14 Amendments of Agnes JONGERIUS related to 2016/0397(COD)
Amendment 81 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Regulation (EC) No 883/2004 establishes a generally acceptable legal framework. Member States have a moral obligation to seek to reduce, by means of bilateral agreements, any administrative burden experienced by the public. Measures should be taken to set up national bodies responsible for verifying contributions relating to cross-border activities in the relevant Member State, while at the same time ensuring compliance with European legislation. Efforts should also be made to develop an electronic information exchange tool for verification purposes, giving national labour inspectorates rapid access to requisite data. The Regulation should accordingly remain closely in step with the Directive on the posting of workers.
Amendment 121 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Freedom to choose for frontier workers could facilitate labour market access. Border workers may choose to make themselves available to the employment services in the Member State concerned. If use is made of this option, it is essential to enhance administrative cooperation between the authorities responsible for the cross-border workers in question, for the regulatory framework provisions, such as the steps to be completed in the Member State of residence, to be simplified by clarifying the remit of the employment service responsible for further action and for exchanges between the relevant institution of the Member State of last activity and that of the Member State in which the job seeker is resident to be conducted in the language of the former.
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
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 or effective 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[XX] months. __________________ 46 OJ L 018, 21.01.1997 p. 1.
Amendment 272 #
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 legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24XX months and that the person is not replacing another posted employed or self-employed person..
Amendment 281 #
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. For the purpose of paragraphs 1 and 2, in case of replacement of posted workers performing the same or similar task at the same place, the cumulative duration of the posting periods of the workers shall be taken into account.
Amendment 296 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 412 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1
Article 65 – paragraph 1
1. An unemployed person who, during his or her last activity as an employed or self-employed person resided in a Member State other than the competent Member State shalland who has been subject to the legislation of the competent Member State for a period of [xxxx] may opt to make himself or herself available to the former employer or to the employment services in the competent Member State. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State if he or she complies with national legislation, including the monitoring requirements of the competent Member State. A person who is wholly unemployed may, in addition, make himself or herself available to the employment services in the Member State of residence.
Amendment 523 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued or qualified as a fraudulent document pursuant Article 5a. Such documents shall only be valid if all sections indicated as compulsory are filled in.
Amendment 531 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
Amendment 537 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) The absence of response by the issuing institution to the requesting institution shall constitute a breach of the principle of sincere cooperation by the issuing Member State.
Amendment 547 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EC) No 987/2009
Article 5 a (new)
Article 5 a (new)
7a. The following article is inserted : « Article 5a Fraudulent documents In a situation in which a court of the host Member State or a court of the home Member State finds that documents issued was obtained or invoked fraudulently, that court may disapply that document. In order to find that there has been fraud, justifying disapplication of the document, it is necessary to establish, first, that the conditions laid down in the provisions under which the document was issued are not satisfied in the present case and, second, that the persons concerned intentionally concealed the fact that those conditions are not met.”
Amendment 564 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a a (new)
Article 2 – paragraph 1 – point 8 – point a a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 2
Article 14 – paragraph 2
(aa) paragraph 2 is replaced by the following: "2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities, other than purely internal management activities, in the territory of the Member State in which it is established, taking account of all criteria characterising the activities carried out by the undertaking in question. The relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out. and shall include at least: (a) the place where posted workers are recruited and from which they are posted; (b) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other; (c) the place where the undertaking performs its substantial business activity and where it employs administrative staff; (d) the number of contracts performed and/or the size of the turnover realised in the Member State of establishment, taking into account the specific situation of, inter alia, newly established undertakings and SMEs. " Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:284:0001:0042:en:PDF)
Amendment 579 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
Regulation (EC) No 987/2009
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
Amendment 588 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Regulation (EC) No 987/2009
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Whenever an institution is asked to issue the attestation referred to above, it shall carry out a proper assessment of the relevant facts and guarantee that the information on the basis of which the attestation is provided is correct. Upon issuing the attestation, it shall notify the competent authority of the Member State for which it is intended. The legislation of the issuing Member State shall only be applicable as from the date of the issuance of the attestation.