Changes from plenary report to adopted text

RemovedArticle 1 – paragraph 1 – point 14, Article 13 – paragraph 4a: deleted / (deleted)

Added(14) Article 12 is replaced by the following:

RemovedRegulation (EC) No 883/2004

Added‘Article 12

RemovedArticle 1 – paragraph 1 – point 14 a (new), Article 15 a (new): 14a. The following article is inserted: / ‘Article 15a / Reporters of European media organisations posted to another Member State / Reporters of European media organisations posted to another Member State may choose between application of the legislation of the Member State in which they are employed, of the Member State of which they are nationals or of the Member State in which their principal employer is based.’

AddedSpecial rules

RemovedRegulation (EC) No 883/2004

Added1. 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 the anticipated duration of such work does not exceed 24 months and that the person is not replacing another employed person sent pursuant to this paragraph or a self-employed person as referred to in paragraph 2.

RemovedArticle 1 – paragraph 1 – point 14 b (new), Title III – chapter 1 – title: 14b. in Title III, Chapter 1, the title is replaced by the following: / “Sickness, long-term care, maternity and equivalent paternity benefits”

Added2. 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 the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another employed person sent pursuant to paragraph 1 or a self-employed person as referred to in this paragraph.

RemovedRegulation (EC) No 883/2004

Added3. Where an employed person as referred to in paragraph 1 or a self-employed person as referred to in paragraph 2 does not complete the work or activity in the other Member State and is replaced by another person, the other person shall continue to be subject to the legislation of the Member State from which he or she is sent or in which he or she normally pursues an activity as a self-employed person, provided that the total duration of work or activity by all persons concerned in the other Member State does not exceed 24 months and the other conditions laid down in paragraph 1 or 2 are fulfilled.";

RemovedArticle 1 – paragraph 1 – point 14 c (new), Article 19: 14c. Article 19 is replaced by the following: / “Article 19 / 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his or her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation. / 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the benefit.”

Added(15) in Article 13, paragraph 5 is replaced by the following:

RemovedRegulation (EC) No 883/2004

Added“4a. A person who is pursuing an employed or self-employed activity in one Member State while receiving unemployment benefits from another Member State shall be subject to the legislation of the Member State paying the unemployment benefits.

RemovedArticle 1 – paragraph 1 – point 9 – point 14 d (new), Article 20 – title: 14d. In Article 20, the title is replaced by the following: / “Travel with the purpose of receiving benefits in kind — Authorisation to receive appropriate treatment and long-term care outside the Member State of residence”

Added5. Persons referred to in paragraphs 1 to 4a shall be treated, for the purposes of the legislation determined in accordance with these provisions, as though they were pursuing all their activities as employed or self-employed persons and were receiving all their income in the Member State concerned.”;

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

RemovedArticle 1 – paragraph 1 – point 9 – point 14 e (new), Article 20 – paragraph 2: 14e. In Article 20, paragraph 2 is replaced by the following: / “2. An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving the treatment or long-term care appropriate to his or her condition shall receive the benefits in kind provided, on behalf of the competent institution, by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though he or she were insured under the said legislation. The authorisation shall be accorded where the treatment or long-term care in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he or she cannot be given such treatment within a time-limit which is medically justifiable, taking into account his or her current state of health and the probable course of his or her illness or within a reasonable time limit, taking into account his or her need, at the time, for long-term care and the probable development of that need.”

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

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Added(17) in Article 19, paragraph 1 is replaced by the following:

Change 9

ChangedArticle 1 – paragraph 1 – point 14 f (new), Article 25: 14f.‘1. ArticleUnless 25otherwise isprovided replacedfor bypursuant theto following:paragraph /2, Wherean theinsured person receiving a pension or pensions underand the legislationmembers of onehis or more Memberher Statesfamily residesstaying in a Member State under whoseother legislationthan the rightcompetent Member State shall be entitled to receivethe benefits in kind is notwhich subjectbecome tonecessary conditionson ofmedical insurance,grounds or ofdue activityto asthe anneed employedfor orlong-term self-employedcare person,during andtheir nostay, pensiontaking isinto receivedaccount fromthe thatnature Memberof State,the benefits and the costexpected length of benefitsthe instay. kindThose providedbenefits toshall him/herbe andprovided toon membersbehalf of his/her family shallthe becompetent borneinstitution by the Institution of oneinstitution of the Member States competent in respectState of his/her pensions determinedstay, in accordance with Article 24(2), to the extent that the pensioner and the membersprovisions of his/herthat familyMember wouldState’s belegislation, entitledas tothough benefitsthe ifperson theyconcerned residedwere ininsured thatunder Memberthat State.legislation.’;

Change 10

RemovedThe “such” could be interpreted in a way that a Member State refuses to reimburse LTC benefits in kind because there is no entitlement to such LTC benefits in kind under the legislation of that Member State. It seems that this is not the intention of this article.

