Changes from plenary report to adopted text

Added(26) Article 64 is amended as follows:

RemovedRegulation (EC) No 883/2004

Added(a) in paragraph 1, point (c) is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 25 a (new), Article 79: 25a. Article 79 is replaced by the following: / “Article 79 / In connection with this Regulation and the implementing Regulation, the European Commission may fund in full or in part: / (a) activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data, such as an electronic social security networking system; / (b) any other activity aimed at providing information to the persons covered by this Regulation and their representatives about the rights and obligations deriving from this Regulation, using the most appropriate means, such as a European social security number.”

Added‘(c) the unemployed person shall retain his or her entitlement to benefits for a period of six months from the date on which the unemployed person ceased to be available to the employment services of the Member State which he or she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his or her entitlement to benefits under the legislation of that Member State; the competent services or institutions may extend the period of six months until the end of the period of that person's entitlement to benefits;’;

RemovedRegulation (EC) No 883/2004

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

RemovedArticle 1 – paragraph 1 – point 27, Article -88 (new): 26a. The following article is inserted: / “Article -88 / Issuing and withdrawing portable documents certifying the social security legislation applicable / The Commission shall, by [...], adopt delegated acts in accordance with Article 88a, supplementing Articles 12 and 13 of this Regulation and Articles 14, 15 and 16 of the implementing Regulation, by establishing a standard procedure concerning: / (a) the determination of situations in which portable documents certifying the social security legislation which applies to the holder , as referred to in the first indent of Article 76a, is to be issued, rectified or withdrawn; and / (b) the withdrawal of such document when their accuracy or validity is contested for justified reasons by the competent institution of the Member State of employment.”

Added‘3. Unless the legislation of the competent Member State is more favourable, between two periods of employment the maximum total period for which an unemployed person shall retain his or her entitlement to benefits under paragraph 1 of this Article and Article 64a shall be six months; the competent services or institutions may extend that period until the end of the period of that person's entitlement to benefits.’;

RemovedRegulation (EC) No 883/2004

Added(27) the following article is inserted:

RemovedArticle 1 – paragraph 1 – point 27, Article 88a: 2. The power to adopt delegated acts referred to in Articles -88 and 88 shall be conferred on the Commission for a period of five years from ... [the date of entry into force of Regulation (EU) xxxx - COD 2016/397]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. / 3. The delegation of the power referred to in Articles -88 and 88 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 6. A delegated act adopted pursuant to Articles -88 and 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiring of that period, the European Parliament and the Council have both informed the European Commission that they will not object. That period shall be exte…

Added“Article 64a

RemovedRegulation (EC) No 883/2004

AddedSpecial rules for unemployed persons who move to another Member State without fulfilling the conditions laid down in Article 61(1) and Article 64

RemovedAnnex I – point 7, Annex XII – title: LONG-TERM CARE BENEFITS IN CASH PROVIDED IN DEROGATION FROM ARTICLE 33A(1) OF CHAPTER 1

Added1. In the situation referred to in Article 61(2), the Member State that becomes competent shall provide unemployment benefits, in accordance with its legislation, for the period laid down in Article 64(1), point (c), if the unemployed person makes him or herself available to the employment services in the Member State of the most recent period of insurance, employment or self-employment and complies with the conditions laid down under the legislation of that Member State. Registration with the employment services of the Member State of the most recent period of insurance, employment or self-employment shall have the same effect as registration with the employment services of the competent Member State. Article 64(2) to (4) shall apply mutatis mutandis.

RemovedRegulation (EC) No 987/2009

Added2. If the unemployed person referred to in paragraph 1 wishes to seek work in a Member State other than the Member State competent for unemployment benefits or the Member State of the most recent period of insurance, employment or self-employment, Article 64 shall apply mutatis mutandis. For those purposes, Article 64(1), point (a), shall be read as referring to the employment services of the Member State of the most recent period of insurance, employment or self-employment.”;

RemovedArticle 2 – paragraph 1 – point -1 (new), Recital 13: -1. Recital 13 is replaced by the following: / "(13) This Regulation provides for measures and procedures to promote the mobility of employees and unemployed persons. Frontier workers who have become wholly unemployed may make themselves available to the employment services in both their country of residence and the Member State where they were last employed. "

Added(28) Article 65 is replaced by the following:

