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

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

A-8-2018-0386 · A8-0386/2018

Committee on Employment and Social Affairs · Rapporteur: Guillaume Balas

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Parliament's amended version of the proposed regulation updates EU rules coordinating national social security systems, covering long-term care, unemployment, family benefits, and administrative cooperation. It defines long-term care benefits, extends unemployment benefit export, gives frontier workers a choice of paying state, and tightens rules on posting and fraud. It also promotes digital tools like a European Social Security Card and strengthens data protection and cooperation between member states.

Committee position. The Committee on Employment and Social Affairs proposes amendments to the Commission proposal, including changes to long-term care, unemployment benefits, posting rules, and data protection.

Key points

  1. Long-term care benefits are defined and included in the regulation's scope, with a list to be drawn up by the Administrative Commission after consulting stakeholders.
  2. Unemployment benefit export is extended to six months, extendable until entitlement ends; aggregation requires only one month of recent insurance.
  3. Frontier workers may choose to receive unemployment benefits from either the state of last activity or residence.
  4. Posting of workers is limited to 18 months (or 6 months in some amendments) with prior notification and a minimum prior insurance period.
  5. Family benefits replacing income are reserved to the parent, and priority rules may be disapplied if listed.
  6. Member states must ensure economically inactive mobile citizens can access sickness insurance, and cannot restrict equal treatment based on residence.
  7. Portable documents must be issued electronically, with deadlines for responses and withdrawal in case of fraud.
  8. Data exchanges for fraud prevention must comply with GDPR, and requests must be substantiated and proportionate.
  9. The Commission is empowered to adopt delegated acts on document procedures, with a five-year renewable delegation.
  10. Reimbursement claims between member states must be paid within 12 months, with interest at ECB rate plus eight percentage points.
  11. Citizens may request a copy of their personal file and information on their rights.

Who is affected

  • Mobile workers, frontier workers, unemployed persons, and their families across the EU.
  • People needing long-term care and their caregivers.
  • Employers posting workers to another member state.
  • National social security institutions and labour inspectorates.

Figures and deadlines

  • 18 months maximum duration for posting of workers.
  • Six months export period for unemployment benefits.
  • One month minimum insurance period for aggregation.
  • 25 working days for issuing institution to respond to request.
  • 12 months for payment of claims between institutions.
  • 15 calendar days to acknowledge receipt of requests.

Legal basis: Article 48 and Article 294(2) of the Treaty on the Functioning of the European Union