” and “DENMARK-SWEDEN” are deleted;
Added:(b) the section "GERMANY-AUSTRIA" is replaced by the following:
Added:‘GERMANY-AUSTRIA
Added:Article 14(2), points (g), (h), (i) and (j) of the Convention on social security of 4 October 1995 (determination of competencies between both countries with regard to former insurance cases and acquired insurance periods); the application of that provision remains restricted to the persons covered by it.’
Added:(c) the sections "SPAIN-PORTUGAL and “FINLAND-SWEDEN” are deleted;
Added:(3) in Annex III, the sections "ESTONIA", "SPAIN", "CROATIA", "ITALY", "LITHUANIA", "HUNGARY", "NETHERLANDS", "FINLAND" and "SWEDEN" are deleted.
Added:(4) Annex IV is amended as follows:
Added:(a) the section “ESTONIA” is inserted after “GERMANY";
Added:(b) the section “LATVIA” is inserted after “CYPRUS”;
Added:(c) the section “LITHUANIA” is inserted after "LATVIA”;
Added:(d) the section “MALTA” is inserted after “HUNGARY”;
Added:(e) the section "PORTUGAL" is inserted after "POLAND";
Added:(f) the section "ROMANIA" is inserted after "PORTUGAL";
Added:(g) the section “SLOVAKIA” is inserted after “SLOVENIA”
Added:(h) the section "FINLAND" is inserted after "SLOVAKIA";
Added:(i) the section "UNITED KINGDOM" is added after "SWEDEN";
Added:(5) in Annex VI, the section “FINLAND” is deleted;
Added:(6) in Annex VIII, Part I is amended as follows:
Added:(a) the section “LITHUANIA” is replaced as follows:
Added:‘LITHUANIA
Added:All applications for social insurance widow’s/ widower’s pensions calculated on the basis of the basic amount of widow’s/ widower’s pension (Law on Social Insurance Pensions).’;
Added:(b) in the section “AUSTRIA”, point (g) is replaced by the following:
Added:‘(g) All applications for benefits under the Federal Act of 22 December 2018 on Pension Provision for Austrian Notaries – NVG 2020;
Added:(h) early starter bonus under §§ 262a and 286a of the Allgemeines Sozialversicherungsgesetz (ASVG) (General Social Insurance Act) of 9 September 1955, § 144a of the gewerbliches Sozialversicherungsgesetz (GSVG) (Trade Social Insurance Act) of 11 October 1978, and §135a of the Bauern-Sozialversicherungsgesetz (BSVG) (Farmers’ Social Insurance Act) of 11 October 1978.’;
Added:(7) Annex IX is amended as follows:
Added:(a) Part I is amended as follows:
Added:(i) the following section is added after the section "DENMARK":
Added:‘ESTONIA
Added:Work ability allowance granted under the Work Ability Allowance Act;’;
Added:(ii) the section “FINLAND” is replaced by the following:
Added:‘FINLAND
Added:Spouse's pensions determined according to the transitional rules and awarded prior to 1 January 1994 (Act on Enforcement of the National Pensions Act, 569/2007)
Added:The additional amount of child’s pension when calculating independent benefit according to the National Pension Act (the National Pension Act, 568/2007)’;
Added:(b) in Part II, the section “LITHUANIA” is replaced by the following:
Added:‘LITHUANIA
Added:(a) Social insurance work incapacity pensions, paid under the Law on Social Insurance Pensions
Added:(b) Social insurance widow’s/widower’s and orphans' pensions, calculated on the basis of the work incapacity pension of the deceased person under the Law on Social Insurance Pensions’;
Added:(c) in Part III, the third paragraph is replaced by the following:
Added:“Nordic Convention on social security of 12 June 2012”;
Added:(8) Annex X is amended as follows:
Added:(a) the section "CZECH REPUBLIC" is deleted;
Added:(b) in the section “GERMANY”, point (b) is replaced by the following:
Added:“(b) Bürgergeld, basic provision for jobseekers in accordance with Volume II of the Social Code ▌.";
Added:(c) the section "ESTONIA" is amended as follows:
Added:(i) point (a) is deleted;
Added:(ii) the following point is added:
Added:“(c) Pensioner's living alone allowance (Social Welfare Act of 6 September 2016)”;
Added:(d) the section “LITHUANIA” is replaced by the following:
Added:‘LITHUANIA
Added:(a) Social assistance disability and old age pension (Law of 2005 on Social Assistance Pensions, Article 5 and Article 6);
