14 Amendments of Ádám KÓSA related to 2016/0397(COD)
Amendment 85 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 234 #
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 260 #
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 350 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Article 35 c – paragraph 1
Article 35 c – paragraph 1
1. Article 35 shall apply mutatis mutandis to long-term care benefits except where the competent Member State does not provide for in-kind long-term care social security benefits.
Amendment 351 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
Article 61
Amendment 353 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
Article 61
Amendment 410 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
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)
Amendment 418 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 2
Article 65 – paragraph 2
Amendment 431 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 5 a (new)
Article 65 – paragraph 5 a (new)
5a. The benefits provided by the institution of the place of residence under paragraph 5 shall continue to be at its own expense. However, subject to paragraph 7, 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 three months. The amount of the reimbursement during this period may not be higher than the amount payable, in the case of unemployment, under the legislation of the competent Member State. In the case referred to in paragraph 5(b), the period during which benefits are provided under Article 64 shall be deducted from the period referred to in the second sentence of this paragraph. The arrangements for reimbursement shall be laid down in the Implementing Regulation.
Amendment 432 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 5 b (new)
Article 65 – paragraph 5 b (new)
5b. However, the period of reimbursement referred to in paragraph 6 shall be extended to five months when the person concerned has, during the preceding 24 months, completed periods of employment or self-employment of at least 12 months in the Member State to whose legislation he/she was last subject, where such periods would qualify for the purposes of establishing entitlement to unemployment benefits.
Amendment 433 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 5 c (new)
Article 65 – paragraph 5 c (new)
5c. For the purposes of paragraphs 6 and 7, 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.
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 533 #
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 25 working days from the receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated in the requestich are urgent for the protection of the rights of the person concerned, this shall be done within two 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 571 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out, provided the undertaking performs a substantial activity in that Member State. Otherwise, it shall be deemed to be situated in the Member State where the centre of interest of activities of the undertaking determined in accordance with the criteria laid down in paragraphs 9 and 10 is located..