BETA

Activities of Jean LAMBERT related to 2016/0397(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2016/0397(COD)

Amendments (67)

Proposal for a regulation
Recital 5

(5) It is necessary to guarantee legal certainty by clarifying that access to social security benefits for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with 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.33 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. __________________ 33 OJ L 158, 30.4.2004, p. 77.deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 6

(6) Long-term care benefits have so far not been included explicitly within the material scope of Regulation (EC) No 883/2004 but coordinated as sickness benefits, leading to legal uncertainty both for institutions and persons claiming long-term care benefits. There is a need to develop a stable legal framework appropriate to long-term care benefits within the Regulation to include a clear de. There is a need to include a clear definition of such benefits concerning long-term care and to update the rules to take into account their specifinciti~~on of such benefit~~es.

2018/01/23
Committee: EMPL

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 Regulations (EC) No 883/2004 and (EC) No 987/2009 should therefore refer to workers “sent abroad” rather than “posted”. 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. OJ L 018, 21.01.1997 p. 1.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 10 a (new)

(10a) It is also important to strengthen cooperation between the competent authorities and to clarify the regulatory Framework applicable in order to ensure that Member States - of last activity, of previous activity and/or of residence - do not declare themselves not competent to pay benefits, to the detriment of insured persons.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 11

(11) Family benefits in~~tended to replace income during~~ cash which are primarily intended to replace income not earned, whether in part of in full, or income that the person cannot earn, due to child-raising ~~periods~~ are designed to meet the individual and personal needs of the parent subject to the legislation of the competent Member State and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 15

(15) With a view to expediting the procedure for the verification and withdrawal of documents (in particular concerning the social security legislation which applies to the holder) in case of fraud and error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. As an incentive for better and faster cooperation between the institutions, documents should be automatically withdrawn where the issuing institution does not reply to the institution requesting withdrawal within 15 days of receipt of the request. Where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between Member States concerning the determination of the applicable legislation, it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 16

(16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are ~~posted or~~ sent to pursue economic activity in a single Member State. Moreover, the ~~posting~~ rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin.

2018/01/23
Committee: EMPL

Proposal for a regulation
Recital 17

(17) Implementing powers should be conferred on the European Commission in order to ensure uniform conditions for the implementation of Articles 12 and 13 of Regulation (EC) No 883/2004. Those powers should ben order to supplement this regulation by establishing a standard procedure for the determination of situations in which the documents shall be issued and the withdrawal of the document when its accuracy and validity is contested by the competent institution of the Member State of employment, 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 Commission in respect of the implementation of Articles 12 and 13 of Regulation (EC) No 883/2004. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at exper~~cised in accordance with Article 5 of Regulation (EU) No 182/2011 of~~t level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and of the Council ~~of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member State~~receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of ~~the~~ Commission’s exper~~cise of implementing powers.37 __________________ 37~~t groups dealing with the preparation of delegated acts. OJ L 55, 28.2.2011, p. 13.

2018/01/23
Committee: EMPL

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

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 Community equality of treatment under the different national legislation for the persons concerned and to support citizens in the exercise of their Treaty rights to free movement, not least by ensuring clarity in terms of the Member State responsible for ensuring their access to, and coverage by, the relevant social security system.

2018/01/23
Committee: EMPL

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

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

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 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 Court of Justice~~. However, these rules should take into account the specific nature of long 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

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) 883/2004
Recital 35a

(35a) Family benefits in cash which are primarily intended to replace income ~~during a periods of~~not earned, whether in part or in full, or income that the person cannot earn, due to child- raising ~~are~~, can be distinguished from other family benefits intended to meet family expenses. As such benefits could be considered as 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~~ it should be possible to exclusively reserve them to the parent concerned. Such individual 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 members of the family 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 bprovided the benefits are listed in Part II of Annex XIII.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) 883/2004
Recital 47

(47) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2), the respect for private and family life (Article 7), 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), equality between men and women (Article 23), 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 by the Member States in accordance with those rights and principles.

2018/01/23
Committee: EMPL

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”.~~deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a (new)

Regulation (EC) No 883/2004
Article 1 – point c

(aa) Point (c) 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, taking into account the provisions of this Regulation; .”

2018/01/23
Committee: EMPL

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 Point (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

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 (sickness, maternity and equivalent paternity benefits),~~” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentenc~~ 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 shall also include long-term care 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 long- term care ias ~~deleted.~~ referred to in definition under point (vb).

