Procedures for the application of Article 11(3), points (b) and (d), Article 11(4) and Article 12 of the basic Regulation (on the provision of information to the institutions concerned)
Article 2
Regulation (EC) No 987/2009 is amended as follows: (1) the following recital is inserted: ‘(12a) For the purpose of identifying the registered office or place of business of an undertaking, where a person pursues activity in two or more Member States, a series of factors should be taken into account to determine where the essential decisions of the undertaking are adopted and where the functions of the central administration are carried out. Examples of such factors are the turnover, the places where its general meetings are held, and the habitual nature of the activity pursued. The list of example factors is non-exhaustive and other factors may be relevant for determining the location of the registered office or place of business of an undertaking, in the framework of an overall assessment, giving due weight to each relevant factor according to the circumstances of the case.’ ; (2) the following recitals are inserted: ‘(13a) Where an employed or self-employed person pursues his or her activity in a Member State other than the competent Member State pursuant to Article 12 of the basic Regulation, the competent institution of the Member State whose legislation is applicable should be informed thereof in advance and an attestation as referred to in Article 19(2) of this Regulation should be requested. Provision of information prior to the pursuit of the activity enables competent institutions to assess the situation of the persons concerned in advance and to ensure, from the outset, the correct determination and application of the social security legislation applicable, pursuant to Title II of the basic Regulation, thereby facilitating the exercise of freedom of movement for workers and of freedom to provide services, and increasing legal certainty as regards the social security coverage of the person concerned. It also allows for better coordination between national authorities, including the planning of controls. Where justified on the basis of the nature or length of the activity, it is appropriate to provide that the provision of such prior information and, in particular, the obligation to request such an attestation, should not apply to business trips or activities with a total duration of no more than three consecutive days of work within a period of 30 consecutive days. (13b) Activities in the construction sector exhibit specific characteristics, such as to distinguish them from activities in other economic sectors. The high number of posted workers in the construction sector account for a high share of PDA1s issued under Article 12 of the basic Regulation and available analyses indicate that fraud, irregularities or abusive practices are often detected in relation to those activities. Available data also indicate that both the number of accidents at work, including fatal accidents, and the incidence rate of accidents at work are particularly high in the construction sector. The combination of those characteristics means that exempting activities in the construction sector from the obligation to inform the competent institution and to request the attestation concerning the applicable legislation, in advance, in the case of activities of up to three days’ duration could jeopardise the attainment of the objectives pursued by the basic Regulation and by this Regulation. Furthermore, maintaining that obligation for activities in the construction sector contributes to the enforcement work of national labour inspectorates or other competent authorities, which will benefit from the data generated for the purpose of carrying out risk assessments and effectively detecting fraudulent or abusive practices. (13c) In order to ensure the proper application of this Regulation, it is of the utmost importance to ensure compliance with the obligation to inform the competent institution and to request the attestation concerning the applicable legislation, in advance. To that end, Member States may, in accordance with national law, resort to taking proportionate measures against the employer or, in the case of a person who does not pursue an activity as an employed person, against the person concerned, for failure to comply with those obligations. (13d) In order to support job seekers in their search for work, taking into account the realities of cross-border regions, Member States should encourage members and partners of the European network of employment services (EURES) to participate in specific cooperation and service structures, and ensure that job seekers who reside in a Member State other than the competent Member State have access to the support services provided in cross-border regions. (13e) Where an unemployed person receiving unemployment benefits decides to go to another Member State to seek work there, the Member State paying the benefits and the Member State where the person goes to seek work should inform the person concerned about the support services provided by EURES including through its portal, and the possibility to register with EURES to enhance his or her chances of finding work in the other Member State. The Member State paying the benefits may consider providing the person concerned with guidance to register with EURES.’ ; (3) the following recital is inserted: ‘(18a) Certain specific rules and procedures are required for the reimbursement of the cost of benefits incurred by a Member State of residence where the persons concerned are insured in a different Member State. Member States that claim reimbursement of the cost of benefits in kind on the basis of fixed amounts should notify the annual average costs per person within a given deadline to allow reimbursement as promptly as possible.’ ; (4) recital 19 is replaced by the following: ‘(19) Procedures between institutions for mutual assistance in the recovery of social security claims should be strengthened in order to ensure more effective recovery and smooth functioning of social security schemes. Effective recovery is also a means of preventing and tackling abuses and fraud and of ensuring the sustainability of social security schemes. This involves the adoption of new procedures, taking as a basis a number of existing provisions in Council Directive 2010/24/EU ( *17 ) , in particular through the adoption of a uniform instrument for enforcement and the adoption of standard procedures for requesting mutual assistance and notification of instruments and measures relating to the recovery of social security claims. ( *17 ) Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures ( OJ L 84, 31.3.2010, p. 1 , ELI: http://data.europa.eu/eli/dir/2010/24/oj ).’;" (5) the following recitals are added: ‘(25) The action to combat fraud and error is part of the proper implementation of Regulation (EC) No 883/2004 and this Regulation. It is, therefore, in the interest of legal certainty that this Regulation contains a clear legal basis for permitting competent institutions to exchange personal data with relevant authorities in other Member States relating to persons whose rights and obligations under Regulation (EC) No 883/2004 and this Regulation have already been established or to whom those Regulations apply, in order to prevent or identify fraud and error as part of the ongoing proper implementation of those Regulations. It is also necessary to ensure that such exchanges are made in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council ( *18 ) . In addition, for the purpose of combating fraud and error and in order to provide accurate and efficient service for the mobile citizens, Regulation (EC) No 883/2004 and this Regulation need to provide a clear legal basis for the Member States to exchange information with each other, either at an individual level concerning individual cases or at a general level with data matching. (26) In order to protect the rights of the persons concerned, Member States should ensure that any data requests and responses are necessary for and proportionate to the proper implementation of Regulation (EC) No 883/2004 and this Regulation, ( *18 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/679/oj ).’;" (6) in Article 1(2), the following points are inserted: ‘(ea) “fraud” means any intentional act or any intentional omission to act, in order to obtain or receive social security