Changes from plenary report to adopted text

RemovedArticle 1 – paragraph 1 – point 4 a (new), Recital 20: 4a. Recital 20 is replaced by the following: / “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection.”

Added*** Judgment of the Court of Justice of 15 September 2015, Alimanovic, C-67/14, ECLI:EU:C:2015:597.

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Added**** Judgment of the Court of Justice of 25 February 2016, García-Nieto, C-299/14, CLI:EU:C:2016:114.

RemovedArticle 1 – paragraph 1 – point 5, Recital 24: "(24) In accordance with the case-law of the Court of Justice of the European Union, long-term care benefits for insured persons and members of their families should, in principle, continue to be coordinated following the rules applicable to sickness benefits. However, those rules should take into account the specific nature of long-term care benefits. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash."

Added***** Judgment of the Court of Justice of 14 June 2016, C-308/14, Commission v UK, ECLI:EU:C:2016:436.’;

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Added(3) recital 18b is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 6, Recital 35a: "(35a) Family benefits in cash which are primarily intended to replace or grant additional income not earned, whether in part or in full, or income that the person cannot earn, due to child-raising, can be distinguished from other family benefits intended to meet family expenses. As such benefits could be considered to be individual rights which are personal to the parent subject to the legislation of the competent Member State, it should be possible to reserve them exclusively to the parent concerned. Such individual benefits should be listed in Part I of Annex XIII to this Regulation. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of members of the family should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and provided that the benefits concerned are listed in Part II of Annex XIII."

Added“(18b) In Annex III, Subpart FTL to Commission Regulation (EU) No 965/2012* , the concept of ‘home base’ for flight crew and cabin crew members is defined as the location, assigned by the operator to the crew member, from where the crew member normally starts and ends a duty period or a series of duty periods and where, under normal circumstances, the operator is not responsible for the accommodation of the crew member concerned.

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RemovedArticle 1 – paragraph 1 – point 7, Recital 39a: “(39a) The relevant EU data protection acquis, in particular Regulation (EU) 679/2016 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)42 applies fully and without exception to the processing of personal data affected by this Regulation.”

Added* Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/965/oj).”;

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Added(4) recital 24 is replaced by the following:

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

Added‘(24) In line with the case-law of the Court of Justice, long-term care benefits for insured persons and members of their families should, in principle, continue to be coordinated in line with the rules applicable to sickness benefits. However, those rules should take into account the specific nature of long-term care benefits. It is also necessary to provide for specific provisions in the case of overlapping long-term care benefits in kind and in cash.

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Added(24a) Long-term care benefits refer only to benefits which have the primary purpose of addressing the care needs of a person who, on account of an impairment due, for example, to old age, disability or illness, requires considerable assistance from others to carry out essential activities of daily living for an extended period of time. Moreover, long-term care benefits refer only to benefits which can be considered to be social security benefits within the meaning of this Regulation. In line with the case-law of the Court of Justice, for example in Case C-433/13, Commission v Slovak Republic*, social security benefits are benefits granted without any individual and discretionary assessment of the personal needs of the beneficiaries, on the basis of a legally defined position. Long-term care benefits should therefore be interpreted accordingly. In particular, long-term care benefits should not include social or medical assistance. Benefits granted on a discretionary basis, after an individual assessment of the claimant's personal needs, are not considered to be long-term care benefits for the purposes of this Regulation.

RemovedArticle 1 – paragraph 1 – point 8, Recital 47: (47) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2), the respect for private and family life (Article 7), the protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the right to property (Article 17), the right to non-discrimination (Article 21), equality between men and women (Article 23), the rights of the child (Article 24), the rights of the elderly (Article 25), integration of persons with disabilities (Article 26), the right to family and professional life (Article 33); the right to social security and social assistance (Article 34), the right to health care (Article 35) and the right to freedom of movement and residence (Article 45), as well as the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, and has to be implemented in accordance with those rights and principles.

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Added* Judgment of the Court of 16 September 2015, Commission v Slovak Republic, C-433/13, ECLI:EU:C:2015:602.’;

RemovedArticle 1 – paragraph 1 – point 8, Recital 48 a (new): (48a) Nothing in this Regulation limits the independent rights and obligations recognised in the Council of Europe Social Charter, in particular the right to social security (Article 12), the right to social and medical assistance (Article 13), the right of migrant workers and their families to protection and assistance (Article 19), and the right to protection against poverty and social exclusion (Article 30). This Regulation should be implemented by the Member States concerned in accordance with those rights and obligations.

Added(5) the following recitals are inserted:

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Added‘(32a) It is for the Member States to decide whether to extend the period of six months provided for in Article 64(1), point (c), of this Regulation, in accordance with Union law, including the judgment of the Court of Justice in Case C-551/16, Klein Schiphorst*.

