### article 65 unemployed persons who resided in a member state other than the competent state an unemployed person 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 himself or herself available to the former employer or to the employment services in the competent member state . 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 . these benefits shall be provided by the institution of the competent member state . 2 . by way of derogation from paragraph 1 , a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent member state shall make himself or herself available to the employment service of the member state of residence . such a person 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 under the legislation of that member state . those benefits shall be provided by the institution of the member state of residence . alternatively , a wholly unemployed person referred to in this paragraph , who would be entitled to an unemployment benefit solely under the national legislation of the competent member state if he or she resided there , may instead opt to make themselves available to the employment services in that member state and to receive benefits in accordance with the legislation of that member state as if he or she were residing there . 3 . if a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent member state after having been registered there , and wishes to seek work in the member state of residence or the member state of last activity article 64 shall apply mutatis mutandis , except article 64 . the competent institution may extend the period referred to in the first sentence of article 64 up to the end of the period of entitlement to benefits . 4 . a wholly unemployed person referred to in this article may in addition to making themselves available to the employment services of the competent member state also make themselves available to the employment services of the other member state . 5 . paragraphs 2 to 4 of this article shall not apply to a person who is partially or intermittently unemployed . ### article 65 unemployed persons who resided in a member state other than the competent state a person who is partially or intermittently unemployed and who , during his / her last activity as an employed or self - employed person , resided in a member state other than the competent member state shall make himself or herself available to the employer or to the employment services in the competent member state . 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 . those benefits shall be provided by the institution of the competent member state . 2 . a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who continues to reside in that member state or returns to that member state shall make himself or herself available to the employment services in the member state of residence . without prejudice to article 64 , a wholly unemployed person may , as a supplementary step , make himself or herself available to the employment services of the member state in which he or she pursued his or her last activity as an employed or self - employed person . an unemployed person , other than a frontier worker , who does not return to his or her member state of residence , shall make himself or herself available to the employment services in the member state to whose legislation he or she was last subject . 3 . the unemployed person referred to in the first sentence of paragraph 2 shall register as a person seeking work with the competent employment services of the member state in which he or she resides , shall be subject to the control procedure organised there and shall adhere to the conditions laid down under the legislation of that member state . if he or she chooses also to register as a person seeking work in the member state in which he or she pursued his or her last activity as an employed or self - employed person , he or she shall comply with the obligations applicable in that state . 4 . the implementation of the second sentence of paragraph 2 and of the second sentence of paragraph 3 , as well as the arrangements for exchanges of information , cooperation and mutual assistance between the institutions and services of the member state of residence and the member state in which he or she pursued his or her last occupation , shall be laid down in the implementing regulation . 5 . the unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the member state of residence as if he or she had been subject to that legislation during his or her last activity as an employed or self - employed person . those benefits shall be provided by the institution of the place of residence . 5a . however , a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the member state to whose legislation he or she was last subject shall first receive , on his or her return to the member state of residence , benefits in accordance with article 64 , receipt of the benefits in accordance with paragraph 5a being suspended for the period during which he or she receives benefits under the legislation to which he or she was last subject . 5b . the benefits provided by the institution of the place of residence under paragraph 5a and 5b shall continue to be at its own expense . the competent institution of the member state to whose legislation he / she was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first four months . reimbursement for that period shall be claimed only on condition that the person concerned has , during the 12 months preceding the reimbursement period , completed periods of at least three months in the member state to whose legislation he or she was previously subject and where such periods would qualify for the purposes of establishing entitlement to unemployment benefits in that member state . the amount of the reimbursement during that period shall not be higher than the amount payable , according to the following rules : number of calendar days subject to the reimbursement period ; multiplied by : the average amount per calendar day of the unemployment benefits of the competent member state of the previous calendar year . 5c . a second request for reimbursement by the same unemployed person shall be admissible no earlier than one year after expiry of the previous reimbursement period . 5d . from the end of the 18 - month period referred to in article 67 of the implementing regulation , interest may be charged by the creditor institution on outstanding claims . the interest shall be calculated in accordance with article 68 of the implementing regulation with a supplement of 8 % above the base rate . 5e . during the reimbursement procedure requests or reactions to requests or notifications have to be answered within a period of six months . should the deadline be exceeded , the reimbursement request is considered to be accepted . 5f . the arrangements for reimbursement are laid down in the implementing regulation . 5f . for the purposes of paragraphs 5b to 5e , two or more member states , or their competent authorities , may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction . ”