benefits or to avoid paying social security contributions, contrary to the law of the Member State concerned, to the basic Regulation or to the implementing Regulation; (eb) “business trip” means a temporary activity as an employed or self-employed person, which is limited in time and which is related to the business interests of the employer or, in the case of a self-employed person, the person concerned, excluding the provision of services or the delivery of goods, but including attending business meetings, cultural and scientific events, conferences and seminars, such as those related to academic research, or receiving training;’ ; (7) Article 2 is amended as follows: (a) the following paragraph is inserted: ‘2a. The institutions shall also exchange data necessary to detect changes in circumstances relevant to such rights and obligations of the persons to whom the basic Regulation applies, as well as to detect inaccuracies in the data on which those rights are based. Those data may be verified by comparing them with those of the institution of the other Member State concerned using electronic means of data exchange or access granted to the other institution’s database. Such verification may concern individual cases or may be used to compare the data on multiple persons simultaneously. Any request for information and any response to that request shall be necessary and proportionate.’ ; (b) the following paragraphs are added: ‘5. The Administrative Commission shall draw up an indicative list of the types of data subject to the exchange of data under paragraph 2a. The Commission shall give that list the necessary publicity. 6. The data exchanges under paragraph 2a shall comply with Regulation (EU) 2016/679 in accordance with Article 77 of the basic Regulation. Where necessary, the Administrative Commission shall identify which entities are to be entitled to carry out such exchanges. Any decision taken on the basis of the data emanating from such data exchanges shall be based on sufficient evidence and shall be subject to effective remedies.’ ; (8) in Article 3, paragraph 3 is deleted; (9) in Article 5, paragraphs 2, 3 and 4 are replaced by the following: ‘2. The institution of the Member State that receives the document shall, without delay, notify the issuing institution in the event that any mandatory information has not been provided. The issuing institution shall either rectify the document as soon as possible or confirm that the conditions for issuing the document are not fulfilled. Where the mandatory information missing is not provided within 30 working days, the institution of the Member State that receives the document may proceed as if the document had never been issued. In that event, that institution shall inform the issuing institution accordingly. 3. Without prejudice to Article 19a, where there is doubt about the validity of a document or the accuracy of the facts on which the document is based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal or rectification of that document. The issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw or rectify it. 4. Where there is doubt about the information provided by the persons concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the document is based, any institution concerned shall, insofar as this is possible, at the request of the competent institution, verify the information or document. 5. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it. In endeavouring to reconcile the different points of view, the Administrative Commission may, pursuant to Article 72, point (a), of the basic Regulation, adopt a decision on the interpretation of the relevant provisions of the basic Regulation or of the implementing Regulation. The competent authorities and institutions concerned shall take the necessary measures to apply such a decision, without prejudice to the right of the authorities, institutions and the persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States, by the implementing Regulation or by the Treaty on European Union and the Treaty on the Functioning of the European Union.’ ; (10) Article 14 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. For the purposes of the application of Article 12(1) 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 for a period of at least three months immediately before the start of his or her employment, the person concerned has already been subject to the legislation of the Member State in which the employer is established.’ ; (b) the following paragraph is inserted: ‘1a. After a person has pursued an activity as an employed or self-employed person in another Member State pursuant to Article 12(1) or (2) of the basic Regulation for a total of 24 months, with interruptions of no longer than two months, Article 12(1) or (2) of the basic Regulation shall not apply to that person with regard to that Member State until at least two months have elapsed from the end of the previous period of activity there. In specific circumstances, a derogation may be granted pursuant to Article 16(1) of the basic Regulation.’ ; (c) paragraph 3 is replaced by the following: ‘3. For the purposes of the application of Article 12(2) of the basic Regulation, the words “who normally pursues an activity as a self-employed person” shall refer to a person who habitually carries out substantial activities in the territory of the Member State in which he or she is established. In particular, that person must have already pursued his or her activity for a period of at least three months before the date on which he or she wishes to take advantage of the provisions of that Article and, during any period of temporary activity in another Member State, must continue to fulfil, in the Member State where he or she is established, the requirements for the pursuit of his or her activity in order to be able to pursue it on his or her return.’ ; (d) paragraph 5a is replaced by the following: ‘5a. For the purpose of the application of Title II of the basic Regulation, “registered office or place of business” shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out. The identification of the registered office or place of business relevant for determining applicable legislation shall be carried out in the framework of an overall assessment, based on factors relevant to the case, due weight being given to each relevant factor depending on the circumstances of the case. The Administrative Commission shall lay down the detailed arrangements for the determination.’ ; (e) paragraph 10 is replaced by the following: ‘10. The determination of the applicable legislation under Article 13 of the basic Regulation shall apply for a maximum of 24 months, taking into account the situation projected for the following 12 calendar months. Once the period of 24 months has elapsed, the applicable legislation shall be reassessed in the light of the situation of the person concerned.’ ; (f) the following paragraph is added: ‘12. For the purpose of applying Article 13 of the basic Regulation, in relation to a person who resides outside the territory of the Union and pursues his or her activities as an employed or self-employed person in two or more Member States, the provisions of the basic Regulation and of the implementing Regulation on the determination of the applicable legislation shall apply mutatis mutandis , provided that that person’s residence is deemed to be in the Member State where he or she pursues the major part of his or her activities in terms of working time within the territory of the Union.’ ; (11) Article 15 is replaced by the following: ‘Article 15 Procedures for the application of Article 11(3), points (b) and (d), Article 11(4) and Article 12 of the basic Regulation (on the provision of information to the institutions concerned) 1. Where, pursuant to Article 12 of the basic Regulation, a person pursues his or her activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable accordingly before the start of the activity and shall request the attestation referred to in Article 19(2) of the implementing Regulation. 