Inhoudsopgave van deze pagina:
Delen
amendments with a view to an agreement in second reading.
Delegations will find attached in Annex I to this document a comparative table regarding the draft
EP amendments on which common ground has been reached in the framework of the informal
Trialogues, in accordance with the position agreed in Coreper on 27 February and 13 March 2009.
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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)
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.
8102/09 MdP/mk ANNEX I DG G
Council Common Position Draft EP amendments 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. 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.
8102/09 MdP/mk ANNEX I DG G
Council Common Position Draft EP amendments 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
8102/09 MdP/mk ANNEX I DG G
Council Common Position Draft EP amendments Draft Amendment 5
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 limits exist. Member States whose social security legislation does not make provision for such time-limits should adopt them and make them known to concerned persons as necessary. The Council prefers the rapporteur´s suggestion in recital 6a subject to some drafting points, see above.
8102/09 MdP/mk ANNEX I 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. (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)
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 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.
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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 without delay and in any case within any time limits specified under the legislation of the Member State in question.
8102/09 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.
Draft Amendment 9
Article 3 - paragraph 3 a (new)
3a. Persons to whom the basic Regulation applies shall on request receive an answer by the relevant deadline in accordance with the legal or administrative provisions of the Member State concerned.. 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.
8102/09 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.The competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide those concerned with a document certifying that such legislation is applicable and indicating, where appropriate, until what date and under what conditions. 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.
The last sentence in Article 15(1) should be amended 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.
8102/09 MdP/mk ANNEX I 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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8102/09 MdP/mk ANNEX I DG G
