27 Amendments of Enrique CALVET CHAMBON related to 2016/0397(COD)
Amendment 88 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 883/2004
Recital 20
Recital 20
4a. Recital 20 is replaced by the following: “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Recital 24
Recital 24
(24) Long-term care benefits for insured persons and members of their families needshould, in principle, continue to be coordinated according to specific rules which, in principle, follow the rules applicable to sickness benefits,the rules applicable to sickness benefits, taking the specific nature of long-term care benefits into account and in line with the case law of the Court of Justice. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
Article 1 – point c
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
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;
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point va – point i
Article 1 – point va – point i
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c a (new)
Article 1 – paragraph 1 – point 9 – point c a (new)
Regulation (EC) No 883/2004
Article 1 – point va
Article 1 – point va
(ca) Point (va) is replaced by the following: (va) “Benefits in kind” means: (i) for the purposes of Title III, Chapter 1 (regarding sickness, maternity and equivalent paternity benefits), 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. This includes long-term care benefits in kind; (ii) for the purposes of Title III, Chapter 1 regarding long-term care benefits, 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 long-term care as defined in point (vb); (iii) for the purposes of Title III, Chapter 2 (accidents at work and occupational diseases), all benefits in kind relating to accidents at work and occupational diseases as defined in point (i) above and provided for under the Member States’ accidents at work and occupational diseases schemes;
Amendment 259 #
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 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. __________________ 46OJ L 018, 21.01.1997 p. 1.
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Title III – Chapter 1 – title
Amendment 304 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EC) No 883/2004
Article 19
Article 19
14b. 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 either 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. (http://www.at4am.ep.parl.union.eu/at4am/ameditor.html?documentID=20512&locale=en#)benefit.” Or. en
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
14c. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who has retired because of old-age or invalidity is entitled in the event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment for sickness or of provision of long-term care which began in that Member State. ‘Continuation of treatment’ in the case of sickness means the continued investigation, diagnosis and treatment of an illness for its entire duration. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)‘Continuation of provision of long-term care’ means the continued granting of long-term care benefits in kind where entitlement to such benefits was established prior to retirement.” Or. en (http://eur-
Amendment 322 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 30
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-
Amendment 330 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a (new)
Article 33 a (new)
15a. the following Article is inserted: “Article 33a Long-term care benefits 1. The Administrative Commission shall draw up a detailed list of long-term care benefits which meet the criteria contained in point (vb) of Article 1, specifying which are benefits in kind and which are benefits in cash. 2. By way of derogation from paragraph 1, Member States may coordinate long-term care benefits in accordance with another Chapter in Title III, provided that the outcome of such coordination is at least as favourable to the beneficiaries as it would be if the benefit were coordinated as a long-term care benefit under this Chapter and the benefit and the specific conditions to which the benefit is subject are listed in Annex XII. 3. Article 34 (1) and (3) shall also apply to benefits listed in Annex XII.”
Amendment 333 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, provided by the Member State competent for cash benefits under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose 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 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 345 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1 a
Chapter 1 a
Amendment 465 #
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 format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 468 #
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 2
Article 76 a – paragraph 1 – indent 2
– the determination of situations in which the document shall be issued, rectified or withdrawn,
Amendment 474 #
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 4
Article 76 a – paragraph 1 – indent 4
– the withdrawal of the document when its accuracy and validity is contested for justified reasons by the competent institution of the Member State of employment.
Amendment 585 #
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 598 #
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 format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 604 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Regulation (EC) No 987/2009
Title III – Chapter 1– title
Title III – Chapter 1– title
Sickness, long-term care, maternity and equivalent paternity benefits, and long-term care benefits.
Amendment 606 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Regulation (EC) No 987/2009
Article 23 – second sentence
Article 23 – second sentence
Amendment 609 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
Regulation (EC) No 987/2009
Article 23
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-
Amendment 613 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15Regulation (EC) No 987/2009
Article 2 – paragraph 1 – point 15Regulation (EC) No 987/2009
Article 24 – paragraph 3