18 Amendments of Sergio GUTIÉRREZ PRIETO related to 2016/0397(COD)
Amendment 66 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The Commission and the Member States must therefore provide transparent, public data, compiled via dedicated, in- depth studies, to enable a rational and effective debate to take place at national and European level on the actual volume and effective economic and social impact of possible cases of fraud or abuse of national social security systems, as well as on how to strengthen coordination arrangements with a view to increasing confidence in the various public employment services when promoting, or systematically monitoring, the integration of mobile unemployed persons into the labour market.
Amendment 68 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 75 #
Proposal for a regulation
Recital 5
Recital 5
(5) It is necessary to guarantee legal certainty by clarifying that access to social security benefitsthe special non-contributory benefits referred to in Article 70 of Regulation (EC) 883/2004 for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States33. For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. __________________ OJ L 158, 30.4.2004, p 77.
Amendment 106 #
Proposal for a regulation
Recital 8
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 threone months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured.
Amendment 109 #
Proposal for a regulation
Recital 9
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 to six monthmonths until the end of the period in which the person in question is still entitled to benefits in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for retraining and reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final. COM(2013) 269 final.
Amendment 131 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect of amending the Annexes to this Regulation and Regulation (EC) No 987/2009. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making36 of 13 April 2016. 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. __________________ 36 OJ L 123, 12.5.2016, p. 1-14Annexes to this Regulation and Regulation (EC) No 987/2009 should be amended periodically.
Amendment 135 #
Proposal for a regulation
Recital 13
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 establish a further permissive legal basis to facilitate the processing of personal data about persons to whom Regulations (EC) No 883/2004 and (EC) No 987/2009 apply, while complying fully, without exception, with the Union acquis on the protection of personal data, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council. This would enable a Member State to periodically compare data held by its competent institutions against that held by another Member State in order to identify errors or inconsistencies that require further investigation.
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
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, in principle, follow the rules applicable to sickness benefits, in line with the case law of the Court of Justice. It is also necessary to provide for specific provisions in case of overlapping of long- term care benefits in kind and in cash.
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
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) 42 shall apply fully and without exception to the processing of personal data pursuant toaffected by this Regulation. __________________ OJ L 119, 4.5.2016, p. 1-88.
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 46
Recital 46
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb
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 considerable assistance from another person or persons to carry out essential daily activities, including to support their personal autonomy; this includes benefits granted to or for the person providing such assistance;
Amendment 231 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 362 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
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 threone months of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 372 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 2
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 threone months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a.”.
Amendment 389 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(a) In paragraph 1(c) the word “three”, point (c) shall be replaced by “six” and the words “of three months up to a maximum of six months” shall be replaced by the words “of six monthsthe following: “(c) entitlement to benefits shall be retained from the date when the person concerned ceased to be available to the employment services of the Member State which he/she left up to the end of the period of that person's entitlement to benefits;”;
Amendment 397 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b
Article 1 – paragraph 1 – point 20 – point b
Regulation (EC) No 883/2004
Article 64 – paragraph 3
Article 64 – paragraph 3
(b) In pParagraph 3, the word “three” shall be replaced by “six” and the words “a maximum of six months” shall be replaced by the words “the following: “3. Unless the legislation of the competent Member State is more favourable, between two periods of employment the maximum total period for which entitlement to benefits shall be retained under paragraph 1 shall be up to the end of the period of entitlement to benefits.”.
Amendment 484 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27 – introductory part
Article 1 – paragraph 1 – point 27 – introductory part
Regulation (EC) No 883/2004
Article 88
Article 88
Amendment 510 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point e a
Article 1 – paragraph 2 – point e a
“(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions or circumvent the rules governing membership of a Member State social security scheme to the detriment of persons or institutions, contrary to the law of a Member State;”.