Progress: Awaiting Parliament's position in 1st reading
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | ||
Former Responsible Committee | EMPL | BISCHOFF Gabriele ( S&D) | |
Former Responsible Committee | EMPL | ||
Committee Opinion | BUDG | ||
Committee Opinion | LIBE | ||
Committee Opinion | FEMM | ||
Committee Opinion | PETI | ||
Former Committee Opinion | BUDG | ||
Former Committee Opinion | BUDG | ||
Former Committee Opinion | LIBE | ||
Former Committee Opinion | LIBE | ||
Former Committee Opinion | FEMM | ||
Former Committee Opinion | FEMM | ||
Former Committee Opinion | PETI | ||
Former Committee Opinion | PETI |
Lead committee dossier:
Legal Basis:
TFEU 048
Legal Basis:
TFEU 048Events
The Committee on Employment and Social Affairs adopted the report by Guillaume BALAS (S&D, FR) 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 report highlighted that there is a need to ensure the portability of social security benefits (e.g. state pensions, health insurance, unemployment benefits and family benefits) and consequently reduce barriers to labour mobility in the Union.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.
Exportability of benefits : Members agreed that an insured person may retain unemployment benefits for six months after leaving a Member State and this Member State would be able to prolong the period until the benefit expires.
Uniform rules for aggregation of periods : insurance periods completed elsewhere should accumulate. Aggregation would kick in after a worker is insured in a new Member State for at least one day .
Cross-border workers : there is a need to ensure greater parity of treatment for frontier and cross-border workers by giving them the choice between receiving unemployment benefits from the Member State of last activity or from their Member State of residence, in order to enhance the probability of their finding employment in the Member State where their chances of doing so are the highest.
The Member State of last employment will be required to pay unemployment benefits if the cross-border worker worked there for at least 12 months . Under the current rules, the Member State of residence is competent, even though cross-border workers pay social security contributions in the country of activity.
It is also important to strengthen cooperation between national competent authorities and to clarify the regulatory framework applicable in order to ensure that the Member State of last activity, the Member States of previous activities and the Member State of residence do not each declare themselves not to be competent to pay benefits, to the detriment of insured persons.
Member States may provide for the introduction of differential supplements to bridge the gap between unemployment benefits paid by the Member State of last activity and the Member State of residence.
Special rules : 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 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 18 months ; the person concerned is subject to the legislation of the Member State where the employer is established for a period of at least three months immediately preceding the start of the work as an employed person; the competent institution of the Member State where the employer is established has been notified about the sending and received at request prior to the commencement of the work for the continued application of its legislation, prior to the performance of the work. No such formal request need to be made where the work concerns a business trip .
Long-term care : the amended report stipulated that 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.
In accordance with the case-law of the Court of Justice of the European Union, long-term care benefits for insured persons and members of their families should, in principle, continue to be coordinated following the rules applicable to sickness benefits. However, those rules should take into account the specific nature of long-term care benefits. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.
Family benefits : Members agreed that family benefits in cash, which are primarily intended to replace income when a person has given up work to raise a child, should be distinguished from other family benefits, so that they count as a personal benefit for the parent concerned in a competent Member State. In cases where family benefits in a place of residence and in a place of insurance overlap, Member States would be able to allow such personal benefits to be kept.
In the case that the entitled person lives in another Member State than his or her children and if this person does not meet his or her maintenance obligations, the competent authorities could - according to the Commission's proposal - no longer provide the benefit directly to the children or the other parent. This situation should be avoided.
Reporters of European media organisations posted to another Member State : reporters of European media organisations posted to another Member State may choose between application of the legislation of the Member State in which they are employed, of the Member State of which they are nationals or of the Member State in which their principal employer is based.
Portable documents : the report also supported the Commission in its intention to standardise the issuance procedures, format and content of portable documents certifying membership of a social security scheme and to specify the situations in which such a document is issued and the procedures for its withdrawal when its accuracy and validity is contested by the institution of the Member State of employment.
PURPOSE: to bring up to date the Union rules on coordination of social security.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLEOF THE EUROPEAN PARLIAMENT: the European Parliament decides, in accordance with the ordinary legislative procedure and on an equal footing with Council.
BACKGROUND: the Commission recalls that the right of EU citizens and their families to move freely and reside in any EU country is one of the four fundamental freedoms enshrined in the EU Treaties.
Free movement of persons would not be possible unless the social security rights of mobile
Europeans and their family members were protected. In all, it is estimated that:
3.7 million of Europeans are economically inactive mobile citizens; nearly 80 000 mobile citizens are entitled to long-term care benefits, totalling EUR 793 million (0.4% of the total EU expenditure on long-term care benefits); some 27 300 persons within the EU export their unemployment benefit to another Member State; there are 91 700 unemployed cross-border workers per year, 53 500 of whom are frontier workers.
This initiative is part of the European Commission's labour mobility package of 2016. Its objective is to continue the process of modernisation of the EU law on social security coordination set out in Regulations (EC) No 883/2004 and No 987/2009 , by further facilitating the exercise of citizens' rights while ensuring legal clarity, a fair and equitable distribution of the financial burden among the Member States and administrative simplicity and enforceability of the rules.
IMPACT ASSESSMENT : the Commission’s preferred options include the following:
to amend the current equal treatment provisions with regard to the access of economically inactive citizens to social benefits; the establishment of a coherent regime for long-term care benefits; new arrangements for the coordination of unemployment benefits in cross-border cases (aggregation of periods of insurance; the export of unemployment benefits; paying unemployment benefits to frontier workers); the coordination of family benefits intended to replace income during child-raising periods.
CONTENT: the proposal focuses on four areas of coordination where improvements are required : (i) economically inactive citizens' access to social benefits, (ii) long-term care benefits, (iii) unemployment benefits and (iv) family benefits. Each Member State is free to determine the features of its own social security system - which benefits are provided, the conditions for eligibility, how these benefits are calculated and what contributions should be paid, and for all social security branches (old age, unemployment and family benefits), provided that such national provisions respect the principles of EU law in particular concerning equal treatment and non-discrimination.
Access to social benefits claimed by economically inactive EU mobile citizens: further to recent case-law of the Court of Justice of the European Union, the proposal specifies that 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.
The proposal clearly distinguishes an economically inactive citizen from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union.
Long-term care benefits: the proposed revision aims to establish a coherent regime for the coordination of long-term care benefits (currently dealt with under the sickness chapter) by introducing a separate Chapter for their coordination in Regulation (EC) No 883/2004, by including a definition and providing for a list of those benefits.
Unemployment benefits: the proposal sets out new arrangements for the coordination of unemployment benefits in cross-border cases. The proposal:
requires a minimum qualifying period of three months insurance in the Member State of most recent activity before a right to aggregate past periods of insurance arises (while requiring the Member State of previous activity to provide benefits when this condition is not fulfilled); extends the minimum period for an export of unemployment benefits from three to six months while providing for the possibility of exporting the benefit for the whole period of entitlement. The aim is 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; makes the Member State of most recent employment responsible for the payment of unemployment benefits when the frontier worker has worked there for at least 12 months and otherwise attributing the responsibility to the Member State of residence.
Child benefits : the proposal aims to change the current coordination provisions so that child-raising allowances are considered individual and personal rights and to permit an optional right for the secondary competent Member State to pay the benefit in full.
Posted workers : the proposal clarifies the rules on applicable legislation and the relationship between the Regulations on coordination and Directive 96/71/EC of the European Parliament and of the Council concerning the posting of workers in the framework of the provision of services. It strengthens the administrative rules on social security coordination in the fields of information exchange and verification of the social security status of such workers in order to prevent potentially unfair practices or abuse.
Technical amendments : the proposed amendments concern: (i) the prioritisation of derived rights to sickness benefits; (ii) the reimbursement of costs for medical examination; (iii) the calculation of the annual average costs in the field of sickness benefits; and (iv) the introduction of measures to facilitate identification of fraud or error in the application of the Regulations, including the introduction of a permissive ground for Member States to periodically exchange personal data.
Furthermore, the procedures for recovery of unduly paid social security benefits have been revised to align them with the equivalent procedures in Directive 2010/24/EU concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Debate in Parliament: Debate in Parliament
- Contribution: COM(2016)0815
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading: A8-0386/2018
- Economic and Social Committee: opinion, report: CES1461/2017
- Debate in Council: 3548
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Debate in Council: 3523
- Contribution: COM(2016)0815
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0460
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0461
- Legislative proposal published: COM(2016)0815
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0460
- Document attached to the procedure: EUR-Lex SWD(2016)0461
- Economic and Social Committee: opinion, report: CES1461/2017
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
- Contribution: COM(2016)0815
Activities
- Guillaume BALAS
Plenary Speeches (4)
- 2016/11/22 Coordination of social security systems (A8-0386/2018 - Guillaume Balas) (vote) FR
- 2016/11/22 Coordination of social security systems (debate) FR
- 2016/11/22 Coordination of social security systems (debate) FR
- 2016/11/22 Coordination of social security systems (A8-0386/2018 - Guillaume Balas) (vote) FR
- Helga STEVENS
Plenary Speeches (2)
- Marianne THYSSEN
Plenary Speeches (2)
- Ole CHRISTENSEN
Plenary Speeches (1)
- David COBURN
Plenary Speeches (1)
- Michael DETJEN
Plenary Speeches (1)
- Marian HARKIN
Plenary Speeches (1)
- Danuta JAZŁOWIECKA
Plenary Speeches (1)
- Rina Ronja KARI
Plenary Speeches (1)
- Kostadinka KUNEVA
Plenary Speeches (1)
- Jean LAMBERT
Plenary Speeches (1)
- Verónica LOPE FONTAGNÉ
Plenary Speeches (1)
- Andrejs MAMIKINS
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Emilian PAVEL
Plenary Speeches (1)
- Sofia RIBEIRO
Plenary Speeches (1)
- Monika SMOLKOVÁ
Plenary Speeches (1)
- Dobromir SOŚNIERZ
Plenary Speeches (1)
- Gabriele ZIMMER
Plenary Speeches (1)
Votes
A8-0386/2018 - Guillaume Balas - Décision d'engager des négociations interinstitionnelles 11/12/2018 12:10:39.000 #
A8-0386/2018 - Guillaume Balas - vote procédural 18/04/2019 12:16:10.000 #
PL | NL | CZ | DK | BG | HU | HR | SK | GB | LV | FI | IE | AT | SI | MT | EE | SE | LU | LT | RO | CY | BE | EL | ES | DE | PT | IT | FR | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
44
|
25
|
15
|
11
|
13
|
13
|
9
|
9
|
50
|
7
|
11
|
6
|
16
|
6
|
6
|
5
|
18
|
6
|
6
|
23
|
1
|
21
|
7
|
45
|
81
|
18
|
41
|
66
|
|
PPE |
167
|
Poland PPEFor (19)Adam SZEJNFELD, Agnieszka KOZŁOWSKA, Andrzej GRZYB, Barbara KUDRYCKA, Bogdan Andrzej ZDROJEWSKI, Bogusław SONIK, Czesław Adam SIEKIERSKI, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jerzy BUZEK, Julia PITERA, Krzysztof HETMAN, Marek PLURA, Michał BONI, Róża THUN UND HOHENSTEIN, Tadeusz ZWIEFKA
|
Netherlands PPEFor (5) |
Czechia PPEFor (6) |
1
|
Bulgaria PPEFor (6) |
Hungary PPEFor (7)Against (1) |
4
|
5
|
2
|
4
|
3
|
3
|
5
|
4
|
3
|
1
|
4
|
3
|
2
|
Romania PPEFor (8)Against (1) |
4
|
Spain PPEFor (14)Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Esteban GONZÁLEZ PONS, Esther HERRANZ GARCÍA, Francisco José MILLÁN MON, Gabriel MATO, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Luis de GRANDES PASCUAL, Pilar AYUSO, Pilar DEL CASTILLO VERA, Rosa ESTARÀS FERRAGUT, Santiago FISAS AYXELÀ, Verónica LOPE FONTAGNÉ
|
Germany PPEFor (24)Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Daniel CASPARY, David MCALLISTER, Dieter-Lebrecht KOCH, Hermann WINKLER, Ingeborg GRÄSSLE, Jens GIESEKE, Joachim ZELLER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Peter LIESE, Rainer WIELAND, Renate SOMMER, Sabine VERHEYEN, Stefan GEHROLD, Sven SCHULZE, Thomas MANN, Werner KUHN
Against (2) |
Portugal PPEFor (1)Against (5)Abstain (1) |
1
|
France PPEAgainst (14) |
||
ECR |
61
|
Poland ECRFor (16) |
2
|
2
|
3
|
1
|
1
|
2
|
16
|
1
|
2
|
2
|
4
|
1
|
Germany ECRFor (6) |
2
|
|||||||||||||
ALDE |
58
|
Netherlands ALDEFor (7) |
4
|
2
|
3
|
2
|
1
|
4
|
1
|
1
|
1
|
2
|
3
|
1
|
1
|
1
|
Belgium ALDEFor (4)Against (2) |
Spain ALDEFor (5)Against (1) |
4
|
1
|
1
|
France ALDEAgainst (6) |
|||||||
NI |
11
|
2
|
3
|
2
|
2
|
2
|
|||||||||||||||||||||||
EFDD |
28
|
1
|
United Kingdom EFDDFor (9) |
1
|
Italy EFDDFor (1)Against (9)Abstain (1) |
France EFDDAgainst (3) |
|||||||||||||||||||||||
ENF |
28
|
2
|
4
|
3
|
1
|
1
|
Italy ENFAgainst (4)Abstain (1) |
||||||||||||||||||||||
GUE/NGL |
38
|
3
|
1
|
1
|
1
|
2
|
1
|
1
|
Greece GUE/NGL |
Germany GUE/NGLAgainst (5) |
3
|
2
|
France GUE/NGLAgainst (5) |
||||||||||||||||
Verts/ALE |
45
|
1
|
1
|
1
|
1
|
4
|
1
|
1
|
2
|
1
|
3
|
1
|
1
|
2
|
Spain Verts/ALEAgainst (5) |
Germany Verts/ALEAgainst (13) |
1
|
France Verts/ALEAgainst (6) |
|||||||||||
S&D |
143
|
Poland S&DAgainst (1) |
3
|
1
|
3
|
3
|
1
|
1
|
2
|
United Kingdom S&DAgainst (18) |
1
|
2
|
Austria S&DAgainst (5) |
1
|
3
|
1
|
5
|
1
|
2
|
Romania S&DAgainst (11) |
4
|
Germany S&DAgainst (23)
Arndt KOHN,
Arne LIETZ,
Babette WINTER,
Birgit SIPPEL,
Dietmar KÖSTER,
Evelyne GEBHARDT,
Iris HOFFMANN,
Ismail ERTUG,
Jens GEIER,
Jo LEINEN,
Joachim SCHUSTER,
Knut FLECKENSTEIN,
Maria NOICHL,
Martina WERNER,
Michael DETJEN,
Norbert NEUSER,
Peter SIMON,
Petra KAMMEREVERT,
Susanne MELIOR,
Sylvia-Yvonne KAUFMANN,
Tiemo WÖLKEN,
Udo BULLMANN,
Ulrike RODUST
|
Portugal S&DAgainst (7) |
Italy S&DAgainst (18)
Caterina CHINNICI,
Cécile Kashetu KYENGE,
Damiano ZOFFOLI,
Daniele VIOTTI,
Elly SCHLEIN,
Enrico GASBARRA,
Flavio ZANONATO,
Isabella DE MONTE,
Luigi MORGANO,
Mercedes BRESSO,
Nicola CAPUTO,
Nicola DANTI,
Paolo DE CASTRO,
Pier Antonio PANZERI,
Renata BRIANO,
Roberto GUALTIERI,
Sergio Gaetano COFFERATI,
Silvia COSTA
|
A8-0386/2018 - Guillaume Balas - vote procédural #
PL | NL | CZ | DK | BG | HU | HR | GB | SK | LV | FI | IE | AT | SI | MT | SE | EE | LU | LT | RO | CY | ?? | BE | EL | ES | DE | PT | IT | FR | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
44
|
25
|
15
|
11
|
13
|
13
|
9
|
49
|
9
|
7
|
11
|
6
|
16
|
6
|
6
|
17
|
5
|
6
|
6
|
23
|
1
|
1
|
21
|
7
|
44
|
81
|
18
|
41
|
67
|
|
PPE |
167
|
Poland PPEFor (19)Adam SZEJNFELD, Agnieszka KOZŁOWSKA, Andrzej GRZYB, Barbara KUDRYCKA, Bogdan Andrzej ZDROJEWSKI, Bogusław SONIK, Czesław Adam SIEKIERSKI, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jerzy BUZEK, Julia PITERA, Krzysztof HETMAN, Marek PLURA, Michał BONI, Róża THUN UND HOHENSTEIN, Tadeusz ZWIEFKA
|
Netherlands PPEFor (5) |
Czechia PPEFor (6) |
1
|
Bulgaria PPEFor (6) |
Hungary PPEFor (7)Against (1) |
4
|
2
|
5
|
4
|
3
|
3
|
5
|
4
|
3
|
4
|
1
|
3
|
2
|
Romania PPEFor (8)Against (1) |
4
|
Spain PPEFor (14)Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Esteban GONZÁLEZ PONS, Esther HERRANZ GARCÍA, Francisco José MILLÁN MON, Gabriel MATO, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Luis de GRANDES PASCUAL, Pilar AYUSO, Pilar DEL CASTILLO VERA, Rosa ESTARÀS FERRAGUT, Santiago FISAS AYXELÀ, Verónica LOPE FONTAGNÉ
|
Germany PPEFor (24)Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Daniel CASPARY, David MCALLISTER, Dieter-Lebrecht KOCH, Hermann WINKLER, Ingeborg GRÄSSLE, Jens GIESEKE, Joachim ZELLER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Peter LIESE, Rainer WIELAND, Renate SOMMER, Sabine VERHEYEN, Stefan GEHROLD, Sven SCHULZE, Thomas MANN, Werner KUHN
Against (2) |
Portugal PPEFor (1)Against (5)Abstain (1) |
1
|
France PPEAgainst (14) |
|||
ECR |
61
|
Poland ECRFor (16) |
2
|
2
|
3
|
1
|
1
|
16
|
2
|
1
|
2
|
2
|
4
|
1
|
Germany ECRFor (6) |
2
|
||||||||||||||
ALDE |
57
|
Netherlands ALDEFor (7) |
4
|
2
|
3
|
2
|
1
|
4
|
1
|
1
|
1
|
3
|
2
|
1
|
1
|
1
|
Belgium ALDEFor (4)Against (2) |
Spain ALDEFor (4)Against (1) |
4
|
1
|
1
|
France ALDEAgainst (6) |
||||||||
NI |
11
|
2
|
3
|
2
|
2
|
2
|
||||||||||||||||||||||||
EFDD |
28
|
1
|
United Kingdom EFDDFor (9) |
1
|
Italy EFDDFor (1)Against (9)Abstain (1) |
France EFDDAgainst (3) |
||||||||||||||||||||||||
ENF |
29
|
2
|
4
|
3
|
1
|
1
|
Italy ENFAgainst (4)Abstain (1) |
|||||||||||||||||||||||
GUE/NGL |
38
|
3
|
1
|
1
|
1
|
2
|
1
|
1
|
Greece GUE/NGL |
Germany GUE/NGLAgainst (5) |
3
|
2
|
France GUE/NGLAgainst (5) |
|||||||||||||||||
Verts/ALE |
43
|
1
|
1
|
1
|
1
|
4
|
1
|
1
|
2
|
2
|
1
|
1
|
1
|
2
|
Spain Verts/ALEAgainst (4) |
Germany Verts/ALEAgainst (13) |
1
|
France Verts/ALEAgainst (6) |
||||||||||||
S&D |
144
|
Poland S&DAgainst (1) |
3
|
1
|
3
|
3
|
1
|
1
|
United Kingdom S&DAgainst (17) |
2
|
1
|
2
|
Austria S&DAgainst (5) |
1
|
3
|
5
|
1
|
1
|
2
|
Romania S&DAgainst (11) |
1
|
4
|
Germany S&DAgainst (23)
Arndt KOHN,
Arne LIETZ,
Babette WINTER,
Birgit SIPPEL,
Dietmar KÖSTER,
Evelyne GEBHARDT,
Iris HOFFMANN,
Ismail ERTUG,
Jens GEIER,
Jo LEINEN,
Joachim SCHUSTER,
Knut FLECKENSTEIN,
Maria NOICHL,
Martina WERNER,
Michael DETJEN,
Norbert NEUSER,
Peter SIMON,
Petra KAMMEREVERT,
Susanne MELIOR,
Sylvia-Yvonne KAUFMANN,
Tiemo WÖLKEN,
Udo BULLMANN,
Ulrike RODUST
|
Portugal S&DAgainst (7) |
Italy S&DAgainst (18)
Caterina CHINNICI,
Cécile Kashetu KYENGE,
Damiano ZOFFOLI,
Daniele VIOTTI,
Elly SCHLEIN,
Enrico GASBARRA,
Flavio ZANONATO,
Isabella DE MONTE,
Luigi MORGANO,
Mercedes BRESSO,
Nicola CAPUTO,
Nicola DANTI,
Paolo DE CASTRO,
Pier Antonio PANZERI,
Renata BRIANO,
Roberto GUALTIERI,
Sergio Gaetano COFFERATI,
Silvia COSTA
|
Amendments | Dossier |
754 |
2016/0397(COD)
2018/01/23
EMPL
639 amendments...
