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Delegations will find attached in Annex I to this document Presidency's proposals regarding the
position to be taken on the European Parliament's draft amendments 8 and 10, as set in the third
column of the table. Annex II contains the position as agreed by Coreper on 27 February 2009 with
regard to draft amendments 1-7, 9 and 11, on which common ground could be reached in the
framework of the previous informal Trialogue.
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Amended proposal of a Regulation of the European Parliament and of the Council laying down the procedure for implementing
Regulation (EC) No 883/2004 on the coordination of social security systems
(Comparative Table)
Draft amendments 6, 8 and 10
Council Common Position Draft EP amendments Draft Amendment 6
Recital 21
(21) Informing insured persons of their rights and obligations is a crucial component of a relationship of trust with the competent authorities and the Member States' institutions. (21) Informing persons concerned of their rights and obligations is a crucial component of a relationship of trust with the competent authorities and the Member States' institutions. Information should include guidance on administrative procedures. (21)Informing persons concerned of their rights and obligations is a crucial component of a relationship of trust with the competent authorities and the Member States' institutions. Information should include guidance on administrative procedures. Persons concerned may include the insured persons, their family members and/or their survivors or other persons depending on the situation. (new last sentence following the discussion on draft amendment 8)
7286/09 MdP/mk ANNEX I DG G
Council Common Position Draft EP amendments Draft Amendment 8
Article 3 - paragraph 3
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3.To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall without delay forward the information and issue the documents to the persons concerned. 3. To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall without delay forward the information and issue the documents to the persons concerned. Persons concerned may be the insured persons, their family and/or their survivors. The text defining "persons concerned" was reformulated and moved to Recital no. 21, see above draft amendment 6.
7286/09 MdP/mk ANNEX I DG G
Council Common Position Draft EP amendments Draft Amendment 10
Article 19 - paragraph 2
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2.At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. 2. Het bevoegde orgaan van de lidstaat waarvan de wetgeving op grond van een bepaling van titel II van de basisverordening van toepassing is, stelt betrokkene in het bezit van een document dat certificeert dat die wetgeving van toepassing is en, waar geëigend, onder vermelding tot welke datum en onder welke voorwaarden. Working translation 2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions.
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In case Article 12 of the Basic Regulation applies, an attestation shall be provided without request as soon as the information according to Article 15 (1) of this Regulation is made available.
The competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide the person concerned with a document certifying that such legislation is applicable and where appropriate indicating, until what date and under what conditions.
1
Pending availability of the official English version.
7286/09 MdP/mk ANNEX I DG G
Council Common Position Draft EP amendments Alternative proposal
As an alternative proposal, the Presidency suggests amending the last sentence in Article 15(1) as follows (changes are in bold and underlined):
That institution shall without delay make information concerning the legislation applicable to the person concerned, pursuant to Article 11(3)(b) or Article 12 of the basic Regulation, available to the person concerned and to the institution designated by the competent authority of the Member State in which the activity is pursued.
7286/09 MdP/mk ANNEX I DG G
Amended proposal of a Regulation of the European Parliament and of the Council laying down the procedure for implementing
Regulation (EC) No 883/2004 on the coordination of social security systems
(Comparative Table)
Draft amendments 1 - 7, 9 and 11
Council Common Position Draft EP amendments Draft Amendment 1
Recital 6 a (new)
(6a) The persons covered by this Regulation should receive from the competent institution a timely answer to their requests. The answer should be provided within the time-limits prescribed by the social security legislation of the Member State in question, where such time-limits exist. Member States whose social security legislation does not make provision for such time-limits should consider adopting them and making them known to concerned persons as necessary. (6a) The persons covered by this Regulation should receive from the competent institution a timely answer to their requests. The answer should be provided by the latest within the time-limits prescribed by the social security legislation of the Member State in question, where such time-limits exist. It would be desirable if Member States whose social security legislation does not make provision for such time-limits considered adopting them and making them available to concerned persons as necessary.