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d

(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~~ or in cash the purpose of which is to address the care needs of a person who, on account of impairment due to old- age, disability, illness, or ~~impairment~~other reason, requires considerable assistance from another person or persons to carry out their essential ~~daily activities, including~~activities of daily living for an extended period of time in order to support their personal autonomy; this includes benefits granted ~~to or for the person~~for the same purpose to the person or persons providing such assistance;.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)

Regulation (EC) 883/2004
Article 3 – paragraph 1 – point a

~~(a) sickness benefits; (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0883&from=~~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

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) 883/2004
Article 3 – paragraph 1 – point ba

~~10. In Article 3(1), the following point is inserted after point (b): (ba)~~deleted long-term care benefits;

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) 83/2004
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

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a

Regulation (EC) No 883/2004
Article 11 – paragraph 2

(a) In paragraph 2 the term “sickness benefits in cash covering treatment for an unlimited period” is replaced by the term “long-term care benefits in cash paid to the person in need of care”.

2018/01/23
Committee: EMPL

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~~Such sending of an employed person by an employer includes also posting of workers within the meaning of Directive 96/71/EC.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)

2a. An economically inactive person, whose sickness coverage is the responsibility of a Member State other than the Member State of residence, shall not be prevented from joining the sickness insurance system of the Member State of residence in order to be covered by that system.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EC) No 883/2004
Article 13 – paragraph 4a

14. In Article 13, the following paragraph 4a is inserted after paragraph 4: ‘4a. A person who is receiving unemployment benefits in cash from one Member State and who is simultaneously pursuing an activity as an employed or self-employed person in another Member State shall be subject to the legislation of the Member State paying the unemployment benefits.’deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)

Regulation (EC) No 883/2004
Article 19

14a. 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/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.~~ benefit.” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883- 20140101&from=EN)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)

Regulation (EC) 883/2004
Article 20 – paragraph 2

14b. In Article 20, paragraph2 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/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/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/she cannot be given such treatment within a time limit which is medically justifiable, taking into account his/her current state of health and the probable course of his/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 (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883- 20140101&from=EN)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)

Regulation (EC) No 883/2004
Article 25

14c. 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. ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883-~~” Or. en 20140101&from=EN)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)

Regulation (EC) 883/2004
Article 27 – paragraph 3

14d. 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/her 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/HTML/?uri=CELEX:02004R0883-~~” Or. en 20140101&from=EN)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14 e (new)

Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1

14e. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who has retired because of old-age or invalidity is entitled in the 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/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. ‘Continuation of treatment’ means the continued investigation, diagnosis and treatment of an illness for its entire duration. ; '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 already before retirement and which continues beyond that date.” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883- 20140101&from=EN)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 14 f (new)

Regulation (EC) No 883/2004
Article 30

14f. 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. ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883-~~” Or. en 20140101&from=EN)

2018/01/23
Committee: EMPL

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

Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)

Regulation (EC) No 883/2004
Article 33 a (new)

15a. Article 33a is inserted: Article 33a Long-term care benefits “1. The Administrative Commission shall, after consulting the social partners, representative associations of beneficiaries and the professional bodies concerned, draw up a detailed list of long- term care benefits which meet the criteria contained in point (vb) 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 XII.”

2018/01/23
Committee: EMPL

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

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 benefits~~6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, 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 these 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.”

2018/01/23
Committee: EMPL

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

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. 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 By way of derogation from 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

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

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 883/2004
Article 64 a

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

Proposal for a regulation
Article 1 – paragraph 1 – point 23

Regulation (EC) 883/2004
Article 68b – paragraph 1

1. Family benefits in cash which are intended to replace income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation ~~shall not~~ applyies to ~~such~~those benefits ~~nor shall the competent inst~~in situation ~~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~~s where the individual beneficiary of family benefits, that serve as income replacement during periods orf child~~ren pursuant to Article 60(1) of the Implementing Regul~~-raising, does not fulfil his or her maintenance obligations.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)

Regulation (EC) 883/2004
Article 71

23a. Article 71 is amended as follows: “Article 71 Composition and working methods of the Administrative Commission 1. The Administrative Commission for the Coordination of Social Security Systems (hereinafter called the Administrative Commission) attached to the European Commission shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. ~~A representative of the European Commission~~In addition the Administrative Commission shall comprise one representative of employers' organisations, one representative of trade unions and one representative of civil society. A representative of each of the European Commission, the European Economic and Social Committee and the Committee of the Regions shall attend the meetings of the Administrative Commission in an advisory capacity. 2. The Administrative Commission shall act by a qualified majority as defined by the Treaties, except when adopting its rules which shall be drawn up by mutual agreement among its members. Decisions on questions of interpretation referred to in Article 72(a) shall be given the necessary publicity. 3. Secretarial services for the Administrative Commission shall be provided by the European Commission. ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883-~~3a. The Commission shall adopt a decision specifying the procedure to be followed for the appointment of representatives of employers’ organisations, trade unions and civil society for the purposes of paragraph 1. The decision shall be adopted after having consulted the Parliament, the European Economic and the Social Committee, the Committee of the Regions and the Administrative Commission. " Or. en 20140101&from=EN)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)

