Progress: Awaiting Parliament's position in 1st reading
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | BISCHOFF Gabriele ( S&D) | LENAERS Jeroen ( PPE), DAUCHY Marie ( PfE), TORSELLI Francesco ( ECR), TOOM Jana ( RE), BOSANAC Gordan ( Verts/ALE), KENNES Rudi ( GUE/NGL) |
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 |