BETA

25 Amendments of Jeroen LENAERS related to 2016/0397(COD)

Proposal for a regulation
Recital 6 a (new)

(6a) Regulation (EC) No 883/2004 establishes a generally acceptable legal framework. Member States have a moral obligation to seek to reduce, by means of bilateral agreements, any administrative burden experienced by the public. Measures should be taken to set up national institutions responsible for verifying contributions relating to cross- border activities in the relevant Member State, while at the same time ensuring compliance with European legislation. Efforts should also be made to develop an electronic information exchange tool for verification purposes, giving national labour inspectorates rapid access to requisite data. The Regulation should accordingly remain closely in step with the Directive on the posting of workers.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 6 b (new)

(6b) In order to optimise the free movement of persons, it is necessary to take a closer look at the connection between coordination in this area and the coordination of tax systems, taking full account of their individual features and respecting the principle of subsidiarity.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 6 c (new)

(6c) Where, owing to a mismatch between social security systems, a group of persons working in a Member State other than their Member State of residence are, as a result of the provisions of Articles 45 to 48 TFEU, placed at a disadvantage in comparison with those who have not availed themselves of freedom of movement for workers, in so far as they are, for a certain period, given a significantly lower level of protection than national citizens, and where the matter cannot be resolved under the coordination rules, the Member State where those affected reside with their families must, in agreement with the Member States concerned, find a way of remedying these disadvantages.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 9

(9) Following the recommendations in the EU Citizenship Report 201335, there is a need to extend the minimum duration of export of unemployment benefits from three to six months with the possibility of an extension where there is a genuine prospect of employment, in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 10 a (new)

(10a) With regard to unemployment benefit, after five consecutive years of insurance in the Member State concerned, freedom to choose for border workers would facilitate labour market access. Border workers may, after this period, choose to make themselves available to the employment services in the Member State concerned. If use is made of this option, it is essential to enhance administrative cooperation between the authorities responsible for the cross-border workers in question, for the regulatory framework provisions, such as the steps to be completed in the Member State of residence, to be simplified by clarifying the remit of the employment service responsible for further action and for exchanges between the relevant institution of the Member State of last activity and that of the Member State in which the job seeker is resident to be conducted in the language of the former.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 15

(15) With a view to expediting the procedure for the verification and withdrawal of documents (in particular concerning the social security legislation which applies to the holder) in case of fraud and error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. Where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between Member States concerning the determination of the applicable legislation, it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time. In the absence of a response within the specified deadline, the requesting institution shall become competent to determine the legislation applicable.

2018/01/23
Committee: EMPL

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 services 46 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 or actual duration of such work does not exceed 24[XXX] 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. __________________ 46 OJ L 018 , 21.01.1997 p. 1 OJ L 018 , 21.01.1997 p. 1

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 883/2004
Article 12 – paragraph 2

2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated or actual duration of such activity does not exceed 24[XXX] months and that the person is not ~~replacing another posted~~being posted to replace an employed or self-employed person previously posted under the terms of this article.".

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)

2a. Where a person has been posted in accordance with paragraph 1 or has pursued a self-employed activity in another Member State in accordance with paragraph 2 for at least [XXX] months in total, either continuously or with interruptions of not more than three months, no new period under paragraph 1 or paragraph 2 may commence for the same employed or self-employed person and the same Member State until at least three months after the end of the previous period.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EC) No 883/2004
Article 13 – paragraph 4a

4a. “4a. A person who is receiving unemployment benefits in cash from one Member State and who is simultaneously pursuing an activity as an employed or self-employed person in another Member State shall be subject to the legislation of the Member State ~~paying the un~~of employment ~~benefits~~.”.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)

Regulation (EC) No 883/2004
Article 30 – paragraph 2 a (new)

14a. In Article 30, the following paragraph is inserted: “2a. Where, in the cases referred to in Articles 24 and 25, a pensioner is liable under the legislation of the Member State of residence to substantial fiscal charges, these shall not be payable for that part of the charges that is levied to finance the acquisition of sickness, maternity and equivalent paternity benefits if the pensioner is liable to pay premiums or contributions, or is subject to similar deductions, in another Member State for the purpose of obtaining such benefits.” Or. nl (http://eur-lex.europa.eu/legal-content/NL/TXT/PDF/?uri=CELEX:02004R0883- 20140101&from=NL)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 17

