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33 Amendments of Lukas MANDL related to 2016/0397(COD)

Amendment 56 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Recital 11 a (new)
(11a) As regards family benefits for family members living in a Member State other than the competent Member State, their costs and standards of living are likely to differ compared to those of family members residing in the competent Member State. Family benefits are intended to meet family expenses and therefore predominantly serve the purpose of partially meeting the actual costs for living.
2018/03/02
Committee: PETI
Amendment 58 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Recital 12
(12) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect oforder to amending the Annexes to this Regulation and to Regulation (EC) No 987/2009, and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.36 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States'’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 36 OJ L 123, 12.5.2016, p. 1–14 .
2018/03/02
Committee: PETI
Amendment 60 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Recital 12 a (new)
(12a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, to adopt upgrading and downgrading factors for the adjustment of family benefits for children residing in Member States other than the competent Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
2018/03/02
Committee: PETI
Amendment 67 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 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
2018/03/02
Committee: PETI
Amendment 68 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 883/2004
Recital 5
2a. Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the CommunityUnion equality of treatment under the different national legislation for the persons concerned.
2018/03/02
Committee: PETI
Amendment 70 #
Lukas MANDL, Sven SCHULZE
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
Amendment 73 #
Lukas MANDL, Sven SCHULZE
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 in the Member State in which they habitually reside.deleted
2018/03/02
Committee: PETI
Amendment 76 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 c
(5c) Notwithstanding 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 rights 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) and the right to healthcare (Article 35).deleted
2018/03/02
Committee: PETI
Amendment 79 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 d (new)
(5d) In applying the general principle of equal treatment provided for in this Regulation, the Court of Justice of the European Union held, in its judgments in cases C-140/12 Brey, C-333/13 Dano, C- 67/14 Alimanovic and C-299/14 Garcia- Nieto, that equal treatment may, as regards the access to special non- contributory cash benefits, which also constitute social assistance within the meaning of Directive 2004/38/EC, be subject to the limitations and the conditions set out in Article 24 of that Directive. In order to improve legal clarity for citizens of the Union and Member States’ institutions, that case-law should be codified. Limitations to equal treatment should respect Union law, including the principle of proportionality as interpreted by the Court of Justice.
2018/03/02
Committee: PETI
Amendment 80 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 e (new)
(5e) The Court of Justice held, in its judgment in case C-308/14, European Commission v. United Kingdom of Great Britain and Northern Ireland, that Member States may, in conformity with Union law, including the principle of proportionality, make the access of persons covered by Article 11(3)(e) of this Regulation to non-contributory social security benefits covered by Article 3 thereof, subject to the condition that those persons have a legal right of residence in accordance with Directive2004/38/EC. As stated by the Court, the verification of the legal right of residence should be carried out in accordance with the requirements of Directive 2004/38/EC. In order to improve legal clarity for Union citizens and Member States’ institutions, that case-law should be codified.
2018/03/02
Committee: PETI
Amendment 81 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EC) No 883/2004
Recital 5 f (new)
(5f) It is necessary to ensure that Union citizens are not treated less favourably than other persons who fall within the scope of this Regulation. The limitations to equal treatment introduced in this Regulation should therefore, without prejudice to rights of equal treatment provided for in other Union law, apply mutatis mutandis to those other persons.
2018/03/02
Committee: PETI
Amendment 83 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 a
(35a) Family benefits in cash intended to replace income during a periods of child- raising are individual rights which are personal to the parent subject to the legislation of the competent Member State. Given the specific nature of these family benefits, such benefits should be listed in Part I of Annex XIII to this Regulation and should be exclusively reserved to the parent concerned. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of membersor the purpose of calculating the differential supplement, this Regulation should take into account the judgment of the Court of Justice in Case C-347/12, Wiering, while providing for the necessary clarifications and simplifications. Taking into account the particular nature of the various family benefits of the Member States, two types of family benefit should not be of the fsamily should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Part II of Annex XIIIe kind and should be distinguished on the basis of their main purpose, objectives and the basis on which they are granted.
2018/03/02
Committee: PETI
Amendment 84 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 b (new)
(35b) The cost of living of family members especially children residing in a Member State other than the competent Member State varies depending on the Member States concerned. The purpose of family benefits is to partially meet the child´s costs of living. Member States listed in an annex to this Regulation should determine the amount of family benefits due to family members residing in Member States other than the competent Member State
2018/03/02
Committee: PETI
Amendment 85 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 c (new)
(35c) Family benefits in cash which are primarily intended to replace income that could not be earned, whether in part or in full, or income that the person cannot earn due to child-raising, can be distinguished from other family benefits intended to meet family expenses. As family benefits in cash could be considered to be individual rights which are inherent to the claimant, subject to the law of the competent Member State, it should be possible to link the entitlement to such benefits exclusively to the claimant. The Member State in which the family members of the claimant are resident should be able to decide not to apply the priority rules where there are overlapping rights to such benefits under that Member State’s law and the law of the competent Member State. Where a Member State decides not to apply the rules of priority it should do so consistently in respect of all persons entitled to such benefits in analogous situations.
2018/03/02
Committee: PETI
Amendment 86 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 46
(46) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect of amending the Annexes to this Regulation and to Regulation (EC) No 987/2009 and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in a Member State other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.43 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States'’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 43 COM(2015) 216 final.
