16 Amendments of Joëlle MÉLIN related to 2016/0397(COD)
Amendment 79 #
Proposal for a regulation
Recital 6
Recital 6
(6) Long-term care benefits have so far not been included explicitly within the material scope of Regulation (EC) No 883/2004 but coordinated as sickness benefits, leading to legal and financial uncertainty both for institutions and persons claiming long- term care benefits. There is a need to develop a stable legal framework appropriate to long-term care benefits and recovery within the Regulation to include a clear definition of such benefits.
Amendment 93 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services34 and within the meaning of this revised Regulation. In addition, to achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily posted or sent to another Member State should apply consistently to both employed and self-employed persons. __________________ 34 OJ L 018 , 21.01.1997 p. 1.
Amendment 118 #
Proposal for a regulation
Recital 10
Recital 10
(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers receive the applicable unemployment benefits from the Member State of last activity provided that they have worked in that Member State for at least three months in the past twelve months.
Amendment 136 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) These data should be compiled and used only for the stated purposes and should be deleted when the persons in question return to their country of origin.
Amendment 150 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 152 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – title
Article 12 – title
Special rulescase of workers dependent on an undertaking having its registered office in another Member State
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/ECby that employer to another Member State to perform work ofn the European Parliament and ofat employer's behalf shall be covered from the first day of work by the Counsocial of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to persecurity system of the host Member State, which shall be specific to him or her. When the worker returns to his or her state of origin, he or she shall be automatically reinstated in the social security system specific to him or her. If the former work on that employer's behalf shaller does not become a member when he returns to his countinue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46ry of origin, in particular following the termination of a contract, he or she shall benefit from the portability of the regulatory rights acquired during his or her temporary work in another Member State for a period of three months. If the rights are used during this period, the state which financed the social security benefits may request reimbursement from the Member State of origin. OJ L 018 , 21.01.1997, p. 1.
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislationbe covered from the first day of work by the social security system of the firhost Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacwhich shall be specific to him or her. When the worker returns to his or her state of origin, he or she shall be automatically reinstated in the social security system specific to him or her. If the former worker does not become a member when he returns to his country of origin, in particular following the transfer of activities, he or she shall benefit from the portability of the regulatory rights acquired during his or her temporary work ing another posted employed or self-employed person."Member State for a period of three months. If the rights are used during this period, the state which financed the social security benefits may request reimbursement from the Member State of origin.
Amendment 288 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Navigation and maritime personnel shall be subject to other articles of this Regulation.
Amendment 483 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88
Article 88
Amendment 509 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EC) No 987/2009
Recital 25 a (new)
Recital 25 a (new)
25a. These data should be compiled and used only for the stated purposes and should be deleted when the persons in question return to their country of origin.
Amendment 517 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 2 – paragraph 5
Article 2 – paragraph 5
5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to provide personal data about that person. The request and any response shall concern information which enables the competent Member State to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case. The request for information and any response must be necessary and proportionconcern only specifically relevant datea.
Amendment 675 #
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
Regulation (EC) No 987/2009
Article 79 – paragraph 2 – point a
Article 79 – paragraph 2 – point a
(a) the name, address and any other relevant information relatinglimited to the identification of the natural or legal person concerned and/or to the third party holding his or her assets;
Amendment 693 #
Proposal for a regulation
Annex I – point 7
Annex I – point 7
Regulation (EC) No 883/2004
Annex XII – subheading 0 a (new)
Annex XII – subheading 0 a (new)
Subject to statutory entitlement in the host Member State, these long-term care benefits in cash provided in derogation from Article 35a(1) shall be paid on the basis of clear, detailed provisions as regards the definition of long-term care and the arrangements for the provision of care, with the permanent aim of ensuring that the welfare protection system in the country providing the benefits is not disrupted.
Amendment 694 #
Proposal for a regulation
Annex I – point 7
Annex I – point 7
Regulation (EC) No 883/2004
Annex XIII – Part I – subheading 0 a (new)
Annex XIII – Part I – subheading 0 a (new)
Subject to statutory entitlement in the host Member State, these family benefits in cash intended to replace income during periods of child-raising shall be paid on the basis of clear, detailed provisions as regards the definition of income during periods of child-raising, with the permanent aim of ensuring that the welfare protection system in the country providing the benefits is not disrupted.