Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | CABRNOCH Milan (ECR) | ESSAYAH Sari (PPE), CERCAS Alejandro (S&D), OVIIR Siiri (ALDE), LAMBERT Jean (Verts/ALE), ZIMMER Gabriele (GUE/NGL) |
Legal Basis TFEU 048
Activites
- 2012/06/08 Final act published in Official Journal
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2012/05/22
Final act signed
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2012/05/22
End of procedure in Parliament
- #3164
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2012/05/10
Council Meeting
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2012/05/10
Act adopted by Council after Parliament's 1st reading
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2012/04/18
Results of vote in Parliament
- Results of vote in Parliament
- Debate in Parliament
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T7-0121/2012
summary
The European Parliament adopted by 540 votes to 19 with 30 abstentions, a legislative resolution 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. Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise between Parliament and Council. They amend the Commission proposal as follows: Unemployment benefits for self-employed frontier workers: Members inserted a new Article 65a into Regulation (EC) No 883/2004 ensuring that a self-employed frontier worker who becomes wholly unemployed receives benefits if 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 the Member State of residence. That provision should be reviewed in the light of the experience after two years of implementation and, if necessary, it should be amended. Provision of new measures for aircrew members: Annex III to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation defines the concept "home base" for aircrew members under Union law. In order to facilitate 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 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. To recall, Annex III to Council Regulation (EEC) No 3922/91 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. It should be noted that the proposed amendments are presented in line with each of the regulations covered by this proposed amendment to regulations No. (EC) 883/2004 on the coordination of social security systems and (EC) No. 987/2009 laying down detailed rules for implementing Regulation (EC) No 883/2004.
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2012/03/06
Committee report tabled for plenary, 1st reading/single reading
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A7-0043/2012
summary
The Committee on Employment and Social Affairs adopted the report drafted by Milan CABRNOCH (ECR, CZ) 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. The committee recommends that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should amend the Commission proposal as follows: Unemployment benefits for self-employed frontier workers: it is proposed to insert a new Article 65a into Regulation (EC) No 883/2004 in order to ensure that a self-employed frontier worker who becomes wholly unemployed receives benefits, if 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 Member State and if no unemployment benefits system covering self-employed persons exists in the Member State of residence. Such a new provision should be reviewed in the light of the experience after two years of implementation and, if necessary, adjusted. Provision of new measures for aircrew members: Annex III to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation defines the concept "home base" for aircrew members under Union law. In order to facilitate 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 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. To recall, Annex III to Council Regulation (EEC) No 3922/91 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. It should be noted that the proposed amendments are presented in line with each of the regulations covered by this proposed amendment to regulations No. (EC) 883/2004 on the coordination of social security systems and (EC) No. 987/2009 laying down detailed rules for implementing Regulation (EC) No 883/2004.
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A7-0043/2012
summary
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2012/03/01
Vote in committee, 1st reading/single reading
- #3131
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2011/12/01
Council Meeting
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3131
summary
The Council agreed, by qualified majority, on a general approach on amendments to the coordination of social security systems regulations 883/2004 and 987/2009, thus paving the way to seek an agreement at first reading with the European Parliament. The amendments aim at providing a satisfactory solution in the case of wholly unemployed, formerly self-employed, frontier workers who were insured in their country of activity against unemployment and who have returned to their member state of residence, where no insurance against the risk of unemployment exists (new article 65a in regulation 883/2004). Article 65a introduces a derogation whereby the country of last activity would provide unemployment benefits to a wholly unemployed self-employed person who had resided outside the competent member state, if there is no possibility for any category of self-employed persons to be covered by the unemployment benefits system in the country of residence. Adopted amendments also cover the use of the "home base" criterion for determining the legislation applicable to aircrew members (new paragraph in article 14 of regulation 987/2009). The aim of the amendment is to clarify the notion of "registered office or place of business" as "home base" for flying personnel. The home base is the place from which the air crew member habitually carries out his or her work in performance of his or her contract.
