Changes from plenary report to adopted text

RemovedArticle 35b is deleted.

Added(c) Article 72(ea);

RemovedRegulation (EC) No 987/2009

Added(d) Articles 75a and 86;

RemovedArticle 2 – paragraph 1 – point 17 a (new), Article 32 – paragraph 1: 17a. In Article 32, paragraph 1 is replaced by the following: / ‘1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation.’

Added(e) Article 87a(2);

RemovedRegulation (EC) No 987/2009

Added(f) Articles 87b, 88, 88a, 88b and 88c;

RemovedArticle 2 – paragraph 1 – point 18, Article 32 – paragraph 4: deleted / (deleted)

Added(g) Annexes I, II, III, IV, VI, VIII, IX, X and XI.

RemovedRegulation (EC) No 987/2009

Added(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]:

RemovedArticle 2 – paragraph 1 – point 21, Article 55 – paragraph 7: deleted

Added(a) Article 1, points (i)(1)(ii), (va)(i), (va)(ia) and (vb);

RemovedRegulation (EC) No 987/2009

Added(b) Article 3(1), point (a);

RemovedArticle 2 – paragraph 1 – point 22, Article 55a: deleted / (deleted) / (deleted) / (deleted)

Added(c) Article 9(1);

RemovedRegulation (EC) No 987/2009

Added(d) Article 11(2);

RemovedArticle 2 – paragraph 1 – point 24, Title VI – Chapter I – title: deleted / (deleted) / (deleted)

Added(e) Article 12;

RemovedNo Change of title needed as article 35c has been deleted (LTC)

Added(f) Article 13(4a) and (5);

RemovedRegulation (EC) No 987/2009

Added(g) Article 19(1);

RemovedArticle 2 – paragraph 1 – point 26, Article 65 – paragraph 1: 1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question, with sickness indicated separately from long-term care benefits in kind.

Added(h) Article 20(1);

RemovedThe costs for sickness and long-term care benefits in kind should be indicated separately within the calculation of the annual average cost, so that the debtor state can divide the costs more easily.

Added(i) Article 30;

RemovedRegulation (EC) No 987/2009

Added(j) Article 32(3);

RemovedArticle 2 – paragraph 1 – point 26 a (new), Article 66 – paragraph 2: 26a. In Article 66, paragraph 2 is replaced by the following: / "2. The reimbursements between the institutions of the Member States, provided for in Articles 35 and 41 of the basic Regulation, shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and 41 of the basic Regulation. Mutual claims shall be off-set between the liaison bodies. The Administrative Commission shall establish detailed arrangements for such off-setting. "

Added(k) Articles 33a, 34, 60a, 61, 62 and 63;

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

Added(l) Article 64(1)(c) and (3);

RemovedIn order to maintain confidence in the principle of sincere cooperation and to satisfy the economic viability of budgeting required by social security institutions, the possibility of offsetting should be introduced. The number of payment transactions would be reduced since only the excess amounts would be paid internationally.

Added(m) Articles 64a, 65 and 65a;

RemovedRegulation (EC) No 987/2009

Added(n) Article 68(2) and (2a);

RemovedArticle 2 – paragraph 1 – point 26 b (new), Article 67: 26b. Article 67 is replaced by the following: / ‘Article 67 / 1. Claims based on actual expenditure shall be introduced to the liaison body of the debtor Member State within 12 months of the end of the calendar half-year during which those claims were recorded in the accounts of the creditor institution. Claims shall be met within six months of their introduction to the liaison body. / 3. The period referred to in paragraphs 1 and 2 shall not commence until the date on which the creditor institution becomes aware of the claim of the debtor institution. Claims may be introduced for benefit periods of no more than the previous five calendar years. The introduction of claims to the liaison body of the debtor Member State shall be decisive. / 5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 12 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This shall not apply to the claims which the debtor institution has rejected for a relevant reason within that period. The liaison body of the creditor Member State shall reply to such a rejection within 12 months of the end of the month during which the rejection was received. In the absence of such a reply, the rejection shall be deemed to be accepted. / 7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reach…

Added(o) Article 68b;

RemovedRegulation (EC) No 987/2009

Added(p) Annexes XII and XIII.

RemovedArticle 2 – paragraph 1 – point 26 c (new), Article 68 – paragraph 2: 26c. In Article 68, paragraph 2 is replaced by the following: / 2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus eight percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due.

AddedNotwithstanding 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].

RemovedRegulation (EC) No 987/2009

AddedLuxembourg 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.";

RemovedArticle 2 – paragraph 1 – point 27, Article 70: deleted

Added(40) the Annexes to Regulation (EC) No 883/2004 are amended in accordance with Annex I to this Regulation.

RemovedRegulation (EC) No 987/2009

AddedArticle 2

RemovedArticle 2 – paragraph 1 – point 28, Article 73 – paragraph 3 – subparagraph 3: If the amount of unduly paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which unduly received contributions shall reimburse the amount in excess to the legal and/or natural person concerned in accordance with national law.

AddedRegulation (EC) No 987/2009 is amended as follows:

RemovedRegulation (EC) No 987/2009

Added(1) the following recital is inserted:

RemovedArticle 2 – paragraph 1 – point 28, Article 73 – paragraph 4: 4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.

Added‘(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.’;

RemovedRegulation 987/2009/EC

Added(2) the following recitals are inserted: