Changes from report parliamentary committee draft to plenary report

AddedRegulation (EC) No 883/2004

AddedArticle 1 – paragraph 1 – point 23 a (new), Article 71 – paragraph 1: 23 a. In Article 71, paragraph 1 is replaced by the following: / 1. The Administrative Commission for the Coordination of Social Security Systems (hereinafter called "the Administrative Commission") attached to the European Commission shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the European Commission, a representative of the European Parliament and, where appropriate, representatives of the social partners as well as beneficiaries, including representatives of disability organisations shall attend the meetings of the Administrative Commission in an advisory capacity.

Added(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883-20140101&from=EN)

AddedRegulation (EC) No 883/2004

AddedArticle 1 – paragraph 1 – point 25, Article 76 a – paragraph 1 – indent 4: – the withdrawal of the document: / – when its accuracy and validity is contested by the competent institution of the Member State of employment; / – when the issuing institution fails to respond within the specified deadline.

AddedRegulation (EC) No 883/2004

AddedArticle 1 – paragraph 1 – point 27, Article 88: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 4, Article 1 – paragraph 2 – point ea: (ea) ‘fraud’ means any intentional act or omission to act, causing prejudice to institutions in order to obtain or receive social security benefits or to avoid paying social security contributions or to circumvent the membership rules of a Member State’s social security scheme, contrary to the law of the Member State, the basic Regulation or the Implementing regulation

AddedRegulation (EC) No 987/2009

AddedArticle 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, while fully complying with privacy requirements. The request and any response shall be confined 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 substantiated, necessary, and proportionate.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 7 a (new), Article 6 – paragraph 3: 7 a. In Article 6, paragraph 3 is replaced by the following: / 3. Where no agreement is reached between the institutions or authorities concerned within three months of the date on which the difference of views arises, the matter shall be brought before the Administrative Commission by the competent authorities no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arose. The Administrative Commission shall seek to reconcile the points of view within six months of the date on which the matter was brought before it.

Added(http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1517319430937&uri=CELEX:32009R0987)

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 7 b (new), Article 7 – paragraph 1 a (new): 7 b. In Article 7, the following paragraph is inserted: / “1a. The provisional calculation of a benefit or contribution referred to in paragraph 1 shall be made no later than one month after the submission of the request by the person concerned.”

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 7 c (new), Article 11 – paragraph 1: 7 c. In Article 11, paragraph 1 is replaced by the following: / 1. Where there is a difference of views between the institutions of two or more Member States about the determination of the residence of a person to whom the basic Regulation applies, these institutions shall, no later than three months after the difference of views arises, establish by common agreement the centre of interests of the person concerned, based on an overall assessment of all available information relating to relevant facts, which may include, as appropriate:

Added(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0987&from=EN)

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 11, Article 19 – paragraph 4: 4. Where necessary for the exercise of legislative powers at national or Union level, relevant information regarding the social security rights and obligations of the persons concerned shall be exchanged directly between the competent institutions and the labour inspectorates, immigration or tax authorities of the States concerned, without in any way infringing privacy requirements. This may include the processing of personal data for purposes other than the exercise or enforcement of rights and obligations under the basic Regulation and this Regulation, solely to ensure compliance with relevant legal obligations in the fields of labour, health and safety, immigration and taxation law. Further details shall be laid down by decision of the Administrative Commission.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 26 a (new), Article 67 – paragraph 5: (26a) Article 67 paragraph 5 is replaced by the following: / 5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 12 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period.

Added(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)

AddedThe current time period of 18 month should be reduced to 12 month in order to lessen the cost pressure on the liaison body pre-financing a benefit.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 40 a (new), Article 89 – paragraph 1 a (new): 40 a. In Article 89, the following paragraph is inserted: / ‘1a. The institutions of the competent authorities shall make available to citizens upon request a copy of their personal file, together with concise and tailored information on the rules determining the competent authorities and their rights and entitlements under the basic Regulation and under the implementing Regulation.’

Added(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0987&from=EN)