What changed between the draft committee report and the plenary report

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

Article 1 – paragraph 1 – point 14 a (new), Article 15 a (new): 14a. The following article is inserted: / ‘Article 15a / Reporters of European media organisations posted to another Member State / Reporters of European media organisations posted to another Member State may choose between application of the legislation of the Member State in which they are employed, of the Member State of which they are nationals or of the Member State in which their principal employer is based.’

Regulation (EC) No 883/2004

Change 11

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”

Removed:(http://www.cleiss.fr/pdf/rgt_883-2004.pdf)

Regulation (EC) No 883/2004

Change 12

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.”

Regulation (EC) No 883/2004

Change 13

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”

Regulation (EC) No 883/2004

Change 14

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.”

Regulation (EC) No 883/2004

Change 15

Changed:Article 1 – paragraph 1 – point 19,14 f (new), Article 6125: –14f. paragraphArticle 2:25 2.is Wherereplaced anby unemployedthe following: / Where the person doesreceiving nota satisfypension theor conditionspensions forunder the aggregationlegislation of periodsone or more Member States resides in accordancea withMember paragraphState 1under becausewhose legislation the totalright durationto ofreceive hisbenefits orin herkind mostis recentlynot completedsubject periodsto conditions of insurance, employmentor of activity as an employed or self-employmentself-employed inperson, and no pension is received from that Member StateState, isthe lesscost thanof onebenefits monthin thatkind personprovided shallto behim/her entitledand to unemploymentmembers benefitsof inhis/her accordancefamily withshall be borne by the legislationInstitution of one of the Member StateStates wherecompetent hein orrespect sheof hadhis/her previouslypensions completeddetermined suchin periodsaccordance underwith Article 24(2), to the conditionsextent that the pensioner and subjectthe members of his/her family would be entitled to thebenefits limitationsif laidthey downresided in Articlethat 64a.Member State.

Change 16

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.

Regulation (EC) No 883/2004

Change 17

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”

Regulation (EC) No 883/2004

Change 18

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.”

Regulation (EC) No 883/2004

Change 19

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.

Regulation (EC) No 883/2004

Change 20

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.”

Regulation (EC) No 883/2004