What changed

Committee on Employment and Social Affairs

ORDINARY LEGISLATIVE procedure

2016/0397(COD)

Follow up to the 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

10.11.2017

1. Rapporteur: Gabriele BISCHOFF (S&D / DE)

***I

2. References: 2016/0397(COD) / A8-0386/2018 / P10_TA(2026)0239

DRAFT REPORT

3. Date of adoption of the resolution: 7 July 2026

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

4. Legal basis: Article 48 TFUE

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

5. Competent Parliamentary Committee: Committee on Employment and Social Affairs (EMPL)

(COM(2016)0815 – C8-0521/2016 – 2016/0397(COD))

6. Commission's position: accepts all amendments.

(Ordinary legislative procedure: first reading)

The Commission has issued two statements as part of the political agreement.

The European Parliament,

Statement of the Commission on the export of unemployment benefits.

– having regard to the Commission proposal to Parliament and the Council (COM(2016)0815),

During the negotiations on the revision of Regulations (EC) Nos. 883/2004 and 987/2009, a number of Member States underlined the importance of control, activation or job placement measures for unemployed persons who go to another Member State 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 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 an 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/ 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.

– having regard to Article 294(2), and Article 48 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0521/2016),

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.

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

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/ 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 standardized 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.

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

Statement of the Commission on the situation of seasonal workers

– having regard to the opinion of the European Economic and Social Committee of 7 July 2017,

The Communication from the Commission “Guidelines on seasonal workers in the EU in the context of the COVID-19 outbreak” of July 17, 2020, the Council conclusions on improving the working and living conditions of seasonal and other mobile workers approved on October 9, 2020 and the European Parliament resolution of June 19, 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis, among other initiatives, recognized that seasonal workers are often more vulnerable to precarious working and living conditions than other mobile workers. Regulation (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.

– 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 report of the Committee on Employment and Social Affairs and the opinion of the Committee on Petitions (A8-0000/2017),

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;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Citation 4 a (new)

Or. en

Amendment 2

Proposal for a regulation

Recital 1

Or. fr

Amendment 3

Proposal for a regulation

Recital 3

Or. fr

Amendment 4

Proposal for a regulation

Recital 4

Or. fr

Amendment 5

Proposal for a regulation

Recital 6 a (new)

Or. fr

Amendment 6

Proposal for a regulation

Recital 6 b (new)

Or. fr

Amendment 7

Proposal for a regulation

Recital 6 c (new)

Or. fr

Amendment 8

Proposal for a regulation

Recital 7

Or. fr

Amendment 9

Proposal for a regulation

Recital 8

Or. fr

Amendment 10

Proposal for a regulation

Recital 9

Or. fr

Amendment 11

Proposal for a regulation

Recital 10 a (new)

Or. fr

Amendment 12

Proposal for a regulation

Recital 10 b (new)

Or. fr

Amendment 13

Proposal for a regulation

Recital 10 c (new)

Or. fr

Amendment 14

Proposal for a regulation

Recital 15

Or. fr

Amendment 15

Proposal for a regulation

Recital 16

Or. fr

Amendment 16

Proposal for a regulation

Recital 21 a (new)

Or. en

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 883/2004

Recital 5c

Or. en

Amendment 18

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EC) No 883/2004

Recital 47

Or. en

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EC) No 883/2004

Recital 48 a (new)

Or. en

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 883/2004

Article 4 – paragraph 2

Or. en

Amendment 21

Proposal for a regulation

Article 1 – paragraph 1 – point 13

Regulation (EC) No 883/2004

Article 12 – paragraph 1

Or. fr

Justification

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

Amendment 22

Proposal for a regulation

Article 1 – paragraph 1 – point 13

Regulation (EC) No 883/2004

Article 12 – paragraph 2

Or. fr

Amendment 23

Proposal for a regulation

Article 1 – paragraph 1 – point 13

Regulation (EC) No 883/2004

Article 12 – paragraph 2 a (new)

Or. fr

Amendment 24

Proposal for a regulation

Article 1 – paragraph 1 – point 14 a (new)

Regulation (EC) No 883/2004

Article 15 a (new)

Or. fr

Amendment 25

Proposal for a regulation

Article 1 – paragraph 1 – point 14 b (new)

Regulation (EC) No 883/2004

Article 16 – paragraph 1

Or. fr

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

Amendment 26

Proposal for a regulation

Article 1 – paragraph 1 – point 14 c (new)

Regulation (EC) No 883/2004

Article 16 a (new)

Or. fr

Amendment 27

Proposal for a regulation

Article 1 – paragraph 1 – point 17

Regulation (EC) No 883/2004

Article 35a – paragraph 2

Or. fr

Amendment 28

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 883/2004

Article 61 – paragraph 1

Or. fr

Amendment 29

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 883/2004

Article 61 – paragraph 2

Or. fr

Amendment 30

Proposal for a regulation

Article 1 – paragraph 1 – point 20 – point a

Regulation (EC) No 883/2004

Article 64 – paragraph 1 – point c

Or. fr

Amendment 31

Proposal for a regulation

Article 1 – paragraph 1 – point 20 – point a a (new)