1a. Upon receipt of the request referred to in paragraph 1, the competent institution shall issue an attestation of the legislation applicable to the person concerned. Where that attestation is not issued immediately, it shall issue an automatic acknowledgement of receipt of the request, which shall constitute evidence showing that the competent institution has been informed in accordance with paragraph 1. The competent institution shall, without delay, make available to the institution designated by the competent authority of the Member State in which the activity is pursued the relevant information concerning the legislation applicable to that person or, where that information is not yet available, information concerning the acknowledgment of receipt. 1b. Paragraphs 1 and 1a shall not apply to business trips. Moreover, with the exception of activities in the construction sector as defined in Annex 6, paragraphs 1 and 1a shall not apply to activities with a total duration of no more than three consecutive days of work within a period of 30 consecutive days. 1c. In situations falling under Article 12 of the basic Regulation, where no attestation as referred to in Article 19(2) of the implementing Regulation has been issued, the employer or, in the case of a self-employed person, the person concerned, at the request of the competent institution of the Member State in which the activity is pursued, shall provide either the acknowledgment of receipt referred to in paragraph 1a of this Article, or evidence showing that the activity falls under an exemption as referred to in paragraph 1b of this Article. Employers shall remain responsible for providing the necessary evidence and supplying persons pursuing an activity as an employed person in another Member State with the relevant supporting documents for that purpose. Such evidence may be provided in paper or electronic form. 1d. Where the competent institution of the Member State where the activity is carried out has a doubt about the information provided by the employer or the person concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the document is based, that institution may request the competent institution of the Member State whose legislation is applicable to provide further information. Article 19a and Article 20(3) and (4) shall apply. 2. Where a person covered by Article 11(3), point (b) or (d), of the basic Regulation pursues his or her activity in a Member State other than the competent Member State, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned, shall inform the competent institution of the Member State whose legislation is applicable accordingly, whenever possible before the start of the activity. That institution shall, without delay, make information concerning the legislation applicable to the person concerned available to that person and to the institution designated by the competent authority of the Member State in which the activity is pursued. Paragraph 1b of this Article shall apply mutatis mutandis . 3. An employer within the meaning of Article 11(4) of the basic Regulation who has an employee on board a vessel flying the flag of another Member State shall, whenever possible in advance, inform the competent institution of the Member State whose legislation is applicable accordingly, pursuant to Article 11(4), second sentence, of the basic Regulation. That institution shall, without delay, make information concerning the legislation applicable to the person concerned, pursuant to Article 11(4) of the basic Regulation, available to the institution designated by the competent authority of the Member State whose flag, the vessel on which the employee performs the activity, is flying.’ ; (12) Article 16 is amended as follows: (a) paragraphs 1, 2 and 3 are replaced by the following: ‘1. A person who pursues activities in two or more Member States shall inform the institution designated by the competent authority of the Member State of residence accordingly. That information may also be provided by the employer on the person’s behalf. 2. The designated institution of the place of residence shall without delay determine the legislation applicable to the person concerned, having regard to Article 13 of the basic Regulation and Article 14 of the implementing Regulation. If that institution determines that the legislation of the Member State of residence applies, it shall inform the designated institutions of each Member State in which an activity is pursued or in which the employer is situated of its determination of the applicable legislation. 3. If the designated institution of the place of residence determines that the legislation of another Member State applies, the determination shall be provisional, and the institution shall, without delay, inform the designated institutions of each Member State in which an activity is pursued or in which the employer is situated of this provisional determination of the applicable legislation. The provisional determination shall become definitive two months after the institutions designated by the competent authorities of the Member States concerned being informed of it, unless at least one of those institutions informs the designated institution of the place of residence by the end of the two-month period that it cannot yet accept the provisional determination or that it takes a different view.’ ; (b) paragraph 5 is replaced by the following: ‘5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall, without delay, inform the person concerned and his or her employer of the determination.’ ; (13) Article 19 is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. The attestation shall be issued in a standardised format.’ ; (b) the following paragraph is added: ‘3. Whenever an institution is asked to issue an attestation pursuant to paragraph 2, it shall carry out a proper assessment of the facts relevant for the application of the rules laid down in Title II of the basic Regulation and shall confirm that the information contained in the attestation is correct.’ ; (14) the following article is inserted: ‘Article 19a Cooperation in the case of doubt about the validity of documents concerning the applicable legislation 1. Notwithstanding Article 5, where there is doubt about the validity of a document showing the situation of a person for the purposes of the applicable legislation or the accuracy of the facts on which the document is based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal or rectification of that document. The requesting institution shall substantiate its request and provide the relevant supporting documentation that gave rise to the request. 2. When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, where an error is detected, withdraw or rectify it within 30 working days of receipt of the request. The withdrawal or rectification shall have retroactive effect. However, where there is a risk of a disproportionate outcome, and in particular, of the loss of status as an insured person for the whole or part of the relevant period in all Member States concerned, the Member States shall consider whether to apply Article 16 of the basic Regulation. Where the issuing institution considers that, on the basis of the available evidence, there is no doubt that the applicant of the document has committed fraud, it shall withdraw or rectify the document without delay, with retroactive effect. 3. If the issuing institution, having reconsidered the grounds for issuing the document, is unable to detect any error, it shall forward to the requesting institution all available evidence within 30 working days of receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated and substantiated in the request, the evidence shall be forwarded within ten working days of receipt of the request, including where the issuing institution has not completed its deliberations pursuant to paragraph 2. 4. Where the requesting institution, after receiving the available evidence, continues to have doubts regarding the validity of a document, the accuracy of the facts on which the particulars contained therein are based, or the accuracy of the information upon which the document was issued, it may submit evidence to that effect and make a further request for clarification and, where appropriate, for the withdrawal or rectification of that document by the issuing institution in accordance with the procedure and timeframes set out in this Article. 5. If the doubts of the receiving institution persist and no agreement between the institutions concerned is reached, Article 5(5) shall apply.’ ; (15) in Article 20, the following paragraphs are added: ‘3. For the purpose of the application of Title II of the basic Regulation, the institutions of the Member States shall, without prejudice to Article 19a of the implementing Regulation, respond to queries received from the institutions of the other Member States within 35 working days of receipt of the request. 