[ParlTrack]

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Recital 5

(5) It is necessary to guarantee legal certainty by clarifying that access to social security benefits for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.33 For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. __________________ 33deleted OJ L 158, 30.4.2004, p. 77.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

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 services.34 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.deleted

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Recital 8

(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insuredone day of insurance in that Member State.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

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 unemployment benefits from the Member State of last activity ~~provided that they have worked in that Member State for at least the past twelve months~~.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

3. After Recital 5, the following is inserted: ‘ (5a) The Court of Justice has held that Member States are entitled to make the access of economically inactive citizens in the host Member State to social security benefits, which do not constitute social assistance within the meaning of Directive 2004/38/EC subject to a legal right of residence within the meaning of that Directive. The verification of the legal right of residence should be carried out in accordance with the requirement of Directive 2004/38/EC. For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. In order to improve legal clarity for citizens and institutions, a codification of this case law is necessary. (5b) Member States should ensure that economically inactive EU mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. This may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage in the Member State in which they habitually reside. (5c) Notwithstanding the limitations on the right to equal treatment for economically inactive persons, that arise from the Directive 2004/38/EC or otherwise by virtue of Union law, nothing within this Regulation should restrict the fundamental rights recognised in the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2) and the right to healthcare (Article 35).’deleted

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) 883/2004
Article 4 – paragraph 2

2. A Member State may require that the access of an economically inactive person residing in that Member State to its social security benefits be subject to the conditions of having a right to legal residence as set out in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.44. __________________ 44 OJ L 158, 30.4.2004, p. 77.deleted

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 883/2004
Article 12 – paragraph 1

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/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 services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue 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. __________________ 46 OJ L 018, 21.01.1997 p. 1.deleted

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

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 legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self-employed person..deleted

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 19

Regulation (EC) No 883/2004
Article 61 – paragraph 1

1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least ~~three months~~one day of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 19

Regulation (EC) No 883/2004
Article 61 – paragraph 2

2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, employment or self- employment in that Member State is less than three months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a.deleted

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 883/2004
Article 64 a

21. After Article 64, the following Article 64a shall be inserted: ‘Article 64a Special rules for unemployed persons who moved to another Member State without fulfilling the conditions of Article 61(1) and Article 64 In the situations referred to in Article 61(2), the Member State to whose legislation the unemployed person was previously subject shall become competent to provide unemployment benefits. They shall be provided at the expense of the competent institution for the period laid down in Article 64(1)(c), if the unemployed person makes himself/herself available to the employment services in the Member State of most recent insurance and adheres to the conditions laid down under the legislation of that Member State. Article 64 (2) to (4) shall apply mutatis mutandis. ’deleted

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 22

Regulation (EC) No 883/2004
Article 65 – paragraph 2

2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent Member State shall make himself or herself available to the employment service of the Member State of residence. Such a person shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance under the legislation of that Member State. Those benefits shall be provided by the institution of the Member State of residence. Alternatively, a wholly unemployed person referred to in this paragraph, who would be entitled to an unemployment benefit solely under the national legislation of the competent Member State if he or she resided there, may instead opt to make themselves available to the employment services in that Member State and to receive benefits in accordance with the legislation of that Member State as if he or she were residing there.deleted

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 22

Regulation (EC) No 883/2004
Article 65 – paragraph 3

3. If a wholly unemployed person referred to in paragraphs 1 ~~or 2~~ does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence ~~or the Member State of last activity~~ Article 64 shall apply mutatis mutandis, except Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 22

Regulation (EC) No 883/2004
Article 65 – paragraph 5

5. Paragraphs ~~2 to~~3 and 4 of this Article shall not apply to a person who is partially or intermittently unemployed.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)

Regulation (EC) No 883/2004
Article 65a

22a. Article 65a is deleted.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 23

Regulation (EC) No 883/2004
Article 68b – paragraph 1

1. Family benefits in cash which are intended to replace or grant additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – introductory wording

1. The Commission shall ~~be empowered to~~ adopt implementing acts to specify~~ing~~ the procedure ~~to be followed in order to ensure uniform conditions for the application~~, including where appropriate, time limits, to be followed in order to ensure the implementation under uniform conditions of Articles 12 and 13 of this Regulation. Those implementing acts shall establish a standard procedure ~~including time limit~~s for:

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004
Article 76 a – paragraph 1 - indent 2

~~– the determination of situations in which the document shall be issu~~deleted,

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 3

– the elements to be verified before the document can be issued, withdrawn or rectified,

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 4

– the withdrawal or rectification of the document wby then i~~ts accuracy and validity is contested by the competent institution of the Member State of employment~~ssuing institution in accordance with Articles 5 and 19a of the implementing Regulation.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a

(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 2530 working days from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institution shall withdraw or rectify the document immediately and with retroactive effect.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a

Regulation (EC) No 987/2009
Article 14 – paragraph 1

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 posted within the meaning of the 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 services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediately before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52deleted OJ L 018 , 21.01.1997 p. 1.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b

Regulation (EC) No 987/2009
Article 14 – paragraph 5a

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~~, provided the undertaking perf~~. In determining the location of the registered office or place of business, a series of factorms a substantial activity in that Member State. Otherwise, it shall be deemed to be situated in the Member State where the centre of interest of activities of the undertaking determined in accordance with the criteria laid down in paragraphs 9 and 10 is located.shall be taken into account, including: (a) the place of residence of the main directors; (b) the places where general meetings are held; (iii) the place where administrative and accounting documents are kept; (iv) the place where financial and particularly banking transactions mainly take place; (v) the habitual nature of the activity pursued. The determination shall be carried out in the framework of an overall assessment, giving due weight to each of the criteria mentioned above. The Administrative Commission shall laydown the detailed arrangements for the determination.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)

Regulation (EC) No 987/2009
Article 19 a (new)

11a. The following article is inserted: “Article19a Cooperation in case of doubts about the validity of issued documents concerning the applicable legislation 1. Where there is doubt about the validity of a document showing the position of the 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 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 it or rectify it within 30 working days from the receipt of the request. 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 from the receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated and substantiated in the request, this shall be done within 10 working days from the receipt of the request, notwithstanding that the issuing institution may not have completed its deliberations pursuant to paragraph 2 above. 4. Where the requesting institution having received the available evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based or that the information upon which the document was issued is not correct, it may submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal or rectification of that document by the issuing institution in accordance with the procedure and timeframes set out above.”

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 2 – paragraph 1 – point 21

Regulation (EC) No 987/2009
Article 55 – paragraph 7

21. In ~~paragraph 7 of Article 55, the term “Article 65a(3)” is replaced by “Article 64a and Article 65a(3)”~~Article 55, paragraph 7 is deleted.

2018/01/23
Committee: EMPL

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Article 2 – paragraph 1 – point 22

Regulation (EC) No 987/2009
Article 55 a

22. The following Article 55a is inserted after Article 55: ‘Article 55a Obligation of employment service of the Member State of most recent insurance In the situation referred to in Article 61(2) of the basic Regulation, the institution of the Member State of most recent insurance shall immediately send a document to the competent institution of the Member State of previous insurance containing: the date on which the person concerned had become unemployed, the period of insurance, employment or self- employment completed under its legislation, the relevant circumstances of the unemployment likely to affect entitlement to benefits, the date of registration as unemployed person and their address.. ’deleted

2018/01/23
Committee: EMPL

26 Amendments of Kosma ZŁOTOWSKI related to 2016/0397(COD)

ParlTrack - 2011-2024