Added:(b) Relief compensation (Law of 2005 on Social Assistance Pensions, Article 12);
Added:(c) Transport compensation for the disabled who have mobility problems, granted before 2019 according to the Law on Transport Compensation;’;
Added:(e) in the section “HUNGARY”, point (c) is deleted;
Added:(f) the section "AUSTRIA" is replaced by the following:
Added:‘AUSTRIA
Added:(a) Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce — GSVG and Federal Act of 11 October 1978 on Social insurance for farmers — BSVG);
Added:(b) Supplementary allowance (Federal Act of 18 November 1965 on the pension entitlements of federal officials, their survivors and dependents - Pensionsgesetz 1965 (PG 1965); Federal Act on the pension benefits of officials of Austrian Federal Railways – Bundesbahn-Pensionsgesetz (BB-PG); Federal Act of 9 July 1958 on the retirement and pension benefits of Federal theatre employees (Bundestheaterpensionsgesetz (BThPG)).’;
Added:(g) the section “POLAND” is replaced by the following:
Added:‘POLAND
Added:(a) Social pension (Act of 27 June 2003 on social pensions);
Added:(b) Supplementary parental benefit (Act of 31 January 2019 on supplementary parental benefit);
Added:(c) Supplementary benefit for persons unable to live independently (Act of 31 July 2019 on supplementary benefit for persons unable to live independently).’;
Added:(h) the section “PORTUGAL” is amended as follows:
Added:(i) point (a) is replaced by the following:
Added:‘(a) Non-contributory State old-age pension (Decree-Law No 464/80 of 13 October 1980);’;
Added:(ii) the following point is added:
Added:‘(d) The Basic Component and the Supplement of the Social Benefit for Inclusion (Decree-Law Nº 126-A/2017 of 6 October 2017 as amended).’;
Added:(i) the following section is inserted after the section "PORTUGAL":
Added:"ROMANIA
Added:Social allowance for pensioners (Government Emergency Ordinance No 6/2009 establishing minimum guaranteed social pension, endorsed by Law No 196/2009) ▌;";
Added:(j) the section "SLOVENIA" is deleted;
Added:(k) in the section "FINLAND", point (c) is deleted;
Added:(l) the section “SWEDEN” is replaced by the following:
Added:"SWEDEN
Added:(a) Housing supplements for persons receiving a pension (Chapters 99-103 of the Social Insurance Code) (2010:110);
Added:(b) Maintenance support for the elderly (Chapter 74 of the Social Insurance Code) (2010:110);”;
Added:(m) in the section "UNITED KINGDOM", the following points are added:
Added:"(f) Personal Independence Payment mobility component (in Great Britain legislation, Part 4 of The Welfare Reform Act 2012 and in Northern Ireland Legislation, Part 5 of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1));
Added:(g) Best Start Foods payment (Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (SSI 2019/193));
Added:(h) Best Start Grants (pregnancy and baby grant, early learning grant, school-age grant) (The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (SSI 2018/ 370));
Added:(i) Funeral Support Payment (Funeral Expense Assistance (Scotland) Regulations 2019 (SSI 2019/292));
Added:(j) Scottish Child Payment (Scottish Child Payment Regulations 2020 (SSI 2020/XX));
Added:(k) Child Disability Payment mobility component (The Disability Assistance for Children and Young People (Scotland) Regulations 2021 (SSI 2021/174));
Added:(l) Adult Disability Payment mobility component (Social Security (Scotland) Act 2018 (“SS(S)A”)) and the Disability Assistance for Working Age People (Scotland) Regulations 2022;
Added:(m) Pension Age Winter Heating Payment (The Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025);
Added:(n) Winter Fuel Payment (The Social Fund Winter Fuel Payment Regulations 2025).";
Added:(9) Annex XI is amended as follows:
Added:(a) the section "CZECH REPUBLIC" is replaced by the following:
Added:"CZECH REPUBLIC
Added:1. For the purpose of defining members of the family according to Article 1(i), ‘spouse’ also includes registered partners as defined in the Czech act No 115/2006 Coll., on registered partnership.
