v. 19/12/2018 Provisions in proposal related to: Family Benefits - Plain text: text of the original Regulations (EC) No. 883/2004 and No. 987/2009; - Bold: proposals of the Commission (2016/0397 (COD)) compared to the original Regulations; - Bold underlined italic: amendments proposed by the European Parliament (PE612058v03-00EN); - Bold underlined: amendments proposed by the Council (ST 10295/18); - Some rows where none of the institutions have made amendments have been inserted for information purposes only. Rows Commission proposal                   EP Amendments                     Council Position          Comments 1.                                                               Regulation 883/2004 2.                                                                                Recital 35-a (new) 3.                                                                         (35-a) For the purpose of calculating the differential supplement, this Regulation should take into account the judgement of the Court of Justice in Case C-347/12 Wiering while providing the necessary clarifications and simplifications. Taking into account the special nature of the various family benefits of the Member States, two types of family benefits should be distinguished as being of different kinds based on their main purpose, objectives and the basis on which they are granted. 4.            Recital 35a (new)                                                    Recital 35a (new) 1

v. 19/12/2018 Rows Commission proposal                 EP Amendments                     Council Position         Comments 5. (35a) Family benefits in cash      (35a) Family benefits in cash    (35a) Family benefits in cash intended to replace income         which are primarily intended     which are primarily intended during a periods of child-         to replace or grant additional   to replace income not earned, raising are individual rights      income not earned, whether in    whether in part or in full, or which are personal to the          part or in full, or income that  income that the person cannot parent subject to the legislation  the person cannot earn, due to   earn, during a periods of due of the competent Member            child-raising, can be            to child-raising, can be State. Given the specific nature   distinguished from other         distinguished from other of these family benefits, such     family benefits intended to      family benefits intended to benefits should be listed in Part  meet family expenses. As such    meet family expenses. As such I of Annex XIII to this            benefits could be considered to  benefits could be considered as Regulation and should be           be individual rights which       are individual rights which are exclusively reserved to the        are personal to the parent       personal to the parent subject parent concerned. The Member       subject to the legislation of    to the legislation of the State with secondary               the competent Member State,      competent Member State it competence may elect that the      it should be possible to reserve should be possible to rules of priority in the case of   them exclusively to the parent   exclusively reserve them to the overlapping of rights to family    concerned. Such individual       parent concerned. Such benefits under the legislation of  benefits should be listed in     individual Given the specific the competent Member State         Part I of Annex XIII to this     nature of these family benefits, and under the legislation of the   Regulation. The Member           such benefits should be listed Member State of residence of       State with secondary             in Part I of Annex XIII to this members of the family should       competence may elect that        Regulation and should be not apply to such benefits.        the rules of priority in the     exclusively reserved to the Where a Member State chooses       case of overlapping of rights    parent concerned. The to disapply the priority rules it  to family benefits under the     Member State with secondary must do so consistently in         legislation of the competent     competence may elect that the respect of all entitled persons in Member State and under the       rules of priority in the case of an analogous situation and be      legislation of the Member        overlapping of rights to family listed in Part II of Annex XIII.   State of residence of members    benefits under the legislation of the family should not         of the competent Member apply to such benefits. Where    State and under the legislation 2

v. 19/12/2018 Rows Commission proposal                   EP Amendments                         Council Position                   Comments a Member State chooses to            of the Member State of disapply the priority rules it       residence of members of the must do so consistently in           family should not apply to respect of all entitled persons      such benefits. Where a in an analogous situation and        Member State chooses to provided that the benefits           disapply the priority rules it concerned are listed in Part II      must do so consistently in of Annex XIII.                       respect of all entitled persons in an analogous situation and AM 47                                be listed in Part II of Annex XIII. 6.                                                                      Article 68 Priority rules in the event of overlapping 7. 2. In the case of overlapping        2. In the case of overlapping        2. In the case of overlapping      No COM or EP proposal, contains entitlements, family benefits shall entitlements, family benefits         entitlements, family benefits      CL amendment be provided in accordance with       shall be provided in accordance shall be provided in accordance the legislation designated as        with the legislation designated with the legislation designated having priority in accordance        as having priority in                as having priority in accordance with paragraph 1. Entitlements to accordance with paragraph 1.            with paragraph 1. Entitlements family benefits by virtue of other Entitlements to family benefits to family benefits by virtue of conflicting legislation or           by virtue of other conflicting       other conflicting legislation or legislations shall be suspended up legislation or legislations shall legislations shall be suspended to the amount provided for by the be suspended up to the amount up to the amount provided for by first legislation and a differential provided for by the first            the first legislation for benefits supplement shall be provided, if     legislation and a differential       of the same kind and a necessary, for the sum which         supplement shall be provided,        differential supplement shall be exceeds this amount. However,        if necessary, for the sum which provided, if necessary, for the such a differential supplement       exceeds this amount. However, sum which exceeds this amount. does not need to be provided for     such a differential supplement However, such a differential children residing in another         does not need to be provided         supplement does not need to be Member State when entitlement        for children residing in another provided for children residing in Member State when                    another Member State when 3