Amendment 100 #
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
Amendment 101 #
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
Amendment 102 #
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), in order to ensure a sufficient link to the Member State of employment the rules on the aggregation of periods for the purpose of
Amendment 103 #
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
Amendment 104 #
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
Amendment 105 #
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
Amendment 106 #
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
Amendment 107 #
Proposal for a regulation Recital 9 Amendment 108 #
Proposal for a regulation Recital 9 (9)
Amendment 109 #
Proposal for a regulation Recital 9 (9) Following the recommendations35 in the EU Citizenship Report 2013, there is a need to extend the minimum duration of export of unemployment benefits from three
Amendment 110 #
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.
Amendment 111 #
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 in order to promote mobility and 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
Amendment 112 #
Proposal for a regulation Recital 9 (9) Following the recommendations in the EU Citizenship Report 201335, there is a need to extend the
Amendment 113 #
Proposal for a regulation Recital 9 a (new) (9a) This extension of the minimum export period for unemployment benefits from three to six months should be accompanied by compulsory monitoring of the applicant for export through the systematic transmission to the competent state of monthly reports on the applicant made by the state of residence, as well as through the increased exchange of information between the States, with a view to ensuring an appropriate level of cross-border checks on jobseekers residing abroad during the period for which benefits are payable.
Amendment 114 #
Proposal for a regulation Recital 10 Amendment 115 #
Proposal for a regulation Recital 10 (10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers can choose where to receive unemployment benefit
Amendment 116 #
Proposal for a regulation Recital 10 (10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by
Amendment 117 #
Proposal for a regulation Recital 10 (10) There is a need to ensure greater parity of treatment for frontier and cross-
Amendment 118 #
Proposal for a regulation Recital 10 (10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers receive the applicable unemployment benefits from the Member State of last activity provided that they have worked in that Member State for at least three months in the past twelve months.
Amendment 119 #
Proposal for a regulation Recital 10 a (new) (10a) The new provisions on unemployment benefit for cross-border workers could in some cases worsen the conditions for their return to the labour market. It is essential, therefore, to enhance administrative cooperation between the competent authorities responsible for supporting cross-border workers and for the regulatory framework to facilitate, for example, the steps to be completed in the Member State of residence, by clarifying the competence of the public employment service responsible for providing support to them, and for exchanges between the competent institution of the Member State of last activity and the job seeker to be conducted in an understandable language. The public employment service of the Member State of last activity must take into account the specific situation of job seekers whose place of residence is not in the Member State of last activity, and therefore establish specific accompanying measures facilitating their return to employment. Cross-border job seekers shall have the possibility to make themselves available to a cross-border employment service, providing that such a service exists in the geographic area corresponding to the area of their job research.
Amendment 120 #
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.
Amendment 121 #
Proposal for a regulation Recital 10 a (new) (10a) Freedom to choose for frontier workers could facilitate labour market access. Border workers may 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.
Amendment 122 #
Proposal for a regulation Recital 10 a (new) (10a) The new unemployment compensation mechanism for frontier workers could lead to changes in their conditions and make it more difficult for them to return to the labour market. To overcome these difficulties, it is necessary for the Member State of residence to put in place accompanying measures for these unemployed persons in order to help them in their dealings with the relevant institution of the competent Member State. It is also essential that the new regulatory framework should clarify the possibilities for those unemployed persons to register with the employment services in their Member State of residence, where they will have the opportunity to look for a job, obtain information and take advantage of all the measures to help them return to work, such as training or retraining.
Amendment 123 #
Proposal for a regulation Recital 10 a (new) (10a) It is also important to strengthen cooperation between the competent authorities and to clarify the regulatory Framework applicable in order to ensure that Member States - of last activity, of previous activity and/or of residence - do not declare themselves not competent to pay benefits, to the detriment of insured persons.
Amendment 124 #
Proposal for a regulation Recital 10 a (new) (10a) While coordination rules cannot prevent that mobile citizens have lower protection than non-mobile citizens, Member States are encouraged to find bilateral solutions according to Article 16.
Amendment 125 #
Proposal for a regulation Recital 10 b (new) (10b) It is necessary to develop cross- border placement services in order to support applicants in their search for new employment that are as close as possible to the realities of border areas.
Amendment 126 #
Proposal for a regulation Recital 11 (11) Family benefits in
Amendment 127 #
Proposal for a regulation Recital 11 (11) Family benefits intended to replace or grant additional income during child- raising periods are designed to meet the individual and personal needs of the parent subject to the legislation of the competent Member State and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses.
Amendment 128 #
Proposal for a regulation Recital 11 a (new) (11a) As regards family benefits for family members living in a Member State other than the competent Member State, their costs and standards of living are likely to differ compared to those of family members residing in the competent Member State. Family benefits are intended to meet family expenses and therefore predominantly serve the purpose of partially meeting the actual costs for living.
Amendment 129 #
Proposal for a regulation Recital 11 a (new) (11a) Significant economic differences still exist between Member States. For members of the family residing in another Member State other than the competent Member State, different standards and costs of living are a necessary consideration for the calculation of family benefits.
Amendment 130 #
Proposal for a regulation Recital 11 a (new) (11a) Family benefits should help cover the actual cost of living. They should be indexed to ensure fairness and justice for European families.
Amendment 131 #
Proposal for a regulation Recital 12 (12) In order to enable a timely update
Amendment 132 #
Proposal for a regulation Recital 12 (12) 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
Amendment 133 #
Proposal for a regulation Recital 12 (12) 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, and to establish a fair and optional adjustment mechanism for the calculation of family benefits in relation to children residing in another Member State other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its
Amendment 134 #
Proposal for a regulation Recital 12 a (new) (12a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, to adopt upgrading and downgrading factors for the adjustment of family benefits for children residing in Member States other than the competent Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 135 #
Proposal for a regulation Recital 13 (13) With a view to supporting Member States in their efforts to combat fraud and error in the application of the coordination rules, it is necessary to
Amendment 136 #
Proposal for a regulation Recital 14 a (new) (14a) These data should be compiled and used only for the stated purposes and should be deleted when the persons in question return to their country of origin.
Amendment 137 #
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. As an incentive for better and faster cooperation between the institutions, documents should be automatically withdrawn where the issuing institution does not reply to the institution requesting withdrawal within 15 days of receipt of the request. 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.
Amendment 138 #
Proposal for a regulation Recital 15 (15) With a view to expediting the procedure for the verification and
Amendment 139 #
Proposal for a regulation Recital 15 (15) With a view to expediting the procedure for the verification, rectification 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
Amendment 140 #
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 case of irrefutable fraud the receiving Member State can refuse these documents. The principle ‘fraus omnia corrumpit’ has an absolute character in Union law.
Amendment 141 #
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. Beyond this date, the institution requesting the withdrawal gains sole competence.
Amendment 142 #
Proposal for a regulation Recital 16 (16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in
Amendment 143 #
Proposal for a regulation Recital 16 (16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single Member State. Moreover, the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin involving membership of at least three months.
Amendment 144 #
Proposal for a regulation Recital 16 (16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single Member State. Moreover, the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin involving membership for at least three months.
Amendment 145 #
Proposal for a regulation Recital 16 (16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are posted
Amendment 146 #
Proposal for a regulation Recital 16 (16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are
Amendment 147 #
Proposal for a regulation Recital 16 (16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the
Amendment 148 #
Proposal for a regulation Recital 16 a (new) (16a) In order to strengthen the link between the substantial activity of the undertaking and the legislation applicable to the person seconded by that undertaking to another Member State on a temporary basis, it is important to stress that the substantial activity must be characterised, inter alia, by a share of more than 25% of the annual turnover in the Member State from which the person is seconded.
Amendment 149 #
Proposal for a regulation Recital 16 b (new) (16b) Form A1 must be issued by the competent authority to the applicant company before the start of the assignment. In order to prevent the posting of a worker from being blocked if the competent authority fails to issue the form on time, it must be able to prove that the application was made by the applicant undertaking before the start of the mission.
Amendment 150 #
Proposal for a regulation Recital 17 Amendment 151 #
Proposal for a regulation Recital 17 (17) I
Amendment 152 #
Proposal for a regulation Recital 19 Amendment 153 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EC) No 883/2004 Recital 2 – second sentence Amendment 154 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EC) No 883/2004 Recital 3 a (new) 1a. After Recital 3, the following is inserted: “(3a) Social security systems should be based on public schemes, ensuring universal and inclusive access for all citizens, migrants and refugees and making it possible to limit factors leading to social and economic exclusion. Such schemes should be underpinned by policies designed to boost employment, improve pay, achieve a better distribution of created wealth and income and enhance revenue through diversified sources of funding, focusing on more effective measures to combat tax evasion and tax fraud.”
Amendment 155 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 b (new) Amendment 156 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 883/2004 Recital 5 – addition Amendment 157 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation 883/2004 Recital 5 – addition Amendment 158 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 883/2004 Recital 5 – addition Amendment 159 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EC) No 883/2004 Recital 5 (2a) Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the Community equality of treatment under the different national legislation for the persons concerned and to support citizens in the exercise of their Treaty rights to free movement, not least by ensuring clarity in terms of the Member State responsible for ensuring their access to, and coverage by, the relevant social security system.
Amendment 160 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 883/2004 Recital 5 – addition Amendment 161 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EC) No 883/2004 Recital 5 (2a) Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the
Amendment 162 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Amendment 163 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5a Amendment 164 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5a Amendment 165 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5a Amendment 166 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5a Amendment 167 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5a (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
Amendment 168 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5b Amendment 169 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5b (5b) Member States
Amendment 170 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5c Amendment 171 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5c Amendment 172 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5c (5c) Not
Amendment 173 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 d (new) (5d) In applying the general principle of equal treatment provided for in this Regulation, the Court of Justice of the European Union held, in its judgments in cases C-140/12 Brey, C-333/13 Dano, C- 67/14 Alimanovic and C-299/14 Garcia- Nieto, that equal treatment may, as regards the access to special non- contributory cash benefits, which also constitute social assistance within the meaning of Directive 2004/38/EC, be subject to the limitations and the conditions set out in Article 24 of that Directive. In order to improve legal clarity for citizens of the Union and Member States’ institutions, that case-law should be codified. Limitations to equal treatment should respect Union law, including the principle of proportionality as interpreted by the Court of Justice.
Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 (5e) The Court of Justice held, in its judgment in case C-308/14, European Commission v. United Kingdom of Great Britain and Northern Ireland, that Member States may, in conformity with Union law, including the principle of proportionality, make the access of persons covered by Article 11(3)(e) of this Regulation to non-contributory social security benefits covered by Article 3 thereof, subject to the condition that those persons have a legal right of residence in accordance with Directive 2004/38/EC. As stated by the Court, the verification of the legal right of residence should be carried out in accordance with the requirements of Directive 2004/38/EC. In order to improve legal clarity for Union citizens and Member States’ institutions, that case-law should be codified.
Amendment 175 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 (new) Regulation (EC) No 883/2004 Recital 5 f (new) (5f) It is necessary to ensure that Union citizens are not treated less favourably than other persons who fall within the scope of this Regulation. The limitations to equal treatment introduced in this Regulation should therefore, without prejudice to rights of equal treatment provided for in other Union law, apply mutatis mutandis to those other persons.
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.
Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 883/2004 Recital 24 Amendment 178 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 883/2004 Recital 24 (24)
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
Amendment 180 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 883/2004 Recital 24 (24)
Amendment 181 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Article 1 – paragraph 1 – point 5 Recital 24 (24) Long-term care benefits for insured persons and members of their families need to be coordinated according to specific rules which
Amendment 182 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 883/2004 Recital 35a (35a) F
Amendment 183 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) 883/2004 Recital 35a (35a) Family benefits in cash which are primarily intended to replace income
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 883/2004 Recital 35a (35a) Family benefits in cash intended to replace income or grant additional during a periods of child-
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 883/2004 Recital 35 b (new) (35b) For the purpose of calculating differential supplements, Member States should take into account benefits of the same kind. Pursuant to established case law of the Court of Justice, benefits are considered as being of the same kind when their purpose and objectives together with the basis on which they are calculated, the conditions for granting them and the persons entitled to such benefits are identical. As the Court of Justice stated in Case C-347/12 Wiering, family benefits are not necessarily of the same kind and an evaluation of the distinguishing factors also applies to these benefits. Accordingly, Member States should distinguish between family benefits in cash which are primarily intended to replace income during the child-raising period and other family benefits intended to meet family expenses irrespective of parents´ income.
Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 883/2004 Recital 35 b (new) (35b) The cost of living of family members especially children residing in a Member State other than the competent Member State varies depending on the Member States concerned. The purpose of family benefits is to partially meet the child´s costs of living. Member States listed in an annex to this Regulation should determine the amount of family benefits due to family members residing in Member States other than the competent Member State.
