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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

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

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.14171819 Introduces new provisions on long-term care benefits, including definitions, lists, and coordination rules.78913 Modifies posting rules: duration limits, prior link periods, and substantial activity criteria.373840 The other changes are formal or wording: updated references, punctuation, and rephrasing.1272830

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

+345 added · −58 removed · 10 changed paragraphs, packaging included.

Part 5 of 11: Paragraphs 189–248

Change 21

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.”

Removed:(http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004R0883)

Regulation (EC) No 883/2004

Change 22

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.

Regulation (EC) No 883/2004

Change 23

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.

Regulation (EC) No 883/2004

Change 24

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.”

Regulation (EC) No 883/2004

Change 25

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

Regulation (EC) No 883/2004

Change 26

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.”

Removed:(http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004R0883R(01))

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

Regulation (EC) No 987/2009

Change 27

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).

In line with the comments of the European Data Protection Supervisor on a 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.