Changes from plenary report to adopted text

RemovedArticle 1 – paragraph 1 – point 9 – point c, Article 1 – point va – point i: deleted

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).";

RemovedRegulation (EC) No 883/2004

Added(8) the following recitals are inserted:

RemovedArticle 1 – paragraph 1 – point 9 – point c a (new), Article 1 – point va – point i: (ca) In point (va), point (i) is replaced by the following: / (i) for the purposes of Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits), benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care. This also includes long-term care benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of long-term care.

Added‘(40a) In accordance with the principles laid down in Article 6 of Regulation (EU) 2018/1724 of the European Parliament and of the Council*, Member States are to ensure that employers or the persons concerned can, subject to the establishment of the relevant procedures, access and complete a request for the determination of applicable social security legislation fully online. A fully online procedure includes an automatic acknowledgement of receipt, unless the output of the procedure is delivered immediately. The procedure should be user friendly. This Regulation requires Member States to progressively enhance their use of new technologies for the exchange of, access to and processing of the data required to apply the social security coordination rules. Those rules include the procedures referred to in Articles 15, 16 and 19 of Regulation (EC) No 987/2009.

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Added(40b) In light of the objective of the social security coordination legislation in the Union, while Member States have a responsibility to uphold obligations arising from Union law in the areas covered by this Regulation and by Regulation (EC) No 987/2009, potential measures against infringements of those obligations should not impede the exercise of free movement within the Union. In particular, measures to address a failure to comply with the obligations specified in Article 15(1) of Regulation (EC) No 987/2009, which require the notification to the competent institution of the Member State whose legislation is applicable before the start of an activity in another Member State and the request for the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009, are not to result in unjustified and disproportionate restrictions of the exercise of free movement by the persons concerned. Failure to comply with those obligations does not automatically result in a change of the applicable national legislation, which should be determined in accordance with Title II of this Regulation. Furthermore, those obligations should be interpreted and enforced consistently with the established case-law of the Court of Justice concerning the attestation on the applicable legislation, which is usually issued by means of a certificate known as Portable Document A1 (PDA1), and its predecessor, the E-101 certificate.

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

Added(40c) To ensure that social security coordination rules remain fit for purpose, it is important to take into account the technological progress and benefits of digitalisation, in particular in streamlining and simplifying the exchange of information between the competent institutions. Technological advances in social security coordination, such as a fully implemented and operational European Electronic Exchange of Social Security Information system, can contribute to simplifying the process and the compliance with Article 15 of Regulation (EC) No 987/2009. Digitalising the process of requesting and receiving social security attestations, including that regarding the applicable legislation, will be another important step towards a solution that enables the real-time verification of those attestations across borders, allowing for swift confirmation of their validity. The Commission and Member States are closely collaborating to advance the digitalisation of such interactions between individuals and public bodies, such as through the European Social Security Pass initiative. European Digital Identity Wallets, established by Regulation (EU) 2024/1183 of the European Parliament and of the Council**, have the potential to become a digital system facilitating user-friendly and secure identification and verification across borders.

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Added(40d) Member States should continue investing in the digitalisation of their social security systems, as appropriate, inter alia with a view to ensuring a seamless digital experience for mobile citizens and businesses. To that end, they could use available Union funding instruments. Where applicable, such funding could be leveraged to support relevant reforms at national level that are necessary to promote the proper enforcement of this Regulation and of Regulation (EC) No 987/2009,and to combat fraud and error, including by improving data collection and reporting.

RemovedArticle 1 – paragraph 1 – point 9 – point d, Article 1 – point vb a (new): (vba) ‘continuation of treatment’ means the continued investigation, diagnosis and treatment of an illness for its entire duration;

Added(40e) The purpose of the European Labour Authority (ELA) is, inter alia, to assist Member States and the Commission in the effective application and enforcement of Union law related to labour mobility across the Union and the coordination of social security systems within the Union, thereby contributing within its mandate to ensuring fair labour mobility across the Union. Pursuant to Regulation (EU) 2019/1149 of the European Parliament and of the Council***, the ELA facilitates and enhances cooperation between Member States, including by facilitating concerted and joint inspections, which could also concern compliance with the notification obligation and the detection of abuses with regard to exemptions from that obligation, and by facilitating the cooperation and acceleration of the exchange of information between Member States. The ELA promotes the potential use of electronic exchange mechanisms and databases between the Member States, to facilitate access to data in real time and to detect fraud, and may suggest possible improvements in the use of those mechanisms and databases.

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Added________

RemovedArticle 1 – paragraph 1 – point 9 – point d, Article 1 – point vb b (new): (vbb) "continuation of long-term care" means the continued granting of long-term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date.”

Added* Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1), ELI: http://data.europa.eu/eli/reg/2018/1724/oj).

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Added** Regulation (EU) 2024/1183 of the European Parliament and of the Council of 11 April 2024 amending Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1183/oj).