Amendment 187 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) 883/2004 Recital 35 b(new) (35b) For members of the family residing in another Member State other than the competent Member State, different standards and costs of living are a necessary consideration for the calculation of family benefits. The Commission should, by means of delegated acts, establish an optional adjustment mechanism for the calculation of family benefits in relation to children residing in another Member State other than the competent Member State.
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 883/2004 Recital 35 c (new) (35c) Family benefits in cash which are primarily intended to replace income that could not be earned, whether in part or in full, or income that the person cannot earn due to child-raising, can be distinguished from other family benefits intended to meet family expenses. As family benefits in cash could be considered to be individual rights which are inherent to the claimant, subject to the law of the competent Member State, it should be possible to link the entitlement to such benefits exclusively to the claimant. The Member State in which the family members of the claimant are resident should be able to decide not to apply the priority rules where there are overlapping rights to such benefits under that Member State’s law and the law of the competent Member State. Where a Member State decides not to apply the rules of priority it should do so consistently in respect of all persons entitled to such benefits in analogous situations.
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 (39a) The relevant EU data protection acquis, in particular Regulation (EU) 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Amendment 190 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 46 Amendment 191 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 46 Amendment 192 #
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 to Regulation (EC) No 987/2009 and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in a Member State other than the competent Member State. 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.
Amendment 193 #
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, and establish a fair and optional adjustment mechanism for the calculation of exporting family benefits by Member States for children residing in another Member State other than the competent Member State. 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.
Amendment 194 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 47 (47) This Regulation respects the fundamental rights and observes the principles recognised
Amendment 195 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) 883/2004 Recital 47 (47) This Regulation respects fundamental rights and observes the principles 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), the respect for private and family life (Article 7), the protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the right to property (Article 17), the right to non-discrimination (Article 21), equality between men and women (Article 23), the rights of the child (Article 24), the rights of the elderly (Article 25), integration of persons with disabilities (Article 26), the right to family and professional life (Article 33); the right to social security and social assistance (Article 34), the right to health care (Article 35) and the right to freedom of movement and residence
Amendment 196 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 48 a (new) (48a) The new provisions on unemployment benefit for cross-border workers could in some cases worsen the conditions for their return to the labour market. It is essential, therefore, to enhance administrative cooperation between the competent authorities responsible for supporting cross-border workers and for the regulatory framework to facilitate, for example, the steps to be completed in the Member State of residence, by clarifying the competence of the public employment service responsible for providing support to them, and for exchanges between the competent institution of the Member State of last activity and the job seeker to be conducted in the language of the latter.
Amendment 197 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 48 a (new) (48a) Nothing within this Regulation limits the independent rights and obligations recognised in the European Social Charter, in particular the right to social security (Article 12), the right to social and medical assistance (Article 13), the right of migrant workers and their families to protection and assistance (Article 19), and the right to protection against poverty and social exclusion (Article 30). This Regulation should be implemented in accordance with those rights and obligations.
Amendment 198 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 48 b (new) (48b) Member States may provide for the introduction of differential supplements to bridge the gap between unemployment benefits paid by the Member State of last activity and the Member State of residence.
Amendment 199 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 48 b (new) (48b) Nothing within this Regulation limits the independent rights and obligations recognised in the European Convention on Social and Medical Assistance of the Council of Europe in the Member States concerned.
Amendment 200 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 48 c (new) (48c) It is also important to strengthen cooperation between the competent authorities and to clarify the regulatory framework applicable in order to ensure that Member States – of last activity, of previous activity and/or of residence – do not declare themselves not competent to pay unemployment benefits, to the detriment of insured persons.
Amendment 201 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 883/2004 Recital 48 d (new) (48d) Notwithstanding the limitations on the right to equal treatment for economically inactive persons and persons with the right of freedom of movement for the purposes of seeking employment, 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), the entitlement to social security benefits and social services (Article 34) and the right to healthcare (Article 35).
Amendment 202 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Existing regulation – 883/2004 Recital 48 e (new) (48e) Nothing within this Regulation limits the independent rights and obligations recognised in the European Social Charter, in particular the right to social security (Article 12), the right to social and medical assistance (Article 13), the right of migrant workers and their families to protection and assistance (Article 19), and the right to protection against poverty and social exclusion (Article 30). This Regulation should be implemented in accordance with those rights and obligations.
Amendment 203 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EC) No 883/2004 Article 1 Amendment 204 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point a Regulation (EC) No 883/2004 Article 1 – point c Amendment 205 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point a Regulation (EC) No 883/2004 Article 1 – point c Amendment 206 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point a Regulation (EC) No 883/2004 Article 1 – point c Amendment 207 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point a Regulation (EC) No 883/2004 Article 1 – point c (a)
Amendment 208 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point a (new) Regulation (EC) No 883/2004 Article 1 – point c (aa) Point (c) is replaced by the following: “(c) ‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits, for at least one of the risks covered by the Chapter which has to be applied, taking into account the provisions of this Regulation
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 Amendment 210 #
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)
Amendment 211 #
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
Amendment 212 #
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)
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)
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 Amendment 215 #
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)
Amendment 216 #
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)
Amendment 217 #
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)
Amendment 218 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point c a (new) Regulation (EC) No 883/2004 Article 1 – point va (ca) Point (va) is replaced by the following: (va) “Benefits in kind” means: (i) for the purposes of Title III, Chapter 1
Amendment 219 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d (vb) “long-term care benefit” means a
Amendment 220 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d Regulation (EC) No 883/2004 Article 1 – point vb (vb) “long-term care benefit” means a
Amendment 221 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d Regulation (EC) No 883/2004 Article 1 – point vb (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
Amendment 222 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d Regulation (EC) No 883/2004 Article 1 – point vb (vb)
Amendment 223 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d Regulation (EC) No 883/2004 Article 1 – point v c (new) “(vc) “work-related disability benefit” means any benefit in kind, cash or combination of both that is provided to economically active citizens with a disability with the objective of supporting their access to, inclusion and retention in the labour market.”
Amendment 224 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 a (new) Regulation (EC) No 883/2004 Article 3 – paragraph 1 – point a Amendment 225 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 a (new) Regulation (EC) 883/2004 Article 3 – paragraph 1 – point a Amendment 226 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EC) No 883/2004 Article 3 – paragraph 1 – point ba Amendment 227 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EC) No 883/2004 Article 3 – paragraph 1 – point ba Amendment 228 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EC) 883/2004 Article 3 – paragraph 1 – point ba Amendment 229 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EC) No 883/2004 Article 3 – paragraph 1 – point b (new) (bb) “work-related disability benefits”
Amendment 230 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 1 Amendment 231 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 232 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 233 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) 83/2004 Article 4 – paragraph 2 Amendment 234 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 235 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 236 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 237 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) 883/2004 Article 4 – paragraph 2 Amendment 238 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 239 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 240 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) 883/2004 Article 4 – paragraph 2 Amendment 241 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 a (new) Regulation (EC) 883/2004 Article 4 a (new) 11a. The following article is inserted: “Article 4a Limitations to equality of treatment for persons not having a legal right of residence under Union law 1. By way of derogation from Article 4 of this Regulation, a Member State whose legislation is applicable on the basis of Article 11(3)(e) of this Regulation may, in accordance with Union law, provide for access to [non-contributory social security benefits covered by Article 3] to be subject to the condition of having a legal right of residence in accordance with Directive 2004/38/EC. 2. Member States may apply the limitations referred to in paragraph 1 mutatis mutandis to stateless persons and refugees as well as to the members of their families and to their survivors who do not fulfil the conditions of legal residence or stay in accordance with other relevant Union law.”
Amendment 242 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 883/2004 Article 11 – paragraph 2 Amendment 243 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 883/2004 Article 11 – paragraph 2 (a)
Amendment 244 #
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 paid to the person in need of care”.
Amendment 245 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a (new) Regulation (EC) No 883/2004 Article 11 – paragraph 3 – point c (aa) In paragraph 3, point (c) is replaced by the following: “(c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence or of the State of his or her most recent activity as an employed or self-employed person shall be subject to the legislation of that Member State;”
Amendment 246 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a (new) Regulation (EC) No 883/2004 Article 11 – paragraph 4 (aa) Paragraph 4 is replaced with the following: 4. For the purposes of this Title, an activity as an employed or self-employed person normally pursued on board a vessel at sea flying the flag of a Member State shall be deemed to be an activity pursued in the said Member State. However, a person employed on board a vessel flying the flag of a Member State and remunerated for such activity by an
Amendment 247 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EC) No 883/2004 Article 11 – paragraph 5 5. "5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued
Amendment 248 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EC) No 883/2004 Article 11 – paragraph 5 5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued exclusively in the Member State where the home base, as defined in Annex III, Subpart FTL to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and the Council as amended by Commission Regulation (EU) No 83/2014/EU of 29 January 201445, is located.
Amendment 249 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 Amendment 250 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – title Special
Amendment 251 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – paragraph 1 Amendment 252 #
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 services46
Amendment 253 #
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
Amendment 254 #
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
Amendment 255 #
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
Amendment 256 #
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 services46
Amendment 257 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 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
Amendment 258 #
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
Amendment 259 #
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
Amendment 260 #
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
Amendment 261 #
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
Amendment 262 #
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
Amendment 263 #
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 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
Amendment 264 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 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
Amendment 265 #
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
Amendment 266 #
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
Amendment 267 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 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 services46
Amendment 268 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – paragraph 1 a (new) 1a. For the purposes of applying Article 12(1) of this Regulation, and in order to guarantee to the home Member State that the social security contributions due in respect of the posted worker(s) by the posting undertaking, 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, it is provided that social security contributions shall be paid to the competent public receiving institution at the rate of contributions of the home Member State; it is the responsibility of the host public institution to ensure that it is handed over to the competent home public institution.
Amendment 269 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – paragraph 2 Amendment 270 #
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
Amendment 271 #
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: (a) the anticipated or actual duration of such activity does not exceed
Amendment 272 #
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
Amendment 273 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 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
Amendment 274 #
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
Amendment 275 #
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
Amendment 276 #
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
Amendment 277 #
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
Amendment 278 #
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
Amendment 279 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity as a self-employed 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..
Amendment 280 #
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
Amendment 281 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – paragraph 2 a (new) 2a. For the purpose of paragraphs 1 and 2, in case of replacement of posted workers performing the same or similar task at the same place, the cumulative duration of the posting periods of the workers shall be taken into account.
Amendment 282 #
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.
Amendment 283 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – paragraph 2 a (new) 2a. Where an employed person covered by paragraph 1 does not complete the task or activity foreseen in the contract and is replaced by the same employer by another sent person to complete the work, the person replacing the previously sent person shall continue to be subject to the legislation of the Member State from which he/ she is sent provided that the total duration of work of that person does not exceed 24 months.
Amendment 284 #
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 24 months in total, either continuously or with interruptions of not more than two 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 two months after the end of the previous period.
Amendment 285 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 2a. Member States shall ensure that economically inactive mobile citizens and jobseekers can access comprehensive sickness insurance cover in the host Member State by allowing such citizens to contribute in a proportionate manner to a sickness insurance or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.
Amendment 286 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – paragraph 2 a (new) Amendment 287 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – paragraph 2 a (new) 2a. An economically inactive person, whose sickness coverage is the responsibility of a Member State other than the Member State of residence, shall not be prevented from joining the sickness insurance system of the Member State of residence in order to be covered by that system.
Amendment 288 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 883/2004 Article 12 – paragraph 2 a (new) 2a. Navigation and maritime personnel shall be subject to other articles of this Regulation.
Amendment 289 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation (EC) No 883/2004 Article 13 – paragraph 1 13a. In Article 13, paragraph 1 is replaced by the following: 1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject: (a) to the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State; or (b) if he/she does not pursue a substantial part of his/her activity in the Member State of residence: (i) to the legislation of the Member State in which the registered office
Amendment 290 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation (EC) No 883/2004 Article 13 – paragraph 1 13a. Article 13(1) is amended as follows: 1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject: (a) to the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State
Amendment 291 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 b (new) Regulation (EC) No 883/2004 Article 13 – paragraph 3 Amendment 292 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EC) No 883/2004 Article 13 – paragraph 4 a Amendment 293 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EC) No 883/2004 Article 13 – paragraph 4a Amendment 294 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EC) No 883/2004 Article 13 – paragraph 4a Amendment 295 #
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
Amendment 296 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Article 16 – paragraph 1 Amendment 297 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Article 16 a (new) 14a. The following Article shall be inserted: “Article 16a Prior issuance of document on applicable legislation Prior to a posting, the posting institution shall be required to issue to the host institution a document confirming the social security legislation applicable to the worker, drawn up in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009”. Without prejudice to the rights of the worker concerned, any certificate issued to the receiving institution after the performance of the service in the host Member State shall be null and void so that it may not act retroactively or even regularise the situation of a worker illegally posted by the undertaking to the territory of a Member State other than that in which he or she ordinarily resides.
Amendment 298 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Article 16 a (new) 14a. The following article is inserted: “Article 16a Prior issuance of the document on applicable legislation. The prior issuance by the sending institution to the host institution of a document attesting to the social security legislation applicable to a worker, drafted in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009, before posting to the host country, shall be compulsory. If the sending institution is not in a position to issue this document before the start of the secondment, it must be able to prove that the application for the issue of the document was made before the start of the secondment.”
Amendment 299 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Article 16 a (new) 14a. The following Article shall be inserted: “Article 16a Prior issuance of document on applicable legislation The prior issuance by the sending institution to the host institution of a document attesting to the social security legislation applicable to a worker, drafted in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009, before posting to the host country, shall be compulsory.”
Amendment 300 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Article 16 a (new) (14a) The following Article is inserted: “Article 16a Prior issuance of document on applicable legislation Prior to a posting, the posting institution shall be required to issue to the host institution a document confirming the social security legislation applicable to the worker, drawn up in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009.”
Amendment 301 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Title III – Chapter 1 – title Amendment 302 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Title III – Chapter 1 – title Amendment 303 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 b (new) 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
Amendment 305 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Article 19 14a. 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
Amendment 306 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 c (new) Regulation (EC) No 883/2004 Article 19 14 c. 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 or 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 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.
Amendment 307 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 c (new) Regulation (EC) No 883/2004 Article 19 14 c. 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 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
Amendment 308 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 d (new) Regulation (EC) No 883/2004 Article 20 – title 14d. In Article 20, the title is replaced by the following: “Travel with the purpose of receiving benefits in kind
Amendment 309 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 b (new) Regulation (EC) 883/2004 Article 20 – paragraph 2 14b. In Article 20, paragraph2 is replaced by the following: “2. An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving the treatment or long- term care appropriate to his/her condition shall receive the benefits in kind 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 he/she were insured under the said legislation. The authorisation shall be accorded where the treatment or long-term care in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he/she cannot be given such treatment within a time limit which is medically justifiable, taking into account his/her current state of health and the probable course of his/her illness
Amendment 310 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 e (new) 14e. In Article 20, paragraph 2 is replaced by the following: “2. An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving the treatment or long- term care appropriate to his or her condition shall receive the benefits in kind 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 he or she were insured under the said legislation. The authorisation shall be accorded where the treatment or long-term care in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he or she cannot be given such treatment within a time
Amendment 311 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 g (new) Regulation (EC) No 883/2004 Article 25 14g. Article 25 is replaced by the following: “Article 25 Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State Where the person receiving a pension or pensions under the legislation of one or more Member States resides in a Member State under whose legislation the right to receive benefits in kind is not subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension is received from that Member State, the cost of benefits in kind provided to him/her and to members of his/her family shall be borne by the Institution of one of the Member States competent in respect of his/her pensions determined in accordance with Article 24(2), to the extent that the pensioner and the members of his/her Family would be entitled to
Amendment 312 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 c (new) Regulation (EC) No 883/2004 Article 25 14c. Article 25 is replaced by the following: “Article 25 Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State Where the person receiving a pension or pensions under the legislation of one or more Member States resides in a Member State under whose legislation the right to receive benefits in kind is not subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension is received from that Member State, the cost of benefits in kind provided to him/her and to members of his/her family shall be borne by the institution of one of the Member States competent in respect of his/her pensions determined in accordance with Article 24(2), to the extent that the pensioner and the members of his/her family would be entitled to
Amendment 313 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 i (new) Regulation (EC) No 883/2004 Article 27 – title 14i. In Article 27, the title is replaced by the following: “Stay of the pensioner or the members of his family in a Member State other than the Member State in which they reside – Stay in the competent Member State – Authorisation for appropriate treatment or long-term care outside the Member State of residence
Amendment 314 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 j (new) Regulation (EC) No 883/2004 Article 27 – paragraph 2 14j. In Article 27, paragraph 3 is replaced by the following: “3. Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment or long-term care appropriate to their condition.
Amendment 315 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 d (new) Regulation (EC) 883/2004 Article 27 – paragraph 3 14d. Article 27, paragraph 3 is replaced by the following: “3. Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his/her family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment or long-term care appropriate to their condition.