Added:2. Notwithstanding Articles 5 and 6 of this Regulation, for the purpose of granting the supplementary benefit in respect of insurance periods completed under the legislation of the former Czech and Slovak Federal Republic, solely the insurance periods completed under the Czech legislation can be taken into account in order to meet the condition of at least one year of Czech pension insurance within the defined period after the date of dissolution of the federation (§ 106a, paragraph 1, letter b) of Act No 155/1995 Col., on pension insurance). ▌";
Added:(b) in the section "GERMANY", point 3 is replaced by the following:
Added:"3. For the purpose of granting cash benefits under §47(1) of SGB V, §47(1) of SGB VII and § 24i of SGB V to insured persons who live in another Member State, German insurance schemes calculate net pay, which is used to assess benefits, as if the insured person lived in Germany, unless the insured person requests an assessment on the basis of the net pay which he or she actually receives. For the purpose of granting parental leave benefit under the Federal Parental Allowance and Parental Leave Act (BEEG) to persons living in another Member State, the competent institution for German parental leave benefit shall calculate the average monthly earned income under §§2c to 2f of the Act, which is used to assess benefits, as if the person lived in Germany. In doing so, if tax bracket IV is applicable under the second sentence of §2e(3) of BEEG because the beneficiary was not classified in any German tax bracket during the assessment period, he or she may request that the parental leave benefit be assessed on the basis of his or her actual net income taxed in the Member State of residence. ▌";
Added:(c) the section "ESTONIA" is replaced by the following:
Added:"ESTONIA
Added:1. For the purpose of calculating parental benefits, periods of employment in Member States other than Estonia shall be considered to be based on the same average amount of Social Tax as paid during the periods of employment in Estonia with which they are aggregated. If during the reference year the person has been employed only in other Member States, the calculation of the benefit shall be considered to be based on the average Social Tax paid in Estonia between the reference year and the maternity leave.
Added:2. For the purpose of calculating pro rata work ability allowance in accordance with Article 52(1), point (b), of this Regulation, the periods of residence completed in Estonia will be taken into account starting from the age of 16 until the contingency occurred. ▌”;
Added:(d) the section “CYPRUS” is replaced by the following:
Added:‘CYPRUS
Added:For the purpose of applying the provisions of Articles 6, 51 and 60a of this Regulation, for any period commencing on or after 6 October 1980, a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period.’;
Added:(e) in the section "MALTA", point (a) is replaced by the following:
Added:‘(a) Solely for the purposes of the application of Articles 49 and 60 of this Regulation, persons employed under the Malta Armed Forces Act (Chapter 220 of the Laws of Malta), the Police Act (Chapter 164 of the Laws of Malta), the Prisons Act (Chapter 260 of the Laws of Malta) and the Civil Protection Act (Chapter 411 of the Laws of Malta) shall be treated as civil servants;’;
Added:(f) in the section "NETHERLANDS", ▌ point 1 is replaced by the following:
Added:‘1. Health care insurance
Added:(a) As regards entitlement to benefits in kind under Dutch legislation, persons entitled to benefits in kind for the purpose of the implementation of Chapters 1 and 2 of Title III of this Regulation shall mean:
Added:(i) persons who are obliged to take out insurance under a health care insurer, according to the Zorgverzekeringswet (Health Care Insurance Act); and
Added:(ii) in so far as they are not already included under point i), persons who are resident in another Member State and who, under this Regulation are entitled to health care in their state of residence, the costs being borne by the Netherlands;
Added:(b) The persons referred to in point 1(a)(i) must, in accordance with the provisions of the Zorgverzekeringswet (Health Care Insurance Act) take out insurance with a health care insurer; and the persons referred to in point 1(a)(ii) must register with the CAK;
