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32 Amendments of Robert ROCHEFORT related to 2016/0397(COD)

Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 883/2004
Recital 20
4a. Recital 20 is replaced by the following: “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Recital 24
(24) Long-term care benefits for insured persons and members of their families needshould, in principle, continue to be coordinated according to specific rules which, in principle, follow the rules applicable to sickness benefits,the rules applicable to sickness benefits, taking the specific nature of long-term care benefits into account and 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.
2018/01/23
Committee: EMPL
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
(a) In Point (c) the term “Title III, Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”.deleted
2018/01/23
Committee: EMPL
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
(b) In Point (i)(1)(ii) after the term “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted.deleted
2018/01/23
Committee: EMPL
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
(b) In Point (i)(1)(ii) after the term “, point (ii) is replaced by the following: (ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;
2018/01/23
Committee: EMPL
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point va – point i
(c) In Point (va)(i) after the term “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.
2018/01/23
Committee: EMPL
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Sickness, maternity and equivalent paternity benefits lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)14a. In Title III, the title of Chapter 1 is replaced by the following: “Sickness, long-term care, maternity and equivalent paternity benefits” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 304 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EC) No 883/2004
Article 19
14b. Article 19 is replaced by the following; “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his/her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation. 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. (http://www.at4am.ep.parl.union.eu/at4am/ameditor.html?documentID=20512&locale=en#)benefit.” Or. en
2018/01/23
Committee: EMPL
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
14c. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who has retired because of old-age or invalidity is entitled in the event of sickness or the need for long-term care 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 for sickness or of provision of long-term care which began in that Member State. ‘Continuation of treatment’ in the case of sickness means the continued investigation, diagnosis and treatment of an illness for its entire duration. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)‘Continuation of provision of long-term care’ means the continued granting of long-term care benefits in kind where entitlement to such benefits was established prior to retirement.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 322 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 30
14d. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 330 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a (new)
15a. the following Article is inserted: “Article 33a Long-term care benefits 1. The Administrative Commission shall draw up a detailed list of long-term care benefits which meet the criteria contained in point (vb) of Article 1, specifying which are benefits in kind and which are benefits in cash. 2. By way of derogation from paragraph 1, Member States may coordinate long-term care benefits in accordance with another Chapter in Title III, provided that the outcome of such coordination is at least as favourable to the beneficiaries as it would be if the benefit were coordinated as a long-term care benefit under this Chapter and the benefit and the specific conditions to which the benefit is subject are listed in Annex XII. 3. Article 34 (1) and (3) shall also apply to benefits listed in Annex XII.”
2018/01/23
Committee: EMPL
Amendment 333 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
16. Article 34 is deleted.
2018/01/23
Committee: EMPL
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, provided by the Member State competent for cash benefits under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose 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 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)16b. In Article 34, paragraph 2 is deleted. Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 345 #
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. 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 By way of derogation from 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
Amendment 583 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and, the persons and the employer concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
2018/01/23
Committee: EMPL
Amendment 585 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
2018/01/23
Committee: EMPL
Amendment 604 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Regulation (EC) No 987/2009
Title III – Chapter 1– title
Sickness, long-term care, maternity and equivalent paternity benefits, and long-term care benefits.
2018/01/23
Committee: EMPL
Amendment 606 #
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
Amendment 609 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Regulation (EC) No 987/2009
Article 23
14a. Article 23 is replaced by the following; "Article 23 Regime applicable in the event of the existence of more than one regime in the Member State of residence or stay If the legislation of the Member State of residence or stay comprises more than one scheme of sickness, long-term care, maternity and paternity insurance for more than one category of insured persons, the provisions applicable under Articles 17, 19(1), 20, 22, 24 and 26 of the basic Regulation shall be those of the legislation on the general scheme for employed persons. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 613 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15Regulation (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
Amendment 614 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
15a. In Article 25, paragraph 1is replaced by the following: 1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 617 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
15b. In Article 25, paragraph 3 is replaced by the following: “3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML) or long-term care.” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 624 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
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
Amendment 628 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point c
Regulation (EC) No 987/2009
Article 31 – title
(c) The title is replaced by the following title: ‘Application of Article 35b of the basic Regulation; ’deleted
2018/01/23
Committee: EMPL
Amendment 629 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point d
Regulation (EC) No 987/2009
Article 31 – paragraph 1
(d) In paragraph 1, the term "Article 34" is replaced by "Article 35b";deleted
2018/01/23
Committee: EMPL
Amendment 630 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point e
Regulation (EC) No 987/2009
Article 31 – paragraph 2
(e) In paragraph (2), the term "Article 34(2)" is replaced by "Article 353a (21)".
2018/01/23
Committee: EMPL
Amendment 631 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 633 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Regulation (EC) No 987/2009
Article 32 – paragraph 4
18. In Article 32, the following paragraph 4 is added after paragraph 3: ‘4. mutandis to long-term care benefits. ’deleted This Article applies mutatis
2018/01/23
Committee: EMPL
Amendment 647 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Regulation (EC) No 987/2009
Title VI – Chapter I – title
24. Chapter 1 of Title IV is renamed as follows: ‘CHAPTER I Reimbursement of the cost of benefits in application of Article 35, 35c and Article 41 of the basic Regulation’deleted
2018/01/23
Committee: EMPL
Amendment 691 #
Proposal for a regulation
Annex I – point 7
Regulation (EC) No 883/2004
Annex XII – title
LONG-TERM CARE BENEFITS IN CASH PROVIDED IN DEROGATION FROM ARTICLE 353A(1) OF CHAPTER 1A
2018/01/23
Committee: EMPL
Amendment 692 #
Proposal for a regulation
Annex I – point 7
Regulation (EC) No 883/2004
Annex XII – subheading
(Article 35a(3))deleted
2018/01/23
Committee: EMPL