What changed between the plenary report and the adopted text

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);