BETA

Activities of Marian HARKIN related to 2016/0397(COD)

Plenary speeches (1)

Coordination of social security systems (debate)
2016/11/22
Dossiers: 2016/0397(COD)

Amendments (59)

Amendment 88 #
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, to 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. __________________ 34deleted OJ L 018, 21.01.1997 p. 1.
2018/01/23
Committee: EMPL
Amendment 119 #
Proposal for a regulation
Recital 10 a (new)
(10a) The new provisions on unemployment benefit for cross-border workers could in some cases worsen the conditions for their return to the labour market. It is essential, therefore, to enhance administrative cooperation between the competent authorities responsible for supporting cross-border workers and for the regulatory framework to facilitate, for example, the steps to be completed in the Member State of residence, by clarifying the competence of the public employment service responsible for providing support to them, and for exchanges between the competent institution of the Member State of last activity and the job seeker to be conducted in an understandable language. The public employment service of the Member State of last activity must take into account the specific situation of job seekers whose place of residence is not in the Member State of last activity, and therefore establish specific accompanying measures facilitating their return to employment. Cross-border job seekers shall have the possibility to make themselves available to a cross-border employment service, providing that such a service exists in the geographic area corresponding to the area of their job research.
2018/01/23
Committee: EMPL
Amendment 129 #
Proposal for a regulation
Recital 11 a (new)
(11a) Significant economic differences still exist between Member States. For members of the family residing in another Member State other than the competent Member State, different standards and costs of living are a necessary consideration for the calculation of family benefits.
2018/01/23
Committee: EMPL
Amendment 133 #
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 of amending the Annexes to this Regulation and Regulation (EC) No 987/2009, and to establish a fair and optional adjustment mechanism for the calculation of family benefits in relation to children residing in another 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 2016.36 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.
2018/01/23
Committee: EMPL
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 883/2004
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-
2018/01/23
Committee: EMPL
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
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.
2018/01/23
Committee: EMPL
Amendment 187 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) 883/2004
Recital 35 b(new)
(35b) For members of the family residing in another Member State other than the competent Member State, different standards and costs of living are a necessary consideration for the calculation of family benefits. The Commission should, by means of delegated acts, establish an optional adjustment mechanism for the calculation of family benefits in relation to children residing in another Member State other than the competent Member State.
2018/01/23
Committee: EMPL
Amendment 193 #
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 Regulation (EC) No 987/2009, and establish a fair and optional adjustment mechanism for the calculation of exporting family benefits by Member States for children residing in another 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.
2018/01/23
Committee: EMPL
Amendment 205 #
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 209 #
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 “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted.deleted
2018/01/23
Committee: EMPL
Amendment 213 #
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 214 #
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 “Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted.
2018/01/23
Committee: EMPL
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c a (new)
Regulation (EC) No 883/2004
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;
2018/01/23
Committee: EMPL
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb
(vb) “long-term care benefit” means any benefit in kind, cash or a combination of both for persons who, over an extended period of time, on account of old-age, disability, illness or impairment, require considerable assistance from another person or persons to carry out essential daily activities, including to support their personal autonomy; this includes benefits granted to or for the person providing such assistance;
2018/01/23
Committee: EMPL
Amendment 236 #
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. __________________ 44deleted OJ L 158, 30.4.2004, p. 77.
2018/01/23
Committee: EMPL
Amendment 259 #
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 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.
2018/01/23
Committee: EMPL
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
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” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 304 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EC) No 883/2004
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
2018/01/23
Committee: EMPL
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
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-
2018/01/23
Committee: EMPL
Amendment 322 #
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 330 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
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.”
2018/01/23
Committee: EMPL
Amendment 333 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
16. Article 34 is deleted.
2018/01/23
Committee: EMPL
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
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-
2018/01/23
Committee: EMPL
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)16b. In Article 34, paragraph 2 is deleted. Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 345 #
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. 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
Amendment 414 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1
1. An unemployed person who, during his or her last activity as an employed or self-employed person resided in a Member State other than the competent Member State shall make himself or herself available to the former employer or to the employment services in the competent Member State. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State. He or she shall have the possibility to make himself or herself available to the employment services of the Member State of residence as well.
2018/01/23
Committee: EMPL
Amendment 417 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1 a (new)
1a. An unemployed person register as job seeker with the employment services of the Member State of last activity shall benefit from a follow-up in an understandable language, in connection with EURES-t counsellors responsible for all the issues related to cross-border mobility in regions facing an important stream of cross-border workers.
2018/01/23
Committee: EMPL
Amendment 428 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 4
4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State. He or she shall as well be able to make himself or herself available to a cross-border employment service, providing that such a service exists in the geographic area of his or her job research.
2018/01/23
Committee: EMPL
Amendment 438 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)22a. The following article is inserted: “Article 67a Derogation rules for members of the family residing in another Member State 1. By derogation from Article 67, family benefits from competent Member States for the family members residing in another Member State will be adjusted according to the mechanism set out in Article 67b. Member States applying this derogation will be listed in Annex XIV by reference to the adaption of rules 67b. 2. The Commission shall adopt upgrading and downgrading factors for the optional adjustment mechanism set out in Article 67b for each Member State in accordance with the examination procedure referred to in Article 88b.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 441 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)22b. The following article is inserted “Article 67b Delegated acts for an optional adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a, supplementing this Regulation by establishing a fair and optional adjustment mechanism for the calculation of exporting family benefits by Member States for children residing in another Member State other than the competent Member State.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 465 #
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 format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
2018/01/23
Committee: EMPL
Amendment 468 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 2
– the determination of situations in which the document shall be issued, rectified or withdrawn,
2018/01/23
Committee: EMPL
Amendment 474 #
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 for justified reasons by the competent institution of the Member State of employment.
2018/01/23
Committee: EMPL
Amendment 492 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 2
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].
2018/01/23
Committee: EMPL
Amendment 496 #
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 Articles 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
2018/01/23
Committee: EMPL
Amendment 503 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 6
6. A delegated act adopted pursuant to Articles 67b and 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.
2018/01/23
Committee: EMPL
Amendment 505 #
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, which shall be a Committee within the meaning of Regulation (EU) No 182/2001. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”
2018/01/23
Committee: EMPL
Amendment 508 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 987/2009
Recital 13
-1. Recital 13 is amended as follows: "(13) This Regulation provides for measures and procedures to promote the mobility of employees and unemployed persons. Frontier workers who have become wholly unemployed may make themselves available to the employment services in both their country of residence and the Member State where they were last employed. However, they should be entitled to benefits only from their Member State of residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 536 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2– point c
(c) Where the requesting institution having received the supporting evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based that the information upon which the document was issued is not correct, it mayshall submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal of that document by the issuing institution in accordance within the procedure and timeframes set out above..
2018/01/23
Committee: EMPL
Amendment 551 #
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 is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52OJ L 18, 21.01.1997 p. 1.
2018/01/23
Committee: EMPL
Amendment 583 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and, the persons and the employer concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
2018/01/23
Committee: EMPL
Amendment 585 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
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.
2018/01/23
Committee: EMPL
Amendment 598 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
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,
2018/01/23
Committee: EMPL
Amendment 604 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Regulation (EC) No 987/2009
Title III – Chapter 1– title
Sickness, long-term care, maternity and equivalent paternity benefits, and long-term care benefits.
2018/01/23
Committee: EMPL
Amendment 606 #
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 609 #
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 613 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15Regulation (EC) No 987/2009

