BETA

30 Amendments of Marita ULVSKOG related to 2016/0397(COD)

Proposal for a regulation
Recital 4

(4) It remains essential that the coordination rules keep pace with the evolving legal and societal context in which they operate by further facilitating the exercise of citizens’ rights while at the same time ensuring legal clarity, a fair and equitable distribution of the financial burden among the institutions of the Member States involved and administrative simplicity and enforceability of the rules. This Regulation is central to the continued functioning of the internal market and the freedom of movement. Concurrently the social security coordination has to be designed to fit all kinds of social security systems in the Member States.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 6

(6) Long-term care benefits have so far not been included explicitly within the material scope of Regulation (EC) No 883/2004 but coordinated as sickness benefits, leading to legal uncertainty both for institutions and persons claiming long-term care benefits. There is a need to develop a stable legal framework appropriate to long-term care benefits within the Regulation to include a clear definition of such benefits.deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 883/2004
Recital 24

5. Recital 24 is replaced by the following: (24) Long-term care benefits for insured persons and members of their families need to be coordinated according to specific rules which, in principle, follow the rules applicable to sickness benefits, 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.deleted

2018/01/23
Committee: EMPL

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. 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.deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EC) No 883/2004
Article 1

9. Article 1 is amended as follows: (a) Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”. (b) “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted. (c) “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. (d) after point (va): ‘ (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;’deleted In Point (c) the term “Title III, In Point (i)(1)(ii) after the term In Point (va)(i) after the term The following point is inserted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba

~~10. In Article 3(1), the following point is inserted after point (b): ‘(ba) long-term care benefits;’~~deleted

2018/01/23
Committee: EMPL

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

Regulation (EC) No 883/2004
Article 11 – paragraph 2

~~(a) In paragraph 2 the term “sickness benefits in cash covering treatment for an unlimited period” is replaced by the term “long-term care benefits in cash”.~~deleted

2018/01/23
Committee: EMPL

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

Regulation (EC) No 883/2004
Article 12

13. Article 12 is replaced by the following: Article 12 Special rules 1. 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. 2. 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 duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self-employed person.. __________________ 46 OJ L 018, 21.01.1997 p. 1.deleted A person who pursues an activity A person who normally pursues an

2018/01/23
Committee: EMPL

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. By way of derogation from 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 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

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 ~~thre~~one 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's entitlement to benefits”; point (c) is replaced by the following:; “(c) entitlement to unemployment benefits shall be maintained until their expiry, provided that the hosting country can provide an adequate level of control of job seekers;”

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a a (new)

Regulation (EC) No 883/2004
Article 64 – paragraph 2

(aa) Paragraph 2 is deleted.

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 p~~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”~~ is deleted.

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 one of the major language spoken in the Union.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 24

Regulation (EC) 883/2004
Article 75 a – paragraph 1

1. The competent authorities shall in accordance with their national law and/or practice, ensure that their relevant institutions are ~~aware~~informed of and apply all provisions, legislative or otherwise, including the decisions of the Administrative Commission, in the areas covered by and within the terms of this Regulation and the implementing Regulation.

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 1

– the issuance, the for~~mat and the contents~~gery-proof electronic format and the contents, with mandatory information, of a portable document certifying the social security legislation which applies to the holder and a single European social security number,

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 – title

~~Delegating the power to update~~Update of the Annexes

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 – paragraph 1

The ~~European Commission is empowered to adopt delegated acts in accordance with Article 88a to periodically amend the A~~annexes tof this Regulation ~~and the implementing Regulation following a request from the Administrative Commission~~shall be revised periodically.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 a

~~[...]~~deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 a – title

~~Exercise of the delegation~~deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 a – paragraph 1

~~1. The power to adopt~~ delegated ~~acts is conferred on the Commission subject to the conditions laid down in this Article~~

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

2. The delegation of power referred to in Article 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].deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 a – Paragraph 3

3. The delegation of the power referred to in Article 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 forcedeleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 a – paragraph 4

~~4. Before adopting a~~ delegated ~~act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016~~

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 a – paragraph 5

~~5. As soon as it adopts a~~ delegated ~~act, the European Commission shall notify it to the European Parliament and to the Council simultaneously.~~

2018/01/23
Committee: EMPL

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 Article 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiring of that period, the European Parliament and the Council have both informed the European Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

2018/01/23
Committee: EMPL

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

Proposal for a regulation
Article 2 – paragraph 1 – point 15

Regulation (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

Proposal for a regulation
Article 2 – paragraph 1 – point 16

Regulation (EC) No 987/2009
Article 28 – paragraph 1

~~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

Proposal for a regulation
Article 2 – paragraph 1 – point 18

Regulation (EC) No 883/2004
Article 32 – paragraph 4

~~18. In Article 32, the following paragraph 4 is added after paragraph 3: ‘4. This Article applies mutatis mutandis to long-term care benefits. ’~~deleted

2018/01/23
Committee: EMPL