Added:(c) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Wet langdurige zorg (Longterm care act) concerning liability for the payment of contributions shall apply to the persons referred to in point (a) and the members of their families. In respect of members of the family, the contributions shall be levied on the person from whom the right to health care is derived;
Added:(d) Persons entitled to benefits in kind by virtue of the legislation of a Member State other than the Netherlands who reside in the Netherlands or stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with the policy offered to insured persons in the Netherlands by the institution of the place of residence or the place of stay, taking into account Article 11(1), (2) and (3) of the Zorgverzekeringswet (Health Care Insurance Act), as well as to benefits in kind provided for by the Wet langdurige zorg (Longterm care act);
Added:(e) Point 1(f), in the version in force before … [date of entry into force of the amending Regulation] shall continue to apply to persons who received a benefit referred to in that provision on this date and who have registered with the CAK.’;
Added:(g) the following section is inserted after the section "AUSTRIA":
Added:"SLOVAKIA
Added:Notwithstanding Article 5 and 6 of this Regulation, for the purposes of granting the supplementary benefit in respect of insurance periods completed under the legislation of the former Czech and Slovak Federal Republic, solely the insurance periods completed under the Slovak legislation can be taken into account in order to meet the condition of at least one year of Slovak pension insurance within the defined period after the date of dissolution of the federation (§ 66a, paragraph 1, letter b) of Act No 461/2003 Col., on Social Insurance). ▌";
Added:(h) in the section “FINLAND”, point 1 is deleted;
Added:(i) the section "SWEDEN" is amended as follows:
Added:(i) points 1 and 2 are deleted;
Added:(ii) point 3 is replaced by the following:
Added:"3. The provisions of this Regulation on the aggregation of insurance periods and periods of residence shall not apply to the transitional provisions in the Swedish legislation on entitlement to guarantee pension for persons born in or before 1937 who have been resident in Sweden for a specified period before applying for a pension (Chapter 6 of the Act (2010:111) on the Implementation of the Social Insurance Code concerning Chapters 53–74);";
Added:(iii) point 4 is amended as follows:
Added:- the introductory wording is replaced by the following:
Added:‘4. For the purpose of calculating income for notional income-related sickness compensation and income-related activity compensation in accordance with Chapter 34 of the Social Insurance Code (2010:110), the following shall apply:’;
Added:- paragraph (b) is replaced by the following:
Added:‘(b) where the benefits are calculated pursuant to Article 46 of this Regulation and persons are not insured in Sweden, the reference period shall be determined in accordance with Chapter 34, Sections 3, 10 and 11 of the abovementioned Act as if the person concerned were insured in Sweden. If the person concerned has no pension-generating income during this period under Chapter 59 of the Social Insurance Code (2010:110), the reference period shall be permitted to run from the earlier point in time when the insured person had income from gainful activity in Sweden;";
Added:(iv) in point 5, point (a) is replaced by the following:
Added:‘5(a) For the purpose of calculating notional pension assets for income-based survivor’s pension (Chapter 82 of the Social Insurance Code) (2010:110), if the requirement in Swedish legislation for pension entitlement in respect of at least three out of the 5 calendar years immediately preceding the insured person’s death (reference period) is not met, account shall also be taken of insurance periods completed in other Member States as if they had been completed in Sweden. Insurance periods in other Member States shall be regarded as based on the average Swedish pension base. If the person concerned has only 1 year in Sweden with a pension base, each insurance period in another Member State shall be regarded as constituting the same amount.’;
Added:(j) in the section "UNITED KINGDOM":
Added:(i) points 1 and 2 are replaced by the following:
Added:"1. Where, in accordance with United Kingdom legislation, a person who reached pensionable age before 6 April 2016 may be entitled to a retirement pension if:
Added:(a) the contributions of a former spouse or former civil partner are taken into account as if they were that person’s own contributions; or
