19 Amendments of Renate WEBER related to 2016/0397(COD)
Amendment 90 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.34 In addition, tTo 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.
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1.;
Amendment 277 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self-employed person..
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 883/2004
Article 13 – paragraph 4a
Article 13 – paragraph 4a
Amendment 457 #
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Regulation (EC) No 883/2004
Article 75a – paragraph 2
Article 75a – paragraph 2
2. In order to ensure the correct determination of the applicable legislation, the competent authorities shall promote the cooperation between institutionthe appropriate institutions such as tax authorities and labour inspectorates in their Member States..
Amendment 518 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. Such documents shall only be valid if all sections indicated as compulsory are filled in.
Amendment 529 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
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 245 working days from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institution shall withdraw or rectify the document immediately and with retroactive effect.
Amendment 534 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) If the issuing institution, having reconsidered the grounds for issuing the document is unable to detect any error it shall forward to the requesting institution all supporting evidence within 2530 working days from the receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated in the request, this shall be done within two10 working days from the receipt of the request, notwithstanding that the issuing institution may not have completed its deliberations pursuant to subparagraph (a) above.
Amendment 550 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that, immediately before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52which his employer is established. OJ L 018 , 21.01.1997 p. 1.
Amendment 664 #
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
Regulation (EC) No 987/2009
Article 75 – paragraph 4 a (new)
Article 75 – paragraph 4 a (new)
4a. The requested party shall inform the applicant party about the outcome of its request within 6 months.
Amendment 666 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
Regulation (EC) No 987/2009
Article 76 – paragraph 3 b (new)
Article 76 – paragraph 3 b (new)
3b. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 668 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 – point b
Article 2 – paragraph 1 – point 31 – point b
Regulation (EC) No 987/2009
Article 77 – paragraph 6 a (new)
Article 77 – paragraph 6 a (new)
6a. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 669 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation (EC) No 987/2009
Article 78 – paragraph 6 a (new)
Article 78 – paragraph 6 a (new)
6a. If the currency of the requested party is different from the currency of applicant party, the applicant authority shall express the amount of the claim to be recovered in both currencies.
Amendment 672 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation (EC) No 987/2009
Article 78 – paragraphs 6 b (new)
Article 78 – paragraphs 6 b (new)
6b. The exchange rate to be used for the purpose of the recovery assistance shall be the last exchange rate published by the European Central Bank before the date the request is sent.
Amendment 674 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation (EC) No 987/2009
Article 78 – paragraph 6 c (new)
Article 78 – paragraph 6 c (new)
6c. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 677 #
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
Regulation (EC) No 987/2009
Article 79 – paragraph 2 a (new)
Article 79 – paragraph 2 a (new)
2a. A single uniform instrument permitting enforcement in the Member State of the requested party may be issued in respect of several claims and several persons corresponding to the initial instrument or instruments permitting enforcement in the Member State of applicant party.
Amendment 678 #
Proposal for a regulation
Article 2 – paragraph 1 – point 34 – point b a (new)
Article 2 – paragraph 1 – point 34 – point b a (new)
Regulation (EC) No 987/2009
Article 80 – paragraph 2 a (new)
Article 80 – paragraph 2 a (new)
(ba) the following paragraph is added: “2a. Regardless of any amounts collected by the requested party by way of interest recovered, a claim shall be deemed recovered in proportion to the recovery of the amount expressed in the national currency of the Member State of the requested party on the basis of the exchange rate mentioned in the request.”
Amendment 680 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 – point d
Article 2 – paragraph 1 – point 35 – point d
Regulation (EC) No 987/2009
Article 81 – paragraph 5 a (new)
Article 81 – paragraph 5 a (new)
5a. In order to convert the amount of the claim resulting from an adjustment into the currency of the Member State of the requested party, the applicant party shall use the exchange rate used in its initial request.