Changes from plenary report to adopted text

RemovedArticle 1 – paragraph 1 – point 8, Recital 46: deleted / (deleted)

Added‘2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. The attestation shall be issued in a standardised format.’

RemovedRegulation (EC) No 883/2004

Added(b) the following paragraph is added:

RemovedArticle 1 – paragraph 1 – point 9 – point d, Article 1 – paragraph 1 – point vb: (vb) “long-term care benefit” means any benefit in kind, cash or a combination of both for persons who, over an extended period of time, on account of old-age, disability, illness or impairment, require assistance from another person or persons to carry out essential daily activities, including to support their personal autonomy; this includes benefits granted to or for the person providing such assistance;”

Added“3. Whenever an institution is asked to issue an attestation pursuant to paragraph 2, it shall carry out a proper assessment of the facts relevant for the application of the rules laid down in Title II of the basic Regulation and shall confirm that the information contained in the attestation is ▌ correct.’;

RemovedRegulation (EC) No 883/2004

Added(14) the following article is inserted:

RemovedArticle 1 – paragraph 1 – point 11, Article 4 – paragraph 2: deleted / (deleted)

Added‘Article 19a

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AddedCooperation in the case of doubt about the validity of documents concerning the applicable legislation

RemovedArticle 1 – paragraph 1 – point 13, Article 12 – paragraph 1: 1. 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 posted by that employer to another Member State to perform work on that employer's behalf shall continue to be subject to the legislation of the first Member State, provided that: / (a) the anticipated or actual duration of such work does not exceed six months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article; and / (b) for a period of at least six months immediately preceding the start of the activity as an employed person, the person concerned is already subject to the legislation of the Member State in which his or her employer is established. / (deleted)

Added1. Notwithstanding Article 5, where there is doubt about the validity of a document showing the situation of a person for the purposes of the applicable legislation 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 requesting institution shall substantiate its request and provide the relevant supporting documentation that gave rise to the request.

RemovedThe average duration of a posting is less than four month according to the Commission. Therefore, it is reasonable that after six month the law of the country of employment should apply in terms of social security coverage.

Added2. When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, where an error is detected, withdraw or rectify it within 30 working days of receipt of the request. The withdrawal or rectification shall have retroactive effect. However, where there is a risk of a disproportionate outcome, and in particular, of the loss of status as an insured person for the whole or part of the relevant period in all Member States concerned, the Member States shall consider whether to apply Article 16 of the basic Regulation. Where the issuing institution considers that, on the basis of the available evidence, there is no doubt that the applicant of the document has committed fraud, it shall withdraw or rectify the document without delay, with retroactive effect.

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Added3. If the issuing institution, having reconsidered the grounds for issuing the document, is unable to detect any error, it shall forward to the requesting institution all available evidence within 30 working days of receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated and substantiated in the request, the evidence shall be forwarded within ten working days of receipt of the request, including where the issuing institution has not completed its deliberations pursuant to paragraph 2.

RemovedArticle 1 – paragraph 1 – point 13, Article 12 – paragraph 2: 2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that: / (a) the anticipated or actual duration of such activity does not exceed six months and that the person is not replacing another posted employed or self-employed person, and / (b) for a period of at least six months immediately preceding the start of the activity, the person concerned has already been subject to the legislation of the Member State in which he or she normally pursues his or her activity.

Added4. Where the requesting institution, after receiving the available evidence, continues to have doubts regarding the validity of a document, the accuracy of the facts on which the particulars contained therein are based, or the accuracy of the information upon which the document was issued, it may submit evidence to that effect and make a further request for clarification and, where appropriate, for the withdrawal or rectification of that document by the issuing institution in accordance with the procedure and timeframes set out in this Article.

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Added5. If the doubts of the receiving institution persist and no agreement between the institutions concerned is reached, Article 5(5) shall apply.’;

RemovedArticle 1 – paragraph 1 – point 13, Article 12 – paragraph 2 a (new): 2a. Member States shall ensure that economically inactive mobile citizens and job seekers can access comprehensive sickness insurance cover in the host Member State by allowing such citizens to contribute in a proportionate manner to a sickness insurance or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.

Added(15) in Article 20, the following paragraphs are added:

RemovedComprehensive sickness insurance is a fundamental right. Inactive mobile citizens should have the possibility to obtain sickness insurance also in their Member State of residence. Member States should be able to rely on binding guidelines when making their sickness insurance system accessible for inactive mobile EU citizens.