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3131
summary
- #3099
- 2011/06/17 Council Meeting
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2011/01/18
Committee referral announced in Parliament, 1st reading/single reading
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2010/12/20
Legislative proposal published
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COM(2010)0794
summary
PURPOSE: to amend 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.PROPOSED ACT: Regulation of the European Parliament and of the Council.BACKGROUND: as of 1 of May 2010, two modernised Regulations (EC) No 883/2004 and (EC) No 987/2009 on the coordination of social security systems are applied in all EU Member States. Member States frequently amend their national social security legislation. As a consequence, the references made to national legislation in EU legislation coordinating social security systems can become outdated which will create legal uncertainty for stakeholders when applying the Regulations.The references in Regulations (EC) No 883/2004 and (EC) No 987/2009 therefore need to be updated to correctly reflect legal changes at national level and changes in social reality correctly. The Regulations can be updated only by means of a Regulation. This proposal seeks to update the abovementioned Regulations.IMPACT ASSESSMENT: the impact assessment states that it is in the interest of the citizens concerned that the Regulations are updated within a reasonable time after changes have been made to national legislation of the Member States. Only Regulations that are up to date with the developments in national legislation and whose provisions are clear and complete can guarantee transparency and certainty for stakeholders and provide full protection for mobile citizens.In terms of workload or costs, it is estimated that the proposed amending Regulation will make no substantive difference to the present situation of social security coordination for institutions and administrations, workers or employers or non-active citizens.LEGAL BASIS: Article 48 of the Treaty on the Functioning of the EU (TFEU). EU action in the form of coordination measures in the field of social security is required by Article 48 of the TFEU and is necessary to guarantee that the right to free movement laid down in the TFEU can be fully exercised.CONTENT: this proposal supplements, clarifies and updates some of the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 to reflect changes in Member States' national social security legislation and changed patterns of mobility affecting the coordination of the social security systems. The changes will facilitate the efficient application of the EU legislation coordinating social security schemes and improve the protection of individuals moving within the EU.Technically, the main amendments concern the following points:Amendments to Regulation (EC) No 883/2004: amendment of Article 13(1): in the current text of Article 13(1), the condition of pursuing a "substantial part" of the activity does not apply to the situation in which a person is working in two or more Member States for various undertakings or employers. This is not in line with the intention when negotiated in Council, especially not for the situation in which the activity pursued in the Member State of residence is relatively small. The purpose of this amendment is to make clear that the condition of pursuing a "substantial part" of the activity also applies to a person who normally pursues an activity for various undertakings or employers in two or more Member States. In the situation where the condition of "substantial part" of the activity has not been fulfilled in the Member State of residence, the applicable legislation is the legislation of the other Member State in which the registered office or place of business of the undertaking(s) or employer(s) is or are located. If it is not possible to appoint one Member State in which registered office or place of business is situated, e.g. when there are two or more employers who are established in two different Member States outside the Member State of residence, the legislation of the Member State of residence will be applicable. The amendment aims at avoiding the manipulation of the applicable legislation, while respecting the principle of simplification and pragmatism;amendment of Article 65 (5): the amendment addresses the situation where a self-employed person has been insured for unemployment in the Member State of last activity and, once unemployed, returns to his/her Member State of residence which does not have any unemployment insurance for self employed. In such a situation, unlike for employed persons, the transfer of the responsibility for the payment of unemployment benefits from the Member State of last activity to the Member State of residence is not possible as the legislation of the latter Member State does not provide for unemployment benefits for self-employed persons. However, in accordance with the purpose of Article 65 as confirmed by specific case-law of the Court of Justice of the EU the persons subject to that Article have a right, once unemployed, to return to their State of residence and seek work there. The reasoning behind this Article is that these persons have the best prospects of reintegrating into the labour market of their Member State of residence, due to their close ties there. To this end, their right to social benefits shall not be restricted, especially where those benefits represent the counterpart of contributions which they have paid; amendment of Article 71 (2): the need to clarify the voting procedure of the Administrative Commission emerged in discussions thereon. The proposed voting procedure reflects the new developments introduced by the Treaty of Lisbon, in particular the new Article 48 TFEU.Amendments to Regulation (EC) No 987/2009:amendment of Article 14(5): the amendment clarifies that marginal and ancillary activities, that are insignificant in terms of time and economic returns, shall not be taken into account for the determination of the applicable legislation on the basis of Title II of Regulation (EC) No 883/2004. The activities as such remain relevant for the application of national social security legislation; if the marginal activity generates social security affiliation, the contributions shall be paid in the competent Member State for the overall income from all activities. The objective of the amendment is twofold: (1) to simplify the existing provision by deleting the distinction between "simultaneous" or "alternating" activities and thus enhancing the legal certainty for persons who pursue an effective and genuine activity in one Member State and in parallel only a marginal activity in another Member State, and (2) to avoid possible misuse of the provisions on applicable legislation of Regulation (EC) No 883/2004;insertion of Paragraph 14(5a): the diversity and evolution of the conditions under which professional activities are pursued make it necessary to take into account the situation of highly mobile workers. New labour supply structures have become evident amongst others in the air transport sector. Linking the applicable legislation for aircrew members to the Member State where the registered 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 or place of business" for the application of Regulation (EC) No 883/2004;amendment of Article 56(2): the text needs to be amended in order to address the situation where the person subject to the new Article 65(5)(b) of Regulation (EC) No 883/2004 registers him/herself, as a supplementary step, also with the employment services in the State of his/her last activity. In such a case, it should be the obligations and job-seeking activities in the State of last activity that have priority as that State provides the benefits to the person. The new wording gives priority to the obligations and job-seeking activities in the State providing the benefits and rules out negative effect of their non-fulfilment in the other Member State.Annexes: lastly, the text includes a number of purely technical amendments to Regulation (EC) No 883/2004. BUDGETARY IMPLICATION: This proposal has no implications for the EU budget.