Added:(b) the relevant contribution conditions are satisfied by that person’s spouse, civil partner, former spouse or former civil partner,
Added:then provided, in each case, that the spouse or civil partner or former spouse or former civil partner is or had been exercising an activity as an employed or self- employed person, and had been subject to the legislation of two or more Member States, the provisions of Chapter 5 of Title III of this Regulation shall apply in order to determine entitlement under United Kingdom legislation. In this case, references in Chapter 5 to ‘periods of insurance’ shall be construed as references to periods of insurance completed by:
Added:(i) a spouse, civil partner, former spouse or former civil partner where a claim is made by:
Added:- a married person or civil partner, or
Added:- a person whose marriage or civil partnership has terminated otherwise than by the death of the spouse or civil partner; or
Added:(ii) a former spouse or former civil partner, where a claim is made by:
Added:- a widow, widower or civil partner who immediately before pensionable age was not entitled to widowed parent’s allowance, or
Added:- a widow whose husband died before 9 April 2001 who immediately before pensionable age was not entitled to widowed mother’s allowance, widowed parent’s allowance or widow’s pension, or who is only entitled to an age-related widow’s pension calculated pursuant to Article 52(1)(b) of this Regulation, and for this purpose ‘age-related widow's pension’ means a widow’s pension payable at a reduced rate in accordance with section 39(4) of the Social Security Contributions and Benefits Act 1992. ▌
Added:This point does not apply to persons who reach pensionable age on or after 6 April 2016.
Added:2. For the purposes of applying Article 6 of this Regulation to the provisions governing entitlement to attendance allowance, carer’s allowance, ▌ disability living allowance and personal independence payment, a period of employment, self-employment or residence completed in the territory of a Member State other than the United Kingdom shall be taken into account in so far as is necessary to satisfy conditions as to required periods of presence in the United Kingdom, prior to the day on which entitlement to the benefit in question first arises.";
Added:(ii) in point 4, the first paragraph is replaced by the following:
Added:"4. Where Article 46 of this Regulation applies, if the person concerned suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, the United Kingdom shall, for the purposes of Section 30A (5) of the Social Security Contributions and Benefits Act 1992, Part 1 of the Welfare Reform Act 2007 or the corresponding Northern Ireland provisions, take account of any periods during which the person concerned has received, in respect of that incapacity for work:
Added:(a) cash sickness benefits or wages or salary in lieu thereof; or
Added:(b) benefits within the meaning of Chapters 4 and 5 of Title III of this Regulation granted in respect of the invalidity which followed that incapacity for work, under the legislation of the other Member State, as though they were periods of, as appropriate, short-term incapacity benefit paid in accordance with Sections 30A (1)-(4) of the Social Security Contributions and Benefits Act 1992, Employment and Support Allowance (Assessment phase) paid in accordance with Part 1 of the Welfare Reform Act 2007 or corresponding Northern Ireland provisions.
Added:▌";
Added:(10) the following Annexes are added:
Added:"ANNEX XII
Added:LONG-TERM CARE BENEFITS ▌ PROVIDED BY WAY OF DEROGATION FROM ARTICLE 33A(2)
Added:(Article 33a(2)) ▌
Added:AUSTRIA
Added:Long-term care benefit in cash (Federal Long-Term care benefit Act, BGBI. I Nr. 110/1993 as amended) granted as a result of accidents at work or occupational diseases is coordinated under Chapter 2 of Title III – Benefits in respect of accidents at work and occupational diseases.
Added:FRANCE
Added:(a) Constant attendance allowance (Social Security Code, Article L.355-1) is coordinated under Chapter 4 of Title III – Invalidity benefits or under Chapter 5 of Title III – Old age benefit, depending on the benefit which the care supplement is intended to supplement;
Added:(b) Supplementary benefit for constant attendance (Social Security Code, Article L.434-2) is coordinated under Chapter 2 of Title III – Benefits in respect of accidents at work and occupational diseases.