Regulation (EC) 883/2004
Article 76 – paragraph 6 – subparagraph 1 a (new)

24a. In Article 76(6), the following subparagraph is added: “The person concerned shall also have the right to call on the Administrative Commission to intervene and provide conciliation.” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02004R0883- 20140101&from=EN)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 2

~~– the determination of situations in which the document shall be issu~~deleted,

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 25

Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 4

~~– the withdrawal of the document when its accuracy and validity is contested by the competent institution of the Member State of employment.~~deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article -88 (new)

“Article -88 Issuing and withdrawing portable documents certifying the social security legislation applicable The Commission shall, by [...], adopt delegated acts in accordance with Article 88a, supplementing this Regulation by establishing a standard procedure concerning: (a) the determination of situations in which portable documents certifying the social security legislation which applies to the holder , as referred to in the first indent of Article 76a, shall be issued; and (b) the withdrawal of such document when their accuracy or validity is contested by the competent institution of the Member State of employment.”

2018/01/23
Committee: EMPL

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~~power to adopt delegated acts referred to in Articles -88 and 88 shall be conferred on the ~~European~~ Commission for a~~n indeterminate period of time~~ period of five years from ~~the~~... [the date of entry into force of ~~the~~ Regulation (EU) xxxx] - COD 2016/397]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2018/01/23
Committee: EMPL

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 -88 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

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 883/2004
Article 88 a – paragraph 4

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ~~of 13 April 2016~~.

2018/01/23
Committee: EMPL

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 -88 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

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)

Regulation (EC) No 987/2009
Article 5 – paragraph 4

7a. In Article 5, paragraph 4 is replaced by the following: "4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within ~~six~~three months of the date on which the matter was brought before it. ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R0987-~~The competent authorities shall inform the person(s) concerned about the lack of an agreement and about whether the case has been brought before the Administrative Commission. Upon receipt of that information, and in the event that no solution was found through SOLVIT, only the person(s) concerned may call on the Administrative Commission." Or. en 20170411&rid=1)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a

Regulation (EC) No 987/2009
Article 14 – paragraph 1

1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being ~~posted or~~ sent to another Member State, provided that ~~immediately~~, at least two months before the start of ~~his~~the 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~~ Where the person concerned has been subject to the legislation of the sending Member State for less than two months before the start of the employment, the competent authorities shall conduct a case-by-case evaluation, taking account of all the other factors involved.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a a (new)

Regulation (EC) No 987/2009
Article 14 – paragraph 2

(aa) paragraph 2 is replaced by the following: "2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities. In order to determine whether an undertaking genuinely performs substantial activities, other than purely internal management and/or administrative, activities, in the ~~territory of the Member State in which it is established~~competent authorities shall make an overall assessment of all factual elements characterising those activities, taking account of a~~ll criteria~~ wider timeframe, char~~acteris~~ried out by an undertaking ing the ~~activities carried out by the undertaking in question. T~~Member State of establishment. Such elements may include in particular: " (a) the place where the undertaking has its registered office and administration, uses office space, pays taxes and social security contributions and, whe re~~levant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out.~~ applicable, in accordance with national law has a professional licence or is registered with the chambers of commerce or professional bodies; (b) the place where workers are recruited and from which they are sent; (c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other; (d) the place where the undertaking performs its substantial business activity and where it employs administrative staff; (e) the number of contracts performed and/or the size of the turnover realised in the Member State of establishment, taking into account the specific situation of, inter alia, newly established undertakings and SMEs.” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R0987- 20170411&rid=1)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)

Regulation (EC) No 987/2009
Article 15 – paragraph 1

8a. in Article 15, paragraph 1 is replaced by the following: "1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof, whenever possible in advance. That institution shall ~~issue the attestation referred to in Article 19(2) of the implementing Regulation to the person concerned and shall~~ without delay make information concerning the legislation applicable to thate person concerned, pursuant to Article 11(3)(b) or Article 12 of the basic Regulation, available to the person concerned and to the institution designated by the competent authority of the Member State in which the activity is pursued. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R0987- 20170411&rid=1)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)

Regulation (EC) No 987/2009
Article 15 a (new)

9a. The following article is inserted: “Article 15a Delivery of the attestation 1. In order to guarantee timely delivery of the attestations referred to in Article 19(2), administrative cooperation and mutual assistance referred to in Article 15(1) shall be implemented through the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council*. 2. Member States shall ensure that the attestations referred to in Article 19(2) are issued to the persons concerned and to the employers electronically. _____________ * Regulation (EU) No 1024/2012 of the European Parliament and of the Council1a n administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p.1).”

