[ParlTrack]

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Recital 3 a (new)

(3a) The definitions and criteria for determining disability and invalidity differ widely across the Member States, which can constitute a major obstacle to the mutual recognition of national decisions on disability and invalidity issues, in particular as regards access to specific services and facilities, and can put people with a disability or invalidity at a particular disadvantage in the field of social security when moving from one Member State to another. It is therefore necessary, with a view to facilitating the travel and movement of persons with a disability or invalidity from one Member State to another, to ensure the mutual recognition of disability status between Member States, in particular through the swift implementation of the European Disability Card in all Member States which will be connected to the European Health Insurance Card and the European Social Security Card.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Recital 3 b (new)

(3b) In order to ensure the effective implementation and enforcement of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and guarantee the portability of disability benefits, harmonisation of disability policies in the Union, including the adoption of common definition, criteria and methods of evaluation of disability (percentage of disability) for the purpose of social security coordination should be adopted. The need for the adoption of the aforementioned emanated from the accession of the European Union to the UNCRPD, the first international organization to adhere to a UN human rights convention.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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. __________________ 33 OJ L 158, 30.4.2004, p. 77.deleted

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Tatjana ŽDANOKA, Gabriele ZIMMER

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 insured on the basis of Article 6.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Recital 9

(9) Following the recommendations in the EU Citizenship Report 2013,35 there is a need to extend the minimum duration of export of unemployment benefits ~~from three to six months~~until exhaustion of the rights acquired by the job seeker in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for requalification and reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Recital 15

(15) With a view to expediting the procedure for the verification, rectification and withdrawal of documents (in particular concerning the social security legislation which applies to the holder) in case of fraud and error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. Where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between Member States concerning the determination of the applicable legislation, it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time. In the absence of a response within the specified deadline, the requesting institution should become competent to determine the legislation applicable.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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

Regulation (EC) No 883/2004
Recital 5 a

(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.deleted

2018/03/02
Committee: PETI

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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

Regulation (EC) No 883/2004
Recital 5 b

(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 or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.

2018/03/02
Committee: PETI

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a regulation
Recital 5 a (new)

(5a) A growing number of mobile Union citizens is excluded from equal treatment and the protection granted through social security coordination, in particular those citizens excluded from the labour market without access to the social security benefits listed in Article 3 of this Regulation. The Commission should take the opportunity to develop a proposal on how to include social assistance and minimum income benefits in the scope of the Regulation in order to close the social protection gap within in the Union’s social security coordination regime. Alternatively, the Commission could, in close cooperation with the Parliament, the Council, the social partners and all relevant stakeholders from civil society, develop a European social protection regime for all mobile citizens who have so far been excluded from the Regulation. The proposed regimes could be based on Article 21 of the Treaty on the Functioning of the European Union and should have special regard to non-active mobile citizens and job seekers.

2018/01/23
Committee: EMPL

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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

Regulation (EC) No 883/2004
Recital 5 c

(5c) Not~~withstand~~hing withing 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 rightsis Regulation should restrict the fundamental rights of economically inactive persons and persons with the right of freedom of movement for the purposes of seeking employment 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), the entitlement to social security benefits and social services (Article 34) and the right to healthcare (Article 35).

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a

Regulation (EC) No 883/2004
Article 1 – point c

~~(a) In Point (c) the term “Title III, Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”.~~deleted

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Tatjana ŽDANOKA, Gabriele ZIMMER

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b

Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii

(b) In Point (i)(1)(ii) ~~after~~within the term “Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits” the term “ and Chapter 1a on long-term care benefits” is inserted. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.))

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Tatjana ŽDANOKA, Gabriele ZIMMER

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c

Regulation (EC) No 883/2004
Article 1 – point v a – point i

(c) In Point (va)(i) ~~after~~within the term “Title III, Chapter 1 (sickness, long-term care, maternity and equivalent paternity benefits),” the term "and Chapter 1a (long- term care benefits)” is inserted and the last sentence is deleted. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2018/03/02
Committee: PETI

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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, tTo 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

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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

Regulation 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 . __________________ 44deleted OJ L 158, 30.4.2004, p. 77.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Tatjana ŽDANOKA, Gabriele ZIMMER

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: (a) the anticipated or actual duration of such work does not exceed 246 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~~; and (b) for a period of at least six months immediately preceding the start of the activity as an employed person, the person concerned is already subject to the legislation of the Member State in which his or her employer is established.

