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111 Amendments of Thomas MANN related to 2016/0397(COD)

Amendment 62 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
Draft legislative resolution
Citation 5
— having regard to the opinion of the European Economic and Social Committee of 75 July 20171, __________________ 1 OJ C 345, 13.10.2017, p. 85.
2018/01/23
Committee: EMPL
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 128 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN, Sofia RIBEIRO
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.
2018/01/23
Committee: EMPL
Amendment 132 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
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 oforder to 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 Member States 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 2016.36 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. 1–14. OJ L 123, 12.5.2016, p. 1–14.
2018/01/23
Committee: EMPL
Amendment 134 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
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.
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 178 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Recital 24
(24) LIn line 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 need to be coordinated according to specific rules which, in principle,should, in principle, continue to be coordinated following the rules applicable to sickness benefits, in line with the case law of the Co. However, those rules should take into account the specific naturte of Justicelong- 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.
2018/01/23
Committee: EMPL
Amendment 182 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
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 during a periods of child- raising are individual rights which are personal to the parent subject to the legislation of the competent Member State. Given the specific nature of these family benefits, such benefits should be listed in Part I of Annex XIII to this Regulation and should be exclusively reserved to the parent concerned. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of membersor the purpose of calculating the differential supplement, this Regulation should take into account the judgement of the Court of Justice in Case C-347/12, Wiering, while providing for the necessary clarifications and simplifications. Taking into account the particular nature of the various family benefits of the Member States, two types of family benefit should not be of the fsamily should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Part II of Annex XIIIe kind and should be distinguished on the basis of their main purpose, objectives and the basis on which they are granted.
2018/01/23
Committee: EMPL
Amendment 186 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
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.
2018/01/23
Committee: EMPL
Amendment 188 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
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.
2018/01/23
Committee: EMPL
Amendment 192 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN, Sofia RIBEIRO
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. __________________ 43 COM(2015) 216 final. COM(2015) 216 final.
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 207 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
(a) In Point (c) the term “Title III, Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”.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, in accordance with this Regulation.”
2018/01/23
Committee: EMPL
Amendment 211 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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 Ppoint (i)(1)(ii) after the term “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., point (ii) is replaced by the following: "(ii) with regard to benefits in kind pursuant to Title III, Chapter 1 any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;”
2018/01/23
Committee: EMPL
Amendment 216 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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)(i) after the term “, point (i) is replaced by the following: “(i) for the purposes of Title III, Chapter 1, with regard to (sickness, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted., (sickness, maternity and equivalent paternity benefits), benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care. This includes long-term care benefits in kind within the meaning of point (vb) of this point.”
2018/01/23
Committee: EMPL
Amendment 220 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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 or in cash, the purpose of which is to address the care needs of a person who, on account of impairment, require considerables assistance from another person or persons to carry out essential daily activities, including of daily living for an extended period of time in order to support this/heir personal autonomy; this includes benefits granted to or forfor the same purpose to the person providing such assistance;
2018/01/23
Committee: EMPL
Amendment 224 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point a
(a) sickness benefits; (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)9a. In Article 3(1), point (a) is replaced by the following: “(a) sickness and long-term care benefits;” Or. en
2018/01/23
Committee: EMPL
Amendment 227 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba
10. In Article 3(1), the following point is inserted after point (b): ‘(ba) long-term care benefits;’deleted
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 243 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 883/2004
Article 11 – paragraph 2
(a) In pParagraph 2 the term “sickness benefits in cash covering treatment for an unis replaced by the following: “2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalimdited period” is replaced by the term “y, old age or survivors’ pensions or to pensions in respect of accidents at work or occupational diseases or to long-term care benefits in cash”. paid to the person in need of care.”
2018/01/23
Committee: EMPL
Amendment 245 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN, Sofia RIBEIRO
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;”
2018/01/23
Committee: EMPL
Amendment 248 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
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. __________________ 45Where there is no home base, or where there are several home bases, the individual shall be subject to the law applicable in accordance with Article 13. __________________ 45 OJ L 28, 31.01.2014, p. 17. OJ L 28, 31.01.2014, p. 17.