Added(18) in Article 20, paragraph 1 is replaced by the following:

RemovedRegulation (EC) No 883/2004

Added‘1. Unless otherwise provided for by this Regulation, an insured person travelling to another Member State with the purpose of receiving, during the stay, benefits in kind as referred to in Article 1, point (va)(i), shall seek authorisation from the competent institution.’;

RemovedArticle 1 – paragraph 1 – point 14 g (new), Article 27 – title: 14g. In Article 27, the title is replaced by the following: / “Stay of the pensioner or the members of his family in a Member State other than the Member State in which they reside – Stay in the competent Member State –Authorisation for appropriate treatment or long-term care outside the Member State of residence”

Added(19) Article 30 is replaced by the following:

RemovedRegulation (EC) No 883/2004

Added‘Article 30

RemovedArticle 1 – paragraph 1 – point 14 h (new), Article 27 – paragraph 3: 14h. In Article 27, paragraph 3 is replaced by the following: / “3. Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his/her family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment or long-term care appropriate to their condition.”

AddedContributions by pensioners

RemovedRegulation (EC) No 883/2004

Added1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of that Member State.

RemovedArticle 1 – paragraph 1 – point 14 i (new), Article 28 – paragraph 1 – subparagraph 1: 14i. in Article 28(1), the first subparagraph is replaced by the following: / “A frontier worker who has retired because of old-age or invalidity is entitled in the event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment or long-term care which began in that Member State.

Added2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, those contributions shall not be payable by virtue of such residence.’;

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Added(20) in Article 32, the following paragraph is added:

RemovedArticle 1 – paragraph 1 – point 14 j (new), Article 28 – paragraph 2: 14j. In Article 28, paragraph 2 is replaced by the following: / “2. A pensioner who, in the ten years preceding the effective date of an old-age or invalidity pension has been pursuing an activity as an employed or self-employed person for at least two years as a frontier worker shall be entitled to benefits in kind in the Member State in which he/she pursued such an activity as a frontier worker, if this Member State and the Member State in which the competent institution responsible for the costs of the benefits in kind provided to the pensioner in his/her Member State of residence is situated have opted for this and are both listed in Annex V.”

Added"3. Where a member of the family has a derivative right to benefits under the legislation of more than one Member State, the following priority rules shall apply:

RemovedRegulation (EC) No 883/2004

Added(a) in the case of rights available on a different basis, the order of priority shall be as follows:

RemovedArticle 1 – paragraph 1 – point 14 k (new), Article 28 – paragraph 3: 14k. In Article 28, paragraph 3 is replaced by the following: / “3. Paragraph 2 shall apply mutatis mutandis to the members of the family of a former frontier worker or his/her survivors if, during the periods referred to in paragraph 2, they were entitled to benefits in kind under Article 18(2), even if the frontier worker died before his/her pension commenced, provided he/she had been pursuing an activity as an employed or self-employed person as a frontier worker for at least two years in the ten years preceding his/her death.”

Added(i) rights available on the basis of an activity as an employed or self-employed person of the insured person;

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Added(ii) rights available on the basis of the receipt of a pension by the insured person;

RemovedArticle 1 – paragraph 1 – point 14 l (new), Article 30: 14l. Article 30 is replaced by the following: / 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. / 2. Where in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence.

Added(iii) rights available on the basis of the residence of the insured person;

RemovedRegulation (EC) No 883/2004

Added(b) in the case of derivative rights available on the same basis, the order of priority shall be established by referring to the place of residence of the member of the family as a subsidiary criterion;

RemovedArticle 1 – paragraph 1 – point 15, Article 32 – paragraph 3 – point a – point i: (i) rights available on the basis of an activity as an employed or self-employed person of the insured person, including rights existing in the application of Article 11(2) or (3)(c);

Added(c) where it is impossible to establish the order of priority on the basis of point (a) or (b), the longest period of insurance of the insured person under a national pension scheme shall be applicable.";

RemovedThe Proposal does not contain any provisions relating to circumstances in which a parent receives benefits relating to incapacity for work (or maternity benefit, paternity benefit), parental benefit or unemployment benefit. It is important to make clear that, in accordance with Article 11(2), persons receiving cash benefits because of or as a result of their activity as an employed or self-employed person are considered to be pursuing said employment or activity. If therefore a parent receives instance benefits relating to incapacity for work or unemployment benefit because of or as a result of their employment, the resulting derivative right is not to be treated differently than any resulting directly from the employment.

Added(21) the following article is inserted:

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Added‘Article 33a

RemovedArticle 1 – paragraph 1 – point 15 a (new), Article 33 a (new): 15a. the following article is inserted: / “Article 33a / Long-term care benefits / “1. The Administrative Commission shall, after consulting the social partners, representative associations of beneficiaries and the professional bodies concerned, draw up a detailed list of long-term care benefits, specifying which benefits are in kind and which are in cash, and whether the benefit is provided to the person in need of care or to the person providing such care. / 2. Where a long-term care benefit falling under this Chapter also has the characteristics of benefits coordinated under another Chapter in Title III, Member States may, by way of derogation from paragraph 1, coordinate such benefits in accordance with the rules laid down in that other Chapter, specifying which Chapter applies, provided that: / (a) the outcome of such coordination is at least as favourable to the beneficiaries as it would have been had the benefit been coordinated as a long-term care benefit under this Chapter; and / (b) the long-term care benefit is listed in Annex XII.”