Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 20 Nov 2017

EMPL-PR-612058

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

To · plenary report· 23 Nov 2018

A-8-2018-0386

AI:What changed, in short

Adds extensive new recitals on disability, long-term care, and social security cards, and deletes several recitals from the old version.2 Changes unemployment benefit rules: aggregation period reduced to one day, export extended to six months, and new provisions for cross-border workers.14 17 18 19 Introduces new provisions on long-term care benefits, including definitions, lists, and coordination rules.7 8 9 13 Modifies posting rules: duration limits, prior link periods, and substantial activity criteria.37 38 40 The other changes are formal or wording: updated references, punctuation, and rephrasing.1 27 28 30

41 changes of substance · 1 formal · 6 of wording only

Written by AI from the two texts only · read the changes before relying on it · 4 Sept 2026 · Report a problem

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

Changes of substance · 41

Change 2 Substance

AI summary:Adds new recitals on disability, long-term care, unemployment, and social security cards, and deletes several recitals from the old version.

Show the text change (48 lines)

Removed:Recital 4: (4) It remains essential that the coordination rules keep pace with the evolving legal, technological and societal context in which they operate by further facilitating the exercise of citizens' rights while at the same time ensuring legal clarity, 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 particular by optimising tools and electronic information exchange between the competent authorities and institutions.

Added: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).

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 is ‘absurd to have a Banking Authority to police banking standards, but no common Labour Authority for ensuring fairness in our single market’. In its resolution of 14 September 2016 on social dumping in the European Union, 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: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.

Removed:Recital 6 b (new): (6b) In its resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe, 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: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.

Removed:Recital 6 c (new): (6c) In its resolution of 15 March 2017 on obstacles to EU citizens’ freedom to move and work in the internal market, 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: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).

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. 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 posted to another Member State should apply consistently to both employed and self-employed persons. / 34 OJ L 18, 21.1.1997, p. 1.

Added: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.

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 insured persons who do not satisfy this condition by taking into account the period of insurance completed by the person in the Member State of last activity for the purposes of aggregating periods of insurance. 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: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.

Removed:Recital 9: (9) Following the recommendations in the EU Citizenship Report 201335, and in order to give tangible effect to the European social rights pillar35a in connection with active support for employment, 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 reintegration into the labour market and to address skills mismatches across borders. / 35a See the European Parliament resolution of 19 January 2017 on a European Pillar of Social Rights.

Added: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”.

Removed:Recital 10 a (new): (10a) 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: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.

Removed:Recital 10 b (new): (10b) 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: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.

Removed:Recital 10 c (new): (10c) 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 competent to pay unemployment benefits, to the detriment of insured persons.

Added: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).

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 shall become competent to determine the legislation applicable.

Added:Recital 5: deleted / (deleted)

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 posted to pursue economic activity in a single Member State. Moreover, the posting 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 involving membership of at least six months.

Added: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.

Removed:Recital 21 a (new): (21a) The European Data Protection Supervisor has been consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and has adopted an opinion1a.. / 1a. OJ C 92, 26.4.2007, p. 15.

Added: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: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: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: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: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: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: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: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: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: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: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: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: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: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: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: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:Recital 12: (12) In order to enable timely updates of this Regulation in line with developments at the national level, the Annexes to this Regulation and to Regulation (EC) No 987/2009 should be amended periodically. / (deleted)

Added: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: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: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: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:Recital 21 a (new): (21a) The European Data Protection Supervisor has been consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and has adopted an opinion1a. / 1a. OJ C 92, 26.4.2007, p. 15.

Change 3 Substance

AI summary:Deletes a recital on fundamental rights and adds a new recital 2, changing the text on equality of treatment.

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Removed:Article 1 – paragraph 1 – point 3, Recital 5c: (5c) Notwithstanding the limitations on the right to equal treatment for economically inactive persons and persons with the right of freedom of movement for the purposes of seeking employment, 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 benefits and social services (Article 34) and the right to healthcare (Article 35).

Added:Article 1 – paragraph 1 – point 1, Recital 2 – second sentence: deleted / (deleted)

Change 4 Substance

AI summary:Replaces recital 5 and adds a new recital 5a, altering the principle of equal treatment for economically inactive citizens.

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Removed:Article 1 – paragraph 1 – point 8, Recital 47: (47) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably 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), 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); and has to be implemented in accordance with those rights and principles.

