Sittings · Compare
What changed
Plenary sitting
P10_TA(2026)0239
A8-0386/2018
Coordination of social security systems
23.11.2018
Committee on Employment and Social Affairs
***I
PE612.058
REPORT
European Parliament legislative resolution of 7 July 2026 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 (COM(2016)0815 – C8-0521/2016 – 2016/0397(COD))
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
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
(COM(2016)0815 – C8-0521/2016 – 2016/0397(COD))
(Ordinary legislative procedure: first reading)
– having regard to the opinion of the Committee of the Regions of 12 July 2017,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 29 April 2026 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
– having regard to theRule report60 of the Committee on Employment and Social Affairs and theits opinionRules of the Committee on Petitions (A8-0386/2018),Procedure,
– having regard to the opinion of the Committee on Petitions,
– having regard to the report of the Committee on Employment and Social Affairs (A8-0386/2018),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
2. Takes note of the statements by the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
3. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
Amendment 1
4. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Draft legislative resolution
P10_TC1-COD(2016)0397
Citation 5
Position of the European Parliament adopted at first reading on 7 July 2026 with a view to the adoption of Regulation (EU) 2026/… 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
Amendment 2
(Text with relevance for the EEA and Switzerland)
Proposal for a regulation
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Citation 4 a (new)
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48 thereof,
Amendment 3
Having regard to the proposal from the European Commission,
Proposal for a regulation
After transmission of the draft legislative act to the national Parliaments,
Recital 1
Having regard to the opinion of the European Economic and Social Committee,
Amendment 4
Having regard to the opinion of the Committee of the Regions,
Proposal for a regulation
Acting in accordance with the ordinary legislative procedure,
Recital 3
Whereas:
Amendment 5
(1) A modernised system of social security coordination started to apply from 1 May 2010, on the basis of Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council.
Proposal for a regulation
(2) Regulations (EC) No 883/2004 and (EC) No 987/2009 were amended by Regulation (EU) No 465/2012 of the European Parliament and of the Council, in particular in the field of the determination of the applicable legislation and unemployment benefits, and to make technical adaptations to the references to national legislation in the Annexes to Regulation (EC) No 883/2004.
Recital 3 a (new)
(3) It has emerged from evaluations and discussions within the Administrative Commission for the Coordination of Social Security Systems (the ‘Administrative Commission’) that in the areas of long-term care benefits, unemployment benefits and family benefits, the modernisation process should continue in order to make the rules relating to those benefits fairer, clearer and easier to apply, by means of exchanges of experience and exchanges of best administrative practices. To facilitate such exchanges, the use of new technologies should also be promoted.
Amendment 6
(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 ensuring legal clarity, a fair and equitable distribution of the financial burden among the institutions of the Member States involved, administrative simplicity and enforceability of the rules.
Proposal for a regulation
▌
Recital 3 b (new)
(5) Long-term care benefits have so far not been included explicitly within the material scope of Regulation (EC) No 883/2004 but have, in principle, been coordinated in line with the rules applicable to sickness benefits, leading to legal uncertainty both for institutions and persons claiming long-term care benefits. There is a need to develop a stable legal framework appropriate to long-term care benefits within that Regulation, continuing coordination as sickness benefits as a general rule and including a clear definition and a list of such benefits.
Amendment 7
▌
Proposal for a regulation
(6) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. ▌
Recital 3 c (new)
(7) In order to ensure a real link between the unemployed person and the labour market of the Member State providing unemployment benefits, the rules on the aggregation of periods for the purpose of conferring an entitlement to unemployment benefits should, with the exception of wholly unemployed cross-border workers as referred to in Article 65(2), (3) and (5) of Regulation (EC) No 883/2004, be subject to the condition that the insured person has most recently completed an uninterrupted period of at least one month of insurance, employment or self-employment in that Member State, and has thereby contributed to the financing of the unemployment benefit scheme of that Member State over a predefined period. Where no such period has been completed in the Member State of most recent insurance, employment or self-employment, the previous Member State in which that person completed a period of insurance, employment or self-employment should become competent, provided that the person completed an uninterrupted period of at least one month in that Member State. 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 in which the unemployed person had been previously insured. Where the person did not complete the required period in either of those Member States, the Member State of most recent insurance, employment or self-employment should become competent.
Amendment 8
(8) ▌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, Member States should be able to decide to exercise the possibility to extend the period of export of unemployment benefits until the end of the person's entitlement to benefits.
Proposal for a regulation
(9) Unemployed persons who during their most recent activity resided in a Member State other than the competent Member State and who continue to reside in that other Member State or return there should receive benefits in accordance with the legislation of the competent Member State, provided that they have, in the Member State of their most recent activity, completed uninterrupted periods of insurance, employment or self-employment of at least 22 weeks (‘affiliation period’). Only uninterrupted periods of insurance, employment or self-employment completed under the legislation of the competent Member State should be taken into account for the purpose of calculating the affiliation period. Subject to completion of the affiliation period, it is for the competent Member State to assess whether the person meets the conditions for entitlement to unemployment benefits laid down in its national legislation, as if the person were residing in that Member State. The person should comply with the obligations laid down in the applicable legislation of the competent Member State. If the person decides to make him or herself available to the employment services of another Member State in order to seek work there, he or she should comply with the conditions laid down in the legislation of, and be subject to the control procedure organised in, that other Member State. The institution in the Member State to which the unemployed person has gone should provide the competent Member State, on a monthly basis, with relevant information concerning the follow-up to the unemployed person’s situation, in particular whether he or she is still registered with the employment services and is complying with organised checking, and activation or job placement procedures.
Recital 4
(10) Within the framework of the implementation of Regulations (EC) No 883/2004 and (EC) No 987/2009, and in accordance with the duty of mutual information and cooperation, Member States’ institutions should, inter alia, exchange data necessary to detect changes in circumstances relevant for the rights and obligations of the persons concerned under Regulation (EC) No 883/2004. Member States could decide to make further use of electronic means to enhance the fulfilment of the duty of mutual information and cooperation.
Amendment 9
(11) The labour market in Luxembourg is characterised by a number of specific features. Frontier workers make up a very significant proportion of the total working population in Luxembourg, which greatly exceeds the proportion of frontier workers in the working population of other Member States. The introduction of the new rules relating to frontier and cross-border workers is expected to place a very high administrative burden on the Luxembourg public employment authority, due to a significant increase in the number of frontier workers for whom it would become the competent institution. It is therefore appropriate to grant Luxembourg an additional phasing-in period, during which Articles 65 and 86 of Regulation (EC) No 883/2004 and Articles 56 and 70 of, and Annex 5 to, Regulation (EC) No 987/2009, in the version in force before … [date of entry into force of the amending Regulation], continue to apply, in order to allow the time required to take all necessary preparatory steps for a smooth transition from the current regulatory framework to the new rules and to adjust the social security system. During that phasing-in period, Article 56a of Regulation (EC) No 987/2009, which is introduced by this Regulation, should not apply to Luxembourg.
Proposal for a regulation
(12) In light of the judgment of the Court of Justice of the European Union in Case C-347/12, Wiering, for the purpose of the calculation of the differential supplement, there are two categories of family benefits of the same kind, namely, family benefits in cash that are primarily intended to replace income that is not earned due to child-raising periods, and all other family benefits ▌.
Recital 4 a (new)
(13) Family benefits in cash that are primarily intended to replace income not earned, in whole or in part, or income that the person cannot earn due to child-raising periods are designed to meet the individual or personal needs of the parent subject to the legislation of the competent Member State and are therefore 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 to solely meet general family expenses.
Amendment 10
(14) In order to enable timely amendments to ▌ Regulations (EC) No 883/2004 and (EC) No 987/2009 to incorporate developments at the national level, 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 amending the Annexes to ▌ Regulation (EC) No 883/2004 and to Regulation(EC) No 987/2009. 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 on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and 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.
Proposal for a regulation
(15) 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 legal basis for the processing of the personal data of persons to whom Regulations (EC) No 883/2004 and (EC) No 987/2009 apply, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council. This would enable a Member State to ▌ compare data held by its competent institutions against those held by another Member State, in order to identify errors or inconsistencies that require further investigation.
Recital 4 b (new)
(16) With a view to expediting the procedure for the verification and withdrawal of documents in cases of fraud or 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 ▌ , 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.
Amendment 11
(17) There should be a detailed procedure for cooperation in the case of doubt as to the validity of documents concerning the social security legislation applicable to the holder of those documents. It is also necessary to lay down further rules on retroactivity where a document is withdrawn or rectified. This includes situations in which the Member States concerned should consider concluding an agreement on the basis of Article 16 of Regulation (EC) No 883/2004 for part or all of the periods covered by the document.
Proposal for a regulation
(18) To ensure the effective and efficient operation of the coordination rules, it is necessary to clarify the rules for determining the legislation applicable to 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 an economic activity in a single Member State. ▌
Recital 4 c (new)
(19) The link with the social security system of the Member State of origin of employed persons sent to another Member State should be reinforced by providing for a minimum period of prior affiliation.
Amendment 12
(20) Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of Articles 12 and 13 of Regulation (EC) No 883/2004 and of the rules on recovery provided for in Regulation (EC) No 987/2009. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Proposal for a regulation
(21) If a Member State is unable to notify the annual average cost per person in each age group for a reference year within the required deadline, the Member State should be able to submit claims for that year based on the annual average costs for the immediately preceding year published in the Official Journal of the European Union. The reimbursement of the expenditure on benefits in kind on the basis of fixed amounts should be as close as possible to the actual expenditure. A derogation from the notification obligation should be subject to the authorisation of the Administrative Commission and should not be granted in two consecutive years.
Recital 4 d (new)
(22) ▌The offsetting procedure that applies in situations where the legislation of a Member State was applied provisionally in accordance with Article 6 of Regulation (EC) No 987/2009 should be extended to cases where an institution was not competent to grant benefits or receive contributions. In addition, in that context, it is necessary to disapply divergent limitation provisions in national law to ensure that a retroactive settlement between the institutions is not impeded by any incompatible time-limits laid down in national legislation while at the same time establishing a uniform limitation period of three years, counting backwards from the commencement of the dialogue procedure referred to under Article 5(3) and (4) and Article 6(3) of that Regulation to ensure that the procedure for resolving disputes is not frustrated.
Amendment 13
(23) Effective recovery is a means of preventing and tackling fraud and abuse and ensuring the smooth functioning of social security schemes. The recovery procedures provided for in Chapter III of Title IV of Regulation (EC) No 987/2009 are based on the procedures and rules provided for in Council Directive 2008/55/EC ▌ . That Directive has been superseded by Council Directive 2010/24/EU, which introduced a uniform instrument to be used for enforcement measures as well as a standard form for the notification of instruments and measures relating to claims. In a review by the Administrative Commission, most Member States found it advantageous to use a uniform instrument for enforcement similar to that provided for by Directive 2010/24/EU. It is therefore necessary that the rules for mutual assistance in recovery of social security claims reflect the new measures in Directive 2010/24/EU, in order to ensure more effective recovery and a smooth functioning of the coordination rules.
Proposal for a regulation
(24) To take account of legal changes in certain Member States and in the United Kingdom and to guarantee legal certainty for stakeholders, the Annexes to Regulation (EC) No 883/2004 and to Regulation(EC) No 987/2009 should be amended.
Recital 4 e (new)
(25) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council and delivered an opinion on 8 May 2017.
Amendment 14
(26) While a number of provisions of this Regulation can be applied immediately because they do not require implementation, it is appropriate to provide for a later date of application for certain provisions of this Regulation to allow Member States sufficient time for their implementation,
Proposal for a regulation
HAVE ADOPTED THIS REGULATION:
Recital 4 f (new)
Article 1
Amendment 15
Regulation (EC) No 883/2004 is amended as follows:
Proposal for a regulation
(1) the following recital is inserted:
Recital 5
‘(2a) Articles 45 and 48 of the Treaty of the Functioning of the European Union (TFEU) ensure free movement of workers entailing the abolition of any discrimination based on nationality and provide for the adoption of the necessary measures in the field of social security to secure that freedom. In addition, under Article 21 TFEU, every Union citizen has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.’;
Amendment 16
(2) recital 5 is replaced by the following:
Proposal for a regulation
‘(5) It is necessary, within the framework of such coordination, to guarantee within the Union equality of treatment under the different national legislations for the persons concerned.
Recital 6
(5a) In applying the principle of equal treatment provided for in this Regulation, the case-law of the Court of Justice is to be respected. The Court of Justice has interpreted that principle and the relationship between this Regulation and, inter alia, Directive 2004/38/EC, in its judgments in Cases C-140/12, Brey*, C-333/13, Dano**, C-67/14 Alimanovic***, C-299/14, Garcia-Nieto**** and C-308/14, Commission v the United Kingdom*****.
Amendment 17
(5b) Member States should ensure that mobile, economically inactive Union 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. They should be allowed, in accordance with national law and practice, to contribute in a proportionate manner to a scheme for comprehensive sickness insurance cover if they are not otherwise able to fulfil the relevant criteria for access to comprehensive sickness insurance cover in the Member State in which they habitually reside.
Proposal for a regulation
_________
Recital 6 a (new)
* Judgment of the Court of Justice of 19 September 2013, Brey, C-140/12, ECLI:EU:C:2013:565.
Amendment 18
** Judgment of the Court of Justice of 8 November 2014, Dano, C-333/13, ECLI:EU:C:2014:2358.
Proposal for a regulation
*** Judgment of the Court of Justice of 15 September 2015, Alimanovic, C-67/14, ECLI:EU:C:2015:597.
Recital 6 b (new)
**** Judgment of the Court of Justice of 25 February 2016, García-Nieto, C-299/14, CLI:EU:C:2016:114.
Amendment 19
***** Judgment of the Court of Justice of 14 June 2016, C-308/14, Commission v UK, ECLI:EU:C:2016:436.’;
Proposal for a regulation
(3) recital 18b is replaced by the following:
Recital 6 c (new)
“(18b) In Annex III, Subpart FTL to Commission Regulation (EU) No 965/2012* , the concept of ‘home base’ for flight crew and cabin crew members is defined as the location, assigned by the operator to the crew member, from where the crew member normally starts and ends a duty period or a series of duty periods and where, under normal circumstances, the operator is not responsible for the accommodation of the crew member concerned.
Amendment 20
________
Proposal for a regulation
* 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 of the Council (OJ L 296, 25.10.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/965/oj).”;
Recital 6 d (new)
(4) recital 24 is replaced by the following:
Amendment 21
‘(24) In line with the case-law of the Court of Justice, long-term care benefits for insured persons and members of their families should, in principle, continue to be coordinated in line with 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 the case of overlapping long-term care benefits in kind and in cash.
Proposal for a regulation
(24a) Long-term care benefits refer only to benefits which have the primary purpose of addressing the care needs of a person who, on account of an impairment due, for example, to old age, disability or illness, requires considerable assistance from others to carry out essential activities of daily living for an extended period of time. Moreover, long-term care benefits refer only to benefits which can be considered to be social security benefits within the meaning of this Regulation. In line with the case-law of the Court of Justice, for example in Case C-433/13, Commission v Slovak Republic*, social security benefits are benefits granted without any individual and discretionary assessment of the personal needs of the beneficiaries, on the basis of a legally defined position. Long-term care benefits should therefore be interpreted accordingly. In particular, long-term care benefits should not include social or medical assistance. Benefits granted on a discretionary basis, after an individual assessment of the claimant's personal needs, are not considered to be long-term care benefits for the purposes of this Regulation.
Recital 6 e (new)
_______
Amendment 22
* Judgment of the Court of 16 September 2015, Commission v Slovak Republic, C-433/13, ECLI:EU:C:2015:602.’;
Proposal for a regulation
(5) the following recitals are inserted:
Recital 6 f (new)
‘(32a) It is for the Member States to decide whether to extend the period of six months provided for in Article 64(1), point (c), of this Regulation, in accordance with Union law, including the judgment of the Court of Justice in Case C-551/16, Klein Schiphorst*.
Amendment 23
(32b) Article 45 TFEU guarantees the freedom of movement for workers within the Union and prohibits any discrimination based on nationality between workers of the Member States as regards, inter alia, employment. Pursuant to Regulation (EU) No 492/2011 of the European Parliament and of the Council**, frontier workers, are also to enjoy such fundamental rights without discrimination. Article 5 of that Regulation provides that a national of a Member State who seeks employment in the territory of another Member State is to receive the same assistance there as that afforded by its employment offices to its own nationals seeking employment.
Proposal for a regulation
(32c) Decision 573/2014/EU of the European Parliament and of the Council*** establishes a Union-wide network of Public Employment Services (PES) aiming to encourage cooperation between Member States in the field of employment within the areas of PES responsibility, including by supporting increased voluntary geographical and occupational mobility on a fair basis to meet specific labour market needs.
Recital 6 g (new)
________
Amendment 24
* Judgment of the Court of 21 March 2018, J. Klein Schiphorst, C-551/16, ECLI:EU:C:2018:200.
Proposal for a regulation
** Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1, ELI: http://data.europa.eu/eli/reg/2011/492/oj).
Recital 7
*** Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32, ELI: http://data.europa.eu/eli/dec/2014/573(2)/oj)’;
Amendment 25
(6) the following recitals are inserted:
Proposal for a regulation
‘(35a) For the purpose of calculating the differential supplement, this Regulation takes into account the judgment of the Court of Justice in Case C-347/12, Wiering*, while providing for necessary clarifications and simplifications. Taking into account the particular nature of the various family benefits of the Member States, two categories of family benefits should be distinguished on the basis of their main purpose, their objectives and the basis on which they are granted.
Recital 8
(35b) Family benefits in cash that are primarily intended to replace income not earned, in whole or in part, or income that the person cannot earn, due to child-raising, can be distinguished from other family benefits intended to meet family expenses. Because 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 are listed in Annex XIII, Part I, to this Regulation. The Member State with secondary competence should be able not to apply the rules of priority in the case of overlapping 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 to such benefits. Where a Member State does not apply the priority rules, it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Annex XIII, Part II.
Amendment 26
(35c) This Regulation takes account of Council Regulation No 4/2009** where relevant.
Proposal for a regulation
________
Recital 9
* Judgment of the Court of Justice of 13 June 2014, Wiering, C-347/12, ECLI:EU:C:2014:300.
Amendment 27
** Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/4(1)/oj).’;
Proposal for a regulation
(7) the following recital is inserted:
Recital 10
"(39a) The relevant Union data protection acquis, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council*, applies to the processing of personal data pursuant to this Regulation.
Amendment 28
________
Proposal for a regulation
* Regulation (EU) 2016/679 of the European Parliament and of 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 L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).";
Recital 10 a (new)
(8) the following recitals are inserted:
Amendment 29
‘(40a) In accordance with the principles laid down in Article 6 of Regulation (EU) 2018/1724 of the European Parliament and of the Council*, Member States are to ensure that employers or the persons concerned can, subject to the establishment of the relevant procedures, access and complete a request for the determination of applicable social security legislation fully online. A fully online procedure includes an automatic acknowledgement of receipt, unless the output of the procedure is delivered immediately. The procedure should be user friendly. This Regulation requires Member States to progressively enhance their use of new technologies for the exchange of, access to and processing of the data required to apply the social security coordination rules. Those rules include the procedures referred to in Articles 15, 16 and 19 of Regulation (EC) No 987/2009.
