Article 1 · Regulation (EU) 2026/2359

Contents

Article 1 #

Regulation (EC) No 883/2004 is amended as follows:

(1)the following recital is inserted:‘(2a)Articles 45 and 48 of the Treaty of the Functioning of the European Union (TFEU) ensure free movement of workers entailing the abolition of any discrimination based on nationality and provide for the adoption of the necessary measures in the field of social security to secure that freedom. In addition, under Article 21 TFEU, every Union citizen has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.’;

(2)recital 5 is replaced by the following:‘(5)It is necessary, within the framework of such coordination, to guarantee within the Union equality of treatment under the different national legislations for the persons concerned.(5a)In applying the principle of equal treatment provided for in this Regulation, the case-law of the Court of Justice is to be respected. The Court of Justice has interpreted that principle and the relationship between this Regulation and, inter alia, Directive 2004/38/EC, in its judgments in Cases C-140/12, Brey^note, C-333/13, Dano^note, C-67/14, Alimanovic^note, C-299/14, García-Nieto^note and C-308/14, Commission v the United Kingdom^note.(5b)Member States should ensure that mobile, economically inactive Union citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. They should be allowed, in accordance with national law and practice, to contribute in a proportionate manner to a scheme for comprehensive sickness insurance cover if they are not otherwise able to fulfil the relevant criteria for access to comprehensive sickness insurance cover in the Member State in which they habitually reside.

(3)recital 18b is replaced by the following:‘(18b)In Annex III, Subpart FTL to Commission Regulation (EU) No 965/2012^note, 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.

(4)recital 24 is replaced by the following:‘(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.(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^note, 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.

(5)the following recitals are inserted:‘(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^note.(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^note, 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.(32c)Decision No 573/2014/EU of the European Parliament and of the Council^note 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.

(6)the following recitals are inserted:‘(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^note, 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.(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.(35c)This Regulation takes account of Council Regulation (EC) No 4/2009^note where relevant.

(7)the following recital is inserted:‘(39a)The relevant Union data protection acquis, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council^note, applies to the processing of personal data pursuant to this Regulation.

(8)the following recitals are inserted:‘(40a)In accordance with the principles laid down in Article 6 of Regulation (EU) 2018/1724 of the European Parliament and of the Council^note, 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.(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.(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^note, have the potential to become a digital system facilitating user-friendly and secure identification and verification across borders.(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.(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^note, 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.

(9)the following recital is 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,’;

(10)Article 1 is amended as follows:

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

(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;’

;

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

(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;

(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;’

;

(c)the following point is inserted:

(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;’

;

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

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

;

(12)in Article 9, paragraph 1 is replaced by the following:‘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.’;

(13)Article 11 is amended as follows:

(a)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 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.’;

(b)paragraph 5 is replaced by the following:‘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.’;

(14)Article 12 is replaced by the following:‘Article 12Special rules1.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 2.2.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 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.3.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.’;

(15)in Article 13, paragraph 5 is replaced by the following:‘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.5.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.’;

(16)in Title III, the title of Chapter 1 is replaced by the following:‘Sickness, long-term care, maternity and equivalent paternity benefits’;

(17)in Article 19, paragraph 1 is replaced by the following:‘1.Unless otherwise provided for pursuant to 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 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. Those benefits shall be provided on behalf of the competent institution by the institution of the Member State of stay, in accordance with the provisions of that Member State’s legislation, as though the person concerned were insured under that legislation.’;

(18)in Article 20, paragraph 1 is replaced by the following:‘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.’;

(19)Article 30 is replaced by the following:‘Article 30Contributions by pensioners1.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.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, those contributions shall not be payable by virtue of such residence.’;

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

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

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

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

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

(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;

(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.’

;

(21)the following article is inserted:‘Article 33aLong-term care benefits1.The Administrative Commission shall, after consulting the social partners, draw up a detailed list of long-term care benefits which meet the criteria laid down in Article 1, point (vb), indicating, in each case, whether they are benefits in kind or benefits in cash and whether they are provided to the person receiving care or to the carer.2.Where long-term care benefits falling under this Chapter also have the characteristics of benefits coordinated under a different Chapter of Title III, a Member State may, by way of derogation from paragraph 1 of this Article, coordinate such benefits in accordance with the rules of that Chapter, provided that the overall outcome of such coordination is at least as favourable for the beneficiaries as if the benefits were coordinated as long-term care benefits under this Chapter and provided that they are listed in Annex XII, specifying which Chapter of Title III applies.3.Article 34(1) and (2) of this Regulation shall also apply to benefits listed in Annex XII.’;