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)

Regulation (EC) No 987/2009
Article 19 a (new)

11a. The following article inserted: “Article 19a Procedure for the application of Article 12 of the basic Regulation concerning open attestations for consecutive trips 1. At the request of the person concerned, the competent institution shall issue an attestation of applicable legislation as referred to in Article 19(2) for a period of validity of up to three months and without immediately specifying the person’s Member State of destination. This paragraph applies only to cases where the person concerned returns to the home Member State after each sending. 2. Where the person concerned has made a request under the first subparagraph of paragraph 1, the employer shall notify the competent institution of the precise destination and duration of each sending at its commencement. Any substantive changes to the duration or destination of the sending shall be notified additionally. 3. In accordance with Article 20, the competent institution of the Member State whose legislation is applicable shall make information relating to the legislation applicable to the person concerned available via the Electronic Exchange of Social Security Information to the concerned Member State(s). 4. Where, during the period of validity of the attestation, the situation of the person concerned changes in regard to the applicable legislation, the employer shall immediately notify the competent institution.”

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 12

Regulation (EC) No 987/2009
Article 20 -a (new)

Article 20-a Issuing and withdrawing portable documents certifying the social security legislation applicable The Commission shall adopt delegated acts in accordance with Article 20-b, supplementing this Regulation by establishing a standard procedure concerning: (a) the determination of situations in which the portable documents certifying the social security legislation which applies to the holder, as referred to in the first indent of Article 20a(1), is to be issued; and (b) the withdrawal of such documents when their accuracy or validity is contested by the competent institution of the Member State of employment.

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 12

Regulation (EC) No 987/2009
Article 20 -ab (new)

Article 20-ab Exercise of the delegation 1. The power to adopt delegated acts referred to in Article 20-a shall be conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 20-a shall be conferred on the Commission for a period of five years from ... [Publications Office: please insert exact date of entry into force of Regulation xxx COD 2016/815]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 20-a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 20-a 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 expiry of that period, the European Parliament and the Council have both informed the 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

Proposal for a regulation
Article 2 – paragraph 1 – point 12

Regulation (EC) No 987/2009
Article 20 a – paragraph 1 – indent 2

~~– the determination of situations in which the document shall be issu~~deleted,

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 12

Regulation (EC) No 987/2009
Article 20 a – paragraph 1 – indent 4

~~– the withdrawal of the document when its accuracy and validity is contested by the competent institution of the Member State of employment.~~deleted

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)

Regulation (EC) 987/2009
Article 22

13a. Article 22 is replaced by the following: "Article 22 General implementing provisions 1. The competent authorities or institutions shall ensure that any necessary information is made available to insured persons regarding the procedures and conditions for the granting of benefits in kind where such benefits are received in the territory of a Member State other than that of the competent institution. To facilitate the coordination of long-term care benefits which meet the criteria contained in Article 1 (vb) of the basic Regulation, the European Commission shall make information available about which institution is responsible for which type of benefit in every Member State, including where relevant at regional level. 1a. To facilitate the coordination of long-term care benefits which meet the criteria contained in Article 1 (vb) of the basic Regulation, the Administrative Commission should consider more precise definitions of certain terms related to that Article, to ensure that the person concerned is not deprived of necessary long-term care. 2. Notwithstanding Article 5(a) of the basic Regulation, a Member State may become responsible for the cost of benefits in accordance with Article 22 of the basic Regulation only if, either the insured person has made a claim for a pension under the legislation of that Member State, or in accordance with Articles 23 to 30 of the basic Regulation, he receives a pension under the legislation of that Member State. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R0987- 20170411&rid=1)

2018/01/23
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)

Regulation (EC) No 987/2009
Article 26

15a. 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 or on the basis of a long-term care need, taking into account the current state of health or of care need and the probable course of illness 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 or long-term care provider 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 medically or in the relation to the care need to supplement the treatment 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 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 in the competent Member State (notional cost), the competent institution shall reimburse, upon request, the cost of treatment 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 had been delivered in the competent Member State. C. Meeting the costs of travel and stay as part of scheduled treatment 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 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 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. ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R0987-~~" Or. en 20170411&rid=1)

2018/01/23
Committee: EMPL

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

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) The title is replaced by the following title: ‘Application of Article 35b of the basic Regulation; ’ (d) 34" is replaced by "Article 35b"; (e)~~deleted In paragraph ~~(2)~~1, the term "Article ~~34(2)" is replaced by "Article 35a (2)".~~

2018/01/23
Committee: EMPL

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

Proposal for a regulation
Article 3 – paragraph 1 a (new)

Point 9a of Article 2 [inserting a new Article 15a into Regulation (EC) 987/2009] shall be applicable from ... [5 years after the date of entry into force of this Regulation - COD2016/0397].

2018/01/23
Committee: EMPL