Proposal for a regulation
(40b) In light of the objective of the social security coordination legislation in the Union, while Member States have a responsibility to uphold obligations arising from Union law in the areas covered by this Regulation and by Regulation (EC) No 987/2009, potential measures against infringements of those obligations should not impede the exercise of free movement within the Union. In particular, measures to address a failure to comply with the obligations specified in Article 15(1) of Regulation (EC) No 987/2009, which require the notification to the competent institution of the Member State whose legislation is applicable before the start of an activity in another Member State and the request for the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009, are not to result in unjustified and disproportionate restrictions of the exercise of free movement by the persons concerned. Failure to comply with those obligations does not automatically result in a change of the applicable national legislation, which should be determined in accordance with Title II of this Regulation. Furthermore, those obligations should be interpreted and enforced consistently with the established case-law of the Court of Justice concerning the attestation on the applicable legislation, which is usually issued by means of a certificate known as Portable Document A1 (PDA1), and its predecessor, the E-101 certificate.
Recital 10 b (new)
(40c) To ensure that social security coordination rules remain fit for purpose, it is important to take into account the technological progress and benefits of digitalisation, in particular in streamlining and simplifying the exchange of information between the competent institutions. Technological advances in social security coordination, such as a fully implemented and operational European Electronic Exchange of Social Security Information system, can contribute to simplifying the process and the compliance with Article 15 of Regulation (EC) No 987/2009. Digitalising the process of requesting and receiving social security attestations, including that regarding the applicable legislation, will be another important step towards a solution that enables the real-time verification of those attestations across borders, allowing for swift confirmation of their validity. The Commission and Member States are closely collaborating to advance the digitalisation of such interactions between individuals and public bodies, such as through the European Social Security Pass initiative. European Digital Identity Wallets, established by Regulation (EU) 2024/1183 of the European Parliament and of the Council**, have the potential to become a digital system facilitating user-friendly and secure identification and verification across borders.
Amendment 30
(40d) Member States should continue investing in the digitalisation of their social security systems, as appropriate, inter alia with a view to ensuring a seamless digital experience for mobile citizens and businesses. To that end, they could use available Union funding instruments. Where applicable, such funding could be leveraged to support relevant reforms at national level that are necessary to promote the proper enforcement of this Regulation and of Regulation (EC) No 987/2009,and to combat fraud and error, including by improving data collection and reporting.
Proposal for a regulation
(40e) The purpose of the European Labour Authority (ELA) is, inter alia, to assist Member States and the Commission in the effective application and enforcement of Union law related to labour mobility across the Union and the coordination of social security systems within the Union, thereby contributing within its mandate to ensuring fair labour mobility across the Union. Pursuant to Regulation (EU) 2019/1149 of the European Parliament and of the Council***, the ELA facilitates and enhances cooperation between Member States, including by facilitating concerted and joint inspections, which could also concern compliance with the notification obligation and the detection of abuses with regard to exemptions from that obligation, and by facilitating the cooperation and acceleration of the exchange of information between Member States. The ELA promotes the potential use of electronic exchange mechanisms and databases between the Member States, to facilitate access to data in real time and to detect fraud, and may suggest possible improvements in the use of those mechanisms and databases.
Recital 10 c (new)
________
Amendment 31
* Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1), ELI: http://data.europa.eu/eli/reg/2018/1724/oj).
Proposal for a regulation
** Regulation (EU) 2024/1183 of the European Parliament and of the Council of 11 April 2024 amending Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1183/oj).
Recital 10 d (new)
*** Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj).’;
Amendment 32
(9) the following recital is added:
Proposal for a regulation
‘(46) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and is to be implemented in accordance with those rights and principles,’;
Recital 11
(10) Article 1 is amended as follows:
Amendment 33
(a) in point (i)(1), point (ii) is replaced by the following:
Proposal for a regulation
‘(ii) with regard to benefits in kind pursuant to Title III, Chapter 1, 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 or she resides;’;
Recital 11 a (new)
(b) in point (va), point (i) is replaced by the following:
Amendment 34
‘(i) for the purposes of Title III, Chapter 1, with regard to 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;
Proposal for a regulation
(ia) for the purposes of Title III, Chapter 1, with regard to long-term care 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 long-term care as referred to in point (vb) of this Article;’;
Recital 12
(c) the following point is inserted:
Amendment 35
‘(vb) 'long-term care benefits' means benefits in kind or in cash, the purpose of which is to address the care needs of a person who, on account of ▌ an impairment, requires considerable assistance from another person or persons to carry out essential ▌ activities of daily living for an extended period of time in order to support his or her personal autonomy, including benefits granted ▌ for the same purpose to the person providing such assistance;’;
Proposal for a regulation
(11) in Article 3(1), point (a) is replaced by the following:
Recital 13
‘(a) sickness and long-term care benefits;’;
Amendment 36
(12) in Article 9, paragraph 1 is replaced by the following:
Proposal for a regulation
‘1. The Member States shall notify the Commission in writing of the declarations made in accordance with Article 1, point (l), the legislation and schemes referred to in Article 3, the conventions entered into as referred to in Article 8(2), the minimum benefits referred to in Article 58, as well as any substantive amendments thereto. Such notifications shall indicate the date from which this Regulation will apply to the schemes specified by the Member States.’;
Recital 16
(13) Article 11 is amended as follows:
Amendment 37
(a) paragraph 2 is replaced by the following:
Proposal for a regulation
‘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 that activity. This shall not apply to invalidity, old-age or survivors' pensions, to pensions in respect of accidents at work or occupational diseases, or to long-term care benefits in cash provided to the person in need of care.’;
Recital 16 a (new)
(b) paragraph 5 is replaced by the following:
Amendment 38
"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, Subpart FTL, to Regulation (EU) No 965/2012 , is located.”;
Proposal for a regulation
(14) Article 12 is replaced by the following:
Recital 17
‘Article 12
Amendment 39
Special rules
Proposal for a regulation
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 the anticipated duration of such work does not exceed 24 months and that the person is not replacing another employed person sent pursuant to this paragraph or a self-employed person as referred to in paragraph 2.
Recital 21 a (new)
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 the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another employed person sent pursuant to paragraph 1 or a self-employed person as referred to in this paragraph.
Amendment 40
3. Where an employed person as referred to in paragraph 1 or a self-employed person as referred to in paragraph 2 does not complete the work or activity in the other Member State and is replaced by another person, the other person shall continue to be subject to the legislation of the Member State from which he or she is sent or in which he or she normally pursues an activity as a self-employed person, provided that the total duration of work or activity by all persons concerned in the other Member State does not exceed 24 months and the other conditions laid down in paragraph 1 or 2 are fulfilled.";
Proposal for a regulation
(15) in Article 13, paragraph 5 is replaced by the following:
Article 1 – paragraph 1 – point 1
“4a. A person who is pursuing an employed or self-employed activity in one Member State while receiving unemployment benefits from another Member State shall be subject to the legislation of the Member State paying the unemployment benefits.
Regulation (EC) No 883/2004
5. Persons referred to in paragraphs 1 to 4a shall be treated, for the purposes of the legislation determined in accordance with these provisions, as though they were pursuing all their activities as employed or self-employed persons and were receiving all their income in the Member State concerned.”;
Recital 2 – second sentence
(16) in Title III, the title of Chapter 1 is replaced by the following:
Amendment 41
‘Sickness, long-term care, maternity and equivalent paternity benefits’;
Proposal for a regulation
(17) in Article 19, paragraph 1 is replaced by the following:
Article 1 – paragraph 1 – point 2
‘1. Unless otherwise provided for pursuant to 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 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. Those benefits shall be provided on behalf of the competent institution by the institution of the Member State of stay, in accordance with the provisions of that Member State’s legislation, as though the person concerned were insured under that legislation.’;
Regulation (EC) No 883/2004
(18) in Article 20, paragraph 1 is replaced by the following:
Recital 5
‘1. Unless otherwise provided for by this Regulation, an insured person travelling to another Member State with the purpose of receiving, during the stay, benefits in kind as referred to in Article 1, point (va)(i), shall seek authorisation from the competent institution.’;
Justification
(19) Article 30 is replaced by the following:
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.
‘Article 30
Amendment 42
Contributions by pensioners
Proposal for a regulation
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 that Member State.
Article 1 – paragraph 1 – point 3
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, those contributions shall not be payable by virtue of such residence.’;
Regulation (EC) No 883/2004
(20) in Article 32, the following paragraph is added:
Recital 5a
"3. Where a member of the family has a derivative right to benefits under the legislation of more than one Member State, the following priority rules shall apply:
Amendment 43
(a) in the case of rights available on a different basis, the order of priority shall be as follows:
Proposal for a regulation
(i) rights available on the basis of an activity as an employed or self-employed person of the insured person;
Article 1 – paragraph 1 – point 3
(ii) rights available on the basis of the receipt of a pension by the insured person;
Regulation (EC) No 883/2004
(iii) rights available on the basis of the residence of the insured person;
Recital 5b
(b) in the case of derivative rights available on the same basis, the order of priority shall be established by referring to the place of residence of the member of the family as a subsidiary criterion;
Justification
(c) where it is impossible to establish the order of priority on the basis of point (a) or (b), the longest period of insurance of the insured person under a national pension scheme shall be applicable.";
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.
(21) the following article is inserted:
Amendment 44
‘Article 33a
Proposal for a regulation
Long-term care benefits
Article 1 – paragraph 1 – point 3
1. The Administrative Commission shall, after consulting the social partners, draw up a detailed list of long-term care benefits which meet the criteria laid down in Article 1, point (vb), indicating, in each case, whether they are benefits in kind or benefits in cash and whether they are provided to the person receiving care or to the carer.
Regulation (EC) No 883/2004
2. Where long-term care benefits falling under this Chapter also have the characteristics of benefits coordinated under a different Chapter of Title III, a Member State may, by way of derogation from paragraph 1 of this Article, coordinate such benefits in accordance with the rules of that Chapter, provided that the overall outcome of such coordination is at least as favourable for the beneficiaries as if the benefits were coordinated as long-term care benefits under this Chapter and provided that they are listed in Annex XII, specifying which Chapter of Title III applies.
Recital 5c
3. Article 34(1) and (2) of this Regulation shall also apply to benefits listed in Annex XII.’;
Amendment 45
(22) Article 34 is replaced by the following:
Proposal for a regulation
‘Article 34
Article 1 – paragraph 1 – point 4 a (new)
Overlapping of long-term care benefits
Regulation (EC) No 883/2004
1. Where a person receiving long-term care benefits in cash from the competent Member State pursuant to Article 21 or 29 is also entitled, pursuant to this Chapter, to claim benefits in kind intended for the same purpose from the institution of the Member State of residence or stay, and those benefits in kind are subject to reimbursement by the institution of the competent Member State pursuant to Article 35, Article 10 shall apply. To that end, if the person concerned receives those benefits in kind, the amount of the benefits in cash granted by the competent Member State shall be reduced by the value of those benefits in kind.
Recital 20
2. 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.
Amendment 46
3. Where long-term care benefits in cash are provided for under the legislation of more than one Member State during the same period and for the same children, the priority rules in the event of overlapping laid down in Article 68(1) shall be applicable.’;
Proposal for a regulation
(23) in Article 50, paragraph 2 is replaced by the following:
Article 1 – paragraph 1 – point 5
‘2. If at a given moment the person concerned does not satisfy, or no longer satisfies, the conditions laid down by all the legislations of the Member States to which he or she has been subject, the institutions applying legislation the conditions of which have been satisfied shall not take into account, when performing the calculation in accordance with Article 52(1), point (b), the periods completed under the legislations the conditions of which have not been satisfied, or are no longer satisfied, where this gives rise to a lower amount of benefit.’;
Regulation (EC) No 883/2004
(24) the following article is inserted:
Recital 24
‘Article 60a
Amendment 47
Special rules on the aggregation of periods for unemployment benefits
Proposal for a regulation
For the purposes of the application of Article 6 when applied in the context of this Chapter, only 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.’;
Article 1 – paragraph 1 – point 6
(25) Articles 61, 62 and 63 are replaced by the following:
Regulation (EC) No 883/2004
’Article 61
Recital 35a
Special rules on the aggregation of periods of insurance, employment or self-employment and competence for the payment of unemployment benefits
Amendment 48
1. Except as regards wholly unemployed persons as referred to in Article 65(2), (3) and (5), the application of Articles 6 and 60a by the Member State of the most recent period of insurance, employment or self-employment shall be conditional on the person concerned having most recently completed an uninterrupted period of at least one month of insurance, employment or self-employment, in accordance with the legislation of the Member State under which the benefits are claimed.
Proposal for a regulation
2. Where an unemployed person has not completed an uninterrupted period of at least one month of insurance, employment or self-employment in accordance with the legislation of the Member State referred to in paragraph 1, that person shall be entitled to unemployment benefits in accordance with the legislation of the previous Member State where he or she completed a period of insurance, employment or self-employment, provided that such a period was uninterrupted for at least one month. The Member State that becomes competent pursuant to this paragraph shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a to the extent necessary, and in accordance with Article 64a.
Article 1 – paragraph 1 – point 7
3. Where an unemployed person has not completed an uninterrupted period of at least one month of insurance, employment or self-employment in one of the Member States referred to in paragraph 1 or 2 of this Article, the Member State of the most recent period of insurance, employment or self-employment shall become competent, and shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a to the extent necessary.
Regulation (EC) No 883/2004
Article 62
Recital 39a
Calculation of benefits
Amendment 49
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 exclusively the salary or professional income received by the person concerned in respect of his or her last activity as an employed or self-employed person under that legislation.
Proposal for a regulation
2. Paragraph 1 shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary or professional income which serves as a basis for the calculation of benefits and where, for all or part of that period, the person concerned was subject to the legislation of another Member State.
Article 1 – paragraph 1 – point 8
3. By way of derogation from paragraphs 1 and 2 of this Article, as far as the unemployed persons covered by Article 65(2), first and second subparagraphs, are concerned, the institution of the Member State of residence shall take into account, under the conditions and limitations of the legislation it applies, the salary or professional income received by the person concerned in the Member State to whose legislation he or she was subject during his or her last activity as an employed or self-employed person, in accordance with the Implementing Regulation.
Regulation (EC) No 883/2004
Article 63
Recital 46
Special provisions for the waiving of residence rules
Amendment 50
For the purposes of this Chapter, Article 7 shall apply only in the cases provided for by Articles 64, 64a and 65 and shall apply within the limits prescribed therein.’;
Proposal for a regulation
(26) Article 64 is amended as follows:
Article 1 – paragraph 1 – point 8
(a) in paragraph 1, point (c) is replaced by the following:
Regulation (EC) No 883/2004
‘(c) the unemployed person shall retain his or her entitlement to benefits for a period of six months from the date on which the unemployed person ceased to be available to the employment services of the Member State which he or she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his or her entitlement to benefits under the legislation of that Member State; the competent services or institutions may extend the period of six months until the end of the period of that person's entitlement to benefits;’;
Recital 47
(b) paragraph 3 is replaced by the following:
Amendment 51
‘3. Unless the legislation of the competent Member State is more favourable, between two periods of employment the maximum total period for which an unemployed person shall retain his or her entitlement to benefits under paragraph 1 of this Article and Article 64a shall be six months; the competent services or institutions may extend that period until the end of the period of that person's entitlement to benefits.’;
Proposal for a regulation
(27) the following article is inserted:
Article 1 – paragraph 1 – point 8
“Article 64a
Regulation (EC) No 883/2004
Special rules for unemployed persons who move to another Member State without fulfilling the conditions laid down in Article 61(1) and Article 64
Recital 48 a (new)
1. In the situation referred to in Article 61(2), the Member State that becomes competent shall provide unemployment benefits, in accordance with its legislation, for the period laid down in Article 64(1), point (c), if the unemployed person makes him or herself available to the employment services in the Member State of the most recent period of insurance, employment or self-employment and complies with the conditions laid down under the legislation of that Member State. Registration with the employment services of the Member State of the most recent period of insurance, employment or self-employment shall have the same effect as registration with the employment services of the competent Member State. Article 64(2) to (4) shall apply mutatis mutandis.
Amendment 52
2. If the unemployed person referred to in paragraph 1 wishes to seek work in a Member State other than the Member State competent for unemployment benefits or the Member State of the most recent period of insurance, employment or self-employment, Article 64 shall apply mutatis mutandis. For those purposes, Article 64(1), point (a), shall be read as referring to the employment services of the Member State of the most recent period of insurance, employment or self-employment.”;
Proposal for a regulation
(28) Article 65 is replaced by the following:
Article 1 – paragraph 1 – point 8
"Article 65
Regulation (EC) No 883/2004
Unemployed persons who resided in a Member State other than the competent Member State
Recital 48 b (new)
1. A person who is wholly, partially or intermittently unemployed and 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 him or herself available ▌ to the employment services in the competent Member State, or, in the case of partially or intermittently unemployed persons, where applicable, to the employer to whom he or she remains available.
Amendment 53
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 and shall be subject to the rights and obligations laid down by that legislation. Those benefits shall be provided by the institution of the competent Member State.
Proposal for a regulation
2. By way of derogation from paragraph 1, a wholly unemployed person ▌ shall make him or herself available to the employment services in the Member State of residence ▌ provided that:
Article 1 – paragraph 1 – point 8
(a) during his or her last activity as an employed or self-employed person, that person resided in a Member State other than the competent Member State;
Regulation (EC) No 883/2004
(b) that person continues to reside in, or has returned to, the Member State of residence; and
Recital 48 c (new)
(c) that person did not complete an uninterrupted period of insurance, employment or self-employment of 22 weeks exclusively under the legislation of the competent Member State.
Amendment 54
The wholly unemployed person referred to in the first subparagraph shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance, employment or self-employment under the legislation of that Member State. Such benefits shall be provided by the institution of the Member State of residence.
Proposal for a regulation
A wholly unemployed person referred to in this paragraph who would be entitled to unemployment benefits solely under the national legislation of the competent Member State without the application of Article 6 of this Regulation may, alternatively, make him or herself available to the employment services in that Member State and shall receive benefits in accordance with the legislation of that Member State as if he or she were residing there.
Article 1 – paragraph 1 – point 8
3. Paragraph 2 of this Article shall not apply to a wholly unemployed person who, during his or her most recent activity before becoming unemployed, completed periods of insurance as a self-employed person or periods of self-employment recognised for the purpose of entitlement to unemployment benefits in a Member State other than his or her Member State of residence, and whose Member State of residence has submitted a notification, pursuant to Article 9, stating that no category of self-employed persons is covered by an unemployment benefits system of that Member State.
