2016/0397(COD) | [ParlTrack]

Ole CHRISTENSEN, Evelyn REGNER

Proposal for a regulation
Recital 8

(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least ~~thre~~one months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured.

Amendment 107 #

Proposal for a regulation
Recital 9

Amendment 108 #

Proposal for a regulation
Recital 9

(9) Following the recommendations in the EU Citizenship Report 2013,35 there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegrationIntra-EU mobility can address mismatches between skills and employment opportunities, and help tackling unemployment in the EU. However, the exportability of unemployment benefits poses significant problems in terms of mutual cooperation between Member States for monitoring jobseeking activities. To avoid the misuse of rights, the competent Member State can take into account national labour needs as well as available opportunities into the ~~labour market and to address skills mismatches across border~~host Member State before granting the exportation of unemployment benefits. __________________ 35COM(2013) 269 final.

Amendment 109 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a regulation
Recital 9

(9) Following the recommendations35 in the EU Citizenship Report 2013, there is a need to extend the minimum duration of export of unemployment benefits from three ~~to six month~~months until the end of the period in which the person in question is still entitled to benefits in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for retraining and reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final. COM(2013) 269 final.

Amendment 110 #

Jeroen LENAERS

Proposal for a regulation
Recital 9

(9) Following the recommendations in the EU Citizenship Report 201335, there is a need to extend the minimum duration of export of unemployment benefits from three to six months with the possibility of an extension where there is a genuine prospect of employment, in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final.

Amendment 111 #

Proposal for a regulation
Recital 9

(9) Following the recommendations in the EU Citizenship Report 201335, there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to promote mobility and improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final. COM(2013) 269 final.

Amendment 112 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a regulation
Recital 9

(9) Following the recommendations in the EU Citizenship Report 201335, there is a need to extend the ~~minimum~~ duration of export of unemployment benefits ~~from three to six months~~to the entire period of entitlement in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final. COM(2013) 269 final.

Amendment 113 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a regulation
Recital 9 a (new)

(9a) This extension of the minimum export period for unemployment benefits from three to six months should be accompanied by compulsory monitoring of the applicant for export through the systematic transmission to the competent state of monthly reports on the applicant made by the state of residence, as well as through the increased exchange of information between the States, with a view to ensuring an appropriate level of cross-border checks on jobseekers residing abroad during the period for which benefits are payable.

Amendment 114 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

Proposal for a regulation
Recital 10

(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers receive unemployment benefits from the Member State of last activity provided that they have worked in that Member State for at least the past twelve months.deleted

Amendment 115 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a regulation
Recital 10

(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers can choose where to receive unemployment benefit~~s from the Member State of last activity provided that they have worked in that Member State for at least the past twelve month~~s.

Amendment 116 #

Proposal for a regulation
Recital 10

(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ~~ensuring frontier workers~~giving them the choice to receive unemployment benefits from the Member State of last activity ~~provided that they have worked in that Member State for at least the past twelve months~~or from the Member State of residence in order to enhance the probability of the unemployed to find employment in the Member State where his or her chances are the highest.

Amendment 117 #

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

Proposal for a regulation
Recital 10

(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers receive unemployment benefits from the Member State of last activity ~~provided that they have worked in that Member State for at least the past twelve months~~.

Amendment 118 #

Joëlle MÉLIN, Dominique MARTIN

Proposal for a regulation
Recital 10

(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers receive the applicable unemployment benefits from the Member State of last activity provided that they have worked in that Member State for at least three months in the past twelve months.

Amendment 119 #

Nathalie GRIESBECK, Marian HARKIN

Proposal for a regulation
Recital 10 a (new)

(10a) The new provisions on unemployment benefit for cross-border workers could in some cases worsen the conditions for their return to the labour market. It is essential, therefore, to enhance administrative cooperation between the competent authorities responsible for supporting cross-border workers and for the regulatory framework to facilitate, for example, the steps to be completed in the Member State of residence, by clarifying the competence of the public employment service responsible for providing support to them, and for exchanges between the competent institution of the Member State of last activity and the job seeker to be conducted in an understandable language. The public employment service of the Member State of last activity must take into account the specific situation of job seekers whose place of residence is not in the Member State of last activity, and therefore establish specific accompanying measures facilitating their return to employment. Cross-border job seekers shall have the possibility to make themselves available to a cross-border employment service, providing that such a service exists in the geographic area corresponding to the area of their job research.