### 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 / her last activity as an employed or self - employed person under the said legislation . ### in article 62 , paragraph 1 is replaced by the following : “1 . 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 / her last activity or activities as an employed or self - employed person under the said legislation . ”


### in the area of unemployment benefits , the rules on the aggregation of periods of insurance should be applied uniformly by all member states . with the exception of cross - border workers referred to in article 65 , the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that member state . the previously competent member state should become competent for all insured persons who do not satisfy this condition . in this case , registration with the employment services of the member state of most recent insurance should have the same effect as registration with the employment services of the member state , where the unemployed person had been previously insured . ### in the area of unemployment benefits , the rules on the aggregation of periods of insurance should be applied uniformly by all member states . with the exception of cross - border workers referred to in article 65 , the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least one day of insurance in that member state .


### if a recipient of long - term care benefits in cash , which have to be treated as sickness benefits and are therefore provided by the member state competent for cash benefits under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ### in article 34 , paragraph 1 is replaced by the following : “1 . if a recipient of long - term care benefits in cash , provided under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ”


### article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of health and the probable course of illness of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . ### article 26 is replaced by the following : ' article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment or long - term care ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment or long - term care can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of need of long - term care and the probable course of need of long - term care of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or , in the case of the need for long - term care , by a doctor or another expert of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate or appropriate taking into account the current state of need for long - term care to supplement the treatment or long - term care covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment or long - term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment or long - term care in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment or long - term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long - term care had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment or long - term care 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long - term care of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment or long - term care in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . '


### an unemployed person 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 himself or herself available to the former employer or to the employment services in the competent member state . 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 . these benefits shall be provided by the institution of the competent member state . ### an unemployed person 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 , and who has been subject to the legislation of the competent member state for at least five consecutive years , may opt to make himself or herself available to the employment services in the competent member state . 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 . these benefits shall be provided by the institution of the competent member state if he or she complies with national legislation , including the monitoring requirements of the competent member state . a person who is wholly unemployed may , in addition , make himself or herself available to the employment services in the member state of residence .


### a wholly unemployed person referred to in this article may in addition to making themselves available to the employment services of the competent member state also make themselves available to the employment services of the other member state . ### a wholly unemployed person referred to in this article may in addition to making themselves available to the employment services of the competent member state also make themselves available to the employment services of the other member state or a cross - border placement service .


### –the issuance , the format and the contents of a portable document certifying the social security legislation which applies to the holder , ### –the issuance , the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder ,


### for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one . ### article 25 , paragraph 1 is replaced by the following : ' 1 . for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care or long - term care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one . '


### an insured person who is authorised by the competent institution to go to another member state with the purpose of receiving the treatment appropriate to his condition shall receive the benefits in kind provided , on behalf of the competent institution , by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though he were insured under the said legislation . the authorisation shall be accorded where the treatment in question is among the benefits provided for by the legislation in the member state where the person concerned resides and where he cannot be given such treatment within a time - limit which is medically justifiable , taking into account his current state of health and the probable course of his illness . ### in article 20 , paragraph 2 is replaced by the following : “2 . an insured person who is authorised by the competent institution to go to another member state with the purpose of receiving the treatment or long - term care appropriate to his or her condition shall receive the benefits in kind provided , on behalf of the competent institution , by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though he or she were insured under the said legislation . the authorisation shall be accorded where the treatment or long - term care in question is among the benefits provided for by the legislation in the member state where the person concerned resides and where he or she cannot be given such treatment within a time limit which is medically justifiable , taking into account his or her current state of health and the probable course of his or her illness or within a time limit which is justifiable , taking into account his or her current state of need of long - term care and the probable course of his or her need of long - term care . ”


### for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one . ### in article 25 , paragraph 1is replaced by the following : for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care or long - term care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one .


### long - term care benefits for insured persons and members of their families need to be coordinated according to specific rules which , in principle , follow the rules applicable to sickness benefits , in line with the case law of the court of justice . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash . ### 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 following the rules applicable to sickness benefits . however , these rules should take into account the specific nature of long term care benefits . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash .


### following the recommendations in the eu citizenship report 201335 , there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders . __________________ 35 com 269 final . ### following the recommendations in the eu citizenship report 201335 , there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to promote mobility and improve the opportunities for unemployed persons moving to another member state to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders . __________________ 35 com 269 final .