Article 24 – paragraph 3
15. In Article 24(3), the term "and 26" is replaced by ", 26 and 35a".deleted
2018/01/23
Committee: EMPL
Amendment 614 #
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 1is 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 617 #
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 long-term care.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 624 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
16. In Article 28(1), after the term "pursuant to Article 21(1) of the basic Regulation", the following term is added "in accordance with Article 35a thereof".deleted
2018/01/23
Committee: EMPL
Amendment 628 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point c
Regulation (EC) No 987/2009
Article 31 – title
(c) The title is replaced by the following title: ‘Application of Article 35b of the basic Regulation; ’deleted
2018/01/23
Committee: EMPL
Amendment 629 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point d
Regulation (EC) No 987/2009
Article 31 – paragraph 1
(d) In paragraph 1, the term "Article 34" is replaced by "Article 35b";deleted
2018/01/23
Committee: EMPL
Amendment 630 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point e
Regulation (EC) No 987/2009
Article 31 – paragraph 2
(e) In paragraph (2), the term "Article 34(2)" is replaced by "Article 353a (21)".
2018/01/23
Committee: EMPL
Amendment 631 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 633 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Regulation (EC) No 987/2009
Article 32 – paragraph 4
18. In Article 32, the following paragraph 4 is added after paragraph 3: ‘4. mutandis to long-term care benefits. ’deleted This Article applies mutatis
2018/01/23
Committee: EMPL
Amendment 647 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Regulation (EC) No 987/2009
Title VI – Chapter I – title
24. Chapter 1 of Title IV is renamed as follows: ‘CHAPTER I Reimbursement of the cost of benefits in application of Article 35, 35c and Article 41 of the basic Regulation’deleted
2018/01/23
Committee: EMPL
Amendment 691 #
Proposal for a regulation
Annex I – point 7
Regulation (EC) No 883/2004
Annex XII – title
LONG-TERM CARE BENEFITS IN CASH PROVIDED IN DEROGATION FROM ARTICLE 353A(1) OF CHAPTER 1A
2018/01/23
Committee: EMPL
Amendment 692 #
Proposal for a regulation
Annex I – point 7
Regulation (EC) No 883/2004
Annex XII – subheading
(Article 35a(3))deleted
2018/01/23
Committee: EMPL
Amendment 698 #
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 67 (2)) Member States adapting family benefits in accordance with the mechanism set out in Article 67b.
2018/01/23
Committee: EMPL