Regulation (EC) No 883/2004
4. If a wholly unemployed person as referred to in paragraph 1, paragraph 2, third subparagraph, or paragraph 3, of this Article does not wish to become or remain available to the employment services of the competent Member State after having been registered there and decides to seek work in the Member State of residence, Article 64, with the exception of paragraph 1, point (a), thereof, shall apply mutatis mutandis.
Recital 48 d (new)
5. Where a wholly unemployed person referred to in paragraph 4 decides to seek work in the Member State of residence and he or she previously completed periods of insurance, employment or self-employment under the legislation of that Member State, aggregated with periods completed in the Member State of the last activity and other Member States of other previous activities, he or she may, after the end of the period during which he or she receives unemployment benefits from the institution of the competent Member State pursuant to paragraph 4, claim unemployment benefits under the legislation of the Member State of residence, as if he or she had completed all periods in that Member State. The competent institution of the Member State of residence shall provide unemployment benefits in accordance with the legislation of that Member State. The period during which the unemployed person received benefits under the legislation of the competent Member State shall be deducted from the corresponding period of entitlement to benefits under the legislation of the Member State of residence.
Amendment 55
6. A wholly unemployed person referred to in this Article may make him or herself available to the employment services of the competent Member State or the Member State of residence, in addition to making him or herself available to the employment services of the ▌ Member State providing the benefits under paragraph 1 or 2.’;
Proposal for a regulation
(29) Article 65a is deleted;
Article 1 – paragraph 1 – point 8
(30) Article 68 is amended as follows:
Regulation (EC) No 883/2004
(a) paragraph 2 is replaced by the following:
Recital 48 e (new)
‘2. In the case of overlapping entitlements, family benefits shall be provided in accordance with the legislation designated as having priority in accordance with paragraph 1. Entitlements to family benefits by virtue of conflicting legislation shall be suspended up to the amount provided for by the first legislation for benefits of the same kind and a differential supplement shall be provided, if necessary, for the sum which exceeds that amount. However, there is no requirement to provide such a differential supplement with regard to children residing in another Member State when entitlement to the benefits in question is based on residence only.
Amendment 56
2a. For the purpose of calculating the differential supplement for family benefits under paragraph 2, there shall be two categories of benefits of the same kind:
Proposal for a regulation
(a) family benefits in cash that are primarily intended to replace income not earned, in whole or in part, or income that the person cannot earn, due to child-raising; and
Article 1 – paragraph 1 – point 9 – point a
(b) family benefits other than those referred to in point (a).’;
Regulation (EC) No 883/2004
(31) the following article is inserted:
Article 1 – point c
"Article 68b
Amendment 57
Special provision for family benefits in cash intended to replace income during the period of child raising
Proposal for a regulation
1. Family benefits referred to in Article 68(2a), point (a), of this Regulation, which are listed in Annex XIII, Part I, of this Regulation, shall be awarded under the legislation of the competent Member State solely to the person subject to that legislation. There shall be no derived right ▌ to such benefits. Article 68a of this Regulation shall not apply to such benefits and the competent institution shall not be required to take into account a claim submitted by the other parent, a guardian or an institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
Article 1 – paragraph 1 – point 9 – point a a (new)
2. By way of derogation from Article 68(2), in cases of overlapping entitlements under conflicting legislation, a Member State may award a family benefit referred to in paragraph 1 of this Article in full to a beneficiary regardless of the amount provided for by the first legislation. Member States that apply such a derogation shall be listed in Annex XIII, Part 2, indicating the family benefit to which the derogation applies.";
Regulation (EC) No 883/2004
(32) in Article 72, the following point is inserted:
Article 1 – point c
‘(ea) provide opinions, if requested by the Commission, in the early preparation of the implementing acts referred to in Article 88b of this Regulation and Article 86a of the Implementing Regulation, and make any relevant proposals to the Commission for the revision of those implementing acts;’;
Amendment 58
(33) the following article is inserted in "Title V MISCELLANEOUS PROVISIONS":
Proposal for a regulation
‘Article 75a
Article 1 – paragraph 1 – point 9 – point b
Obligation of competent authorities
Regulation (EC) No 883/2004
1. The competent authorities shall, in accordance with their national law and practice, ensure that their relevant institutions are informed of and apply all provisions, legislative or otherwise, including the decisions of the Administrative Commission, in the areas covered by and in accordance with the terms of this Regulation and of the Implementing Regulation.
Article 1 – point i – point 1 – point ii
2. In order to ensure the correct determination of the applicable legislation, the competent authorities shall promote, where appropriate, cooperation between their institutions and other relevant bodies, such as labour inspectorates, in their Member States.’;
Amendment 59
(34) Article 86 is deleted, without prejudice to Article 91, fourth and fifth paragraphs;
Proposal for a regulation
(35) in Article 87a, paragraph 2 is deleted;
Article 1 – paragraph 1 – point 9 – point b a (new)
(36) the following article is inserted:
Regulation (EC) No 883/2004
“Article 87b
Article 1 – point i – point 1 – point ii
Transitional provision relating to the provisions referred to in Article 91 of this Regulation and in Article 97 of the Implementing Regulation
Amendment 60
1. No rights shall be acquired pursuant to the provisions referred to in Article 91, third paragraph, of this Regulation or in Article 97, second paragraph, of the Implementing Regulation before the relevant dates of application referred to therein.
Proposal for a regulation
2. Any period of insurance and, where appropriate, any period of employment and self-employment or residence completed under the legislation of a Member State before the relevant dates of application as set out in Article 91, third, fourth and fifth paragraphs, of this Regulation and in Article 97, second, third and fourth paragraphs, of the Implementing Regulation shall be taken into consideration by the Member State concerned for the determination of rights acquired pursuant to those provisions.
Article 1 – paragraph 1 – point 9 – point c
3. Subject to paragraph 1 of this Article, rights may be acquired pursuant to the provisions referred to in Article 91, third paragraph, of this Regulation and in Article 97, second paragraph, of the Implementing Regulation even if they relate to a contingency arising before the date of application of those provisions in the Member State concerned.
Regulation (EC) No 883/2004
4. Where, pursuant to Title II of this Regulation, a person is subject to the legislation of a Member State other than that to which he or she was subject before … [date of application of the amendments introduced by the amending Regulation], the legislation applicable before that date shall continue to apply for a transitional period lasting for as long as the situation remains unchanged. That transitional period shall in any event end on … [10 years after the date of entry into force of the amending Regulation].
Article 1 – point va – point i
The person concerned may request that the transitional period no longer apply to him or her. Such a request shall be submitted to the institution designated by the competent authority of the Member State of residence. Requests submitted on or before … [27 months after the date of entry into force of the amending Regulation] shall be deemed to be submitted on … [24 months after the date of entry into force of the amending Regulation]. Requests submitted after … [27 months after the date of entry into force of the amending Regulation] shall be deemed to be submitted on the first day of the month following the date of their submission.
Amendment 61
This paragraph shall not apply to Article 12. Article 12, in the version in force before … [date of the entry into force of the amending Regulation], shall continue to apply to employed persons who are sent to, or self-employed persons who pursue a similar activity in, another Member State before … [ 24 months after entry into force of the amending Regulation].
Proposal for a regulation
5. Title III, Chapter 1, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to long-term care benefits for which applications were submitted before … [24 months after the date of entry into force of the amending Regulation].
Article 1 – paragraph 1 – point 9 – point c a (new)
6. Title III, Chapter 6,in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to unemployment benefits for which applications were submitted before the relevant date of application as set out in Article 91, third, fourth and fifth paragraphs.
Regulation (EC) No 883/2004
7. Title III, Chapter 8, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to family benefits for children who were born before … [24 months after the date of entry into force of the amending Regulation].’;
Article 1 – point va – point i
(37) Article 88 is replaced by the following:
Amendment 62
‘Article 88
Proposal for a regulation
Delegating the power to amend the Annexes
Article 1 – paragraph 1 – point 9 – point d
The Commission is empowered to adopt delegated acts in accordance with Article 88a to periodically amend the Annexes to this Regulation and to the Implementing Regulation following a request from the Administrative Commission.
Regulation (EC) No 883/2004
Article 1 – point vb
Amendment 63
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb a (new)
Amendment 64
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb b (new)
Amendment 65
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point a
Amendment 66
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba
Amendment 67
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4
Amendment 68
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 883/2004
Article 11 – paragraph 2
Amendment 69
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a a (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 2
Amendment 70
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a b (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 3 – point c
Amendment 71
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a c (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 4
Amendment 72
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Regulation (EC) No 883/2004
Article 11 – paragraph 5
Amendment 73
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12
Amendment 74
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 883/2004
Article 13 – paragraph 1
Amendment 75
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Regulation (EC) No 883/2004
Article 13 – paragraph 4a
Amendment 76
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Article 15 a (new)
Amendment 77
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EC) No 883/2004
Title III – chapter 1 – title
Amendment 78
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 19
Amendment 79
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point 14 d (new)
Regulation (EC) No 883/2004
Article 20 – title
Amendment 80
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point 14 e (new)
Regulation (EC) No 883/2004
Article 20 – paragraph 2
Amendment 81
Proposal for a regulation
Article 1 – paragraph 1 – point 14 f (new)
Regulation (EC) No 883/2004
Article 25
Justification
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.
Amendment 82
Proposal for a regulation
Article 1 – paragraph 1 – point 14 g (new)
Regulation (EC) No 883/2004
Article 27 – title
Amendment 83
Proposal for a regulation
Article 1 – paragraph 1 – point 14 h (new)
Regulation (EC) No 883/2004
Article 27 – paragraph 3
Amendment 84
Proposal for a regulation
Article 1 – paragraph 1 – point 14 i (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Amendment 85
Proposal for a regulation
Article 1 – paragraph 1 – point 14 j (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 2
Amendment 86
Proposal for a regulation
Article 1 – paragraph 1 – point 14 k (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 3
Amendment 87
Proposal for a regulation
Article 1 – paragraph 1 – point 14 l (new)
Regulation (EC) No 883/2004
Article 30
Amendment 88
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EC) No 883/2004
Article 32 – paragraph 3 – point a – point i
Justification
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.
Amendment 89
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a (new)
Amendment 90
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EC) No 883/2004
Article 34
Amendment 91
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34
Amendment 92
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1a
Amendment 93
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
Amendment 94
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 883/2004
Article 62 – paragraph 1
Amendment 95
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c
Amendment 96
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b
Regulation (EC) No 883/2004
Article 64 – paragraph 3
Amendment 97
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64a
Amendment 98
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
Justification
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.
Amendment 99
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
Justification
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.
Amendment 100
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Article 71 – paragraph 1
Amendment 101
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Regulation (EC) 883/2004
Article 75a – paragraph 1
Amendment 102
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Regulation (EC) No 883/2004
Article 75a – paragraph 2
Amendment 103
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1
Amendment 104
Proposal for a regulation
Article 1 – paragraph 1 – point 25 a (new)
Regulation (EC) No 883/2004
Article 79
Amendment 105
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article -88 (new)
Amendment 106
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88a
Amendment 107
Exercise of the delegation
Proposal for a regulation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Annex I – point 7
2. The power to adopt delegated acts referred to in Article 88 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of the amending Regulation].
Regulation (EC) No 883/2004
3. The delegation of the power referred to in Article 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.
Annex XII – title
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 108
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Proposal for a regulation
6. A delegated act adopted pursuant to Article 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 expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.’;
Article 2 – paragraph 1 – point -1 (new)
(38) the following articles are inserted:
Regulation (EC) No 987/2009
‘Article 88b
Recital 13
Power to adopt implementing acts
Amendment 109
1. The Commission shall adopt implementing acts to specify the procedure, including, where appropriate, time limits, to be followed in order to ensure uniform conditions for the implementation of Title II of this Regulation and of the corresponding procedures set out in the Implementing Regulation. Those implementing acts shall establish standard procedures for:
Proposal for a regulation
(a) the issuance, format and contents of attestations certifying the social security legislation applicable to their holder, as well as the automatic acknowledgment of receipt of the request for such attestations, which acknowledgement shall indicate its date of issuance and the information contained in the request;
Article 2 – paragraph 1 – point 3
(b) the elements to be verified before the attestations can be issued, withdrawn or rectified;
Regulation (EC) No 987/2009
(c) the withdrawal or rectification of the attestations by the issuing institution in accordance with the procedure set out in the Implementing Regulation.
Recital 26
2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88c(2).
Justification
Article 88c
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.
Committee procedure
Amendment 110
1. The Commission shall be assisted by a committee. The Committee is a committee within the meaning of Regulation (EU) No 182/2011.
Proposal for a regulation
2. Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.’;
Article 2 – paragraph 1 – point 4
(39) Article 91 is replaced by the following:
Regulation (EC) No 987/2009
‘Article 91
Article 1 – paragraph 2 – point ea
Entry into force and application
Amendment 111
This Regulation shall enter into force on the twentieth day after its publication in the Official Journal of the European Union.
Proposal for a regulation
It shall apply from 1 May 2010.
Article 2 – paragraph 1 – point 5
Notwithstanding the second paragraph, the following dates of application shall apply:
Regulation (EC) No 987/2009
(1) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from that date:
Article 2 – paragraph 5
(a) Article 11(5);
Justification
(b) Article 50(2);
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.
(c) Article 72(ea);
Amendment 112
(d) Articles 75a and 86;
Proposal for a regulation
(e) Article 87a(2);
Article 2 – paragraph 1 – point 5
(f) Articles 87b, 88, 88a, 88b and 88c;
Regulation (EC) No 987/2009
(g) Annexes I, II, III, IV, VI, VIII, IX, X and XI.
Article 2 – paragraph 6
(2) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from … [24 months after the date of entry into force of the amending Regulation]:
Justification
(a) Article 1, points (i)(1)(ii), (va)(i), (va)(ia) and (vb);
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.
(b) Article 3(1), point (a);
Amendment 113
(c) Article 9(1);
Proposal for a regulation
(d) Article 11(2);
Article 2 – paragraph 1 – point 7
(e) Article 12;
Regulation (EC) No 987/2009
(f) Article 13(4a) and (5);
Article 5 – paragraph 1
(g) Article 19(1);
Amendment 114
(h) Article 20(1);
Proposal for a regulation
(i) Article 30;
Article 2 – paragraph 1 – point 7
(j) Article 32(3);
Regulation (EC) No 987/2009
(k) Articles 33a, 34, 60a, 61, 62 and 63;
Article 5 – paragraph 2
(l) Article 64(1)(c) and (3);
Amendment 115
(m) Articles 64a, 65 and 65a;
Proposal for a regulation
(n) Article 68(2) and (2a);
Article 2 – paragraph 1 – point 7 a (new)
(o) Article 68b;
Regulation (EC) No 987/2009
(p) Annexes XII and XIII.
Article 5 – paragraph 4
Notwithstanding the third paragraph of this Article, with regard to persons for whom, during their last activity as an employed or self-employed person, Luxembourg was the competent Member State, Articles 65, 65a and 86, in the version in force before … [date of entry into force of the amending Regulation], shall apply until … [5 years after the date of entry into force of the amending Regulation].
Amendment 116
Luxembourg may notify the Commission that it is necessary to prolong the timeframe referred to in the fourth paragraph until… [7 years after the date of entry into force of the amending Regulation]. Such a notification of prolongation shall be made in reasonable time before the end of the timeframe referred to in the fourth paragraph. The notification shall be published in the Official Journal of the European Union.";
Proposal for a regulation
(40) the Annexes to Regulation (EC) No 883/2004 are amended in accordance with Annex I to this Regulation.
Article 2 – paragraph 1 – point 7 b (new)
Article 2
Regulation (EC) No 987/2009 is amended as follows:
Article 5 – paragraph 4 a (new)
(1) the following recital is inserted:
Justification
‘(12a) For the purpose of identifying the registered office or place of business of an undertaking, where a person pursues activity in two or more Member States, a series of factors should be taken into account to determine where the essential decisions of the undertaking are adopted and where the functions of the central administration are carried out. Examples of such factors are the turnover, the places where its general meetings are held, and the habitual nature of the activity pursued. The list of example factors is non-exhaustive and other factors may be relevant for determining the location of the registered office or place of business of an undertaking, in the framework of an overall assessment, giving due weight to each relevant factor according to the circumstances of the case.’;
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.
(2) the following recitals are inserted:
Amendment 117
‘(13a) Where an employed or self-employed person pursues his or her activity in a Member State other than the competent Member State pursuant to Article 12 of the basic Regulation, the competent institution of the Member State whose legislation is applicable should be informed thereof in advance and an attestation as referred to in Article 19(2) of this Regulation should be requested. Provision of information prior to the pursuit of the activity enables competent institutions to assess the situation of the persons concerned in advance and to ensure, from the outset, the correct determination and application of the social security legislation applicable, pursuant to Title II of the basic Regulation, thereby facilitating the exercise of freedom of movement for workers and of freedom to provide services, and increasing legal certainty as regards the social security coverage of the person concerned. It also allows for better coordination between national authorities, including the planning of controls. Where justified on the basis of the nature or length of the activity, it is appropriate to provide that the provision of such prior information and, in particular, the obligation to request such an attestation, should not apply to business trips or activities with a total duration of no more than three consecutive days of work within a period of 30 consecutive days.
Proposal for a regulation
(13b) Activities in the construction sector exhibit specific characteristics, such as to distinguish them from activities in other economic sectors. The high number of posted workers in the construction sector account for a high share of PDA1s issued under Article 12 of the basic Regulation and available analyses indicate that fraud, irregularities or abusive practices are often detected in relation to those activities. Available data also indicate that both the number of accidents at work, including fatal accidents, and the incidence rate of accidents at work are particularly high in the construction sector. The combination of those characteristics means that exempting activities in the construction sector from the obligation to inform the competent institution and to request the attestation concerning the applicable legislation, in advance, in the case of activities of up to three days’ duration could jeopardise the attainment of the objectives pursued by the basic Regulation and by this Regulation. Furthermore, maintaining that obligation for activities in the construction sector contributes to the enforcement work of national labour inspectorates or other competent authorities, which will benefit from the data generated for the purpose of carrying out risk assessments and effectively detecting fraudulent or abusive practices.
Article 2 – paragraph 1 – point 7 c (new)
(13c) In order to ensure the proper application of this Regulation, it is of the utmost importance to ensure compliance with the obligation to inform the competent institution and to request the attestation concerning the applicable legislation, in advance. To that end, Member States may, in accordance with national law, resort to taking proportionate measures against the employer or, in the case of a person who does not pursue an activity as an employed person, against the person concerned, for failure to comply with those obligations.
Regulation (EC) No 987/2009
(13d) In order to support job seekers in their search for work, taking into account the realities of cross-border regions, Member States should encourage members and partners of the European network of employment services (EURES) to participate in specific cooperation and service structures, and ensure that job seekers who reside in a Member State other than the competent Member State have access to the support services provided in cross-border regions.