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 302 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Sickness, maternity and equivalent paternity benefits 14a. In Title III, the title of Chapter 1 is replaced by the following: “Sickness, long-term care, maternity and equivalent paternity benefits” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
2018/01/23
Committee: EMPL
Amendment 306 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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.< 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 institution providing the care. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)benefit.” Or. en
2018/01/23
Committee: EMPL
Amendment 308 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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 -— Authorisation to receive appropriate treatment and long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
2018/01/23
Committee: EMPL
Amendment 310 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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- limit which is medically justifiable, taking into account his or her current state of health and the probable course of his illness. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)or her illness or within a time limit which is justifiable, taking into account his or her current state of need of long-term care and the probable course of his or her need of long-term care.” Or. en
2018/01/23
Committee: EMPL
Amendment 311 #
Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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 such benefits if they resided in that Member State. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
2018/01/23
Committee: EMPL
Amendment 313 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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 (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
2018/01/23
Committee: EMPL
Amendment 314 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
2018/01/23
Committee: EMPL
Amendment 316 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 14 l (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
1. A frontier worker who retires4l. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who retires because of old-age or invalidity is entitled in casethe 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 or 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. The term" "continuation of treatment" means the continued investigation, diagnosis and treatment of an illness for its entire duration. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)The term "continuation of long-term care" means the continued granting of long-term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date.” Or. en
2018/01/23
Committee: EMPL
Amendment 321 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN, Sofia RIBEIRO
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 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 and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, maternity and equivalent paternity and long-term care benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
2018/01/23
Committee: EMPL
Amendment 327 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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);
2018/01/23
Committee: EMPL
Amendment 329 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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 laid down in point (vi) 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 XY. 3. With regard to benefits listed in Annex XII, Article 34(1) and (3) shall apply mutatis mutandis.”
2018/01/23
Committee: EMPL
Amendment 332 #
Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EC) No 883/2004
Article 34
16. Article 34 is deleted.
2018/01/23
Committee: EMPL
Amendment 337 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore provided by the Member State competent for cash benefits6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, which is provided under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of theose benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
2018/01/23
Committee: EMPL
Amendment 339 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
(http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)16b. In Article 34, paragraph 2 is deleted. Or. en
2018/01/23
Committee: EMPL
Amendment 341 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 3 c (new)
(http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)16c. In Article 34, the following paragraph is added: “3a. The Member State in which the institution responsible for meeting the cost of benefits in kind is situated shall be responsible for providing long-term care benefits in cash.” Or. en
2018/01/23
Committee: EMPL
Amendment 342 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1 a
17. After Article 35, the following Chapter is inserted: ‘CHAPTER 1a Long-term care benefits Article 35a General provisions 1. Without prejudice to the specific provisions of this Chapter, Articles 17 to 32 shall apply mutatis mutandis to long- term care benefits. 2. 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. 3. By way of derogation from paragraph 1, Member States may grant long-term care benefits in cash in accordance with the other Chapters of Title III, if the benefit and the specific conditions to which the benefit is subject are listed in Annex XII and provided that the outcome of such coordination is at least as favourable for the beneficiaries as if the benefit was coordinated under this Chapter. Article 35b Overlapping of long-term care benefits 1. benefits in cash granted under the legislation of the competent Member State receives, at the same time and under this Chapter, long-term care benefits in kind from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of these benefits in kind under Article 35c, the general provision on prevention of overlapping of benefits laid down in Article 10deleted The Administrative Commission If a recipient of long-term care Two or more Member States, or Article 35 shall be applicable, with the following restriction only: the amount of the benefit in cash shall be reduced by the reimbursable amount for the benefit in kind which is claimable under Article 35c from the institution of the first Member State. 2. their competent authorities, may agree on other or supplementary measures which shall not be less favourable for the persons concerned than the principles laid down in paragraph 1. Article 35c Reimbursement between institutions 1. mutandis to long-term care benefits. 2. State where the competent institution under this Chapter is situated does not provide for long-term care benefits in kind, the institution which is or would be competent in that Member State under Chapter 1 for the reimbursement of sickness benefits in kind granted in another Member State shall be deemed to be the competent one also under Chapter 1a.. ’y mutatis If the legislation of a Member