Amendment 316 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 l (new) Regulation (EC) No 883/2004 Article 28 – paragraph 1 – subparagraph 1 1
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
Amendment 318 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 e (new) Regulation (EC) No 883/2004 Article 28 – paragraph 1 – subparagraph 1 14e. 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 or long-term care which began in that Member State. ‘Continuation of treatment’ means the continued investigation, diagnosis and treatment of an illness for its entire duration
Amendment 319 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Article 28 – paragraph 2 14a. In Article 28, paragraph 2 is replaced by the following: “2. A pensioner who, in the
Amendment 320 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 b (new) Regulation (EC) No 883/2004 Article 28 – paragraph 3 14a. In Article 28, paragraph 3 is replaced by the following: “3. Paragraph 2 shall apply mutatis mutandis to the members of the family of a former frontier worker or his/her survivors if, during the periods referred to in paragraph 2, they were entitled to benefits in kind under Article 18(2), even if the frontier worker died before his/her pension commenced, provided he/she had been pursuing an activity as an employed or self-employed person as a frontier worker for at least two years in the
Amendment 321 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 m (new) Regulation (EC) No 883/2004 Article 30 14m. Article 30 is replaced by the following: “Article 30 Contributions by pensioners
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
Amendment 323 #
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
Amendment 324 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 f (new) Regulation (EC) No 883/2004 Article 30 14f. 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, maternity and equivalent paternity and long-term care benefits, may request
Amendment 325 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Regulation (EC) No 883/2004 Article 30 – paragraph 2 a (new) Amendment 326 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 883/2004 Article 32 – paragraph 3 – point a – point i (i) rights available on the basis of an activity as an employed or self-employed person of the insured person, including rights existing in the application of Article 11(2) or (3)(c);
Amendment 327 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 883/2004 Article 32 – paragraph 3 – point a – point i (i) rights available on the basis of an
Amendment 328 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 a (new) Regulation (EC) No 883/2004 Article 33 a (15a) The following Article is inserted “Article 33a Long-term care benefits The Administrative Commission shall, after consulting the social partners, representative associations of beneficiaries and professional bodies concerned, draw up a detailed list of long- term care benefits which meet the criteria contained in Article 1(vb), specifying which are benefits in kind and which are benefits in cash and if the benefit is provided to the person in need of care or to the person providing such care.”
Amendment 329 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 a (new) Regulation (EC) No 883/2004 Article 33 a (new) 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.”
Amendment 331 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 a (new) Regulation (EC) No 883/2004 Article 33 a (new) 15a. Article 33a is inserted: Article 33a Long-term care benefits “1. The Administrative Commission shall, after consulting the social partners, representative associations of beneficiaries and the professional bodies concerned, 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, and whether the benefit is provided to the person in need of care or to the person providing such care. 2. Where a long-term care benefit falling under this Chapter also has the characteristics of benefits coordinated under another Chapter in Title III, Member States may, by way of derogation from paragraph 1, coordinate such benefits in accordance with the rules laid down in that other Chapter, specifying which Chapter applies, provided that: (a) the outcome of such coordination is at least as favourable to the beneficiaries as it would have been had the benefit been coordinated as a long- term care benefit under this Chapter; and (b) the long-term care benefit is listed in Annex XII.”
Amendment 332 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 883/2004 Article 34 Amendment 333 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 Amendment 334 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 883/2004 Article 34 Amendment 335 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 a (new) Regulation (EC) No 883/2004 Article 34 – paragraph 1 1
Amendment 336 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 a (new) Regulation (EC) No 883/2004 Article 34 – paragraph 1 1
Amendment 337 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 a (new) Regulation (EC) No 883/2004 Article 34 – paragraph 1 1
Amendment 338 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 b (new) Regulation (EC) No 883/2004 Article 34 – paragraph 2 Amendment 339 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 b (new) Regulation (EC) No 883/2004 Article 34 – paragraph 2 Amendment 340 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 b (new) Regulation (EC) No 883/2004 Article 34 – paragraph 2 Amendment 341 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 a (new) Regulation (EC) No 883/2004 Article 34 – paragraph 3 c (new) Amendment 342 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 Regulation (EC) No 883/2004 Chapter 1 a Amendment 343 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 Regulation (EC) No 883/2004 Chapter 1 a Amendment 344 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 Regulation (EC) No 883/2004 Chapter 1 a Amendment 345 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 Regulation (EC) No 883/2004 Chapter 1 a Amendment 346 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 Amendment 347 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 2. The Administrative Commission
Amendment 348 #
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.
Amendment 349 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 2. The Administrative Commission shall, after consulting the social partners and stakeholders concerned, 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.
Amendment 350 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 Regulation (EC) No 883/2004 Article 35 c – paragraph 1 1. Article 35 shall apply mutatis mutandis to long-term care benefits except where the competent Member State does not provide for in-kind long-term care social security benefits.
Amendment 351 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 Amendment 352 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 Amendment 353 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 Amendment 354 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 Amendment 355 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 Amendment 356 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 – paragraph 1 1.
Amendment 357 #
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
Amendment 358 #
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
Amendment 359 #
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
Amendment 360 #
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
Amendment 361 #
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
Amendment 362 #
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
Amendment 363 #
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
Amendment 364 #
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
Amendment 365 #
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), in order to ensure a sufficient link to the member state of employment 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.
Amendment 366 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 – paragraph 2 Amendment 367 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 – paragraph 2 2.
Amendment 368 #
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
Amendment 369 #
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
Amendment 370 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 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
Amendment 371 #
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
Amendment 372 #
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
Amendment 373 #
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-
Amendment 374 #
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
Amendment 375 #
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
Amendment 376 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 a (new) Regulation (EC) No 883/2004 Article 62 – paragraph 1 19a. In Article 62, paragraph 1 is replaced by the following: “1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his
Amendment 377 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 a (new) Regulation (EC) No 883/2004 Article 62 – paragraph 1 19a. In Article 62, paragraph 1 is replaced by the following: “1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account
Amendment 378 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 a (new) Regulation (EC) No 883/2004 Article 62 – paragraph 1 19a. In Article 62, paragraph 1 is replaced by the following: “1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his/her last activity or activities as an employed or self-employed person under the said legislation. ”
Amendment 379 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 Regulation (EC) No 883/2004 Article 64 – paragraph 1 – point c and paragraph 3 Amendment 380 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 Regulation (EC) No 883/2004 Article 64 – paragraph 1 – point c and paragraph 3 Amendment 381 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point -a (new) Regulation (EC) No 883/2004 Article 64 – paragraph 1 (-a) In Article 64, paragraph 1 is replaced by the following: “1. A wholly unemployed person who satisfies the conditions of the legislation of the competent Member State for entitlement to benefits, and who goes to another Member State in order to seek work there, shall retain his or her entitlement to unemployment benefits in cash under the following conditions and within the following limits: (a) before his or her departure, the unemployed person must have been registered as a person seeking work and have remained available to the employment services of the competent Member State for at least four weeks after becoming unemployed. However, the competent services or institutions may authorise his or her departure before such time has expired; (b) the unemployed person must register as a person seeking work with the employment services of the Member State to which he or she has gone, be subject to the control procedure organised there and adhere to the conditions laid down under the legislation of that Member State. This condition shall be considered satisfied for the period before registration if the person concerned registers within seven days of the date on which he or she ceased to be available to the employment
Amendment 382 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point -a (new) Regulation (EC) No 883/2004 Article 64 – paragraph 1 – point b a (new) (-a) The following subparagraph 1(b)a shall be inserted: (ba) mandatory follow-up of the unemployed person must be carried out by the Member State to which he goes through systematic forwarding to the competent State of monthly reports on the applicant.
Amendment 383 #
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
Amendment 384 #
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
Amendment 385 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point a Regulation (EC) No 883/2004 Article 64 – paragraph 1 – point c (a)
Amendment 386 #
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
Amendment 387 #
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
Amendment 388 #
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
Amendment 389 #
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
Amendment 390 #
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.
Amendment 391 #
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;
Amendment 392 #
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.
Amendment 393 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b Regulation (EC) No 883/2004 Article 64 – paragraph 3 Amendment 394 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b Regulation (EC) No 883/2004 Article 64 – paragraph 3 (b)
Amendment 395 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b Regulation (EC) No 883/2004 Article 64 – paragraph 3 (b)
Amendment 396 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b Regulation (EC) No 883/2004 Article 64 – paragraph 3 (b)
Amendment 397 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b Regulation (EC) No 883/2004 Article 64 – paragraph 3 (b)
Amendment 398 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b Regulation (EC) No 883/2004 Article 64 – paragraph 3 (b)
Amendment 399 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b a (new) Regulation (EC) No 883/2004 Article 64 – paragraph 3 a (new) (ba) The following paragraph is inserted: “3a. Entitlement to benefits shall be retained up to the end of the period of entitlement from the date when the unemployed person ceased to be available to the employment services of the Member State which he/she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his/her entitlement to benefits under the legislation of that Member State.”
Amendment 400 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64 a Amendment 401 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64 a Amendment 402 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64 a Amendment 403 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64 a Amendment 404 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64a Amendment 405 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64a Amendment 406 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64 a – paragraph 1 In the situations referred to in Article 61(2), the Member State
Amendment 407 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64 a – paragraph 1 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
Amendment 408 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 Amendment 409 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 Amendment 410 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 Article 65 Unemployed persons who resided in a Member State other than the competent
Amendment 411 #
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
Amendment 412 #
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
Amendment 413 #
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 make himself or herself available to the former employer or to the employment services in the competent Member State, while retaining the option of registering in parallel with the employment services of his State of residence or with a cross-border placement service and benefiting from all accompanying measures and back-to- work assistance on offer. 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.
Amendment 414 #
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 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. He or she shall have the possibility to make himself or herself available to the employment services of the Member State of residence as well.
Amendment 415 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 1 a (new) 1a. The authorities of the competent Member State and of the Member State of residence shall cooperate closely and clarify to job seekers the competence of the public employment service responsible for their follow-up. They shall also ensure that exchanges between the competent institution and the job seeker are carried out in a language understood by the latter, possibly involving EURES advisers in these services.
Amendment 416 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 1 a (new) 1a. After exhaustion of the right to benefits from the competent Member State, an unemployed person as referred to in paragraph 1 shall be entitled to benefits in the country of residence in cases where these rights are more extensive or extend over a longer period than those of the competent Member State, provided that the unemployed person satisfies the conditions laid down by the legislation of the country of residence for entitlement to benefits.
Amendment 417 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 1 a (new) 1a. An unemployed person register as job seeker with the employment services of the Member State of last activity shall benefit from a follow-up in an understandable language, in connection with EURES-t counsellors responsible for all the issues related to cross-border mobility in regions facing an important stream of cross-border workers.
Amendment 418 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 2 Amendment 419 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 2 Amendment 420 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 2 – subparagraph 1 a (new) Conversely, an unemployed person who has completed 12 months of unemployment insurance exclusively under the legislation of the competent Member State shall be entitled to claim unemployment benefits in the Member State of residence after exhaustion of the right to unemployment benefits in the competent Member State in so far as the Member State of residence provides for a broader right to unemployment benefit or a right over a longer period than the competent Member State for unemployment benefit.
Amendment 421 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 2 2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State
Amendment 422 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 2 2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of
Amendment 423 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 3 3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a), thus enabling frontier workers to be exempted from the four weeks of prior registration in the competent State before being able to export their entitlements to their State of residence. 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 424 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 3 3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not
Amendment 425 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 3 3. If a wholly unemployed person referred to in paragraph
Amendment 426 #
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.
Amendment 427 #
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.
Amendment 428 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 4 4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State. He or she shall as well be able to make himself or herself available to a cross-border employment service, providing that such a service exists in the geographic area of his or her job research.
Amendment 429 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 4 4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State or a cross-border placement service.
Amendment 430 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 5 5. Paragraphs
Amendment 431 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 5 a (new) 5a. The benefits provided by the institution of the place of residence under paragraph 5 shall continue to be at its own expense. However, subject to paragraph 7, the competent institution of the Member State to whose legislation he/she was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first three months. The amount of the reimbursement during this period may not be higher than the amount payable, in the case of unemployment, under the legislation of the competent Member State. In the case referred to in paragraph 5(b), the period during which benefits are provided under Article 64 shall be deducted from the period referred to in the second sentence of this paragraph. The arrangements for reimbursement shall be laid down in the Implementing Regulation.
Amendment 432 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 5 b (new) 5b. However, the period of reimbursement referred to in paragraph 6 shall be extended to five months when the person concerned has, during the preceding 24 months, completed periods of employment or self-employment of at least 12 months in the Member State to whose legislation he/she was last subject, where such periods would qualify for the purposes of establishing entitlement to unemployment benefits.
Amendment 433 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 Regulation (EC) No 883/2004 Article 65 – paragraph 5 c (new) 5c. For the purposes of paragraphs 6 and 7, two or more Member States, or their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction.
Amendment 434 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 a (new) Regulation (EC) No 883/2004 Article 65a 22a. Article 65a is deleted.
Amendment 435 #
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 paragraphs are added: “1a. Family benefits paid out by the competent Member State to family members residing in another Member State can be linked to costs-of-living in that other Member State. The Commission shall, on an annual basis, establish a correction coefficient for payments between the Member States.”
Amendment 436 #
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.”
Amendment 437 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 a (new) Regulation (EC) No 883/2004 Article 67 a (new) 22a. The following article is inserted: “Article 67a Indexation of family benefits The competent Member States may index the exportation of family benefits for family member residing in another Member State. "
Amendment 438 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 a (new) Regulation (EC) No 883/2004 Article 67 a (new) Amendment 439 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 a (new) Regulation (EC) No 883/2004 Article 67 a (new) Amendment 440 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 b (new) Regulation (EC) No 883/2004 Article 67 b (new) 22b. The following article is inserted: “Article 67b Delegated acts for the creation of an adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a in order to supplement this Regulation by establishing a consistent and functional adjustment mechanism for exported family benefits and to amending the list of Member States and competent regional authorities set out in Annex XIIIb which apply the adjustment mechanism.”
Amendment 441 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 b (new) Amendment 442 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 c (new) Regulation (EC) No 883/2004 Article 67 c (new) Amendment 443 #
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,
Amendment 444 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 a (new) Regulation (EC) No 883/2004 Article 68 – paragraph 2 a (new) Amendment 445 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 d (new) Regulation (EC) No 883/2004 Article 68 – paragraph 2 a (new) 22d. In Article 68, the following paragraph is inserted: "2a. For the purposes of calculating the differential supplement for family benefits as referred to in paragraph 2, there shall be two categories of benefits of the same kind: (a) family benefits in cash primarily intended to replace part or the whole of income that claimant has not earned or cannot earn due to child-raising; and (b) all other family benefits.”
Amendment 446 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) No 883/2004 Article 68b – paragraph 1 1. Family benefits in cash which are intended to replace income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation
Amendment 447 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) 883/2004 Article 68b – paragraph 1 1. Family benefits in cash which are intended to replace income during periods of child-raising and which are listed in Part
Amendment 448 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) No 883/2004 Article 68b – paragraph 1 1. Family benefits
Amendment 449 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) No 883/2004 Article 68b – paragraph 1 1. Family benefits in cash which are intended to replace or grand additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family
Amendment 450 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) No 883/2004 Article 68b – paragraph 1 1. Family benefits in cash which are intended to replace or grant additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
Amendment 451 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 a (new) Regulation (EC) No 883/2004 Article 70 – paragraph 4 a (new) 23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”
Amendment 452 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 a (new) Regulation (EC) No 883/2004 Chapter 9 a (new) – Article 70 a (new) Amendment 453 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 a (new) Regulation (EC) 883/2004 Article 71 23a. Article 71 is amended as follows: “Article 71 Composition and working methods of the Administrative Commission 1. The Administrative Commission for the Coordination of Social Security Systems (hereinafter called the Administrative Commission) attached to the European Commission shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers.
Amendment 454 #
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: “ The Administrative Commission for the Coordination of Social Security Systems (hereinafter called the Administrative Commission) attached to the European Commission shall be made up of a
Amendment 455 #
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
Amendment 456 #
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
Amendment 457 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 883/2004 Article 75a – paragraph 2 2. In order to ensure the correct determination of the applicable legislation, the competent authorities shall promote the cooperation between
Amendment 458 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 a (new) Regulation (EC) 883/2004 Article 76 – paragraph 6 – subparagraph 1 a (new) Amendment 459 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 – introductory wording 1. The Commission shall
Amendment 460 #
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
Amendment 461 #
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
Amendment 462 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 – the issuance, the electronic format and the contents of a standardised, forgery-proof portable document certifying the social security legislation which applies to the holder and including a European social security number,
Amendment 463 #
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 electronic format and the contents, with mandatory information of a portable document certifying the social security legislation which applies to the holder,
Amendment 464 #
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 format and the
Amendment 465 #
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 format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 466 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 – indent 2 Amendment 467 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 - indent 2 Amendment 468 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 – indent 2 – the determination of situations in which the document shall be issued, rectified or withdrawn,
Amendment 469 #
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,
Amendment 470 #
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, withdrawn or rectified,
Amendment 471 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 – indent 4 Amendment 472 #
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.
Amendment 473 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 – indent 4 – the withdrawal or rectification of the document
Amendment 474 #
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 for justified reasons by the competent institution of the Member State of employment.
Amendment 475 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 – indent 4 a (new) – when the information has not been supplied by the deadline by the issuing institution;
Amendment 476 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 – indent 4 b (new) – when there is manifest evidence of fraud.