Added: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: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.

Change 5 Substance

AI summary:Deletes recital 5a and adds recital 5b, changing provisions on sickness insurance for inactive mobile citizens.

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Removed:Article 1 – paragraph 1 – point 8, Recital 48 a (new): (48a) Nothing within this Regulation limits the independent rights and obligations recognised in the European 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 in accordance with those rights and obligations.

Added:Article 1 – paragraph 1 – point 3, Recital 5a: deleted

37 more changes of substance

Change 6 Substance

AI summary:Deletes recital 5c and adds a new recital 5c, modifying the reference to fundamental rights.

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Removed:~~Article 1 – paragraph 1 – point 11, Article 4 – paragraph 2: deleted / (deleted)~~

Added: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: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.

Change 7 Substance

AI summary:Replaces recital 20, extending the scope to long-term care benefits.

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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 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 services46 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 [XXX] months and that the person is not posted to replace another employed or self-employed person previously posted 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.

Added:Article 1 – paragraph 1 – point 3, Recital 5c: deleted

Removed:To ensure legal clarity and consistency of the legislative framework it will be necessary to align the provisions on the anticipated or actual duration of the posting in the coordination regulations and Directive 96/71/EC.

Change 8 Substance

AI summary:Adds recital 24a, prohibiting refusal of residence based on social security applications.

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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: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.”

Change 9 Substance

AI summary:Adds recital 35a on family benefits in cash, and recital 39a on data protection.

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Removed:Article 1 – paragraph 1 – point 13, Article 12 – paragraph 2 a (new): 2a. Where a person has been posted in accordance with paragraph 1 or has pursued a self-employed activity in another Member State in accordance with paragraph 2 for at least [XX] months in total, either continuously or with interruptions of not more than three months, no new period under paragraph 1 or paragraph 2 may commence for the same employed or self-employed person and the same Member State until at least six months after the end of the previous period.

Added: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."

Change 10 Substance

AI summary:Adds multiple new recitals and amends articles on long-term care, unemployment, and disability.

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Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 8, Recital 46: deleted / (deleted)

Added:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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 (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 9 – point a, Article 1 – point c: deleted

Added:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 9 – point b, Article 1 – point i – point 1 – point ii: deleted

Added:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 9 – point c, Article 1 – point va – point i: deleted

Added:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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 (EC) No 883/2004

Added: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 (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 10, Article 3 – paragraph 1 – point ba: deleted / (deleted)

Added:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 11, Article 4: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 12 – point a, Article 11 – paragraph 2: deleted

Added:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 14, Article 13 – paragraph 4a: deleted / (deleted)

Added:Regulation (EC) No 883/2004

Change 11 Substance

AI summary:Replaces Article 16(1) to allow exceptions for common social security schemes.

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Removed:Article 1 – paragraph 1 – point 14 b (new), Article 16 – paragraph 1: 14b. In Article 16, paragraph 1 shall be replaced by the following: / ‘1. Two or more Member States, the competent authorities of these Member States or the bodies designated by these authorities may by common agreement provide for exceptions to Articles 11 to 15 in the interest of certain persons or categories of persons and establish a common social security scheme for the persons referred to in Articles 12 and 13, provided that that scheme is more favourable to them.’

Added: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”

Change 12 Substance

AI summary:Inserts new Article 16a on prior issuance of documents, and replaces Article 19 on benefits during stay.

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Removed:Article 1 – paragraph 1 – point 14 c (new), Article 16 a (new): 14c. The following article is inserted: / ‘Article 16a Prior issuance of document on applicable legislation / Prior to a posting, the posting institution shall be required to issue to the host institution a document confirming the social security legislation applicable to the worker, drawn up in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009.’

Added: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.”

Change 13 Substance

AI summary:Replaces Article 35a(2) to require consultation with disability organisations.

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Removed:Article 1 – paragraph 1 – point 17, Article 35a – paragraph 2: 2. The Administrative Commission, after consulting the social partners, representative associations of beneficiaries and professional bodies concerned, shall draw up a detailed list of long-term care benefits which meet the criteria contained in Article 1 (vb) of this Regulation, specifying which are benefits in kind and which are benefits in cash.

Added: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”

Change 14 Substance

AI summary:Replaces Article 61(1) to change the aggregation condition from one month to one day.

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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: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.”

