Activities of Guillaume BALAS related to 2016/0397(COD)
Plenary speeches (4)
Coordination of social security systems (A8-0386/2018 - Guillaume Balas) (vote) FR
Coordination of social security systems (debate) FR
Coordination of social security systems (debate) FR
Coordination of social security systems (A8-0386/2018 - Guillaume Balas) (vote) FR
Reports (1)
REPORT 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 PDF (499 KB) DOC (228 KB)
Amendments (17)
Amendment 89 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services34. In addition, to achieve consistency in treatment between employed and self- employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily posted or sent to another Member State should apply consistently to both employed and self- employed persons. __________________ 34OJ L 018 , 21.01.1997 p. 1.
Amendment 196 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 48 a (new)
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 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 48 b (new)
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 200 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 48 c (new)
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
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 48 d (new)
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
Article 1 – paragraph 1 – point 8
Existing regulation – 883/2004
Recital 48 e (new)
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 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a (new)
Article 1 – paragraph 1 – point 12 – point a (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 4
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 undertaking or a personemployer whose registered office or place of business is in another Member State shall be subject to the legislation of the latter Member State if he resides in that State. The undertaking or person paying the remuneration shall be considered as the employer for the purposes of the said legislation. Or. fr (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004R0883R(01))
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Regulation (EC) No 883/2004
Article 11 – paragraph 5
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 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 2014, is located45." However, a member of a flight crew or cabin crew carrying out, over a period of 12 months, most of his or her duties as a crew member in service within the meaning of item 17 of paragraph ORO.FTL.105 of Annex II to Regulation (EU) No 83/2014, in the context of a scheduled flight mission on board an aircraft from a Member State other than that in which his or her home base is located, shall be subject to the legislation of former of the two Member States. __________________ 45 OJ L 28, 31.01.2014, p. 17
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
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.
Amendment 289 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 883/2004
Article 13 – paragraph 1
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 or place of business of the undertaking(s) or employer is situated if he/she is employed by on(s) is/are situated and the undertaking or (s)/employer; or (ii) to the legislation of the Member State in which the registered office or place of business of the undertakings or employers is situated(s) pursue(s) substantial activity if he/she is employed by two or morone 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 th or more than one 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 their registered office or place of business in two Member States, one of which is thin the same Member State of residence; or (ivi) 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 residencin which the employee predominantly pursues his/her activity or activities in situations where (i) is not applicable.
Amendment 377 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 883/2004
Article 62 – paragraph 1
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. " Or. fr (http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=celex:32004R0883R(01))
Amendment 523 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued or qualified as a fraudulent document pursuant Article 5a. Such documents shall only be valid if all sections indicated as compulsory are filled in.
Amendment 541 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Where the document is invalid or withdrawn, the issuing institution shall transfer the contributions already paid to the institution of the Member State whose legislation is applicable.
Amendment 547 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EC) No 987/2009
Article 5 a (new)
Article 5 a (new)
7a. The following article is inserted : « Article 5a Fraudulent documents In a situation in which a court of the host Member State or a court of the home Member State finds that documents issued was obtained or invoked fraudulently, that court may disapply that document. In order to find that there has been fraud, justifying disapplication of the document, it is necessary to establish, first, that the conditions laid down in the provisions under which the document was issued are not satisfied in the present case and, second, that the persons concerned intentionally concealed the fact that those conditions are not met.”
Amendment 577 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
Regulation (EC) No 987/2009
Article 15 – paragraph 1
Article 15 – paragraph 1
8a. In Article 15, paragraph 1 is replaced with the following: ‘1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof, 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. ’ Or. fr (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:284:0001:0042:en:PDF)
Amendment 581 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
Regulation (EC) No 987/2009
Article 15 a (new)
Article 15 a (new)
9a. The following article is inserted: ‘Article 15a Activity covered by Article 15(5) of the basic Regulation For the purposes of the application of Article 11(5) of the basic Regulation, the main duties of a crew member who is an employed person on active duty shall be determined on the basis of a record of the hours worked on flights departing from the Member State concerned and to which he or she returns after completing his or her schedule of flights. A figure which is less than 50% of the total shall indicate that the main duties are not carried out in the State in question.’
Amendment 643 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55 a – paragraph 1
Article 55 a – paragraph 1
In the situation referred to in Article 61(2) of the basic Regulation, the institution of the Member State of most recent insurance shall immediately send a document to the competent institution of the Member State of previous insurance containing: the date on which the person concerned had become unemployed, the period or periods of insurance, employment or self- employment completed under its legislation and under the legislation of other Member States of which it has been informed, the relevant circumstances of the unemployment likely to affect entitlement to benefits, the date of registration as unemployed person and their address.