Regulation (EC) No 883/2004
Article 35 a – paragraph 2

2. The Administrative Commission, after consulting the social partners, representative associations of beneficiaries and the professional bodies concerned, 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.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 19

Regulation (EC) No 883/2004
Article 61 – paragraph 2

2. Where an unemployed person does 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~~six 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.”.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a

Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c

(a) In paragraph 1(c) the word “three” shall be replaced by “six” and the words “of three months up to a maximum of six months” shall be replaced by the words “of six months up to the end of the period of that person', point (c) is replaced by the following: “(c) Entitlement to benefit shall be retained for a period of six months from the date when the unemployed person ceased to be available to the employment services of the Member State which he/she has left, with the proviso that the total duration for which the benefit is provided must not exceed the total duration of the period of his/her entitlement to benefit under the legislation of the Member States concerned. Subject to certain conditions, the competent service or institution may extend the six- month period until the end of the period for which the person concerned is entitle~~ment~~d to benefits.”;

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b

Regulation (EC) No 883/2004
Article 64 – paragraph 3

(b) In paragraph 3, the word “three” shall be replaced by “six” and the words “a maximum of six months” shall be replaced by the words “the end of the period of entitlement to benefits”.deleted

2018/01/23
Committee: EMPL

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~~, and who has been subject to the legislation of the competent Member State for at least five consecutive years, may opt to 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 if he or she complies with national legislation, including the monitoring requirements of the competent Member State. A person who is wholly unemployed may, in addition, make himself or herself available to the employment services in the Member State of residence.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 22

Regulation (EC) No 883/2004
Article 65 – paragraph 3 a (new)

3a. The authorities of the competent Member State and of the Member State of residence shall give job seekers clarification as to the competence of the public employment service responsible for providing support to them and ensure that exchanges between the competent institution of the Member State of last activity and the job seeker are carried out in the language of the competent institution where the job seeker last worked.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)

Regulation (EC) No 883/2004
Article 67 – paragraph 1 a (new)

22a. In Article 67, the following paragraph is added: “1a. By derogation from the first paragraph, the competent Member State may adjust the amount of a benefit intended to meet family expenses in accordance with the standard of living in the Member State of residence of the family member in a proportionate and non-discriminatory manner.”

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)

Regulation (EC) No 883/2004
Article 68 – paragraph 1 – point a

22a. Paragraph 1(a) is replaced by the following: “(a) in the case of benefits payable by more than one Member State on different bases, the order of priority shall be as follows: firstly, rights obtained on the basis of residence, secondly, rights available on the basis of an activity as an employed or self-employed person, ~~second~~and finally, rights available on the basis of receipt of a pension ~~and finally, rights obtained on the basis of residence;~~ ;” Or. nl (http://eur-lex.europa.eu/legal-content/NL/TXT/PDF/?uri=CELEX:02004R0883- 20140101&from=NL)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)

Regulation (EC) No 883/2004
Article 71 – paragraph 1

23a. In Article 71, paragraph 1 is replaced by the following: “1. The Administrative Commission for the Coordination of Social Security Systems (hereinafter called the Administrative Commission) attached to the ~~Commission of the~~ European Comm~~unities~~ission shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. AOne representative ~~of the~~each from the European Commission ofand the European ~~Communities~~Parliament shall attend the meetings of the Administrative Commission in an advisory capacity. ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:166:0001:0123:nl:PDF)~~Upon request, representatives of the social partners, beneficiaries and the professional bodies concerned may attend,” Or. nl (http://eur-

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 3

– the elements to be verified before the document can be issued, rectified or withdrawn,

2018/01/23
Committee: EMPL

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 by the competent institution of the Member State of employment and where a supporting body of evidence can be provided, if no reply is received from the issuer within the specified deadline.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)

Regulation (EC) No 987/2009
Article 5 – paragraph 4 - subparagraph 1 a (new)

7a. In Article 5(4), the following subparagraph is added: “In accordance with Article 75a of the basic Regulation, the competent authorities which request the conciliation of the Administrative Commission shall comply with its decision and, if necessary, withdraw or declare invalid the documents issued.”

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 12

– the elements to be verified before the document can be issued, rectified or withdrawn,

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 12

Regulation (EC) No 987/2009
Article 20 a – paragraph 1 – indent 4

– the withdrawal of the document when its accuracy and validity is contested by the competent institution of the Member State of employment and where a supporting body of evidence can be provided, if no reply is received from the issuer within the specified deadline.

2018/01/23
Committee: EMPL