2018/03/02
Committee: PETI
Amendment 90 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 1
1. Unless otherwise provided for by this Regulation, persons to whom this Regulation applies shall enjoy the same benefits and be subject to the same obligations under the legislation of any Member State as the nationals thereof.deleted
2018/03/02
Committee: PETI
Amendment 93 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 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
2018/03/02
Committee: PETI
Amendment 94 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) No 883/2004
Article 4 a (new)
11a. The following article is inserted: “Article 4a Limitations to equality of treatment for persons not having a legal right of residence under Union law 1. By way of derogation from Article 4 of this Regulation, a Member State whose legislation is applicable on the basis of Article 11(3)(e) of this Regulation may, in accordance with Union law, provide for access to [non-contributory social security benefits covered by Article 3] to be subject to the condition of having a legal right of residence in accordance with Directive 2004/38/EC. 2. Member States may apply the limitations referred to in paragraph 1 mutatis mutandis to stateless persons and refugees as well as to the members of their families and to their survivors who do not fulfil the conditions of legal residence or stay in accordance with other relevant Union law.”
2018/03/02
Committee: PETI
Amendment 108 #
Lukas MANDL, Sven SCHULZE
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
2018/03/02
Committee: PETI
Amendment 112 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 883/2004
Article 64
20. Article 64 is amended as follows: (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”; (b) shall be replaced by “six” and the words “a maximum of six months” shall be replaced bydeleted In paragraph 3, the words “the end of the period of entitlement to benefits”.ree”
2018/03/02
Committee: PETI
Amendment 120 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
22a. The following article is inserted: “Article 67a Derogation for family members residing in a Member State other than the competent Member State 1. By way of derogation from Article 67, family benefits due from the competent Member State for family members residing in another Member State shall be adjusted in accordance with the adjustment mechanism provided for in in Article 67b, taking into account the up- and downgrading factors referred to in Article 67c. 2. Member States that apply this derogation shall be listed in Annex XIIIb by means of the procedure provided for in Article 67b.”
2018/03/02
Committee: PETI
Amendment 121 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Regulation (EC) No 883/2004
Article 67 b (new)
22b. The following article is inserted: “Article 67b Delegated acts for the creation of an adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a in order to supplement this Regulation by establishing a consistent and functional adjustment mechanism for exported family benefits and to amending the list of Member States and competent regional authorities set out in Annex XIIIb which apply the adjustment mechanism.”
2018/03/02
Committee: PETI
Amendment 122 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 22 c (new)
Regulation (EC) No 883/2004
Article 67 c (new)
22c. The following article is inserted: “Article 67c Implementing acts establishing up- and downgrading factors for the adjustment mechanism The Commission shall adopt implementing acts in order to establish up- and downgrading factors for the adjustment mechanism provided for in Article 67b for each Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88b.”
2018/03/02
Committee: PETI
Amendment 123 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 22 d (new)
Regulation (EC) No 883/2004
Article 68 – paragraph 2 a (new)
22d. In Article 68, the following paragraph is inserted: "2a. For the purposes of calculating the differential supplement for family benefits as referred to in paragraph 2, there shall be two categories of benefits of the same kind: (a) family benefits in cash primarily intended to replace part or the whole of income that claimant has not earned or cannot earn due to child-raising; and (b) all other family benefits.”
2018/03/02
Committee: PETI
Amendment 124 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68 b – paragraph 1
1. 1. Family benefits in cash which are intended to replace income during periods of child-raising andreferred to in point (a) of Article 68(2a) which are listed in Part 1I of Annex XIII shall be awarded solely to the person subject tounder the legislation of the competent Member State and there shall be no derived right for his or her family memberssolely to the person subject to that legislation. There shall be no derived right to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution 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 Regulation.
2018/03/02
Committee: PETI
Amendment 125 #
Lukas MANDL, Sven SCHULZE
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Article 70 – paragraph 4 a (new)
23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”
2018/03/02
Committee: PETI
Amendment 128 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 27
2. The delegation of power referred to in Articles 67b and 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].
2018/03/02
Committee: PETI
Amendment 129 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 3
3. The delegation of the power referred to in Article 67b and 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
2018/03/02
Committee: PETI
Amendment 130 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 27
6. A delegated act adopted pursuant to Articles 67b and 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..
2018/03/02
Committee: PETI
Amendment 131 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
Regulation (EC) No 883/2004
Article 88 b (new)
27a. The following article is inserted: "Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."
2018/03/02
Committee: PETI
Amendment 132 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – point 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, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.
2018/03/02
Committee: PETI
Amendment 146 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Annex I – point 7
Regulation (EC) No 883/2004
Annex XIII
Part II Member States which award family benefits referred in Article 65b(1)8b in full
2018/03/02
Committee: PETI
Amendment 147 #
Lukas MANDL, Sven SCHULZE, Heinz K. BECKER
Proposal for a regulation
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
7a. The following annex is added: “Annex XIIIa (Article 67c) Adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State Member States and competent regional authorities adapting family benefits in accordance with the adjustment mechanism referred to in Article 67b:”
2018/03/02
Committee: PETI
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