Amendment 120 #

Jeroen LENAERS

Proposal for a regulation
Recital 10 a (new)

(10a) With regard to unemployment benefit, after five consecutive years of insurance in the Member State concerned, freedom to choose for border workers would facilitate labour market access. Border workers may, after this period, choose to make themselves available to the employment services in the Member State concerned. If use is made of this option, it is essential to enhance administrative cooperation between the authorities responsible for the cross-border workers in question, for the regulatory framework provisions, such as the steps to be completed in the Member State of residence, to be simplified by clarifying the remit of the employment service responsible for further action and for exchanges between the relevant institution of the Member State of last activity and that of the Member State in which the job seeker is resident to be conducted in the language of the former.

Amendment 121 #

Agnes JONGERIUS

Proposal for a regulation
Recital 10 a (new)

(10a) Freedom to choose for frontier workers could facilitate labour market access. Border workers may choose to make themselves available to the employment services in the Member State concerned. If use is made of this option, it is essential to enhance administrative cooperation between the authorities responsible for the cross-border workers in question, for the regulatory framework provisions, such as the steps to be completed in the Member State of residence, to be simplified by clarifying the remit of the employment service responsible for further action and for exchanges between the relevant institution of the Member State of last activity and that of the Member State in which the job seeker is resident to be conducted in the language of the former.

Amendment 122 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a regulation
Recital 10 a (new)

(10a) The new unemployment compensation mechanism for frontier workers could lead to changes in their conditions and make it more difficult for them to return to the labour market. To overcome these difficulties, it is necessary for the Member State of residence to put in place accompanying measures for these unemployed persons in order to help them in their dealings with the relevant institution of the competent Member State. It is also essential that the new regulatory framework should clarify the possibilities for those unemployed persons to register with the employment services in their Member State of residence, where they will have the opportunity to look for a job, obtain information and take advantage of all the measures to help them return to work, such as training or retraining.

Amendment 123 #

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.

Amendment 124 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a regulation
Recital 10 a (new)

(10a) While coordination rules cannot prevent that mobile citizens have lower protection than non-mobile citizens, Member States are encouraged to find bilateral solutions according to Article 16.

Amendment 125 #

Proposal for a regulation
Recital 10 b (new)

(10b) It is necessary to develop cross- border placement services in order to support applicants in their search for new employment that are as close as possible to the realities of border areas.

Amendment 126 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Csaba SÓGOR

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.

Amendment 127 #

Proposal for a regulation
Recital 11

(11) Family benefits intended to replace or grant additional income during 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.

Amendment 128 #

Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN, Sofia RIBEIRO

Proposal for a regulation
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 129 #

Marian HARKIN, Morten LØKKEGAARD, Fredrick FEDERLEY, Ulrike MÜLLER, Nadja HIRSCH

Proposal for a regulation
Recital 11 a (new)

(11a) Significant economic differences still exist between Member States. For members of the family residing in another Member State other than the competent Member State, different standards and costs of living are a necessary consideration for the calculation of family benefits.

Amendment 130 #

Heinz K. BECKER

Proposal for a regulation
Recital 11 a (new)

(11a) Family benefits should help cover the actual cost of living. They should be indexed to ensure fairness and justice for European families.

Amendment 131 #

Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN

Proposal for a regulation
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 of amending the Annexes to this Regulation and Regulation (EC) No 987/2009. 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-Making36 of 13 April 2016. 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. 1-14Annexes to this Regulation and Regulation (EC) No 987/2009 should be amended periodically.

Amendment 132 #

Proposal for a regulation
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 of~~order to amend~~ing~~ 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 133 #

Marian HARKIN, Morten LØKKEGAARD, Fredrick FEDERLEY, Ulrike MÜLLER, Nadja HIRSCH

Proposal for a regulation
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 of amending the Annexes to this Regulation and Regulation (EC) No 987/2009, and to establish a fair and optional adjustment mechanism for the calculation of family benefits in relation to children residing in another 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 2016.36 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.

