v. 16/01/2019 Provisions in proposal related to: Unemployment 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 Outcome of Trilogue 1 on 15/01/2019: - discussed Aggregation and Export - each institution reiterated and defended its position - towards the end, EP signalled it could be flexible on aggregation in exchange for CL flexibility on export - CL tied its flexibility on export to a satisfactory agreement on frontier workers - Conclusion: CL agreed to be flexible on export, EP agreed to be flexible on aggregation, and the degree of these flexibilities will be set after discussions on frontier workers. EP put on the table the following possible compromise formulas: (1) Aggregation - 1 month can be required by MS for aggregation (but not a must) + Export - 5 months minimum; (2) Aggregation - 1 month obligatory requirement before aggregation + Export - 6 months minimum. N.B. Recital 13 (Reg. 987/2007 was moved from the section on "Aggregation" to "Frontier Workers". 1.                                                     AGGREATION OF INSURANCE PERIODS 2.                                                                 Regulation 883/2004 3.                                                                   Article 60a (new) Special rules on aggregation of periods for unemployment benefits 4.                                                                              For the purposes of the application of Article 6 within this Chapter, only the periods which are taken into account under the legislation of the Member State in which they were completed for the purpose of acquiring and 1

v. 16/01/2019 Rows      Commission proposal                    EP Amendments                       Council Position                 Comments retaining the right to unemployment benefits shall be aggregated by the competent Member State. 5.                                                             Regulation 883/2004 6.                                                                 Article 61 Special rules on aggregation of periods of insurance, employment or self-employment 7. 1. The competent institution of 1. The competent institution of 1. The competent institution of All three institutions have the a Member State whose                a Member State whose                a Member State whose            same position legislation makes the               legislation makes the               legislation makes the acquisition, retention, recovery acquisition, retention, recovery acquisition, retention, recovery or duration of the right to         or duration of the right to         or duration of the right to benefits conditional upon the       benefits conditional upon the       benefits conditional upon the completion of either periods of completion of either periods of completion of either periods of insurance, employment or self- insurance, employment or self- insurance, employment or self- employment shall, to the            employment shall, to the            employment shall, to the extent necessary, take into         extent necessary, take into         extent necessary, take into account periods of insurance,       account periods of insurance,       account periods of insurance, employment or self-                 employment or self-                 employment or self- employment completed under employment completed under employment completed under the legislation of any other        the legislation of any other        the legislation of any other Member State as though they         Member State as though they         Member State as though they were completed under the            were completed under the            were completed under the legislation it applies.             legislation it applies.             legislation it applies. 8. However, when the applicable However, when the applicable However, when the applicable All three institutions have the legislation makes the right to      legislation makes the right to      legislation makes the right to  same position benefits conditional on the         benefits conditional on the         benefits conditional on the completion of periods of            completion of periods of            completion of periods of insurance, the periods of           insurance, the periods of           insurance, the periods of employment or self-                 employment or self-                 employment or self- employment completed under employment completed under employment completed under 2

v. 16/01/2019 Rows       Commission proposal                   EP Amendments                  Council Position           Comments the legislation of another         the legislation of another      the legislation of another Member State shall not be          Member State shall not be       Member State shall not be taken into account unless such     taken into account unless such  taken into account unless such periods would have been            periods would have been         periods would have been considered to be periods of        considered to be periods of     considered to be periods of insurance had they been            insurance had they been         insurance had they been completed in accordance with       completed in accordance with    completed in accordance with the applicable legislation.        the applicable legislation.     the applicable legislation. 9. 1. Except in the cases referred to 1. Subject to paragraph 2, the  1. Except in the cases referred to in Article 65(2)[…], the           competent institution of a      in Article 65(2)(5)(a) and (2a), application of […] Article 6       Member State whose legislation  the application of Articles 6 shall be conditional on the        makes the acquisition,          paragraph 1 of this Article and person concerned having […]        retention, recovery or duration 60a by the member State of most recently completed a          of the right to benefits        most recent insurance, period of at least three months    conditional upon the            employment or self- of insurance, employment, or       completion of either periods of employment shall be self-employment in accordance      insurance, employment or self-  conditional on the person with the […] legislation under     employment shall, to the extent concerned having the most which the benefits are claimed.    necessary, take into account    recently completed an periods of insurance,           uninterrupted period of at employment or self-employment   least three one months of completed under the legislation insurance, employment, or of another Member State as      self-employment, in accordance though they had been            with the legislation under which completed under the legislation the benefits are claimed. that it applies. For this aggregation only the periods which are taken into account under the legislation of the Member State in which they were completed for the purpose 3