Article 6 – paragraph 3
(13e) Where an unemployed person receiving unemployment benefits decides to go to another Member State to seek work there, the Member State paying the benefits and the Member State where the person goes to seek work should inform the person concerned about the support services provided by EURES including through its portal, and the possibility to register with EURES to enhance his or her chances of finding work in the other Member State. The Member State paying the benefits may consider providing the person concerned with guidance to register with EURES.’;
Amendment 118
(3) the following recital is inserted:
Proposal for a regulation
‘(18a) Certain specific rules and procedures are required for the reimbursement of the cost of benefits incurred by a Member State of residence where the persons concerned are insured in a different Member State. Member States that claim reimbursement of the cost of benefits in kind on the basis of fixed amounts should notify the annual average costs per person within a given deadline to allow reimbursement as promptly as possible. ";
Article 2 – paragraph 1 – point 7 d (new)
(4) recital 19 is replaced by the following:
Regulation (EC) No 987/2009
"(19) Procedures between institutions for mutual assistance in the recovery of social security claims should be strengthened in order to ensure more effective recovery and smooth functioning of social security schemes. Effective recovery is also a means of preventing and tackling abuses and fraud and of ensuring the sustainability of social security schemes. This involves the adoption of new procedures, taking as a basis a number of existing provisions in Council Directive 2010/24/EU*, in particular through the adoption of a uniform instrument for enforcement and the adoption of standard procedures for requesting mutual assistance and notification of instruments and measures relating to the recovery of social security claims.
Article 7 – paragraph 1 a (new)
_______________
Amendment 119
* Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (OJ L 84, 31.3.2010, p. 1, ELI: http://data.europa.eu/eli/dir/2010/24/oj)";
Proposal for a regulation
(5) the following recitals are added:
Article 2 – paragraph 1 – point 7 e (new)
"(25) The action to combat fraud and error is part of the proper implementation of Regulation (EC) No 883/2004 and this Regulation. It is, therefore, in the interest of legal certainty that this Regulation contains a clear legal basis for permitting competent institutions to exchange personal data with relevant authorities in other Member States relating to persons whose rights and obligations under Regulation (EC) No 883/2004 and this Regulation have already been established or to whom those Regulations apply, in order to prevent or identify fraud and error as part of the ongoing proper implementation of those Regulations. It is also necessary to ensure that such exchanges are made in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council*. In addition, for the purpose of combating fraud and error and in order to provide accurate and efficient service for the mobile citizens, Regulation (EC) No 883/2004 and this Regulation need to provide a clear legal basis for the Member States to exchange information with each other, either at an individual level concerning individual cases or at a general level with data matching.
Regulation (EC) No 987/2009
(26) In order to protect the rights of the persons concerned, Member States should ensure that any data requests and responses are necessary for and proportionate to the proper implementation of Regulation (EC) No 883/2004 and this Regulation,
Article 11 – paragraph 1
_____________
Amendment 120
* Regulation (EU) 2016/679 of the European Parliament and of 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 L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).";
Proposal for a regulation
(6) in Article 1(2), the following points are inserted:
Article 2 – paragraph 1 – point 8 – point a
“(ea) ‘fraud’ means any intentional act or any intentional omission to act, in order to obtain or receive social security benefits or to avoid paying social security contributions, contrary to the law of the Member State concerned, to the basic Regulation or to the implementing Regulation;
Regulation (EC) No 987/2009
(eb) ‘business trip’ means a temporary activity as an employed or self-employed person, which is limited in time and which is related to the business interests of the employer or, in the case of a self-employed person, the person concerned, excluding the provision of services or the delivery of goods, but including attending business meetings, cultural and scientific events, conferences and seminars, such as those related to academic research, or receiving training;";
Article 14 – paragraph 1
(7) Article 2 is amended as follows:
Justification
‘(a) the following paragraph is inserted:
This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
‘2a. The institutions shall also exchange data necessary to detect changes in circumstances relevant to such rights and obligations of the persons to whom the basic Regulation applies, as well as to detect inaccuracies in the data on which those rights are based. Those data may be verified by comparing them with those of the institution of the other Member State concerned using electronic means of data exchange or access granted to the other institution’s database. Such verification may concern individual cases or may be used to compare the data on multiple persons simultaneously. Any request for information and any response to that request shall be necessary and proportionate.’;
Amendment 121
(b) the following paragraphs are added:
Proposal for a regulation
‘5. The Administrative Commission shall draw up an indicative list of the types of data ▌ subject to the exchange of data under paragraph 2a. The Commission shall give that list the necessary publicity. ▌
Article 2 – paragraph 1 – point 8 – point a a (new)
6. The data exchanges under paragraph 2a shall comply with Regulation (EU) 2016/679 ▌ in accordance with Article 77 of the basic Regulation. Where necessary, the Administrative Commission shall identify which entities are to be entitled to carry out such exchanges.
Regulation (EC) No 987/2009
Any decision taken on the basis of the data emanating from such data exchanges shall be based on sufficient evidence and shall be subject to effective remedies.’;
Article 14 – paragraph 2
(8) in Article 3, paragraph 3 is deleted;
Justification
(9) in Article 5, paragraphs 2, 3 and 4 are replaced by the following:
This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
‘2. The institution of the Member State that receives the document shall, without delay, notify the issuing institution in the event that any mandatory information has not been provided. The issuing institution shall either rectify the document as soon as possible or confirm that the conditions for issuing the document are not fulfilled. Where the mandatory information missing is not provided within 30 working days, the institution of the Member State that receives the document may proceed as if the document had never been issued. In that event, that institution shall inform the issuing institution accordingly.
Amendment 122
3. Without prejudice to Article 19a, where there is doubt about the validity of a document or the accuracy of the facts on which the document is based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal or rectification of that document. The issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw or rectify it.
Proposal for a regulation
4. Where there is doubt about the information provided by the persons concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the document is based, any institution concerned shall, insofar as this is possible, at the request of the competent institution, verify the information or document.
Article 2 – paragraph 1 – point 8 – point a b (new)
5. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it.
Regulation (EC) No 987/2009
In endeavouring to reconcile the different points of view, the Administrative Commission may, pursuant to Article 72, point (a), of the basic Regulation, adopt a decision on the interpretation of the relevant provisions of the basic Regulation or of the implementing Regulation. The competent authorities and institutions concerned shall take the necessary measures to apply such a decision, without prejudice to the right of the authorities, institutions and the persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States, by the implementing Regulation or by the Treaty on European Union and the Treaty on the Functioning of the European Union.’;
Article 14 – paragraph 3
(10) Article 14 is amended as follows:
Justification
(a) paragraph 1 is replaced by the following:
This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
“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 for a period of at least three months immediately before the start of his or her employment, the person concerned has already been subject to the legislation of the Member State in which the employer is established.”;
Amendment 123
(b) the following paragraph is inserted:
Proposal for a regulation
‘1a. After a person has pursued an activity as an employed or self-employed person in another Member State pursuant to Article 12(1) or (2) of the basic Regulation for a total of 24 months, with interruptions of no longer than two months, Article 12(1) or (2) of the basic Regulation shall not apply to that person with regard to that Member State until at least two months have elapsed from the end of the previous period of activity there. In specific circumstances, a derogation may be granted pursuant to Article 16(1) of the basic Regulation.’;
Article 2 – paragraph 1 – point 8 – point a c (new)
(c) paragraph 3 is replaced by the following:
Regulation (EC) No 987/2009
‘3. For the purposes of the application of Article 12(2) of the basic Regulation, the words ‘who normally pursues an activity as a self-employed person’ shall refer to a person who habitually carries out substantial activities in the territory of the Member State in which he or she is established. In particular, that person must have already pursued his or her activity for a period of at least three months before the date on which he or she wishes to take advantage of the provisions of that Article and, during any period of temporary activity in another Member State, must continue to fulfil, in the Member State where he or she is established, the requirements for the pursuit of his or her activity in order to be able to pursue it on his or her return.’;
Article 14 – paragraph 4 a (new)
(d) paragraph 5a is replaced by the following:
Justification
"5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out.
This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
The identification of the registered office or place of business relevant for determining applicable legislation shall be carried out in the framework of an overall assessment, based on factors relevant to the case, due weight being given to each relevant factor depending on the circumstances of the case. The Administrative Commission shall lay down the detailed arrangements for the determination.";
Amendment 124
(e) paragraph 10 is replaced by the following:
Proposal for a regulation
’10. The determination of the applicable legislation under Article 13 of the basic Regulation shall apply for a maximum of 24 months, taking into account the situation projected for the following 12 calendar months.
Article 2 – paragraph 1 – point 8 – point b a (new)
Once the period of 24 months has elapsed, the applicable legislation shall be reassessed in the light of the situation of the person concerned.’;
Regulation (EC) No 987/2009
(f) the following paragraph is added:
Article 14 – paragraph 8 a (new)
“12. For the purpose of applying Article 13 of the basic Regulation, in relation to a person who resides outside the territory of the Union and pursues his or her activities as an employed or self-employed person in two or more Member States, the provisions of the basic Regulation and of the implementing Regulation on the determination of the applicable legislation shall apply mutatis mutandis, provided that that person’s residence is deemed to be in the Member State where he or she pursues the major part of his or her activities in terms of working time within the territory of the Union.”;
Justification
(11) Article 15 is replaced by the following:
This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
‘Article 15
Amendment 125
Procedures for the application of Article 11(3), points (b) and (d), Article 11(4) and Article 12 of the basic Regulation (on the provision of information to the institutions concerned)
Proposal for a regulation
1. Where, pursuant to Article 12 of the basic Regulation, a person pursues his or her activity in a 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 accordingly before the start of the activity and shall request the attestation referred to in Article 19(2) of the implementing Regulation.
Article 2 – paragraph 1 – point 8 – point b b (new)
1a. Upon receipt of the request referred to in paragraph 1, the competent institution shall issue an attestation of the legislation applicable to the person concerned. Where that attestation is not issued immediately, it shall issue an automatic acknowledgement of receipt of the request, which shall constitute evidence showing that the competent institution has been informed in accordance with paragraph 1. The competent institution shall, without delay, make available to the institution designated by the competent authority of the Member State in which the activity is pursued the relevant information concerning the legislation applicable to that person or, where that information is not yet available, information concerning the acknowledgment of receipt.
Regulation (EC) No 987/2009
1b. Paragraphs 1 and 1a shall not apply to business trips.
Article 14 – paragraph 10
Moreover, with the exception of activities in the construction sector as defined in Annex 6, paragraphs 1 and 1a shall not apply to activities with a total duration of no more than three consecutive days of work within a period of 30 consecutive days.
Justification
1c. In situations falling under Article 12 of the basic Regulation, where no attestation as referred to in Article 19(2) of the implementing Regulation has been issued, the employer or, in the case of a self-employed person, the person concerned, at the request of the competent institution of the Member State in which the activity is pursued, shall provide either the acknowledgment of receipt referred to in paragraph 1a of this Article, or evidence showing that the activity falls under an exemption as referred to in paragraph 1b of this Article.
This amendment integrates the criteria developed to define substantial activity in Directive 2014/67/EC.
Employers shall remain responsible for providing the necessary evidence and supplying persons pursuing an activity as an employed person in another Member State with the relevant supporting documents for that purpose. Such evidence may be provided in paper or electronic form.
Amendment 126
1d. Where the competent institution of the Member State where the activity is carried out has a doubt about the information provided by the employer or the person concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the document is based, that institution may request the competent institution of the Member State whose legislation is applicable to provide further information. Article 19a and Article 20(3) and (4) shall apply.
Proposal for a regulation
2. Where a person covered by Article 11(3), point (b) or (d), of the basic Regulation pursues his or her activity in a Member State other than the competent Member State, 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 accordingly, whenever possible before the start of the activity. That institution shall, without delay, make information concerning the legislation applicable to the person concerned available to that person and to the institution designated by the competent authority of the Member State in which the activity is pursued. Paragraph 1b of this Article shall apply mutatis mutandis.
Article 2 – paragraph 2 – point 8 a (new)
3. An employer within the meaning of Article 11(4) of the basic Regulation who has an employee on board a vessel flying the flag of another Member State shall, whenever possible in advance, inform the competent institution of the Member State whose legislation is applicable accordingly, pursuant to Article 11(4), second sentence, of the basic Regulation. That institution shall, without delay, make information concerning the legislation applicable to the person concerned, pursuant to Article 11(4) of the basic Regulation, available to the institution designated by the competent authority of the Member State whose flag, the vessel on which the employee performs the activity, is flying.’;
Regulation (EC) No 987/2009
(12) Article 16 is amended as follows:
Article 15 – paragraph 1
(a) paragraphs 1, 2 and 3 are replaced by the following:
Amendment 127
"1. A person who pursues activities in two or more Member States shall inform the institution designated by the competent authority of the Member State of residence accordingly. That information may also be provided by the employer on the person’s behalf.
Proposal for a regulation
2. The designated institution of the place of residence shall without delay determine the legislation applicable to the person concerned, having regard to Article 13 of the basic Regulation and Article 14 of the implementing Regulation. If that institution determines that the legislation of the Member State of residence applies, it shall inform the designated institutions of each Member State in which an activity is pursued or in which the employer is situated of its determination of the applicable legislation.
Article 2 – paragraph 1 – point 9 a (new)
3. If the designated institution of the place of residence determines that the legislation of another Member State applies, the determination shall be provisional, and the institution shall, without delay, inform the designated institutions of each Member State in which an activity is pursued or in which the employer is situated of this provisional determination of the applicable legislation. The provisional determination shall become definitive ▌ two months after the institutions designated by the competent authorities of the Member States concerned being informed of it, unless at least one of those institutions informs the designated institution of the place of residence by the end of the two-month period that it cannot yet accept the provisional determination or that it takes a different view.’;
Regulation (EC) No 987/2009
(b) paragraph 5 is replaced by the following:
Article 15 a (new)
‘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 of the determination.’;
Justification
(13) Article 19 is amended as follows:
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.
(a) paragraph 2 is replaced by the following:
Amendment 128
‘2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. The attestation shall be issued in a standardised format.’
Proposal for a regulation
(b) the following paragraph is added:
Article 2 – paragraph 1 – point 10
“3. Whenever an institution is asked to issue an attestation pursuant to paragraph 2, it shall carry out a proper assessment of the facts relevant for the application of the rules laid down in Title II of the basic Regulation and shall confirm that the information contained in the attestation is ▌ correct.’;
Regulation (EC) No 987/2009
(14) the following article is inserted:
Article 16 – paragraph 3
‘Article 19a
Amendment 129
Cooperation in the case of doubt about the validity of documents concerning the applicable legislation
Proposal for a regulation
1. Notwithstanding Article 5, where there is doubt about the validity of a document showing the situation of a person for the purposes of the applicable legislation or the accuracy of the facts on which the document is based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal or rectification of that document. The requesting institution shall substantiate its request and provide the relevant supporting documentation that gave rise to the request.
Article 2 – paragraph 1 – point 10
2. When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, where an error is detected, withdraw or rectify it within 30 working days of receipt of the request. The withdrawal or rectification shall have retroactive effect. However, where there is a risk of a disproportionate outcome, and in particular, of the loss of status as an insured person for the whole or part of the relevant period in all Member States concerned, the Member States shall consider whether to apply Article 16 of the basic Regulation. Where the issuing institution considers that, on the basis of the available evidence, there is no doubt that the applicant of the document has committed fraud, it shall withdraw or rectify the document without delay, with retroactive effect.
Regulation (EC) No 987/2009
3. 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 available evidence within 30 working days of receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated and substantiated in the request, the evidence shall be forwarded within ten working days of receipt of the request, including where the issuing institution has not completed its deliberations pursuant to paragraph 2.
Article 16 – paragraph 5
4. Where the requesting institution, after receiving the available evidence, continues to have doubts regarding the validity of a document, the accuracy of the facts on which the particulars contained therein are based, or the accuracy of the information upon which the document was issued, it may submit evidence to that effect and make a further request for clarification and, where appropriate, for the withdrawal or rectification of that document by the issuing institution in accordance with the procedure and timeframes set out in this Article.
Amendment 130
5. If the doubts of the receiving institution persist and no agreement between the institutions concerned is reached, Article 5(5) shall apply.’;
Proposal for a regulation
(15) in Article 20, the following paragraphs are added:
Article 2 – paragraph 1 – point 11
‘3. For the purpose of the application of Title II of the basic Regulation, the institutions of the Member States shall, without prejudice to Article 19a of the implementing Regulation, respond to queries received from the institutions of the other Member States within 35 working days of receipt of the request.
Regulation (EC) No 987/2009
4. Where a person pursues an activity as an employed or a self-employed person in another Member State without an attestation as referred to in Article 19(2) of the implementing Regulation, unless no attestation is required pursuant to Article 15 of the implementing Regulation, the relevant institution in that other Member State may request information concerning the legislation applicable to that person from the institution of the Member State whose legislation is prima facie applicable.
Article 19 – paragraph 4
If the requested institution does not reply within 35 working days of receipt of the request, the requesting institution may proceed as if no attestation had been issued and shall inform the requested institution accordingly. If the attestation is subsequently issued by the requested institution, that attestation shall, where appropriate, have retroactive effect.’;
Justification
(16) in Title III, the title of Chapter 1is replaced by the following:
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.
"Sickness, long-term care, maternity and equivalent paternity benefits";
Amendment 131
(17) Article 25 is amended as follows:
Proposal for a regulation
(a) paragraph 1 is replaced by the following:
Article 2 – paragraph 1 – point 11 a (new)
‘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 or her 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.’;
Regulation (EC) No 987/2009
(b) paragraph 3 is replaced by the following:
Article 20 – paragraph 1
‘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 benefits’;
Amendment 132
(18) in Article 26, paragraph 4 is replaced by the following:
Proposal for a regulation
‘4. At any time during the procedure granting the authorisation, the competent institution shall retain the right to have the insured person examined by a doctor or a qualified person, in accordance with national law or practice, of its own choice in the Member State of residence or stay.’;
Article 2 – paragraph 1 – point 12
(19) in Article 31, paragraph 2 is replaced by the following:
Regulation (EC) No 987/2009
‘2. The competent institution shall also inform the institution of the place of residence or stay about the payment of long-term care benefits in cash where the legislation applied by the latter institution provides for the long-term care benefits in kind included in the list referred to in Article 33a(1) of the basic Regulation.’;
Article 20a
(20) in Article 32, paragraph 1 is replaced by the following:
Amendment 133
‘1. Where 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 that 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.’;
Proposal for a regulation
(21) ▌ in Article 43, paragraph 3 is replaced by the following:
Article 2 – paragraph 1 – point 13
‘3. The institution of each Member State shall calculate, under its applicable legislation, the amounts due that correspond to periods of voluntary or optional continued insurance which, under Article 53(3), point (c), of the basic Regulation, are not subject to another Member State’s rules relating to withdrawal, reduction or suspension.’;
Regulation (EC) No 987/2009
(22) in Article 54, paragraph 1 is replaced by the following:
Title III – Chapter 1 – title
‘1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to Article 60a of the basic Regulation. Without prejudice to the underlying obligations of the institutions involved, the person concerned may submit to the competent institution a document issued by the institution of the Member State to whose legislation he or she was subject in respect of his or her last activity as an employed or self-employed person specifying the periods completed under that legislation.’;
Amendment 134
(23) the following article is inserted:
Proposal for a regulation
‘Article 54a
Article 2 – paragraph 1 – point 13 a (new)
Procedures for the application of Article 61(2) of the basic Regulation
Regulation (EC) 987/2009
1. In the situation referred to in Article 61(2) of the basic Regulation, the unemployed person shall register as a person seeking work with the employment services of the Member State of the most recent period of insurance, employment or self-employment and shall submit a claim for benefits to the institution of that Member State. If the claim is submitted to the institution of the Member State referred to in Article 61(2) of the basic Regulation, that institution shall immediately forward the claim to the institution of the Member State of the most recent period of insurance, employment or self-employment for investigation. The date on which the initial claim was submitted shall apply to all institutions concerned.