Amendment 477 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 883/2004 Article 76 a – paragraph 1 – indent 4 a (new) – in the absence of a response from the issuing institution within the specified deadline.
Amendment 478 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 a (new) Regulation (EC) No 883/2004 Article 79 25a. Article 79 is replaced by the following: Article 79 “Article 79 Funding of activities in the social security field In connection with this Regulation and the Implementing Regulation, the European Commission
Amendment 479 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 a (new) Regulation (EC) No 883/2004 Article 79 Amendment 480 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 a (new) Regulation (EC) No 883/2004 Article 79 25a. Article 79 is replaced by the following: “Article 79 Funding of activities in the social security field In connection with this
Amendment 481 #
Proposal for a regulation Article 1 – paragraph 1 – point 26 Regulation (EC) No 883/2004 Article 87 b – paragraph 4 4. Articles 61, 6
Amendment 482 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article -88 (new) “Article -88 Issuing and withdrawing portable documents certifying the social security legislation applicable The Commission shall, by [...], adopt delegated acts in accordance with Article 88a, supplementing this Regulation by establishing a standard procedure concerning: (a) the determination of situations in which portable documents certifying the social security legislation which applies to the holder , as referred to in the first indent of Article 76a, shall be issued; and (b) the withdrawal of such document when their accuracy or validity is contested by the competent institution of the Member State of employment.”
Amendment 483 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 Amendment 484 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 – introductory part Regulation (EC) No 883/2004 Article 88 Amendment 485 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 – title Amendment 486 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 – paragraph 1 The
Amendment 487 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a Amendment 488 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – title Amendment 489 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – paragraph 1 Amendment 490 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Amendment 491 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – paragraph 2 2. The
Amendment 492 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – paragraph 2 2. The delegation of power referred to in Articles 67b and 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].
Amendment 493 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – paragraph 2 2. The delegation of power referred to in Articles 67b and 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].
Amendment 494 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – Paragraph 3 Amendment 495 #
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 Articles -88 and 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 force.
Amendment 496 #
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 Articles 67b and 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 force
Amendment 497 #
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 Articles 67b and 88 may be revoked at
Amendment 498 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – paragraph 4 Amendment 499 #
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
Amendment 500 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – paragraph 5 Amendment 501 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 a – paragraph 6 Amendment 502 #
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 Articles -88 and 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.
Amendment 503 #
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 Articles 67b and 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.
Amendment 504 #
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 Articles 67b and 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
Amendment 505 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 a (new)Regulation (EC) No 883/2004 Article 88 b (new) 27a. The following article is inserted: “Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission, which shall be a Committee within the meaning of Regulation (EU) No 182/2001. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”
Amendment 506 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 a (new) Regulation (EC) No 883/2004 Article 88 b 27a. The following article is inserted: "Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."
Amendment 507 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 Regulation (EC) No 883/2004 Annexes XII and XIII 29. Annexes XII, XIII, XIIIa and XIIIb are inserted in accordance with the Annex to this Regulation.
Amendment 508 #
Proposal for a regulation Article 2 – paragraph 1 – point -1 (new) Regulation (EC) No 987/2009 Recital 13 -1. Recital 13 is amended as follows: "(13) This Regulation provides for measures and procedures to promote the mobility of employees and unemployed persons. Frontier workers who have become wholly unemployed may make themselves available to the employment services in both their country of residence and the Member State where they were last employed.
Amendment 509 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) Regulation (EC) No 987/2009 Recital 25 a (new) 25a. These data should be compiled and used only for the stated purposes and should be deleted when the persons in question return to their country of origin.
Amendment 510 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 987/2009 Article 1 – paragraph 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 or circumvent the rules governing membership of a Member State social security scheme to the detriment of persons or institutions, contrary to the law of a Member State;”.
Amendment 511 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 987/2009 Article 1 – paragraph 2 – point e a (ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits
Amendment 512 #
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;
Amendment 513 #
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 law of a Member State, the basic Regulation or the implementing Regulation;”.
Amendment 514 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 987/2009 Article 1 – paragraph 2 – point e b (new) (eb) ‘error’ means unintentional wrong conduct or unintentional omission on the part of an institution or of a person falling within the scope of the basic Regulation and the implementing Regulation;
Amendment 515 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Regulation (EC) No 987/2009 Article 2 – paragraph 5 5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to
Amendment 516 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Regulation (EC) No 987/2009 Article 2 – paragraph 5 5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to provide personal data about that person, while fully respecting privacy requirements. The request and any response shall
Amendment 517 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Regulation (EC) No 987/2009 Article 2 – paragraph 5 5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to provide personal data about that person. The request and any response shall concern information which enables the competent Member State to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case. The request for
Amendment 518 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 1 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation
Amendment 519 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 1 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued.
Amendment 520 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 1 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid
Amendment 521 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 1 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. Such documents shall only be valid if all sections indicated as compulsory are filled in. However, such documents shall not be required to be accepted in the case of irrefutable fraud by the institution of the receiving Member State.
Amendment 522 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 1 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued.
Amendment 523 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 1 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were
Amendment 524 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 1 a (new) 1a. Where not all sections of the documents referred to in paragraph 1 that are indicated as compulsory are filled in, the institution of the Member State that receives the document shall, without delay, notify the issuing institution of the defect in the document. The issuing institution shall, as soon possible, rectify the document or confirm that the conditions of issuing the document are not fulfilled. If the missing information is not provided within five working days of notification of the defect, the requesting institution may proceed as if the document had never been issued and, if it does so, shall inform the issuing institution accordingly.
Amendment 525 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 2. Where there is doubt about the validity of a document or the accuracy of the facts on which they are based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal of that document, clearly stating the grounds and presenting all the supporting evidence of doubt.
Amendment 526 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 – point a (a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and
Amendment 527 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5– paragraph 2 – point a (a) When receiving
Amendment 528 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 – point a (a) When receiving such a request, the
Amendment 529 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 – point a (a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within
Amendment 530 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 – point a (a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within
Amendment 531 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 – point a a (new) Amendment 532 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5– paragraph 2 – point b (b) If the issuing institution, having reconsidered the grounds for issuing the document
Amendment 533 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5– paragraph 2 – point b (b) If the issuing institution, having reconsidered the grounds for issuing the document is unable to detect any error it shall forward to the requesting institution all supporting evidence within 25 working days from the receipt of the request. In
Amendment 534 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 – point b (b) If the issuing institution, having reconsidered the grounds for issuing the document is unable to detect any error it shall forward to the requesting institution all supporting evidence within
Amendment 535 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) 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,
Amendment 536 #
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
Amendment 537 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 – point c a (new) (ca) The absence of response by the issuing institution to the requesting institution shall constitute a breach of the principle of sincere cooperation by the issuing Member State.
Amendment 538 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation 987/2009 Article 5 – paragraph 2 – point c a (new) (ca) The absence of response by the issuing institution to the requesting institution shall constitute a breach of the principle of sincere cooperation by the issuing Member State
Amendment 539 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (new) Regulation (EC) No 987/2009 Article 5– paragraph 2 – point c a new (ca) Forwarding the supporting evidence shall not lead to disclosure of company's secrets or violate the protection of personal data.
Amendment 540 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 a (new) 2a. Where the institution of the receiving Member State refuses the validity of the document in the case of irrefutable fraud, it notifies, without delay, the issuing institution. The issuing institution has 25 days to proof the validity of the document or to withdraw the document. During those 25 days the document is considered to be invalid. In case proof of validity is not accepted by the receiving institution, and the issuing institution disagrees, it can bring the matter before the Administrative Commission.
Amendment 541 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 a (new) 2a. Where the document is invalid or withdrawn, the issuing institution shall transfer the contributions already paid to the institution of the Member State whose legislation is applicable.
Amendment 542 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) Regulation (EC) No 987/2009 Article 5 – paragraph 4 7a. In Article 5, paragraph 4 is replaced by the following: “4. Where no agreement is reached
Amendment 543 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) Regulation (EC) No 987/2009 Article 5 – paragraph 4 7a. In Article 5, paragraph 4 is replaced by the following: "4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within
Amendment 544 #
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.”
Amendment 545 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) Regulation (EC) No 987/2009 Article 5 – paragraph 4 a (new) Amendment 546 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 a (new) Regulation (EC) No 987/2009 Article 5 – paragraph 4 a (new) 4a. In Article 5, the following paragraph is added: ‘4a. In the event of intentional fraud as defined in Article 1 of this Regulation, the competent authorities of the State which receives the document may proceed in the same way as if the document had not been issued.’
Amendment 547 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) Regulation (EC) No 987/2009 Article 5 a (new) 7a. The following article is inserted : « Article 5a Fraudulent documents In a situation in which a court of the host Member State or a court of the home Member State finds that documents issued was obtained or invoked fraudulently, that court may disapply that document. In order to find that there has been fraud, justifying disapplication of the document, it is necessary to establish, first, that the conditions laid down in the provisions under which the document was issued are not satisfied in the present case and, second, that the persons concerned intentionally concealed the fact that those conditions are not met.”
Amendment 548 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 Amendment 549 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, a
Amendment 550 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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
Amendment 551 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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
Amendment 552 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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
Amendment 553 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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
Amendment 554 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an
Amendment 555 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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
Amendment 556 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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
Amendment 557 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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
Amendment 558 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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 the 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
Amendment 559 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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 the 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
Amendment 560 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. “1. For the purposes of the application of Article 12(1) of the basic Regulation, 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
Amendment 561 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 1 a (new) 1a. Once a person has been sent in accordance with Article 12(1) of the basic Regulation or pursues an activity as a self-employed person in another Member State in accordance with Article 12(2) of the basic Regulation for a total of 24 months, either continuously or with interruptions of not longer than two months, no new period under Article 12(1) or (2) for the same employed or self- employed person in the same Member State shall start until at least two months have elapsed from the end of the previous period. Undertakings may derogate from the first subparagraph in specific circumstances.”
Amendment 562 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 2 (aa) paragraph 2 is replaced by the following: "2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities. In order to determine whether an undertaking genuinely performs substantial activities, other than purely internal management and/or administrative, activities,
Amendment 563 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 2 (aa) paragraph 2 is replaced by the following: “2. For the purposes of the application of Article 12(1) of the basic Regulation, the
Amendment 564 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 2 (aa) paragraph 2 is replaced by the following: "2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities, other than purely internal management activities, in the territory of the Member State in which it is established, taking account of all criteria characterising the activities carried out by the undertaking in question. The relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out
Amendment 565 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 2 (aa) paragraph 2 is replaced by the following: “2. For the purposes of the application of Article 12(1) of the basic
Amendment 566 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 2 (aa) Paragraph 2 is replaced by the following: ‘2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities, other than purely internal management activities, in the territory of the Member State in which it is established, taking account of all criteria characterising the activities carried out by the undertaking in question
Amendment 567 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 2 (aa) Paragraph 2 is replaced by the following: ‘2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities, other than purely internal management activities, in the territory of the Member State in which it is established, taking account of all criteria characterising the activities carried out by the undertaking in question
Amendment 568 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a a (new) Regulation (EC) No 883/2004 Article 14 – paragraph 2 Amendment 569 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point b Regulation (EC) No 987/2009 Article 14 – paragraph 5a 5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’
Amendment 570 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point b Regulation (EC) No 987/2009 Article 14 – paragraph 5a 5a. For the purpose of the application
Amendment 571 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point b 5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out
Amendment 572 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point b a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 8 – subparagraph 3 (ba) in paragraph 8, the third subparagraph is replaced by the following: “In the framework of an overall assessment, a share of less than 25
Amendment 573 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point b a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 10 Amendment 574 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point b a (new) Regulation (EC) No 987/2009 Article 14 – paragraph 10 Amendment 575 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point c Regulation (EC) No 987/2009 Article 14 – paragraph 12 12. If a person who resides outside the territory of the Union pursues his activities as an employed or self-employed person in two or more Member States and if this person, by virtue of the national legislation of one of those Member States, is subject to the legislation of that State, the provisions of the basic Regulation and the implementing Regulation on the determination of the applicable legislation shall apply mutatis mutandis subject to the
Amendment 576 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) Regulation (EC) No 987/2009 Article 15 – paragraph 1 8a. in Article 15, paragraph 1 is replaced by the following: "1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof, whenever possible in advance. That institution shall
Amendment 577 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) Regulation (EC) No 987/2009 Article 15 – paragraph 1 8a. In Article 15, paragraph 1 is replaced with the following: ‘1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof,
Amendment 578 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) 8a. In Article 15, paragraph 10 is replaced with the following: ‘1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof,
Amendment 579 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) Regulation (EC) No 987/2009 Article 15 – paragraph 3 a (new) Amendment 580 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) Regulation (EC) No 987/2009 Article 15 a (new) 9a. The following article is inserted: “Article 15a Delivery of the attestation 1. In order to guarantee timely delivery of the attestations referred to in Article 19(2), administrative cooperation and mutual assistance referred to in Article 15(1) shall be implemented through the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council*. 2. Member States shall ensure that the attestations referred to in Article 19(2) are issued to the persons concerned and to the employers electronically. _____________ * Regulation (EU) No 1024/2012 of the European Parliament and of the Council1a n administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p.1).”
Amendment 581 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) Regulation (EC) No 987/2009 Article 15 a (new) 9a. The following article is inserted: ‘Article 15a Activity covered by Article 15(5) of the basic Regulation For the purposes of the application of Article 11(5) of the basic Regulation, the main duties of a crew member who is an employed person on active duty shall be determined on the basis of a record of the hours worked on flights departing from the Member State concerned and to which he or she returns after completing his or her schedule of flights. A figure which is less than 50% of the total shall indicate that the main duties are not carried out in the State in question.’
Amendment 582 #
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 employers concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
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
Amendment 584 #
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
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
Amendment 586 #
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
Amendment 587 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 a (new) Regulation (EC) No 987/2009 Article 19 – paragraph 2 10a. In Article 19, paragraph 2 is replaced by the following: "2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions.
Amendment 588 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 Regulation (EC) No 987/2009 Article 19 – paragraph 3 3. Whenever an institution is asked to issue the attestation referred to above, it shall carry out a proper assessment of the relevant facts and guarantee that the information on the basis of which the attestation is provided is correct. Upon issuing the attestation, it shall notify the competent authority of the Member State for which it is intended. The legislation of the issuing Member State shall only be applicable as from the date of the issuance of the attestation.
Amendment 589 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 Regulation (EC) No 987/2009 Article 19 – paragraph 4 4. Where necessary for the exercise of legislative powers at national or Union level, relevant information regarding the social security rights and obligations of the persons concerned shall be exchanged directly between the competent institutions and the labour inspectorates, immigration or tax authorities of the States concerned, while ensuring full respect for privacy; this may include the processing of personal data for purposes other than the exercise or enforcement of rights and obligations under the basic Regulation and this Regulation
Amendment 590 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 a (new) Regulation (EC) No 987/2009 Article 19 a (new) Amendment 591 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 a (new) Regulation (EC) No 987/2009 Article 19 a (new) 11a. The following article inserted: “Article 19a Procedure for the application of Article 12 of the basic Regulation concerning open attestations for consecutive trips 1. At the request of the person concerned, the competent institution shall issue an attestation of applicable legislation as referred to in Article 19(2) for a period of validity of up to three months and without immediately specifying the person’s Member State of destination. This paragraph applies only to cases where the person concerned returns to the home Member State after each sending. 2. Where the person concerned has made a request under the first subparagraph of paragraph 1, the employer shall notify the competent institution of the precise destination and duration of each sending at its commencement. Any substantive changes to the duration or destination of the sending shall be notified additionally. 3. In accordance with Article 20, the competent institution of the Member State whose legislation is applicable shall make information relating to the legislation applicable to the person concerned available via the Electronic Exchange of Social Security Information to the concerned Member State(s). 4. Where, during the period of validity of the attestation, the situation of the person concerned changes in regard to the applicable legislation, the employer shall immediately notify the competent institution.”
Amendment 592 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20 -a (new) Amendment 593 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20 -ab (new) Amendment 594 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20a – paragraph 1 – introductory part 1. The Commission shall be empowered to adopt implementing acts specifying the procedure to be followed in order to ensure uniform conditions for the application of Articles 12 and 13 of the basic Regulation. Those acts shall establish a standard procedure
Amendment 595 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20a – paragraph 1 – indent 1 – the issuance, the electronic format and the contents of a forgery-proof, standardised portable document certifying
Amendment 596 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20 a – paragraph 1 – indent 1 – the issuance, the electronic format and the contents, with mandatory information of a portable document certifying the social security legislation which applies to the holder,
Amendment 597 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20 a – paragraph 1 – indent 1 – the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 598 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20 a – paragraph 1 – indent 1 – the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 599 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20 a – paragraph 1 – indent 2 Amendment 600 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 – the elements to be verified before the document can be issued, rectified or withdrawn,
Amendment 601 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Regulation (EC) No 987/2009 Article 20 a – paragraph 1 – indent 4 Amendment 602 #
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
Amendment 603 #
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.
