19 Amendments of Bendt BENDTSEN related to 2016/0397(COD)
Amendment 128 #
Proposal for a regulation
Recital 11 a (new)
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.
Amendment 132 #
Proposal for a regulation
Recital 12
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.
Amendment 134 #
Proposal for a regulation
Recital 12 a (new)
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.
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35a
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.
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 b (new)
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.
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 c (new)
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.
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 46
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.
Amendment 439 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
Article 67 a (new)
Amendment 440 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Regulation (EC) No 883/2004
Article 67 b (new)
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.”
Amendment 442 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 c (new)
Article 1 – paragraph 1 – point 22 c (new)
Regulation (EC) No 883/2004
Article 67 c (new)
Article 67 c (new)
Amendment 445 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 d (new)
Article 1 – paragraph 1 – point 22 d (new)
Regulation (EC) No 883/2004
Article 68 – paragraph 2 a (new)
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.”
Amendment 448 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
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.
Amendment 493 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 2
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].
Amendment 497 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 3
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
Amendment 504 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 6
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.
Amendment 506 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
Article 1 – paragraph 1 – point 27 a (new)
Regulation (EC) No 883/2004
Article 88 b
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."
Amendment 507 #
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Article 1 – paragraph 1 – point 29
Regulation (EC) No 883/2004
Annexes XII and XIII
Annexes XII and XIII
29. Annexes XII, XIII, XIIIa and XIIIb are inserted in accordance with the Annex to this Regulation.
Amendment 695 #
Proposal for a regulation
Annex I – point 7
Annex I – point 7
Regulation (EC) No 883/2004
Annex XIII
Annex XIII
Part II Member States which award family benefits referred in Article 65b(1)8b in full
Amendment 697 #
Proposal for a regulation
Annex I – point 7 b (new)
Annex I – point 7 b (new)
Regulation (EC) No 883/2004
Annex XIII b (new)
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:”