Change 15 Substance

AI summary:Replaces Article 25 to clarify the competent institution for pensioners' benefits.

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Changed:Article 1 – paragraph 1 – point ~~19,~~14 f (new), Article 6125: –14f. ~~paragraph~~Article 2:25 2.is ~~Where~~replaced anby ~~unemployed~~the following: / Where the person ~~does~~receiving ~~not~~a ~~satisfy~~pension ~~the~~or ~~conditions~~pensions ~~for~~under the ~~aggregation~~legislation of ~~periods~~one or more Member States resides in ~~accordance~~a ~~with~~Member ~~paragraph~~State 1under ~~because~~whose legislation the ~~total~~right ~~duration~~to ofreceive ~~his~~benefits orin ~~her~~kind ~~most~~is ~~recently~~not ~~completed~~subject ~~periods~~to conditions of insurance, ~~employment~~or of activity as an employed or ~~self-employment~~self-employed inperson, and no pension is received from that Member ~~State~~State, isthe ~~less~~cost ~~than~~of ~~one~~benefits ~~month~~in ~~that~~kind ~~person~~provided ~~shall~~to behim/her ~~entitled~~and to ~~unemployment~~members ~~benefits~~of inhis/her ~~accordance~~family ~~with~~shall be borne by the ~~legislation~~Institution of one of the Member ~~State~~States ~~where~~competent hein orrespect ~~she~~of ~~had~~his/her ~~previously~~pensions ~~completed~~determined ~~such~~in ~~periods~~accordance ~~under~~with Article 24(2), to the ~~conditions~~extent that the pensioner and ~~subject~~the members of his/her family would be entitled to ~~the~~benefits ~~limitations~~if ~~laid~~they ~~down~~resided in ~~Article~~that ~~64a.~~Member State.

Change 17 Substance

AI summary:Replaces Article 64(1)(c) to extend the export period to six months.

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Removed:Article 1 – paragraph 1 – point 20 – point a, Article 64 – paragraph 1 – point c: (a) In paragraph 1, point (c) shall be replaced by the following: / ‘(c) entitlement to unemployment benefits shall be maintained until their expiry;’

Added: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”

Change 18 Substance

AI summary:Deletes Article 64(2) and replaces Article 64(3) to set a maximum total period of six months.

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Removed:~~Article 1 – paragraph 1 – point 20 – point a a (new), Article 64 – paragraph 2: (aa) Paragraph 2 is deleted;~~

Added: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.”

Change 19 Substance

AI summary:Adds new Article 65(3a) on cooperation between authorities and language of communication.

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Removed:~~Article 1 – paragraph 1 – point 20 – point b), Article 64 – paragraph 3: (b) Paragraph 3 is deleted.~~

Added: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.

Change 20 Substance

AI summary:Replaces Article 71(1) to include a representative of the European Parliament.

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Removed:Article 1 – paragraph 1 – point 22, Article 65 – paragraph 3 a (new): 3a. The authorities of the competent Member State and of the Member State of residence shall give job seekers clarification as to the competence of the public employment service responsible for providing support to them and ensure that exchanges between the competent institution of the Member State of last activity and the job seeker are carried out in the language of the latter.

Added: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.”

Change 21 Substance

AI summary:Replaces Article 75a(2) to include tax authorities in cooperation.

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Removed:Article 1 – paragraph 1 – point 23 a (new), Article 71 – paragraph 1: 23a. In Article 71, paragraph 1 shall be 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 Commission, a representative of Parliament and, where appropriate, representatives of the social partners, beneficiaries and professional bodies concerned shall attend meetings of the Administrative Commission in an advisory capacity.

Added: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.”

Change 22 Substance

AI summary:Replaces Article 76a(1) to add a single European social security number.

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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 cooperation between the institutions concerned, such as the labour inspectorates in their Member States.

Added: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.

Change 23 Substance

AI summary:Adds new Article 33a on long-term care benefits list.

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Removed:Article 1 – paragraph 1 – point 25, Article 76a – paragraph 1 – indent 1: – the issuance, the forgery-proof electronic format and the contents, with mandatory information, of a portable document certifying the social security legislation which applies to the holder and including a single European social security number,

Added: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: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.

Change 24 Substance

AI summary:Deletes Article 34 and replaces it with new provisions on overlapping benefits.

