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45 Amendments of Jérôme LAVRILLEUX related to 2016/0397(COD)

Amendment 85 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Ádám KÓSA, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.34 In addition, to achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily posted or sent to another Member State should apply consistently to both employed and self-employed persons. __________________ 34 OJ L 018, 21.01.1997 p. 1.deleted
2018/01/23
Committee: EMPL
Amendment 100 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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 in that Member Stateperiods or periods assimilated to insurance periods in that Member State, with a view to ensuring a fairer distribution of the burden, to avoiding abusive practices and ensuring better representativeness of the income taken into account. 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.
2018/01/23
Committee: EMPL
Amendment 111 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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 mismatches across borders. __________________ 35 COM(2013) 269 final. COM(2013) 269 final.
2018/01/23
Committee: EMPL
Amendment 113 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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.
2018/01/23
Committee: EMPL
Amendment 122 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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.
2018/01/23
Committee: EMPL
Amendment 125 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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.
2018/01/23
Committee: EMPL
Amendment 142 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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.
2018/01/23
Committee: EMPL
Amendment 148 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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.
2018/01/23
Committee: EMPL
Amendment 149 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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.
2018/01/23
Committee: EMPL
Amendment 160 #
Sven SCHULZE, Csaba SÓGOR, Georges BACH, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Recital 5 – addition
2. In Recital 5, after “the different national legislation for the persons concerned” the following wording is inserted: , subject to the conditions as regards the access to certain social security benefits by economically inactive mobile EU citizens in the host Member State set out in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.40 __________________ 40 OJ L 158, 30.4.2004, p. 77deleted
2018/01/23
Committee: EMPL
Amendment 161 #
Sven SCHULZE, Csaba SÓGOR, Georges BACH, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
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 CommunityUnion equality of treatment under theacross different national legislationaw for the persons concerned.
2018/01/23
Committee: EMPL
Amendment 165 #
Sven SCHULZE, Csaba SÓGOR, Georges BACH, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
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 whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. In order to improve legal clarity for citizens and institutions, a codification of this case law is necessary.deleted
2018/01/23
Committee: EMPL
Amendment 168 #
Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Georges BACH, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5b
(5b) Member States should ensure that economically inactive EU mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. This may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage in the Member State in which they habitually reside.deleted
2018/01/23
Committee: EMPL
Amendment 171 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5c
(5c) Notwithstanding the limitations on the right to equal treatment for economically inactive persons, 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) and the right to healthcare (Article 35).deleted
2018/01/23
Committee: EMPL
Amendment 173 #
Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
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.
2018/01/23
Committee: EMPL
Amendment 174 #
Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
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.
2018/01/23
Committee: EMPL
Amendment 175 #
Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
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.
2018/01/23
Committee: EMPL
Amendment 194 #
Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
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 inby the Charter of Fundamental Rights of the European Union, notably 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), 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 (Article 45); and has to be implemented in accordance with those rights and principle and the Convention for the Protection of Human Rights and Fundamental Freedoms.
2018/01/23
Committee: EMPL
Amendment 230 #
Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 1
1. Unless otherwise provided for by this Regulation, persons to whom this Regulation applies shall enjoy the same benefits and be subject to the same obligations under the legislation of any Member State as the nationals thereof.deleted
2018/01/23
Committee: EMPL
Amendment 239 #
Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
2. A Member State may require that the access of an economically inactive person residing in that Member State to its social security benefits be subject to the conditions of having a right to legal residence as set out in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.44. __________________ 44deleted OJ L 158, 30.4.2004, p. 77.
2018/01/23
Committee: EMPL
Amendment 241 #
Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
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.”
2018/01/23
Committee: EMPL
Amendment 260 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Ádám KÓSA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
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 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1.
2018/01/23
Committee: EMPL
Amendment 286 #
Sven SCHULZE, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)
2a. After the end of a posting as referred to in paragraph 1, the employed person concerned shall not be posted by the same undertaking to the same Member State until two months after the end of the previous posting. In exceptional circumstances, an undertaking may apply to the competent authority for a derogation from the first subparagraph.
2018/01/23
Committee: EMPL
Amendment 290 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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; or, (b) if he/she does not pursue a substantial part of his/her activity in this/her Member State of residence: (i) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated if he/she is employed by one undertaking or employer; or (ii) to the legislation of the Member State in which the registered office or place of business ofemploying him/her is situated and in which the undertakings or employers is situated if he/she is employed by two or more undertakings or employers which have their registered office or place of business in only one Member State; or (iii) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated other than the Member State of residence if he/she is employed by two or more undertakings or employers, which have t pursues a substantial part of its activities; (ii) to the legislation of the Member State in which the employee carries out his/heir registered office or place of business in two Member States, one of which is the Member State of residence; or (iv) to the legislation of the Member State of residence if he/she is employed by two or more undertakings or employers, at least two of which have their registered office or place of business in different Member States other than the Member State of residence."predominant activity in situations where (i) is not applicable.
2018/01/23
Committee: EMPL
Amendment 291 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 1 – paragraph 1 – point 13 b (new)
Regulation (EC) No 883/2004
Article 13 – paragraph 3
13b. Article 13(3) is amended as follows: 3. A person who normally pursues an activity as an employed person and an activity as a self-employed person in differentin two or more Member States shall be subject: (a) to the legislation of the Member State in whichof residence if he/she pursues an activity as an employed person substantial part of his/her activity in that Member State, or, (b) if he/she does not pursues a such anbstantial part of his/her activity in two or morehis/her Member States of residence, to the legislation determined in accordance with paragraph 1of the Member State in which he/she pursues his/her predominant activity.
