What changed between the draft committee report and the plenary report

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…

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.

Regulation (EC) No 987/2009

Change 42

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

Removed:(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:284:0001:0042:en:PDF)

Regulation (EC) No 987/2009

Change 43

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)

Regulation (EC) No 987/2009

Change 44

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.

Regulation (EC) No 987/2009

Change 45

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)

Regulation (EC) No 987/2009

Change 46

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:(http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987-20170411&from=EN)

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