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
Amendment 605 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 a (new) Regulation (EC) 987/2009 Article 22 13a. Article 22 is replaced by the following: "Article 22 General implementing provisions 1. The competent authorities or institutions shall ensure that any necessary information is made available to insured persons regarding the procedures and conditions for the granting of benefits in kind where such benefits are received in the territory of a Member State other than that of the competent institution. To facilitate the coordination of long-term care benefits which meet the criteria contained in Article 1 (vb) of the basic Regulation, the European Commission shall make information available about which institution is responsible for which type of benefit in every Member State, including where relevant at regional level. 1a. To facilitate the coordination of long-term care benefits which meet the criteria contained in Article 1 (vb) of the basic Regulation, the Administrative Commission should consider more precise definitions of certain terms related to that Article, to ensure that the person concerned is not deprived of necessary long-term care. 2. Notwithstanding Article 5(a) of the basic Regulation, a Member State may
Amendment 606 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 Regulation (EC) No 987/2009 Article 23 – second sentence Amendment 607 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 Regulation (EC) No 987/2009 Article 23 – second sentence Amendment 608 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 Regulation (EC) No 987/2009 Article 23 – second sentence 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
Amendment 610 #
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.
Amendment 611 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 Regulation (EC) No 987/2009 Article 24 – paragraph 3 Amendment 612 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 Regulation (EC) No 987/2009 Article 24 – paragraph 3 Amendment 613 #
Proposal for a regulation Article 2 – paragraph 1 – point 15Regulation (EC) No 987/2009 Article 24 – paragraph 3 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.
Amendment 615 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 a (new) 15a. Article 25, paragraph 1 is 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.
Amendment 616 #
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 1 is 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.
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
Amendment 618 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 b (new) Regulation (EC) No 987/2009 Article 25 – paragraph 3 15b. 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.
Amendment 619 #
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.
Amendment 62 #
Draft legislative resolution Citation 5 — having regard to the opinion of the European Economic and Social Committee of
Amendment 620 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 a (new) Regulation (EC) No 987/2009 Article 26 15a. Article 26 is replaced by the following: "Article 26 Scheduled treatment A. Authorisation procedure 1. For the purposes of the application of Article 20(1) of the basic Regulation, the insured person shall present a
Amendment 621 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 c (new) Regulation (EC) No 987/2009 Article 26 15c. Article 26 is replaced by the following: "Article 26 Scheduled treatment
Amendment 622 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 Regulation (EC) No 987/2009 Article 28 – paragraph 1 Amendment 623 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 Regulation (EC) No 987/2009 Article 28 – paragraph 1 Amendment 624 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 Amendment 625 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 Regulation (EC) No 987/2009 Article 28 – paragraph 1 Amendment 626 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 Regulation (EC) No 987/2009 Article 31 – title and paragraphs 1 and 2 Amendment 627 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 Regulation (EC) No 987/2009 Article 31 – title and paragraphs 1 and 2 Amendment 628 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 – point c Regulation (EC) No 987/2009 Article 31 – title Amendment 629 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 – point d Regulation (EC) No 987/2009 Article 31 – paragraph 1 Amendment 63 #
Proposal for a regulation Recital 3 (3) It has emerged from evaluations and discussions within the Administrative Commission for the Coordination of Social Security Systems that in the areas of long- term care benefits, unemployment benefits and family benefits the modernisation process should continue, in order to make such rules fairer, clearer and easier to apply.
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 3
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.
Amendment 632 #
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 insurance scheme to which the basic Regulation applies, the institution of
Amendment 633 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 Regulation (EC) No 987/2009 Article 32 – paragraph 4 Amendment 634 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 Regulation (EC) No 883/2004 Article 32 – paragraph 4 Amendment 635 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 a (new) Regulation (EC) No 987/2009 Article 54 – paragraph 1 19 a. Article 54, paragraph 1 is replaced by the following: "1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to unemployment benefits treated under Article 6
Amendment 636 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 Regulation (EC) No 987/2009 Article 55 – paragraph 4 – subparagraph 3 Amendment 637 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 Regulation (EC) No 987/2009 Article 55 – paragraph 7 Amendment 638 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 Regulation (EC) No 987/2009 Article 55 – paragraph 7 Amendment 639 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 Regulation (EC) No 987/2009 Article 55 – paragraph 7 21. In
Amendment 64 #
Proposal for a regulation Recital 4 (4) It remains essential that the coordination rules keep pace with the
Amendment 640 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 Regulation (EC) No 987/2009 Article 55a Amendment 641 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 Regulation (EC) No 987/2009 Article 55a Amendment 642 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 Regulation (EC) No 987/2009 Article 55 a Amendment 643 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 Regulation (EC) No 987/2009 Article 55 a – paragraph 1 In the situation referred to in Article 61(2) of the basic Regulation, the institution of the Member State of most recent insurance shall immediately send a document to the competent institution of the Member State of previous insurance containing: the date on which the person concerned had become unemployed, the period or periods of insurance, employment or self- employment completed under its legislation and under the legislation of other Member States of which it has been informed, the relevant circumstances of the unemployment likely to affect entitlement to benefits, the date of registration as unemployed person and their address.
Amendment 644 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 Regulation (EC) No 987/2009 Article 56 – paragraphs 1 and 3 Amendment 645 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 a (new) Regulation (EC) No 987/2009 Article 57 – title 23a. In Article 57, the title is replaced by the following: "Provisions for the application of Articles
Amendment 646 #
Proposal for a regulation Article 2 – paragraph 1 – point 24 Regulation (EC) No 987/2009 Title VI – Chapter I – title Amendment 647 #
Proposal for a regulation Article 2 – paragraph 1 – point 24 Regulation (EC) No 987/2009 Title VI – Chapter I – title Amendment 648 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 Regulation (EC) No 987/2009 Article 65 – paragraph 1 1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question, with sickness and long- term care benefits in kind indicated separately.
Amendment 649 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 a (new) Regulation (EC) No 987/2009 Article 66 – paragraph 2 26a. In Article 66, paragraph 2 is replaced by the following: "2. The reimbursements between the institutions of the Member States, provided for in Articles 35 and 41 of the basic Regulation, shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and
Amendment 65 #
Proposal for a regulation Recital 4 (4) It remains essential that the coordination rules keep pace with the evolving legal
Amendment 650 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 b (new) Regulation (EC) No 987/2009 Article 67 – paragraph 1 26b. In Article 67, paragraph 1 is replaced by the following: "1. Claims based on actual expenditure shall be introduced to the liaison body of the debtor Member State within 12 months of the end of the calendar half-year during which those claims were recorded in the accounts of the creditor institution.
Amendment 651 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 c (new) Regulation (EC) No 987/2009 Article 67 – paragraph 3 Amendment 652 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 e (new) Regulation (EC) No 987/2009 Article 67 – paragraph 5 26e. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period.
Amendment 653 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 a (new) Regulation (EC) No 987/2009 Article 67 – paragraph 5 26a. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 1
Amendment 654 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 f (new) Regulation (EC) No 987/2009 Article 67 – paragraph 7 26f. In Article 67, paragraph 7 is replaced by the following: "7. The Audit Board shall facilitate the final closing of accounts in cases where a
Amendment 655 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 b (new) Regulation (EC) No 987/2009 Article 68 – paragraph 2 26b. in Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus 8 percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is
Amendment 656 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 g (new) Regulation (EC) No 987/2009 Article 68 – paragraph 2 26g. In Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus eight percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due.
Amendment 657 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 Regulation (EC) No 987/2009 Article 70 Amendment 658 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 a (new) Regulation (EC) No 987/2009 Article 70 – paragraph 1 27a. in Article 70, the first paragraph is replaced by the following: “If there is no agreement in accordance with Article 65(
Amendment 659 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 b (new) Regulation (EC) No 987/2009 Article 70 – paragraph 3 Amendment 66 #
Proposal for a regulation Recital 4 a (new) (4a) The Commission and the Member States must therefore provide transparent, public data, compiled via dedicated, in- depth studies, to enable a rational and effective debate to take place at national and European level on the actual volume and effective economic and social impact of possible cases of fraud or abuse of national social security systems, as well as on how to strengthen coordination arrangements with a view to increasing confidence in the various public employment services when promoting, or systematically monitoring, the integration of mobile unemployed persons into the labour market.
Amendment 660 #
Proposal for a regulation Article 2 – paragraph 1 – point 28 Regulation (EC) No 987/2009 Article 73 – paragraph 1 – subparagraph 1 In case of a retroactive change of the applicable legislation including situations referred to in Article 6(4) and (5) of the implementing Regulation, at the latest
Amendment 661 #
Proposal for a regulation Article 2 – paragraph 1 – point 28 Regulation (EC) No 987/2009 Article 73 – paragraph 3 – subparagraph 3 If the amount of unduly paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which unduly received contributions shall reimburse the amount in excess to the legal and/or natural person concerned
Amendment 662 #
Proposal for a regulation Article 2 – paragraph 1 – point 28 Regulation (EC) No 987/2009 Article 73 – paragraph 4 4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
Amendment 663 #
Proposal for a regulation Article 2 – paragraph 1 – point 29 Regulation 987/2009/EC Article 75 – paragraph 4 a (new) 4a. The Member State where the person concerned by the refund of the social security contributions currently resides or stays, shall inform the Member State from which the refund is to be made, about the outcome of the refund within 25 working days.
Amendment 664 #
Proposal for a regulation Article 2 – paragraph 1 – point 29 Regulation (EC) No 987/2009 Article 75 – paragraph 4 a (new) 4a. The requested party shall inform the applicant party about the outcome of its request within 6 months.
Amendment 665 #
Proposal for a regulation Article 2 – paragraph 1 – point 30 Regulation 987/2009/EC Article 76 – paragraph 3 b (new) 3b. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 25 working days from the moment the request was received.
Amendment 666 #
Proposal for a regulation Article 2 – paragraph 1 – point 30 Regulation (EC) No 987/2009 Article 76 – paragraph 3 b (new) 3b. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 667 #
Proposal for a regulation Article 2 – paragraph 1 – point 31 – point b Regulation (EC) No 987/2009/EC Article 77 – paragraph 3 – subparagraph 6 a (new) 6a. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 25 working days from the moment the request was received.
Amendment 668 #
Proposal for a regulation Article 2 – paragraph 1 – point 31 – point b Regulation (EC) No 987/2009 Article 77 – paragraph 6 a (new) 6a. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 669 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 – point d Regulation (EC) No 987/2009 Article 78 – paragraph 6 a (new) 6a. If the currency of the requested party is different from the currency of applicant party, the applicant authority shall express the amount of the claim to be recovered in both currencies.
Amendment 67 #
Proposal for a regulation Recital 4 a (new) (4a) Freedom of movement is a cornerstone of the internal market. However, the internal market cannot function in the absence of mutual trust. In order to safeguard the benefits of mobility, the EU must fight abuse, fraud and unfair competition.
Amendment 670 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 – point d Regulation 987/2009/EC Article 78 – paragraph 6 a (new) 6a. If the currency of the requested party is different from the currency of the applicant party, the applicant authority shall express in both currencies the amount of the claim to be recovered.
Amendment 671 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 – point d Regulation (EC) No 987/2009 Article 78 – paragraph 6 b (new) 6b. The exchange rate to be used for the purpose of the recovery assistance shall be the last exchange rate published by the European Central Bank before the request is sent.
Amendment 672 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 – point d Regulation (EC) No 987/2009 Article 78 – paragraphs 6 b (new) 6b. The exchange rate to be used for the purpose of the recovery assistance shall be the last exchange rate published by the European Central Bank before the date the request is sent.
Amendment 673 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 – point d Regulation (EC) No 987/2009 Article 78 – paragraph 6 c (new) 6c. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 25 working days from the moment the request was received.
Amendment 674 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 – point d Regulation (EC) No 987/2009 Article 78 – paragraph 6 c (new) 6c. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 675 #
Proposal for a regulation Article 2 – paragraph 1 – point 33 Regulation (EC) No 987/2009 Article 79 – paragraph 2 – point a (a) the name, address and any other
Amendment 676 #
Proposal for a regulation Article 2 – paragraph 1 – point 33 Regulation (EC) No 987/2009 Article 79 – paragraph 2 a (new) 2a. A single uniform instrument permitting enforcement in the Member State of the requested party may be issued in respect to several claims and several persons corresponding to the initial instrument or instruments permitting enforcement in the Member State of the applicant party.
Amendment 677 #
Proposal for a regulation Article 2 – paragraph 1 – point 33 Regulation (EC) No 987/2009 Article 79 – paragraph 2 a (new) 2a. A single uniform instrument permitting enforcement in the Member State of the requested party may be issued in respect of several claims and several persons corresponding to the initial instrument or instruments permitting enforcement in the Member State of applicant party.
Amendment 678 #
Proposal for a regulation Article 2 – paragraph 1 – point 34 – point b a (new) Regulation (EC) No 987/2009 Article 80 – paragraph 2 a (new) (ba) the following paragraph is added: “2a. Regardless of any amounts collected by the requested party by way of interest recovered, a claim shall be deemed recovered in proportion to the recovery of the amount expressed in the national currency of the Member State of the requested party on the basis of the exchange rate mentioned in the request.”
Amendment 679 #
Proposal for a regulation Article 2 – paragraph 1 – point 34 – point b a (new) Regulation (EC) No 987/2009 Article 80 – paragraph 2 a (new) (ba) the following paragraph is added: 2a. Regardless of the amounts collected by the requested party by way of interest shall be deemed recovered in proportion to the amount of the claim expressed in the national currency of the Member State of the requested party on the basis of the exchange rate mentioned in the request.
Amendment 68 #
Proposal for a regulation Recital 5 Amendment 680 #
Proposal for a regulation Article 2 – paragraph 1 – point 35 – point d Regulation (EC) No 987/2009 Article 81 – paragraph 5 a (new) 5a. In order to convert the amount of the claim resulting from an adjustment into the currency of the Member State of the requested party, the applicant party shall use the exchange rate used in its initial request.
Amendment 681 #
Proposal for a regulation Article 2 – paragraph 1 – point 35 – point d Regulation (EC) No 987/2009 Article 81 – paragraph 5 a (new) In order to convert the amount of the claim resulting from an adjustment into the currency of the Member State of the requested party, the applicant party shall use the exchange rate used in its initial request.
Amendment 682 #
Proposal for a regulation Article 2 – paragraph 1 – point 39 Regulation (EC) No 987/2009 Article 85 a – paragraph 1 – introductory part 1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party resulting from existing national law or practice, officials
Amendment 683 #
Proposal for a regulation Article 2 – paragraph 1 – point 39 Regulation (EC) No 987/2009 Article 85a – paragraph 1 – introductory part 1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials and responsible office-holders authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section:
Amendment 684 #
Proposal for a regulation Article 2 – paragraph 1 – point 39 Regulation (EC) No 987/2009 Article 85a – paragraph 2 2. In so far as it is permitted under the legislation in force in the Member State of the requested party, the agreement referred to in paragraph 1(b) may provide that officials or responsible office-holders of the Member State of applicant party may interview individuals and examine records.
Amendment 685 #
Proposal for a regulation Article 2 – paragraph 1 – point 39 a (new) Regulation (EC) No 987/2009 Article 86 39a. Article 86 is replaced by the following: "Article 86 Review clause
Amendment 686 #
Proposal for a regulation Article 2 – paragraph 1 – point 40 – point b Regulation (EC) No 987/2009 Article 87 – paragraph 6 However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence..
Amendment 687 #
Proposal for a regulation Article 2 – paragraph 1 – point 40 – point b Regulation (EC) No 987/2009 Article 87 – paragraph 6 However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence.
Amendment 688 #
Proposal for a regulation Article 2 – paragraph 1 – point 44 Regulation (EC) No 987/2009 Article 94 a – paragraph 1 Until the entry into force of Regulation (EU) XXX, Article
Amendment 689 #
Proposal for a regulation Article 3 – paragraph 1 a (new) Point 9a of Article 2 [inserting a new Article 15a into Regulation (EC) 987/2009] shall be applicable from ... [5 years after the date of entry into force of this Regulation - COD2016/0397].
Amendment 69 #
Proposal for a regulation Recital 5 Amendment 690 #
Proposal for a regulation Annex I – point 5 – point c a (new) Regulation (EC) No 883/2004 Annex X (ca) In the section ‘ITALY’, the following letter is inserted after letter h: ‘(i) additional, non-contributory care, social and family benefits paid by the regions and autonomous provinces.’
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 3
Amendment 692 #
Proposal for a regulation Annex I – point 7 Regulation (EC) No 883/2004 Annex XII – subheading Amendment 693 #
Proposal for a regulation Annex I – point 7 Regulation (EC) No 883/2004 Annex XII – subheading 0 a (new) Subject to statutory entitlement in the host Member State, these long-term care benefits in cash provided in derogation from Article 35a(1) shall be paid on the basis of clear, detailed provisions as regards the definition of long-term care and the arrangements for the provision of care, with the permanent aim of ensuring that the welfare protection system in the country providing the benefits is not disrupted.
Amendment 694 #
Proposal for a regulation Annex I – point 7 Regulation (EC) No 883/2004 Annex XIII – Part I – subheading 0 a (new) Subject to statutory entitlement in the host Member State, these family benefits in cash intended to replace income during periods of child-raising shall be paid on the basis of clear, detailed provisions as regards the definition of income during periods of child-raising, with the permanent aim of ensuring that the welfare protection system in the country providing the benefits is not disrupted.