### long - term care benefits for insured persons and members of their families need to be coordinated according to specific rules which , in principle , follow the rules applicable to sickness benefits , in line with the case law of the court of justice . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash . ### in line with the case - law of the court of justice of the european union , long - term care benefits for insured persons and members of their families should , in principle , continue to be coordinated following 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 case of overlapping of long - term care benefits in kind and in cash .


### article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , 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 the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , 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 , these contributions shall not be payable by virtue of such residence . ### article 30 is replaced by the following : “article 30 contributions by pensioners 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 the said 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 , these contributions shall not be payable by virtue of such residence . ”


### if a recipient of long - term care benefits in cash , which have to be treated as sickness benefits and are therefore provided by the member state competent for cash benefits under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ### in article 34 , paragraph 1 is replaced by the following : “1 . if a recipient of long - term care benefits in cash , provided by the member state competent for cash benefits under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ”


### the interest shall be calculated on the basis of the reference rate applied by the european central bank to its main refinancing operations . the reference rate applicable shall be that in force on the first day of the month on which the payment is due . ### in article 68 , paragraph 2 is replaced by the following : ' 2 . the interest shall be calculated on the basis of the reference rate applied by the european central bank to its main refinancing operations plus eight percentage points . the reference rate applicable shall be that in force on the first day of the month on which the payment is due . '


### the administrative commission for the coordination of social security systems attached to the commission of the european communities shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . a representative of the commission of the european communities shall attend the meetings of the administrative commission in an advisory capacity . ### in article 71 , paragraph 1 is replaced by the following : “1 . the administrative commission for the coordination of social security systems 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 . one representative each from the european commission and the european parliament shall attend the meetings of the administrative commission in an advisory capacity . upon request , representatives of the social partners , beneficiaries and the professional bodies concerned may attend , ”


### when a person or a group of persons are exempted upon request from compulsory sickness insurance and such persons are thus not covered by a sickness insurance scheme to which the basic regulation applies , the institution of another member state shall not , solely because of this exemption , become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under title iii , chapter i , of the basic regulation . ### in article 32 , paragraph 1 is replaced by the following : ' 1 . when a person or a group of persons are exempted upon request from compulsory sickness or long - term care insurance and such persons are thus not covered by a sickness insurance scheme to which the basic regulation applies , the institution of another member state shall not , solely because of this exemption , become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under title iii , chapter i , of the basic regulation . '


### article 65 unemployed persons who resided in a member state other than the competent state an unemployed person 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 himself or herself available to the former employer or to the employment services in the competent member state . 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 . these benefits shall be provided by the institution of the competent member state . 2 . by way of derogation from paragraph 1 , a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent member state shall make himself or herself available to the employment service of the member state of residence . such a person 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 under the legislation of that member state . those benefits shall be provided by the institution of the member state of residence . alternatively , a wholly unemployed person referred to in this paragraph , who would be entitled to an unemployment benefit solely under the national legislation of the competent member state if he or she resided there , may instead opt to make themselves available to the employment services in that member state and to receive benefits in accordance with the legislation of that member state as if he or she were residing there . 3 . if a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent member state after having been registered there , and wishes to seek work in the member state of residence or the member state of last activity article 64 shall apply mutatis mutandis , except article 64 . the competent institution may extend the period referred to in the first sentence of article 64 up to the end of the period of entitlement to benefits . 4 . a wholly unemployed person referred to in this article may in addition to making themselves available to the employment services of the competent member state also make themselves available to the employment services of the other member state . 5 . paragraphs 2 to 4 of this article shall not apply to a person who is partially or intermittently unemployed . ### article 65 unemployed persons who resided in a member state other than the competent state a person who is partially or intermittently unemployed and who , during his / her last activity as an employed or self - employed person , resided in a member state other than the competent member state shall make himself or herself available to the employer or to the employment services in the competent member state . 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 . those benefits shall be provided by the institution of the competent member state . 2 . a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who continues to reside in that member state or returns to that member state shall make himself or herself available to the employment services in the member state of residence . without prejudice to article 64 , a wholly unemployed person may , as a supplementary step , make himself or herself available to the employment services of the member state in which he or she pursued his or her last activity as an employed or self - employed person . an unemployed person , other than a frontier worker , who does not return to his or her member state of residence , shall make himself or herself available to the employment services in the member state to whose legislation he or she was last subject . 3 . the unemployed person referred to in the first sentence of paragraph 2 shall register as a person seeking work with the competent employment services of the member state in which he or she resides , shall be subject to the control procedure organised there and shall adhere to the conditions laid down under the legislation of that member state . if he or she chooses also to register as a person seeking work in the member state in which he or she pursued his or her last activity as an employed or self - employed person , he or she shall comply with the obligations applicable in that state . 4 . the implementation of the second sentence of paragraph 2 and of the second sentence of paragraph 3 , as well as the arrangements for exchanges of information , cooperation and mutual assistance between the institutions and services of the member state of residence and the member state in which he or she pursued his or her last occupation , shall be laid down in the implementing regulation . 5 . the unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the member state of residence as if he or she had been subject to that legislation during his or her last activity as an employed or self - employed person . those benefits shall be provided by the institution of the place of residence . 5a . however , a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the member state to whose legislation he or she was last subject shall first receive , on his or her return to the member state of residence , benefits in accordance with article 64 , receipt of the benefits in accordance with paragraph 5a being suspended for the period during which he or she receives benefits under the legislation to which he or she was last subject . 5b . the benefits provided by the institution of the place of residence under paragraph 5a and 5b shall continue to be at its own expense . the competent institution of the member state to whose legislation he / she was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first four months . reimbursement for that period shall be claimed only on condition that the person concerned has , during the 12 months preceding the reimbursement period , completed periods of at least three months in the member state to whose legislation he or she was previously subject and where such periods would qualify for the purposes of establishing entitlement to unemployment benefits in that member state . the amount of the reimbursement during that period shall not be higher than the amount payable , according to the following rules : number of calendar days subject to the reimbursement period ; multiplied by : the average amount per calendar day of the unemployment benefits of the competent member state of the previous calendar year . 5c . a second request for reimbursement by the same unemployed person shall be admissible no earlier than one year after expiry of the previous reimbursement period . 5d . from the end of the 18 - month period referred to in article 67 of the implementing regulation , interest may be charged by the creditor institution on outstanding claims . the interest shall be calculated in accordance with article 68 of the implementing regulation with a supplement of 8 % above the base rate . 5e . during the reimbursement procedure requests or reactions to requests or notifications have to be answered within a period of six months . should the deadline be exceeded , the reimbursement request is considered to be accepted . 5f . the arrangements for reimbursement are laid down in the implementing regulation . 5f . for the purposes of paragraphs 5b to 5e , two or more member states , or their competent authorities , may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction . ”


