[ParlTrack]

Proposal for a regulation – amending act
Article 1 – point -1 a (new)

Regulation (EC) No 883/2004
Recital 8 a (new)

-1a) The following recital shall be inserted after Recital 8: "(8a) The family members of former frontier workers should benefit from the possibility to continue medical treatment in the former country of employment of the insured person after his or her retirement.".

2008/04/15
Committee: EMPL

Emine BOZKURT

Proposal for a regulation – amending act
Article 1 – point 1 a (new)

Regulation (EC) No 883/2004
Article 18 – paragraph 2

1a) Article 18(2) shall be replaced by the following: "2. The members of the family of a frontier worker shall be entitled to benefits in kind during their stay in the competent Member State. However, for as long as Annex III is in force, when the competent Member State is listed in Annex III […], the members of the family of a frontier worker who reside in the same Member State as the frontier worker shall be entitled to benefits in kind in the competent Member State only under the conditions laid down in Article 19(1).".

2008/04/15
Committee: EMPL

Emine BOZKURT

Proposal for a regulation – amending act
Article 1 – point 1 b (new)

Regulation (EC) No 883/2004
Article 28 – paragraph 1

1b) Article 28(1) shall be replaced by the following: "1. A frontier worker who has retired because of old age or invalidity is entitled in case of sickness 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 which began in that Member State. The term 'continuation of treatment' means the continued investigation, diagnosis and treatment of an illness for its entire duration. The first subparagraph shall apply mutatis mutandis to the members of the family of the retired frontier worker.".

2008/04/15
Committee: EMPL

Emine BOZKURT

Proposal for a regulation – amending act
Article 1 – point 4 e (new)

Regulation (EC) No 883/2004
Article 87 – paragraph 10 a (new)

4e) In Article 87, the following paragraph shall be inserted: "10a. Annex III shall be repealed 5 years after the date of application of this Regulation."

2008/04/15
Committee: EMPL

Emine BOZKURT

Proposal for a regulation – amending act
Annex – point -1 a (new)

Regulation (EC) No 883/2004
Annex I – Part I

-1a) Annex I, Part I shall be amended as follows: (a) After the entry under the heading “A. BELGIUM” the following entry shall be inserted: “Aa. BULGARIA Maintenance payments made by the state under Article 92 of the Family Code”; (b) After the entry "C. GERMANY” the following entries shall be inserted: “Ca. ESTONIA Maintenance allowances under the Maintenance Allowance Act of 21 February 2007 Cb. SPAIN Advances of maintenance payments under the Royal Decree 1618/2007 of 7 December 2007”; (c) After the entry under the heading “D. FRANCE” the following entries shall be inserted: "Da. LITHUANIA Payments from the Children's Maintenance Fund under the Law on Children's Maintenance Fund Db. LUXEMBOURG Advances and recovery of maintenance payments within the meaning of the Act of 26 July 1980”; (d) After the entry under the heading “I. AUSTRIA” the following entry shall be inserted: “Ia. POLAND Benefits from Alimony Fund under the Act of Assistance to the Persons Entitled to Alimony”; (e) After the entry under the heading “F. PORTUGAL” the following entries shall be inserted: “Fa. SLOVENIA Maintenance replacement in accordance with the Act of Public Guarantee and Maintenance Fund of the Republic of Slovenia of 25 July 2006 Fb. SLOVAKIA Substitute alimony benefit (substitute maintenance payment) pursuant to the Act No 452/2004 Coll. on substitute alimony benefit as amended by later regulations”. Or. en (Wording of amendment similar to amendment 20 of PR 702068, PE400.316)