Amendment 134 #

Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN

Proposal for a regulation
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 135 #

Joëlle MÉLIN, Dominique MARTIN

Proposal for a regulation
Recital 13

(13) With a view to supporting Member States in their efforts to combat fraud and error in the application of the coordination rules, it is necessary to ~~establish a further permissive legal basis to~~ facilitate the processing of personal data about persons to whom Regulations (EC) No 883/2004 and (EC) No 987/2009 apply, while complying fully, without exception, with the Union acquis on the protection of personal data, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council. This would enable a Member State to periodically compare data held by its competent institutions against that held by another Member State in order to identify errors or inconsistencies that require further investigation.

Amendment 136 #

Proposal for a regulation
Recital 14 a (new)

(14a) These data should be compiled and used only for the stated purposes and should be deleted when the persons in question return to their country of origin.

Amendment 137 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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.

Amendment 138 #

Jeroen LENAERS

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. 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. In the absence of a response within the specified deadline, the requesting institution shall become competent to determine the legislation applicable.

Amendment 139 #

Proposal for a regulation
Recital 15

(15) With a view to expediting the procedure for the verification, rectification 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. 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. In the absence of a response within the specified deadline, the requesting institution should become competent to determine the legislation applicable.

Amendment 140 #

Claude ROLIN, Tom VANDENKENDELAERE

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. 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. In case of irrefutable fraud the receiving Member State can refuse these documents. The principle ‘fraus omnia corrumpit’ has an absolute character in Union law.

Amendment 141 #

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. 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. Beyond this date, the institution requesting the withdrawal gains sole competence.

Amendment 142 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER

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 involving membership for at least three months.

Amendment 143 #

Emilian PAVEL

Proposal for a regulation
Recital 16

Amendment 144 #

Claude ROLIN

Proposal for a regulation
Recital 16

Amendment 145 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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 involving membership of at least six months.

Amendment 146 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER

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.

Amendment 147 #

Helga STEVENS

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.

Amendment 148 #

Proposal for a regulation
Recital 16 a (new)

(16a) In order to strengthen the link between the substantial activity of the undertaking and the legislation applicable to the person seconded by that undertaking to another Member State on a temporary basis, it is important to stress that the substantial activity must be characterised, inter alia, by a share of more than 25% of the annual turnover in the Member State from which the person is seconded.

Amendment 149 #

Elisabeth MORIN-CHARTIER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a regulation
Recital 16 b (new)

(16b) Form A1 must be issued by the competent authority to the applicant company before the start of the assignment. In order to prevent the posting of a worker from being blocked if the competent authority fails to issue the form on time, it must be able to prove that the application was made by the applicant undertaking before the start of the mission.

Amendment 150 #

Joëlle MÉLIN, Dominique MARTIN, Mara BIZZOTTO

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 be exercised in accordance with Article 5 of Regulation (EU) No 182/2011 of 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 States of the Commission’s exercise of implementing powers37. __________________ OJ L 55, 28.2.2011, p 13.deleted

Amendment 151 #

Joëlle MÉLIN, Dominique MARTIN

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.

Amendment 152 #

Proposal for a regulation
Recital 19

(19) Taking into account the jurisprudence of the Court of Justice in Cases C-345/09 van Delft and Others, EU:C:2010:610 and C-543/13 EU:C:2015:359 Fischer-Lintjens there is a need to facilitate retrospective changes in applicable legislation. Therefore the offsetting procedure that applies in situations where the legislation of a Member State was applied provisionally in accordance with Article 6 of Regulation (EC) No 987/2009 should also be extended to other cases resulting from a retroactive change of the applicable legislation. In addition, in this context, it is necessary to disapply divergent limitation provisions in national law to ensure that a retroactive settlement between the institutions is not impeded by any incompatible time-limits laid down in national legislation while at the same time establishing a uniform limitation period of five years counting backwards from the commencement of the dialogue procedure referred to under Article 5(2) and 6(3) of this Regulation to ensure this procedure for resolving such disputes is not frustrated.deleted

Amendment 153 #

João PIMENTA LOPES, Patrick LE HYARIC

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

Regulation (EC) No 883/2004
Recital 2 – second sentence

1. A second sentence is added in Recital 2 as follows: ‘Article 21 Treaty of the Functioning of the European Union guarantees every Union citizen the right to free movement subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.’deleted

Amendment 154 #

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

Regulation (EC) No 883/2004
Recital 3 a (new)

1a. After Recital 3, the following is inserted: “(3a) Social security systems should be based on public schemes, ensuring universal and inclusive access for all citizens, migrants and refugees and making it possible to limit factors leading to social and economic exclusion. Such schemes should be underpinned by policies designed to boost employment, improve pay, achieve a better distribution of created wealth and income and enhance revenue through diversified sources of funding, focusing on more effective measures to combat tax evasion and tax fraud.”