2018/01/23
Committee: EMPL
Amendment 351 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Ádám KÓSA, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
19. Article 61 is replaced by the following: ‘Article 61 Special rules on aggregation of periods of insurance, employment or self- employment 1. 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 of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. 2. 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 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. ’deleted Except in the cases referred to in Where an unemployed person does
2018/01/23
Committee: EMPL
Amendment 356 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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 beThe competent institution of a Member State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the person concerned having most recently completed a period of at least three monthcompletion of either periods of insurance, employment or self- employment shall, to the extent necessary, take into account periods of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)completed under the legislation of any other Member State as though they were completed under the legislation it applies. However, where, under the applicable legislation, the right to benefits is conditional on the completion of periods of insurance, the periods completed under the legislation of another Member State shall be taken into account only if those periods would qualify for the purposes of establishing entitlement to unemployment benefits in the Member State under whose legislation they were completed. Or. en
2018/01/23
Committee: EMPL
Amendment 367 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
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- employmentExcept in the cases referred to in Article 65(5)(a), the application of paragraph 1 of this Article shall be conditional on the person concerned having the most recently completed, in accordance with the legislation under which the benefits are claimed: – periods of insurance of at least one day, inf 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. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)legislation requires periods of insurance, – periods of employment of at least one day, if that legislation requires periods of employment, or – periods of self-employment of at least one day, if that legislation requires periods of self-employment. Or. en
2018/01/23
Committee: EMPL
Amendment 376 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
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 lastor her activityies as an employed or self-employed person under the said legislation. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)The salary or professional income to be taken into account for the calculation of the benefits shall be determined on the basis of the legislation of the competent Member State. If no such salary or professional income has been received, the benefits shall be calculated on the basis of the relevant legislation of the competent Member State. This paragraph shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary which serves as a basis for the calculation of benefits and where, for all or part of that period, the person concerned was subject to the legislation of another Member State.” Or. en
2018/01/23
Committee: EMPL
Amendment 380 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c and paragraph 3
20. Article 64 is amended as follows: (a) “three” 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 months up to the end of the period of that person's entitlement to benefits”; (b) shall be replaced by “six” and the words “a maximum of six months” shall be replaced bydeleted In paragraph 1(c) the word In paragraph 3, the words “the end of the period of entitlement to benefits”.ree”
2018/01/23
Committee: EMPL
Amendment 381 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
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 sServices of the Member State which he or she left. In exceptional cases, the competent services or institutions may extend this period; (c) entitlement to benefits shall be retained for a period of three months from the date when the unemployed person ceased to be available to the employment services of the Member State which he or she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his or her entitlement to benefits under the legislation of that Member State; the competent sServices or institutions may extend the period of three months up to a maximum of six months; (dca) the benefits shall be provided by the competent institution in accordance with the legislation it applies and at its own expense. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)length of the period granted for the export of the entitlement to benefits to another Member State shall be subject to the discretion of the competent employment services or the competent institution, on a case-by-case basis after an overall assessment of all the information and facts available. Information and facts needed for the assessment of the individual cases include: – reasons to seek work in another Member State (e.g. relocation together with spouse), – strategies for finding work abroad, – opportunities of integration into the labour market of the Members State where the person seeks work, – labour supply needs of the competent Member State; (d) the benefits shall be provided by the competent institution in accordance with the legislation it applies and at its own expense. " Or. en
2018/01/23
Committee: EMPL
Amendment 405 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64a
21. After Article 64, the following Article 64a shall be inserted: ‘Article 64a Special rules for unemployed persons who moved to another Member State without fulfilling the conditions of Article 61(1) and Article 64 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. ’deleted
2018/01/23
Committee: EMPL
Amendment 409 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
[...]deleted
2018/01/23
Committee: EMPL
Amendment 410 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Ádám KÓSA, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