Article 22 – paragraph 1
2. Following the investigation of the claim by the institution of the Member State of the most recent period of insurance, employment or self-employment, if it is determined that the unemployed person does not satisfy the conditions for aggregation referred to in Article 61(1) of the basic Regulation, and it is evident from the information available to it that the unemployed person completed the necessary period to be entitled to receive benefits pursuant to Article 61(2) of the basic Regulation, it shall immediately send a document to the institution of the Member State referred to in that provision. If it is not evident that the unemployed person completed the period necessary to receive benefits pursuant to Article 61(2) of the basic Regulation, the institution of the Member State of the most recent period of insurance, employment or self-employment shall contact the institution of the Member State referred to in that provision prior to sending the document, in order to determine whether the period specified therein was completed in that Member State.
Amendment 135
3. The document referred to in paragraph 2 shall include necessary information on the situation of the unemployed person. The Administrative Commission shall determine the format and content of the document.’;
Proposal for a regulation
(24) Article 55 is amended as follows:
Article 2 – paragraph 1 – point 14
(a) paragraph 1 is replaced by the following:
Regulation (EC) No 987/2009
‘1. In order to be covered by Article 64, Article 64a(2) or Article 65(4) of the basic Regulation, an unemployed person going to another Member State shall inform the competent institution prior to his or her departure and shall request a document certifying that he or she retains his or her entitlement to benefits under the conditions laid down in Article 64(1), point (b), of the basic Regulation.’;
Article 23 – last sentence
(b) paragraphs 4 and 5 are replaced by the following:
Amendment 136
‘4. The institution in the Member State to which the unemployed person has gone shall immediately send a document to the competent institution containing the date on which the unemployed person registered with the employment services and his or her new address.
Proposal for a regulation
If, in the period during which the unemployed person remains entitled to benefits, any circumstance likely to affect the entitlement to benefits arises, the institution in the Member State to which the unemployed person has gone shall immediately send to the competent institution and to the person concerned a document containing the relevant information.
Article 2 – paragraph 1 – point 14 a (new)
The institution in the Member State to which the unemployed person has gone shall provide relevant information on a monthly basis concerning the follow-up to the unemployed person’s situation, in particular whether he or she is still registered with the employment services and is complying with organised checking and activation or job placement procedures.
Regulation (EC) No 987/2009
5. The institution in the Member State to which the unemployed person has gone shall carry out or arrange for checks to be carried out, as if the person concerned were an unemployed person obtaining benefits under its own legislation. Where necessary, it shall immediately inform the competent institution if any circumstances likely to affect the unemployed person’s entitlement to benefits, such as the resumption of work, arise.’;
Article 23
(c) paragraph 7 is replaced by the following:
Amendment 137
‘7. Paragraphs 2 to 6 of this Article shall apply mutatis mutandis to the situations covered by Article 64a(1) of the basic Regulation.’;
Proposal for a regulation
(25) Article 56 is amended as follows:
Article 2 – paragraph 1 – point 15
(a) the following paragraph is inserted:
Regulation (EC) No 987/2009
“-1. The competent institution shall inform wholly unemployed persons as referred to in Article 65(1), Article 65(2), third subparagraph, and in Article 65(3), of the basic Regulation of their rights and obligations and shall provide them with documents which include all necessary information related to the receipt of unemployment benefits in accordance with the relevant legislation. The relevant institutions shall provide each other with the information necessary to support the job-seeking activities of unemployed persons who reside in a Member State other than the competent Member State and shall inform each other of the applicable control procedures and conditions and the employment service to which those persons are to make themselves available. The institution of the Member State of residence shall, upon request of the competent institution, immediately inform the competent institution of any circumstances of which it is aware and which are likely to affect the entitlement to benefits, in particular if a wholly unemployed person has taken up employment or has become self-employed in the Member State of residence.”;
Article 24 – paragraph 3
(b) paragraph 1 is replaced by the following:
Amendment 138
‘1. Where, pursuant to Article 65(6) of the basic Regulation, an unemployed person decides to make him or herself available to the employment services in the Member State not providing the benefits in addition to the Member State providing the benefits, by registering there as a person seeking work, he or she shall inform the institution and the employment services of the Member State providing the benefits.
Proposal for a regulation
Where requested by the employment services of the Member State not providing the benefits, the employment services in the Member State that is providing the benefits shall send the relevant information concerning the unemployed person’s registration and his or her search for work.
Article 2 – paragraph 1 – point 15 a (new)
The employment services of the Member State not providing the benefits shall also, upon the request of the competent institution, immediately inform the competent institution of any circumstances of which they are aware and which are likely to affect the entitlement to benefits, in particular, if the wholly unemployed person has taken up employment or has become self-employed in the Member State of residence.’;
Regulation (EC) No 987/2009
(c) paragraph 3 is deleted;
Article 25 – paragraph 1
(26) the following article is inserted:
Amendment 139
‘Article 56a
Proposal for a regulation
Enhanced measures of support and cooperation for unemployed persons who resided in a Member State other than the competent Member State
Article 2 – paragraph 1 – point 15 b (new)
1. The competent authorities or competent institutions of two or more Member States shall cooperate and may agree specific procedures and time-limits concerning the follow-up to the unemployed person’s situations as well as other measures to facilitate the job-seeking activities of unemployed persons who reside in a Member State other than the competent Member State.
Regulation (EC) No 987/2009
2. The Member States concerned shall ensure that unemployed persons referred to in Article 65 of the basic Regulation have access in each of their territories to the European network of employment services (EURES), and to the support services in cross-border regions, where available, in accordance with Regulation (EU) 2016/589 of the European Parliament and of the Council*.
Article 25 – paragraph 3
________________________
Amendment 140
* Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).’;
Proposal for a regulation
(27) in Article 57, the title is replaced by the following:
Article 2 – paragraph 1 – point 15 c (new)
‘Provisions for the application of Articles 60a, 61, 62, 64 and 65 of the basic Regulation regarding persons covered by a special scheme for civil servants”;
Regulation (EC) No 987/2009
(28) in Article 64(1), the first indent is replaced by the following:
Article 26
" - the index (i = 1, 2, 3 and 4) represents the four age groups used for calculating the fixed amounts:
Amendment 141
i = 1: persons aged under 65,
Proposal for a regulation
i = 2: persons aged from 65 to 74,
Article 2 – paragraph 1 – point 16
i = 3: persons aged from 75 to 84,
Regulation (EC) No 987/2009
i = 4: persons aged 85 and over,";
Article 28 – paragraph 1
(29) Article 65 is replaced by the following:
Amendment 142
"Article 65
Proposal for a regulation
Notification of annual average costs
Article 2 – paragraph 1 – point 17
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.
Regulation (EC) No 987/2009
2. The annual average costs notified pursuant to paragraph 1 shall be published each year in the Official Journal of the European Union, after approval by the Administrative Commission.
Article 31 – title and paragraphs 1 and 2
3. Where a Member State is unable to notify the annual average costs for a specific year by the deadline referred to in paragraph 1, it shall, by the same deadline, request authorisation of the Administrative Commission and of the Audit Board to use the annual average costs for that Member State as published in the Official Journal of the European Union for the year preceding the specific year for which notification is outstanding. When requesting such authorisation, the Member State shall explain the reasons why it is unable to notify the annual average costs for the year in question. If the Administrative Commission, having considered the opinion of the Audit Board, approves the request of the Member State, the annual average costs for the year preceding the year for which notification is outstanding shall be republished in the Official Journal of the European Union.
Justification
4. Authorisation pursuant to paragraph 3 shall not be granted in two consecutive years.";
Article 35b is deleted.
(30) in Article 66, paragraph 2 is replaced by the following:
Amendment 143
‘2. The reimbursements between the institutions of the Member States provided for by 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 may be off-set between the liaison bodies.’;
Proposal for a regulation
(31) Article 67 is amended as follows:
Article 2 – paragraph 1 – point 17 a (new)
(a) paragraph 3 is replaced by the following:
Regulation (EC) No 987/2009
‘3. With regard to Article 6(5), second subparagraph, and to Article 73(2), of the implementing Regulation, the period set out in paragraphs 1 and 2 of this Article shall not start before the competent institution has been identified.’;
Article 32 – paragraph 1
(b) paragraph 7 is replaced by the following:
Amendment 144
‘7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within nine months following the month in which the matter was referred to it.’;
Proposal for a regulation
(32) in Article 68, paragraph 2 is replaced by the following:
Article 2 – paragraph 1 – point 18
‘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 two percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due.’;
Regulation (EC) No 987/2009
(33) Article 70 is deleted;
Article 32 – paragraph 4
(34) in Article 72, paragraph 1 is replaced by the following:
Amendment 145
‘1. Unless otherwise provided for in Article 73 of the implementing Regulation, if the institution of a Member State has paid undue benefits to a person, that institution may, within the terms and limits laid down in the legislation it applies, request the institution of any other Member State responsible for paying benefits to the person concerned to deduct the undue amount from arrears or on-going payments owed to the person concerned regardless of the social security branch under which the benefit is paid. The institution of the latter Member State shall deduct the amount concerned subject to the conditions and limits applying to this kind of offsetting procedure in accordance with the legislation it applies in the same way as if it had made the overpayments itself, and shall transfer the amount deducted to the institution that has paid undue benefits.’;
Proposal for a regulation
(35) Article 73 is replaced by the following:
Article 2 – paragraph 1 – point 21
“Article 73
Regulation (EC) No 987/2009
Settlement of undue benefits in cash and in kind and contributions ▌ in the case of a retroactive change of the applicable legislation or other situations where an institution was not competent
Article 55 – paragraph 7
1. In the event of a retroactive change of the applicable legislation, including situations referred to in Article 6(4) and (5) of the implementing Regulation, as well as in other cases where an institution which was not competent paid or provided benefits unduly or received contributions unduly, that institution shall draw up a statement of the amount paid or received and shall send it to the institution identified as being competent for the purpose of reimbursement, within six months of the determination of the change in the applicable legislation or of the identification of the institution responsible for granting the benefits or receiving the contributions.
Amendment 146
2. Benefits in kind ▌ shall be reimbursed by the institution identified as being competent in accordance with Articles 66 to 68 of the implementing Regulation.
Proposal for a regulation
3. The institution identified as being competent for paying the cash benefits shall deduct the amount it has to reimburse to the institution which was not competent or only provisionally competent from the arrears of the corresponding benefits it owes to the person concerned and shall ▌ transfer the amount deducted to the latter institution without delay.
Article 2 – paragraph 1 – point 22
If the amount of unduly paid benefits exceeds the amount of arrears payable by the institution identified as being competent, or if arrears do not exist, the institution identified as being competent shall deduct this amount from ongoing payments subject to the conditions and limits ▌ under the legislation it applies, and without delay transfer the amount deducted to the institution which paid the cash benefits unduly, for the purpose of their reimbursement.
Regulation (EC) No 987/2009
4. The institution which unduly received contributions from a natural or legal person shall not reimburse the amounts in question to the person who paid them until that institution has ascertained the amounts in question from the institution identified as being competent.
Article 55a
Upon the request of the institution identified as being competent, which shall be made at the latest three months after it has received the statement of the amount paid or received, the institution that ▌ received contributions unduly shall transfer those contributions to the institution identified as being competent for that period for the purpose of settling the situation concerning the contributions owed by the natural or legal person to it. The contributions transferred shall be deemed to have been paid retroactively to the institution identified as being competent.
Amendment 147
If the amount of contributions received unduly exceeds the amount that the natural or legal person owes to the institution identified as being competent, the institution which received contributions unduly shall reimburse the amount in excess to the natural or legal person concerned, calculated in accordance with national law.
Proposal for a regulation
5. The existence of time limits under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
Article 2 – paragraph 1 – point 24
6. In the case of a procedure under Article 5(5) or Article 6(3) of the implementing Regulation, this Article shall not apply to claims ▌ which are older than 36 months at the date on which the procedure ▌ was commenced.
Regulation (EC) No 987/2009
7. Two or more Member States may agree on specific provisions and procedures that are different from those provided in paragraphs 1 to 6 of this Article and may, in relation to benefits in kind, apply Article 35(3) of the basic Regulation, provided that those provisions and procedures are not to the disadvantage of the persons concerned.
Title VI – Chapter I – title
8. The Administrative Commission shall lay down the detailed arrangements for applying this Article.”;
Justification
(36) Article 75 is amended as follows:
No Change of title needed as article 35c has been deleted (LTC)
(a) in paragraph 1, the following indent is added:
Amendment 148
‘- the date on which the claim is due’ means the date by which the debt should have been paid pursuant to the legislation of the Member State of the applicant party.’;
Proposal for a regulation
(b) paragraph 3 is deleted;
Article 2 – paragraph 1 – point 26
(c) the following paragraph is added:
Regulation (EC) No 987/2009
"4. Where a refund of social security contributions relates to a person who resides or stays in another Member State, the Member State from which the refund is to be made may, in accordance with Article 2(2) of the implementing Regulation, inform the Member State of residence or stay of the upcoming refund, without having first received a prior request to do so.";
Article 65 – paragraph 1
(37) Article 77 is replaced by the following:
Justification
‘Article 77
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.
Notification
Amendment 149
1. The requested party shall, at the request of the applicant party and in accordance with the rules in force for the notification of similar instruments or decisions in its own Member State, notify the addressee of all instruments and decisions, including those of a judicial nature, which come from the Member State of the applicant party and which relate to a claim or to its recovery.
Proposal for a regulation
2. The request for notification shall be accompanied by a standard form containing at least the following information and the instrument or decision to be notified:
Article 2 – paragraph 1 – point 26 a (new)
(a) the name, address and other data relevant to the identification of the addressee;
Regulation (EC) No 987/2009
(b) the purpose of the notification and the period within which notification is to be carried out;
Article 66 – paragraph 2
(c) a description of the instrument or decision to be notified and the nature and amount of the claim concerned;
(http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987-20170411&from=EN)
(d) the name, address and other contact details regarding:
Justification
(i) the office responsible with regard to the instrument or decision to be notified; and
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.
(ii) where different from the office referred to in point (i), the office where further information can be obtained concerning the notification or concerning the procedure for contesting the payment obligation.
Amendment 150
3. The requested party shall, without delay, inform the applicant party of the action taken on its request for notification and, in particular, the date on which the decision or instrument was forwarded to the addressee.
Proposal for a regulation
4. The applicant party shall make a request for notification pursuant to this Article only where it is unable to notify in accordance with the rules governing the notification of the document concerned in its Member State, or where such notification would give rise to disproportionate difficulties.
Article 2 – paragraph 1 – point 26 b (new)
5. The requested party shall ensure that notification in the Member State of the requested party is carried out in accordance with the national laws, regulations and administrative practices in force in the Member State of the requested party.
Regulation (EC) No 987/2009
6. Paragraph 5 shall be without prejudice to any other form of notification made by an authority of the Member State of the applicant party in accordance with the rules in force in that Member State. An authority in the Member State of the applicant party may notify any document directly by registered mail or electronically to a person within the territory of another Member State.’;
Article 67
(38) Article 78 is amended as follows:
Amendment 151
(a) paragraph 1 is replaced by the following:
Proposal for a regulation
"1. At the request of the applicant party, the requested party shall recover claims which are the subject of an instrument permitting enforcement in the Member State of the applicant party. Any request for recovery shall be accompanied by a uniform instrument permitting enforcement by the Member State of the requested party.’;
Article 2 – paragraph 1 – point 26 c (new)
(b) in paragraph 2, point (b) is deleted;
Regulation (EC) No 987/2009
(c) paragraphs 3 and 4 are replaced by the following:
Article 68 – paragraph 2
“3. Before the applicant party makes a request for recovery, appropriate recovery procedures available in the Member State of the applicant party shall be applied, except in the following situations:
Amendment 152
(a) where it is obvious that there are no assets for recovery in the Member State of the applicant party or that such procedures will not result in the payment in full of the claim, and the applicant party has specific information indicating that the person concerned has assets in the Member State of the requested party;
Proposal for a regulation
(b) where recourse to such procedures in the Member State of the applicant party would give rise to disproportionate difficulty.
Article 2 – paragraph 1 – point 27
Where a requested party receives a request for recovery from an applicant party, the applicant party shall, at the request of the requested party, provide any additional information which would be necessary to the requested party in the recovery of the claim. The applicant party shall not be obliged to supply the information specified in Article 76(3) of the implementing Regulation.
Regulation (EC) No 987/2009
4. The request for recovery shall also contain a declaration by the applicant party confirming that the conditions laid down in paragraphs 2 and 3 have been fulfilled.’;
Article 70
(d) the following paragraph is added:
Amendment 153
"6. The request for recovery of a claim may be accompanied by other documents relating to the claim issued in the Member State of the applicant party.";
Proposal for a regulation
(39) Articles 79 to 82 are replaced by the following
Article 2 – paragraph 1 – point 28
"Article 79
Regulation (EC) No 987/2009
Instrument permitting enforcement of the recovery
Article 73 – paragraph 3 – subparagraph 3
1. The uniform instrument permitting enforcement in the Member State of the requested party shall reflect the substantive content of the initial instrument permitting enforcement, and shall constitute the sole basis for the recovery and precautionary measures taken in the Member State of the requested party. It shall not be subject to any act of recognition, supplementing or replacement in that Member State.
Amendment 154
2. The uniform instrument permitting enforcement shall include:
Proposal for a regulation
(a) the name, address and any other relevant information relating to the identification of the natural or legal person concerned or to the third party holding his or her assets;
Article 2 – paragraph 1 – point 28
(b) the name, address and any other relevant information regarding the office responsible for the assessment of the claim, and, if different, the office where further information can be obtained concerning the claim or the possibilities for contesting the payment obligations;
Regulation (EC) No 987/2009
(c) information relevant to the identification of the instrument permitting its enforcement, issued in the Member State of the applicant party;
Article 73 – paragraph 4
(d) a description of the claim, including its nature, the period covered by the claim, the date on which the claim is due and any other relevant dates with regard to the enforcement process and the amount of the claim, including the principal, any interest, fines, administrative penalties and all other charges and costs due indicated in the currencies of the Member States of the applicant and requested parties;
Amendment 155
(e) the date of notification of the instrument to the addressee by the applicant party or by the requested party;
Proposal for a regulation
(f) the date from which and the period during which enforcement is possible under the laws in force in the Member State of the applicant party;
Article 2 – paragraph 1 – point 29
(g) any other relevant information. ▌
Regulation 987/2009/EC
Article 80
Article 75 – paragraph 4 a (new)
Payment arrangements and deadlines
Amendment 156
1. Claims shall be recovered in the currency of the Member State of the requested party. Subject to Article 85(1a), the requested party shall remit the entire amount of the claim that it recovers to the applicant party.
