[ParlTrack]

Proposal for a regulation
Recital 5

(5) ~~It is necessary to guarantee legal certainty by clarifying that a~~Access to social security benefits for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with 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.33 For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. __________________ 33only to the extent identified by existing case law C-133/13 Dano, C-67/14 Alimanovic and C-299/14 Garcia-Nieto. OJ L 158, 30.4.2004, p. 77.

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

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. __________________ 34 OJ L 018 , 21.01.1997 p. 1.deleted

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

Proposal for a regulation
Recital 8

(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insuredone day of insurance in that Member State.

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

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

Regulation (EC) No 883/2004
Recital 5 – addition

2. In Recital 5, after "the different national legislation for the persons concerned" the following wording is inserted: ‘, subject to the conditions as regards the access to certain social security benefits by economically inactive mobile EU citizens in the host Member State 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.40’ __________________ 40deleted OJ L 158, 30.4.2004, p. 77

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 883/2004
Recital 5 a

(5a) The Court of Justice has held that Member States are entitled to make the access of economically inactive citizens in the host Member State to social security benefits, which do not constitute social assistance within the meaning of Directive 2004/38/EC subject to a legal right of residence within the meaning of that Directive. The verification of the legal right of residence should be carried out in accordance with the requirement of Directive 2004/38/EC. For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. In order to improve legal clarity for citizens and institutions, a codification of this case law is necessary.deleted

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 883/2004
Recital 5 b

(5b) Member States should ensure that economically inactive EU mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. This may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage in the Member State in which they habitually reside.deleted

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 883/2004
Recital 5 c

(5c) Notwithstanding the limitations on the right to equal treatment for economically inactive persons, that arise from the Directive 2004/38/EC or otherwise by virtue of Union law, nothing within this Regulation should restrict the fundamental rights recognised in the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2) and the right to healthcare (Article 35).deleted

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

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 . __________________ 44 OJ L 158, 30.4.2004, p. 77.deleted

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

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 duration of such activity does not exceed 24 months ~~and that the person is not replacing another posted employed or self-employed person.~~.

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

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

Regulation (EC) No 883/2004
Article 61

19. Article 61 is replaced by the following: ‘Article 61 Special rules on aggregation of periods of insurance, employment or self- employment 1. Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least three months of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. 2. 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 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.. ’deleted Except in the cases referred to in Where an unemployed person does

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

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

Regulation (EC) No 883/2004
Article 61– paragraph 1

1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least ~~three months~~one day of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 883/2004
Article 64 a

21. After Article 64, the following Article 64a shall be inserted: ‘Article 64a Special rules for unemployed persons who moved to another Member State without fulfilling the conditions of Article 61(1) and Article 64 In the situations referred to in Article 61(2), the Member State to whose legislation the unemployed person was previously subject shall become competent to provide unemployment benefits. They shall be provided at the expense of the competent institution for the period laid down in Article 64(1)(c), if the unemployed person makes himself/herself available to the employment services in the Member State of most recent insurance and adheres to the conditions laid down under the legislation of that Member State. Article 64 (2) to (4) shall apply mutatis mutandis. ’deleted

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

Proposal for a regulation
Article 2 – paragraph 1 – point 4

Regulation (EC) No 987/2009
Article 1 – point 2 – point e a

(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.

2018/03/02
Committee: PETI

Jarosław WAŁĘSA

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 may submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal of that document~~and where both institutions are not able to find an agreement they shall take use of dialogue and conciliation procedure according to Decision No A1 of 12 June 2009, which shall bye the ~~issuing institution in accordance within the procedure and timeframes set out above.~~obligatory way to solve the difference of competences.

2018/03/02
Committee: PETI

14 Amendments of Jarosław WAŁĘSA related to 2016/0397(COD)

ParlTrack - 2011-2024