4. Where a person pursues an activity as an employed or a self-employed person in another Member State without an attestation as referred to in Article 19(2) of the implementing Regulation, unless no attestation is required pursuant to Article 15 of the implementing Regulation, the relevant institution in that other Member State may request information concerning the legislation applicable to that person from the institution of the Member State whose legislation is prima facie applicable. If the requested institution does not reply within 35 working days of receipt of the request, the requesting institution may proceed as if no attestation had been issued and shall inform the requested institution accordingly. If the attestation is subsequently issued by the requested institution, that attestation shall, where appropriate, have retroactive effect.’ ; (16) in Title III, the title of Chapter 1 is replaced by the following: ‘Sickness, long-term care, maternity and equivalent paternity benefits’ ; (17) Article 25 is amended as follows: (a) 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 or her 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.’ ; (b) paragraph 3 is replaced by the following: ‘3. The benefits in kind referred to in Article 19(1) 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 or long-term care benefits’ ; (18) in Article 26, paragraph 4 is replaced by the following: ‘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 or a qualified person, in accordance with national law or practice, of its own choice in the Member State of residence or stay.’ ; (19) in Article 31, paragraph 2 is replaced by the following: ‘2. The competent institution shall also inform the institution of the place of residence or stay about the payment of long-term care benefits in cash where the legislation applied by the latter institution provides for the long-term care benefits in kind included in the list referred to in Article 33a(1) of the basic Regulation.’ ; (20) in Article 32, paragraph 1 is replaced by the following: ‘1. Where 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 or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of that 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.’ ; (21) in Article 43, paragraph 3 is replaced by the following: ‘3. The institution of each Member State shall calculate, under its applicable legislation, the amounts due that correspond to periods of voluntary or optional continued insurance which, under Article 53(3), point (c), of the basic Regulation, are not subject to another Member State’s rules relating to withdrawal, reduction or suspension.’ ; (22) in Article 54, paragraph 1 is replaced by the following: ‘1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to Article 60a of the basic Regulation. Without prejudice to the underlying obligations of the institutions involved, the person concerned may submit to the competent institution a document issued by the institution of the Member State to whose legislation he or she was subject in respect of his or her last activity as an employed or self-employed person specifying the periods completed under that legislation.’ ; (23) the following article is inserted: ‘Article 54a Procedures for the application of Article 61(2) of the basic Regulation 1. In the situation referred to in Article 61(2) of the basic Regulation, the unemployed person shall register as a person seeking work with the employment services of the Member State of the most recent period of insurance, employment or self-employment and shall submit a claim for benefits to the institution of that Member State. If the claim is submitted to the institution of the Member State referred to in Article 61(2) of the basic Regulation, that institution shall immediately forward the claim to the institution of the Member State of the most recent period of insurance, employment or self-employment for investigation. The date on which the initial claim was submitted shall apply to all institutions concerned. 2. Following the investigation of the claim by the institution of the Member State of the most recent period of insurance, employment or self-employment, if it is determined that the unemployed person does not satisfy the conditions for aggregation referred to in Article 61(1) of the basic Regulation, and it is evident from the information available to it that the unemployed person completed the necessary period to be entitled to receive benefits pursuant to Article 61(2) of the basic Regulation, it shall immediately send a document to the institution of the Member State referred to in that provision. If it is not evident that the unemployed person completed the period necessary to receive benefits pursuant to Article 61(2) of the basic Regulation, the institution of the Member State of the most recent period of insurance, employment or self-employment shall contact the institution of the Member State referred to in that provision prior to sending the document, in order to determine whether the period specified therein was completed in that Member State. 3. The document referred to in paragraph 2 shall include necessary information on the situation of the unemployed person. The Administrative Commission shall determine the format and content of the document.’ ; (24) Article 55 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. In order to be covered by Article 64, Article 64a(2) or Article 65(4) of the basic Regulation, an unemployed person going to another Member State shall inform the competent institution prior to his or her departure and shall request a document certifying that he or she retains his or her entitlement to benefits under the conditions laid down in Article 64(1), point (b), of the basic Regulation.’ ; (b) paragraphs 4 and 5 are replaced by the following: ‘4. The institution in the Member State to which the unemployed person has gone shall immediately send a document to the competent institution containing the date on which the unemployed person registered with the employment services and his or her new address. If, in the period during which the unemployed person remains entitled to benefits, any circumstance likely to affect the entitlement to benefits arises, the institution in the Member State to which the unemployed person has gone shall immediately send to the competent institution and to the person concerned a document containing the relevant information. The institution in the Member State to which the unemployed person has gone shall provide relevant information on a monthly basis concerning the follow-up to the unemployed person’s situation, in particular whether he or she is still registered with the employment services and is complying with organised checking and activation or job placement procedures. 5. The institution in the Member State to which the unemployed person has gone shall carry out or arrange for checks to be carried out, as if the person concerned were an unemployed person obtaining benefits under its own legislation. Where necessary, it shall immediately inform the competent institution if any circumstances likely to affect the unemployed person’s entitlement to benefits, such as the resumption of work, arise.’ ; (c) paragraph 7 is replaced by the following: ‘7. Paragraphs 2 to 6 of this Article shall apply mutatis mutandis to the situations covered by Article 64a(1) of the basic Regulation.’ ; (25) Article 56 is amended as follows: (a) the following paragraph is inserted: ‘-1. The competent institution shall inform wholly unemployed persons as referred to in Article 65(1), Article 65(2), third subparagraph, and in Article 65(3), of the basic Regulation of their rights and obligations and shall provide them with documents which include all necessary information related to the receipt of unemployment benefits in accordance with the relevant legislation. The relevant institutions shall provide each other with the information necessary to support the job-seeking activities of unemployed persons who reside in a Member State other than the competent Member State and shall inform each other of the applicable control procedures and conditions and the employment service to which those persons are to make themselves available. The institution of the Member State of residence shall, upon request of the competent institution, immediately inform the competent institution of any circumstances of which it is aware and which are likely to affect the entitlement to benefits, in particular if a wholly unemployed person has taken up employment or has become self-employed in the Member State of residence.’ ; (b) paragraph 1 is replaced by the following: ‘1. Where, pursuant to Article 65(6) of the basic Regulation, an unemployed person decides to make him or herself available to the employment services in the Member State not providing the benefits in addition to the Member State providing the benefits, by registering there as a person seeking work, he or she shall inform the institution and the employment services of the Member State providing the benefits. Where requested by the employment services of the Member State not providing the benefits, the employment services in the Member State that is providing the benefits shall send the relevant information concerning the unemployed person’s registration and his or her search for work. The employment services of the Member State not providing the benefits shall also, upon the request of the competent institution, immediately inform the competent institution of any circumstances of which they are aware and which are likely to affect the entitlement to benefits, in particular, if the wholly unemployed person has taken up employment or has become self-employed in the Member State of residence.’ ; (c) paragraph 3 is deleted; (26) the following article is inserted: ‘Article 56a Enhanced measures of support and cooperation for unemployed persons who resided in a Member State other than the competent Member State 1. The competent authorities or competent institutions of two or more Member States shall cooperate and may agree specific procedures and time limits concerning the follow-up to the unemployed person’s situations as well as other measures to facilitate the job-seeking activities of unemployed persons who reside in a Member State other than the competent Member State. 2. The Member States concerned shall ensure that unemployed persons referred to in Article 65 of the basic Regulation have access in each of their territories to the European network of employment services (EURES), and to the support services in cross-border regions, where available, in accordance with Regulation (EU) 2016/589 of the European Parliament and of the Council ( *19 ) . ( *19 ) Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 ( OJ L 107, 22.4.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/589/oj ).’;" (27) in Article 57, the title is replaced by the following: ‘Provisions for the application of Articles 60a, 61, 62, 64 and 65 of the basic Regulation regarding persons covered by a special scheme for civil servants’ ; (28) in Article 64(1), the first indent is replaced by the following: ‘— the index (i = 1, 2, 3 and 4) represents the four age groups used for calculating the fixed amounts: — i = 1: persons aged under 65, — i = 2: persons aged from 65 to 74, — i = 3: persons aged from 75 to 84, — i = 4: persons aged 85 and over,’ ; (29) Article 65 is replaced by the following: ‘Article 65 Notification of annual average costs 1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question. 2. The annual average costs notified pursuant to paragraph 1 shall be published each year in the Official Journal of the European Union, after approval by the Administrative Commission. 3. Where a Member State is unable to notify the annual average costs for a specific year by the deadline referred to in paragraph 1, it shall, by the same deadline, request authorisation of the Administrative Commission and of the Audit Board to use the annual average costs for that Member State as published in the Official Journal of the European Union for the year preceding the specific year for which notification is outstanding. When requesting such authorisation, the Member State shall explain the reasons why it is unable to notify the annual average costs for the year in question. If the Administrative Commission, having considered the opinion of the Audit Board, approves the request of the Member State, the annual average costs for the year preceding the year for which notification is outstanding shall be republished in the Official Journal of the European Union . 4. Authorisation pursuant to paragraph 3 shall not be granted in two consecutive years.’ ; (30) in Article 66, paragraph 2 is replaced by the following: ‘2. The reimbursements between the institutions of the Member States provided for by Articles 35 and 41 of the basic Regulation shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and 41 of the basic Regulation. Mutual claims may be offset between the liaison bodies.’ ; (31) Article 67 is amended as follows: (a) paragraph 3 is replaced by the following: ‘3. With regard to Article 6(5), second subparagraph, and to Article 73(2), of the implementing Regulation, the period set out in paragraphs 1 and 2 of this Article shall not start before the competent institution has been identified.’ ; (b) paragraph 7 is replaced by the following: ‘7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within nine months following the month in which the matter was referred to it.’ ; (32) 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 two percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due.’ ; (33) Article 70 is deleted; (34) in Article 72, paragraph 1 is replaced by the following: ‘1. Unless otherwise provided for in Article 73 of the implementing Regulation, if the institution of a Member State has paid undue benefits to a person, that institution may, within the terms and limits laid down in the legislation it applies, request the institution of any other Member State responsible for paying benefits to the person concerned to deduct the undue amount from arrears or ongoing payments owed to the person concerned regardless of the social security branch under which the benefit is paid. The institution of the latter Member State shall deduct the amount concerned subject to the conditions and limits applying to this kind of offsetting procedure in accordance with the legislation it applies in the same way as if it had made the overpayments itself, and shall transfer the amount deducted to the institution that has paid undue benefits.’ ; (35) Article 73 is replaced by the following: ‘Article 73 Settlement of undue benefits in cash and in kind and contributions in the case of a retroactive change of the applicable legislation or other situations where an institution was not competent 1. In the event of a retroactive change of the applicable legislation, including situations referred to in Article 6(4) and (5) of the implementing Regulation, as well as in other cases where an institution which was not competent paid or provided benefits unduly or received contributions unduly, that institution shall draw up a statement of the amount paid or received and shall send it to the institution identified as being competent for the purpose of reimbursement, within six months of the determination of the change in the applicable legislation or of the identification of the institution responsible for granting the benefits or receiving the contributions. 2. Benefits in kind shall be reimbursed by the institution identified as being competent in accordance with Articles 66, 67 and 68 of the implementing Regulation. 3. The institution identified as being competent for paying the cash benefits shall deduct the amount it has to reimburse to the institution which was not competent or only provisionally competent from the arrears of the corresponding benefits it owes to the person concerned and shall transfer the amount deducted to the latter institution without delay. If the amount of unduly paid benefits exceeds the amount of arrears payable by the institution identified as being competent, or if arrears do not exist, the institution identified as being competent shall deduct this amount from ongoing payments subject to the conditions and limits under the legislation it applies, and without delay transfer the amount deducted to the institution which paid the cash benefits unduly, for the purpose of their reimbursement. 