Added:GERMANY
Added:Long-term care benefits in respect of accidents at work and occupational diseases (Book VII of the German Social Code, paragraph (44) is coordinated under Chapter 2 of Title III – Benefits in respect of accidents at work and occupational diseases.
Added:POLAND
Added:Care supplement (the Act of 17 December 1998 on old-age and invalidity benefits from the Social Insurance Fund) is coordinated under Chapter 4 of Title III – Invalidity benefits or under Chapter 5 of Title III – Old age benefit, depending on the benefit that the care is intended to supplement.
Added:ANNEX XIII
Added:FAMILY BENEFITS IN CASH INTENDED TO REPLACE INCOME DURING CHILD-RAISING PERIODS
Added:Part I Family benefits in cash which are intended to replace income during periods of child-raising
Added:AUSTRIA
Added:(a) Flat-rate Childcare Allowance (Childcare Allowance Act, 2001/103);
Added:(b) Childcare Allowance as replacement of gainful income (Childcare Allowance Act, 2001/103);
Added:(c) Partner bonus (Childcare Allowance Act, 2001/103).
Added:BELGIUM
Added:Right to parental leave in the framework of professional career break (Royal Decree of 29/10/1997 concerning the introduction of a parental leave in the framework of a professional career break).
Added:BULGARIA
Added:(a) Pregnancy and child birth benefit (Social Insurance Code, promulgated SG No 110 from 17.12.1999, in force since 1 January 2000) starting from the sixth month of age of the child;
Added:(b) Benefit upon Adoption of a Child between 2 and 5 Years of Age (Social Insurance Code, promulgated SG No 110 from 17.12.1999, in force since 1 January 2000);
Added:(c) Benefit for raising a small child (Social Insurance Code, promulgated SG No 110 from 17.12.1999, in force since 1 January 2000).
Added:CZECH REPUBLIC
Added:Parental Allowance (State Social Support Act No 117/1995 Coll., as amended).
Added:DENMARK
Added:(a) Pay Refund (Act on Maternity Equalization Scheme for the private sector) starting from the 15th week after the birth;
Added:(b) Maternity and Paternity Benefits in cash (Consolidation Act on Entitlement to leave and Benefits in the Event of Childbirth) starting from the 15th week after the birth.
Added:ESTONIA
Added:Parental Benefit (Family Benefits Act of 15 June 2016).
Added:FINLAND
Added:Parental Allowance (Sickness Insurance Act, 1224/2004).
Added:FRANCE
Added:(a) The complement of free choice of activity applicable (children born/adopted before 1 January 2015) (Article 60-II of Social Security Financing Act for 2004);
Added:(b) The shared child-rearing benefit (PREPARE) (children born on 1 January 2015 or after) (Article 8-I-7° - Act No 2014-873 of 4 August 2014 for real equality between women and men).
Added:GERMANY
Added:Parental Allowance (Parental Allowance and Parental Leave Act).
Added:HUNGARY
Added:Child care fee (Act LXXXIII of 1997 on the Services of the Compulsory Health Insurance System).
Added:ITALY
Added:Allowance for parental leave (Legislative Decree of 26 March 2001, No 151).
Added:LATVIA
Added:Parents’ benefit (Law On Maternity and Sickness Insurance of 06.11.1995).
Added:LITHUANIA
Added:Childcare benefit (Law of the Republic of Lithuania of 21 December 2000 on Sickness and Maternity Social Insurance No IX-110; as amended).
Added:LUXEMBOURG
Added:Parental Leave Replacement Income (Law of 3 November 2016 reforming parental leave).
Added:POLAND
Added:(a) A supplement to the family allowance for child care in the period of parental leave (Act Of 28 November 2003 on Family Benefits);
Added:(b) Parental Benefit (Act of 28 November 2003 on family benefits).