2008/04/15
Committee: EMPL

Emine BOZKURT

Proposal for a regulation – amending act
Annex – Point 1

Regulation (EC) No 883/2004
Annex I – Part II

1~~. In Annex I, section II, after the text u~~) Annex I, Part II shall be amended as follows: (a) After the entry under the heading “A. BELGIUM” the following entries shall be inserted: “Aa. BULGARIA Maternity lump sum allowance (Law on Family Allowances for Children) Ab. CZECH REPUBLIC Childbirth allowance Ac. ESTONIA Childbirth allowance Adoption allowance”; (b) The heading "B. SPAIN" shall be amended as follows: "B. SPAIN Single payment birth and adoption grants"; (c) Under the heading “C. FRANCE” the following phrase ~~is added~~shall be added after the text: “, except when they are paid to a person who remains subject to French legislation pursuant to Article 12 or Article 16”. (d) After the entry under the heading “C. FRANCE” the following entries shall be inserted: “Ca. LATVIA Childbirth grant Adoption allowance Cb. LITHUANIA Child lump sum grant”; (e) After the entry under the heading “D. LUXEMBOURG” the following entries shall be inserted: “Da. HUNGARY Maternity grant Db. POLAND Single payment birth grant (Act on Family Benefits) Dc. ROMANIA Childbirth allowance Layettes for new born children Dd. SLOVENIA Childbirth grant De. SLOVAKIA Childbirth allowance Supplement to childbirth allowance”; Or. en (Wording of amendment similar to amendment 21 of PR 702068, PE400.316)

2008/04/15
Committee: EMPL

Emine BOZKURT

Proposal for a regulation – amending act
Annex – point 1 a (new)