RemovedArticle 1 – paragraph 1 – point 9 a (new), Article 3 – paragraph 1 – point a: 9a. in Article 3(1), point (a) is replaced by the following: / (a) sickness and long-term care benefits;

Added*** Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj).’;

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Added(9) the following recital is added:

RemovedArticle 1 – paragraph 1 – point 10, Article 3 – paragraph 1 – point ba: deleted / (deleted)

Added‘(46) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and is to be implemented in accordance with those rights and principles,’;

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Added(10) Article 1 is amended as follows:

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

Added(a) in point (i)(1), point (ii) is replaced by the following:

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Added‘(ii) with regard to benefits in kind pursuant to Title III, Chapter 1, 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 or she resides;’;

RemovedArticle 1 – paragraph 1 – point 12 – point a, Article 11 – paragraph 2: deleted

Added(b) in point (va), point (i) is replaced by the following:

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Added‘(i) for the purposes of Title III, Chapter 1, with regard to sickness, maternity and equivalent paternity benefits, benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care;

RemovedArticle 1 – paragraph 1 – point 12 – point a a (new), Article 11 – paragraph 2: (aa) Paragraph 2 is replaced by the following: / ‘2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalidity, old-age or survivors’ pensions, to pensions in respect of accidents at work or occupational diseases, to sickness benefits in cash covering treatment for an unlimited period, or to long-term care benefits in cash to which a person in need of care is entitled.’

Added(ia) for the purposes of Title III, Chapter 1, with regard to long-term care benefits, benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of long-term care as referred to in point (vb) of this Article;’;

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Added(c) the following point is inserted:

RemovedArticle 1 – paragraph 1 – point 12 – point a b (new), Article 11 – paragraph 3 – point c: (ab) In paragraph 3, point (c) is replaced by the following: / “(c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence or of the Member State of his or her most recent activity as an employed or self-employed person shall be subject to the legislation of that Member State;”

Added‘(vb) 'long-term care benefits' means benefits in kind or in cash, the purpose of which is to address the care needs of a person who, on account of ▌ an impairment, requires considerable assistance from another person or persons to carry out essential ▌ activities of daily living for an extended period of time in order to support his or her personal autonomy, including benefits granted ▌ for the same purpose to the person providing such assistance;’;

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Added(11) in Article 3(1), point (a) is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 12 – point a c (new), Article 11 – paragraph 4: (ac) Paragraph 4 is replaced by the following: / ‘4. For the purposes of this Title, an activity as an employed or self-employed person normally pursued on board a vessel at sea flying the flag of a Member State shall be deemed to be an activity pursued in the said Member State. However, a person employed on board a vessel flying the flag of a Member State and remunerated for such activity by an employer whose registered office is in another Member State shall be subject to the legislation of the latter Member State if he resides in that State.’

Added‘(a) sickness and long-term care benefits;’;

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Added(12) in Article 9, paragraph 1 is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 12 – point b, Article 11 – paragraph 5: 5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued in the Member State where the home base, as defined in Annex III to 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 the Council as amended by Commission Regulation (EU) No 83/2014/EU of 29 January 201445, is located."

Added‘1. The Member States shall notify the Commission in writing of the declarations made in accordance with Article 1, point (l), the legislation and schemes referred to in Article 3, the conventions entered into as referred to in Article 8(2), the minimum benefits referred to in Article 58, as well as any substantive amendments thereto. Such notifications shall indicate the date from which this Regulation will apply to the schemes specified by the Member States.’;

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Added(13) Article 11 is amended as follows:

RemovedArticle 1 – paragraph 1 – point 13, Article 12: 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 sent 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 18 months; / (b) the person concerned is subject to the legislation of the Member State where the employer is established for a period of at least three months immediately preceding the start of the work as an employed person; / (c) the competent institution of the Member State where the employer is established has been notified about the sending and received at request prior to the commencement of the work for the continued application of its legislation, prior to the performance of the work. No such formal request need to be made where the work concerns a business trip. / 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 18 months, / (b) the person concerned has been subject to the legislation of the Member State in which he or she normally pursues the activity for a period of at least three months immediately pre…

Added(a) paragraph 2 is replaced by the following:

RemovedRegulation (EC) No 883/2004

Added‘2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing that activity. This shall not apply to invalidity, old-age or survivors' pensions, to pensions in respect of accidents at work or occupational diseases, or to long-term care benefits in cash provided to the person in need of care.’;

RemovedArticle 1 – paragraph 1 – point 13 a (new), Article 13 – paragraph 1: 13a. in Article 13, paragraph 1 is replaced by the following: / “1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject to: / (a) the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State, / (b) the legislation of the Member State in which he/she performs the largest share of his/her work activities, if he/she does not reside in one of the Member States in which he/she pursues a substantial part of his/her activity as an employed person; or / (ba) the legislation of the Member State of residence if the share of activities is identical. / (deleted) / (deleted) / (deleted) / (deleted)

Added(b) paragraph 5 is replaced by the following:

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Added"5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued ▌ in the Member State where the home base, as defined in Annex III, Subpart FTL, to Regulation (EU) No 965/2012 , is located.”;