Article 65 Unemployed persons who resided in a Member State other than the competent State 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. 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. 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 insurance 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. 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). 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. 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. 5. Paragraphs 2 to 4 of this Article shall not apply to a person who is partially or intermittently unemployed. State 1. A person who is partially or intermittently unemployed and who, during his/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 employer or to the employment services in the competent Member State. 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. Those benefits shall be provided by the institution of the competent Member State. 2. 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 continues to reside in that Member State or returns to that Member State shall make himself or herself available to the employment services in the Member State of residence. Without prejudice to Article 64, a wholly unemployed person may, as a supplementary step, make himself or herself available to the employment Services of the Member State in which he or she pursued his or her last activity as an employed or self-employed person. An unemployed person, other than a frontier worker, who does not return to his or her Member State of residence, shall make himself or herself available to the employment services in the Member State to whose legislation he or she was last subject. 3. The unemployed person referred to in the first sentence of paragraph 2 shall register as a person seeking work with the competent employment services of the Member State in which he or she resides, shall be subject to the control procedure organised there and shall adhere to the conditions laid down under the legislation of that Member State. If he or she chooses also to register as a person seeking work in the Member State in which he or she pursued his or her last activity as an employed or self-employed person, he or she shall comply with the obligations applicable in that State. 4. The implementation of the second sentence of paragraph 2 and of the second sentence of paragraph 3, as well as the arrangements for exchanges of information, cooperation and mutual assistance between the institutions and services of the Member State of residence and the Member State in which he or she pursued his or her last occupation, shall be laid down in the Implementing Regulation. 5. The unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had been subject to that legislation during his or her last activity as an employed or self-employed person. Those benefits shall be provided by the institution of the place of residence. 5a. However, a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the Member State to whose legislation he or she was last subject shall first receive, on his or her return to the Member State of residence, benefits in accordance with Article 64, receipt of the benefits in accordance with paragraph 5a being suspended for the period during which he or she receives benefits under the legislation to which he or she was last subject. 5b. The benefits provided by the institution of the place of residence under paragraph 5a and 5b shall continue to be at its own expense. The competent institution of the Member State to whose legislation he/she was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first four months (reimbursement period). Reimbursement for that period shall be claimed only on condition that the person concerned has, during the 12 months preceding the reimbursement period, completed periods of at least three months in the Member State to whose legislation he or she was previously subject and where such periods would qualify for the purposes of establishing entitlement to unemployment benefits in that Member State. The amount of the reimbursement during that period shall not be higher than the amount payable, according to the following rules: (a) number of calendar days subject to the reimbursement period; multiplied by: (b) the average amount per calendar day of the unemployment benefits of the competent Member State of the previous calendar year. 5c. A second request for reimbursement by the same unemployed person shall be admissible no earlier than one year after expiry of the previous reimbursement period. 5d. From the end of the 18-month period referred to in Article 67(5) of the Implementing Regulation, interest may be charged by the creditor institution on outstanding claims. The interest shall be calculated in accordance with Article 68(2) of the Implementing Regulation with a supplement of 8 % above the base rate. 5e. During the reimbursement procedure requests or reactions to requests or notifications have to be answered within a period of six months. Should the deadline be exceeded, the reimbursement request is considered to be accepted. 5f. The arrangements for reimbursement are laid down in the Implementing Regulation. 5f. For the purposes of paragraphs 5b to 5e, two or more Member States, or their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction.” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:c10521)
2018/01/23
Committee: EMPL
Amendment 439 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
22a. The following article is inserted: “Article 67a Derogation for family members residing in a Member State other than the competent Member State 1. By way of derogation from Article 67, family benefits due from the competent Member State for family members residing in another Member State shall be adjusted in accordance with the adjustment mechanism provided for in in Article 67b, taking into account the up- and downgrading factors referred to in Article 67c. 2. Member States that apply this derogation shall be listed in Annex XIIIb by means of the procedure provided for in Article 67b.”
2018/01/23
Committee: EMPL
Amendment 440 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Regulation (EC) No 883/2004
Article 67 b (new)
22b. The following article is inserted: “Article 67b Delegated acts for the creation of an adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a in order to supplement this Regulation by establishing a consistent and functional adjustment mechanism for exported family benefits and to amending the list of Member States and competent regional authorities set out in Annex XIIIb which apply the adjustment mechanism.”
2018/01/23
Committee: EMPL
Amendment 442 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 22 c (new)
Regulation (EC) No 883/2004
Article 67 c (new)
22c. The following article is inserted: “Article 67c Implementing acts establishing up- and downgrading factors for the adjustment mechanism The Commission shall adopt implementing acts in order to establish up- and downgrading factors for the adjustment mechanism provided for in Article 67b for each Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88b.”