Proposal for a regulation
In remitting the amount of the claim to the applicant party, the requested party shall also provide relevant information relating to the identification of the natural or legal person concerned as referred to in Article 79(2) of the implementing Regulation.
Article 2 – paragraph 1 – point 30
2. The requested party may, where the laws, regulations or administrative provisions in force in its own Member State so permit, allow the debtor time to pay or authorise payment by instalments. Any interest charged by the requested party in respect of such extra time to pay shall also be remitted to the applicant party. The requested party shall subsequently inform the applicant party of any such decision.
Regulation (EC) No 987/2009
From the date on which the recovery request is received, the requested party shall charge interest for late payment in accordance with the laws, regulations and administrative provisions in force in the Member State of the requested party.
Article 76 – paragraph 3 b (new)
Article 81
Amendment 157
Contestation concerning the claim or the instrument permitting enforcement of its recovery and contestation concerning enforcement measures
Proposal for a regulation
1. If, in the course of the recovery procedure, the claim, the initial instrument permitting enforcement in the Member State of the applicant party, the uniform instrument permitting enforcement in the Member State of the requested party or the validity of a notification made by an authority in the Member States of the applicant party are contested by an interested party, the action shall be brought by that interested party before the appropriate authorities of the Member State of the applicant party, in accordance with the laws in force in that Member State. The applicant party shall notify the requested party of this action without delay. The interested party may also inform the requested party of the action.
Article 2 – paragraph 1 – point 31 – point b
2. As soon as the requested party has received the notification or information referred to in paragraph 1 from the applicant party or from the interested party, it shall suspend the enforcement procedure pending the decision of the appropriate authority in the matter, unless the applicant party makes a request to recover the claim in accordance with the second subparagraph of this paragraph. Without prejudice to Article 84 of the implementing Regulation, the requested party may take precautionary measures to guarantee recovery of the claim insofar as the laws or regulations in force in its Member State allow such action for similar claims.
Regulation (EC) No 987/2009
Notwithstanding the first subparagraph, the applicant party may, in accordance with the laws, regulations and administrative practices in force in its own Member State, submit a reasoned request to the requested party to recover a contested claim, in so far as the relevant laws, regulations and administrative practices in force in the Member State of the requested party provide for such action If the result of the contestation is subsequently favourable to the debtor, the applicant party shall be liable for the reimbursement of any sums recovered, together with any compensation due, in accordance with the legislation in force in the Member State of the requested party.
Article 77 – paragraph 6 a (new)
3. Where the contestation concerns enforcement measures taken in the Member State of the requested party, or the validity of the notification made by an authority of the requested party, the action shall be brought before the appropriate authority of that Member State in accordance with its laws and regulations.
Amendment 158
Article 81a
Proposal for a regulation
Withdrawals and amendments
Article 2 – paragraph 1 – point 32 – point d
1. The applicant party shall inform the requested party immediately of any subsequent amendment to its request for recovery or of the withdrawal of its request, indicating the reasons for such an amendment or withdrawal.
Regulation (EC) No 987/2009
2. If the amendment to the request is based on a decision of the appropriate authority referred to in Article 81(1), the applicant party shall communicate to the requested party the decision, together with a revised uniform instrument permitting enforcement in the Member State of the requested party. The requested party shall proceed with further recovery measures on the basis of the revised instrument.
Article 78 – paragraphs 6 a, 6 b and 6 c (new)
Recovery or precautionary measures that were already taken on the basis of the original uniform instrument permitting enforcement in the Member State of the requested party may be continued on the basis of the revised instrument, unless an amendment to the request is due to the invalidity of the initial instrument permitting enforcement in the Member State of the applicant party or of the original uniform instrument permitting enforcement in the Member State of the requested party.
Amendment 159
Articles 79 and 81 shall apply in relation to the revised instrument.
Proposal for a regulation
3. If the request is amended for a reason other than one referred to in paragraph 2 and such an amendment includes a reduction in the amount of the claim, the requested party shall continue any recovery or precautionary measures already undertaken, which shall be limited to the amount of the claim still outstanding.
Article 2 – paragraph 1 – point 33
Article 82
Regulation (EC) No 987/2009
Limits applying to assistance
Article 79 – paragraph 2 a (new)
1. Without prejudice to the competence to grant the assistance, the requested party shall not be obliged:
Amendment 160
(a) to grant the assistance provided for in Articles 78 to 81 of the implementing Regulation if recovery of the claim would, because of the situation of the debtor, create serious economic or social difficulties in the Member State of the requested party, insofar as the laws, regulations or administrative practices in force in the Member State of the requested party allow such action for similar national claims;
Proposal for a regulation
(b) to grant the assistance provided for in Articles 76 to 81 of the implementing Regulation, if the initial request under Article 76, 77 or 78 of the implementing Regulation applies to claims that are more than five years old, from the date on which the claim is due in the Member State of the applicant party to the date of the initial request for assistance.
Article 2 – paragraph 1 – point 34 – point b a (new)
With regard to point (b), if the claim or the initial instrument permitting enforcement in the Member State of the applicant party is contested, the five-year period shall begin from the date on which it is no longer possible to contest the claim or the instrument permitting recovery.
Regulation (EC) No 987/2009
Moreover, where a postponement of the deadline for payment or an instalment plan is accepted by the authorities of the Member State of the applicant party, the five-year period shall begin from the date on which the entire payment period has come to an end.
Article 80 – paragraph 2 a (new)
However, in such cases the requested party shall not be obliged to grant the assistance in respect of claims which are more than 10 years old, calculated from the date on which the claim is due in the Member State of the applicant party.
Amendment 161
2. The requested party shall inform the applicant party of the grounds for refusing a request for assistance.";
Proposal for a regulation
(40) Article 84 is replaced by the following:
Article 2 – paragraph 1 – point 35 – point d
"Article 84
Regulation (EC) No 987/2009
Precautionary measures
Article 81 – paragraph 5 a (new)
1. Upon the reasoned request of the applicant party, the requested party shall take precautionary measures ▌ in accordance with the national law and administrative practice in force in its Member State, to ensure recovery where a claim or the instrument permitting enforcement in the Member State of the applicant party is contested at the time when the request is made, or where the claim is not yet the subject of an instrument permitting enforcement in the Member State of the applicant party, in so far as precautionary measures would also be possible, in a similar situation, under the national law and administrative practices of the Member State of the applicant party.
Amendment 162
The document drawn up for permitting precautionary measures in the Member State of the applicant party and relating to the claim for which mutual assistance is requested, if any, shall be attached to the request for precautionary measures in the Member State of the requested party. That document shall not be subject to any act of recognition, supplementing or replacement in the Member State of the requested party.
Proposal for a regulation
2. The request for precautionary measures may be accompanied by other documents relating to the claim, issued in the Member State of applicant party.
Article 2 – paragraph 1 – point 39
3. For the purpose of implementing paragraph 1 of this Article, the provisions and procedures laid down in Articles 78, 79, 81 and 82 of the implementing Regulation shall apply mutatis mutandis.";
Regulation (EC) No 987/2009
(41) in Article 85, paragraph 1 is replaced by the following:
Article 85a – paragraph 1 – introductory part
"1. The requested party shall recover from the natural or legal person concerned and retain any costs it incurs that are linked to recovery, in accordance with the laws and regulations that apply to similar claims in the Member State of the requested party.
Amendment 163
1a. Where the costs linked to recovery cannot be recovered from the debtor in addition to the amount of the claim, those costs shall be deducted from any amount which was actually recovered or, where this is not possible, shall be reimbursed by the applicant party. The applicant party and the requested party may agree on a reimbursement arrangement specific to the case, or may agree to waive the reimbursement of such costs.";
Proposal for a regulation
(42) the following article is inserted:
Article 2 – paragraph 1 – point 39
"Article 85a
Regulation (EC) No 987/2009
Presence in administrative offices and participation in administrative enquiries
Article 85a – paragraph 1 – point b
1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section:
Amendment 164
(a) be present in the offices where the administrative authorities of the Member State of the requested party carry out their duties;
Proposal for a regulation
(b) be present during administrative enquiries carried out in the territory of the Member State of the requested party;
Article 2 – paragraph 1 – point 39
(c) assist the competent officials of the Member State of the requested party during court proceedings in that Member State.
Regulation (EC) No 987/2009
2. In so far as it is permitted under the legislation in force in the Member State of the requested party, the agreement referred to in paragraph 1 may provide for officials of the Member State of applicant party to interview individuals and examine records.
Article 85a – paragraph 2
3. Officials authorised by the applicant party shall, when acting pursuant to paragraph 1 or 2, hold written authority stating their identity and their official capacity.";
Amendment 165
(43) Article 86 is deleted;
Proposal for a regulation
(44) the following article is inserted:
Article 2 – paragraph 1 – point 40 – point b
‘Article 86a
Regulation (EC) No 987/2009
Power to adopt implementing acts
Article 87 – paragraph 6 – last sentence
1. The Commission shall, by means of implementing acts, further specify the procedure for recovery. Those implementing acts shall establish:
Justification
(a) practical arrangements needed for the application of this section as regards the sending of information and documents or decisions by electronic means to the person concerned in accordance with Article 4;
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.
(b) the format of the uniform instrument referred to in Article 79;
Amendment 166
(c) the information to be given by the requested party to the applicant party about the state of progress or outcome of the request and the applicable time frame in that respect;
Proposal for a regulation
(d) the measures to be taken by the institutions concerned in the case of an amendment or withdrawal of the claim which is the subject of a request for recovery;
Article 2 – paragraph 1 – point 40 a (new)
(e) further detailed rules needed for implementing Article 75(2), Articles 76, 77, 78, 79, 80 and 81, Article 82(1), Article 83(1), second subparagraph, and Articles 84, 85 and 85a; and
Regulation (EC) No 987/2009
(f) the determination of a minimum threshold for the amounts for which a request for recovery can be made.
Article 89 – paragraph 1 a (new)
2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88c(2) of the basic Regulation.’;
Amendment 167
(45) Article 87 is amended as follows:
Proposal for a regulation
(a) paragraph 4 is replaced by the following:
Article 3 – paragraph 1 a (new)
‘4. Paragraphs 2 and 3 shall also apply in determining or checking the state of dependence of a recipient or a claimant of the long-term care benefits mentioned in Article 1(vb) of the basic Regulation.";
EXPLANATORY STATEMENT
(b) paragraph 6 is replaced by the following:
The Commission’s proposed revision aims to facilitate mobility by ensuring that individuals do not lose their rights when moving within Europe (EU, Iceland, Liechtenstein, Norway and Switzerland) and to ensure the continuity of social security when moving from one national legislation to another.
"6. As an exception to the principle of free-of-charge mutual administrative cooperation in Article 76(2) of the basic Regulation, the effective amount of the expenses of the checks referred to in paragraphs 1 to 5 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them. However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits for its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence. ▌";
The Commission is seeking to change three aspects of the coordination of unemployment benefits:
(46) the following article is inserted:
(1) Extending the period for exporting unemployment benefits from three to six months, with the option for Member States to extend the period until the rights are extinguished. The rapporteur supports this proposal and proposes extending the exporting period until the entitlement to unemployment benefit expires. According to a study carried out for the Commission, a longer unemployment benefit export period increases the chances of an unemployed person finding a job.
‘Article 87a
(2) The job seeker’s Member State of last activity will have to take account of insurance periods completed elsewhere if the job seeker worked in that country for at least three months. Otherwise, it is the Member State where the job seeker previously pursued his or her activity which will have to pay those benefits. The current situation is quite confusing for the Member States’ competent institutions. The rapporteur would point out that one of the basic principles of this legislation is aggregation, which is why he proposes reducing to one month the minimum activity period before aggregation in the Member State of last activity.
Evaluation
(3) Finally, in the case of cross-border workers the Member State of last employment will be required to pay unemployment benefits if the cross-border worker worked there for at least 12 months. Under the current rules, the Member State of residence is competent, even though cross-border workers pay social security contributions in the country of activity.
By [5 years after the date of entry into force of the amending Regulation], the Commission shall carry out an evaluation on compliance with the time-limits referred to in Title II of the implementing Regulation and on the implementation of the rules in Article 14(5a) of that Regulation.
It seems legitimate for the country receiving the social security contributions also to be responsible for paying unemployment benefits. However, the rapporteur would like to see clarifications regarding these provisions so that the changes proposed by the Commission do not create practical, administrative, linguistic or training difficulties, as well as clarifications regarding the competence of the public employment service.
In its evaluation, the Commission shall also assess whether it is appropriate to extend the scope of long-term care benefits pursuant to the basic Regulation so as to cover work-related benefits.
The Commission proposes creating a specific chapter on long-term care based on the approach taken for sickness benefits. While the rapporteur is in principle in favour of this initiative, he would like the Administrative Commission to work more closely with representatives of the social partners, professional organisations and beneficiaries concerned, particularly on drawing up the list of benefits covered under this new chapter.
The Commission shall submit a report setting out the results of its evaluation to the European Parliament, the Council and the Economic and Social Committee. Member States shall provide the Commission with necessary information for the preparation of this report.’;
The proposal aims to incorporate recent Court of Justice case-law on the conditions of access to social security benefits of economically inactive mobile citizens. The rapporteur notes the case-law but considers that it is not the task of EU legislators to codify decisions taken by the Court.
(47) in Article 89, paragraph 3 is deleted;
The rapporteur also supports the Commission in its intention to standardise the issuance procedures, format and content of portable documents certifying membership of a social security scheme and to specify the situations in which such a document is issued and the procedures for its withdrawal when its accuracy and validity is contested by the institution of the Member State of employment. He proposes enhancing cooperation between the competent authorities and considers that the principle of sincere cooperation should be strengthened by laying down shorter response times, and also that the lack of a response should entail responsibility shifting between the competent authorities.
(48) Article 92 is deleted;
In order to optimise exchanges between administrations and to protect those covered by the regulations, he supports the setting up of new arrangements (e.g. the Crossroads Bank for Social Security) and an operational electronic network linking social security institutions (European social security e-card and number), and wold like to see the digitisation of the documents covered by the regulations.
(49) Article 93 is replaced by the following:
The rapporteur also considers it essential to clarify the regulatory framework applicable to posted workers (obligatory minimum period of membership of the social security scheme of the posting state, issuance of the portable document before the start of the posting, etc.), self-employed workers and people engaged in multiple activities.
‘Article 93
Finally, the rapporteur opposes the indexation of family benefits in the place of residence of the children: even if the data are incomplete and do not cover all the countries affected by the coordination regulation, less than 1% of total family allowances are paid to children residing in a Member State other than that in which their parent or parents work. In that context, an indexation system which localised and updated the amount of benefits depending on the place of residence of the children would involve setting up a complex and costly system having implications for public finances.
Transitional provisions
The rapporteur hopes that the discussions on the revision of the coordination regulations moves away from posturing and accusations of ‘benefit tourism’, ‘widespread fraud’ and ‘disguised protectionism’. This revision must ensure the continuity of citizens’ social rights, while promoting efficient mobility in Europe.
Articles 87, 87a and 87b of the basic Regulation shall apply to the situations covered by the implementing Regulation..
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
(50) the following article is inserted:
The rapporteur would like to make it known that he was contacted during the preparation of the report amongst others by the following stakeholder representatives and lobbyists.
“Article 94a
24.4.2018
Transitional provisions relating to unemployment benefits
SHORT JUSTIFICATION
1. Articles 56 and 70 and Annex 5, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to unemployment benefits for which applications are submitted before the relevant dates of application as set out in Article 97, second paragraph, point (2), and third and fourth paragraphs.
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.
2. Article 73, in the version in force before … [date of entry into force of the amending Regulation] shall continue to apply to settlements of claims which started before … [24 months after the date of entry into force of the amending Regulation].
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.
3. Section 3 of Chapter III of Title IV, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to requests and contestations made before … [24 months after the date of entry into force of the amending Regulation].”;
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.
(51) Article 96 is amended as follows:
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.
(a) in paragraph 1, second subparagraph, the introductory wording is replaced by the following:
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.
‘However, with the exception of Article 107, Regulation (EEC) No 574/72 shall remain in force and continue to have legal effect for the purposes of: ▌’;
AMENDMENTS
(b) the following paragraph is inserted:
The Committee on Petitions calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:
"1a For the purposes of the legislation referred to in paragraph 1 of this Article, the rules on currency conversion shall be governed by Article 90. ▌";
Amendment 1
(52) Article 97 is replaced by the following:
Proposal for a regulation
‘Article 97
Recital 3 a (new)
Entry into force and application
Amendment 2
This Regulation shall be published in the Official Journal of the European Union. It shall enter into force on 1 May 2010.
Proposal for a regulation
Notwithstanding the first paragraph, the following dates of application shall apply:
Recital 3 b (new)
(1) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from that date:
Amendment 3
(a) Article 1(2);
Proposal for a regulation
(b) Article 2(2a), (5) and (6);
Recital 3 c (new)
(c) Article 3(3);
Amendment 4
(d) Article 19(2) and (3);
Proposal for a regulation
(e) Article 26(4);
Recital 4 a (new)
(f) Article 43(3);
Amendment 5
(g) Article 65;
Proposal for a regulation
(h) Article 66(2);
Recital 4 b (new)
(i) Article 68(2);
Amendment 6
(j) Article 75(1), (3) and (4);
Proposal for a regulation
(k) Articles 85a, 86 and 86a;
Recital 4 c (new)
(l) Article 87(4) and (6);
Amendment 7
(m) Article 87c;
Proposal for a regulation
(n) Article 89(3);
Recital 4 d (new)
(o) Articles 92 and 93 and 94a;
Amendment 8
(p) Article 96(1) and (1a);
Proposal for a regulation
(q) Annex 1;
Recital 8
(2) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from … [24 months after the date of entry into force of the amending Regulation]:
Amendment 9
(a) Article 5(2) to (5);
Proposal for a regulation
(b) Article 14(1), (1a), (3), (5a), (10) and (12);
Recital 9
(c) Article 15;
Amendment 10
(d) Article 16(1), (2), (3) and (5);
Proposal for a regulation
(e) Article 19a;
Recital 11 a (new)
(f) Article 20(3) and (4);
Amendment 11
(g) Article 25(1) and (3);
Proposal for a regulation
(h) Article 31(2);
Recital 11 b (new)
(i) Article 32(1);
Amendment 12
(j) Article 54(1);
Proposal for a regulation
(k) Article 54a;
Recital 12
(l) Article 55(1), (4), (5) and (7);
Amendment 13
(m) Article 56(-1), (1) and (3);
Proposal for a regulation
(n) Article 56a;
Recital 13
(o) Article 67(3) and (7);
Amendment 14
(p) Article 70;
Proposal for a regulation
(q) Article 72(1);
Recital 15
(r) Articles 73 and 77;
Amendment 15
(s) Article 78(1) to (4) and (6);
Proposal for a regulation
(t) Articles 79 to 82 and Article 84;
Article 1 – paragraph 1 – point 3
(u) Article 85(1) and (1a);
Regulation (EC) No 883/2004
(v) Annexes 5 and 6;
Recital 5 a
(3) Article 64, in the version in force from … [date of entry into force of the amending Regulation], shall apply from 1 January … [the calendar year following the calendar year in which the amending Regulation enters into force].
