What changed between the plenary report and the adopted text

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.’;

Removed:(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883-20140101&from=EN)

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.

Removed:(http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1517319430937&uri=CELEX:32009R0987)

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.’;

Removed:(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0987&from=EN)

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.

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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:

Removed:(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0987&from=EN)

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:________________________