Activities of Milan CABRNOCH related to 2010/0380(COD)
Plenary speeches (2)
Coordination of social security systems (debate)
Coordination of social security systems (debate)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 PDF (208 KB) DOC (293 KB)
Amendments (17)
Amendment 10 #
Proposal for a regulation
Citation 4
Citation 4
Amendment 11 #
Proposal for a regulation
Recital 5
Recital 5
(5) The diversity and evolution of the conditions under which professional activities are pursued make it necessary to take inAnnex III to Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative procedures for the field of civil aviation1 defines the concept "home base" for aircrew members under Union law. In order to faccount the situation of highly mobile workers. New labour supply structures have become evident amongst others in the air transport sector. Lilitate the application of Title II of the Regulation (EC) No 883/2004 for this group of persons, it is justified to create a special rule by using this notion of "home base" as the criterion for determinking the applicable legislation for aircrew members to. On the Member State where thother hand, the applicable rlegistered office or place of business of the undertaking or employer employing him/her is situated only is effective if there is a sufficiently close connection to the registered office or place of business. For aircrew members it is considered appropriate to refer to ‘home base’ as specification of the notion of ‘registered office lation for aircrew members should remain stable and the "home base" principle should not result in frequent changes of applicable legislation due to the industry’s work place of business’ for the application of Regulation (EC) No 883/200atterns or seasonal demands. _________________ 1 OJ L 373, 31.12.1991, p. 4.
Amendment 13 #
Proposal for a regulation
Recital 6
Recital 6
(6) A new Article 65 (5) ofa should be inserted into Regulation (EC) No 883/2004 should be amendedin order to ensure that a self-employed personsfrontier worker who becomes wholly unemployed receives benefits, in accordance with the legislation of the competent Member State to offer them the best prospects of re-integrating into the labour marketf he/she has completed periods of insurance as a self-employed person or periods of self- employment recognised for the purposes of granting unemployment benefits in the competent Member State and if no unemployment benefits system covering self-employed persons exists in their Member State of residence when return. Such a new provision should be reviewed ing to that Statehe light of the experience after two years of implementation and, if necessary, adjusted.
Amendment 14 #
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EC) No 883/2004
Recital 18 b (new)
Recital 18 b (new)
-1. The following recital is inserted after Recital (18a): "18b. Annex III to Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative procedures for the field of civil aviation1 defines the concept "home base" for aircrew members as the location nominated by the operator to the crew member from where the crew member normally starts and ends a duty period, or a series of duty periods, and where, under normal conditions, the operator is not responsible for the accommodation of the crew member concerned. In order to facilitate the application of Title II for this group of persons, it is justified to use this notion of "home base" as the criterion for determining the applicable legislation for aircrew members. On the other hand, the applicable legislation for aircrew members should remain stable and the "home base" principle should not result in frequent changes of applicable legislation due to the industry's work patterns or seasonal demands. _____________ 1 OJ L 373, 31.12.1991, p. 4."
Amendment 15 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 883/2004
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In Article 9(1), the first sentence paragraph 1 is replaced by the following: "1. The Member States shall notify the European Commission in writing of the declarations made in accordance with Article 1 letter (l), the legislation and schemes referred to in Article 3, the conventions entered into as referred to in Article 8(2) and, the minimum benefits referred to in Article 58, as well as substantive amendments made subsequently." and the lack of an insurance system as referred to in Article 65a(1), as well as substantive amendments made subsequently. Such notifications shall indicate the date [...] from which this Regulation will apply to the schemes specified in the declarations by the Member States."
Amendment 16 #
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
2a. The following paragraph is added to Article 11: "4a. An activity as an aircrew member performing air passenger or freight services shall be deemed as an activity pursued in the Member State where the home base, as defined in Annex III to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation1, is located. _________________________ 1 OJ L 373, 31.12.1991, p. 4."
Amendment 19 #
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 883/2004
Article 36 – paragraph 2 a
Article 36 – paragraph 2 a
2a. The competent institution may not refuse to grant the authorisation provided for in Article 20(1) to an insured person who has sustained an accident at work or has contracted an occupational disease and who is entitled to benefits chargeable to that institution, where the treatment appropriate to his/her condition cannot be given in the Member State in which the person resides within a time limit which is medically justifiable, taking into account his/her current state of health and the probable course of his/her illness."
Amendment 20 #
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EC) No 883/2004
Article 63
Article 63
5a. Article 63 is replaced by the following: "For the purpose of this Chapter, Article 7 shall apply only in the cases provided for by Articles 64, 65 and 65a and within the limits prescribed therein."
