Activities of Helga STEVENS related to 2016/0397(COD)
Plenary speeches (2)
Coordination of social security systems (A8-0386/2018 - Guillaume Balas) (vote)
Coordination of social security systems (debate) NL
Amendments (36)
Amendment 63 #
Proposal for a regulation
Recital 3
Recital 3
(3) It has emerged from evaluations and discussions within the Administrative Commission for the Coordination of Social Security Systems that in the areas of long- term care benefits, unemployment benefits and family benefits the modernisation process should continue, in order to make such rules fairer, clearer and easier to apply.
Amendment 65 #
Proposal for a regulation
Recital 4
Recital 4
(4) It remains essential that the coordination rules keep pace with the evolving legal and, societal, economic, demographic and technological context in which they operate by further facilitating the exercise of citizens’ rights while at the same time ensuring legal clarity, a fair and equitable distribution of the financial burden among the institutions of the Member States involved and administrative simplicity and enforceability of the rules. In that context, Council Directive 2000/78/EC1a and the United Nations Convention on the Rights of Persons with Disabilities, in particular Article 27 thereof, should be duly taken into account. _________________ 1a Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
Amendment 67 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Freedom of movement is a cornerstone of the internal market. However, the internal market cannot function in the absence of mutual trust. In order to safeguard the benefits of mobility, the EU must fight abuse, fraud and unfair competition.
Amendment 74 #
Proposal for a regulation
Recital 5
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 45in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 ofn the Treaty on the Functioning of the European Unionright of citizens of the Union and their family members to move and reside freely within the territory of the Member States. __________________ 33 OJ L 158, 30.4.2004, p. 77.
Amendment 82 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 94 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.34 In addition, to achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules of this regulation for the determination of applicable legislation in the cases of workers and self-employed 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. OJ L 018, 21.01.1997 p. 1.
Amendment 104 #
Proposal for a regulation
Recital 8
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 threesix 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.
Amendment 108 #
Proposal for a regulation
Recital 9
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 in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegrationIntra-EU mobility can address mismatches between skills and employment opportunities, and help tackling unemployment in the EU. However, the exportability of unemployment benefits poses significant problems in terms of mutual cooperation between Member States for monitoring jobseeking activities. To avoid the misuse of rights, the competent Member State can take into account national labour needs as well as available opportunities into the labour market and to address skills mismatches across borderhost Member State before granting the exportation of unemployment benefits. __________________ 35COM(2013) 269 final.
Amendment 124 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) While coordination rules cannot prevent that mobile citizens have lower protection than non-mobile citizens, Member States are encouraged to find bilateral solutions according to Article 16.
Amendment 140 #
Proposal for a regulation
Recital 15
Recital 15
(15) With a view to expediting the procedure for the verification 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 case of irrefutable fraud the receiving Member State can refuse these documents. The principle ‘fraus omnia corrumpit’ has an absolute character in Union law.
Amendment 147 #
Proposal for a regulation
Recital 16
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.
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5a
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 45in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 ofn the Treaty on the Functioning of the European Unionright of citizens of the Union and their family members to move and reside freely within the territory of the Member State. In order to improve legal clarity for citizens and institutions, a codification of this case law is necessary.
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point v c (new)
Article 1 – point v c (new)
“(vc) “work-related disability benefit” means any benefit in kind, cash or combination of both that is provided to economically active citizens with a disability with the objective of supporting their access to, inclusion and retention in the labour market.”
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point b (new)
Article 3 – paragraph 1 – point b (new)
(bb) “work-related disability benefits”
Amendment 254 #
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 duration of such work does not exceed 24(XXX) months and that the person is not posted or sentsent with the aim to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46person previously sent. OJ L 018, 21.01.1997 p. 1.
Amendment 280 #
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 24(XXX) months and that the person is not aimed at replacing another posted employed or self-employed person.erson previously sent.
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 883/2004
Article 13 – paragraph 4 a
Article 13 – paragraph 4 a
Amendment 359 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
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 threesix months of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 370 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
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 threesix 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..