Regulation (EC) No 883/2004

Article 64 – paragraph 2

Or. fr

Amendment 32

Proposal for a regulation

Article 1 – paragraph 1 – point 20 – point b)

Regulation (EC) No 883/2004

Article 64 – paragraph 3

Or. fr

Amendment 33

Proposal for a regulation

Article 1 – paragraph 1 – point 22

Regulation (EC) No 883/2004

Article 65 – paragraph 3 a (new)

Or. fr

Amendment 34

Proposal for a regulation

Article 1 – paragraph 1 – point 23 a (new)

Regulation (EC) No 883/2004

Article 71 – paragraph 1

Or. fr

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

Amendment 35

Proposal for a regulation

Article 1 – paragraph 1 – point 24

Regulation (EC) No 883/2004

Article 75a – paragraph 2

Or. fr

Amendment 36

Proposal for a regulation

Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004

Article 76a – paragraph 1 – indent 1

Or. fr

Amendment 37

Proposal for a regulation

Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004

Article 76a – paragraph 1 – indent 3

Or. fr

Amendment 38

Proposal for a regulation

Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004

Article 76a – paragraph 1 – indent 4

Or. fr

Amendment 39

Proposal for a regulation

Article 1 – paragraph 1 – point 25 a (new)

Regulation (EC) No 883/2004

Article 79

Or. fr

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

Amendment 40

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 987/2009

Recital 26

Or. en

Justification

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.

Amendment 41

Proposal for a regulation

Article 2 – paragraph 1 – point 4

Regulation (EC) No 987/2009

Article 1 – paragraph 2 – point e a

Or. fr

Amendment 42

Proposal for a regulation

Article 2 – paragraph 1 – point 5

Regulation (EC) No 987/2009

Article 2 – paragraph 5

Or. en

Justification

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.

Amendment 43

Proposal for a regulation

Article 2 – paragraph 1 – point 5

Regulation (EC) No 987/2009

Article 2 – paragraph 6

Or. en

Justification

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.

Amendment 44

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Regulation (EC) No 987/2009

Article 5 – paragraph 1

Or. en

Amendment 45

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Regulation (EC) No 987/2009

Article 5 – paragraph 1 a (new)

Or. en

Amendment 46

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Regulation (EC) No 987/2009

Article 5 – paragraph 2 – point a

Or. en

Amendment 47

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Regulation (EC) No 987/2009

Article 5 – paragraph 2 – point c a (new)

Or. en

Amendment 48

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Regulation (EC) No 987/2009

Article 5 – paragraph 2 a (new)

Or. fr

Amendment 49

Proposal for a regulation

Article 2 – paragraph 1 – point 8 – point a

Regulation (EC) No 987/2009

Article 14 – paragraph 1

Or. en

Amendment 50

Proposal for a regulation

Article 2 – paragraph 1 – point 8 – point a a (new)

Regulation (EC) No 987/2009

Article 14 – paragraph 2

Or. en

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

Amendment 51

Proposal for a regulation

Article 2 – paragraph 1 – point 8 – point a b (new)

Regulation (EC) No 987/2009

Article 14 – paragraph 3

Or. en

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

Amendment 52

Proposal for a regulation

Article 2 – paragraph 1 – point 8 – point b a (new)

Regulation (EC) No 987/2009

Article 14 – paragraph 10

Or. en

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

Amendment 53

Proposal for a regulation

Article 2 – paragraph 1 – point 11

Regulation (EC) No 987/2009

Article 19 – paragraph 4

Or. en

Justification

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.

Amendment 54

Proposal for a regulation

Article 2 – paragraph 1 – point 11 a (new)

Regulation (EC) No 987/2009

Article 20 – paragraph 1

Or. fr

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

Amendment 55

Proposal for a regulation

Article 2 – paragraph 1 – point 12

Regulation (EC) No 987/2009

Article 20a – paragraph 1 – indent 1

Or. fr

Amendment 56

Proposal for a regulation

Article 2 – paragraph 1 – point 12

Regulation (EC) No 987/2009

Article 20a – paragraph 1 – indent 3

Or. fr

Amendment 57

Proposal for a regulation

Article 2 – paragraph 1 – point 12

Regulation (EC) No 987/2009

Article 20a – paragraph 1 – indent 4

Or. fr

Amendment 58

Proposal for a regulation

Article 2 – paragraph 1 – point 39

Regulation (EC) No 987/2009

Article 85a – paragraph 1 – introductory part

Or. fr

Amendment 59

Proposal for a regulation

Article 2 – paragraph 1 – point 39

Regulation (EC) No 987/2009

Article 85a – paragraph 1 – point b

Or. fr

Amendment 60

Proposal for a regulation

Article 2 – paragraph 1 – point 39

Regulation (EC) No 987/2009

Article 85a – paragraph 2

Or. fr

Amendment 61

Proposal for a regulation

Article 2 – paragraph 1 – point 39

Regulation (EC) No 987/2009

Article 85a – paragraph 3

Or. fr

EXPLANATORY STATEMENT

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.

The Commission is seeking to change three aspects of the coordination of unemployment benefits:

(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.

(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.

(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.

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.

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 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.

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.

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.

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.

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.

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.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

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.