(22)Article 34 is replaced by the following:‘Article 34Overlapping of long-term care benefits1.Where a person receiving long-term care benefits in cash from the competent Member State pursuant to Article 21 or 29 is also entitled, pursuant to this Chapter, to claim benefits in kind intended for the same purpose from the institution of the Member State of residence or stay, and those benefits in kind are subject to reimbursement by the institution of the competent Member State pursuant to Article 35, Article 10 shall apply. To that end, if the person concerned receives those benefits in kind, the amount of the benefits in cash granted by the competent Member State shall be reduced by the value of those benefits in kind.2.Two or more Member States, or their competent authorities, may agree on other or supplementary measures which shall not be less advantageous for the persons concerned than the principles laid down in paragraph 1.3.Where long-term care benefits in cash are provided for under the legislation of more than one Member State during the same period and for the same children, the priority rules in the event of overlapping laid down in Article 68(1) shall be applicable.’;

(23)in Article 50, paragraph 2 is replaced by the following:‘2.If at a given moment the person concerned does not satisfy, or no longer satisfies, the conditions laid down by all the legislations of the Member States to which he or she has been subject, the institutions applying legislation the conditions of which have been satisfied shall not take into account, when performing the calculation in accordance with Article 52(1), point (b), the periods completed under the legislations the conditions of which have not been satisfied, or are no longer satisfied, where this gives rise to a lower amount of benefit.’;

(24)the following article is inserted:‘Article 60aSpecial rules on the aggregation of periods for unemployment benefitsFor the purposes of the application of Article 6 when applied in the context of this Chapter, only periods which are taken into account under the legislation of the Member State in which they were completed for the purpose of acquiring and retaining the right to unemployment benefits shall be aggregated by the competent Member State.’;

(25)Articles 61, 62 and 63 are replaced by the following:‘Article 61Special rules on the aggregation of periods of insurance, employment or self-employment and competence for the payment of unemployment benefits1.Except as regards wholly unemployed persons as referred to in Article 65(2), (3) and (5), the application of Articles 6 and 60a by the Member State of the most recent period of insurance, employment or self-employment shall be conditional on the person concerned having most recently completed an uninterrupted period of at least one month of insurance, employment or self-employment, in accordance with the legislation of the Member State under which the benefits are claimed.2.Where an unemployed person has not completed an uninterrupted period of at least one month of insurance, employment or self-employment in accordance with the legislation of the Member State referred to in paragraph 1, that person shall be entitled to unemployment benefits in accordance with the legislation of the previous Member State where he or she completed a period of insurance, employment or self-employment, provided that such a period was uninterrupted for at least one month. The Member State that becomes competent pursuant to this paragraph shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a to the extent necessary, and in accordance with Article 64a.3.Where an unemployed person has not completed an uninterrupted period of at least one month of insurance, employment or self-employment in one of the Member States referred to in paragraph 1 or 2 of this Article, the Member State of the most recent period of insurance, employment or self-employment shall become competent, and shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a to the extent necessary.Article 62Calculation of benefits1.The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his or her last activity as an employed or self-employed person under that legislation.2.Paragraph 1 shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary or professional income which serves as a basis for the calculation of benefits and where, for all or part of that period, the person concerned was subject to the legislation of another Member State.3.By way of derogation from paragraphs 1 and 2 of this Article, as far as the unemployed persons covered by Article 65(2), first and second subparagraphs, are concerned, the institution of the Member State of residence shall take into account, under the conditions and limitations of the legislation it applies, the salary or professional income received by the person concerned in the Member State to whose legislation he or she was subject during his or her last activity as an employed or self-employed person, in accordance with the Implementing Regulation.Article 63Special provisions for the waiving of residence rulesFor the purposes of this Chapter, Article 7 shall apply only in the cases provided for by Articles 64, 64a and 65 and shall apply within the limits prescribed therein.’;

(26)Article 64 is amended as follows:

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

(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;’

;

(b)paragraph 3 is replaced by the following:‘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.’;

(27)the following article is inserted:‘Article 64aSpecial rules for unemployed persons who move to another Member State without fulfilling the conditions laid down in Article 61(1) and Article 641.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), (3) and (4) shall apply mutatis mutandis.2.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.’;

(28)Article 65 is replaced by the following:‘Article 65Unemployed persons who resided in a Member State other than the competent Member State1.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.Such 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.2.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:

(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;

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

(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.