Added:PORTUGAL
Added:(a) Parental allowance (Decree-Laws No 89/2009 of 9 April 2009, and No 91/2009 of 9 April 2009) starting from 7th week after the childbirth;
Added:(b) Extended parental allowance (Decree-Laws No 89/2009 of 9 April 2009, and No 91/2009 of 9 April 2009);
Added:(c) Adoption allowance (Decree-Laws No 89/2009 of 9 April 2009, and No 91/2009 of 9 April 2009).
Added:ROMANIA
Added:Monthly Child Raising Indemnity (Government Emergency Ordinance No 111 of 8 December 2010 regarding the parental leave and the monthly child raising indemnity, with the subsequent amendments and additions).
Added:SLOVAKIA
Added:Parental Allowance (Parental Allowance Act No 571/2009, as amended).
Added:SLOVENIA
Added:(a) Parental Compensation (Parental Protection and Family Benefits Act, Official gazette No 26/14 and 15/90, ZSDP-1);
Added:(b) Parental Allowance (Parental Protection and Family Benefits Act, Official gazette No 26/14 and 15/90, ZSDP-1).
Added:SWEDEN
Added:Parental benefit (Chapter 12 of the Social Insurance Code (2010:110)).
Added:Part II Member States which award family benefits referred in Article 68b in full
Added:(Article 68b(2)).
Added:ESTONIA
Added:FINLAND
Added:LITHUANIA
Added:LUXEMBOURG
Added:SWEDEN”.
Added:ANNEX II
Added:Amendments to the annexes to Regulation (EC) No 987/2009
Added:The Annexes to Regulation (EC) No 987/2009 are amended as follows:
Added:(1) Annex 1 is amended as follows:
Added:(a) the section “BELGIUM-GERMANY” is deleted;
Added:(b) in the section “BELGIUM-FRANCE”, point (f) is replaced by the following:
Added:‘(f) The Exchange of Letters of 21 November 1994 and 8 February 1995 concerning the procedures for the settlement of reciprocal claims pursuant to Articles 93, 94, 95 and 96 of Regulation (EEC) No 574/72, in the version amended by the Exchange of Letters of 2 April 2021 and 21 November 2022.’;
Added:(c) in the sections “DENMARK-FINLAND” and “DENMARK-SWEDEN”, the text is, in each case, replaced by the following:
Added:‘The Administrative Arrangement for the implementation of the Nordic Convention on Social Security of 12 June 2012.’;
Added:(d) the section “GERMANY-FRANCE” is deleted;
Added:(e) in the section “GERMANY-LUXEMBOURG”, points (a) and (b) are deleted;
Added:(f) in the section “FINLAND-SWEDEN”, the text is replaced by the following:
Added:‘The Administrative Arrangement for the implementation of the Nordic Convention on Social Security of 12 June 2012.’;
Added:(2) Annex 5 is deleted;
Added:(3) the following annex is added:
Added:‘ANNEX 6
Added:Construction Sector
Added:The construction sector within the meaning of Article 15 includes all building work relating to the construction, repair, upkeep, alteration or demolition of buildings, and in particular the following work:
Added:(1) excavation;
Added:(2) earthmoving;
Added:(3) actual building work;
Added:(4) assembly and dismantling of prefabricated elements;
Added:(5) fitting out or installation;
Added:(6) alterations;
Added:(7) renovation;
Added:(8) repairs;
Added:(9) dismantling;
Added:(10) demolition;
Added:(11) maintenance;
Added:(12) upkeep, painting and cleaning work;
Added:(13) improvements.’.
Added:The Commission has made a Statement on Control, Activation and Job Placement with regard to this Regulation, which can be found at … [OJ please insert the OJ reference of the Commission statement and the ELI link].
Added:The Commission has made a Statement on Seasonal Workers with regard to this Regulation, which can be found at … [OJ please insert the OJ reference of the Commission statement and the ELI link].