Amendment 21 #
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 883/2004
Article 65 – paragraph 5
Article 65 – paragraph 5
Amendment 23 #
Proposal for a regulation
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Regulation (EC) No 883/2004
Article 65 a (new)
Article 65 a (new)
The following Article is inserted after Article 65: "Article 65a Special provisions for wholly unemployed self-employed frontier workers where no unemployment benefits system covering self-employed persons exists in the Member State of residence. 1. By way of derogation from Article 65, a wholly unemployed person who as a frontier worker most recently completed periods of insurance as a self-employed person or periods of self-employment recognised for the purposes of granting unemployment benefits and whose Member State of residence has submitted notification that no possibility exists for any category of self-employed persons to be covered by the unemployment benefits system in that Member State, shall register with and make himself/herself available to the employment services in the Member State in which he/she pursued his/her last activity as a self- employed person and continuously adhere to the conditions laid down under the legislation of the latter Member State when he/she applies for benefits. The wholly unemployed person may, as a supplementary step, make himself/herself available to the employment services of the Member State of residence. 2. Benefits shall be provided to the unemployed person referred to in paragraph 1 by the Member State to whose legislation he/she was last subject in accordance with the legislation that that Member State applies. 3. If the person referred to in paragraph 1 does not wish to become or remain available to the employment services of the Member State of last activity after having been registered there, and wishes to seek work in the Member State of residence, the provisions of Article 64 shall apply mutatis mutandis, except for Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits."
Amendment 25 #
Proposal for a regulation
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Regulation (EC) No 883/2004
Article 87 a (new)
Article 87 a (new)
The following Article is inserted: "Article 87a Transitional provision for application of Regulation (EC) No xx/2012. 1. If, as a result of Regulation (EU) No xx/2012, a person is subject to the legislation of a Member State other than the one determined in accordance with Title II of this Regulation, as applicable before ...*, that legislation shall continue to apply as long as the relevant situation remains unchanged and, in any case, for no longer than 10 years from ...**, unless the person concerned requests that he/she be subject to the legislation applicable under this Regulation as amended by Regulation (EU) No xx/2012. The request shall be submitted within three months after ...*** to the designated institution of the Member State of residence if the person concerned is to be subject to the legislation determined under this Regulation as amended by Regulation (EU) No xxx/2012. If the request is made after the time limit indicated, the change of applicable legislation shall take place on the first day of the following month. 2. No later than the second calendar year after ....*****, the Administrative Commission shall evaluate the implementation of the provisions set up in Article 65a and present a report on their application. On the basis of this report, the European Commission may, as appropriate, submit proposals to amend those provisions. __________________ * OJ insert the date of entry into force of Regulation (EU) No xxx/2012 ** OJ insert the date of entry into force of Regulation (EU) No xxx/2012 *** OJ insert the date of entry into force of Regulation (EU) No xxx/2012 **** OJ insert the date of entry force of Regulation (EU) No xxx/2012 ***** OJ insert the date of entry force of Regulation (EU) No xxx/2012."
Amendment 26 #
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
Regulation (EC) No 987/2009
Article 14 – paragraph 5
Article 14 – paragraph 5
5. For the purposes of the application of Article 13(1) of the basic Regulation, a person who “'normally pursues an activity as an employed person in two or more Member States”' shall refer to a person who simultaneously, or in alternation, for the same undertaking or employer or for various undertakings or employers, exercises one or more separate activities in two or more Member States, with the exception of marginal activities.
Amendment 28 #
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
Regulation (EC) No 987/2009
Article 14 – paragraph 5 a – subparagraph 2
Article 14 – paragraph 5 a – subparagraph 2
Amendment 30 #
Proposal for a regulation
Article 2 – point 3 a (new)
Article 2 – point 3 a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 5 b (new)
Article 14 – paragraph 5 b (new)
(3a) In Article 14, the following paragraph 5b is added: "5b. Marginal activities shall be disregarded for the purpose of determining the applicable legislation under Article 13 of the basic Regulation. Article 16 of the implementing Regulation applies in these cases mutatis mutandis."
Amendment 31 #
Proposal for a regulation
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
Regulation (EC) No 987/2009
Article 55 – paragraph 1
Article 55 – paragraph 1
5a. In Article 55, paragraph 1, the first sentence is replaced by the following: "1. In order to be covered by Article 64 or Article 65a of the basic Regulation, the unemployed person who intends to go to another Member State shall inform the competent institution prior to his/her departure and request a document certifying that he/she retains entitlement to benefits subject to the conditions laid down in Article 64(1)(b) of the basic Regulation."
Amendment 32 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
Regulation (EC) No 987/2009
Article 55 – paragraph 7
Article 55 – paragraph 7
7. Paragraphs 12 to 6 shall apply mutatis mutandis to the persons refsituation coverred to inby Article 65(5)(b) ofa(3) referred to in the basic Regulation, except for paragraph 1 (c) of this Article.
Amendment 33 #
Proposal for a regulation
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Regulation (EC) No 987/2009
Article 56 – paragraph 1
Article 56 – paragraph 1
7. In Article 56, paragraph 1 is replaced by the following: "Where the unemployed person decides, in accordance with Article 65(2) or 65a(1) of the basic Regulation, to make him/herself also available to the employment services in the Member State not providing the benefits by registering there as a person seeking work, he/she shall inform the institution and the employment services of the Member State providing the benefits. At the request of the employment services of the Member State not providing the benefits, the employment services in the Member State providing the benefits shall send the relevant information concerning the unemployed person’s registration and his/her search for employment."