Amendment 155 #

João PIMENTA LOPES, Patrick LE HYARIC

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

~~(4)~~1b. After Recital 4, the following is inserted: It is necessary to respect the special characteristics of national social security legislation and to draw up only a system of coordination. Any measures seeking to harmonise social security systems that run counter to their public, universal and inclusive principles, limit their scope or impose rules that do not correspond to the situation at national level, do not conform to this objective.

Amendment 156 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Amendment 157 #

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

Regulation 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 __________________ 40deleted OJ L 158, 30.4.2004, p. 77

Amendment 158 #

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

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

Amendment 159 #

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

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.

Amendment 160 #

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

Amendment 161 #

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.

Amendment 162 #

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

3. After Recital 5, the following is inserted: ‘ (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. (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. (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

Amendment 163 #

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

Amendment 164 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Recital 5a

Amendment 165 #

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

Regulation (EC) No 883/2004
Recital 5a

Amendment 166 #

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

Regulation (EC) No 883/2004
Recital 5a

Amendment 167 #

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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~~in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 ofn the ~~Treaty on the Functioning of the European Union~~right of citizens of the Union and their family members to move and reside freely within the territory of the Member State. In order to improve legal clarity for citizens and institutions, a codification of this case law is necessary.

Amendment 168 #

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

Amendment 169 #

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 or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.

Amendment 170 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Amendment 171 #

Sven SCHULZE, 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 3

Regulation (EC) No 883/2004
Recital 5c

Amendment 172 #

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

Regulation (EC) No 883/2004
Recital 5c

(5c) Not~~withstand~~hing withing 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 rightsis Regulation should restrict the fundamental rights of economically inactive persons and persons with the right of freedom of movement for the purposes of seeking employment 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 entitlement to social security benefits and social services (Article 234) and the right to healthcare (Article 35).

Amendment 173 #

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.

Amendment 174 #

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.

Amendment 175 #

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.

Amendment 176 #

Marian HARKIN, António MARINHO E PINTO, Robert ROCHEFORT, Enrique CALVET CHAMBON, Jasenko SELIMOVIC

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)

Regulation (EC) No 883/2004
Recital 20

4a. Recital 20 is replaced by the following: “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection. ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)~~” Or. en (http://eur-

Amendment 177 #

Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 883/2004
Recital 24

5. Recital 24 is replaced by the following: (24) Long-term care benefits for insured persons and members of their families need to be coordinated according to specific rules which, in principle, follow the rules applicable to sickness benefits, in line with the case law of the Court of Justice. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.deleted

Amendment 178 #

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

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 of the European Union, 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 Co~~. However, those rules should take into account the specific naturte of ~~Justice~~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.

Amendment 179 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 883/2004
Recital 24

(24) Long-term care benefits for insured persons and members of their families ~~need~~should, in principle, continue to be coordinated according to ~~specific rules which, in principle, follow the rules applicable to sickness benefits,~~the rules applicable to sickness benefits, taking the specific nature of long-term care benefits into account and in line with the case law of the Court of Justice. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.

Amendment 180 #

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.

Amendment 181 #

Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Article 1 – paragraph 1 – point 5

Recital 24

(24) Long-term care benefits for insured persons and members of their families need to be coordinated according to specific rules which~~, in principle,~~ follow the rules applicable to sickness benefits, in line with the case law of the Court of Justice. It is also necessary to provide for specific provisions in case of overlapping of long- term care benefits in kind and in cash.

Amendment 182 #

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

Regulation (EC) No 883/2004
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 183 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Krzysztof HETMAN, Marek PLURA, Csaba SÓGOR

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.