Regulation (EC) No 883/2004
Annex II

~~(Wording of amendment similar to amendment 22 of PR 702068, PE400.316)~~1a) Annex II shall be replaced by the following: “ANNEX II PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY General comments It is to be noted that the provisions of bilateral conventions which do not fall within the scope of this Regulation and which remain in force between Member States are not listed in this Annex. This includes obligations between Member States arising from conventions providing, for example, for provisions regarding aggregation of insurance periods fulfilled in a third country. (Article 8(1)) Provisions of social security conventions remaining applicable 1. BELGIUM-GERMANY Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of that date, as in the Complementary Protocol of 10 November 1960 (reckoning of insurance periods completed in some border regions before, during and after the Second World War). 2. BELGIUM-LUXEMBOURG Convention of 24 March 1994 on social security for frontier workers (relating to the complementary flat rate reimbursement). 3. BULGARIA-GERMANY Article 28(1)(b) of the Convention on Social Security of 17 December 1997 (maintenance of conventions concluded between Bulgaria and the former German Democratic Republic for persons who already received a pension before 1996). 4. BULGARIA-AUSTRIA Article 38(3) of the Convention on Social Security of 14 April 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 5. BULGARIA-SLOVENIA Article 32(2) of the Convention on Social Security of 18 December 1957 (reckoning of periods of insurance completed until 31 December 1957). 6. CZECH REPUBLIC-GERMANY Article 39(1)(b) and (c) of the Agreement on Social Security of 27 July 2001 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting states for persons who already received a pension for these periods on 1 September 2002 from the other contracting state, while residing in its territory). 7. CZECH REPUBLIC-CYPRUS Article 32(4) of the Convention on Social Security of 19 January 1999 (determining competence for the calculation of periods of employment completed under the relevant Convention of 1976); the application of this provision remains restricted to the persons covered by it. 8. CZECH REPUBLIC-LUXEMBOURG Article 52(8) of the Convention of 17 November 2000 (reckoning of pension insurance periods for political refugees). 9. CZECH REPUBLIC-AUSTRIA Article 32(3) of the Convention on Social Security of 20 July 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 10. CZECH REPUBLIC-SLOVAKIA Articles 12, 20 and 33 of the Convention on Social Security of 29 October 1992 (Article 12 determines competence for a grant of survivor's benefits; Article 20 determines competence for calculation of insurance periods completed until the day of dissolution of the Czech and Slovak Federal Republic; Article 33 determines competence for payment of pensions awarded before to the day of the dissolution of the Czech and Slovak Federal Republic). 11. DENMARK-FINLAND Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary. 12. DENMARK-SWEDEN Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary. 13. GERMANY-SPAIN Article 45(2) of the Convention on Social Security of 4 December 1973 (representation by diplomatic and consular authorities). 14. GERMANY-FRANCE (a) Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in Supplementary Agreement No 2 of 18 June 1955 (reckoning of periods of insurance completed between 1 July 1940 and 30 June 1950); (b) Title I of the said Supplementary Agreement No 2 (reckoning of periods of insurance completed before 8 May 1945); (c) points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date (administrative arrangements); (d) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar). 15. GERMANY-LUXEMBOURG Articles 4, 5, 6 and 7 of the Convention of 11 July 1959 (reckoning of insurance periods completed between September 1940 and June 1946). 16. GERMANY-HUNGARY Article 40(1)(b) of the Convention on Social Security of 2 May 1998 (maintenance of the convention concluded between the former German Democratic Republic and Hungary for persons who already received a pension before 1996). 17. GERMANY-NETHERLANDS Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945). 18. GERMANY-AUSTRIA (a) Article 1(5) and Article 8 of the Convention on Unemployment Insurance of 19 July 1978 and Article 10 of the Final Protocol to this Convention (granting of unemployment allowances to frontier workers by the previous State of employment) shall continue to apply to persons who have exercised an activity as a frontier worker on or before 1 January 2005 and become unemployed before 1 January 2011. (b) Article 14(2)(g), (h), (i) and (j) of the Convention on Social Security of 4 October 1995 concerning the division of competencies between both countries with regard to past insurance cases and acquired insurance periods (determination of competencies between both countries with regard to former insurance cases and acquired insurance periods); the application of this point remains restricted to the persons covered by that Convention. 