2018/01/23
Committee: EMPL
Amendment 445 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Ádám KÓSA, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 22 d (new)
Regulation (EC) No 883/2004
Article 68 – paragraph 2 a (new)
22d. In Article 68, the following paragraph is inserted: "2a. For the purposes of calculating the differential supplement for family benefits as referred to in paragraph 2, there shall be two categories of benefits of the same kind: (a) family benefits in cash primarily intended to replace part or the whole of income that claimant has not earned or cannot earn due to child-raising; and (b) all other family benefits.”
2018/01/23
Committee: EMPL
Amendment 448 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace income during periods of child-raising andreferred to in point (a) of Article 68(2a) which are listed in Part 1I of Annex XIII shall be awarded solely to the person subject tounder the legislation of the competent Member State and tsolely to the person subject to that legislation. There shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
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 481 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 26
Regulation (EC) No 883/2004
Article 87 b – paragraph 4
4. Articles 61, 642 and 65 of this Regulation in force before [the entry into application of the Regulation (EU) xxxx] shall continue to apply to unemployment benefits granted to persons whose unemployment started before that date..
2018/01/23
Committee: EMPL
Amendment 493 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 2
2. The delegation of power referred to in Articles 67b and 88 shall be conferred on the European Commission for an indeterminate period of time from the [the date of entry into force of the Regulation (EU) xxxx].
2018/01/23
Committee: EMPL
Amendment 497 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 3
3. The delegation of the power referred to in Articles 67b and 88 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force
2018/01/23
Committee: EMPL
Amendment 504 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 6
6. A delegated act adopted pursuant to Articles 67b and 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiring of that period, the European Parliament and the Council have both informed the European Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
2018/01/23
Committee: EMPL
Amendment 506 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
Regulation (EC) No 883/2004
Article 88 b
27a. The following article is inserted: "Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."
2018/01/23
Committee: EMPL
Amendment 507 #
Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Regulation (EC) No 883/2004
Annexes XII and XIII
29. Annexes XII, XIII, XIIIa and XIIIb are inserted in accordance with the Annex to this Regulation.
2018/01/23
Committee: EMPL
Amendment 512 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – point 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, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.
2018/01/23
Committee: EMPL
Amendment 514 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point e b (new)
(eb) ‘error’ means unintentional wrong conduct or unintentional omission on the part of an institution or of a person falling within the scope of the basic Regulation and the implementing Regulation;
2018/01/23
Committee: EMPL
Amendment 515 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 2 – paragraph 5
5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to providetransmit personal data about that person. within the meaning of Regulation (EU) 2016/679. The request and any response shall concern information which enables the competent Member State to identify any inaccuracyconsistencies in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be madetransmitted where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case, but the information shall be required in accordance with the legislation applicable to the competent institution. The request for information and any response must be necessary and proportionate.
2018/01/23
Committee: EMPL
Amendment 526 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 25 working day shall inform the competent institutions of the Member States concerned of the result within three months from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institutionrmination that the applicable law was incorrectly certified, the certificate shall be withdrawn or rectify the document immediately and with retroactive effectied, whereby the legislation applicable in the issuing Member State shall be complied with. This shall also be applied to previous periods.
2018/01/23
Committee: EMPL
Amendment 556 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
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 immediatelyn the last month 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.