v. 16/01/2019 Rows       Commission proposal                  EP Amendments                      Council Position                   Comments of acquiring and retaining the right to unemployment benefits shall be aggregated by the competent Member State. AM 93 10. – periods of insurance, if that  – periods of insurance, if that    – periods of insurance, if that  All three institutions have the legislation requires periods of  legislation requires periods of    legislation requires periods of  same position insurance,                       insurance,                         insurance, 11. – periods of employment, if      – periods of employment, if        – periods of employment, if      All three institutions have the that legislation requires        that legislation requires          that legislation requires        same position periods of employment, or        periods of employment, or          periods of employment, or 12. – periods of self-employment,    – periods of self-employment,      – periods of self-employment,    All three institutions have the if that legislation requires     if that legislation requires       if that legislation requires     same position periods of self-employment.      periods of self-employment.        periods of self-employment. 13. 2. Where an unemployed           2. The application of              2. Where an unemployed person does not satisfy the      paragraph 1 shall be               person has not completed an conditions for the aggregation   conditional on the person          uninterrupted period of at of periods in accordance with    concerned having completed,        least one month of insurance, paragraph 1 because the total    in accordance with the             employment or self- duration of his or her most      legislation under which the        employment does not satisfy recently completed periods of    benefits are claimed:              the conditions for the insurance, employment or self-   (a) periods of insurance of at     aggregation of periods in employment in that Member        least one day, if that legislation accordance with paragraph 1, State is less than three months  requires periods of insurance;     because the total duration of that person shall be entitled to (b) periods of employment of at    his or her most recently unemployment benefits in         least one day, if that legislation completed periods of accordance with the legislation  requires periods of                insurance, employment or self- of the Member State where he     employment; or                     employment in that Member or she had previously            (c) periods of self-employment     State is less than three months completed such periods under     of at least one day, if that       that person shall be entitled to 4

v. 16/01/2019 Rows        Commission proposal             EP Amendments                   Council Position         Comments the conditions and subject to legislation requires periods of unemployment benefits in the limitations laid down in  self-employment.                accordance with the legislation Article 64a.                                                  of the penultimate Member AM 93                           State where he or she had previously completed such a periods of insurance, employment or self- employment, provided that such period was an uninterrupted period of at least one month. The Member State which becomes competent in accordance with this paragraph shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a, to the extent necessary, and under the conditions and subject to the limitations laid down in Article 64a. 14.                                                               3. Where an unemployed person has not completed an uninterrupted period of at least one month of insurance, employment or self- employment in any of the Member States referred to in paragraphs 1 and 2, the Member State of most recent insurance, employment or self- 5

v. 16/01/2019 Rows       Commission proposal                  EP Amendments                        Council Position                  Comments 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. 15.                                                          Regulation 883/2004 16.                                                                Article 63 Special provisions for the waiving of residence rules 17. For the purpose of this Chapter,  For the purpose of this Chapter, For the purposes of this Chapter,   No COM or EP proposal, Article 7 shall apply only in the Article 7 shall apply only in the Article 7 shall apply only in the  contains CL amendment cases provided for by Articles    cases provided for by Articles      cases provided for by Articles 64, 65 and 65a and within the     64, 65 and 65a and within the       64, 64a and 65 and 65a and limits prescribed therein.        limits prescribed therein.          shall apply within the limits prescribed therein. 18.                                                          Regulation 883/2004 19.         Article 64a (new)                         […]                         Article 64a (new) Special rules for unemployed                                         Special rules for unemployed persons who moved to another                    AM 97                 persons who moved to another Member State without                                                  Member State without fulfilling the conditions of                                          fulfilling the conditions of Article 61(1) and Article 64                                         Article 61(1) and Article 64 20. In the situations referred to in  […]                                 1. In the situations referred to Article 61(2), the Member                                             in Article 61(2), the Member State to whose legislation the    AM 97                               State to whose legislation the unemployed person was                                                 unemployed person was previously subject shall                                              previously subject shall become competent to provide                                           become competent to provide unemployment benefits. They                                           unemployment benefits. They shall be provided at the                                              shall be provided at the expense of the competent                                              expense of the that becomes 6