Amendment 695 #
Proposal for a regulation Annex I – point 7 Regulation (EC) No 883/2004 Annex XIII Part II Member States which award family benefits referred in Article 6
Amendment 696 #
Proposal for a regulation Annex I – point 7 a (new) Regulation (EC) No 883/2004 Annex XIII a (new) 7a. The following annex is added: “Annex XIIIa Long-term care benefits in cash provided in derogation from Article 33a(a) of Chapter I (Article 33a(2))”
Amendment 697 #
Proposal for a regulation Annex I – point 7 b (new) Regulation (EC) No 883/2004 Annex XIII b (new) 7b. The following annex is added: “Annex XIIIb (Article 67c) Adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State Member States and competent regional authorities adapting family benefits in accordance with the adjustment mechanism referred to in Article 67b:”
Amendment 698 #
Proposal for a regulation Annex I – point 7 a (new)Regulation (EC) No 883/2004 Annex XIII a (new) 7a. The following annex is added: Annex XIIIa (Article 67 (2)) Member States adapting family benefits in accordance with the mechanism set out in Article 67b.
Amendment 699 #
Proposal for a regulation Annex I – point 7 a (new) Regulation (EC) No 883/2004 Annex XIII a (new) 7a. the following Annex is added: “Annex XIII (a) WORK-RELATED DISABILITY BENEFITS”
Amendment 70 #
Proposal for a regulation Recital 5 Amendment 700 #
Proposal for a regulation Annex I – point 7 c (new) Regulation (EC) No 987/2009 Annex 5 7c. In Regulation (EC) No 987/2009, Annex 5 is deleted.
Amendment 71 #
Proposal for a regulation Recital 5 Amendment 72 #
Proposal for a regulation Recital 5 Amendment 73 #
Proposal for a regulation Recital 5 (5)
Amendment 74 #
Proposal for a regulation Recital 5 (5) It is necessary to guarantee legal certainty by clarifying that 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
Amendment 75 #
Proposal for a regulation Recital 5 (5) It is necessary to guarantee legal certainty by clarifying that access to
Amendment 76 #
Proposal for a regulation Recital 5 a (new) (5a) A growing number of mobile Union citizens is excluded from equal treatment and the protection granted through social security coordination, in particular those citizens excluded from the labour market without access to the social security benefits listed in Article 3 of this Regulation. The Commission should take the opportunity to develop a proposal on how to include social assistance and minimum income benefits in the scope of the Regulation in order to close the social protection gap within in the Union’s social security coordination regime. Alternatively, the Commission could, in close cooperation with the Parliament, the Council, the social partners and all relevant stakeholders from civil society, develop a European social protection regime for all mobile citizens who have so far been excluded from the Regulation. The proposed regimes could be based on Article 21 of the Treaty on the Functioning of the European Union and should have special regard to non-active mobile citizens and job seekers.
Amendment 77 #
Proposal for a regulation Recital 6 Amendment 78 #
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
Amendment 79 #
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 and financial uncertainty both for institutions and persons claiming long-
Amendment 80 #
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.
Amendment 81 #
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 bodies 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.
Amendment 82 #
Proposal for a regulation Recital 6 a (new) Amendment 83 #
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.
Amendment 84 #
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.
Amendment 85 #
Proposal for a regulation Recital 7 Amendment 86 #
Proposal for a regulation Recital 7 Amendment 87 #
Proposal for a regulation Recital 7 Amendment 88 #
Proposal for a regulation Recital 7 Amendment 89 #
Proposal for a regulation Recital 7 (7) In order
Amendment 90 #
Proposal for a regulation Recital 7 (7)
Amendment 91 #
Proposal for a regulation Recital 7 (7)
Amendment 92 #
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 Regulations (EC) No 883/2004 and (EC) No 987/2009 should therefore refer to workers “sent abroad” rather than “posted”. 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. OJ L 018, 21.01.1997 p. 1.
Amendment 93 #
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 services34 and within the meaning of this revised Regulation. 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.
Amendment 94 #
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 of this regulation for the
Amendment 95 #
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 services34. 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
Amendment 96 #
Proposal for a regulation Recital 8 Amendment 97 #
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
Amendment 98 #
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
Amendment 99 #
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
source: 616.559
2018/03/02
PETI
115 amendments...
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 2a. Member States ensure that economically inactive mobile citizens and job seekers can access comprehensive sickness insurance cover in the host Member State by allowing such citizens to contribute in a proportionate manner to a sickness insurance or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.
Amendment 101 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 a (new) Amendment 102 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 b (new) Regulation (EC) No 883/2004 Article 19 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 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
Amendment 103 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 c (new) Regulation (EC) No 883/2004 Article 30 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
Amendment 104 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 Regulation (EC) No 883/2004 Chapter 1 a Amendment 105 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 Regulation (EC) No 883/2004 Article 35 a – paragraph 2 2. The Administrative Commission
Amendment 106 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 Amendment 107 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Amendment 108 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EC) No 883/2004 Article 61 Amendment 109 #
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
Amendment 110 #
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
Amendment 111 #
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
Amendment 112 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 Regulation (EC) No 883/2004 Article 64 Amendment 113 #
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 point (c) the word
Amendment 114 #
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
Amendment 115 #
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
Amendment 116 #
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;
Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b Regulation (EC) No 883/2004 Article 64 – paragraph 3 (b)
Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64 a Amendment 119 #
Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 883/2004 Article 64 a Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 a (new) Regulation (EC) No 883/2004 Article 67 a (new) Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 b (new) Regulation (EC) No 883/2004 Article 67 b (new) 22b. The following article is inserted: “Article 67b Delegated acts for the creation of an adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a in order to supplement this Regulation by establishing a consistent and functional adjustment mechanism for exported family benefits and to amending the list of Member States and competent regional authorities set out in Annex XIIIb which apply the adjustment mechanism.”
Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 c (new) Regulation (EC) No 883/2004 Article 67 c (new) 22c. The following article is inserted: “Article 67c Implementing acts establishing up- and downgrading factors for the adjustment mechanism The Commission shall adopt implementing acts in order to establish up- and downgrading factors for the adjustment mechanism provided for in Article 67b for each Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88b.”
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 d (new) Regulation (EC) No 883/2004 Article 68 – paragraph 2 a (new) 22d. In Article 68, the following paragraph is inserted: "2a. For the purposes of calculating the differential supplement for family benefits as referred to in paragraph 2, there shall be two categories of benefits of the same kind: (a) family benefits in cash primarily intended to replace part or the whole of income that claimant has not earned or cannot earn due to child-raising; and (b) all other family benefits.”
Amendment 124 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) No 883/2004 Article 68 b – paragraph 1 1. 1. Family benefits
Amendment 125 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 a (new) Regulation (EC) No 883/2004 Article 70 – paragraph 4 a (new) 23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”
Amendment 126 #
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.
Amendment 127 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 883/2004 Article 88 Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 2. The delegation of power referred to in Articles 67b and 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].
Amendment 129 #
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 67b and 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 force
Amendment 130 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 6. A delegated act adopted pursuant to Articles 67b and 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..
Amendment 131 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 a (new) Regulation (EC) No 883/2004 Article 88 b (new) 27a. The following article is inserted: "Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."
Amendment 132 #
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;.
Amendment 133 #
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
Amendment 134 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 987/2009 Article 1 – paragraph 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
Amendment 135 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Regulation (EC) No 987/2009 Article 2 – paragraph 5 5. When a person’s rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to provide personal data about that person, while fully complying with privacy requirements. The request and any response shall
Amendment 136 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 987/2009 Article 5 – paragraph 2 – point a (a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within
Amendment 137 #
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,
Amendment 138 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 – point a Regulation (EC) No 987/2009 Article 14 – paragraph 1 1. For the purposes of the application of Article 12(1) of the basic Regulation, 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 the 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 services52
Amendment 139 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 Regulation (EC) No 987/2009 Article 19 – paragraph 4 4. Where necessary for the exercise of legislative powers at national or Union level, relevant information regarding the social security rights and obligations of the persons concerned shall be exchanged directly between the competent institutions and the labour inspectorates, immigration or tax authorities of the States concerned
Amendment 140 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 Regulation (EC) No 987/2009 Article 23 – last sentence Amendment 141 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 a (new) Regulation (EC) No 987/2009 Article 23 – paragraph 1 (14a) In Article 23, paragraph 1 is replaced by the following: “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,
Amendment 142 #
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 1 is 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.
Amendment 143 #
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
Amendment 144 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 a (new) Regulation (EC) No 987/2009 Article 54 – paragraph 1 (19a) in Article 54, paragraph 1 is replaced by the following: 1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to
Amendment 145 #
Proposal for a regulation Article 2 – paragraph 1 – point 26 a (new) Regulation (EC) No 987/2009 Article 67 – paragraph 5 (26a) Article 67 paragraph 5 is replaced by the following: 5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 1
Amendment 146 #
Proposal for a regulation Annex I – point 7 Regulation (EC) No 883/2004 Annex XIII Part II Member States which award family benefits referred in Article 6
Amendment 147 #
Proposal for a regulation Annex I – point 7 a (new) Regulation (EC) No 883/2004 Annex XIII a (new) 7a. The following annex is added: “Annex XIIIa (Article 67c) Adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State Member States and competent regional authorities adapting family benefits in accordance with the adjustment mechanism referred to in Article 67b:”
Amendment 33 #
Proposal for a regulation Citation 1 a (new) (1a) having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of national parliaments in the European Union,
Amendment 34 #
Proposal for a regulation Citation 1 b (new) (1b) having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,
Amendment 35 #
Proposal for a regulation Recital 3 a (new) (3a) The definitions and criteria for determining disability and invalidity differ widely across the Member States, which can constitute a major obstacle to the mutual recognition of national decisions on disability and invalidity issues, in particular as regards access to specific services and facilities, and can put people with a disability or invalidity at a particular disadvantage in the field of social security when moving from one Member State to another. It is therefore necessary, with a view to facilitating the travel and movement of persons with a disability or invalidity from one Member State to another, to ensure the mutual recognition of disability status between Member States, in particular through the swift implementation of the European Disability Card in all Member States which will be connected to the European Health Insurance Card and the European Social Security Card.
Amendment 36 #
Proposal for a regulation Recital 3 a (new) (3a) The definitions and criteria for determining disability and invalidity differ widely across the Member States, which can constitute a major obstacle to the mutual recognition of national decisions on disability and invalidity issues, in particular as regards access to specific services and facilities, and can put people with a disability or invalidity at a particular disadvantage in the field of social security when moving from one Member State to another. It is therefore necessary, with a view to facilitating the travel and movement of persons with a disability or invalidity from one Member State to another, to ensure a common European definition in line with UNCRPD and the mutual recognition of disability status between Member States, in particular through the swift implementation of the European Disability Card in all Member States.
Amendment 37 #
Proposal for a regulation Recital 3 b (new) (3b) It is important to respect the common values and principles of Union’s health systems as referred to in the Council Conclusions of 22 June 2006 on Common values and principles in European Union Health Systems1a, in particular the overarching values of universality, access to good quality care, equity and solidarity. This is particularly significant for categories of people who are neither employed, nor looking for a job, such as students, whose mobility should be preserved through their appropriate access to social security benefits, including health insurance, in the host Member State. As stated by the Council, "universality means that no-one is barred access to health care; solidarity is closely linked to the financial arrangement of our national health systems and the need to ensure accessibility to all; equity relates to equal access according to need, regardless of ethnicity, gender, age, social status or ability to pay." __________________ 1a OJ C 146, 22.6.2006, p.1.
Amendment 38 #
Proposal for a regulation Recital 3 b (new) (3b) In order to ensure the effective implementation and enforcement of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and guarantee the portability of disability benefits, harmonisation of disability policies in the Union, including the adoption of common definition, criteria and methods of evaluation of disability (percentage of disability) for the purpose of social security coordination should be adopted. The need for the adoption of the aforementioned emanated from the accession of the European Union to the UNCRPD, the first international organization to adhere to a UN human rights convention.
Amendment 39 #
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 f
Amendment 40 #
Proposal for a regulation Recital 4 a (new) (4a) It is to be noted that on 15 March 2017 the European Parliament adopted a resolution on obstacles to EU citizens’ freedom to move and work in the internal market1a. __________________ 1a Texts adopted, P8_TA(2017)0083
Amendment 41 #
Proposal for a regulation Recital 4 b (new) (4b) In order to improve the mobility of workers, students and job seekers across the Union, it is essential that Member States guarantee access to the European Health Insurance Card to all people, including temporary workers, self- employed persons and those in atypical employment relationships, as well as students and mobile jobseekers, without discrimination.
Amendment 42 #
Proposal for a regulation Recital 4 c (new) (4c) Cross-border healthcare is of particular relevance to guarantee an equitable coordination of social security systems. In this regard, the implementation of Directive 2011/24/EU of the European Parliament and of the Council1a differs greatly across the Member States. __________________ 1aDirective 2011/24/EU of the European Parliament and of the Council on the application of patients ‘rights in cross- border healthcare (OJ L 88, 4.4.2011, p. 45).
Amendment 43 #
Proposal for a regulation Recital 5 Amendment 44 #
Proposal for a regulation Recital 5 (5)
Amendment 45 #
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 forthwith a stable legal framework appropriate to long-term care benefits within the Regulation to include a clear definition of such benefits.
Amendment 46 #
Proposal for a regulation Recital 7 Amendment 47 #
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
Amendment 48 #
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
Amendment 49 #
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
Amendment 50 #
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
Amendment 51 #
Proposal for a regulation Recital 9 (9)
Amendment 52 #
Proposal for a regulation Recital 9 (9) Following the recommendations in the EU Citizenship Report 2013,35 there is a need to extend the minimum duration of export of unemployment benefits
Amendment 53 #
Proposal for a regulation Recital 10 (10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring that frontier workers can choose where to receive unemployment benefit
Amendment 54 #
Proposal for a regulation Recital 10 (10) There is a need
Amendment 55 #
Proposal for a regulation Recital 11 (11) Family benefits intended to replace income during child-raising periods
Amendment 56 #
Proposal for a regulation Recital 11 a (new) (11a) As regards family benefits for family members living in a Member State other than the competent Member State, their costs and standards of living are likely to differ compared to those of family members residing in the competent Member State. Family benefits are intended to meet family expenses and therefore predominantly serve the purpose of partially meeting the actual costs for living.
Amendment 57 #
Proposal for a regulation Recital 11 a (new) (11a) Individuals should be able to choose their habitual residence for the purpose of establishing social security benefits, with competent authorities certifying it within a reasonable timeframe on the basis of proven sufficient roots to the concerned Member State.
Amendment 58 #
Proposal for a regulation Recital 12 (12) 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
Amendment 59 #
Proposal for a regulation Recital 12 (12) 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 201636. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council should immediately receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________
Amendment 60 #
Proposal for a regulation Recital 12 a (new) (12a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, to adopt upgrading and downgrading factors for the adjustment of family benefits for children residing in Member States other than the competent Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 61 #
Proposal for a regulation Recital 13 Amendment 62 #
Proposal for a regulation Recital 15 (15) With a view to expediting the procedure for the verification, rectification 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 should become competent to determine the legislation applicable.
Amendment 63 #
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
Amendment 64 #
Proposal for a regulation Recital 18 (18) If a Member State is unable to notify within the deadline the annual average cost per person in each age group for a reference year, it is necessary to provide an alternative that the Member State may submit claims for that year based on the annual average costs for the immediately preceding year published in the Official Journal. The reimbursement of the expenditure on benefits in kind on the basis of fixed amounts should
Amendment 65 #
Proposal for a regulation Recital 19 a (new) (19a) Article 6 of Regulation 987/2009 should also apply in situation where a worker has been wrongly affiliated to a Member State due to breach of applicable legislation, irrespective of the existence of a dispute between institutions. This refers to situations where the employer has wrongly kept the worker registered in the Member State of the employer rather than the Member State where the worker resides.
Amendment 66 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 883/2004 Recital 5 – addition Amendment 67 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 883/2004 Recital 5 – addition Amendment 68 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EC) No 883/2004 Recital 5 2a. Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the
Amendment 69 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 a Amendment 70 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 a Amendment 71 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 a Amendment 72 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 b Amendment 73 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 b Amendment 74 #
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, in particular in systems where access is granted on the basis of residency. 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.
Amendment 75 #
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
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 c Amendment 77 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 c Amendment 78 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 c (5c) Not
Amendment 79 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 d (new) (5d) In applying the general principle of equal treatment provided for in this Regulation, the Court of Justice of the European Union held, in its judgments in cases C-140/12 Brey, C-333/13 Dano, C- 67/14 Alimanovic and C-299/14 Garcia- Nieto, that equal treatment may, as regards the access to special non- contributory cash benefits, which also constitute social assistance within the meaning of Directive 2004/38/EC, be subject to the limitations and the conditions set out in Article 24 of that Directive. In order to improve legal clarity for citizens of the Union and Member States’ institutions, that case-law should be codified. Limitations to equal treatment should respect Union law, including the principle of proportionality as interpreted by the Court of Justice.