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
Amendment 587 #
Agnieszka KOZŁOWSKA, Danuta JAZŁOWIECKA, Krzysztof HETMAN, Sven SCHULZE, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Regulation (EC) No 987/2009
Article 19 – paragraph 2
10a. In Article 19, paragraph 2 is replaced by the following: "2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. As of 1 July 2019, at the latest, such an attestation shall be made solely in the form of the Structured Electronic Document referred to in point (d) of Article 1(2) of the implementing Regulation and using the Electronic Exchange of Social Security Information — EESSI referred to in the third subparagraph of Article 95(1) of the implementing Regulation. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1515592051048&uri=CELEX:02009R0987-20170411)
2018/01/23
Committee: EMPL
Amendment 597 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Claude ROLIN, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
Article 20 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 611 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Regulation (EC) No 987/2009
Article 24 – paragraph 3
15. In Article 24(3), the term "and 26" is replaced by ", 26 and 35a".deleted
2018/01/23
Committee: EMPL
Amendment 616 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
15a. In Article 25, paragraph 1 is replaced by the following: "1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 619 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
15b. In Article 25, paragraph 3 is replaced by the following: "3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 621 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 15 c (new)
Regulation (EC) No 987/2009
Article 26
15c. Article 26 is replaced by the following: "Article 26 Scheduled treatment A. Authorisation procedure 1. For the purposes of the application of Article 20(1) of the basic Regulation, the insured person shall present a document issued by the competent institution to the institution of the place of stay. For the purposes of this Article, the competent institution shall mean the institution which bears the cost of the scheduled treatment or long-term care; in the cases referred to in Article 20(4) and 27(5) of the basic Regulation, in which the benefits in kind provided in the Member State of residence are reimbursed on the basis of fixed amounts, the competent institution shall mean the institution of the place of residence. 2. If an insured person does not reside in the competent Member State, he shall request authorisation from the institution of the place of residence, which shall forward it to the competent institution without delay. In that event, the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of Article 20(2) of the basic Regulation are met in the Member State of residence. The competent institution may refuse to grant the requested authorisation only if, in accordance with the assessment of the institution of the place of residence, the conditions set out in the second sentence of Article 20(2) of the basic Regulation are not met in the Member State of residence of the insured person, or if the same treatment or long-term care can be provided in the competent Member State itself, within a time-limit which is medically justifiable, taking into account the current state of healthneed of long-term care and the probable course of illnessneed of long- term care of the person concerned. The competent institution shall inform the institution of the place of residence of its decision. In the absence of a reply within the deadlines set by its national legislation, the authorisation shall be considered to have been granted by the competent institution. 3. If an insured person who does not reside in the competent Member State is in need of urgent vitally necessary treatment, and the authorisation cannot be refused in accordance with the second sentence of Article 20(2) of the basic Regulation, the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution, which shall be immediately informed by the institution of the place of residence. The competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation, concerning the need for urgent vitally necessary treatment. 4. At any time during the procedure granting the authorisation, the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or, in the case of the need for long-term care, by a doctor or another expert of its own choice in the Member State of stay or residence. 5. The institution of the place of stay shall, without prejudice to any decision regarding authorisation, inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured persor appropriate taking into account the current state of need for long-term care to supplement the treatment or long-term care covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured person 6. Without prejudice to paragraph 7, Article 25(4) and (5) of the implementing Regulation shall apply mutatis mutandis. 7. If the insured person has actually borne all or part of the costs for the authorised medical treatment or long-term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 (actual cost) are lower than the costs which it would have had to assume for the same treatment or long-term care in the competent Member State (notional cost), the competent institution shall reimburse, upon request, the cost of treatment or long-term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost. The reimbursed sum may not, however, exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long-term care had been delivered in the competent Member State. C. Meeting the costs of travel and stay as part of scheduled treatment or long-term care 8. Where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long-term care of the insured person, such costs for the person concerned and, if necessary, for a person who must accompany him/her, shall be assumed by this institution when an authorisation is granted in the case of treatment or long- term care in another Member State. D. Family members 9. Paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 623 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Regulation (EC) No 987/2009
Article 28 – paragraph 1
16. In Article 28(1), after the term "pursuant to Article 21(1) of the basic Regulation", the following term is added "in accordance with Article 35a thereof".deleted
2018/01/23
Committee: EMPL
Amendment 626 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Regulation (EC) No 987/2009
Article 31 – title and paragraphs 1 and 2
17. Article 31 is amended as follows: (c) following title: ‘Application of Article 35b of the basic Regulation; ’ (d) 34" is replaced by "Article 35b"; (e)deleted The title is replaced by the In paragraph (2)1, the term "Article 34(2)" is replaced by "Article 35a (2)".
2018/01/23
Committee: EMPL
Amendment 632 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 636 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Regulation (EC) No 987/2009
Article 55 – paragraph 4 – subparagraph 3
20. In the third subparagraph of Article 55(4), the words “At the request of the competent institution,” are deleted.
2018/01/23
Committee: EMPL
Amendment 637 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Regulation (EC) No 987/2009
Article 55 – paragraph 7
21. In paragraph 7 of Article 55, the term “Article 65a(3)” is replaced by “Article 64a and Article 65a(3)”deleted
2018/01/23
Committee: EMPL
Amendment 640 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55a
22. The following Article 55a is inserted after Article 55: ‘Article 55a Obligation of employment service of the Member State of most recent insurance 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 of insurance, employment or self- employment completed under its legislation, the relevant circumstances of the unemployment likely to affect entitlement to benefits, the date of registration as unemployed person and their address.. ’deleted
2018/01/23
Committee: EMPL
Amendment 644 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Regulation (EC) No 987/2009
Article 56 – paragraphs 1 and 3
23. Article 56 is amended as follows: (a) In paragraph 1, the term " Article 65(2)” is replaced by "Article 65(4)"; (b) Paragraph 3 is deleted.
