HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 149/4
EN
Official Journal of the European Union
8.6.2012
REGULATION (EU) No 465/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 May 2012
amending Regulation (EC) No 883/2004 on the coordination of social security systems and
Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No
883/2004
(Text with relevance for the EEA and for Switzerland)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
and administrative procedures in the field of civil
EUROPEAN UNION,
aviation ( 4 ). In order to facilitate the application of Title
II of Regulation (EC) No 883/2004 to this group of
persons, it is justified to create a special rule whereby
Having regard to the Treaty on the Functioning of the European
the concept of ‘home base’ becomes the criterion for
Union, and in particular Article 48 thereof,
determining the applicable legislation for flight crew
and cabin crew members. However, the applicable legis
lation for flight crew and cabin crew members should
remain stable and the ‘home base’ principle should not
Having regard to the proposal from the European Commission,
result in frequent changes of applicable legislation due to
the industry’s work patterns or seasonal demands.
After transmission of the draft legislative act to the national
parliaments,
(5) In
situations
where
a
person
is
working
in
two
or
more
Member States, it should be made clear that the
condition of pursuing a ‘substantial part’ of the activity
Acting in accordance with the ordinary legislative procedure ( 1 ),
within the meaning of Article 13(1) of Regulation (EC)
No 883/2004 also applies to persons pursuing activities
for various undertakings or employers.
Whereas:
(6) Regulation
(EC)
No
883/2004
should
be
amended
by
(1) To
take
account
of
legal
changes
in
certain
Member
inserting a new provision that ensures that a self-
States and to guarantee legal certainty for stakeholders,
employed frontier worker who becomes wholly
Regulation (EC) No 883/2004 of the European
unemployed receives benefits if he/she has completed
Parliament and of the Council ( 2 ) and Regulation (EC)
periods of insurance as a self-employed person or
No 987/2009 of the European Parliament and of the
periods of self-employment recognised for the purposes
Council ( 3 ) need to be adapted.
of granting unemployment benefits in the competent
Member State and if no unemployment benefits system
covering self-employed persons exists in the Member
State of residence. That provision should be reviewed
(2) Relevant
proposals
were
received
from
the
Administrative
in the light of the experience after two years of imple
Commission for the Coordination of Social Security
mentation and, if necessary, it should be amended.
Systems concerning the coordination of social security
schemes with a view to improving and modernising
Union law and have been included in this Regulation.
(7)
Regulations (EC) No 883/2004 and (EC) No 987/2009
should therefore be amended accordingly,
(3) Changes
in
social
reality
can
affect
the
coordination
of
social security systems. In order to respond to such
changes, amendments in the field of the determination
of applicable legislation and unemployment benefits are
HAVE ADOPTED THIS REGULATION:
necessary.
Article 1
(4) The
concept
of
‘home
base’,
for
flight
crew
and
cabin
crew members, under Union law is defined in Annex III
Regulation (EC) No 883/2004 is hereby amended as follows:
to Council Regulation (EEC) No 3922/91 of 16 December
1991 on the harmonization of technical requirements
(1) The term ‘the Commission of the European Communities’
( 1 ) Position of the European Parliament of 18 April 2012 (not yet
is replaced by the term ‘the European Commission’
published in the Official Journal) and decision of the Council of
throughout the text.
10 May 2012.
( 2 ) OJ L 166, 30.4.2004, p. 1.
( 3 ) OJ L 284, 30.10.2009, p. 1.
( 4 ) OJ L 373, 31.12.1991, p. 4.

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EN
8.6.2012 Official
Journal
of
the
European
Union L
149/5
(2) The following recital is inserted:
(5) In Article 12, paragraph 1 is replaced by the following:
‘(18b) In Annex III to Council Regulation (EEC)
‘1. A
person
who
pursues
an
activity
as
an
employed
No 3922/91 of 16 December 1991 on the
person in a Member State on behalf of an employer which
harmonization of technical requirements and
normally carries out its activities there and who is posted
administrative procedures in the field of civil
by that employer to another Member State to perform
aviation (*), the concept of “home base” for flight
work on that employer’s behalf shall continue to be
crew and cabin crew members is defined as the
subject to the legislation of the first Member State,
location nominated by the operator to the crew
provided that the anticipated duration of such work does
member from where the crew member normally
not exceed 24 months and that he/she is not sent to
starts and ends a duty period, or a series of duty
replace another posted person.’.
periods, and where, under normal conditions, the
operator is not responsible for the accommodation
of the crew member concerned. In order to
facilitate the application of Title II of this Regu
(6) In Article 13, paragraph 1 is replaced by the following:
lation for flight crew and cabin crew members, it
is justified to use the concept of “home base” as the
criterion for determining the applicable legislation
‘1. A
person
who
normally
pursues
an
activity
as
an
for flight crew and cabin crew members. However,
employed person in two or more Member States shall be
the applicable legislation for flight crew and cabin
subject:
crew members should remain stable and the home
base principle should not result in frequent changes
of applicable legislation due to the industry’s work
patterns or seasonal demands.
(a) 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
___________
(*) OJ L 373, 31.12.1991, p. 4.’.
(b) if he/she does not pursue a substantial part of his/her
activity in the Member State of residence:
(3) Article 9 is replaced by the following:
(i) to the legislation of the Member State in which
the registered office or place of business of the
‘Article 9
undertaking or employer is situated if he/she is
Declarations by the Member States on the scope of
employed by one undertaking or employer; or
this Regulation
1. The
Member
States
shall
notify
the
European
Commission in writing of the declarations made in
(ii) to the legislation of the Member State in which
accordance with point (l) of Article 1, the legislation and
the registered office or place of business of the
schemes referred to in Article 3, the conventions entered
undertakings or employers is situated if he/she is
into as referred to in Article 8(2), the minimum benefits
employed by two or more undertakings or
referred to in Article 58, and the lack of an insurance
employers which have their registered office or
system as referred to in Article 65a(1), as well as
place of business in only one Member State; or
substantive amendments. Such notifications shall indicate
the date from which this Regulation will apply to the
schemes specified by the Member States therein.
(iii) 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
2. These
notifications
shall
be
submitted
to
the
the Member State of residence if he/she is
European Commission every year and shall be given the
employed by two or more undertakings or
necessary publicity.’.
employers, which have their registered office or
place of business in two Member States, one of
which is the Member State of residence; or
(4) The following paragraph is added to Article 11:
(iv) to the legislation of the Member State of residence
‘5. An
activity
as
a
flight
crew
or
cabin
crew
member
if he/she is employed by two or more under
performing air passenger or freight services shall be
takings or employers, at least two of which have
deemed to be an activity pursued in the Member State
their registered office or place of business in
where the home base, as defined in Annex III to Regu
different Member States other than the Member
lation (EEC) No 3922/91, is located.’.
State of residence.’.

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L 149/6
EN
Official Journal of the European Union
8.6.2012
(7) In Article 36, paragraph 2a is replaced by the following:
3. If
the
wholly
unemployed
person
referred
to
in
paragraph 1 does not wish to become or remain
available to the employment services of the Member
State of last activity after having been registered there,
‘2a. The
competent
institution
may
not
refuse
to
grant
and wishes to seek work in the Member State of residence,
the authorisation provided for in Article 20(1) to a person
Article 64 shall apply mutatis mutandis, except
who has sustained an accident at work or who has
Article 64(1)(a). The competent institution may extend
contracted an occupational disease and who is entitled
the period referred to in the first sentence of
to benefits chargeable to that institution, where the
Article 64(1)(c) up to the end of the period of entitlement
treatment appropriate to his/her condition cannot be
to benefits.’.
given in the Member State in which he/she resides
within a time-limit which is medically justifiable, taking
into account his/her current state of health and the
probable course of the illness.’.
(10) In Article 71, paragraph 2 is replaced by the following:
‘2. The
Administrative
Commission
shall
act
by
a
(8) Article 63 is replaced by the following:
qualified majority as defined by the Treaties, except
when adopting its rules which shall be drawn up by
mutual agreement among its members.
‘Article 63
Special provisions for the waiving of residence rules
Decisions on questions of interpretation referred to in
For the purpose of this Chapter, Article 7 shall apply only
Article 72(a) shall be given the necessary publicity.’.
in the cases provided for by Articles 64, 65 and 65a and
within the limits prescribed therein.’.
(11) The following Article is inserted:
(9) The following Article is inserted:
‘Article 87a
Transitional provision for application of Regulation
(EU) No 465/2012
‘Article 65a
1. If
as
a
result
of
the
entry
into
force
of
Regulation
Special provisions for wholly unemployed self-
(EU) No 465/2012, a person is subject, in accordance with
employed frontier workers where no unemployment
Title II of this Regulation, to the legislation of a different
benefits system covering self-employed persons exists
Member State than that to which he/she was subject before
in the Member State of residence
that entry into force, the legislation of the Member State
1. By
way
of
derogation
from
Article
65,
a
wholly
applicable before that date shall continue to apply to
unemployed person who, as a frontier worker, has most
him/her for a transitional period lasting for as long as
recently completed periods of insurance as a self-employed
the relevant situation remains unchanged and, in any
person or periods of self-employment recognised for the
case, for no longer than 10 years from the date of entry
purposes of granting unemployment benefits in a Member
into force of Regulation (EU) No 465/2012. Such a person
State other than his/her Member State of residence and
may request that the transitional period no longer applies
whose Member State of residence has submitted notifi
to him/her. Such request shall be submitted to the insti
cation that there is no possibility for any category of
tution designated by the competent authority of the
self-employed persons to be covered by an unemployment
Member State of residence. Requests submitted by
benefits system of that Member State, shall register with
29 September 2012 shall be deemed to take effect on
and make himself/herself available to the employment
28 June 2012. Requests submitted after 29 September
services in the Member State in which he/she pursued
2012 shall take effect on the first day of the month
his/her last activity as a self-employed person and, when
following that of their submission.
he/she applies for benefits, shall continuously adhere to
the conditions laid down under the legislation of the
latter Member State. The wholly unemployed person
may, as a supplementary step, make himself/herself
2. No
later
than
29
June
2014,
the
Administrative
available to the employment services of the Member
Commission shall evaluate the implementation of the
State of residence.
provisions laid down in Article 65a of this Regulation
and present a report on their application. On the basis
of this report, the European Commission may, as appro
priate, submit proposals to amend those provisions.’.
2. Benefits
shall
be
provided
to
the
wholly
unemployed
person referred to in paragraph 1 by the Member State to
whose legislation he/she was last subject in accordance
(12) Annexes X and XI are amended in accordance with the
with the legislation which that Member State applies.
Annex to this Regulation.