RemovedRegulation (EC) No 987/2009

Added"Article 65

RemovedArticle 2 – paragraph 1 – point 3, Recital 26: (26) In order to protect the rights of the persons concerned Member States should ensure that any data requests and responses are necessary and proportionate for the proper implementation of Regulation (EC) No 883/2004 and this Regulation, in accordance with European Data Protection legislation. The relevant Union data protection acquis, in particular Regulation (EU) 679/2016 of the European Parliament and of the Council1a shall apply to the processing of personal data pursuant to this Regulation. There should be no automatic removal of benefit entitlement resulting from the data exchange, and any decision taken on the basis of the data exchange should respect the fundamental rights and freedoms of the individual concerned in that it is based on sufficient evidence and is subject to a fair appeal procedure. / 1a Regulation (EU) 679/2016 of the European Parliament and of the Council 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).

AddedUnemployed persons who resided in a Member State other than the competent Member State

RemovedIn line with the comments of the European Data Protection Supervisor on a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004.

Added1. A person who is wholly, partially or intermittently unemployed and who, during his or her last activity as an employed or self-employed person resided in a Member State other than the competent Member State, shall make him or herself available ▌ to the employment services in the competent Member State, or, in the case of partially or intermittently unemployed persons, where applicable, to the employer to whom he or she remains available.

RemovedRegulation (EC) No 987/2009

AddedSuch a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State and shall be subject to the rights and obligations laid down by that legislation. Those benefits shall be provided by the institution of the competent Member State.

RemovedArticle 2 – paragraph 1 – point 4, Article 1 – paragraph 2 – point ea: “(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the law of a Member State in accordance with the basic Regulation and the implementing Regulation;”

Added2. By way of derogation from paragraph 1, a wholly unemployed person ▌ shall make him or herself available to the employment services in the Member State of residence ▌ provided that:

RemovedRegulation (EC) No 987/2009

Added(a) during his or her last activity as an employed or self-employed person, that person resided in a Member State other than the competent Member State;

RemovedArticle 2 – paragraph 1 – point 5, Article 2 – paragraph 5: 5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to provide personal data about that person, in accordance with Regulation (EU) 2016/679. The request and any response shall be limited to information which enables the competent Member State to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case. The request for information and any response must be reasoned, necessary and proportionate.

Added(b) that person continues to reside in, or has returned to, the Member State of residence; and

RemovedIn line with the comments of the European Data Protection Supervisor on a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004.

Added(c) that person did not complete an uninterrupted period of insurance, employment or self-employment of 22 weeks exclusively under the legislation of the competent Member State.

RemovedRegulation (EC) No 987/2009

AddedThe wholly unemployed person referred to in the first subparagraph shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance, employment or self-employment under the legislation of that Member State. Such benefits shall be provided by the institution of the Member State of residence.

RemovedArticle 2 – paragraph 1 – point 5, Article 2 – paragraph 6: 6. The Administrative Commission shall draw up a detailed list of the types of data requests and responses which can be made under paragraph 5, identify which entities are to be entitled to make such requests and establish the applicable procedures and safeguards. The Commission shall give such list the necessary publicity. Only data requests and responses which are listed shall be permitted.

AddedA wholly unemployed person referred to in this paragraph who would be entitled to unemployment benefits solely under the national legislation of the competent Member State without the application of Article 6 of this Regulation may, alternatively, make him or herself available to the employment services in that Member State and shall receive benefits in accordance with the legislation of that Member State as if he or she were residing there.

RemovedIn line with the comments of the European Data Protection Supervisor on a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004.

Added3. Paragraph 2 of this Article shall not apply to a wholly unemployed person who, during his or her most recent activity before becoming unemployed, completed periods of insurance as a self-employed person or periods of self-employment recognised for the purpose of entitlement to unemployment benefits in a Member State other than his or her Member State of residence, and whose Member State of residence has submitted a notification, pursuant to Article 9, stating that no category of self-employed persons is covered by an unemployment benefits system of that Member State.

RemovedRegulation (EC) No 987/2009

Added4. If a wholly unemployed person as referred to in paragraph 1, paragraph 2, third subparagraph, or paragraph 3, of this Article does not wish to become or remain available to the employment services of the competent Member State after having been registered there and decides to seek work in the Member State of residence, Article 64, with the exception of paragraph 1, point (a), thereof, shall apply mutatis mutandis.