RemovedArticle 1 – paragraph 1 – point 8, Recital 48 b (new): (48b) The new provisions on unemployment benefit for cross-border workers could in some cases worsen the conditions for their return to the labour market. It is essential, therefore, to enhance administrative cooperation between the competent authorities responsible for supporting cross-border workers and for the regulatory framework to facilitate, for example, the steps to be completed in the Member State of residence, by clarifying the competence of the public employment service responsible for providing support to them, and for exchanges between the competent institution of the Member State of last activity and the job seeker to be conducted in the language of the latter.

Added(32b) Article 45 TFEU guarantees the freedom of movement for workers within the Union and prohibits any discrimination based on nationality between workers of the Member States as regards, inter alia, employment. Pursuant to Regulation (EU) No 492/2011 of the European Parliament and of the Council**, frontier workers, are also to enjoy such fundamental rights without discrimination. Article 5 of that Regulation provides that a national of a Member State who seeks employment in the territory of another Member State is to receive the same assistance there as that afforded by its employment offices to its own nationals seeking employment.

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Added(32c) Decision 573/2014/EU of the European Parliament and of the Council*** establishes a Union-wide network of Public Employment Services (PES) aiming to encourage cooperation between Member States in the field of employment within the areas of PES responsibility, including by supporting increased voluntary geographical and occupational mobility on a fair basis to meet specific labour market needs.

RemovedArticle 1 – paragraph 1 – point 8, Recital 48 c (new): (48c) Member States may provide for the introduction of differential supplements to bridge the gap between unemployment benefits paid by the Member State of last activity and the Member State of residence.

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Added* Judgment of the Court of 21 March 2018, J. Klein Schiphorst, C-551/16, ECLI:EU:C:2018:200.

RemovedArticle 1 – paragraph 1 – point 8, Recital 48 d (new): (48d) Nothing in this Regulation limits the independent rights and obligations recognised in the Council of Europe Convention on Social and Medical Assistance in the Member States concerned.

Added** Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1, ELI: http://data.europa.eu/eli/reg/2011/492/oj).

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Added*** Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32, ELI: http://data.europa.eu/eli/dec/2014/573(2)/oj)’;

RemovedArticle 1 – paragraph 1 – point 8, Recital 48 e (new): (48e) It is also important to strengthen cooperation between the competent authorities and to clarify the regulatory framework applicable in order to ensure that Member States – of last activity, of previous activity and/or of residence – do not declare themselves not to be competent to pay unemployment benefits, to the detriment of insured persons.

Added(6) the following recitals are inserted:

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Added‘(35a) For the purpose of calculating the differential supplement, this Regulation takes into account the judgment of the Court of Justice in Case C-347/12, Wiering*, while providing for necessary clarifications and simplifications. Taking into account the particular nature of the various family benefits of the Member States, two categories of family benefits should be distinguished on the basis of their main purpose, their objectives and the basis on which they are granted.

RemovedArticle 1 – paragraph 1 – point 9 – point a, Article 1 – point c: deleted

Added(35b) Family benefits in cash that are primarily intended to replace income not earned, in whole or in part, or income that the person cannot earn, due to child-raising, can be distinguished from other family benefits intended to meet family expenses. Because such benefits could be considered to be individual rights which are personal to the parent subject to the legislation of the competent Member State, it should be possible to reserve them exclusively to the parent concerned. Such individual benefits are listed in Annex XIII, Part I, to this Regulation. The Member State with secondary competence should be able not to apply the rules of priority in the case of overlapping rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of members of the family to such benefits. Where a Member State does not apply the priority rules, it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Annex XIII, Part II.

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Added(35c) This Regulation takes account of Council Regulation No 4/2009** where relevant.

RemovedArticle 1 – paragraph 1 – point 9 – point a a (new), Article 1 – point c: (aa) Point (c) is replaced by the following: / “(c) ‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits, for at least one of the risks covered by the Chapter which is to be applied, taking into account the provisions of this Regulation.”

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Added* Judgment of the Court of Justice of 13 June 2014, Wiering, C-347/12, ECLI:EU:C:2014:300.

RemovedArticle 1 – paragraph 1 – point 9 – point b, Article 1 – point i – point 1 – point ii: deleted

Added** Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/4(1)/oj).’;

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Added(7) the following recital is inserted:

RemovedArticle 1 – paragraph 1 – point 9 – point b a (new), Article 1 – point i – point 1 – point ii: (ba) In point (i)(1), point (ii) is replaced by the following: / (ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits, any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;

Added"(39a) The relevant Union data protection acquis, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council*, applies to the processing of personal data pursuant to this Regulation.

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