### article 25 pensions under the legislation of one or more member states other than the member state of residence , where there is a right to benefits in kind in the latter member state where the person receiving a pension or pensions under the legislation of one or more member states resides in a member state under whose legislation the right to receive benefits in kind is not subject to conditions of insurance , or of activity as an employed or self - employed person , and no pension is received from that member state , the cost of benefits in kind provided to him / her and to members of his / her family shall be borne by the institution of one of the member states competent in respect of his / her pensions determined in accordance with article 24 , to the extent that the pensioner and the members of his / her family would be entitled to such benefits if they resided in that member state . ### article 25 is replaced by the following : “article 25 pensions under the legislation of one or more member states other than the member state of residence , where there is a right to benefits in kind in the latter member state where the person receiving a pension or pensions under the legislation of one or more member states resides in a member state under whose legislation the right to receive benefits in kind is not subject to conditions of insurance , or of activity as an employed or self - employed person , and no pension is received from that member state , the cost of benefits in kind provided to him / her and to members of his / her family shall be borne by the institution of one of the member states competent in respect of his / her pensions determined in accordance with article 24 , to the extent that the pensioner and the members of his / her family would be entitled to benefits if they resided in that member state . ”


### article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of health and the probable course of illness of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . ### article 26 is replaced by the following : ' article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment or long - term care ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment or long - term care can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of need of long - term care and the probable course of need of long - term care of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or , in the case of the need for long - term care , by a doctor or another expert of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate or appropriate taking into account the current state of need for long - term care to supplement the treatment or long - term care covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment or long - term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment or long - term care in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment or long - term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long - term care had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment or long - term care 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long - term care of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment or long - term care in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . '


### rights available on the basis of an activity as an employed or self - employed person of the insured person ; ### rights available on the basis of an activity as an employed or self - employed person of the insured person , including rights existing in the application of article 11 or ;


### if a recipient of long - term care benefits in cash , which have to be treated as sickness benefits and are therefore provided by the member state competent for cash benefits under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ### in article 34 , paragraph 1 is replaced by the following : “1 . if a recipient of long - term care benefits in cash , which is provided under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of those benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ”


### for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one . ### in article 25 , paragraph 1 is replaced by the following : ' 1 . for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care or long - term care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one . '