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EN
8.6.2012 Official
Journal
of
the
European
Union L
149/7
Article 2
5b. Marginal
activities
shall
be
disregarded
for
the
purposes of determining the applicable legislation
Regulation (EC) No 987/2009 is hereby amended as follows:
under Article 13 of the basic Regulation. Article 16 of
the implementing Regulation shall apply to all cases
under this Article.
(1) In Article 6(1), points (b) and (c) are replaced by the
___________
following:
(*) OJ L 373, 31.12.1991, p. 4.’.
‘(b) the legislation of the Member State of residence if the
person concerned pursues employment or self-
employment in two or more Member States and
(3) In Article 15(1), the second sentence is replaced by the
performs part of his/her activity or activities in the
following:
Member State of residence, or if the person concerned
is neither employed nor self-employed;
‘That institution shall issue the attestation referred to in
Article 19(2) of the implementing Regulation to the
person concerned and shall without delay make information
(c) in all other cases, the legislation of the Member State,
concerning the legislation applicable to that person,
the application of which was first requested if the
pursuant to Article 11(3)(b) or Article 12 of the basic
person pursues an activity, or activities, in two or
Regulation, available to the institution designated by the
more Member States.’.
competent authority of the Member State in which the
activity is pursued.’.
(2) Article 14 is amended as follows:
(4) In Article 54, paragraph 2 is replaced by the following:
(a) paragraph 5 is replaced by the following:
‘2. For the purposes of applying Article 62(3) of the
basic Regulation, the competent institution of the Member
State to whose legislation the person concerned was subject
‘5. For the purposes of the application of
in respect of his/her last activity as an employed or self-
Article 13(1) of the basic Regulation, a person who
employed person shall, without delay, at the request of the
“normally pursues an activity as an employed person
institution of the place of residence, provide it with all the
in two or more Member States” shall refer to a
information necessary to calculate unemployment benefits
person who simultaneously, or in alternation, for the
which can be obtained in the Member State where it is
same undertaking or employer or for various under
situated, in particular the salary or professional income
takings or employers, exercises one or more separate
received.’.
activities in two or more Member States.’;
(5) Article 55 is amended as follows:
(b) the following paragraphs are inserted:
(a) in paragraph 1, the first subparagraph is replaced by the
following:
‘5a. For the purposes 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
‘1.
In order to be covered by Article 64 or Article 65a
business where the essential decisions of the under
of the basic Regulation, the unemployed person going
taking are adopted and where the functions of its
to another Member State shall inform the competent
central administration are carried out.
institution prior to his/her departure and request a
document certifying that he/she retains his/her
entitlement to benefits under the conditions laid down
in Article 64(1)(b) of the basic Regulation.’;
For the purposes of Article 13(1) of the basic Regu
lation, an employed flight crew or cabin crew member
normally pursuing air passenger or freight services in
two or more Member States shall be subject to the
(b) the following paragraph is added:
legislation of the Member State where the home base,
as defined in Annex III to Council Regulation (EEC)
No 3922/91 of 16 December 1991 on the harmon
‘7. Paragraphs 2 to 6 shall apply mutatis mutandis to
ization of technical requirements and administrative
the situation covered by Article 65a(3) of the basic
procedures in the field of civil aviation (*), is located.
Regulation’.

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L 149/8
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Official Journal of the European Union
8.6.2012
(6) In Article 56, paragraphs 1 and 2 are replaced by the
2. Where the legislation applicable in the Member States
following:
concerned requires the fulfilment of certain obligations
and/or job-seeking activities by the unemployed person,
‘1. Where
the
unemployed
person
decides,
in
accordance
the obligations and/or job-seeking activities by the
with Article 65(2) or Article 65a(1) of the basic Regulation,
unemployed person in the Member State providing the
to make himself/herself also available to the employment
benefits shall have priority.
services in the Member State not providing the benefits, by
registering there as a person seeking work, he/she shall
inform the institution and the employment services of the
The non-fulfilment by the unemployed person of all the
Member State providing the benefits.
obligations and/or job-seeking activities in the Member
State which does not provide the benefits shall not affect
the benefits awarded in the other Member State.’.
At the request of the employment services of the Member
Article 3
State not providing the benefits, the employment services in
the Member State that is providing the benefits shall send
This Regulation shall enter into force on the twentieth day
the relevant information concerning the unemployed
following that of its publication in the Official Journal of the
person’s registration and his/her search for employment.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 22 May 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN

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EN
8.6.2012 Official
Journal
of
the
European
Union L
149/9
ANNEX
Regulation (EC) No 883/2004 is amended as follows:
(1) Annex X is amended as follows:
(a) In the section ‘NETHERLANDS’, point (a) is replaced by the following:
‘(a) Work and Employment Support for Disabled Young Persons Act of 24 April 1997 (Wet Wajong)’.
(b) In the section ‘UNITED KINGDOM’:
(i) Point (c) is deleted.
(ii) The following point is added:
‘(e) Employment and Support Allowance Income-related (Welfare Reform Act 2007 and Welfare Reform Act
(Northern Ireland) 2007).’.
(2) Annex XI is amended as follows:
(a) In the section ‘GERMANY’, point 2 is replaced by the following:
‘2. Notwithstanding Article 5(a) of this Regulation and Article 7 of the Sozialgesetzbuch VI (Volume VI of the
Social Code), a person who is compulsorily insured in another Member State or receives an old-age pension
under the legislation of another Member State may join the voluntary insurance scheme in Germany.’.
(b) In the section ‘FRANCE’, point 1 is deleted.
(c) The section ‘NETHERLANDS’ is amended as follows:
(i) In point 1, point (g) is deleted.
(ii) In point 1, the following point is added:
‘(h) For the purposes of Article 18(1) of this Regulation, the persons referred to in point 1(a)(ii) of this
Annex who stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with
the policy offered to insured persons in the Netherlands by the institution of the place of stay, taking
into account Article 11(1), (2) and (3) and Article 19(1) of the Zorgverzekeringswet (Health Care
Insurance Act), as well as to benefits in kind provided for by the Algemene Wet Bijzondere Ziektekosten
(General Act on Exceptional Medical Expenses).’.
(iii) Point 2 is amended as follows:
(a) In the introductory wording and point (a), ‘(Dutch legislation on general old-age insurance)’ is replaced by
‘(General Old Age Pensions Act)’.
(b) In the first subparagraph of point (b), the words ‘that legislation’ are replaced by the words ‘the above
legislation’.
(c) In the second subparagraph of point (g), ‘(Dutch legislation on general law for surviving dependants)’ is
replaced by ‘(General Surviving Relatives Act)’.

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L 149/10
EN
Official Journal of the European Union
8.6.2012
(iv) Point 3 is amended as follows:
(a) In the introductory wording, ‘(Dutch general law on insurance for surviving dependants)’ is replaced by
‘(General Surviving Relatives Act)’.
(b) In the first subparagraph of point (d), the words ‘that legislation’ are replaced by the words ‘the above
legislation’.
(v) Point 4 is amended as follows:
(a) In point (a)(i) first indent, ‘(Act on Incapacity for Work)’ is replaced by ‘(Disability Insurance Act)’.
(b) In point (a)(ii), ‘(Self-employed Persons Act on Incapacity for Work)’ is replaced by ‘(Self-employed
Persons Disablement Benefits Act)’.

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Document Outline

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