Activities of Emilian PAVEL related to 2016/0397(COD)
Plenary speeches (1)
Coordination of social security systems (debate) RO
Amendments (21)
Amendment 103 #
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, also including a period of injury or sickness, 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 143 #
Proposal for a regulation
Recital 16
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 262 #
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 employedreplacing another previously sent employed person covered by this paragraph or a self-employed person previously posted or sent within the meaning of this Article. __________________ 46whose maximum period of 24 months has been completed in accordance with paragraph 1 or 2. __________________ 46 OJ L 018, 21.01.1997 p. 1. OJ L 018, 21.01.1997 p. 1.
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
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. whose maximum period of 24 months has been completed in accordance with paragraph 1 or 2.
Amendment 284 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)
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 358 #
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, including a period of injury or sickness, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 368 #
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, including period of injury or sickness, 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 407 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64 a – paragraph 1
Article 64 a – paragraph 1
In the situations referred to in Article 61(2), the Member State to whose legislation the unemployed person was previously subject shall become competent to provide unemployment benefits. They shall be provided at the expense of the competent institution for the period laid down in Article 64(1)(c), if the unemployed person makes himself/herself available to the employment services in the Member State of most recent insurance and adheres to the conditions laid down under the legislation of that Member State., Article 64 (2) to (4) shall apply mutatis mutandis. The Electronic Exchange of Social Security Information (EESSI) system that is now in development and is intended to help the competent authorities and institutions exchange information more rapidly and more securely, could be used for the exchange between the Member State of most recent insurance and the competent Member State, of required information with regards to the unemployed person's labour related activity.
Amendment 519 #
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. Such documents shall only be valid if all sections indicated as compulsory are filled in.
Amendment 554 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
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 is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52 OJ L 018, 21.01.1997 p. 1.
Amendment 563 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a a (new)
Article 2 – paragraph 1 – point 8 – point a a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 2
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 wordsphrase ‘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 ithe is established, taking into account of all criteria characterising the activities carried out by tthe criteria defining the activities carried out by the undertaking in question, such as the turnover achieved in the posting state where such turnover is at least 25 % of the total turnover from the previous 12 months. However, in the case of a newly established undertaking in question, the turnover from the time they commenced the business (or a shorter period, if that would be more representative for their business) would be more appropriate. The relevant criteria must be suiadapted to the specific characteristics of each employer and the real nature of the activities carried out.”
Amendment 573 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 10
Article 14 – paragraph 10
Amendment 663 #
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
Regulation 987/2009/EC
Article 75 – paragraph 4 a (new)
Article 75 – paragraph 4 a (new)
4a. The Member State where the person concerned by the refund of the social security contributions currently resides or stays, shall inform the Member State from which the refund is to be made, about the outcome of the refund within 25 working days.
Amendment 665 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
Regulation 987/2009/EC
Article 76 – paragraph 3 b (new)
Article 76 – paragraph 3 b (new)
3b. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 25 working days from the moment the request was received.
Amendment 667 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 – point b
Article 2 – paragraph 1 – point 31 – point b
Regulation (EC) No 987/2009/EC
Article 77 – paragraph 3 – subparagraph 6 a (new)
Article 77 – paragraph 3 – subparagraph 6 a (new)
6a. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 25 working days from the moment the request was received.
Amendment 670 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation 987/2009/EC
Article 78 – paragraph 6 a (new)
Article 78 – paragraph 6 a (new)
6a. If the currency of the requested party is different from the currency of the applicant party, the applicant authority shall express in both currencies the amount of the claim to be recovered.
Amendment 671 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation (EC) No 987/2009
Article 78 – paragraph 6 b (new)
Article 78 – paragraph 6 b (new)
6b. The exchange rate to be used for the purpose of the recovery assistance shall be the last exchange rate published by the European Central Bank before the request is sent.
Amendment 673 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation (EC) No 987/2009
Article 78 – paragraph 6 c (new)
Article 78 – paragraph 6 c (new)
6c. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 25 working days from the moment the request was received.
Amendment 676 #
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
Regulation (EC) No 987/2009
Article 79 – paragraph 2 a (new)
Article 79 – paragraph 2 a (new)
2a. A single uniform instrument permitting enforcement in the Member State of the requested party may be issued in respect to several claims and several persons corresponding to the initial instrument or instruments permitting enforcement in the Member State of the applicant party.
Amendment 679 #
Proposal for a regulation
Article 2 – paragraph 1 – point 34 – point b a (new)
Article 2 – paragraph 1 – point 34 – point b a (new)
Regulation (EC) No 987/2009
Article 80 – paragraph 2 a (new)
Article 80 – paragraph 2 a (new)
(ba) the following paragraph is added: 2a. Regardless of the amounts collected by the requested party by way of interest shall be deemed recovered in proportion to the amount of the claim expressed in the national currency of the Member State of the requested party on the basis of the exchange rate mentioned in the request.
Amendment 681 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 – point d
Article 2 – paragraph 1 – point 35 – point d
Regulation (EC) No 987/2009
Article 81 – paragraph 5 a (new)
Article 81 – paragraph 5 a (new)
In order to convert the amount of the claim resulting from an adjustment into the currency of the Member State of the requested party, the applicant party shall use the exchange rate used in its initial request.