### by way of derogation from paragraph 1 , a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent member state shall make himself or herself available to the employment service of the member state of residence . such a person 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 under the legislation of that member state . those benefits shall be provided by the institution of the member state of residence . alternatively , a wholly unemployed person referred to in this paragraph , who would be entitled to an unemployment benefit solely under the national legislation of the competent member state if he or she resided there , may instead opt to make themselves available to the employment services in that member state and to receive benefits in accordance with the legislation of that member state as if he or she were residing there . ### by way of derogation from paragraph 1 , a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who had not completed at least 12 months of periods of insurance , employment or self - employment exclusively under the legislation of the competent member state shall make himself or herself available to the employment service of the member state of residence . such a person 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 under the legislation of that member state . those benefits shall be provided by the institution of the member state of residence . alternatively , a wholly unemployed person referred to in this paragraph , who would be entitled to an unemployment benefit solely under the national legislation of the competent member state if he or she resided there , may instead opt to make themselves available to the employment services in that member state and to receive benefits in accordance with the legislation of that member state as if he or she were residing there .


### “long - term care benefit” means any benefit in kind , cash or a combination of both for persons who , over an extended period of time , on account of old - age , disability , illness or impairment , require considerable assistance from another person or persons to carry out essential daily activities , including to support their personal autonomy ; this includes benefits granted to or for the person providing such assistance ; ### “long - term care benefit” means a benefit in kind or in cash , the purpose of which is to address the care needs of a person who , on account of impairment , requires assistance from another person or persons to carry out essential daily activities of daily living for an extended period of time in order to support his / her personal autonomy ; this includes benefits granted for the same purpose to the person providing such assistance ;


### an unemployed person 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 himself or herself available to the former employer or to the employment services in the competent member state . 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 . these benefits shall be provided by the institution of the competent member state . ### an unemployed person 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 , and who has been subject to the legislation of the competent member state for at least five consecutive years , may opt to make himself or herself available to the employment services in the competent member state . 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 . these benefits shall be provided by the institution of the competent member state if he or she complies with national legislation , including the monitoring requirements of the competent member state . a person who is wholly unemployed may , in addition , make himself or herself available to the employment services in the member state of residence .


### article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , 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 the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , 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 , these contributions shall not be payable by virtue of such residence . ### article 30 is replaced by the following : “article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity and long - term care 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 the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity and long - term care benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ”


### the interest shall be calculated on the basis of the reference rate applied by the european central bank to its main refinancing operations . the reference rate applicable shall be that in force on the first day of the month on which the payment is due . ### in article 68 , paragraph 2 is replaced by the following : ' 2 . the interest shall be calculated on the basis of the reference rate applied by the european central bank to its main refinancing operations plus 8 percentage points . the reference rate applicable shall be that in force on the first day of the month on which the payment is due . '


### a frontier worker who retires is entitled in case of sickness to continue to receive benefits in kind in the member state where he last pursued his activity as an employed or self - employed person , insofar as this is a continuation of treatment which began in that member state . the term ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . ### in article 28 , the first subparagraph is replaced by the following : “1 . a frontier worker who retires because of old - age or invalidity is entitled in the event of sickness or the need for long - term care to continue to receive benefits in kind in the member state where he / she last pursued his or her activity as an employed or self - employed person , in so far as this is a continuation of treatment or long - term care which began in that member state . the term ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . the term ' continuation of long - term care ' means the continued granting of long - term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date . ”


### ' article 79 funding of activities in the social security field in connection with this regulation and the implementing regulation , the european commission may fund in full or in part : activities aimed at improving exchanges of information between the social security authorities and institutions of the member states , particularly the electronic exchange of data ; 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 . ### article 79 is amended as follows : “article 79 funding of activities in the social security field in connection with this regulation and the implementing regulation , the commission of the european communities shall fund in full or in part : the establishment of a european crossroads bank for social security to improve monitoring of compliance with the posting conditions and payment of social security contributions ; the introduction of a european social identity card . in connection with this regulation and the implementing regulation , the commission of the european communities may fund in full or in part : activities aimed at improving exchanges of information between the social security authorities and institutions of the member states , particularly the electronic exchange of data ; 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 . ”