19. GERMANY-POLAND (a) Convention of 9 October 1975 on old- age and work injury provisions, under the conditions and the scope defined by Article 27(2) to (4) of the Convention on Social Security of 8 December 1990 (maintenance of legal status, on the basis of the convention of 1975, of the persons who had established their residence in the territory of Germany or Poland before 1 January 1991 and who continue to reside there). (b) Articles 27(5) and 28(2) of the Convention on Social Security of 8 December 1990 (maintenance of entitlement to a pension paid on the basis of the convention of 1957 concluded between the former German Democratic Republic and Poland; reckoning of periods of insurance completed by Polish employees under the convention of 1988 concluded between the former German Democratic Republic and Poland). 20. GERMANY-ROMANIA Article 28(1)(b) of the Convention on Social Security of 8 April 2005 (maintenance of the convention concluded between the former German Democratic Republic and Romania for persons who already received a pension before 1996). 21. GERMANY-SLOVENIA Article 42 of the Convention on Social Security of 24 September 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of this point remains restricted to the persons covered by that Convention. 22. GERMANY-SLOVAKIA Article 29(1), second and third subparagraphs, of the Agreement of 12 September 2002 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting states for persons who already received a pension for these periods on 1 December 2003 from the other contracting state, while residing in its territory). 23. GERMANY-UNITED KINGDOM (a) Article 7(5) and (6) of the Convention on Social Security of 20 April 1960 (legislation applicable to civilians serving in the military forces); (b) Article 5(5) and (6) of the Convention on Unemployment Insurance of 20 April 1960 (legislation applicable to civilians serving in the military forces). 24. IRELAND-UNITED KINGDOM Article 19(2) of the Agreement on Social Security of 14 December 2004 (concerning the transfer and reckoning of certain disability credits). 25. SPAIN-PORTUGAL Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits). This entry will remain valid for two years from the date of application of Regulation (EC) No 883/2004. 26. ITALY-SLOVENIA (a) Agreement on Regulation of Mutual Obligations in Social Insurance with reference to paragraph 7 of Annex XIV to the Peace Treaty (concluded by exchange of notes on 5 February 1959) (reckoning of periods of insurance completed before 18 December 1954); the application of this point remains restricted to the persons covered by that Agreement. (b) Article 45(3) of the Convention on Social Security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste (reckoning of periods of insurance completed before 5 October 1956); the application of this point remains restricted to the persons covered by that Convention. 27. LUXEMBOURG-PORTUGAL Agreement of 10 March 1997 (on the recognition of decisions by institutions in one contracting party concerning the state of invalidity of applicants for pensions from institutions in the other contracting party). 28. LUXEMBOURG-SLOVAKIA Article 50(5) of the Convention on Social Security of 23 May 2002 (reckoning of pension insurance periods for political refugees). 29. HUNGARY-AUSTRIA Article 36(3) of the Convention on social security of 31 March 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 30. HUNGARY-SLOVENIA Article 31 of the Convention on Social Security of 7 October 1957 (reckoning of periods of insurance completed before 29 May 1956); the application of this point remains restricted to the persons covered by that Convention. 31. HUNGARY-SLOVAKIA Article 34(1) of the Convention on social security of 30 January 1959 (Article 34(1) of the Convention provides that the insurance periods awarded before the day of signing the Convention are the insurance periods of the contracting State on which territory the entitled person had a residence); the application of this point remains restricted to the persons covered by that Convention. 32. AUSTRIA-POLAND Article 33(3) of the Convention on Social Security of 7 September 1998 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 33. AUSTRIA-ROMANIA Article 37(3) of the Convention on Social Security of 28 October 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 34. AUSTRIA-SLOVENIA Article 37 of the Convention on Social Security of 10 March 1997 (reckoning of periods of insurance completed before 1 January 1956); the application of this point remains restricted to the persons covered by that Convention. 35. AUSTRIA-SLOVAKIA Article 34(3) of the Convention on Social Security of 21 December 2001 (reckoning of periods of insurance completed before 27 November 1961); the application of this point remains restricted to the persons covered by that Convention. 36. PORTUGAL-UNITED KINGDOM Article 2(1) of the Protocol on medical treatment of 15 November 1978. 37. FINLAND-SWEDEN Article 7 of the Nordic Convention on Social Security of 18 August 2003, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making more expensive return travel to the country of residence necessary.". Or. en