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Removed:~~Article 1 – paragraph 1 – point 25, Article 76a – paragraph 1 – indent 3: – the elements to be verified before the document can be issued, rectified or withdrawn,~~

Added: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.”

Change 25 Substance

AI summary:Replaces Article 79 to allow funding for electronic networking and social security card.

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Removed:Article 1 – paragraph 1 – point 25, Article 76a – 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, / - in the absence of a response from the issuing institution within the specified deadline.

Added:Article 1 – paragraph 1 – point 16, Article 34: deleted

Change 26 Substance

AI summary:Adds new Article -88 on delegated acts for portable documents.

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Removed:Article 1 – paragraph 1 – point 25 a (new), Article 79: 25a. Article 79 shall be replaced by the following: / ‘Article 79 / In connection with this Regulation and the Implementing Regulation, the European Commission: (a) shall contribute to the funding of: / (i) the establishment of an electronic networking system of competent institutions using the Crossroads Bank for Social Security* model as an example; / (ii) an EU-wide forgery-proof European social security card on which are stored all the data needed to verify the bearer’s employment relationship, such as details on his or her pay, social security status, working hours and, where applicable, specific rules on posting, and which would be subject to strict data-protection rules, particularly where privacy-sensitive personal data is processed; and / (b) may fund in full or in part: / (i) activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data; / (ii) 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. / * https://www.ksz-bcss.fgov.be/fr’

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 21, Article 64a: deleted / (deleted) / (deleted) / (deleted)

Added:Regulation (EC) No 883/2004

Added: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: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:Regulation (EC) No 883/2004

Added: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: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Annex I – point 7, Annex XII – title: LONG-TERM CARE BENEFITS IN CASH PROVIDED IN DEROGATION FROM ARTICLE 33A(1) OF CHAPTER 1

Change 29 Substance

AI summary:Adds a reference to Regulation (EU) 2016/679 in Article 2(5).

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Changed: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.~~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.

Change 31 Substance

AI summary:Changes Article 5(1) to remove the exception for documents not withdrawn due to breach of sincere cooperation.

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Changed:Article 2 – paragraph 1 – point 7, Article 5 – paragraph 1: 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States ~~for as long~~provided asthat they have not been withdrawn or declared to be invalid by the Member State in which they were issued. Such documents shall only be valid if all sections indicated as compulsory are filled in. ~~However, such documents are not required to be accepted where they have not been withdrawn due to a breach of the principle of sincere cooperation by the issuing Member State.~~

Change 32 Substance

AI summary:Adds new paragraph 1a on rectification of incomplete documents, and replaces paragraph 2.

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Removed:Article 2 – paragraph 1 – point 7, Article 5 – paragraph 1 a (new): 1a. Where not all sections of documents, as referred to in paragraph 1, indicated as compulsory are filled in, the institution of the Member State that receives the document shall, without delay, notify the issuing institution of the defect in the document. The issuing institution shall, as soon possible, rectify the document or confirm that the conditions of issuing the document are not fulfilled. If the missing information is not provided within five working days of notification of the defect, the requesting institution may proceed as if the document had never been issued and, if it does so, shall inform the issuing institution accordingly.

Added: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…

Change 33 Substance

AI summary:Replaces Article 5(4) to set a three-month deadline for the Administrative Commission.

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Removed:Article 2 – paragraph 1 – point 7, Article 5 – paragraph 2 – point a: a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 15 working days from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institution shall withdraw or rectify the document immediately and with retroactive effect.

Added: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.

Change 34 Substance

AI summary:Adds new paragraph 4a on withdrawal of documents obtained by fraud.

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Removed:Article 2 – paragraph 1 – point 7, Article 5 – paragraph 2 – point c a (new): (ca) The absence of response by the issuing institution to the requesting institution shall constitute a breach of the principle of sincere cooperation by the issuing Member State.

Added: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: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.

Change 35 Substance

AI summary:Adds new Article 6(3) on dispute resolution within six months.

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Removed:Article 2 – paragraph 1 – point 7, Article 5 – paragraph 2 a (new): 2a. In the absence of a response from the issuing institution, the requesting authority may reject, rectify or reclassify the documents issued by the institution of a Member State attesting to a person’s situation for the purposes of the application of the basic regulation and the implementing regulation.

Added: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.’

Change 36 Substance

AI summary:Adds new Article 7(1a) on provisional calculation within one month.