v. 19/12/2018 Rows Commission proposal                  EP Amendments                   Council Position       Comments to the benefit in question is based entitlement to the benefit in  entitlement to the benefit in on residence only.                  question is based on residence question is based on residence only.                          only. 8.                                                                     2a. For the purposes of calculating the differential supplement for family benefits under paragraph 2 of this Article there shall be two categories of benefits of the same kind: 9.                                                                     a) family benefits in cash primarily intended to replace parts or the whole income not earned, or income that the person cannot earn, due to child-raising; and 10.                                                                    b) all other family benefits. 11.         Article 68b (new)                  Article 68b (new)               Article 68b (new) Special provisions for family      Special provisions for family  Special provisions for family benefits in cash intended to       benefits in cash intended to   benefits in cash intended to replace income during periods          replace income during         replace income during the of child-raising               periods of child-raising        periods of child-raising 12. 1. Family benefits in cash          1. Family benefits in cash     1. Family benefits referred to which are intended to replace       which are intended to replace in paragraph 2a (a) of Article income during periods of child-     or grant additional income     68 in cash which are intended raising and which are listed in     during periods of child-       to replace income during Part 1 of Annex XIII shall be       raising and which are listed   periods of child-raising and awarded solely to the person        in Part 1 of Annex XIII shall which are listed in Part 1 of subject to the legislation of the   be awarded solely to the       Annex XIII shall be awarded competent Member State and          person subject to the          under the legislation of the there shall be no derived right     legislation of the competent   competent Member State 4

v. 19/12/2018 Rows Commission proposal                 EP Amendments                    Council Position        Comments for his or her family members     Member State and there shall    solely to the person subject to to such benefits. Article 68a of  be no derived right for his or  that the legislation. of the this Regulation shall not apply   her family members to such      competent Member State and to such benefits nor shall the    benefits. Article 68a of this   Tthere shall be no derived competent institution be          Regulation applies to those     right for his or her family required to take into account a   benefits in situations where    members to such benefits. claim submitted by the other      the individual beneficiary of   Article 68a of this Regulation parent, a person treated as a     family benefits serving as      shall not apply to such benefits parent or institution acting as   income replacement during       nor shall the competent guardian of the child or          child raising does not fulfil   institution be required to take children pursuant to Article      his or her maintenance          into account a claim submitted 60(1) of the Implementing         obligations.                    by the other parent, a person Regulation.                                                       treated as a parent or AM 99                           institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation. 13. 2. By way of derogation from      2. By way of derogation from 2. By way of derogation from Article 68(2), in cases of        Article 68(2), in cases of      Article 68(2), in cases of overlapping entitlements under overlapping entitlements           overlapping entitlements conflicting legislation or        under conflicting legislation   under conflicting legislation or legislations, a Member State      or legislations, a Member       legislations, a Member State may award a family benefit        State may award a family        may award a family benefit referred to in paragraph 1 in     benefit referred to in          referred to in paragraph 1 in full to a beneficiary regardless  paragraph 1 in full to a        full to a beneficiary regardless of the amount provided for by     beneficiary regardless of the of the amount provided for by the first legislation. Member     amount provided for by the      the first legislation. Member States that elect to apply such a first legislation. Member       States that elect to apply such derogation shall be listed in     States that elect to apply such a derogation shall be listed in Part 2 of Annex XIII by           a derogation shall be listed in Part II2 of Annex XIII by reference to the family benefit   Part 2 of Annex XIII by         reference to the family benefit to which the derogation applies. reference to the family 5

v. 19/12/2018 Rows Commission proposal                   EP Amendments                       Council Position       Comments benefit to which the               to which the derogation derogation applies.                applies. 14.                                                              Amending Regulation 15.                                                                      Recital 11 16. (11) Family benefits intended to (11) Family benefits in cash            (11) […] In order to take into 1 replace income during child-         which are primarily intended account the judgement of the raising periods are designed to to replace or grant additional, Court of Justice of the meet the individual and              income that is not earned,         European Union in the Case personal needs of the parent         whether in part of in full, or     C-347/12 Wiering, for the subject to the legislation of the    that the person cannot earn,       purpose of the calculation of competent Member State and           due to child-raising are           the differential supplement, therefore are distinguishable        designed to meet the               there are two categories of from other family benefits as        individual and personal            family benefits of the same they are intended to                 needs of the parent subject to kind: family benefits in cash compensate a parent for loss of the legislation of the                  primarily intended to replace income or salary during time         competent Member State and income not earned due to spent raising a child rather         therefore are distinguishable child-raising, and all other than solely meeting general          from other family benefits as family benefits. family expenses.                     they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses. AM 32 17.                                                                          Recital 11a (new) 18.                                                                          (11a) Family benefits in cash primarily intended to replace 1 N.B.: In the Council's mandate, part of recital 11 was used as a basis for new recital 11a. 6

v. 19/12/2018 Rows Commission proposal EP Amendments         Council Position       Comments parts or the whole income not earned, or income that the person cannot earn, due to child-raising periods are designed to meet the individual and personal needs of the parent subject to the legislation of the competent Member State and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses. 7