BETA

16 Amendments of Joëlle MÉLIN related to 2016/0397(COD)

Amendment 79 #
Proposal for a regulation
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.
2018/01/23
Committee: EMPL
Amendment 93 #
Proposal for a regulation
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.
2018/01/23
Committee: EMPL
Amendment 118 #
Proposal for a regulation
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.
2018/01/23
Committee: EMPL
Amendment 136 #
Proposal for a regulation
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.
2018/01/23
Committee: EMPL
Amendment 150 #
Proposal for a regulation
Recital 17
(17) Implementing powers should be conferred on the European Commission in order to ensure uniform conditions for the implementation of Articles 12 and 13 of Regulation (EC) No 883/2004. Those powers should be exercised in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers37. __________________ OJ L 55, 28.2.2011, p 13.deleted
2018/01/23
Committee: EMPL
Amendment 152 #
Proposal for a regulation
Recital 19
(19) Taking into account the jurisprudence of the Court of Justice in Cases C-345/09 van Delft and Others, EU:C:2010:610 and C-543/13 EU:C:2015:359 Fischer-Lintjens there is a need to facilitate retrospective changes in applicable legislation. Therefore the offsetting procedure that applies in situations where the legislation of a Member State was applied provisionally in accordance with Article 6 of Regulation (EC) No 987/2009 should also be extended to other cases resulting from a retroactive change of the applicable legislation. In addition, in this context, it is necessary to disapply divergent limitation provisions in national law to ensure that a retroactive settlement between the institutions is not impeded by any incompatible time-limits laid down in national legislation while at the same time establishing a uniform limitation period of five years counting backwards from the commencement of the dialogue procedure referred to under Article 5(2) and 6(3) of this Regulation to ensure this procedure for resolving such disputes is not frustrated.deleted
2018/01/23
Committee: EMPL
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – title
Special rulescase of workers dependent on an undertaking having its registered office in another Member State
2018/01/23
Committee: EMPL
Amendment 257 #
Proposal for a regulation
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.
2018/01/23
Committee: EMPL
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
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.
2018/01/23
Committee: EMPL
Amendment 288 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)
2a. Navigation and maritime personnel shall be subject to other articles of this Regulation.
2018/01/23
Committee: EMPL
Amendment 483 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88
27. Article 88 shall be replaced by the following: ‘Article 88 Delegating the power to update the Annexes The European Commission is emdeleted The powered to adopt delegated acts in accordance with Article 88a to periodically amend the Annexes to this Regulation and the implementing Regulation following a request from the Administrative Commission. Article 88a Exercise of the delegation 1. is conferred on the Commission subject to the conditions laid down in this Article 2. to in Article 88 shall be conferred on the European Commission for an indeterminate period of time from the [the date of entry into force of the Regulation (EU) xxxx]. 3. referred to in Article 88 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force 4. the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 5. act, the European Commission shall notify it to the European Parliament and to the Council simultaneously. 6. to Article 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiring of that period, the European Parliament and the Council have both informed the European Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’The delegation of power referred The delegation of the power Before adopting a delegated act, As soon as it adopts a delegated A delegated act adopted pursuant
2018/01/23
Committee: EMPL
Amendment 509 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EC) No 987/2009
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.
2018/01/23
Committee: EMPL
Amendment 517 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Regulation (EC) No 987/2009
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.
2018/01/23
Committee: EMPL
Amendment 675 #
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Regulation (EC) No 987/2009
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;
2018/01/23
Committee: EMPL
Amendment 693 #
Proposal for a regulation
Annex I – point 7
Regulation (EC) No 883/2004
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.
2018/01/23
Committee: EMPL
Amendment 694 #
Proposal for a regulation
Annex I – point 7
Regulation (EC) No 883/2004
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.
2018/01/23
Committee: EMPL