2018/03/02
Committee: PETI

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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 insured on the basis of Article 6.

2018/01/23
Committee: EMPL

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Tatjana ŽDANOKA, Gabriele ZIMMER

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: (a) the anticipated or actual duration of such activity does not exceed 24six months and that the person is not replacing another posted employed or self-employed person., and (b) for a period of at least six months immediately preceding the start of the activity, the person concerned has already been subject to the legislation of the Member State in which he or she normally pursues his or her activity.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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

2a. Member States ensure that economically inactive mobile citizens and job seekers can access comprehensive sickness insurance cover in the host Member State by allowing such citizens to contribute in a proportionate manner to a sickness insurance or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Tatjana ŽDANOKA, Gabriele ZIMMER

Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)

~~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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (http://eur-

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)

Regulation (EC) No 883/2004
Article 19

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 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. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)~~benefit. Or. en (http://eur-

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Tatjana ŽDANOKA, Gabriele ZIMMER

Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)

Regulation (EC) No 883/2004
Article 30

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-

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Article 1 – paragraph 1 – point 17

Regulation (EC) No 883/2004
Chapter 1 a

17. After Article 35, the following Chapter is inserted: CHAPTER 1a Long-term care benefits Article 35a General provisions 1. provisions of this Chapter, Articles 17 to 32 shall apply mutatis mutandis to long- term care benefits. 2. shall draw up a detailed list of long-term care benefits which meet the criteria contained in Article 1 (vb) of this Regulation, specifying which are benefits in kind and which are benefits in cash. 3. paragraph 1, Member States may grant long-term care benefits in cash in accordance with the other Chapters of Title III, if the benefit and the specific conditions to which the benefit is subject are listed in Annex XII and provided that the outcome of such coordination is at least as favourable for the beneficiaries as if the benefit was coordinated under this Chapter. Article 35b Overlapping of long-term care benefits 1. benefits in cash granted under the legislation of the competent Member State receives, at the same time and under this Chapter, long-term care benefits in kind from the institution of the place of residence or stay in anotherdeleted Without prejudice to the specific The Administrative Commission By way of derogation from If a recipient of long-term care Two or more Member States, and an institution in the first Member State is also required to reimburse the cost of these benefits in kind under Article 35c, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: the amount of the benefit in cash shall be reduced by the reimbursable amount for the benefit in kind which is claimable under Article 35c from the institution of the first Member State. 2. their competent authorities, may agree on other or supplementary measures which shall not be less favourable for the persons concerned than the principles laid down in paragraph 1. Article 35c Reimbursement between institutions 1. Article 35 shall apply mutatis mutandis to long-term care benefits. 2. If the legislation of a Member State where the competent institution under this Chapter is situated does not provide for long-term care benefits in kind, the institution which is or would be competent in that Member State under Chapter 1 for the reimbursement of sickness benefits in kind granted in another Member State shall be deemed to be the competent one also under Chapter 1a..or (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.))

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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

19. Article 61 is replaced by the following: ‘Article 61 Special rules on aggregation of periods of insurance, employment or self- employment 1. 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 of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. 2. 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 Except in the cases referred to in Where an unemployed person does (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout)

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a

Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c

(a) In paragraph 1 point (c) the word ~~“three”~~ shall be replaced by ~~“six” and the words “of three months up to a maximum of six months” shall be replaced by the words “of six months up to the end of the period of that person's entitlement to benefits”;~~the following “(c) entitlement to unemployment benefits shall be maintained until their expiry;”

2018/03/02
Committee: PETI

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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~~giving them the choice to 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~~or from the Member State of residence in order to enhance the probability of the unemployed to find employment in the Member State where his or her chances are the highest.

2018/01/23
Committee: EMPL

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

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

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

– the withdrawal of the document: – when its accuracy and validity is contested by the competent institution of the Member State of employment. – when the issuing institution fails to respond within the specified deadline.

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Gabriele ZIMMER, Sofia SAKORAFA, Takis HADJIGEORGIOU

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 em~~deleted 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. The delegation of ~~the~~ power 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 the Council.. ’Before adopting a delegated act, As soon as it adopts a delegated A delegated act adopted pursuant

2018/03/02
Committee: PETI

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Recital 15

(15) With a view to expediting the procedure for the verification, rectification and withdrawal of documents (in particular concerning the social security legislation which applies to the holder) in case of fraud and error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. Where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between Member States concerning the determination of the applicable legislation, it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time. In the absence of a response within the specified deadline, the requesting institution should become competent to determine the legislation applicable.

