Changes from plenary report to adopted text

RemovedArticle 2 – paragraph 1 – point 29, Article 75 – paragraph 4 a (new): 4a. The Member State where the person concerned by the refund of the social security contributions currently resides or stays, shall inform the Member State from which the refund is to be made, about the outcome of the refund within 25 working days.

Added‘(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.

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Added(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.

RemovedArticle 2 – paragraph 1 – point 30, Article 76 – paragraph 3 b (new): 3b. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.

Added(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.

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Added(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.

RemovedArticle 2 – paragraph 1 – point 31 – point b, Article 77 – paragraph 6 a (new): 6a. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.

Added(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.’;

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Added(3) the following recital is inserted:

RemovedArticle 2 – paragraph 1 – point 32 – point d, Article 78 – paragraphs 6 a, 6 b and 6 c (new): 6a. If the currency of the requested party is different from the currency of applicant party, the applicant authority shall express the amount of the claim to be recovered in both currencies. / 6b. The exchange rate to be used for the purpose of the recovery assistance shall be the last exchange rate published by the European Central Bank before the request is sent. / 6c. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.

Added‘(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. ";

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Added(4) recital 19 is replaced by the following:

RemovedArticle 2 – paragraph 1 – point 33, Article 79 – paragraph 2 a (new): 2a. A single uniform instrument permitting enforcement in the Member State of the requested party may be issued in respect to several claims and several persons corresponding to the initial instrument or instruments permitting enforcement in the Member State of the applicant party.

Added"(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.

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Added_______________

RemovedArticle 2 – paragraph 1 – point 34 – point b a (new), Article 80 – paragraph 2 a (new): (ba) the following paragraph is added: / “2a. Regardless of any amounts collected by the requested party by way of interest recovered, a claim shall be deemed recovered in proportion to the recovery of the amount expressed in the national currency of the Member State of the requested party on the basis of the exchange rate mentioned in the request.”

Added* 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)";

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Added(5) the following recitals are added:

RemovedArticle 2 – paragraph 1 – point 35 – point d, Article 81 – paragraph 5 a (new): 5a. In order to convert the amount of the claim resulting from an adjustment into the currency of the Member State of the requested party, the applicant party shall use the exchange rate used in its initial request.

Added"(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.

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Added(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,

RemovedArticle 2 – paragraph 1 – point 39, Article 85a – paragraph 1 – introductory part: 1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials and responsible office-holders authorised by the applicant party or by the European Labour Authority may, with a view to promoting mutual assistance provided for in this Section:

Added_____________

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Added* 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).";

RemovedArticle 2 – paragraph 1 – point 39, Article 85a – paragraph 1 – point b: b) be present during administrative enquiries carried out in the territory of the Member State of the requested party and/or the applicant party;

Added(6) in Article 1(2), the following points are inserted:

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Added“(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;

RemovedArticle 2 – paragraph 1 – point 39, Article 85a – paragraph 2: 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(b) may provide that officials or responsible office-holders of the Member State of the applicant party and, if necessary, by the European Labour Authority, may interview individuals and examine records.

Added(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;";

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Added(7) Article 2 is amended as follows:

RemovedArticle 2 – paragraph 1 – point 40 – point b, Article 87 – paragraph 6 – last sentence: However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence.

Added‘(a) the following paragraph is inserted:

RemovedIt 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.

Added‘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.’;

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Added(b) the following paragraphs are added:

RemovedArticle 2 – paragraph 1 – point 40 a (new), Article 89 – paragraph 1 a (new): 40a. In Article 89, the following paragraph is inserted: / ‘1a. The institutions of the competent authorities shall make available to citizens, upon request, a copy of their personal file, together with concise and tailored information on the rules determining the competent authorities and their rights and entitlements under the basic Regulation and under the implementing Regulation.’

Added‘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. ▌

RemovedArticle 3 – paragraph 1 a (new): Point 9a of Article 2 [inserting a new Article 15a into Regulation (EC) 987/2009] shall be applicable from ... [5 years after the date of entry into force of this Regulation - COD2016/0397].

Added6. 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.