Justification
Notwithstanding the second paragraph, points (1) and (2), of this Article, with regard to persons for whom, during their last activity as an employed or self-employed person, Luxembourg was the competent Member State, Articles 56 and 70 and Annex 5, in the version in force before … [date of entry into force of the amending Regulation], shall apply until … [5 years after the date of entry into force of the amending Regulation]. During that timeframe, Article 56a shall not apply to Luxembourg.
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.
Luxembourg may notify the Commission that it is necessary to prolong the timeframe referred to in the third paragraph until … [7 years after the date of entry into force of the amending Regulation]. Such a notification of prolongation shall be made in reasonable time before the end of the timeframe set out in the third paragraph. The notification shall be published in the Official Journal of the European Union.’;
Amendment 16
(53) the Annexes to Regulation (EC) No 987/2009 are amended in accordance with the Annex II to this Regulation.
Proposal for a regulation
Article 3
Article 1 – paragraph 1 – point 3
Entry into force and date of application
Regulation (EC) No 883/2004
This Regulation shall enter into force on the first day of the month following the date of its publication in the Official Journal of the European Union.
Recital 5c
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Amendment 17
Done at …,
Proposal for a regulation
For the European Parliament For the Council
Article 1 – paragraph 1 – point 5 a (new)
The President The President
Regulation (EC) No 883/2004
ANNEX I
Recital 24 a (new)
Amendments to the annexes of Regulation (EC) No 883/2004
Amendment 18
The Annexes to Regulation (EC) No 883/2004 are amended as follows:
Proposal for a regulation
(1) Annex I is amended as follows:
Article 1 – paragraph 1 – point 8
(a) Part I is amended as follows:
Regulation (EC) No 883/2004
(i) the following section is inserted after the section "BULGARIA":
Recital 46
‘CZECH REPUBLIC
Amendment 19
Advance of Maintenance Payments according to the Act on Advance of Maintenance Payments (No 588/2020 Coll.)”;
Proposal for a regulation
(ii) the section "ESTONIA" is replaced by the following:
Article 1 – paragraph 1 – point 9 – point d
‘ESTONIA
Regulation (EC) No 883/2004
Maintenance allowances under the Family Benefits Act of 1 January 2017";’;
Article 1 – paragraph 1 – point vb
(iii) the section “SLOVAKIA” is replaced by the following:
Amendment 20
“SLOVAKIA
Proposal for a regulation
Substitute Alimony provided under the Act No 201/2008 Coll. as amended”;”;
Article 1 – paragraph 1 – point 11
(iv) the section “SWEDEN” is replaced by the following:
Regulation (EC) No 883/2004
“SWEDEN
Article 4 – paragraph 2
Maintenance support (Chapters 17-19 of the Social Insurance Code) (2010:110);”;
Amendment 21
(b) Part II is amended as follows:
Proposal for a regulation
(i) the section "LITHUANIA" is replaced by the following:
Article 1 – paragraph 1 – point 13
‘LITHUANIA
Regulation (EC) No 883/2004
Children's Maintenance Payments under the Law on the Children`s Maintenance Payments;’;
Article 12 – paragraph 1
(ii) the section “HUNGARY” is deleted;
Justification
(iii) the section "POLAND" is replaced by the following:
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.
‘POLAND
Amendment 22
Single payment birth grant (Act on Family Benefits)
Proposal for a regulation
One-off benefit for the birth of a child who was diagnosed with a severe and irreversible disability or an untreatable life-threatening illness, which originated in the period of prenatal development of the child or during labour;’;
Article 1 – paragraph 1 – point 13
(iv) the section “ROMANIA” is deleted;
Regulation (EC) No 883/2004
(v) the section "SLOVAKIA" is replaced by the following:
Article 12 – paragraph 2
‘SLOVAKIA
Amendment 23
Childbirth allowance;’;
Proposal for a regulation
(vi) the section “FINLAND” is replaced by the following:
Article 1 – paragraph 1 – point 13
‘Maternity package, maternity lump-sum grant and assistance in the form of a lump sum intended to offset the cost of international adoption pursuant to the Maternity Grant Act (477/1993);’;
Regulation (EC) No 883/2004
(vii) the following section is added:
Article 12 – paragraph 2 a (new)
"SWEDEN
Justification
Adoption allowance (Chapter 21 of the Social Insurance Code (2010:110)).";
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.
(2) ▌ Annex II is amended as follows:
Amendment 24
(a) the sections “DENMARK-FINLAND” and “DENMARK-SWEDEN” are deleted;
Proposal for a regulation
(b) the section "GERMANY-AUSTRIA" is replaced by the following:
Article 1 – paragraph 1 – point 17
‘GERMANY-AUSTRIA
Regulation (EC) No 883/2004
Article 14(2), points (g), (h), (i) and (j) of the Convention on social security of 4 October 1995 (determination of competencies between both countries with regard to former insurance cases and acquired insurance periods); the application of that provision remains restricted to the persons covered by it.’
Article 35a – paragraph 2
(c) the sections "SPAIN-PORTUGAL and “FINLAND-SWEDEN” are deleted;
Amendment 25
(3) in Annex III, the sections "ESTONIA", "SPAIN", "CROATIA", "ITALY", "LITHUANIA", "HUNGARY", "NETHERLANDS", "FINLAND" and "SWEDEN" are deleted.
Proposal for a regulation
(4) Annex IV is amended as follows:
Article 1 – paragraph 1 – point 17
(a) the section “ESTONIA” is inserted after “GERMANY";
Regulation (EC) No 883/2004
(b) the section “LATVIA” is inserted after “CYPRUS”;
Article 35a – paragraph 2 a (new)
(c) the section “LITHUANIA” is inserted after "LATVIA”;
Amendment 26
(d) the section “MALTA” is inserted after “HUNGARY”;
Proposal for a regulation
(e) the section "PORTUGAL" is inserted after "POLAND";
Article 1 – paragraph 1 – point 18 a (new)
(f) the section "ROMANIA" is inserted after "PORTUGAL";
Regulation (EC) No 883/2004
(g) the section “SLOVAKIA” is inserted after “SLOVENIA”
Article 52 – paragraph 1 a (new)
(h) the section "FINLAND" is inserted after "SLOVAKIA";
Amendment 27
(i) the section "UNITED KINGDOM" is added after "SWEDEN";
Proposal for a regulation
(5) in Annex VI, the section “FINLAND” is deleted;
Article 1 – paragraph 1 – point 19
(6) in Annex VIII, Part I is amended as follows:
Regulation (EC) No 883/2004
(a) the section “LITHUANIA” is replaced as follows:
Article 61 – paragraph 1
‘LITHUANIA
Amendment 28
All applications for social insurance widow’s/ widower’s pensions calculated on the basis of the basic amount of widow’s/ widower’s pension (Law on Social Insurance Pensions).’;
Proposal for a regulation
(b) in the section “AUSTRIA”, point (g) is replaced by the following:
Article 1 – paragraph 1 – point 19
‘(g) All applications for benefits under the Federal Act of 22 December 2018 on Pension Provision for Austrian Notaries – NVG 2020;
Regulation (EC) No 883/2004
(h) early starter bonus under §§ 262a and 286a of the Allgemeines Sozialversicherungsgesetz (ASVG) (General Social Insurance Act) of 9 September 1955, § 144a of the gewerbliches Sozialversicherungsgesetz (GSVG) (Trade Social Insurance Act) of 11 October 1978, and §135a of the Bauern-Sozialversicherungsgesetz (BSVG) (Farmers’ Social Insurance Act) of 11 October 1978.’;
Article 61 – paragraph 2
(7) Annex IX is amended as follows:
Amendment 29
(a) Part I is amended as follows:
Proposal for a regulation
(i) the following section is added after the section "DENMARK":
Article 1 – paragraph 1 – point 20 – point a
‘ESTONIA
Regulation (EC) No 883/2004
Work ability allowance granted under the Work Ability Allowance Act;’;
Article 64 – paragraph 1 – point c
(ii) the section “FINLAND” is replaced by the following:
Amendment 30
‘FINLAND
Proposal for a regulation
Spouse's pensions determined according to the transitional rules and awarded prior to 1 January 1994 (Act on Enforcement of the National Pensions Act, 569/2007)
Article 1 – paragraph 1 – point 20 – point a a (new)
The additional amount of child’s pension when calculating independent benefit according to the National Pension Act (the National Pension Act, 568/2007)’;
Regulation (EC) No 883/2004
(b) in Part II, the section “LITHUANIA” is replaced by the following:
Article 64 – paragraph 2
‘LITHUANIA
(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0883&from=EN)
(a) Social insurance work incapacity pensions, paid under the Law on Social Insurance Pensions
Amendment 31
(b) Social insurance widow’s/widower’s and orphans' pensions, calculated on the basis of the work incapacity pension of the deceased person under the Law on Social Insurance Pensions’;
Proposal for a regulation
(c) in Part III, the third paragraph is replaced by the following:
Article 1 – paragraph 1 – point 20 – point b
“Nordic Convention on social security of 12 June 2012”;
Regulation (EC) No 883/2004
(8) Annex X is amended as follows:
Article 64 – paragraph 3
(a) the section "CZECH REPUBLIC" is deleted;
Amendment 32
(b) in the section “GERMANY”, point (b) is replaced by the following:
Proposal for a regulation
“(b) Bürgergeld, basic provision for jobseekers in accordance with Volume II of the Social Code ▌.";
Article 1 – paragraph 1 – point 23 a (new)
(c) the section "ESTONIA" is amended as follows:
Regulation (EC) No 883/2004
(i) point (a) is deleted;
Article 71 – paragraph 1
(ii) the following point is added:
(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883-20140101&from=EN)
“(c) Pensioner's living alone allowance (Social Welfare Act of 6 September 2016)”;
Amendment 33
(d) the section “LITHUANIA” is replaced by the following:
Proposal for a regulation
‘LITHUANIA
Article 1 – paragraph 1 – point 25
(a) Social assistance disability and old age pension (Law of 2005 on Social Assistance Pensions, Article 5 and Article 6);
Regulation (EC) No 883/2004
(b) Relief compensation (Law of 2005 on Social Assistance Pensions, Article 12);
Article 76 a – paragraph 1 – indent 4
(c) Transport compensation for the disabled who have mobility problems, granted before 2019 according to the Law on Transport Compensation;’;
Amendment 34
(e) in the section “HUNGARY”, point (c) is deleted;
Proposal for a regulation
(f) the section "AUSTRIA" is replaced by the following:
Article 1 – paragraph 1 – point 27
‘AUSTRIA
Regulation (EC) No 883/2004
(a) Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce — GSVG and Federal Act of 11 October 1978 on Social insurance for farmers — BSVG);
Article 88
(b) Supplementary allowance (Federal Act of 18 November 1965 on the pension entitlements of federal officials, their survivors and dependents - Pensionsgesetz 1965 (PG 1965); Federal Act on the pension benefits of officials of Austrian Federal Railways – Bundesbahn-Pensionsgesetz (BB-PG); Federal Act of 9 July 1958 on the retirement and pension benefits of Federal theatre employees (Bundestheaterpensionsgesetz (BThPG)).’;
Amendment 35
(g) the section “POLAND” is replaced by the following:
Proposal for a regulation
‘POLAND
Article 2 – paragraph 1 – point 4
(a) Social pension (Act of 27 June 2003 on social pensions);
Regulation (EC) No 987/2009
(b) Supplementary parental benefit (Act of 31 January 2019 on supplementary parental benefit);
Article 1 – paragraph 2 – point ea
(c) Supplementary benefit for persons unable to live independently (Act of 31 July 2019 on supplementary benefit for persons unable to live independently).’;
Amendment 36
(h) the section “PORTUGAL” is amended as follows:
Proposal for a regulation
(i) point (a) is replaced by the following:
Article 2 – paragraph 1 – point 5
‘(a) Non-contributory State old-age pension (Decree-Law No 464/80 of 13 October 1980);’;
Regulation (EC) No 987/2009
(ii) the following point is added:
Article 2 – paragraph 5
‘(d) The Basic Component and the Supplement of the Social Benefit for Inclusion (Decree-Law Nº 126-A/2017 of 6 October 2017 as amended).’;
Amendment 37
(i) the following section is inserted after the section "PORTUGAL":
Proposal for a regulation
"ROMANIA
Article 2 – paragraph 1 – point 7 a (new)
Social allowance for pensioners (Government Emergency Ordinance No 6/2009 establishing minimum guaranteed social pension, endorsed by Law No 196/2009) ▌;";
Regulation (EC) No 987/2009
(j) the section "SLOVENIA" is deleted;
Article 6 – paragraph 3
(k) in the section "FINLAND", point (c) is deleted;
(http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1517319430937&uri=CELEX:32009R0987)
(l) the section “SWEDEN” is replaced by the following:
Amendment 38
"SWEDEN
Proposal for a regulation
(a) Housing supplements for persons receiving a pension (Chapters 99-103 of the Social Insurance Code) (2010:110);
Article 2 – paragraph 1 – point 7 b (new)
(b) Maintenance support for the elderly (Chapter 74 of the Social Insurance Code) (2010:110);”;
Regulation (EC) No 987/2009
(m) in the section "UNITED KINGDOM", the following points are added:
Article 7 – paragraph 1 a (new)
"(f) Personal Independence Payment mobility component (in Great Britain legislation, Part 4 of The Welfare Reform Act 2012 and in Northern Ireland Legislation, Part 5 of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1));
Amendment 39
(g) Best Start Foods payment (Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (SSI 2019/193));
Proposal for a regulation
(h) Best Start Grants (pregnancy and baby grant, early learning grant, school-age grant) (The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (SSI 2018/ 370));
Article 2 – paragraph 1 – point 7 c (new)
(i) Funeral Support Payment (Funeral Expense Assistance (Scotland) Regulations 2019 (SSI 2019/292));
Regulation (EC) No 987/2009
(j) Scottish Child Payment (Scottish Child Payment Regulations 2020 (SSI 2020/XX));
Article 11 – paragraph 1
(k) Child Disability Payment mobility component (The Disability Assistance for Children and Young People (Scotland) Regulations 2021 (SSI 2021/174));
(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0987&from=EN)
(l) Adult Disability Payment mobility component (Social Security (Scotland) Act 2018 (“SS(S)A”)) and the Disability Assistance for Working Age People (Scotland) Regulations 2022;
Amendment 40
(m) Pension Age Winter Heating Payment (The Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025);
Proposal for a regulation
(n) Winter Fuel Payment (The Social Fund Winter Fuel Payment Regulations 2025).";
Article 2 – paragraph 1 – point 11
(9) Annex XI is amended as follows:
Regulation (EC) No 987/2009
(a) the section "CZECH REPUBLIC" is replaced by the following:
Article 19 – paragraph 4
"CZECH REPUBLIC
Amendment 41
1. For the purpose of defining members of the family according to Article 1(i), ‘spouse’ also includes registered partners as defined in the Czech act No 115/2006 Coll., on registered partnership.
Proposal for a regulation
2. Notwithstanding Articles 5 and 6 of this Regulation, for the purpose of granting the supplementary benefit in respect of insurance periods completed under the legislation of the former Czech and Slovak Federal Republic, solely the insurance periods completed under the Czech legislation can be taken into account in order to meet the condition of at least one year of Czech pension insurance within the defined period after the date of dissolution of the federation (§ 106a, paragraph 1, letter b) of Act No 155/1995 Col., on pension insurance). ▌";
Article 2 – paragraph 1 – point 26 a (new)
(b) in the section "GERMANY", point 3 is replaced by the following:
Regulation (EC) No 987/2009
"3. For the purpose of granting cash benefits under §47(1) of SGB V, §47(1) of SGB VII and § 24i of SGB V to insured persons who live in another Member State, German insurance schemes calculate net pay, which is used to assess benefits, as if the insured person lived in Germany, unless the insured person requests an assessment on the basis of the net pay which he or she actually receives. For the purpose of granting parental leave benefit under the Federal Parental Allowance and Parental Leave Act (BEEG) to persons living in another Member State, the competent institution for German parental leave benefit shall calculate the average monthly earned income under §§2c to 2f of the Act, which is used to assess benefits, as if the person lived in Germany. In doing so, if tax bracket IV is applicable under the second sentence of §2e(3) of BEEG because the beneficiary was not classified in any German tax bracket during the assessment period, he or she may request that the parental leave benefit be assessed on the basis of his or her actual net income taxed in the Member State of residence. ▌";
Article 67 – paragraph 5
(c) the section "ESTONIA" is replaced by the following:
(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)
"ESTONIA
Justification
1. For the purpose of calculating parental benefits, periods of employment in Member States other than Estonia shall be considered to be based on the same average amount of Social Tax as paid during the periods of employment in Estonia with which they are aggregated. If during the reference year the person has been employed only in other Member States, the calculation of the benefit shall be considered to be based on the average Social Tax paid in Estonia between the reference year and the maternity leave.
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.