2018/01/23
Committee: EMPL

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER

Proposal for a regulation
Article 2 – paragraph 1 – point 14

Regulation (EC) No 987/2009
Article 23 – last sentence

~~14. At the end of Article 23, the following sentence is added: This provision applies mutatis mutandis to long-term care benefits.~~deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER, Tatjana ŽDANOKA

Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)

Regulation (EC) No 987/2009
Article 23 – paragraph 1

(14a) In Article 23, paragraph 1 is replaced by the following: “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)~~ˮ (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (http://eur-

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Tatjana ŽDANOKA, Gabriele ZIMMER

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 1 is 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-

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER, Tatjana ŽDANOKA

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. en (http://eur-

2018/03/02
Committee: PETI

Kostadinka KUNEVA, Sofia SAKORAFA, Takis HADJIGEORGIOU, Gabriele ZIMMER, Tatjana ŽDANOKA

Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)

Regulation (EC) No 987/2009
Article 54 – paragraph 1

(19a) in Article 54, paragraph 1 is replaced by the following: 1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to Aunemployment benefits treated under article 61 of the basic Regulation. Without prejudice to the underlying obligations of the institutions involved, the person concerned may submit to the competent institution a document issued by the institution of the Member State to whose legislation he was subject in respect of his last activity as an employed or self- employed person specifying the periods completed under that legislation. ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)~~(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (http://eur-

2018/03/02
Committee: PETI

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Recital 16

(16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are posted ~~or sent~~ to pursue economic activity in a single Member State. Moreover, the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin involving membership of at least six months.

2018/01/23
Committee: EMPL

Kostadinka KUNEVA, Gabriele ZIMMER, Takis HADJIGEORGIOU, Sofia SAKORAFA

Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)

Regulation (EC) No 987/2009
Article 67 – paragraph 5

(26a) Article 67 paragraph 5 is replaced by the following: 5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 182 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)~~Or. en (http://eur-

2018/03/02
Committee: PETI

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation 883/2004
Recital 5 – addition

2. In Recital 5, after “the different national legislation for the persons concerned” the following wording is inserted: , subject to the conditions as regards the access to certain social security benefits by economically inactive mobile EU citizens in the host Member State 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.40 __________________ 40deleted OJ L 158, 30.4.2004, p. 77

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Recital 5a

(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.deleted

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Recital 5b

(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 or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Recital 5c

(5c) Not~~withstand~~hing withing 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 rightsis Regulation should restrict the fundamental rights of economically inactive persons and persons with the right of freedom of movement for the purposes of seeking employment 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), the entitlement to social security benefits and social services (Article 234) and the right to healthcare (Article 35).

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Recital 48 a (new)

(48a) Nothing within this Regulation limits the independent rights and obligations recognised in the European Social Charter, in particular the right to social security (Article 12), the right to social and medical assistance (Article 13), the right of migrant workers and their families to protection and assistance (Article 19), and the right to protection against poverty and social exclusion (Article 30). This Regulation should be implemented in accordance with those rights and obligations.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Recital 48 b (new)

(48b) Nothing within this Regulation limits the independent rights and obligations recognised in the European Convention on Social and Medical Assistance of the Council of Europe in the Member States concerned.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a

Regulation (EC) No 883/2004
Article 1 – point c

~~(a) In Point (c) the term “Title III, Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”.~~deleted

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b

Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii

(b) In Point (i)(1)~~(ii) after the term “~~, point (ii) is replaced by the following: “(ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits~~” the term “and Chapter 1a on long-term care benefits” is inserted.~~, any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;”

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c

Regulation (EC) No 883/2004
Article 1 – point va – point i

(c) In Point (va)~~(i) after the term “~~, point (i) is replaced by the following: (i) for the purposes of Title III, Chapter 1 (sickness, long-term care, maternity and equivalent paternity benefits),~~” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted~~ benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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/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: (a) the anticipated or actual duration of such work does not exceed 246 months and that the person is not posted ~~or sent~~ to replace another employed or self-employed person previously posted ~~or sent with~~within the meaning of this Article; and (b) for a period of at least six months immediately preceding the ~~meaning of this Article. __________________ 46~~start of the activity as an employed person, the person concerned is already subject to the legislation of the Member State in which his or her employer is established. OJ L 018, 21.01.1997 p. 1.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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: (a) the anticipated or actual duration of such activity does not exceed 24six months and that the person is not replacing another posted employed or self-employed person., and (b) for a period of at least six months immediately preceding the start of the activity, the person concerned has already been subject to the legislation of the Member State in which he or she normally pursues his or her activity.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

