[ParlTrack]

Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Ádám KÓSA, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

Proposal for a regulation
Recital 7

(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.34 In addition, to achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily posted or sent to another Member State should apply consistently to both employed and self-employed persons. __________________ 34 OJ L 018, 21.01.1997 p. 1.deleted

2018/01/23
Committee: EMPL

Sven SCHULZE, Csaba SÓGOR, Georges BACH, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

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

Regulation (EC) No 883/2004
Recital 5 – addition

2. In Recital 5, after “the different national legislation for the persons concerned” the following wording is inserted: , subject to the conditions as regards the access to certain social security benefits by economically inactive mobile EU citizens in the host Member State set out in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.40 __________________ 40 OJ L 158, 30.4.2004, p. 77deleted

2018/01/23
Committee: EMPL

Sven SCHULZE, Csaba SÓGOR, Georges BACH, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

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

Regulation (EC) No 883/2004
Recital 5

(2a) Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the ~~Community~~Union equality of treatment ~~under the~~across different national l~~egislation~~aw for the persons concerned.

2018/01/23
Committee: EMPL

Sven SCHULZE, Csaba SÓGOR, Georges BACH, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 883/2004
Recital 5a

(5a) The Court of Justice has held that Member States are entitled to make the access of economically inactive citizens in the host Member State to social security benefits, which do not constitute social assistance within the meaning of Directive 2004/38/EC subject to a legal right of residence within the meaning of that Directive. The verification of the legal right of residence should be carried out in accordance with the requirement of Directive 2004/38/EC. For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. In order to improve legal clarity for citizens and institutions, a codification of this case law is necessary.deleted

2018/01/23
Committee: EMPL

Sven SCHULZE, Danuta JAZŁOWIECKA, Csaba SÓGOR, Georges BACH, Dieter-Lebrecht KOCH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 883/2004
Recital 5b

(5b) Member States should ensure that economically inactive EU mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. This may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage in the Member State in which they habitually reside.deleted

2018/01/23
Committee: EMPL

Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 883/2004
Recital 5 d (new)

(5d) In applying the general principle of equal treatment provided for in this Regulation, the Court of Justice of the European Union held, in its judgments in cases C-140/12 Brey, C-333/13 Dano, C- 67/14 Alimanovic and C-299/14 Garcia- Nieto, that equal treatment may, as regards the access to special non- contributory cash benefits, which also constitute social assistance within the meaning of Directive 2004/38/EC, be subject to the limitations and the conditions set out in Article 24 of that Directive. In order to improve legal clarity for citizens of the Union and Member States’ institutions, that case-law should be codified. Limitations to equal treatment should respect Union law, including the principle of proportionality as interpreted by the Court of Justice.

2018/01/23
Committee: EMPL

Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN

Proposal for a regulation
Article 1 – paragraph 1 – point 3

(5e) The Court of Justice held, in its judgment in case C-308/14, European Commission v. United Kingdom of Great Britain and Northern Ireland, that Member States may, in conformity with Union law, including the principle of proportionality, make the access of persons covered by Article 11(3)(e) of this Regulation to non-contributory social security benefits covered by Article 3 thereof, subject to the condition that those persons have a legal right of residence in accordance with Directive 2004/38/EC. As stated by the Court, the verification of the legal right of residence should be carried out in accordance with the requirements of Directive 2004/38/EC. In order to improve legal clarity for Union citizens and Member States’ institutions, that case-law should be codified.

2018/01/23
Committee: EMPL

Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

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

Regulation (EC) No 883/2004
Recital 5 f (new)

(5f) It is necessary to ensure that Union citizens are not treated less favourably than other persons who fall within the scope of this Regulation. The limitations to equal treatment introduced in this Regulation should therefore, without prejudice to rights of equal treatment provided for in other Union law, apply mutatis mutandis to those other persons.

2018/01/23
Committee: EMPL

Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

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

Regulation (EC) No 883/2004
Recital 47

(47) This Regulation respects the fundamental rights and observes the principles recognised inby the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the right to property (Article 17), the right to non-discrimination (Article 21), the rights of the child (Article 24), the rights of the elderly (Article 25), integration of persons with disabilities (Article 26), the right to family and professional life (Article 33); the right to social security and social assistance (Article 34), the right to health care (Article 35) and the right to freedom of movement and residence (Article 45); and has to be implemented in accordance with those rights and principle and the Convention for the Protection of Human Rights and Fundamental Freedoms.