Added:ANNEX TO THE LEGISLATIVE RESOLUTION
Added:Commission Statement on Control, Activation and Job Placement
Added:(Regulation … [OJ please insert number and OJ reference of the Regulation amending Regulations (EC) No 883/2004 and (EC) No 987/2009 on the basis of COD 2016/0397])
Added:During the negotiations on the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, a number of Member States underlined the importance of control, activation or job placement measures for unemployed persons who go to a Member State other than the competent one to seek employment there. These are cases where, in accordance with the conditions set out in Article 64 and 65 of Regulation (EC) No 883/2004, a wholly unemployed person makes use of the possibility to retain unemployment benefits from the competent Member State for a limited period of time, while seeking employment in another Member State. During this period the person concerned must register as a person seeking work with the employment services of the other Member State, be subject to the control procedure organised there and adhere to the conditions laid down under the legislation of that Member State, as if he or she were receiving unemployment benefits from there. During that period the institution of the receiving Member State must provide to the competent Member State relevant information on a monthly basis concerning the follow-up of the unemployed person’s situation, in particular whether the latter is still registered with the employment services and is complying with the activation or job placement procedures in place there.
Added:The Commission acknowledges the importance that persons exporting their unemployment benefit fully comply with all control, activation or job placement measures in place in the receiving Member State, under the same conditions as unemployed persons receiving benefits from that Member State. The Commission also acknowledges the importance of mutual cooperation to support the monitoring and control of unemployed persons when complying with the procedures and measures in the other Member State as to increase their chances of re-integration into the labour market and the need to further enhance monitoring and control by means of a structural automatic data exchange on, at least, work resumption and other income or benefit. To achieve that objective, the Commission will foster the mutual cooperation, support the Member States in the implementation of the provisions on the exchange between institutions, where needed, within the revised legal framework and closely monitor that implementation with the Member States.
Added:In the context of the work on the Fair Labour Mobility Package, the Commission will explore how to further modernise and simplify social security coordination rules. This will include – inter alia – a proposal for solutions to strengthen cooperation and data exchange on control, activation or job placement measures between Member States in the framework of the reporting obligation of the receiving Member States. It could also include data exchange in case of work resumption, or the receipt of other sources of income or other benefits. Overall, this would aim at enhancing the responsibility and ensure full compliance of persons exporting their benefits with the control, activation or job placement measures in the receiving Member State as if he or she were receiving unemployment benefits from that Member State. This would not only increase the likelihood of an integration of an unemployed person in the labour market but also enhance the mutual trust among Member States in the system of coordination. For the short term, the Commission will already start exploring under the revised legal framework possible improvements in the digitalised and standardised information exchange between Member States with regard to the control and monitoring of the activities of unemployed persons exporting their benefits. To this end, the Commission will propose enhancements of the data exchanges between the institutions within the Electronic Exchange of Social Security Information system (EESSI) through the regular change management process. The Commission will propose that the standardised data fields confirming the person’s active job-seeking, work resumption will be fully operational by the date of application of the relevant provisions.
Added:Commission Statement on Seasonal Workers
Added:(Regulation ….[OJ please insert number and OJ reference of the Regulation amending Regulations (EC) No 883/2004 and (EC) No 987/2009 on the basis of COD 2016/0397])
Added:The Communication from the Commission “Guidelines on seasonal workers in the EU in the context of the COVID-19 outbreak” of 17 July 2020, the Council conclusions on improving the working and living conditions of seasonal and other mobile workers approved on 9 October 2020 and the European Parliament resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis, among other initiatives, recognised that seasonal workers are often more vulnerable to precarious working and living conditions than other mobile workers. Regulations (EC) No 883/2004 and its implementing Regulation (EC) No 987/2009 on the coordination of social security systems contribute to facilitating the exercise of social security rights for mobile seasonal workers as well and are without prejudice to specific national income support schemes for seasonal workers, where they exist. It is however important that additional efforts are made in other policy areas as regards working and living conditions, including occupational health and safety, adequate minimum wages, equal treatment and access to social protection. To adequately support the protection of social security rights of seasonal workers, it is particularly important to provide them with relevant information regarding their rights and obligations under these Regulations in a clear and understandable language.