2a. Member States shall ensure that economically inactive mobile citizens and jobseekers can access comprehensive sickness insurance cover in the host Member State by allowing such citizens to contribute in a proportionate manner to a sickness insurance or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)

Regulation (EC) No 883/2004
Article 16 a (new)

(14a) The following Article is inserted: “Article 16a Prior issuance of document on applicable legislation Prior to a posting, the posting institution shall be required to issue to the host institution a document confirming the social security legislation applicable to the worker, drawn up in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009.”

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)

~~Sickness, maternity and equivalent paternity benefits lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)~~14b. 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

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)

Regulation (EC) No 883/2004
Article 19

14 c. 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 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. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)~~benefit.” Or. en (http://eur-

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)

Regulation (EC) No 883/2004
Article 33 a

(15a) The following Article is inserted “Article 33a Long-term care benefits The Administrative Commission shall, after consulting the social partners, representative associations of beneficiaries and professional bodies concerned, draw up a detailed list of long- term care benefits which meet the criteria contained in Article 1(vb), specifying which are benefits in kind and which are benefits in cash and if the benefit is provided to the person in need of care or to the person providing such care.”

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 17

17. After Article 35, the following Chapter is inserted: ‘CHAPTER 1a Long-term care benefits Article 35a General provisions 1. Without prejudice to the specific provisions of this Chapter, Articles 17 to 32 shall apply mutatis mutandis to long- term care benefits. 2. shall draw up a detailed list of long-term care benefits which meet the criteria contained in Article 1 (vb) of this Regulation, specifying which are benefits in kind and which are benefits in cash. 3. paragraph 1, Member States may grant long-term care benefits in cash in accordance with the other Chapters of Title III, if the benefit and the specific conditions to which the benefit is subject are listed in Annex XII and provided that the outcome of such coordination is at least as favourable for the beneficiaries as if the benefit was coordinated under this Chapter. Article 35b Overlapping of long-term care benefits 1. benefits in cash granted under the legislation of the competent Member State receives, at the same time and under this Chapter, long-term care benefits in kind 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 35c, the general provision on prevention of overlapping of benefits laid down in Article 10deleted The Administrative Commission By way of derogation from If a recipient of long-term care Two or more Member States, or Article 35 shall be applicable, with the following restriction only: the amount of the benefit in cash shall be reduced by the reimbursable amount for the benefit in kind which is claimable under Article 35c from the institution of the first Member State. 2. their competent authorities, may agree on other or supplementary measures which shall not be less favourable for the persons concerned than the principles laid down in paragraph 1. Article 35c Reimbursement between institutions 1. mutandis to long-term care benefits. 2. State where the competent institution under this Chapter is situated does not provide for long-term care benefits in kind, the institution which is or would be competent in that Member State under Chapter 1 for the reimbursement of sickness benefits in kind granted in another Member State shall be deemed to be the competent one also under Chapter 1a.. ’y mutatis If the legislation of a Member

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Article 61

19. Article 61 is replaced by the following: ‘Article 61 Special rules on aggregation of periods of insurance, employment or self- employment 1. 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 of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. 2. 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 Except in the cases referred to in Where an unemployed person does

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a

Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c

(a) In paragraph 1(c) the word “three” shall be replaced by “six” and the words “of three months up to a maximum of six months” shall be replaced by the words “of six months up to the end of the period of that person's entitlement to benefits”;, point (c) is replaced by the following: “(c) entitlement to unemployment benefits shall be maintained until their expiry;”

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a a (new)

Regulation (EC) No 883/2004
Article 64 – paragraph 2

(aa) Paragraph 2 is deleted.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b

Regulation (EC) No 883/2004
Article 64 – paragraph 3

(b) ~~In p~~Paragraph 3~~, the word “three” shall be replaced by “six” and the words “a maximum of six months” shall be replaced by the words “the end of the period of entitlement to benefits”~~ is deleted.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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~~ can choose to 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.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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 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~~ applyies to ~~such~~those benefits ~~nor shall the competent inst~~in situation 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 Reguls where the individual beneficiary of family benefits serving as income replacement during child raising does not fulfil his or her maintenance obligations.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)