Amendment 184 #

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

Regulation (EC) No 883/2004
Recital 35a

(35a) Family benefits in cash intended to replace income or grant additional 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 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 be listed in Part II of Annex XIII. (Article 1- paragraph 6)

Amendment 185 #

Michaela ŠOJDROVÁ

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

Regulation (EC) No 883/2004
Recital 35 b (new)

(35b) For the purpose of calculating differential supplements, Member States should take into account benefits of the same kind. Pursuant to established case law of the Court of Justice, benefits are considered as being of the same kind when their purpose and objectives together with the basis on which they are calculated, the conditions for granting them and the persons entitled to such benefits are identical. As the Court of Justice stated in Case C-347/12 Wiering, family benefits are not necessarily of the same kind and an evaluation of the distinguishing factors also applies to these benefits. Accordingly, Member States should distinguish between family benefits in cash which are primarily intended to replace income during the child-raising period and other family benefits intended to meet family expenses irrespective of parents´ income.

Amendment 186 #

Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN

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

Regulation (EC) No 883/2004
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 187 #

Marian HARKIN, Morten LØKKEGAARD, Fredrick FEDERLEY, Ulrike MÜLLER, Nadja HIRSCH

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

Regulation (EC) 883/2004
Recital 35 b(new)

(35b) For members of the family residing in another Member State other than the competent Member State, different standards and costs of living are a necessary consideration for the calculation of family benefits. The Commission should, by means of delegated acts, establish an optional adjustment mechanism for the calculation of family benefits in relation to children residing in another Member State other than the competent Member State.

Amendment 188 #

Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN

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

Regulation (EC) No 883/2004
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 189 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

(39a) The relevant EU data protection acquis, in particular Regulation (EU) 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 42 shall apply fully and without exception to the processing of personal data ~~pursuant to~~affected by this Regulation. __________________ OJ L 119, 4.5.2016, p. 1-88.

Amendment 190 #

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

Regulation (EC) No 883/2004
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 Regulation (EC) No 987/2009. 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 43of 13 Aprildeleted COM(2015) 2016. 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 final.

Amendment 191 #

Marian HARKIN, Morten LØKKEGAARD, Fredrick FEDERLEY, Ulrike MÜLLER, Nadja HIRSCH

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

Regulation (EC) No 883/2004
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 Regulation (EC) No 987/2009. 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.deleted

Amendment 192 #

Sven SCHULZE, Bendt BENDTSEN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Thomas MANN, Sofia RIBEIRO

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

Regulation (EC) No 883/2004
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 193 #

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

Regulation (EC) No 883/2004
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 Regulation (EC) No 987/2009, and establish a fair and optional adjustment mechanism for the calculation of exporting family benefits by Member States for children residing in another 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.

Amendment 194 #

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.

Amendment 195 #

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.

Amendment 196 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Recital 48 a (new)

(48a) The new provisions on unemployment benefit for cross-border workers could in some cases worsen the conditions for their return to the labour market. It is essential, therefore, to enhance administrative cooperation between the competent authorities responsible for supporting cross-border workers and for the regulatory framework to facilitate, for example, the steps to be completed in the Member State of residence, by clarifying the competence of the public employment service responsible for providing support to them, and for exchanges between the competent institution of the Member State of last activity and the job seeker to be conducted in the language of the latter.

Amendment 197 #

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

Regulation (EC) No 883/2004
Recital 48 a (new)

(48a) Nothing within this Regulation limits the independent rights and obligations recognised in the European Social Charter, in particular the right to social security (Article 12), the right to social and medical assistance (Article 13), the right of migrant workers and their families to protection and assistance (Article 19), and the right to protection against poverty and social exclusion (Article 30). This Regulation should be implemented in accordance with those rights and obligations.

Amendment 198 #

Gabriele ZIMMER, Patrick LE HYARIC, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Recital 48 b (new)

(48b) Member States may provide for the introduction of differential supplements to bridge the gap between unemployment benefits paid by the Member State of last activity and the Member State of residence.

Amendment 199 #

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

Regulation (EC) No 883/2004
Recital 48 b (new)

(48b) Nothing within this Regulation limits the independent rights and obligations recognised in the European Convention on Social and Medical Assistance of the Council of Europe in the Member States concerned.

Amendment 200 #

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

Regulation (EC) No 883/2004
Recital 48 c (new)

(48c) 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 unemployment benefits, to the detriment of insured persons.

Amendment 201 #

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

Regulation (EC) No 883/2004
Recital 48 d (new)

(48d) Notwithstanding the limitations on the right to equal treatment for economically inactive persons and persons with the right of freedom of movement for the purposes of seeking employment, 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), the entitlement to social security benefits and social services (Article 34) and the right to healthcare (Article 35).