4. The institution which unduly received contributions from a natural or legal person shall not reimburse the amounts in question to the person who paid them until that institution has ascertained the amounts in question from the institution identified as being competent. Upon the request of the institution identified as being competent, which shall be made at the latest three months after it has received the statement of the amount paid or received, the institution that received contributions unduly shall transfer those contributions to the institution identified as being competent for that period for the purpose of settling the situation concerning the contributions owed by the natural or legal person to it. The contributions transferred shall be deemed to have been paid retroactively to the institution identified as being competent. If the amount of contributions received unduly exceeds the amount that the natural or legal person owes to the institution identified as being competent, the institution which received contributions unduly shall reimburse the amount in excess to the natural or legal person concerned, calculated in accordance with national law. 5. The existence of time limits under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article. 6. In the case of a procedure under Article 5(5) or Article 6(3) of the implementing Regulation, this Article shall not apply to claims which are older than 36 months at the date on which the procedure was commenced. 7. Two or more Member States may agree on specific provisions and procedures that are different from those provided in paragraphs 1 to 6 of this Article and may, in relation to benefits in kind, apply Article 35(3) of the basic Regulation, provided that those provisions and procedures are not to the disadvantage of the persons concerned. 8. The Administrative Commission shall lay down the detailed arrangements for applying this Article.’ ; (36) Article 75 is amended as follows: (a) in paragraph 1, the following indent is added: ‘— “the date on which the claim is due” means the date by which the debt should have been paid pursuant to the legislation of the Member State of the applicant party.’ ; (b) paragraph 3 is deleted; (c) the following paragraph is added: ‘4. Where a refund of social security contributions relates to a person who resides or stays in another Member State, the Member State from which the refund is to be made may, in accordance with Article 2(2) of the implementing Regulation, inform the Member State of residence or stay of the upcoming refund, without having first received a prior request to do so.’ ; (37) Article 77 is replaced by the following: ‘Article 77 Notification 1. The requested party shall, at the request of the applicant party and in accordance with the rules in force for the notification of similar instruments or decisions in its own Member State, notify the addressee of all instruments and decisions, including those of a judicial nature, which come from the Member State of the applicant party and which relate to a claim or to its recovery. 2. The request for notification shall be accompanied by a standard form containing at least the following information and the instrument or decision to be notified: (a) the name, address and other data relevant to the identification of the addressee; (b) the purpose of the notification and the period within which notification is to be carried out; (c) a description of the instrument or decision to be notified and the nature and amount of the claim concerned; (d) the name, address and other contact details regarding: (i) the office responsible with regard to the instrument or decision to be notified; and (ii) where different from the office referred to in point (i), the office where further information can be obtained concerning the notification or concerning the procedure for contesting the payment obligation. 3. The requested party shall, without delay, inform the applicant party of the action taken on its request for notification and, in particular, the date on which the decision or instrument was forwarded to the addressee. 4. The applicant party shall make a request for notification pursuant to this Article only where it is unable to notify in accordance with the rules governing the notification of the document concerned in its Member State, or where such notification would give rise to disproportionate difficulties. 5. The requested party shall ensure that notification in the Member State of the requested party is carried out in accordance with the national laws, regulations and administrative practices in force in the Member State of the requested party. 6. Paragraph 5 shall be without prejudice to any other form of notification made by an authority of the Member State of the applicant party in accordance with the rules in force in that Member State. An authority in the Member State of the applicant party may notify any document directly by registered mail or electronically to a person within the territory of another Member State.’ ; (38) Article 78 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. At the request of the applicant party, the requested party shall recover claims which are the subject of an instrument permitting enforcement in the Member State of the applicant party. Any request for recovery shall be accompanied by a uniform instrument permitting enforcement by the Member State of the requested party.’ ; (b) in paragraph 2, point (b) is deleted; (c) paragraphs 3 and 4 are replaced by the following: ‘3. Before the applicant party makes a request for recovery, appropriate recovery procedures available in the Member State of the applicant party shall be applied, except in the following situations: (a) where it is obvious that there are no assets for recovery in the Member State of the applicant party or that such procedures will not result in the payment in full of the claim, and the applicant party has specific information indicating that the person concerned has assets in the Member State of the requested party; (b) where recourse to such procedures in the Member State of the applicant party would give rise to disproportionate difficulty. Where a requested party receives a request for recovery from an applicant party, the applicant party shall, at the request of the requested party, provide any additional information which would be necessary to the requested party in the recovery of the claim. The applicant party shall not be obliged to supply the information specified in Article 76(3) of the implementing Regulation. 4. The request for recovery shall also contain a declaration by the applicant party confirming that the conditions laid down in paragraphs 2 and 3 have been fulfilled.’ ; (d) the following paragraph is added: ‘6. The request for recovery of a claim may be accompanied by other documents relating to the claim issued in the Member State of the applicant party.’ ; (39) Articles 79 to 82 are replaced by the following ‘Article 79 Instrument permitting enforcement of the recovery 1. The uniform instrument permitting enforcement in the Member State of the requested party shall reflect the substantive content of the initial instrument permitting enforcement, and shall constitute the sole basis for the recovery and precautionary measures taken in the Member State of the requested party. It shall not be subject to any act of recognition, supplementing or replacement in that Member State. 2. The uniform instrument permitting enforcement shall include: (a) the name, address and any other relevant information relating to the identification of the natural or legal person concerned or to the third party holding his or her assets; (b) the name, address and any other relevant information regarding the office responsible for the assessment of the claim, and, if different, the office where further information can be obtained concerning the claim or the possibilities for contesting the payment obligations; (c) information relevant to the identification of the instrument permitting its enforcement, issued in the Member State of the applicant party; (d) a description of the claim, including its nature, the period covered by the claim, the date on which the claim is due and any other relevant dates with regard to the enforcement process and the amount of the claim, including the principal, any interest, fines, administrative penalties and all other charges and costs due indicated in the currencies of the Member States of the applicant and requested parties; (e) the date of notification of the instrument to the addressee by the applicant party or by the requested party; (f) the date from which and the period during which enforcement is possible under the laws in force in the Member State of the applicant party; (g) any other relevant information. Article 80 Payment arrangements and deadlines 1. Claims shall be recovered in the currency of the Member State of the requested party. Subject to Article 85(1a), the requested party shall remit the entire amount of the claim that it recovers to the applicant party. In remitting the amount of the claim to the applicant party, the requested party shall also provide relevant information relating to the identification of the natural or legal person concerned as referred to in Article 79(2) of the implementing Regulation. 