Regulation (EC) No 883/2004
Article 71 – paragraph 1

23a. In Article 71, paragraph 1 is replaced by the following: “ The Administrative Commission for the Coordination of Social Security Systems (hereinafter called the Administrative Commission) attached to the European Commission shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the ~~European~~ Commission, a representative of the European Parliament and, where appropriate, representatives of the social partners, beneficiaries and professional bodies concerned shall attend ~~the~~ meetings of the Administrative Commission in an advisory capacity. ” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004R0)

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

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

– the issuance, the for~~mat and the contents~~gery-proof electronic format and the contents, with mandatory information, of a portable document certifying the social security legislation which applies to the holder and including a single European social security number,

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

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

– in the absence of a response from the issuing institution within the specified deadline.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a regulation
Article 1 – paragraph 1 – point 25 a (new)

Regulation (EC) No 883/2004
Article 79

25a. Article 79 is replaced by the following: Article 79 “Article 79 Funding of activities in the social security field In connection with this Regulation and the Implementing Regulation, the European Commission ~~may fund in full or in part: (a~~: (-a) shall contribute to the funding of: (i) the establishment of an electronic networking system of competent institutions; (ii) an EU-wide forgery-proof European social security card on which are stored all the data needed to verify the bearer’s employment relationship, such as details on his or her pay, social security status, working hours and, where applicable, specific rules on posting, and which would be subject to strict data- protection rules, particularly where privacy-sensitive personal data is processed; and (-aa) may fund in full or in part: (i) activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data; (bii) any other activity aimed at providing information to the persons covered by this Regulation and their representatives about the rights and obligations deriving from this Regulation, using the most appropriate means. ” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004R0883R(01))

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 987/2009
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. Such documents shall only be valid if all sections indicated as compulsory are filled in. However, such documents are not required to be accepted where they have not been withdrawn due to a breach of the principle of sincere cooperation by the issuing Member State.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

Regulation (EC) No 987/2009
Article 5 – paragraph 1 a (new)

1a. Where not all sections of the documents referred to in paragraph 1 that are indicated as compulsory are filled in, the institution of the Member State that receives the document shall, without delay, notify the issuing institution of the defect in the document. The issuing institution shall, as soon possible, rectify the document or confirm that the conditions of issuing the document are not fulfilled. If the missing information is not provided within five working days of notification of the defect, the requesting institution may proceed as if the document had never been issued and, if it does so, shall inform the issuing institution accordingly.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

Regulation 987/2009
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

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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 ihas already been subject, for a period of at least six months, to the legislation of the ~~sending~~ Member State ~~in accordance with Title II of the basic Regulation.. __________________ 52 OJ L 018, 21.01.1997 p. 1~~where the employer is established, in accordance with this Title.

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 2 – paragraph 1 – point 14

Regulation (EC) No 987/2009
Article 23 – second sentence

~~14. At the end of Article 23, the following sentence is added: ‘This provision applies mutatis mutandis to long-term care benefits. ’~~deleted

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)

15a. Article 25, paragraph 1 is 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

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)

Regulation (EC) No 987/2009
Article 25 – paragraph 3

15b. 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. en (http://eur-

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)

Regulation (EC) No 987/2009
Article 54 – paragraph 1

19 a. Article 54, paragraph 1 is replaced by the following: "1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to unemployment benefits treated under Article 61 of the basic Regulation. Without prejudice to the underlying obligations of the institutions involved, the person concerned may submit to the competent institution a document issued by the institution of the Member State to whose legislation he was subject in respect of his last activity as an employed or self- employed person specifying the periods completed under that legislation. ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)~~" Or. en (http://eur-

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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)”~~deleted

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 987/2009
Article 55a

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

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)

Regulation (EC) No 987/2009
Article 57 – title

23a. In Article 57, the title is replaced by the following: "Provisions for the application of Articles ~~61,~~ 62, 64 and 65 of the basic Regulation regarding persons covered by a special scheme for civil servants ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)~~" Or. en (http://eur-

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)

Regulation (EC) No 987/2009
Article 67 – paragraph 5

26a. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 182 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)~~" Or. en (http://eur-

2018/01/23
Committee: EMPL

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a regulation
Article 2 – paragraph 1 – point 26 b (new)

Regulation (EC) No 987/2009
Article 68 – paragraph 2

26b. in Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus 8 percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due. ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)~~" Or. en (http://eur-

2018/01/23
Committee: EMPL

Activities of Kostadinka KUNEVA related to 2016/0397(COD)

Plenary speeches (1)

Amendments (83)

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