Changes from plenary report to adopted text

RemovedEXPLANATORY STATEMENT

AddedAny 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.’;

RemovedThe 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.

Added(8) in Article 3, paragraph 3 is deleted;

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

Added(9) in Article 5, paragraphs 2, 3 and 4 are replaced by the following:

Removed(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.

Added‘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.

Removed(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.

Added3. 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.

Removed(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.

Added4. 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.

RemovedIt 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.

Added5. 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.

RemovedThe 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.

AddedIn 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.’;

RemovedThe 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.

Added(10) Article 14 is amended as follows:

RemovedThe 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.

Added(a) paragraph 1 is replaced by the following:

RemovedIn 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.

Added“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.”;

RemovedThe 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.

Added(b) the following paragraph is inserted:

RemovedFinally, 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.

Added‘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.’;

RemovedThe 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.

Added(c) paragraph 3 is replaced by the following: