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14 Amendments of António MARINHO E PINTO related to 2016/0397(COD)

Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 883/2004
Recital 20
4a. Recital 20 is replaced by the following: “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Sickness, maternity and equivalent paternity benefits lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)14a. In Title III, the title of Chapter 1 is replaced by the following: “Sickness, long-term care, maternity and equivalent paternity benefits” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 304 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EC) No 883/2004
Article 19
14b. Article 19 is replaced by the following; “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his/her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation. 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. (http://www.at4am.ep.parl.union.eu/at4am/ameditor.html?documentID=20512&locale=en#)benefit.” Or. en
2018/01/23
Committee: EMPL
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
14c. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who has retired because of old-age or invalidity is entitled in the event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment for sickness or of provision of long-term care which began in that Member State. ‘Continuation of treatment’ in the case of sickness means the continued investigation, diagnosis and treatment of an illness for its entire duration. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)‘Continuation of provision of long-term care’ means the continued granting of long-term care benefits in kind where entitlement to such benefits was established prior to retirement.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 322 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 30
14d. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, provided by the Member State competent for cash benefits under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of these benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)16b. In Article 34, paragraph 2 is deleted. Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 438 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)22a. The following article is inserted: “Article 67a Derogation rules for members of the family residing in another Member State 1. By derogation from Article 67, family benefits from competent Member States for the family members residing in another Member State will be adjusted according to the mechanism set out in Article 67b. Member States applying this derogation will be listed in Annex XIV by reference to the adaption of rules 67b. 2. The Commission shall adopt upgrading and downgrading factors for the optional adjustment mechanism set out in Article 67b for each Member State in accordance with the examination procedure referred to in Article 88b.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 441 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)22b. The following article is inserted “Article 67b Delegated acts for an optional adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a, supplementing this Regulation by establishing a fair and optional adjustment mechanism for the calculation of exporting family benefits by Member States for children residing in another Member State other than the competent Member State.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 508 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 987/2009
Recital 13
-1. Recital 13 is amended as follows: "(13) This Regulation provides for measures and procedures to promote the mobility of employees and unemployed persons. Frontier workers who have become wholly unemployed may make themselves available to the employment services in both their country of residence and the Member State where they were last employed. However, they should be entitled to benefits only from their Member State of residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 609 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Regulation (EC) No 987/2009
Article 23
14a. Article 23 is replaced by the following; "Article 23 Regime applicable in the event of the existence of more than one regime in the Member State of residence or stay If the legislation of the Member State of residence or stay comprises more than one scheme of sickness, long-term care, maternity and paternity insurance for more than one category of insured persons, the provisions applicable under Articles 17, 19(1), 20, 22, 24 and 26 of the basic Regulation shall be those of the legislation on the general scheme for employed persons. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 614 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
15a. In Article 25, paragraph 1is replaced by the following: 1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 617 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
15b. In Article 25, 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. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML) or long-term care.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 631 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
2018/01/23
Committee: EMPL