Amendment 202 #

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

Existing regulation – 883/2004
Recital 48 e (new)

(48e) Nothing within this Regulation limits the independent rights and obligations recognised in the European Social Charter, in particular the right to social security (Article 12), the right to social and medical assistance (Article 13), the right of migrant workers and their families to protection and assistance (Article 19), and the right to protection against poverty and social exclusion (Article 30). This Regulation should be implemented in accordance with those rights and obligations.

Amendment 203 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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

Regulation (EC) No 883/2004
Article 1

9. Article 1 is amended as follows: (a) Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”. (b) “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted. (c) “Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted. (d) after point (va): ‘ (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 old-age, disability, illness or impairment, require considerable assistance from another person or persons to carry out essential daily activities, including to support their personal autonomy; this includes benefits granted to or for the person providing such assistance;’deleted In Point (c) the term “Title III, In Point (i)(1)(ii) after the term In Point (va)(i) after the term The following point is inserted

Amendment 204 #

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

Amendment 205 #

Marian HARKIN, Robert ROCHEFORT, Enrique CALVET CHAMBON

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

Amendment 206 #

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

Amendment 207 #

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

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”.~~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, in accordance with this Regulation.”

Amendment 208 #

Marian HARKIN, Robert ROCHEFORT, Enrique CALVET CHAMBON

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; .”

Amendment 209 #

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.~~deleted

Amendment 210 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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;

Amendment 211 #

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

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 Ppoint (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;”

Amendment 212 #

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 “~~, point (ii) is replaced by the following: “(ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits~~” the term “and Chapter 1a on long-term care benefits” is inserted.~~, 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;”

Amendment 213 #

Marian HARKIN, Robert ROCHEFORT, Enrique CALVET CHAMBON, Jasenko SELIMOVIC

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 “~~, point (ii) is replaced by the following: (ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits~~” the term “and Chapter 1a on long-term care benefits” is inserted.~~, 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;

Amendment 214 #

Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

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 “Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted.

Amendment 215 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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).

Amendment 216 #

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

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, with regard to (sickness, maternity and equivalent paternity benefits~~),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted.~~, (sickness, maternity and equivalent paternity benefits), 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 includes long-term care benefits in kind within the meaning of point (vb) of this point.”

Amendment 217 #

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, long-term care, maternity and equivalent paternity benefits),~~” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted~~ 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.

Amendment 218 #

Marian HARKIN, Enrique CALVET CHAMBON

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

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

(ca) Point (va) is replaced by the following: (va) “Benefits in kind” means: (i) for the purposes of Title III, Chapter 1 (regarding sickness, maternity and equivalent paternity benefits), 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 includes long-term care benefits in kind~~; (ii) for the purposes of Title III, Chapter 1 regarding long-term care benefits, 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 as defined in point (vb); (iii) for the purposes of Title III, Chapter 2 (accidents at work and occupational diseases), all benefits in kind relating to accidents at work and occupational diseases as defined in point (i) above and provided for under the Member States’ accidents at work and occupational diseases schemes;

Amendment 219 #

Marian HARKIN, Jasenko SELIMOVIC

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;.

Amendment 220 #

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

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

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

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

Amendment 221 #

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

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

(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 old-age, disability, illness or impairment, require ~~considerable~~ assistance from another person or persons to carry out essential daily activities, including to support their personal autonomy; this includes benefits granted to or for the person providing such assistance;

Amendment 222 #

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

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

(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 old-age, disability, illness or impairment, require ~~considerable~~ assistance from another person or persons to carry out essential daily activities, including to support their personal autonomy; this includes benefits granted to or for the person providing such assistance;

Amendment 223 #

Helga STEVENS

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

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

“(vc) “work-related disability benefit” means any benefit in kind, cash or combination of both that is provided to economically active citizens with a disability with the objective of supporting their access to, inclusion and retention in the labour market.”