2018/01/23
Committee: EMPL

Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

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

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

1. Unless otherwise provided for by this Regulation, persons to whom this Regulation applies shall enjoy the same benefits and be subject to the same obligations under the legislation of any Member State as the nationals thereof.deleted

2018/01/23
Committee: EMPL

Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN

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

Regulation (EC) No 883/2004
Article 4 – paragraph 2

2. A Member State may require that the access of an economically inactive person residing in that Member State to its social security benefits be subject to the conditions of having a right to legal residence as set out in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.44. __________________ 44deleted OJ L 158, 30.4.2004, p. 77.

2018/01/23
Committee: EMPL

Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN

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

Regulation (EC) 883/2004
Article 4 a (new)

11a. The following article is inserted: “Article 4a Limitations to equality of treatment for persons not having a legal right of residence under Union law 1. By way of derogation from Article 4 of this Regulation, a Member State whose legislation is applicable on the basis of Article 11(3)(e) of this Regulation may, in accordance with Union law, provide for access to [non-contributory social security benefits covered by Article 3] to be subject to the condition of having a legal right of residence in accordance with Directive 2004/38/EC. 2. Member States may apply the limitations referred to in paragraph 1 mutatis mutandis to stateless persons and refugees as well as to the members of their families and to their survivors who do not fulfil the conditions of legal residence or stay in accordance with other relevant Union law.”

2018/01/23
Committee: EMPL

Sven SCHULZE, Michaela ŠOJDROVÁ, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Ádám KÓSA, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

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

Regulation (EC) No 883/2004
Article 12 – paragraph 1

1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted ~~within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent~~ by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another ~~employed or self-employed~~ person previously posted or sent within the meaning of this Article. ~~__________________ 46 OJ L 018, 21.01.1997 p. 1.~~

2018/01/23
Committee: EMPL

Sven SCHULZE, Michaela ŠOJDROVÁ, Danuta JAZŁOWIECKA, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Thomas MANN

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

Regulation (EC) No 883/2004
Title III – Chapter 1 – title

~~Sickness, maternity and equivalent paternity benefits~~ 14a. In Title III, the title of Chapter 1 is replaced by the following: “Sickness, long-term care, maternity and equivalent paternity benefits” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)

2018/01/23
Committee: EMPL

Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Thomas MANN

Proposal for a regulation
Article 1 – paragraph 1 – point 20

Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c and paragraph 3

20. Article 64 is amended as follows: (a) “three” shall be replaced by “six” and the words “of three months up to a maximum of six months” shall be replaced by the words “of six months up to the end of the period of that person's entitlement to benefits”; (b) shall be replaced by “six” and the words “a maximum of six months” shall be replaced bydeleted In paragraph 1(c) the word In paragraph 3, the words “th~~e end of the period of entitlement to benefits”.~~ree”

2018/01/23
Committee: EMPL

Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Thomas MANN

Proposal for a regulation
Article 1 – paragraph 1 – point 22

Regulation (EC) No 883/2004
Article 65

~~[...]~~deleted

2018/01/23
Committee: EMPL

Sven SCHULZE, Georges BACH, Csaba SÓGOR, Dieter-Lebrecht KOCH, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN

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

Regulation (EC) No 883/2004
Article 70 – paragraph 4 a (new)

23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”

2018/01/23
Committee: EMPL

Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Claude ROLIN, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN

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

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

– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,

2018/01/23
Committee: EMPL

Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Claude ROLIN, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Regulation (EC) No 987/2009
Article 16 – paragraph 3

3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and the persons and the employers concerned that it cannot yet accept the provisional determination or that it takes a different view on this.

2018/01/23
Committee: EMPL

Sven SCHULZE, Michaela ŠOJDROVÁ, Dieter-Lebrecht KOCH, Georges BACH, Claude ROLIN, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Thomas MANN, Sofia RIBEIRO

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Regulation (EC) No 987/2009
Article 16 – paragraph 5

5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and~~/or~~ his or her employer.

2018/01/23
Committee: EMPL

Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Claude ROLIN, Thomas MANN

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

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

– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,

2018/01/23
Committee: EMPL

Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Georges BACH, Thomas MANN

Proposal for a regulation
Article 2 – paragraph 1 – point 23

Regulation (EC) No 987/2009
Article 56 – paragraphs 1 and 3

~~23. Article 56 is amended as follows: (a) In paragraph 1, the term " Article 65(2)” is replaced by "Article 65(4)"; (b) Paragraph 3 is~~ deleted.

2018/01/23
Committee: EMPL

22 Amendments of Georges BACH related to 2016/0397(COD)

ParlTrack - 2011-2024