Change 11

ChangedArticle 2 –5. paragraphWhere 1a –wholly pointunemployed 7,person Articlereferred 5to –in paragraph 1:4 1.decides Documentsto issuedseek bywork in the institutionMember State of aresidence Memberand Statehe andor showingshe thepreviously positioncompleted periods of ainsurance, personemployment foror self-employment under the purposeslegislation of that Member State, aggregated with periods completed in the applicationMember State of the basiclast Regulationactivity and other Member States of theother implementingprevious Regulation,activities, andhe supportingor evidenceshe onmay, after the basisend of which the documentsperiod haveduring beenwhich issued,he shallor beshe acceptedreceives byunemployment benefits from the institutionsinstitution of the othercompetent Member StatesState providedpursuant thatto theyparagraph have4, notclaim beenunemployment withdrawnbenefits under the legislation of the Member State of residence, as if he or declaredshe tohad becompleted invalidall byperiods in that Member State. The competent institution of the Member State of residence shall provide unemployment benefits in accordance with the legislation of that Member State. The period during which theythe wereunemployed issued.person Suchreceived documentsbenefits shallunder onlythe legislation of the competent Member State shall be validdeducted iffrom allthe sectionscorresponding indicatedperiod asof compulsoryentitlement areto filledbenefits in.under the legislation of the Member State of residence.

Change 12

RemovedRegulation (EC) No 987/2009

Added6. A wholly unemployed person referred to in this Article may make him or herself available to the employment services of the competent Member State or the Member State of residence, in addition to making him or herself available to the employment services of the ▌ Member State providing the benefits under paragraph 1 or 2.’;

RemovedArticle 2 – paragraph 1 – point 7, Article 5 – paragraph 2: b) 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 supporting evidence within 25 working days from the receipt of the request. In cases which are urgent for the purpose of protecting the rights of the person concerned, this shall be done within two working days from the receipt of the request, notwithstanding that the issuing institution may not have completed its deliberations pursuant to subparagraph (a) above. / c) Where the requesting institution having received the supporting evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based that the information upon which the document was issued is not correct, it shall submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal of that document by the issuing institution in accordance within the procedure and timeframes set out above. / ca) Where the issuing institution fails to reply within the applicable time-limit referred to in point (b) and where there is doubt about the validity of a portable document certifying the social security legislation applicable to the holder or the accuracy of the facts on which they are based, the requesting institution shall inform the issuing institution of this situation and may request that a deposit equal to the contributions that t…

Added(29) Article 65a is deleted;

RemovedRegulation (EC) No 987/2009

Added(30) Article 68 is amended as follows:

RemovedArticle 2 – paragraph 1 – point 7 a (new), Article 5 – paragraph 4: 7a. In Article 5, paragraph 4 is replaced by the following: / 4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities. The Administrative Commission shall reconcile the points of view within three months of the date on which the matter was brought before it. The competent authorities and institutions concerned shall take the necessary measures to apply the decision of the Administrative Commission, without prejudice to the right of the authorities, institutions and persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States, by this Regulation or by the Treaties.

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

RemovedRegulation (EC) No 987/2009

Added‘2. In the case of overlapping entitlements, family benefits shall be provided in accordance with the legislation designated as having priority in accordance with paragraph 1. Entitlements to family benefits by virtue of conflicting legislation shall be suspended up to the amount provided for by the first legislation for benefits of the same kind and a differential supplement shall be provided, if necessary, for the sum which exceeds that amount. However, there is no requirement to provide such a differential supplement with regard to children residing in another Member State when entitlement to the benefits in question is based on residence only.

RemovedArticle 2 – paragraph 1 – point 7 b (new), Article 5 – paragraph 4 a (new): 7b. In Article 5, the following paragraph 4a is added: / “4a. Notwithstanding paragraphs 1 to 4, where a requesting institution has acquired evidence, collected in the course of a judicial investigation that constitutes evidence that a document certifying the social security legislation which applies to the holder or the accuracy of the facts on which they are based was obtained as a result of a fraud, it shall request the issuing institution to withdraw or rectify that document within 25 working days from receipt of the request. The issuing institution shall withdraw or rectify the document with retroactive effect. If the issuing institution fails to withdraw or rectify the document concerned within in accordance with the first subparagraph, the requesting institution may apply to a national court to decide whether the document concerned may be disregarded on the basis of fraud.”

Added2a. For the purpose of calculating the differential supplement for family benefits under paragraph 2, there shall be two categories of benefits of the same kind:

RemovedThe corresponding recital proposed by the Commission, recital 15 which reads “With a view to expediting ... within a reasonable period of time”, was voted by the EMPL committee as a compromise.

Added(a) 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; and