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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 posted within the meaning of the 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 services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that, immediately before the start of his employment, the person concerned has already been subject, for a period of at least six months, to the legislation of the Member State where the employer is established, in accordance with this Title.

Added: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.”

Change 37 Substance

AI summary:Replaces Article 14(1) to change the prior link period from six months to three months.

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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, other than purely internal management activities, in the territory of the Member State in which it is established, taking account of all criteria characterising the activities carried out by the undertaking in question, such as the turnover achieved in the posting State where such turnover is at least 25 % of the total annual turnover. The relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out.”

Added: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:’

Change 38 Substance

AI summary:Replaces Article 14(2) to define substantial activities with criteria from Directive 2014/67/EU.

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Added: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:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.

Added:Regulation (EC) No 987/2009

Added: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:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.

Added:Regulation (EC) No 987/2009

Change 40 Substance

AI summary:Adds new Article 14(4a) defining 'business trip', and replaces Article 14(10) to extend the period to 24 months.

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Removed:Article 2 – paragraph 1 – point 8 – point b a (new), Article 14 – paragraph 10: (ba) paragraph 10 is replaced by the following: / “10. "The determination of applicable legislation under Article 13 of Regulation (EC) 883/2004 shall apply for a maximum period of 12 months. After expiry of the 12-month period, the determination shall be revised on the basis of the person's situation.”

Added: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:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.

Change 41 Substance

AI summary:Adds new Article 15a on electronic delivery of attestations via IMI.

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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 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 in particular to ensure 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 Council* and Article 5(l)(a)of Regulation (EU) 679/2016 of the European Parliament and of the Council**. 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 Article 11(1)(a), (b) and (c) of Directive 95/46/EC and with Article 14(1) of Regulation (EU) 679/216. Further details shall be laid down by decision of the Administrative Commission. / *.Directive 95/46/EC of the …

Added: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:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.

Added:Regulation (EC) No 987/2009

Added: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:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.

Added:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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…

Change 43 Substance

AI summary:Deletes Article 20a on implementing acts for portable documents.

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Removed:Article 2 – paragraph 1 – point 12, Article 20a – paragraph 1 – indent 1: - the issuance, the forgery-proof electronic format and the contents, with mandatory information, of a portable document certifying the social security legislation which applies to the holder and including a single European social security number,

Added:Article 2 – paragraph 1 – point 12, Article 20a: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Change 44 Substance

AI summary:Adds new Article 22(1) on information for long-term care benefits.

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Removed:~~Article 2 – paragraph 1 – point 12, Article 20a – paragraph 1 – indent 3: - the elements to be verified before the document can be issued, rectified or withdrawn,~~

Added:Article 2 – paragraph 1 – point 13, Title III – Chapter 1 – title: Sickness, long-term care, maternity and equivalent paternity benefits.

Added:Regulation (EC) 987/2009

Added: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.

Change 45 Substance

AI summary:Deletes the last sentence of Article 23.

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Removed:Article 2 – paragraph 1 – point 12, Article 20a – 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, / - in the absence of a response from the issuing institution within the specified deadline.

Added:Article 2 – paragraph 1 – point 14, Article 23 – last sentence: deleted / (deleted)

Change 46 Substance

AI summary:Adds multiple amendments to Articles 23, 25, 26, 32, 55, 55a, 65, 66, 67, 68, 70, 73, 75, 76, 77, 78, 79, 80, 81, 87, and 89.

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Added: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:Regulation (EC) No 987/2009

Added:Article 2 – paragraph 1 – point 15, Article 24 – paragraph 3: deleted

Added:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added:Article 2 – paragraph 1 – point 16, Article 28 – paragraph 1: deleted

Added:Regulation (EC) No 987/2009

Added:Article 2 – paragraph 1 – point 17, Article 31 – title and paragraphs 1 and 2: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 35b is deleted.

Added:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added:Article 2 – paragraph 1 – point 18, Article 32 – paragraph 4: deleted / (deleted)

Added:Regulation (EC) No 987/2009

Added:Article 2 – paragraph 1 – point 21, Article 55 – paragraph 7: deleted

Added:Regulation (EC) No 987/2009

Added:Article 2 – paragraph 1 – point 22, Article 55a: deleted / (deleted) / (deleted) / (deleted)

Added:Regulation (EC) No 987/2009

Added:Article 2 – paragraph 1 – point 24, Title VI – Chapter I – title: deleted / (deleted) / (deleted)

Added:No Change of title needed as article 35c has been deleted (LTC)

Added:Regulation (EC) No 987/2009

Added: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: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:Regulation (EC) No 987/2009

Added: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: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added:Article 2 – paragraph 1 – point 27, Article 70: deleted

Added:Regulation (EC) No 987/2009

Added: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

Added: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:Regulation 987/2009/EC

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Change 47 Substance

AI summary:Replaces Article 85a(3) to remove reference to the European Labour Authority.