Amendment 80 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 883/2004 Recital 5 e (new) (5e) The Court of Justice held, in its judgment in case C-308/14, European Commission v. United Kingdom of Great Britain and Northern Ireland, that Member States may, in conformity with Union law, including the principle of proportionality, make the access of persons covered by Article 11(3)(e) of this Regulation to non-contributory social security benefits covered by Article 3 thereof, subject to the condition that those persons have a legal right of residence in accordance with Directive2004/38/EC. As stated by the Court, the verification of the legal right of residence should be carried out in accordance with the requirements of Directive 2004/38/EC. In order to improve legal clarity for Union citizens and Member States’ institutions, that case-law should be codified.
Amendment 81 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 c (new) Regulation (EC) No 883/2004 Recital 5 f (new) (5f) It is necessary to ensure that Union citizens are not treated less favourably than other persons who fall within the scope of this Regulation. The limitations to equal treatment introduced in this Regulation should therefore, without prejudice to rights of equal treatment provided for in other Union law, apply mutatis mutandis to those other persons.
Amendment 82 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Regulation (EC) No 883/2004 Recital 24 a (new) (5a) After recital 24, the following is inserted: “(24a) Nothing within this Regulation should give ground to any Member State other than the competent Member State to refuse residence to economically inactive persons solely on the basis of the application for the branches of social security covered by this Regulation.ˮ
Amendment 83 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 883/2004 Recital 35 a (35a) F
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 883/2004 Recital 35 b (new) (35b) The cost of living of family members especially children residing in a Member State other than the competent Member State varies depending on the Member States concerned. The purpose of family benefits is to partially meet the child´s costs of living. Member States listed in an annex to this Regulation should determine the amount of family benefits due to family members residing in Member States other than the competent Member State
Amendment 85 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 883/2004 Recital 35 c (new) (35c) Family benefits in cash which are primarily intended to replace income that could not be earned, whether in part or in full, or income that the person cannot earn due to child-raising, can be distinguished from other family benefits intended to meet family expenses. As family benefits in cash could be considered to be individual rights which are inherent to the claimant, subject to the law of the competent Member State, it should be possible to link the entitlement to such benefits exclusively to the claimant. The Member State in which the family members of the claimant are resident should be able to decide not to apply the priority rules where there are overlapping rights to such benefits under that Member State’s law and the law of the competent Member State. Where a Member State decides not to apply the rules of priority it should do so consistently in respect of all persons entitled to such benefits in analogous situations.
Amendment 86 #
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 to Regulation (EC) No 987/2009 and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in a Member State other than the competent Member State. 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
Amendment 87 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point a Regulation (EC) No 883/2004 Article 1 – point c Amendment 88 #
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)
Amendment 89 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point c Regulation (EC) No 883/2004 Article 1 – point v a – point i (c) In Point (va)(i)
Amendment 90 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 1 Amendment 91 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation 883/2004 Article 4 – paragraph 2 Amendment 92 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 93 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 883/2004 Article 4 – paragraph 2 Amendment 94 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 a (new) Regulation (EC) No 883/2004 Article 4 a (new) 11a. The following article is inserted: “Article 4a Limitations to equality of treatment for persons not having a legal right of residence under Union law 1. By way of derogation from Article 4 of this Regulation, a Member State whose legislation is applicable on the basis of Article 11(3)(e) of this Regulation may, in accordance with Union law, provide for access to [non-contributory social security benefits covered by Article 3] to be subject to the condition of having a legal right of residence in accordance with Directive 2004/38/EC. 2. Member States may apply the limitations referred to in paragraph 1 mutatis mutandis to stateless persons and refugees as well as to the members of their families and to their survivors who do not fulfil the conditions of legal residence or stay in accordance with other relevant Union law.”
Amendment 95 #
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
Amendment 96 #
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 services46
Amendment 97 #
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: (a) the anticipated or actual duration of such activity does not exceed
Amendment 98 #
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
Amendment 99 #
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
source: 619.090
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History
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Womens Rights and Gender Equality |
committees/6/committee |
Old
BUDGNew
PETI |
committees/6/committee_full |
Old
BudgetsNew
Petitions |
committees/6/type |
Old
Former Committee OpinionNew
Committee Opinion |
committees/7/committee |
Old
LIBENew
BUDG |
committees/7/committee_full |
Old
Civil Liberties, Justice and Home AffairsNew
Budgets |
committees/8/committee |
Old
FEMMNew
BUDG |
committees/8/committee_full |
Old
Womens Rights and Gender EqualityNew
Budgets |
committees/8/opinion |
False
|
committees/9/committee |
Old
PETINew
LIBE |
committees/9/committee_full |
Old
PetitionsNew
Civil Liberties, Justice and Home Affairs |
committees/10 |
|
committees/11 |
|
committees/12 |
|
committees/13 |
|
committees/14 |
|
docs/3 |
|
docs/4 |
|
events/4 |
|
events/5 |
|
procedure/dossier_of_the_committee/0 |
EMPL/10/00076
|
procedure/dossier_of_the_committee/0 |
EMPL/9/00193
|
committees/0/rapporteur |
|
committees/0/shadows |
|
committees/2/committee |
Old
BUDGNew
EMPL |
committees/2/committee_full |
Old
BudgetsNew
Employment and Social Affairs |
committees/2/opinion |
False
|
committees/2/rapporteur |
|
committees/2/type |
Old
Committee OpinionNew
Former Responsible Committee |
committees/3/committee |
Old
LIBENew
BUDG |
committees/3/committee_full |
Old
Civil Liberties, Justice and Home AffairsNew
Budgets |
committees/3/opinion |
False
|
committees/4/committee |
Old
FEMMNew
LIBE |
committees/4/committee_full |
Old
Womens Rights and Gender EqualityNew
Civil Liberties, Justice and Home Affairs |
committees/4/opinion |
False
|
committees/5/committee |
Old
PETINew
FEMM |
committees/5/committee_full |
Old
PetitionsNew
Womens Rights and Gender Equality |
committees/6/committee |
Old
BUDGNew
PETI |
committees/6/committee_full |
Old
BudgetsNew
Petitions |
committees/6/type |
Old
Former Committee OpinionNew
Committee Opinion |
committees/7/committee |
Old
LIBENew
BUDG |
committees/7/committee_full |
Old
Civil Liberties, Justice and Home AffairsNew
Budgets |
committees/8/committee |
Old
FEMMNew
BUDG |
committees/8/committee_full |
Old
Womens Rights and Gender EqualityNew
Budgets |
committees/8/opinion |
False
|
committees/9/committee |
Old
PETINew
LIBE |
committees/9/committee_full |
Old
PetitionsNew
Civil Liberties, Justice and Home Affairs |
committees/10 |
|
committees/11 |
|
committees/12 |
|
committees/13 |
|
committees/14 |
|
docs/3 |
|
docs/4 |
|
events/4 |
|
events/5 |
|
procedure/dossier_of_the_committee/0 |
EMPL/10/00076
|
procedure/dossier_of_the_committee/0 |
EMPL/9/00193
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting committee decision |
committees/0/rapporteur |
|
committees/0/shadows |
|
committees/1/rapporteur |
|
committees/2/committee |
Old
BUDGNew
EMPL |
committees/2/committee_full |
Old
BudgetsNew
Employment and Social Affairs |
committees/2/opinion |
False
|
committees/2/type |
Old
Committee OpinionNew
Former Responsible Committee |
committees/3/committee |
Old
LIBENew
BUDG |
committees/3/committee_full |
Old
Civil Liberties, Justice and Home AffairsNew
Budgets |
committees/3/opinion |
False
|
committees/4/committee |
Old
FEMMNew
LIBE |
committees/4/committee_full |
Old
Womens Rights and Gender EqualityNew
Civil Liberties, Justice and Home Affairs |
committees/4/opinion |
False
|
committees/5/committee |
Old
PETINew
FEMM |
committees/5/committee_full |
Old
PetitionsNew
Womens Rights and Gender Equality |
committees/6/committee |
Old
BUDGNew
PETI |
committees/6/committee_full |
Old
BudgetsNew
Petitions |
committees/6/type |
Old
Former Committee OpinionNew
Committee Opinion |
committees/7/committee |
Old
LIBENew
BUDG |
committees/7/committee_full |
Old
Civil Liberties, Justice and Home AffairsNew
Budgets |
committees/8/committee |
Old
FEMMNew
BUDG |
committees/8/committee_full |
Old
Womens Rights and Gender EqualityNew
Budgets |
committees/8/opinion |
False
|
committees/9/committee |
Old
PETINew
LIBE |
committees/9/committee_full |
Old
PetitionsNew
Civil Liberties, Justice and Home Affairs |
committees/10 |
|
committees/11 |
|
committees/12 |
|
committees/13 |
|
committees/14 |
|
docs/3 |
|
docs/4 |
|
events/4 |
|
events/5 |
|
procedure/dossier_of_the_committee/0 |
EMPL/10/00076
|
procedure/dossier_of_the_committee/0 |
EMPL/9/00193
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting committee decision |
committees/0/rapporteur |
|
committees/0/shadows |
|
committees/1/rapporteur |
|
committees/2/committee |
Old
BUDGNew
EMPL |
committees/2/committee_full |
Old
BudgetsNew
Employment and Social Affairs |
committees/2/opinion |
False
|
committees/2/type |
Old
Committee OpinionNew
Former Responsible Committee |
committees/3/committee |
Old
LIBENew
BUDG |
committees/3/committee_full |
Old
Civil Liberties, Justice and Home AffairsNew
Budgets |
committees/3/opinion |
False
|
committees/4/committee |
Old
FEMMNew
LIBE |
committees/4/committee_full |
Old
Womens Rights and Gender EqualityNew
Civil Liberties, Justice and Home Affairs |
committees/4/opinion |
False
|
committees/5/committee |
Old
PETINew
FEMM |
committees/5/committee_full |
Old
PetitionsNew
Womens Rights and Gender Equality |
committees/6/committee |
Old
BUDGNew
PETI |
committees/6/committee_full |
Old
BudgetsNew
Petitions |
committees/6/type |
Old
Former Committee OpinionNew
Committee Opinion |
committees/7/committee |
Old
LIBENew
BUDG |
committees/7/committee_full |
Old
Civil Liberties, Justice and Home AffairsNew
Budgets |
committees/8/committee |
Old
FEMMNew
BUDG |
committees/8/committee_full |
Old
Womens Rights and Gender EqualityNew
Budgets |
committees/8/opinion |
False
|
committees/9/committee |
Old
PETINew
LIBE |
committees/9/committee_full |
Old
PetitionsNew
Civil Liberties, Justice and Home Affairs |
committees/10 |
|
committees/11 |
|
committees/12 |
|
committees/13 |
|
committees/14 |
|
docs/3 |
|
docs/4 |
|
events/4 |
|
events/5 |
|
procedure/dossier_of_the_committee/0 |
EMPL/10/00076
|
procedure/dossier_of_the_committee/0 |
EMPL/9/00193
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting committee decision |
committees/0/shadows/5 |
|
committees/0/shadows/5 |
|
committees/0/shadows/5 |
|
committees/0/shadows/5 |
|
committees/0/shadows/5 |
|
committees/0/shadows/5 |
|
docs/5/date |
Old
2017-02-20T00:00:00New
2017-02-21T00:00:00 |
docs/6/date |
Old
2017-03-07T00:00:00New
2017-03-08T00:00:00 |
docs/7/date |
Old
2017-03-09T00:00:00New
2017-03-10T00:00:00 |
docs/8/date |
Old
2017-03-08T00:00:00New
2017-03-09T00:00:00 |
docs/9/date |
Old
2017-03-14T00:00:00New
2017-03-15T00:00:00 |
docs/10/date |
Old
2017-03-13T00:00:00New
2017-03-14T00:00:00 |
docs/11/date |
Old
2017-04-26T00:00:00New
2017-04-27T00:00:00 |
docs/12/date |
Old
2019-03-21T00:00:00New
2019-03-22T00:00:00 |
docs/5/date |
Old
2017-02-21T00:00:00New
2017-02-20T00:00:00 |
docs/6/date |
Old
2017-03-08T00:00:00New
2017-03-07T00:00:00 |
docs/7/date |
Old
2017-03-10T00:00:00New
2017-03-09T00:00:00 |
docs/8/date |
Old
2017-03-09T00:00:00New
2017-03-08T00:00:00 |
docs/9/date |
Old
2017-03-15T00:00:00New
2017-03-14T00:00:00 |
docs/10/date |
Old
2017-03-14T00:00:00New
2017-03-13T00:00:00 |
docs/11/date |
Old
2017-04-27T00:00:00New
2017-04-26T00:00:00 |
docs/12/date |
Old
2019-03-22T00:00:00New
2019-03-21T00:00:00 |
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Old
2017-02-20T00:00:00New
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Old
2017-03-07T00:00:00New
2017-03-08T00:00:00 |
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Old
2017-03-09T00:00:00New
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Old
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Old
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Old
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Old
2017-04-26T00:00:00New
2017-04-27T00:00:00 |
docs/12/date |
Old
2019-03-21T00:00:00New
2019-03-22T00:00:00 |
docs/2 |
|
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Old
New
|
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|
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Old
New
|
procedure/Legislative priorities/3 |
Old
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|
procedure/Legislative priorities/4 |
Old
New
|
committees/0 |
|
committees/0 |
|
docs/6/docs/0/url |
Old
http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0815New
https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2016)0815 |
docs/7/docs/0/url |
Old
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docs/8/docs/0/url |
Old
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docs/9/docs/0/url |
Old
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docs/10/docs/0/url |
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docs/11/docs/0/url |
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docs/12/docs/0/url |
Old
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docs/13/docs/0/url |
Old
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https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2016)0815 |
links/Research document/url |
Old
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)599322New
https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2017)599322 |
procedure/Legislative priorities/0 |
Old
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2017-03-07T00:00:00 |
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2017-03-09T00:00:00 |
docs/9 |
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Old
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2017-03-08T00:00:00 |
docs/10 |
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|
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Old
2017-03-15T00:00:00New
2017-03-14T00:00:00 |
docs/11 |
|
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Old
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2017-03-13T00:00:00 |
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Old
2017-04-27T00:00:00New
2017-04-26T00:00:00 |
docs/13 |
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|
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Old
2019-03-22T00:00:00New
2019-03-21T00:00:00 |
docs/14 |
|
events/0 |
|
committees/1/rapporteur |
|
committees/9/rapporteur |
|
committees/0 |
|
committees/0 |
|
docs/0 |
|
events/0 |
|
events/9 |
|
events/9/docs |
|
events/10 |
|
events/1/body |
EP
|
events/4/body |
EP
|
events/6/body |
EP
|
events/11/body |
EP
|
docs/4/docs/0/url |
https://www.europarl.europa.eu/doceo/document/EMPL-PR-612058_EN.html
|
docs/5/docs/0/url |
https://www.europarl.europa.eu/doceo/document/PETI-AD-616648_EN.html
|
docs/0 |
|
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|
procedure/title |
Old
Coordination of social security systems: benefitsNew
Social security coordination |
docs/0 |
|
docs/4 |
|
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https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE612.058
|
docs/5 |
|
docs/5 |
|
docs/5/docs/0/url |
https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE616.648&secondRef=03
|
docs/6 |
|
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Old
Joint Declaration 2018New
Joint Declaration 2018-19 |
procedure/Legislative priorities/2 |
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committees/0 |
|
committees/0 |
|
docs/3/docs/0/url |
Old
https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:1461)(documentyear:2017)(documentlanguage:EN)New
https://dmsearch.eesc.europa.eu/search/public?k=(documenttype:AC)(documentnumber:1461)(documentyear:2017)(documentlanguage:EN) |
committees/0/shadows/1/name |
Old
PÎSLARU DragoşNew
PÎSLARU Dragoș |
docs/5/docs/0/url |
Old
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docs/4/docs/0/url |
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docs/5/docs/0/url |
Old
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events/6/docs/0/url |
Old
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https://www.europarl.europa.eu/doceo/document/A-8-2018-0386_EN.html |
events/9/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20190417&type=CRENew
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events/7/body |
EP
|
events/8/body |
EP
|
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|
events/0/docs/1 |
|
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Old
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Awaiting Parliament's position in 1st reading |
procedure/Notes |
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|
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http://www.europarl.europa.eu/doceo/document/A-8-2018-0386_EN.html |
events/8 |
|
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False
|
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False
|
docs/4 |
|
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|
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|
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Old
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Awaiting Parliament 1st reading / single reading / budget 1st stage |
committees/3/opinion |
False
|
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|
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council |
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|
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|
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procedure/dossier_of_the_committee |
Old
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RegulationNew
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Old
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2017-03-14T00:00:00
|
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|
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|
committees/1/date |
2017-03-14T00:00:00
|
committees/1/rapporteur |
|
committees/1/shadows/2 |
|
activities/0/docs/0/celexid |
CELEX:52016PC0815:EN
|
activities/0/docs/0/celexid |
CELEX:52016PC0815:EN
|
activities/1/committees/1/shadows/0 |
|
committees/1/shadows/0 |
|
activities/2 |
|
links/Research document |
|
activities/1/committees/4/date |
2017-02-10T00:00:00
|
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|
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2017-02-10T00:00:00
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EMPL/8/08764
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Old
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activities |
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committees |
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links |
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other |
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procedure |
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