The 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.A 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.3.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.4.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.5.Where a wholly unemployed person referred to in paragraph 4 decides to seek work in the Member State of residence and he or she previously completed periods of insurance, employment or self-employment under the legislation of that Member State, aggregated with periods completed in the Member State of the last activity and other Member States of other previous activities, he or she may, after the end of the period during which he or she receives unemployment benefits from the institution of the competent Member State pursuant to paragraph 4, claim unemployment benefits under the legislation of the Member State of residence, as if he or she had completed all periods 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 the unemployed person received benefits under the legislation of the competent Member State shall be deducted from the corresponding period of entitlement to benefits under the legislation of the Member State of residence.6.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.’;

(29)Article 65a is deleted;

(30)in Article 68, paragraph 2 is replaced by the following:‘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.2a.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:

(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

(b)family benefits other than those referred to in point (a).’

;

(31)the following article is inserted:‘Article 68bSpecial provision for family benefits in cash intended to replace income during the period of child raising1.Family benefits referred to in Article 68(2a), point (a), of this Regulation, which are listed in Annex XIII, Part I, of this Regulation, shall be awarded under the legislation of the competent Member State solely to the person subject to that legislation. There shall be no derived right to such benefits. Article 68a of this Regulation shall not apply to such benefits and the competent institution shall not be required to take into account a claim submitted by the other parent, a guardian or an institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.2.By way of derogation from Article 68(2), in cases of overlapping entitlements under conflicting legislation, a Member State may award a family benefit referred to in paragraph 1 of this Article in full to a beneficiary regardless of the amount provided for by the first legislation. Member States that apply such a derogation shall be listed in Annex XIII, Part 2, indicating the family benefit to which the derogation applies.’;

(32)in Article 72, the following point is inserted:

(ea)provide opinions, if requested by the Commission, in the early preparation of the implementing acts referred to in Article 88b of this Regulation and Article 86a of the Implementing Regulation, and make any relevant proposals to the Commission for the revision of those implementing acts;’

;

(33)the following article is inserted in ‘Title V MISCELLANEOUS PROVISIONS’:‘Article 75aObligation of competent authorities1.The competent authorities shall, in accordance with their national law and practice, ensure that their relevant institutions are informed of and apply all provisions, legislative or otherwise, including the decisions of the Administrative Commission, in the areas covered by and in accordance with the terms of this Regulation and of the Implementing Regulation.2.In order to ensure the correct determination of the applicable legislation, the competent authorities shall promote, where appropriate, cooperation between their institutions and other relevant bodies, such as labour inspectorates, in their Member States.’;

(34)Article 86 is deleted, without prejudice to Article 91, fourth and fifth paragraphs;

(35)in Article 87a, paragraph 2 is deleted;

(36)the following article is inserted:‘Article 87bTransitional provision relating to the provisions referred to in Article 91 of this Regulation and in Article 97 of the Implementing Regulation1.No rights shall be acquired pursuant to the provisions referred to in Article 91, third paragraph, of this Regulation or in Article 97, second paragraph, of the Implementing Regulation, before the relevant dates of application referred to therein.2.Any period of insurance and, where appropriate, any period of employment and self-employment or residence completed under the legislation of a Member State before the relevant dates of application as set out in Article 91, third, fourth and fifth paragraphs, of this Regulation and in Article 97, second, third and fourth paragraphs, of the Implementing Regulation shall be taken into consideration by the Member State concerned for the determination of rights acquired pursuant to those provisions.3.Subject to paragraph 1 of this Article, rights may be acquired pursuant to the provisions referred to in Article 91, third paragraph, of this Regulation and in Article 97, second paragraph, of the Implementing Regulation even if they relate to a contingency arising before the date of application of those provisions in the Member State concerned.4.Where, pursuant to Title II of this Regulation, a person is subject to the legislation of a Member State other than that to which he or she was subject before 2 November 2028, the legislation applicable before that date shall continue to apply for a transitional period lasting for as long as the situation remains unchanged. That transitional period shall in any event end on 2 November 2036.The person concerned may request that the transitional period no longer apply to him or her. Such a request shall be submitted to the institution designated by the competent authority of the Member State of residence. Requests submitted on or before 2 January 2029 shall be deemed to be submitted on 2 November 2028. Requests submitted after 2 January 2029 shall be deemed to be submitted on the first day of the month following the date of their submission.This paragraph shall not apply to Article 12. Article 12, in the version in force before 1 November 2026, shall continue to apply to employed persons who are sent to, or self-employed persons who pursue a similar activity in, another Member State before 2 November 2028.5.Title III, Chapter 1, in the version in force before 1 November 2026, shall continue to apply to long-term care benefits for which applications were submitted before 2 November 2028.6.Title III, Chapter 6, in the version in force before 1 November 2026, shall continue to apply to unemployment benefits for which applications were submitted before the relevant date of application as set out in Article 91, third, fourth and fifth paragraphs.7.Title III, Chapter 8, in the version in force before 1 November 2026, shall continue to apply to family benefits for children who were born before 2 November 2028.’;