2008/04/15
Committee: EMPL

Emine BOZKURT

Proposal for a regulation – amending act
Annex – point 2 b (new)

Regulation (EC) No 883/2004
Annex X

~~(Wording of amendment similar to amendment 29 of PR 702068, PE400.316)~~2b) Annex X shall be replaced by the following: “ANNEX X SPECIAL NON-CONTRIBUTORY CASH BENEFITS (Article 70(2)(c)) A. BELGIUM (a) Income replacement allowance (Law of 27 February 1987) (b) Guaranteed income for elderly persons (Law of 22 March 2001) B. BULGARIA Social Pension for old age (Article 89 of the Social Security Code) C. CZECH REPUBLIC Social allowance (State Social Support Act No 117/1995 Sb.. D. DENMARK Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995) E. GERMANY Basic subsistence income for the elderly and for persons with reduced earning capacity under Chapter 4 of Book XII of the Social Code Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to these benefits, the eligibility requirements for a temporary supplement following receipt of unemployment benefit (Article 24 (1) of Book II of the Social Code) are fulfilled F. ESTONIA (a) Disabled adult allowance (Social Benefits for Disabled Persons Act of 27 January 1999) (b) State unemployment allowance (Labour Market Services and Support Act of 29 September 2005) G. IRELAND (a) Jobseekers’ allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 2) (b) State pension (non-contributory) (Social Welfare Consolidation Act 2005, Part 3, Chapter 4) (c) Widow's (non-contributory) pension and widower's (non-contributory) pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 6) (d) Disability allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 10) (e) Mobility allowance (Health Act 1970, Section 61) (f) Blind pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 5) H. GREECE Special benefits for the elderly (Law 1296/82) I. SPAIN (a) Minimum income guarantee (Law No 13/82 of 7 April 1982) (b) Cash benefits to assist the elderly and invalids unable to work (Royal Decree No 2620/81 of 24 July 1981) (c) The following pension benefits: (i) Non-contributory invalidity and retirement pensions as provided for in Article 38(1) of the Consolidated Text of the General Law on Social Security, approved by Royal Legislative Decree No 1/1994 of 20 June 1994 and (ii) the benefits which supplement the above pensions, as provided for in the legislations of the Comunidades Autonomas, where such supplements guarantee a minimum subsistence income having regard to the economic and social situation in the Comunidades autonomas concerned (d) Allowances to promote mobility and to compensate for transport costs (Law No 13/1982 of 7 April 1982) J. FRANCE (a) Supplementary allowances of: (i) the Special Invalidity Fund, and (ii) the Old Age Solidarity Fund in respect of acquired rights (Law of 30 June 1956, codified in Book VIII of the Social Security Code) (b) Disabled adults' allowance (Law of 30 June 1975, codified in Book VIII of the Social Security Code) (c) Special allowance (Law of 10 July 1952, codified in Book VIII of the Social Security Code) in respect of acquired rights (d) Old-age solidarity allowance (ordinance of 24 June 2004, codified in Book VIII of the Social Security Code) as of 1 January 2006 K. ITALY (a) Social pensions for persons without means (Law No 153 of 30 April 1969) (b) Pensions and allowances for the civilian disabled or invalids (Laws No 118 of 30 March 1974, No 18 of 11 February 1980 and No 508 of 23 November 1988) (c) Pensions and allowances for the deaf and dumb (Laws No 381 of 26 May 1970 and No 508 of 23 November 1988) (d) Pensions and allowances for the civilian blind (Laws No 382 of 27 May 1970 and No 508 of 23 November 1988) (e) Benefits supplementing the minimum pensions (Laws No 218 of 4 April 1952, No 638 of 11 November 1983 and No 407 of 29 December 1990) (f) Benefits supplementing disability allowances (Law No 222 of 12 June 1984) (g) Social allowance (Law No 335 of 8 August 1995) (h) Social increase (Article 1(1) and (12) of Law No 544 of 29 December 1988 and successive amendments) L. CYPRUS (a) Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as amended) (b) Severe motor disability allowance (Council of Ministers' Decisions Nos 38210 of 16 October 1992, 41370 of 1 August 1994, 46183 of 11 June 1997 and 53675 of 16 May 2001) (c) Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/96), as amended) M. LATVIA (a) State Social Security Benefit (Law on State Social Benefits of 1 January 2003) (b) Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003) N. LITHUANIA (a) Social assistance pension (Law of 2005 on State Social Assistance Benefits, Article 5) (b) Relief compensation (Law of 2005 on State Social Assistance Benefits, Article 15) (c) Transport compensation for the disabled who have mobility problems (Law of 2000 on Transport Compensation, Article 7) O. LUXEMBOURG Income for the seriously disabled (Article 1(2), Law of 12 September 2003), with the exception of persons recognised as being disabled workers and employed on the mainstream labour market or in a sheltered environment P. HUNGARY (a) Invalidity annuity (Decree No 83/1987 (XII 27) of the Council of Ministers on Invalidity Annuity) (b) Non-contributory old age allowance (Act III of 1993 on Social Administration and Social Benefits) (c) Transport allowance (Government Decree No 164/1995 (XII 27) on Transport Allowances for Persons with Severe Physical Handicap) Q. MALTA (a) Supplementary allowance (Section 73 of the Social Security Act (Cap. 318) 1987) (b) Age pension (Social Security Act (Cap. 318) 1987) R. NETHERLANDS (a) Disablement Assistance Act for Handicapped Young Persons, of 24 April 1997 (Wajong) (b) Supplementary Benefits Act of 6 November 1986 (TW) S. AUSTRIA Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance (ASVG), Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce (GSVG) and Federal Act of 11 October 1978 on Social insurance for farmers (BSVG) T. POLAND Social pension (Act of 27 June 2003 on social pensions) U. PORTUGAL (a) Non-contributory State old-age and invalidity pension (Decree-Law No 464/80 of 13 October 1980) (b) Non-contributory widowhood pension (Regulatory Decree No 52/81 of 11 November 1981) (c) Solidarity supplement for the elderly (Decree-Law No 232/2005 of 29 December 2005, amended by Decree Law No 236/2006 of 11 December 2006 W. SLOVENIA (a) State pension (Pension and Disability Insurance Act of 23 December 1999) (b) Income support for pensioners (Pension and Disability Insurance Act of 23 December 1999) (c) Maintenance allowance (Pension and Disability Insurance Act of 23 December 1999) X. SLOVAKIA (a) Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income (b) Social pension which has been awarded before 1 January 2004 Y. FINLAND (a) Housing Allowance for pensioners (Act concerning the Housing Allowance for pensioners, 571/2007) (b) Labour market support (Act on Unemployment Benefits 1290/2002) (c) Special assistance for immigrants (Act on Special Assistance for Immigrants, 1192/2002) Z. SWEDEN (a) Housing supplements for persons receiving a pension (Law 2001: 761) (b) Financial support for the elderly (Law 2001: 853) AA. UNITED KINGDOM (a) State Pension credit (State Pension Credit Act 2002 and State Pension Credit Act (Northern Ireland) 2002) (b) Income-based allowances for jobseekers (Jobseekers Act 1995 and Jobseekers (Northern Ireland) Order 1995) (c) Income Support (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992) (d) Disability Living Allowance mobility component (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992)”. Or. en

2008/04/15
Committee: EMPL

Activities of Emine BOZKURT related to 2006/0008(COD)

Reports (1)

Amendments (8)

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