2018/01/23
Committee: EMPL
Amendment 646 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Regulation (EC) No 987/2009
Title VI – Chapter I – title
24. Chapter 1 of Title IV is renamed as follows: ‘CHAPTER I Reimbursement of the cost of benefits in application of Article 35, 35c and Article 41 of the basic Regulation’deleted
2018/01/23
Committee: EMPL
Amendment 648 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN, Sofia RIBEIRO
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Regulation (EC) No 987/2009
Article 65 – paragraph 1
1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question, with sickness and long- term care benefits in kind indicated separately.
2018/01/23
Committee: EMPL
Amendment 649 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Regulation (EC) No 987/2009
Article 66 – paragraph 2
26a. In Article 66, paragraph 2 is replaced by the following: "2. The reimbursements between the institutions of the Member States, provided for in Articles 35 and 41 of the basic Regulation, shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and Article 41 of the basic Regulation. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- Mutual claims shall be off-set between the liaison bodies. The Administrative Commission shall establish detailed arrangements for such off-setting. " Or. en 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 650 #
Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Michaela ŠOJDROVÁ, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 26 b (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 1
26b. In Article 67, paragraph 1 is replaced by the following: "1. Claims based on actual expenditure shall be introduced to the liaison body of the debtor Member State within 12 months of the end of the calendar half-year during which those claims were recorded in the accounts of the creditor institution. Claims shall be met, where possible, within one month, and in any event within six months, of the claim. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 651 #
Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Michaela ŠOJDROVÁ, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 26 c (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 3
3. In the case referred to in Article 6(5) second subparagraph of the implementing Regulation, the deadline set out in paragraphs 1 and 2 of this Article shall not start before the competent institution has been identified. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987-26c. In Article 67, paragraph 3 is replaced by the following: "3. The period referred to in paragraphs 1 and 2 shall not commence until the date on which the creditor institution becomes aware of the claim of the debtor institution. Claims may be introduced for benefit periods of no more than the previous five calendar years. The introduction of claims to the liaison body of the debtor Member State shall be decisive.” Or. en 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 652 #
Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Michaela ŠOJDROVÁ, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 26 e (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 5
26e. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. The liaison body of the creditor Member State shall reply to such a rejection within 12 months of the end of the month during which the rejection was received. In the absence of such a reply, the rejection shall be deemed to be accepted. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 654 #
Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Michaela ŠOJDROVÁ, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 26 f (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 7
26f. In Article 67, paragraph 7 is replaced by the following: "7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within sixnine months following the month in which the matter was referred to it. The Audit Board shall receive the request no later than nine months after expiry of the period set out in paragraph 6. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 656 #
Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 26 g (new)
Regulation (EC) No 987/2009
Article 68 – paragraph 2
26g. In Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus eight percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0987)
2018/01/23
Committee: EMPL
Amendment 657 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Regulation (EC) No 987/2009