2. For the purpose of calculating pro rata work ability allowance in accordance with Article 52(1), point (b), of this Regulation, the periods of residence completed in Estonia will be taken into account starting from the age of 16 until the contingency occurred. ▌”;
Amendment 42
(d) the section “CYPRUS” is replaced by the following:
Proposal for a regulation
‘CYPRUS
Article 2 – paragraph 1 – point 40 a (new)
For the purpose of applying the provisions of Articles 6, 51 and 60a of this Regulation, for any period commencing on or after 6 October 1980, a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period.’;
Regulation (EC) No 987/2009
(e) in the section "MALTA", point (a) is replaced by the following:
Article 89 – paragraph 1 a (new)
‘(a) Solely for the purposes of the application of Articles 49 and 60 of this Regulation, persons employed under the Malta Armed Forces Act (Chapter 220 of the Laws of Malta), the Police Act (Chapter 164 of the Laws of Malta), the Prisons Act (Chapter 260 of the Laws of Malta) and the Civil Protection Act (Chapter 411 of the Laws of Malta) shall be treated as civil servants;’;
(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0987&from=EN)
(f) in the section "NETHERLANDS", ▌ point 1 is replaced by the following:
PROCEDURE – COMMITTEE ASKED FOR OPINION
‘1. Health care insurance
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
(a) As regards entitlement to benefits in kind under Dutch legislation, persons entitled to benefits in kind for the purpose of the implementation of Chapters 1 and 2 of Title III of this Regulation shall mean:
+ : in favour
(i) persons who are obliged to take out insurance under a health care insurer, according to the Zorgverzekeringswet (Health Care Insurance Act); and
- : against
(ii) in so far as they are not already included under point i), persons who are resident in another Member State and who, under this Regulation are entitled to health care in their state of residence, the costs being borne by the Netherlands;
0 : abstention
(b) The persons referred to in point 1(a)(i) must, in accordance with the provisions of the Zorgverzekeringswet (Health Care Insurance Act) take out insurance with a health care insurer; and the persons referred to in point 1(a)(ii) must register with the CAK;
PROCEDURE – COMMITTEE RESPONSIBLE
(c) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Wet langdurige zorg (Longterm care act) concerning liability for the payment of contributions shall apply to the persons referred to in point (a) and the members of their families. In respect of members of the family, the contributions shall be levied on the person from whom the right to health care is derived;
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
(d) Persons entitled to benefits in kind by virtue of the legislation of a Member State other than the Netherlands who reside in the Netherlands or stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with the policy offered to insured persons in the Netherlands by the institution of the place of residence or the place of stay, taking into account Article 11(1), (2) and (3) of the Zorgverzekeringswet (Health Care Insurance Act), as well as to benefits in kind provided for by the Wet langdurige zorg (Longterm care act);
+ : in favour
(e) Point 1(f), in the version in force before … [date of entry into force of the amending Regulation] shall continue to apply to persons who received a benefit referred to in that provision on this date and who have registered with the CAK.’;
- : against
(g) the following section is inserted after the section "AUSTRIA":
0 : abstention
"SLOVAKIA
Notwithstanding Article 5 and 6 of this Regulation, for the purposes of granting the supplementary benefit in respect of insurance periods completed under the legislation of the former Czech and Slovak Federal Republic, solely the insurance periods completed under the Slovak legislation can be taken into account in order to meet the condition of at least one year of Slovak pension insurance within the defined period after the date of dissolution of the federation (§ 66a, paragraph 1, letter b) of Act No 461/2003 Col., on Social Insurance). ▌";
(h) in the section “FINLAND”, point 1 is deleted;
(i) the section "SWEDEN" is amended as follows:
(i) points 1 and 2 are deleted;
(ii) point 3 is replaced by the following:
"3. The provisions of this Regulation on the aggregation of insurance periods and periods of residence shall not apply to the transitional provisions in the Swedish legislation on entitlement to guarantee pension for persons born in or before 1937 who have been resident in Sweden for a specified period before applying for a pension (Chapter 6 of the Act (2010:111) on the Implementation of the Social Insurance Code concerning Chapters 53–74);";
(iii) point 4 is amended as follows:
- the introductory wording is replaced by the following:
‘4. For the purpose of calculating income for notional income-related sickness compensation and income-related activity compensation in accordance with Chapter 34 of the Social Insurance Code (2010:110), the following shall apply:’;
- paragraph (b) is replaced by the following:
‘(b) where the benefits are calculated pursuant to Article 46 of this Regulation and persons are not insured in Sweden, the reference period shall be determined in accordance with Chapter 34, Sections 3, 10 and 11 of the abovementioned Act as if the person concerned were insured in Sweden. If the person concerned has no pension-generating income during this period under Chapter 59 of the Social Insurance Code (2010:110), the reference period shall be permitted to run from the earlier point in time when the insured person had income from gainful activity in Sweden;";
(iv) in point 5, point (a) is replaced by the following:
‘5(a) For the purpose of calculating notional pension assets for income-based survivor’s pension (Chapter 82 of the Social Insurance Code) (2010:110), if the requirement in Swedish legislation for pension entitlement in respect of at least three out of the 5 calendar years immediately preceding the insured person’s death (reference period) is not met, account shall also be taken of insurance periods completed in other Member States as if they had been completed in Sweden. Insurance periods in other Member States shall be regarded as based on the average Swedish pension base. If the person concerned has only 1 year in Sweden with a pension base, each insurance period in another Member State shall be regarded as constituting the same amount.’;
(j) in the section "UNITED KINGDOM":
(i) points 1 and 2 are replaced by the following:
"1. Where, in accordance with United Kingdom legislation, a person who reached pensionable age before 6 April 2016 may be entitled to a retirement pension if:
(a) the contributions of a former spouse or former civil partner are taken into account as if they were that person’s own contributions; or
(b) the relevant contribution conditions are satisfied by that person’s spouse, civil partner, former spouse or former civil partner,
then provided, in each case, that the spouse or civil partner or former spouse or former civil partner is or had been exercising an activity as an employed or self- employed person, and had been subject to the legislation of two or more Member States, the provisions of Chapter 5 of Title III of this Regulation shall apply in order to determine entitlement under United Kingdom legislation. In this case, references in Chapter 5 to ‘periods of insurance’ shall be construed as references to periods of insurance completed by:
(i) a spouse, civil partner, former spouse or former civil partner where a claim is made by:
- a married person or civil partner, or
- a person whose marriage or civil partnership has terminated otherwise than by the death of the spouse or civil partner; or
(ii) a former spouse or former civil partner, where a claim is made by:
- a widow, widower or civil partner who immediately before pensionable age was not entitled to widowed parent’s allowance, or
- a widow whose husband died before 9 April 2001 who immediately before pensionable age was not entitled to widowed mother’s allowance, widowed parent’s allowance or widow’s pension, or who is only entitled to an age-related widow’s pension calculated pursuant to Article 52(1)(b) of this Regulation, and for this purpose ‘age-related widow's pension’ means a widow’s pension payable at a reduced rate in accordance with section 39(4) of the Social Security Contributions and Benefits Act 1992. ▌
This point does not apply to persons who reach pensionable age on or after 6 April 2016.
2. For the purposes of applying Article 6 of this Regulation to the provisions governing entitlement to attendance allowance, carer’s allowance, ▌ disability living allowance and personal independence payment, a period of employment, self-employment or residence completed in the territory of a Member State other than the United Kingdom shall be taken into account in so far as is necessary to satisfy conditions as to required periods of presence in the United Kingdom, prior to the day on which entitlement to the benefit in question first arises.";
(ii) in point 4, the first paragraph is replaced by the following:
"4. Where Article 46 of this Regulation applies, if the person concerned suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, the United Kingdom shall, for the purposes of Section 30A (5) of the Social Security Contributions and Benefits Act 1992, Part 1 of the Welfare Reform Act 2007 or the corresponding Northern Ireland provisions, take account of any periods during which the person concerned has received, in respect of that incapacity for work:
(a) cash sickness benefits or wages or salary in lieu thereof; or
(b) benefits within the meaning of Chapters 4 and 5 of Title III of this Regulation granted in respect of the invalidity which followed that incapacity for work, under the legislation of the other Member State, as though they were periods of, as appropriate, short-term incapacity benefit paid in accordance with Sections 30A (1)-(4) of the Social Security Contributions and Benefits Act 1992, Employment and Support Allowance (Assessment phase) paid in accordance with Part 1 of the Welfare Reform Act 2007 or corresponding Northern Ireland provisions.
▌";
(10) the following Annexes are added:
"ANNEX XII
LONG-TERM CARE BENEFITS ▌ PROVIDED BY WAY OF DEROGATION FROM ARTICLE 33A(2)
(Article 33a(2)) ▌
AUSTRIA
Long-term care benefit in cash (Federal Long-Term care benefit Act, BGBI. I Nr. 110/1993 as amended) granted as a result of accidents at work or occupational diseases is coordinated under Chapter 2 of Title III – Benefits in respect of accidents at work and occupational diseases.
FRANCE
(a) Constant attendance allowance (Social Security Code, Article L.355-1) is coordinated under Chapter 4 of Title III – Invalidity benefits or under Chapter 5 of Title III – Old age benefit, depending on the benefit which the care supplement is intended to supplement;
(b) Supplementary benefit for constant attendance (Social Security Code, Article L.434-2) is coordinated under Chapter 2 of Title III – Benefits in respect of accidents at work and occupational diseases.
GERMANY
Long-term care benefits in respect of accidents at work and occupational diseases (Book VII of the German Social Code, paragraph (44) is coordinated under Chapter 2 of Title III – Benefits in respect of accidents at work and occupational diseases.
POLAND
Care supplement (the Act of 17 December 1998 on old-age and invalidity benefits from the Social Insurance Fund) is coordinated under Chapter 4 of Title III – Invalidity benefits or under Chapter 5 of Title III – Old age benefit, depending on the benefit that the care is intended to supplement.
ANNEX XIII
FAMILY BENEFITS IN CASH INTENDED TO REPLACE INCOME DURING CHILD-RAISING PERIODS
(Article 68b)
Part I Family benefits in cash which are intended to replace income during periods of child-raising
(Article 68b(1))
AUSTRIA
(a) Flat-rate Childcare Allowance (Childcare Allowance Act, 2001/103);
(b) Childcare Allowance as replacement of gainful income (Childcare Allowance Act, 2001/103);
(c) Partner bonus (Childcare Allowance Act, 2001/103).
BELGIUM
Right to parental leave in the framework of professional career break (Royal Decree of 29/10/1997 concerning the introduction of a parental leave in the framework of a professional career break).
BULGARIA
(a) Pregnancy and child birth benefit (Social Insurance Code, promulgated SG No 110 from 17.12.1999, in force since 1 January 2000) starting from the sixth month of age of the child;
(b) Benefit upon Adoption of a Child between 2 and 5 Years of Age (Social Insurance Code, promulgated SG No 110 from 17.12.1999, in force since 1 January 2000);
(c) Benefit for raising a small child (Social Insurance Code, promulgated SG No 110 from 17.12.1999, in force since 1 January 2000).
CZECH REPUBLIC
Parental Allowance (State Social Support Act No 117/1995 Coll., as amended).
DENMARK
(a) Pay Refund (Act on Maternity Equalization Scheme for the private sector) starting from the 15th week after the birth;
(b) Maternity and Paternity Benefits in cash (Consolidation Act on Entitlement to leave and Benefits in the Event of Childbirth) starting from the 15th week after the birth.
ESTONIA
Parental Benefit (Family Benefits Act of 15 June 2016).
FINLAND
Parental Allowance (Sickness Insurance Act, 1224/2004).
FRANCE
(a) The complement of free choice of activity applicable (children born/adopted before 1 January 2015) (Article 60-II of Social Security Financing Act for 2004);
(b) The shared child-rearing benefit (PREPARE) (children born on 1 January 2015 or after) (Article 8-I-7° - Act No 2014-873 of 4 August 2014 for real equality between women and men).
GERMANY
Parental Allowance (Parental Allowance and Parental Leave Act).
HUNGARY
Child care fee (Act LXXXIII of 1997 on the Services of the Compulsory Health Insurance System).
ITALY
Allowance for parental leave (Legislative Decree of 26 March 2001, No 151).
LATVIA
Parents’ benefit (Law On Maternity and Sickness Insurance of 06.11.1995).
LITHUANIA
Childcare benefit (Law of the Republic of Lithuania of 21 December 2000 on Sickness and Maternity Social Insurance No IX-110; as amended).
LUXEMBOURG
Parental Leave Replacement Income (Law of 3 November 2016 reforming parental leave).
POLAND
(a) A supplement to the family allowance for child care in the period of parental leave (Act Of 28 November 2003 on Family Benefits);
(b) Parental Benefit (Act of 28 November 2003 on family benefits).
PORTUGAL
(a) Parental allowance (Decree-Laws No 89/2009 of 9 April 2009, and No 91/2009 of 9 April 2009) starting from 7th week after the childbirth;
(b) Extended parental allowance (Decree-Laws No 89/2009 of 9 April 2009, and No 91/2009 of 9 April 2009);
(c) Adoption allowance (Decree-Laws No 89/2009 of 9 April 2009, and No 91/2009 of 9 April 2009).
ROMANIA
Monthly Child Raising Indemnity (Government Emergency Ordinance No 111 of 8 December 2010 regarding the parental leave and the monthly child raising indemnity, with the subsequent amendments and additions).
SLOVAKIA
Parental Allowance (Parental Allowance Act No 571/2009, as amended).
SLOVENIA
(a) Parental Compensation (Parental Protection and Family Benefits Act, Official gazette No 26/14 and 15/90, ZSDP-1);
(b) Parental Allowance (Parental Protection and Family Benefits Act, Official gazette No 26/14 and 15/90, ZSDP-1).
SWEDEN
Parental benefit (Chapter 12 of the Social Insurance Code (2010:110)).
Part II Member States which award family benefits referred in Article 68b in full
(Article 68b(2)).
ESTONIA
FINLAND
LITHUANIA
LUXEMBOURG
SWEDEN”.
ANNEX II
Amendments to the annexes to Regulation (EC) No 987/2009
The Annexes to Regulation (EC) No 987/2009 are amended as follows:
(1) Annex 1 is amended as follows:
(a) the section “BELGIUM-GERMANY” is deleted;
(b) in the section “BELGIUM-FRANCE”, point (f) is replaced by the following:
‘(f) The Exchange of Letters of 21 November 1994 and 8 February 1995 concerning the procedures for the settlement of reciprocal claims pursuant to Articles 93, 94, 95 and 96 of Regulation (EEC) No 574/72, in the version amended by the Exchange of Letters of 2 April 2021 and 21 November 2022.’;
(c) in the sections “DENMARK-FINLAND” and “DENMARK-SWEDEN”, the text is, in each case, replaced by the following:
‘The Administrative Arrangement for the implementation of the Nordic Convention on Social Security of 12 June 2012.’;
(d) the section “GERMANY-FRANCE” is deleted;
(e) in the section “GERMANY-LUXEMBOURG”, points (a) and (b) are deleted;
(f) in the section “FINLAND-SWEDEN”, the text is replaced by the following:
‘The Administrative Arrangement for the implementation of the Nordic Convention on Social Security of 12 June 2012.’;
(2) Annex 5 is deleted;
(3) the following annex is added:
‘ANNEX 6
(Article 15(1b))
Construction Sector
The construction sector within the meaning of Article 15 includes all building work relating to the construction, repair, upkeep, alteration or demolition of buildings, and in particular the following work:
(1) excavation;
(2) earthmoving;
(3) actual building work;
(4) assembly and dismantling of prefabricated elements;
(5) fitting out or installation;
(6) alterations;
(7) renovation;
(8) repairs;
(9) dismantling;
(10) demolition;
(11) maintenance;
(12) upkeep, painting and cleaning work;
(13) improvements.’.
The Commission has made a Statement on Control, Activation and Job Placement with regard to this Regulation, which can be found at … [OJ please insert the OJ reference of the Commission statement and the ELI link].
The Commission has made a Statement on Seasonal Workers with regard to this Regulation, which can be found at … [OJ please insert the OJ reference of the Commission statement and the ELI link].
ANNEX TO THE LEGISLATIVE RESOLUTION
Commission Statement on Control, Activation and Job Placement
(Regulation … [OJ please insert number and OJ reference of the Regulation amending Regulations (EC) No 883/2004 and (EC) No 987/2009 on the basis of COD 2016/0397])
During the negotiations on the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, a number of Member States underlined the importance of control, activation or job placement measures for unemployed persons who go to a Member State other than the competent one to seek employment there. These are cases where, in accordance with the conditions set out in Article 64 and 65 of Regulation (EC) No 883/2004, a wholly unemployed person makes use of the possibility to retain unemployment benefits from the competent Member State for a limited period of time, while seeking employment in another Member State. During this period the person concerned must register as a person seeking work with the employment services of the other Member State, be subject to the control procedure organised there and adhere to the conditions laid down under the legislation of that Member State, as if he or she were receiving unemployment benefits from there. During that period the institution of the receiving Member State must provide to the competent Member State relevant information on a monthly basis concerning the follow-up of the unemployed person’s situation, in particular whether the latter is still registered with the employment services and is complying with the activation or job placement procedures in place there.
The Commission acknowledges the importance that persons exporting their unemployment benefit fully comply with all control, activation or job placement measures in place in the receiving Member State, under the same conditions as unemployed persons receiving benefits from that Member State. The Commission also acknowledges the importance of mutual cooperation to support the monitoring and control of unemployed persons when complying with the procedures and measures in the other Member State as to increase their chances of re-integration into the labour market and the need to further enhance monitoring and control by means of a structural automatic data exchange on, at least, work resumption and other income or benefit. To achieve that objective, the Commission will foster the mutual cooperation, support the Member States in the implementation of the provisions on the exchange between institutions, where needed, within the revised legal framework and closely monitor that implementation with the Member States.
In the context of the work on the Fair Labour Mobility Package, the Commission will explore how to further modernise and simplify social security coordination rules. This will include – inter alia – a proposal for solutions to strengthen cooperation and data exchange on control, activation or job placement measures between Member States in the framework of the reporting obligation of the receiving Member States. It could also include data exchange in case of work resumption, or the receipt of other sources of income or other benefits. Overall, this would aim at enhancing the responsibility and ensure full compliance of persons exporting their benefits with the control, activation or job placement measures in the receiving Member State as if he or she were receiving unemployment benefits from that Member State. This would not only increase the likelihood of an integration of an unemployed person in the labour market but also enhance the mutual trust among Member States in the system of coordination. For the short term, the Commission will already start exploring under the revised legal framework possible improvements in the digitalised and standardised information exchange between Member States with regard to the control and monitoring of the activities of unemployed persons exporting their benefits. To this end, the Commission will propose enhancements of the data exchanges between the institutions within the Electronic Exchange of Social Security Information system (EESSI) through the regular change management process. The Commission will propose that the standardised data fields confirming the person’s active job-seeking, work resumption will be fully operational by the date of application of the relevant provisions.
Commission Statement on Seasonal Workers
(Regulation ….[OJ please insert number and OJ reference of the Regulation amending Regulations (EC) No 883/2004 and (EC) No 987/2009 on the basis of COD 2016/0397])
The Communication from the Commission “Guidelines on seasonal workers in the EU in the context of the COVID-19 outbreak” of 17 July 2020, the Council conclusions on improving the working and living conditions of seasonal and other mobile workers approved on 9 October 2020 and the European Parliament resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis, among other initiatives, recognised that seasonal workers are often more vulnerable to precarious working and living conditions than other mobile workers. Regulations (EC) No 883/2004 and its implementing Regulation (EC) No 987/2009 on the coordination of social security systems contribute to facilitating the exercise of social security rights for mobile seasonal workers as well and are without prejudice to specific national income support schemes for seasonal workers, where they exist. It is however important that additional efforts are made in other policy areas as regards working and living conditions, including occupational health and safety, adequate minimum wages, equal treatment and access to social protection. To adequately support the protection of social security rights of seasonal workers, it is particularly important to provide them with relevant information regarding their rights and obligations under these Regulations in a clear and understandable language.