Amendment 383 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c
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 word, point (c) is replaced by the following: “(c) the competent Member State has assessed the national labour needs as well as the job opportunities in the host Member State and concludes that the exportability of unemployment benefits creates additional possibilities for activation. In that case entitlements to benefits shall be retained for a period of three months from the date when the unemployed person ceased to be available to the employment services “of six months up to the end of the perthe Member State which he left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of this entitlement to benefits under the legislatiodn of that person's entitlement to benefits”; Member State; the competent services or institutions may extent the period of three months up to a maximum of six months. The Member State which declines the exportability of unemployment benefits provides an individual motivation for this decision.”
Amendment 437 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
Article 67 a (new)
22a. The following article is inserted: “Article 67a Indexation of family benefits The competent Member States may index the exportation of family benefits for family member residing in another Member State. "
Amendment 452 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Chapter 9 a (new) – Article 70 a (new)
Chapter 9 a (new) – Article 70 a (new)
Amendment 463 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
Article 76 a – paragraph 1 – indent 1
– the issuance, the electronic format and the contents, with mandatory information of a portable document certifying the social security legislation which applies to the holder,
Amendment 480 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25 a (new)
Article 1 – paragraph 1 – point 25 a (new)
Regulation (EC) No 883/2004
Article 79
Article 79
25a. Article 79 is replaced by the following: “Article 79 Funding of activities in the social security field In connection with this Rregulation and the Iimplementing Rregulation, the European Commission may fund in full or in part: (a) exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data; (b) contribute to the funding of the establishment of an electronic networking system of competent institutions using the Crossroads Bank for Social Security* model as an example.” activities aimed at improviding 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. any other activity aimed at __________________ * http://www.ksz.fgov.be/en/international/pa ge/content/websites/international/aboutcb ss.html
Amendment 511 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point e a
Article 1 – paragraph 2 – point e a
(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or, to avoid to pay social security contributions or to avoid the applicable law, contrary to the law of a Member State in accordance to the basic Regulation and the implementing Regulation;.
Amendment 521 #
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. Such documents shall only be valid if all sections indicated as compulsory are filled in. However, such documents shall not be required to be accepted in the case of irrefutable fraud by the institution of the receiving Member State.
Amendment 540 #
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 a (new)
Article 5 – paragraph 2 a (new)
2a. Where the institution of the receiving Member State refuses the validity of the document in the case of irrefutable fraud, it notifies, without delay, the issuing institution. The issuing institution has 25 days to proof the validity of the document or to withdraw the document. During those 25 days the document is considered to be invalid. In case proof of validity is not accepted by the receiving institution, and the issuing institution disagrees, it can bring the matter before the Administrative Commission.
Amendment 542 #
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 – paragraph 4
Article 5 – paragraph 4
7a. In Article 5, paragraph 4 is replaced by the following: “4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it.”
Amendment 552 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
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.. __________________ 52 OJ L 018 , 21.01.1997 p. 1.
Amendment 565 #
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 Rregulation, 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 into account of all criteria characterising the activities carried out by the undertaking in question, such as the hours worked in the sending state where such hours worked are at least 25% of the total hours worked. The relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out.”
Amendment 572 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
(ba) in paragraph 8, the third subparagraph is replaced by the following: “In the framework of an overall assessment, a share of less than 25 % in respect of the criteria mentioned above shall be anof hours worked shall indicatore that a substantial part of the activities is not being pursued in the relevant Member State.”
Amendment 584 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
Amendment 596 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
Article 20 a – paragraph 1 – indent 1
Article 20 a – paragraph 1 – indent 1
– the issuance, the electronic format and the contents, with mandatory information of a portable document certifying the social security legislation which applies to the holder,
Amendment 683 #
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
Regulation (EC) No 987/2009
Article 85a – paragraph 1 – introductory part
Article 85a – paragraph 1 – introductory part
1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials and responsible office-holders authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section:
Amendment 684 #
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
Regulation (EC) No 987/2009
Article 85a – paragraph 2
Article 85a – paragraph 2
2. In so far as it is permitted under the legislation in force in the Member State of the requested party, the agreement referred to in paragraph 1(b) may provide that officials or responsible office-holders of the Member State of applicant party may interview individuals and examine records.
Amendment 699 #
Proposal for a regulation
Annex I – point 7 a (new)
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
Annex XIII a (new)
7a. the following Annex is added: “Annex XIII (a) WORK-RELATED DISABILITY BENEFITS”