Article 70
27. Article 70 is deleted.
2018/01/23
Committee: EMPL
Amendment 658 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
Regulation (EC) No 987/2009
Article 70 – paragraph 1
27a. in Article 70, the first paragraph is replaced by the following: “If there is no agreement in accordance with Article 65(811) of the basic Regulation, the institution of the place of residence shall request reimbursement of unemployment benefits pursuant to Article 65(6) andto (79) of the basic Regulation from the institution of the Member State to whose legislation the beneficiary was last subject. The request shall be made within six months of the end of the calendar half- year during which the last payment of unemployment benefit, for which reimbursement is requested, was made. The request shall indicate the amount of benefit paid during the three or fivefour month-period referred to in Article 65(6) and (76) of the basic Regulation, the period for which the benefits were paid and the identification data of the unemployed person. The claims shall be introduced and paid via the liaison bodies of the Member States concerned. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987-” Or. en 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 659 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 27 b (new)
Regulation (EC) No 987/2009
Article 70 – paragraph 3
Articles 66(1) and 67(5) to (7) of the implementing Regulation shall apply mutatis mutandis. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987-27b. in Article 70, the third paragraph is replaced by the following: “Article 66(1) and Article 67(5), (6) and (7) of the implementing Regulation shall apply mutatis mutandis.” Or. en 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 660 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 1 – subparagraph 1
In case of a retroactive change of the applicable legislation including situations referred to in Article 6(4) and (5) of the implementing Regulation, at the latest threesix months after the applicable legislation has been determined or the institution responsible for paying the benefits has been identified, the institution which unduly paid cash benefits shall draw up a statement of the amount paid and shall send it to the institution identified as being competent for the purpose of their reimbursement.
2018/01/23
Committee: EMPL
Amendment 661 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 3 – subparagraph 3
If the amount of unduly paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which unduly received contributions shall reimburse the amount in excess to the legal and/or natural person concerned. in accordance with national law.
2018/01/23
Committee: EMPL
Amendment 662 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 4
4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
2018/01/23
Committee: EMPL
Amendment 685 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 39 a (new)
Regulation (EC) No 987/2009
Article 86
39a. Article 86 is replaced by the following: "Article 86 Review clause 1. No later than the fourth full calendarwo years after the entry into force of the implementing Regulationexpiry of the transitional period referred to in Article 95, the Administrative Commission shall present a comparative report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation. On the basis of this report, the European Commission may, as appropriate, submit proposals to review these time limits with the aim of reducing them in a significant way. 2. No later than the date referred to in paragraph 1, the Administrative Commission shall also assess the rules for conversion of periods set out in Article 13 with a view to simplifying those rules, if possible. 3. Administrative Commission shall present a report specifically assessing the application of Chapters I and III of Title IV ofThe report shall include a review of when settlement on the basis of fixed amounts, as referred to in Section 2 of Chapter I of Title IV, can be deleted. On the basis of this report, the Commission may, as appropriate, submit proposals to shorten those timplementing Regulation, in particular with regard to the procedures and time limits referred to in Article 67(2), (5) and (6) of the implementing Regulation and to the recovery procedures referred to in Articles 75 to 85 of the implementing Regulation. In the light of this report, the European Commission may, if necessary, submit appropriate proposals to make these procedures more efficient and balanced. e limits as well as a proposal to delete Section 2 of Chapter I of Title IV. " No later than 1 May 2015, the Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
2018/01/23
Committee: EMPL
Amendment 687 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 40 – point b
Regulation (EC) No 987/2009
Article 87 – paragraph 6
However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence..
2018/01/23
Committee: EMPL
Amendment 688 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
Proposal for a regulation
Article 2 – paragraph 1 – point 44
Regulation (EC) No 987/2009
Article 94 a – paragraph 1
Until the entry into force of Regulation (EU) XXX, Articles 56 and 70 of the version of the implementing Regulation in force before [the date of entry into force of the Regulation (EU) xxxx] shall continue to apply to unemployment benefits granted to persons who became unemployed before that date..
2018/01/23
Committee: EMPL
Amendment 696 #
Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN
Proposal for a regulation
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
7a. The following annex is added: “Annex XIIIa Long-term care benefits in cash provided in derogation from Article 33a(a) of Chapter I (Article 33a(2))”
2018/01/23
Committee: EMPL
Amendment 697 #
Sven SCHULZE, Bendt BENDTSEN, Herbert DORFMANN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN
Proposal for a regulation
Annex I – point 7 b (new)
Regulation (EC) No 883/2004
Annex XIII b (new)
7b. The following annex is added: “Annex XIIIb (Article 67c) Adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State Member States and competent regional authorities adapting family benefits in accordance with the adjustment mechanism referred to in Article 67b:”
2018/01/23
Committee: EMPL
Amendment 700 #
Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN
Proposal for a regulation
Annex I – point 7 c (new)
Regulation (EC) No 987/2009
Annex 5
7c. In Regulation (EC) No 987/2009, Annex 5 is deleted.
2018/01/23
Committee: EMPL
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