2018/01/23
Committee: EMPL
Amendment 298 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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.”
2018/01/23
Committee: EMPL
Amendment 357 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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 three months ofone or more periods which together correspond to at least three months of insurance or cover equivalent to insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
2018/01/23
Committee: EMPL
Amendment 375 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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, or cover equivalent to insurance, periods of employment or self- employment in that Member State is less than three 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.”.
2018/01/23
Committee: EMPL
Amendment 378 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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. ”
2018/01/23
Committee: EMPL
Amendment 382 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
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.
2018/01/23
Committee: EMPL
Amendment 406 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64 a – paragraph 1
In the situations referred to in Article 61(2), the Member State to whose legislation the unemployed person was previously subject shallwhich has become competent toshall provide unemployment benefits. They shall be provided at the expense of the competent institution forbenefits within the limits of the period laid down in Article 64(1)(c), if the unemployed person makes himself/herself available to the employment services in the Member State of most recent insurance and adheres to the conditions laid down under the legislation of that Member State. The benefits paid by the State which has become competent shall continue to be borne by it. Article 64 (2) to (4) shall apply mutatis mutandis.”
2018/01/23
Committee: EMPL
Amendment 413 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1
1. An unemployed person who, during his or her last activity as an employed or self-employed person, resided in a Member State other than the competent Member State shall make himself or herself available to the former employer or to the employment services in the competent Member State, while retaining the option of registering in parallel with the employment services of his State of residence or with a cross-border placement service and benefiting from all accompanying measures and back-to- work assistance on offer. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State.
2018/01/23
Committee: EMPL
Amendment 415 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1 a (new)
1a. The authorities of the competent Member State and of the Member State of residence shall cooperate closely and clarify to job seekers the competence of the public employment service responsible for their follow-up. They shall also ensure that exchanges between the competent institution and the job seeker are carried out in a language understood by the latter, possibly involving EURES advisers in these services.
2018/01/23
Committee: EMPL
Amendment 422 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 2
2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of unemployment insuranceperiods of insurance, employment or self- employment exclusively under the legislation of the competent Member State shall make himself or herself available to the employment service of the Member State of residence. Such a person shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance under the legislation of that Member State. Those benefits shall be provided by the institution of the Member State of residence. Alternatively, a wholly unemployed person referred to in this paragraph, who would be entitled to an unemployment benefit solely under the national legislation of the competent Member State if he or she resided there, may instead opt to make themselves available to the employment services in that Member State and to receive benefits in accordance with the legislation of that Member State as if he or she were residing there.
2018/01/23
Committee: EMPL
Amendment 423 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 3
3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a), thus enabling frontier workers to be exempted from the four weeks of prior registration in the competent State before being able to export their entitlements to their State of residence. The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits.
2018/01/23
Committee: EMPL
Amendment 429 #
Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 4
4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State or a cross-border placement service.
2018/01/23
Committee: EMPL
Amendment 451 #
Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Article 70 – paragraph 4 a (new)
23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”
2018/01/23
Committee: EMPL
Amendment 464 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Claude ROLIN, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
2018/01/23
Committee: EMPL
Amendment 546 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 987/2009
Article 5 – paragraph 4 a (new)
4a. In Article 5, the following paragraph is added: ‘4a. In the event of intentional fraud as defined in Article 1 of this Regulation, the competent authorities of the State which receives the document may proceed in the same way as if the document had not been issued.’
2018/01/23
Committee: EMPL
Amendment 558 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediately before the start of his employment, the person concerned ihas already been subject to the legislation of the sending Member State for at least three months in accordance with Title II of the basic Regulation. __________________ 52 OJ L 018, 21.01.1997 p. 1. OJ L 018, 21.01.1997 p. 1.
2018/01/23
Committee: EMPL
Amendment 568 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a a (new)
Regulation (EC) No 883/2004
Article 14 – paragraph 2
‘(aa) Paragraph 2 is replaced by the following: 2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities, other than purely internal management activities, in the territory of the Member State in which it is established, taking account of all criteria characterising the activities carried out by the undertaking in question;, such as the requirement that an undertaking should generate more than 25% of its turnover in the Member State from which it posts a worker. The relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out.’
2018/01/23
Committee: EMPL
Amendment 574 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 10
10. For the determination of the applicable legislation under paragraphs 8 and 9, the institutions concerne(ba) Paragraph 10 is replaced with the following: ‘10. The determination of the applicable legislation within the meaning of Article 13 of the basic Regulation shall apply for a maximum period of 24 months. Once that period shall take into account the situation projected for the following 12 calendar months.s elapsed, the applicable legislation must be reassessed in the light of the employee’s situation.’
2018/01/23
Committee: EMPL
Amendment 578 #
Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
8a. In Article 15, paragraph 10 is replaced with the following: ‘1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof, whenever possible in advance. That institution shall without delay make information concerning the legislation applicable to the person concerned, pursuant to Article 11(3)(b) or Article 12 or Article 13 of the basic Regulation, available to the person concerned and to the institution designated by the competent authority of the Member State in which the activity is pursued.’
2018/01/23
Committee: EMPL
Amendment 582 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Claude ROLIN, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and the persons and the employers concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
2018/01/23
Committee: EMPL
Amendment 586 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Dieter-Lebrecht KOCH, Georges BACH, Claude ROLIN, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
2018/01/23
Committee: EMPL
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