Show the text change (6 lines)

Removed:Article 2 – paragraph 1 – point 39, Article 85a – paragraph 3: 3. Officials authorised by the applicant party or the European Labour Authority who make use of the possibilities offered by paragraphs 1 and 2 shall at all times be able to produce written authority stating their identity and their official capacity.

Added: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: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:Regulation (EC) No 987/2009

Added: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: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].

Change 48 Substance under “EXPLANATORY STATEMENT”

AI summary:Adds a short justification and amendments from the Committee on Petitions.

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Added:SHORT JUSTIFICATION

Added: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: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: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 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: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:AMENDMENTS

Added: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: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: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: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: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: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: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: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: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: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: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: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: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: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: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 3, Recital 5 a: deleted

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 8, Recital 46: deleted / (deleted)

Added:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 11, Article 4 – paragraph 2: deleted / (deleted)

Added:Regulation (EC) No 883/2004

Added: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: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 20 – point a a (new), Article 64 – paragraph 2: (a a) Paragraph 2 is deleted;

Added:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 20 – point b, Article 64 – paragraph 3: (b) Paragraph 3 is deleted

Added:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added: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:Regulation (EC) No 883/2004

Added:Article 1 – paragraph 1 – point 27, Article 88: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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:Regulation (EC) No 987/2009

Added: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: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:Regulation (EC) No 987/2009

Added: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.’

1 formal change: legal basis, citations, references, corrections

Change 27 Formal

AI summary:Updates recital 26 to refer to the General Data Protection Regulation.

Show the text change (4 lines)

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 EU data protection acquis, in particular Regulation (EU) 679/2016 of the European Parliament and of the Council* 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. / * 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: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:Regulation (EC) No 987/2009

Added: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).

6 changes of wording only

Change 1 Wording

AI summary:Rephrases recital 3 to simplify the language about modernisation and the use of new technologies.

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Changed: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, in particular,~~order to ~~ensure that Union citizens can exercise their rights under~~make the ~~regulations~~rules ~~and~~relating to ~~facilitate~~those ~~the~~benefits ~~uniform~~fairer, ~~application~~clearer ofand ~~Union~~easier ~~law~~to ~~through~~apply ~~coordination~~by ~~and~~means ~~the~~of ~~exchange~~exchanges of experience and best administrative ~~practices~~practices. byTo ~~promoting~~facilitate such exchanges, the use of new ~~technologies.~~technologies should be promoted.

Change 16 Wording

AI summary:Adds an explanatory note on the interpretation of 'such' in Article 25.

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Added: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.

Change 28 Wording

AI summary:Rephrases the definition of 'fraud' to align with the basic Regulation.

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Changed:Article 2 – paragraph 1 – point 4, Article 1 – paragraph 2 – point ~~e a:~~ea: ~~(ea)~~“(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security ~~benefits, to avoid paying social security contributions~~benefits or to ~~circumvent the membership rules of a~~avoid ~~Member~~to ~~State’s~~pay social security ~~scheme,~~contributions, contrary to the law of ~~the~~a Member ~~State,~~State in accordance with the basic ~~regulation~~Regulation orand the implementing ~~regulation;~~Regulation;”

Change 30 Wording

AI summary:Removes 'European' from 'Commission' in Article 2(6).

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Changed: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 ~~European~~ Commission shall give such list the necessary publicity. Only data requests and responses which are listed shall be permitted.

Change 39 Wording

AI summary:Adds a note on integrating criteria from Directive 2014/67/EU.

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Added:This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.

Change 42 Wording

AI summary:Fixes punctuation in Article 20(1).

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Changed:Article 2 – paragraph 1 – point 11 a (new), Article 20 – paragraph 1: 11a. In Article 20, paragraph 1 ~~shall be~~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. ’~~paid.’

What changed between the draft committee report and the plenary report

AIAI:What changed, in short

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AI:What changed, in short