2. The requested party may, where the laws, regulations or administrative provisions in force in its own Member State so permit, allow the debtor time to pay or authorise payment by instalments. Any interest charged by the requested party in respect of such extra time to pay shall also be remitted to the applicant party. The requested party shall subsequently inform the applicant party of any such decision. From the date on which the recovery request is received, the requested party shall charge interest for late payment in accordance with the laws, regulations and administrative provisions in force in the Member State of the requested party. Article 81 Contestation concerning the claim or the instrument permitting enforcement of its recovery and contestation concerning enforcement measures 1. If, in the course of the recovery procedure, the claim, the initial instrument permitting enforcement in the Member State of the applicant party, the uniform instrument permitting enforcement in the Member State of the requested party or the validity of a notification made by an authority in the Member States of the applicant party are contested by an interested party, the action shall be brought by that interested party before the appropriate authorities of the Member State of the applicant party, in accordance with the laws in force in that Member State. The applicant party shall notify the requested party of this action without delay. The interested party may also inform the requested party of the action. 2. As soon as the requested party has received the notification or information referred to in paragraph 1 from the applicant party or from the interested party, it shall suspend the enforcement procedure pending the decision of the appropriate authority in the matter, unless the applicant party makes a request to recover the claim in accordance with the second subparagraph of this paragraph. Without prejudice to Article 84 of the implementing Regulation, the requested party may take precautionary measures to guarantee recovery of the claim insofar as the laws or regulations in force in its Member State allow such action for similar claims. Notwithstanding the first subparagraph, the applicant party may, in accordance with the laws, regulations and administrative practices in force in its own Member State, submit a reasoned request to the requested party to recover a contested claim, in so far as the relevant laws, regulations and administrative practices in force in the Member State of the requested party provide for such action If the result of the contestation is subsequently favourable to the debtor, the applicant party shall be liable for the reimbursement of any sums recovered, together with any compensation due, in accordance with the legislation in force in the Member State of the requested party. 3. Where the contestation concerns enforcement measures taken in the Member State of the requested party, or the validity of the notification made by an authority of the requested party, the action shall be brought before the appropriate authority of that Member State in accordance with its laws and regulations. Article 81a Withdrawals and amendments 1. The applicant party shall inform the requested party immediately of any subsequent amendment to its request for recovery or of the withdrawal of its request, indicating the reasons for such an amendment or withdrawal. 2. If the amendment to the request is based on a decision of the appropriate authority referred to in Article 81(1), the applicant party shall communicate to the requested party the decision, together with a revised uniform instrument permitting enforcement in the Member State of the requested party. The requested party shall proceed with further recovery measures on the basis of the revised instrument. Recovery or precautionary measures that were already taken on the basis of the original uniform instrument permitting enforcement in the Member State of the requested party may be continued on the basis of the revised instrument, unless an amendment to the request is due to the invalidity of the initial instrument permitting enforcement in the Member State of the applicant party or of the original uniform instrument permitting enforcement in the Member State of the requested party. Articles 79 and 81 shall apply in relation to the revised instrument. 3. If the request is amended for a reason other than one referred to in paragraph 2 and such an amendment includes a reduction in the amount of the claim, the requested party shall continue any recovery or precautionary measures already undertaken, which shall be limited to the amount of the claim still outstanding. Article 82 Limits applying to assistance 1. Without prejudice to the competence to grant the assistance, the requested party shall not be obliged: (a) to grant the assistance provided for in Articles 78 to 81 of the implementing Regulation if recovery of the claim would, because of the situation of the debtor, create serious economic or social difficulties in the Member State of the requested party, insofar as the laws, regulations or administrative practices in force in the Member State of the requested party allow such action for similar national claims; (b) to grant the assistance provided for in Articles 76 to 81 of the implementing Regulation, if the initial request under Article 76, 77 or 78 of the implementing Regulation applies to claims that are more than five years old, from the date on which the claim is due in the Member State of the applicant party to the date of the initial request for assistance. With regard to point (b), if the claim or the initial instrument permitting enforcement in the Member State of the applicant party is contested, the five-year period shall begin from the date on which it is no longer possible to contest the claim or the instrument permitting recovery. Moreover, where a postponement of the deadline for payment or an instalment plan is accepted by the authorities of the Member State of the applicant party, the five-year period shall begin from the date on which the entire payment period has come to an end. However, in such cases the requested party shall not be obliged to grant the assistance in respect of claims which are more than 10 years old, calculated from the date on which the claim is due in the Member State of the applicant party. 2. The requested party shall inform the applicant party of the grounds for refusing a request for assistance.’ ; (40) Article 84 is replaced by the following: ‘Article 84 Precautionary measures 1. Upon the reasoned request of the applicant party, the requested party shall take precautionary measures in accordance with the national law and administrative practice in force in its Member State, to ensure recovery where a claim or the instrument permitting enforcement in the Member State of the applicant party is contested at the time when the request is made, or where the claim is not yet the subject of an instrument permitting enforcement in the Member State of the applicant party, in so far as precautionary measures would also be possible, in a similar situation, under the national law and administrative practices of the Member State of the applicant party. The document drawn up for permitting precautionary measures in the Member State of the applicant party and relating to the claim for which mutual assistance is requested, if any, shall be attached to the request for precautionary measures in the Member State of the requested party. That document shall not be subject to any act of recognition, supplementing or replacement in the Member State of the requested party. 2. The request for precautionary measures may be accompanied by other documents relating to the claim, issued in the Member State of applicant party. 3. For the purpose of implementing paragraph 1 of this Article, the provisions and procedures laid down in Articles 78, 79, 81 and 82 of the implementing Regulation shall apply mutatis mutandis .’ ; (41) in Article 85, paragraph 1 is replaced by the following: ‘1. The requested party shall recover from the natural or legal person concerned and retain any costs it incurs that are linked to recovery, in accordance with the laws and regulations that apply to similar claims in the Member State of the requested party. 1a. Where the costs linked to recovery cannot be recovered from the debtor in addition to the amount of the claim, those costs shall be deducted from any amount which was actually recovered or, where this is not possible, shall be reimbursed by the applicant party. The applicant party and the requested party may agree on a reimbursement arrangement specific to the case, or may agree to waive the reimbursement of such costs.’ ; (42) the following article is inserted: ‘Article 85a Presence in administrative offices and participation in administrative enquiries 1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section: (a) be present in the offices where the administrative authorities of the Member State of the requested party carry out their duties; (b) be present during administrative enquiries carried out in the territory of the Member State of the requested party; (c) assist the competent officials of the Member State of the requested party during court proceedings in that Member State. 2. In so far as it is permitted under the legislation in force in the Member State of the requested party, the agreement referred to in paragraph 1 may provide for officials of the Member State of applicant party to interview individuals and examine records. 3. Officials authorised by the applicant party shall, when acting pursuant to paragraph 1 or 2, hold written authority stating their identity and their official capacity.’ ; (43) Article 86 is deleted; (44) the following article is inserted: ‘Article 86a Power to adopt implementing acts 1. The Commission shall, by means of implementing acts, further specify the procedure for recovery. Those implementing acts shall establish: (a) practical arrangements needed for the application of this section as regards the sending of information and documents or decisions by electronic means to the person concerned in accordance with Article 4; (b) the format of the uniform instrument referred to in Article 79; (c) the information to be given by the requested party to the applicant party about the state of progress or outcome of the request and the applicable time frame in that respect; (d) the measures to be taken by the institutions concerned in the case of an amendment or withdrawal of the claim which is the subject of a request for recovery; (e) further detailed rules needed for implementing Article 75(2), Articles 76, 77, 78, 79, 80 and 81, Article 82(1), Article 83(1), second subparagraph, and Articles 84, 85 and 85a; and (f) the determination of a minimum threshold for the amounts for which a request for recovery can be made. 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88c(2) of the basic Regulation.’ ; (45) Article 87 is amended as follows: (a) paragraph 4 is replaced by the following: ‘4. Paragraphs 2 and 3 shall also apply in determining or checking the state of dependence of a recipient or a claimant of the long-term care benefits mentioned in Article 1(vb) of the basic Regulation.’ ; (b) paragraph 6 is replaced by the following: ‘6. As an exception to the principle of free-of-charge mutual administrative cooperation in Article 76(2) of the basic Regulation, the effective amount of the expenses of the checks referred to in paragraphs 1 to 5 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them. However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits for its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence.’ ; (46) the following article is inserted: ‘Article 87a Evaluation By 2 November 2031, the Commission shall carry out an evaluation on compliance with the time limits referred to in Title II of the implementing Regulation and on the implementation of the rules in Article 14(5a) of that Regulation. In its evaluation, the Commission shall also assess whether it is appropriate to extend the scope of long-term care benefits pursuant to the basic Regulation so as to cover work-related benefits. The Commission shall submit a report setting out the results of its evaluation to the European Parliament, the Council and the Economic and Social Committee. Member States shall provide the Commission with necessary information for the preparation of this report.’ ; (47) in Article 89, paragraph 3 is deleted; (48) Article 92 is deleted; (49) Article 93 is replaced by the following: ‘Article 93 Transitional provisions Articles 87, 87a and 87b of the basic Regulation shall apply to the situations covered by the implementing Regulation.’ ; (50) the following article is inserted: ‘Article 94a Transitional provisions relating to unemployment benefits 1. Articles 56 and 70 and Annex 5, in the version in force before 1 November 2026, shall continue to apply to unemployment benefits for which applications are submitted before the relevant dates of application as set out in Article 97, second paragraph, point (2), and third and fourth paragraphs. 2. Article 73, in the version in force before 1 November 2026, shall continue to apply to settlements of claims which started before 2 November 2028. 3. Section 3 of Chapter III of Title IV, in the version in force before 1 November 2026, shall continue to apply to requests and contestations made before 2 November 2028.’ ; (51) Article 96 is amended as follows: (a) in paragraph 1, second subparagraph, the introductory wording is replaced by the following: ‘However, with the exception of Article 107, Regulation (EEC) No 574/72 shall remain in force and continue to have legal effect for the purposes of:’ ; (b) the following paragraph is inserted: ‘1a. For the purposes of the legislation referred to in paragraph 1 of this Article, the rules on currency conversion shall be governed by Article 90.’ ; (52) Article 97 is replaced by the following: ‘Article 97 Entry into force and application This Regulation shall be published in the Official Journal of the European Union . It shall enter into force on 1 May 2010. Notwithstanding the first paragraph, the following dates of application shall apply: (1) the following provisions, in the version in force from 1 November 2026, shall apply from that date: (a) Article 1(2); (b) Article 2(2a), (5) and (6); (c) Article 3(3); (d) Article 19(2) and (3); (e) Article 26(4); (f) Article 43(3); (g) Article 65; (h) Article 66(2); (i) Article 68(2); (j) Article 75(1), (3) and (4); (k) Articles 85a, 86 and 86a; (l) Article 87(4) and (6); (m) Article 87a; (n) Article 89(3); (o) Articles 92 and 93 and 94a; (p) Article 96(1) and (1a); (q) Annex 1; (2) the following provisions, in the version in force from 1 November 2026, shall apply from 2 November 2028: (a) Article 5(2) to (5); (b) Article 14(1), (1a), (3), (5a), (10) and (12); (c) Article 15; (d) Article 16(1), (2), (3) and (5); (e) Article 19a; (f) Article 20(3) and (4); (g) Article 25(1) and (3); (h) Article 31(2); (i) Article 32(1); (j) Article 54(1); (k) Article 54a; (l) Article 55(1), (4), (5) and (7); (m) Article 56(-1), (1) and (3); (n) Article 56a; (o) Article 67(3) and (7); (p) Article 70; (q) Article 72(1); (r) Articles 73 and 77; (s) Article 78(1) to (4) and (6); (t) Articles 79 to 82 and Article 84; (u) Article 85(1) and (1a); (v) Annexes 5 and 6; (3) Article 64, in the version in force from 1 November 2026, shall apply from 1 January 2027. Notwithstanding the second paragraph, points (1) and (2), of this Article, with regard to persons for whom, during their last activity as an employed or self-employed person, Luxembourg was the competent Member State, Articles 56 and 70 and Annex 5, in the version in force before 1 November 2026, shall apply until 2 November 2031. During that timeframe, Article 56a shall not apply to Luxembourg. Luxembourg may notify the Commission that it is necessary to prolong the timeframe referred to in the third paragraph until 2 November 2033. Such a notification of prolongation shall be made in reasonable time before the end of the timeframe set out in the third paragraph. The notification shall be published in the Official Journal of the European Union .’ ; (53) the Annexes to Regulation (EC) No 987/2009 are amended in accordance with the Annex II to this Regulation.