(37)Article 88 is replaced by the following:‘Article 88Delegating the power to amend the AnnexesThe Commission is empowered to adopt delegated acts in accordance with Article 88a to periodically amend the Annexes to this Regulation and to the Implementing Regulation following a request from the Administrative Commission.Article 88aExercise of the delegation1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.2.The power to adopt delegated acts referred to in Article 88 shall be conferred on the Commission for an indeterminate period of time from 1 November 2026.3.The delegation of the power referred to in Article 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.4.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.5.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.6.A delegated act adopted pursuant to Article 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 expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.’;

(38)the following articles are inserted:‘Article 88bPower to adopt implementing acts1.The Commission shall adopt implementing acts to specify the procedure, including, where appropriate, time-limits, to be followed in order to ensure uniform conditions for the implementation of Title II of this Regulation and of the corresponding procedures set out in the Implementing Regulation. Those implementing acts shall establish standard procedures for:

(a)the issuance, format and contents of attestations certifying the social security legislation applicable to their holder, as well as the automatic acknowledgment of receipt of the request for such attestations, which acknowledgement shall indicate its date of issuance and the information contained in the request;

(b)the elements to be verified before the attestations can be issued, withdrawn or rectified;

(c)the withdrawal or rectification of the attestations by the issuing institution in accordance with the procedure set out in the Implementing Regulation.

2.Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88c(2).Article 88cCommittee procedure1.The Commission shall be assisted by a committee. The Committee is a committee within the meaning of Regulation (EU) No 182/2011.2.Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.’;

(39)Article 91 is replaced by the following:‘Article 91Entry into force and applicationThis Regulation shall enter into force on the twentieth day after its publication in the Official Journal of the European Union.It shall apply from 1 May 2010.Notwithstanding the second paragraph, the following dates of application shall apply:

(1)the following provisions, in the version in force from 1 November 2026, shall apply from that date:

(a)Article 11(5);

(b)Article 50(2);

(c)Article 72(ea);

(d)Articles 75a and 86;

(e)Article 87a(2);

(f)Articles 87b, 88, 88a, 88b and 88c;

(g)Annexes I, II, III, IV, VI, VIII, IX, X and XI.

(2)the following provisions, in the version in force from 1 November 2026, shall apply from 2 November 2028:

(a)Article 1, points (i)(1)(ii), (va)(i), (va)(ia) and (vb);

(b)Article 3(1), point (a);

(c)Article 9(1);

(d)Article 11(2);

(e)Article 12;

(f)Article 13(4a) and (5);

(g)Article 19(1);

(h)Article 20(1);

(i)Article 30;

(j)Article 32(3);

(k)Articles 33a, 34, 60a, 61, 62 and 63;

(l)Article 64(1)(c) and (3);

(m)Articles 64a, 65 and 65a;

(n)Article 68(2) and (2a);

(o)Article 68b;

(p)Annexes XII and XIII.

Notwithstanding the third paragraph of this Article, with regard to persons for whom, during their last activity as an employed or self-employed person, Luxembourg was the competent Member State, Articles 65, 65a and 86, in the version in force before 1 November 2026, shall apply until 2 November 2031.Luxembourg may notify the Commission that it is necessary to prolong the timeframe referred to in the fourth paragraph until 2 November 2033. Such a notification of prolongation shall be made in reasonable time before the end of the timeframe referred to in the fourth paragraph. The notification shall be published in the Official Journal of the European Union.’;

(40)the Annexes to Regulation (EC) No 883/2004 are amended in accordance with Annex I to this Regulation.

Article 1#

Article 1 #