- DG {'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}, ANDOR László
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COM(2010)0794
summary
Documents
- Legislative proposal published: COM(2010)0794
- Debate in Council: 3099
- Debate in Council: 3131
- Committee report tabled for plenary, 1st reading/single reading: A7-0043/2012
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0121/2012
- : Regulation 2012/465
- : OJ L 149 08.06.2012, p. 0004
Amendments | Dossier |
25 |
2010/0380(COD)
2012/01/18
EMPL
25 amendments...
Amendment 10 #
Proposal for a regulation Citation 4 Amendment 11 #
Proposal for a regulation Recital 5 (5)
Amendment 12 #
Proposal for a regulation Recital 5 (5) The diversity and evolution of the conditions under which professional activities are pursued make it necessary to take into account the situation of highly mobile workers. New labour supply structures have become evident amongst others in the air transport sector.
Amendment 13 #
Proposal for a regulation Recital 6 (6) A new Article 65
Amendment 14 #
Proposal for a regulation Article 1 – point -1 (new) Regulation (EC) No 883/2004 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 Regulation (EC) No 883/2004 Article 9 – paragraph 1 1. In Article 9
Amendment 16 #
Proposal for a regulation Article 1 – point 2 a (new) Regulation (EC) No 883/2004 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 17 #
Proposal for a regulation Article 1 – point 2 a (new) Regulation (EC) No 883/2004 Article 11 – paragraph 4 a (new) Amendment 18 #
Proposal for a regulation Article 1 – point 2 a (new) Regulation (EC) No 883/2004 Article 11 – paragraph 4 a (new) 2a. The following paragraph shall be added to Article 11: "(4a) Aircrew members regularly performing air passenger or freight services in two or more Member States shall be subject to the legislation of the Member State where they have their ‘home base’ as defined in Annex III to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures for the field of civil aviation1. _____________ 1 OJ L 373, 31.12.1991, p. 4."
Amendment 19 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 883/2004 Article 36 – paragraph 2 a 2a. The competent institution may not refuse to grant the authorisation provided for in Article 20(1) to a
Amendment 20 #
Proposal for a regulation Article 1 – point 5 a (new) Regulation (EC) No 883/2004 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 Regulation (EC) No 883/2004 Article 65 – paragraph 5 Amendment 22 #
Proposal for a regulation Article 1 – point 6 Regulation (EC) No 883/2004 Article 65 – paragraph 5 Amendment 23 #
Proposal for a regulation Article 1 – point 6 a (new) Regulation (EC) No 883/2004 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 24 #
Proposal for a regulation Article 1 – point 6 a (new) Regulation (EC) No 883/2004 Article 65 a (new) The following Article is inserted after Article 65: "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) Regulation (EC) No 883/2004 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 Regulation (EC) No 987/2009 Article 14 – paragraph 5 5. For the purposes of the application of Article 13(1) of the basic Regulation, a person who
Amendment 27 #
Proposal for a regulation Article 2 – point 2 Regulation (EC) No 987/2009 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 – which activities shall also be clearly defined with the involvement of social partners.
Amendment 28 #
Proposal for a regulation Article 2 – point 3 Regulation (EC) No 987/2009 Article 14 – paragraph 5 a – subparagraph 2 Amendment 29 #
Proposal for a regulation Article 2 – point 3 Regulation (EC) No 987/2009 Article 14 a – paragraph 5 a – subparagraph 2 Amendment 30 #
Proposal for a regulation Article 2 – point 3 a (new) Regulation (EC) No 987/2009 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) Regulation (EC) No 987/2009 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 Regulation (EC) No 987/2009 Article 55 – paragraph 7 7. Paragraphs
Amendment 33 #
Proposal for a regulation Article 2 – point 6 a (new) Regulation (EC) No 987/2009 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."
Amendment 34 #
Proposal for a regulation Annex – point 2 – point -i (new) (-i) In section 1(f) the following indent is added: "– survivors’ pensions paid under a pension scheme established by the State or by a collective agreement between employers and employees."
source: PE-478.720
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