Amendment 224 #

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

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

Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point a

~~(a) sickness benefits; (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)~~9a. In Article 3(1), point (a) is replaced by the following: “(a) sickness and long-term care benefits;” Or. en

Amendment 225 #

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)

Amendment 226 #

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

Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba

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

Amendment 227 #

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

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

Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba

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

Amendment 228 #

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;

Amendment 229 #

Helga STEVENS

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

Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point b (new)

(bb) “work-related disability benefits”

Amendment 230 #

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

Amendment 231 #

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 States44. __________________ OJ L 158, 30.4.2004, p 77.deleted

Amendment 232 #

Renate WEBER

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. __________________ 44 OJ L 158, 30.4.2004, p. 77.deleted

Amendment 233 #

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI

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.

Amendment 234 #

Ádám KÓSA

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. __________________ 44 OJ L 158, 30.4.2004, p. 77.deleted

Amendment 235 #

Elena GENTILE

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.

Amendment 236 #

Marian HARKIN

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.

Amendment 237 #

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

Regulation (EC) 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. __________________ 44 OJ L 158, 30.4.2004, p. 77.deleted

Amendment 238 #

Gabriele ZIMMER, Patrick LE HYARIC, João PIMENTA LOPES, Kostadinka KUNEVA

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. __________________ 44 OJ L 158, 30.4.2004, p. 77.deleted

Amendment 239 #

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.

Amendment 240 #

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

Regulation (EC) 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. __________________ 44 OJ L 158, 30.4.2004, p. 77.deleted

Amendment 241 #

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.”

Amendment 242 #

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”.~~deleted

Amendment 243 #

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

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

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

(a) ~~In p~~Paragraph 2 ~~the term “sickness benefits in cash covering treatment for an un~~is replaced by the following: “2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalimdit~~ed period” is replaced by the term “~~y, old age or survivors’ pensions or to pensions in respect of accidents at work or occupational diseases or to long-term ~~care~~ benefits in cash”. paid to the person in need of care.”

Amendment 244 #

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”.

Amendment 245 #

Sven SCHULZE, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN, Sofia RIBEIRO

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a (new)

Regulation (EC) No 883/2004
Article 11 – paragraph 3 – point c

(aa) In paragraph 3, point (c) is replaced by the following: “(c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence or of the State of his or her most recent activity as an employed or self-employed person shall be subject to the legislation of that Member State;”

Amendment 246 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a (new)

Regulation (EC) No 883/2004
Article 11 – paragraph 4

(aa) Paragraph 4 is replaced with the following: 4. For the purposes of this Title, an activity as an employed or self-employed person normally pursued on board a vessel at sea flying the flag of a Member State shall be deemed to be an activity pursued in the said Member State. However, a person employed on board a vessel flying the flag of a Member State and remunerated for such activity by an ~~undertaking or a person~~employer whose registered office ~~or place of business~~ is in another Member State shall be subject to the legislation of the latter Member State if he resides in that State. ~~The undertaking or person paying the remuneration shall be considered as the employer for the purposes of the said legislation.~~ Or. fr (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004R0883R(01))

Amendment 247 #

Sven SCHULZE, Michaela ŠOJDROVÁ, Csaba SÓGOR, Dieter-Lebrecht KOCH, Thomas MANN

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

Regulation (EC) No 883/2004
Article 11 – paragraph 5

5. "5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued ~~exclusively~~ in the Member State where the home base, as defined in Annex III~~, Subpart FTL~~ to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and the Council as amended by Commission Regulation (EU) No 83/2014/EU of 29 January 2014, is located45." However, a member of a flight crew or cabin crew carrying out, over a period of 12 months, most of his or her duties as a crew member in service within the meaning of item 17 of paragraph ORO.FTL.105 of Annex II to Regulation (EU) No 83/2014, in the context of a scheduled flight mission on board an aircraft from a Member State other than that in which his or her home base is located, shall be subject to the legislation of former of the two Member States. __________________ 45 OJ L 28, 31.01.2014, p. 17

Amendment 248 #

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

Regulation (EC) No 883/2004
Article 11 – paragraph 5

5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued exclusively in the Member State where the home base, as defined in Annex III, Subpart FTL to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and the Council as amended by Commission Regulation (EU) No 83/2014/EU of 29 January 201445, is located. ~~__________________ 45~~Where there is no home base, or where there are several home bases, the individual shall be subject to the law applicable in accordance with Article 13. __________________ 45 OJ L 28, 31.01.2014, p. 17. OJ L 28, 31.01.2014, p. 17.

Amendment 249 #