BETA

38 Amendments of João PIMENTA LOPES related to 2016/0397(COD)

Amendment 71 #
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
Amendment 91 #
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. __________________ 34OJ L 018, 21.01.1997 p. 1.
2018/01/23
Committee: EMPL
Amendment 97 #
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
Amendment 116 #
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 workersgiving 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 monthsor 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
Amendment 139 #
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
Amendment 145 #
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
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 883/2004
Recital 3 a (new)
1a. After Recital 3, the following is inserted: “(3a) Social security systems should be based on public schemes, ensuring universal and inclusive access for all citizens, migrants and refugees and making it possible to limit factors leading to social and economic exclusion. Such schemes should be underpinned by policies designed to boost employment, improve pay, achieve a better distribution of created wealth and income and enhance revenue through diversified sources of funding, focusing on more effective measures to combat tax evasion and tax fraud.”
2018/01/23
Committee: EMPL
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
(4)1b. After Recital 4, the following is inserted: It is necessary to respect the special characteristics of national social security legislation and to draw up only a system of coordination. Any measures seeking to harmonise social security systems that run counter to their public, universal and inclusive principles, limit their scope or impose rules that do not correspond to the situation at national level, do not conform to this objective.
2018/01/23
Committee: EMPL
Amendment 157 #
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
Amendment 166 #
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
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5c
(5c) Notwithstandhing 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
Amendment 197 #
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
Amendment 204 #
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
Amendment 212 #
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
Amendment 217 #
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
Amendment 240 #
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
Amendment 264 #
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 withwithin the meaning of this Article; and (b) for a period of at least six months immediately preceding the meaning of this Article. __________________ 46start 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
Amendment 271 #
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
Amendment 300 #
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
Amendment 303 #
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
Amendment 307 #
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
Amendment 323 #
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
Amendment 355 #
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
Amendment 388 #
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
Amendment 392 #
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
Amendment 394 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b
Regulation (EC) No 883/2004
Article 64 – paragraph 3
(b) In pParagraph 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
Amendment 401 #
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
Amendment 421 #
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
Amendment 520 #
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
Amendment 557 #
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. 1where the employer is established, in accordance with this Title.
2018/01/23
Committee: EMPL
Amendment 607 #
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
Amendment 610 #
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
Amendment 615 #
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
Amendment 618 #
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
Amendment 635 #
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
Amendment 638 #
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
Amendment 641 #
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
Amendment 645 #
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