### the benefits in kind referred to in article 19 of the basic regulation shall refer to the benefits in kind which are provided in the member state of stay , in accordance with its legislation , and which become necessary on medical grounds with a view to preventing an insured person from being forced to return , before the end of the planned duration of stay , to the competent member state to obtain the necessary treatment . ### in article 25 , paragraph 3 is replaced by the following : ' 3 . the benefits in kind referred to in article 19 of the basic regulation shall refer to the benefits in kind which are provided in the member state of stay , in accordance with its legislation , and which become necessary on medical grounds or due to the need for long - term care with a view to preventing an insured person from being forced to return , before the end of the planned duration of stay , to the competent member state to obtain the necessary treatment . '


### an insured person who is authorised by the competent institution to go to another member state with the purpose of receiving the treatment appropriate to his / her condition shall receive the benefits in kind provided , on behalf of the competent institution , by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though he / she were insured under the said legislation . the authorisation shall be accorded where the treatment in question is among the benefits provided for by the legislation in the member state where the person concerned resides and where he / she cannot be given such treatment within a time limit which is medically justifiable , taking into account his / her current state of health and the probable course of his / her illness . ### in article 20 , paragraph2 is replaced by the following : “2 . an insured person who is authorised by the competent institution to go to another member state with the purpose of receiving the treatment or long - term care appropriate to his / her condition shall receive the benefits in kind provided , on behalf of the competent institution , by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though he / she were insured under the said legislation . the authorisation shall be accorded where the treatment or long - term care in question is among the benefits provided for by the legislation in the member state where the person concerned resides and where he / she cannot be given such treatment within a time limit which is medically justifiable , taking into account his / her current state of health and the probable course of his / her illness or within a time limit which is justifiable , taking into account his or her current state of need of long - term care and the probable course of his or her need of long - term care . ”


### 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 last activity as an employed or self - employed person under the said legislation . ### in article 62 , paragraph 1 is replaced by the following : “1 . 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 activities as an employed or self - employed person under the said legislation . the salary or professional income to be taken into account for the calculation of the benefits shall be determined on the basis of the legislation of the competent member state . if no such salary or professional income has been received , the benefits shall be calculated on the basis of the relevant legislation of the competent member state . this paragraph shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary 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 . ”


### to ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more member states in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single member state . moreover , the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the member state of origin . ### to ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more member states in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single member state . moreover , the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the member state of origin involving membership for at least three months .


### 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 / her last activity as an employed or self - employed person under the said legislation . ### in article 62 , paragraph 1 is replaced by the following : “1 . 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 / her last activity or activities as an employed or self - employed person under the said legislation . ”


