What changed between the plenary report and the adopted text

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