v. 16/01/2019 Rows        Commission proposal          EP Amendments         Council Position          Comments institution for the period laid                  competent institution shall down in Article 64(1)(c), if the                 provide unemployment unemployed person makes                          benefits, in accordance with its himself/herself available to the                 legislation, for the period laid employment services in the                       down in Article 64(1)(c), if the Member State of most recent                      unemployed person makes insurance and adheres to the                     himself/herself available to the conditions laid down under the                   employment services in the legislation of that Member                       Member State of most recent State. Article 64 (2) to (4) shall               period of insurance, apply mutatis mutandis.                          employment or self- employment and adheres to the conditions laid down under the legislation of that Member State. In this case, 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. 21.                                                  2. Alternatively, 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 7

v. 16/01/2019 Rows       Commission proposal             EP Amendments                 Council Position         Comments benefits or the Member State of most recent period of insurance, employment or self- employment, Article 64 shall apply mutatis mutandis. For these purposes, Article 64(1)(a) shall be read as referring to the employment services of the Member State of most recent period of insurance, employment or self- employment." 22.                                                 Regulation 987/2009 23.         Article 55a (new)                 […]                      Article 54a (new) Obligation of employment                                 Procedures for the application service of the Member State of           AM 146              of Article 61(2) of the basic most recent insurance                                            Regulation 24. In the situation referred to in […]                        -1. In the situation referred to Article 61(2) of the basic                                 in Article 61(2) of the basic Regulation, the institution of  AM 146                     Regulation, the unemployed the Member State of most                                   person shall register as a recent insurance shall                                     person seeking work with the immediately send a document                                employment services of the to the competent institution of                            Member State of most recent the Member State of previous                               period of insurance, insurance containing: the date                             employment or self- on which the person concerned                              employment and shall submit had become unemployed, the                                 a claim for benefit to the period of insurance,                                       institution of that Member employment or self-                                        State. employment completed under 8

v. 16/01/2019 Rows        Commission proposal     EP Amendments          Council Position        Comments its legislation, the relevant               If the claim is submitted to the circumstances of the                        institution of the Member unemployment likely to affect               State referred to in Article entitlement to benefits, the                61(2) of the basic Regulation, date of registration as                     that institution shall unemployed person and their                 immediately forward the claim address.                                    to the institution of the Member State of most recent period of insurance, employment or self- employment for investigation. The date on which the initial claim was submitted shall apply in all institutions concerned. 25.                                             1. Following the investigation of the claim by the institution of the Member State of the most recent period of insurance, employment or self- employment, if it is determined that the unemployed person does not satisfy the conditions for aggregation referred to in Article 61(1) of the basic Regulation, and it is evident from the information available to it that the unemployed person completed the necessary period to be entitled 9

v. 16/01/2019 Rows  Commission proposal EP Amendments               Council Position          Comments to receive benefits in accordance with Article 61(2) of the basic Regulation, it shall immediately send a document to the institution of the Member State referred to in Article 61(2) of the basic Regulation. Otherwise, the institution of the Member State of most recent period of insurance, employment or self- employment shall contact the institution referred to in Article 61(2) of the basic Regulation, prior to sending the document, in order to determine whether the period specified in Article 61(2) of the basic Regulation was completed in that Member State. 26.                                         2. The document referred to in paragraph 1 shall include necessary information on the situation of the unemployed person. The Administrative Commission shall determine the format and content of such document. 27.                               Amending Regulation 28.                                   Recital 8 10