Added‘3. For the purpose of the application of Title II of the basic Regulation, the institutions of the Member States shall, without prejudice to Article 19a of the implementing Regulation, respond to queries received from the institutions of the other Member States within 35 working days of receipt of the request.

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Added4. Where a person pursues an activity as an employed or a self-employed person in another Member State without an attestation as referred to in Article 19(2) of the implementing Regulation, unless no attestation is required pursuant to Article 15 of the implementing Regulation, the relevant institution in that other Member State may request information concerning the legislation applicable to that person from the institution of the Member State whose legislation is prima facie applicable.

RemovedArticle 1 – paragraph 1 – point 17, Article 35a – paragraph 2: 2. The Administrative Commission, after properly consulting the social partners concerned as well as representative associations of beneficiaries, including disability organisations, and all relevant stakeholders, shall draw up an exhaustive and detailed list of long-term care benefits which meet the criteria contained in Article 1 (vb) of this Regulation, specifying which benefits are in kind and which are benefits in cash.

AddedIf the requested institution does not reply within 35 working days of receipt of the request, the requesting institution may proceed as if no attestation had been issued and shall inform the requested institution accordingly. If the attestation is subsequently issued by the requested institution, that attestation shall, where appropriate, have retroactive effect.’;

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Added(16) in Title III, the title of Chapter 1is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 17, Article 35a – paragraph 2 a (new): 2a. The Administrative Commission shall ensure the swift implementation of the European Disability Card in all Member States, and shall promote the adoption of a common disability definition and criteria for the purpose of this Regulation and of the Implementing Regulation.

Added"Sickness, long-term care, maternity and equivalent paternity benefits";

RemovedRegulation (EC) No 883/2004

Added(17) Article 25 is amended as follows:

RemovedArticle 1 – paragraph 1 – point 18 a (new), Article 52 – paragraph 1 a (new): 18 a. In Article 52, the following paragraph is inserted: / “1a. The competent institutions shall calculate and award the benefit due within three months of submission of a request for an award.”

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

RemovedRegulation (EC) No 883/2004

Added‘1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his or her entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one.’;

RemovedArticle 1 – paragraph 1 – point 19, Article 61 – paragraph 1: 1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least one month of insurance, employment, or self-employment in accordance with the legislation under which the benefits are claimed.

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

RemovedRegulation (EC) No 883/2004

Added‘3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment or long-term care benefits’;

RemovedArticle 1 – paragraph 1 – point 19, Article 61 – paragraph 2: 2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, employment or self-employment in that Member State is less than one month that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a.

Added(18) in Article 26, paragraph 4 is replaced by the following:

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Added‘4. At any time during the procedure granting the authorisation, the competent institution shall retain the right to have the insured person examined by a doctor or a qualified person, in accordance with national law or practice, of its own choice in the Member State of residence or stay.’;

RemovedArticle 1 – paragraph 1 – point 20 – point a, Article 64 – paragraph 1 – point c: (a) In paragraph 1, point (c) is replaced by the following: / “(c) entitlement to unemployment benefits shall be maintained until their expiry;”

Added(19) in Article 31, paragraph 2 is replaced by the following:

RemovedRegulation (EC) No 883/2004

Added‘2. The competent institution shall also inform the institution of the place of residence or stay about the payment of long-term care benefits in cash where the legislation applied by the latter institution provides for the long-term care benefits in kind included in the list referred to in Article 33a(1) of the basic Regulation.’;

RemovedArticle 1 – paragraph 1 – point 20 – point a a (new), Article 64 – paragraph 2: (a a) Paragraph 2 is deleted;

Added(20) in Article 32, paragraph 1 is replaced by the following:

Removed(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0883&from=EN)

Added‘1. Where 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 that 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.’;

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Added(21) ▌ in Article 43, paragraph 3 is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 20 – point b, Article 64 – paragraph 3: (b) Paragraph 3 is deleted

Added‘3. The institution of each Member State shall calculate, under its applicable legislation, the amounts due that correspond to periods of voluntary or optional continued insurance which, under Article 53(3), point (c), of the basic Regulation, are not subject to another Member State’s rules relating to withdrawal, reduction or suspension.’;