### article 65 unemployed persons who resided in a member state other than the competent state an unemployed person 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 himself or herself available to the former employer or to the employment services in the competent member state . 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 . these benefits shall be provided by the institution of the competent member state . 2 . by way of derogation from paragraph 1 , a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent member state shall make himself or herself available to the employment service of the member state of residence . such a person 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 under the legislation of that member state . those benefits shall be provided by the institution of the member state of residence . alternatively , a wholly unemployed person referred to in this paragraph , who would be entitled to an unemployment benefit solely under the national legislation of the competent member state if he or she resided there , may instead opt to make themselves available to the employment services in that member state and to receive benefits in accordance with the legislation of that member state as if he or she were residing there . 3 . if a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent member state after having been registered there , and wishes to seek work in the member state of residence or the member state of last activity article 64 shall apply mutatis mutandis , except article 64 . the competent institution may extend the period referred to in the first sentence of article 64 up to the end of the period of entitlement to benefits . 4 . a wholly unemployed person referred to in this article may in addition to making themselves available to the employment services of the competent member state also make themselves available to the employment services of the other member state . 5 . paragraphs 2 to 4 of this article shall not apply to a person who is partially or intermittently unemployed . ### article 65 unemployed persons who resided in a member state other than the competent state a person who is partially or intermittently unemployed and who , during his / her last activity as an employed or self - employed person , resided in a member state other than the competent member state shall make himself or herself available to the employer or to the employment services in the competent member state . 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 . those benefits shall be provided by the institution of the competent member state . 2 . a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who continues to reside in that member state or returns to that member state shall make himself or herself available to the employment services in the member state of residence . without prejudice to article 64 , a wholly unemployed person may , as a supplementary step , make himself or herself available to the employment services of the member state in which he or she pursued his or her last activity as an employed or self - employed person . an unemployed person , other than a frontier worker , who does not return to his or her member state of residence , shall make himself or herself available to the employment services in the member state to whose legislation he or she was last subject . 3 . the unemployed person referred to in the first sentence of paragraph 2 shall register as a person seeking work with the competent employment services of the member state in which he or she resides , shall be subject to the control procedure organised there and shall adhere to the conditions laid down under the legislation of that member state . if he or she chooses also to register as a person seeking work in the member state in which he or she pursued his or her last activity as an employed or self - employed person , he or she shall comply with the obligations applicable in that state . 4 . the implementation of the second sentence of paragraph 2 and of the second sentence of paragraph 3 , as well as the arrangements for exchanges of information , cooperation and mutual assistance between the institutions and services of the member state of residence and the member state in which he or she pursued his or her last occupation , shall be laid down in the implementing regulation . 5 . the unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the member state of residence as if he or she had been subject to that legislation during his or her last activity as an employed or self - employed person . those benefits shall be provided by the institution of the place of residence . 5a . however , a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the member state to whose legislation he or she was last subject shall first receive , on his or her return to the member state of residence , benefits in accordance with article 64 , receipt of the benefits in accordance with paragraph 5a being suspended for the period during which he or she receives benefits under the legislation to which he or she was last subject . 5b . the benefits provided by the institution of the place of residence under paragraph 5a and 5b shall continue to be at its own expense . the competent institution of the member state to whose legislation he / she was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first four months . reimbursement for that period shall be claimed only on condition that the person concerned has , during the 12 months preceding the reimbursement period , completed periods of at least three months in the member state to whose legislation he or she was previously subject and where such periods would qualify for the purposes of establishing entitlement to unemployment benefits in that member state . the amount of the reimbursement during that period shall not be higher than the amount payable , according to the following rules : number of calendar days subject to the reimbursement period ; multiplied by : the average amount per calendar day of the unemployment benefits of the competent member state of the previous calendar year . 5c . a second request for reimbursement by the same unemployed person shall be admissible no earlier than one year after expiry of the previous reimbursement period . 5d . from the end of the 18 - month period referred to in article 67 of the implementing regulation , interest may be charged by the creditor institution on outstanding claims . the interest shall be calculated in accordance with article 68 of the implementing regulation with a supplement of 8 % above the base rate . 5e . during the reimbursement procedure requests or reactions to requests or notifications have to be answered within a period of six months . should the deadline be exceeded , the reimbursement request is considered to be accepted . 5f . the arrangements for reimbursement are laid down in the implementing regulation . 5f . for the purposes of paragraphs 5b to 5e , two or more member states , or their competent authorities , may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction . ”


### article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , 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 the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , 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 , these contributions shall not be payable by virtue of such residence . ### article 30 is replaced by the following : “article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity and long - term care 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 the said member state . 2 . where in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity and long - term care benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ”


### family benefits in cash intended to replace income during a periods of child - raising are individual rights which are personal to the parent subject to the legislation of the competent member state . given the specific nature of these family benefits , such benefits should be listed in part i of annex xiii to this regulation and should be exclusively reserved to the parent concerned . the member state with secondary competence may elect that the rules of priority in the case of overlapping of 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 should not apply to such benefits . where a member state chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in part ii of annex xiii . ### 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 for the necessary clarifications and simplifications . taking into account the particular nature of the various family benefits of the member states , two types of family benefit should not be of the same kind and should be distinguished on the basis of their main purpose , objectives and the basis on which they are granted .


### –the elements to verified before the document can be issued , ### –the elements to be verified before the document can be issued , rectified or withdrawn ,


### if a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent member state after having been registered there , and wishes to seek work in the member state of residence or the member state of last activity article 64 shall apply mutatis mutandis , except article 64 . the competent institution may extend the period referred to in the first sentence of article 64 up to the end of the period of entitlement to benefits . ### if a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent member state after having been registered there , and wishes to seek work in the member state of residence or the member state of last activity article 64 shall apply mutatis mutandis , except article 64 , thus enabling frontier workers to be exempted from the four weeks of prior registration in the competent state before being able to export their entitlements to their state of residence . the competent institution may extend the period referred to in the first sentence of article 64 up to the end of the period of entitlement to benefits .


### –the issuance , the format and the contents of a portable document certifying the social security legislation which applies to the holder , ### –the issuance , the electronic format and the contents of a standardised , forgery - proof portable document certifying the social security legislation which applies to the holder and including a european social security number ,


### however , if the institution which was requested to carry out the check also uses the findings for the granting of benefits to the person concerned under the legislation it applies , it shall not claim the expenses referred to in the previous sentence . . ### however , if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies , it shall not claim the expenses referred to in the previous sentence . .


