What changed between the plenary report and the adopted text

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)