7286/09 MdP/mk ANNEX II DG G
Council Common Position Draft EP amendments Draft Amendment 5
Recital 6 a (new)
(6a) Die Personen, für die diese Verordnung gilt, werden vom zuständigen Organ eine fristgerechte Antwort auf ihre Ersuchen erhalten. Die Antwort sollte in den Mitgliedstaaten, in deren Sozialgesetzgebung Fristen bestehen, innerhalb dieser Fristen erfolgen. Diejenigen Mitgliedstaaten, in deren Sozialgesetzgebung keine solchen Fristen bestehen, sollten solche Fristen erlassen und sie erforderlichenfalls den Betroffenen zur Kenntnis bringen. Working translation The Council prefers the rapporteur´s suggestion in recital 6a subject to some drafting points, see above. 2 :
The persons to which this Regulation is applicable, will receive in due time a reply to their request from the competent authority. In those Member States where the social security legislation provides for deadlines, the reply should be provided within those deadlines. Those Member States, where such deadlines do not exist, should provide for such deadlines and if necessary communicate it to the persons concerned.
2
Pending availability of the official English version.
7286/09 MdP/mk ANNEX II DG G
Council Common Position Draft EP amendments Draft Amendment 6
Recital 21
(21) Informing insured persons of their rights and obligations is a crucial component of a relationship of trust with the competent authorities and the Member States' institutions. (21) Informing persons concerned of their rights and obligations is a crucial component of a relationship of trust with the competent authorities and the Member States' institutions. Information should include guidance on administrative procedures. Acceptable.
Draft Amendment 2
Article 3 - paragraph -1 (new)
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-1. The Member States shall ensure that the necessary information is made available to the persons covered by the basic Regulation in order to inform them of the changes introduced by the basic Regulation and by the implementing Regulation to enable them to assert their rights. They shall also provide for user friendly services. Acceptable, however subject to redrafting to be in line with the rest of Art. 3: - 1. The Member States shall ensure that the necessary information is made available to the persons concerned in order to inform them of the changes introduced by the basic Regulation and by the implementing Regulation to enable them to assert their rights. They shall also provide for user friendly services.
7286/09 MdP/mk ANNEX II DG G
Council Common Position Draft EP amendments Draft Amendment 3
Article 86 - paragraph 1 a (new)
1a. At the same time the Administrative Commission shall also assess the calculation periods set out in Article 13 with a view to possible simplification of the rules set out in that Article. 1a. At the same time, the Administrative Commission shall also assess the rules for conversion of periods set out in Article 13 with a view to their possible simplification. Draft Amendment 4
Article 89 - paragraph 3
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3.The Member States shall ensure that the necessary information is made available to the persons covered by the basic Regulation in order to inform them of the changes introduced by the basic Regulation and by the implementing Regulation to enable them to assert their rights. They shall also provide user-friendly services. deleted Acceptable. The provision was moved to Article 3 as a new paragraph -1
7286/09 MdP/mk ANNEX II DG G
Council Common Position Draft EP amendments Draft Amendment 7
Article 3 - paragraph 3
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3.To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall without delay forward the information and issue the documents to the persons concerned. 3. To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall forward the information and issue the documents to the persons concerned as soon as possible and in all cases within the deadlines prescribed by the social security legislation of the Member State in question. 3. To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall forward the information and issue the documents to the persons concerned without delay and in any case within any time limits specified under the legislation of the Member State in question.
Draft Amendment 9
Article 3 - paragraph 3 a (new)
3a. Personen, für die die Grundverordnung gilt, erhalten auf ihr Ersuchen eine fristgerechte Antwort nach den zuständigen einzelstaatlichen Rechts- oder Verwaltungsvorschriften. Working translation The proposal overlaps with AMT 7 by Mr. Ory - the deadlines for answering requests. Combination of both suggestions is contained in the compromise proposal to Art. 3(3) above. 3
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the persons, to which the basic Regulation is applicable, shall receive upon their request a reply in due time in line with the corresponding national laws or administrative regulations.
3
Pending availability of the official English version.
7286/09 MdP/mk ANNEX II DG G
Council Common Position Draft EP amendments Draft Amendment 11
Article 86 - paragraph 1 - subparagraph 1
No later than the fourth full calendar year after the entry into force of the implementing Regulation, the Administrative Commission shall present a report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation. No later than the fourth full calendar year after the entry into force of the implementing Regulation, the Administrative Commission shall present a comparative report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation. Acceptable.
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7286/09 MdP/mk ANNEX II DG G