### 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 18 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 . ### in 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 18 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 . the liaison body of the creditor member state shall reply to such a rejection within 12 months of the end of the month during which the rejection was received . in the absence of such a reply , the rejection shall be deemed to be accepted . '


### “long - term care benefit” means any benefit in kind , cash or a combination of both for persons who , over an extended period of time , on account of old - age , disability , illness or impairment , require considerable assistance from another person or persons to carry out essential daily activities , including to support their personal autonomy ; this includes benefits granted to or for the person providing such assistance ; ### “long - term care benefit” means a benefit in kind or in cash , the purpose of which is to address the care needs of a person who , on account of impairment , requires assistance from another person or persons to carry out essential daily activities of daily living for an extended period of time in order to support his / her personal autonomy ; this includes benefits granted for the same purpose to the person providing such assistance ;


### article 25 pensions under the legislation of one or more member states other than the member state of residence , where there is a right to benefits in kind in the latter member state where the person receiving a pension or pensions under the legislation of one or more member states resides in a member state under whose legislation the right to receive benefits in kind is not subject to conditions of insurance , or of activity as an employed or self - employed person , and no pension is received from that member state , the cost of benefits in kind provided to him / her and to members of his / her family shall be borne by the institution of one of the member states competent in respect of his / her pensions determined in accordance with article 24 , to the extent that the pensioner and the members of his / her family would be entitled to such benefits if they resided in that member state . ### article 25 is replaced by the following : “article 25 pensions under the legislation of one or more member states other than the member state of residence , where there is a right to benefits in kind in the latter member state where the person receiving a pension or pensions under the legislation of one or more member states resides in a member state under whose legislation the right to receive benefits in kind is not subject to conditions of insurance , or of activity as an employed or self - employed person , and no pension is received from that member state , the cost of benefits in kind provided to him / her and to members of his / her family shall be borne by the institution of one of the member states competent in respect of his / her pensions determined in accordance with article 24 , to the extent that the pensioner and the members of his / her family would be entitled to benefits if they resided in that member state . ”


### the benefits in kind referred to in article 19 of the basic regulation shall refer to the benefits in kind which are provided in the member state of stay , in accordance with its legislation , and which become necessary on medical grounds with a view to preventing an insured person from being forced to return , before the end of the planned duration of stay , to the competent member state to obtain the necessary treatment . ### article 25 paragraph 3 is replaced by the following : ' 3 . the benefits in kind referred to in article 19 of the basic regulation shall refer to the benefits in kind which are provided in the member state of stay , in accordance with its legislation , and which become necessary on medical grounds or due to the need for long - term care with a view to preventing an insured person from being forced to return , before the end of the planned duration of stay , to the competent member state to obtain the necessary treatment . '


### a person who normally pursues an activity as an employed person in two or more member states shall be subject : to the legislation of the member state of residence if he / she pursues a substantial part of his / her activity in that member state ; or if he / she does not pursue a substantial part of his / her activity in the member state of residence : to the legislation of the member state in which the registered office or place of business of the undertaking or employer is situated if he / she is employed by one undertaking or employer ; or to the legislation of the member state in which the registered office or place of business of the undertakings or employers is situated if he / she is employed by two or more undertakings or employers which have their registered office or place of business in only one member state ; or to the legislation of the member state in which the registered office or place of business of the undertaking or employer is situated other than the member state of residence if he / she is employed by two or more undertakings or employers , which have their registered office or place of business in two member states , one of which is the member state of residence ; or to the legislation of the member state of residence if he / she is employed by two or more undertakings or employers , at least two of which have their registered office or place of business in different member states other than the member state of residence . ' . ### article 13 is amended as follows : a person who normally pursues an activity as an employed person in two or more member states shall be subject : to the legislation of the member state of residence if he / she pursues a substantial part of his / her activity in that member state , if he / she does not pursue a substantial part of his / her activity in his / her member state of residence : the legislation of the member state in which the registered office or place of business of the undertaking or employer employing him / her is situated and in which the undertaking or employer pursues a substantial part of its activities ; to the legislation of the member state in which the employee carries out his / her predominant activity in situations where is not applicable .


### –the issuance , the format and the contents of a portable document certifying the social security legislation which applies to the holder , ### –the issuance , the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder ,


### for the purposes of the application of article 12 of the basic regulation , 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 posted within the meaning of the directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another member state ' shall include a person who is recruited with a view to being posted or sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation . . __________________ 52 oj l 018 , 21 . 01 . 1997 p . 1 . ### for the purposes of the application of article 12 of the basic regulation , 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 ' shall include a person who is recruited with a view to being sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation .