20191107_table_after_trilogue_9
Dieses Dokument ist Teil der Anfrage „Koordinierung der Systeme der sozialen Sicherheit“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
v. 7/11/2019 Applicable Legislation + Unemployment Benefits extracts on core rows - Plain text: text of the original Regulations (EC) No. 883/2004 and No. 987/2009; - Bold: proposals of the Commission (2016/0397 (COD)) compared to the original Regulations; - Bold underlined italic: amendments proposed by the European Parliament (PE612058v03-00EN); - Bold underlined: amendments proposed by the Council (ST 10295/18), Provisional Agreement of March 2019 and new Compromise Proposals. Applicable Legislation Rows Commission proposal EP Amendments Council Position Draft agreement New Compromise Proposals 38. Regulation 987/2009 39. Article 1 Definitions 40a. 4a. For the purpose 2. (eb) ‘business trip’ means of the application of a temporary working point (c) of Article activity of short duration 12(1) and point (c) of organised at short notice, or Article 12(2) of the another temporary activity basic Regulation, related to the business “business trip” means interests of the employer a temporary activity and not including the related to the business provision of services or the interests of the delivery of goods, such as employer, not attending internal and including the external business meetings, provision of services attending conferences and or the delivery of seminars, negotiating goods, such as business deals, exploring attending internal business opportunities, or and external business 1
v. 7/11/2019 meetings, attending attending and receiving conferences and training. seminars, negotiating business deals, undertaking sales or marketing activities, performing internal or client audits, exploring business opportunities, or attending and receiving training. AM 123 N.B.: originally in row 69 58. Article 14 Details relating to Articles 12 and 13 of the basic Regulation 71. 5a. For the purposes of 5a. For the purposes 5a. For the purposes of 5a. For the purpose of the the application of Title II of the application of the application of Title II application of Title II of the of the basic Regulation, Title II of the basic of the basic Regulation, basic Regulation, ‘registered ‘registered office or place Regulation, ‘registered office or place office or place of business’ of business’ shall refer to ‘registered office or of business’ shall refer to shall refer to the registered the registered office or place of business’ the registered office or office or place of business place of business where shall refer to the place of business where where the essential decisions the essential decisions of registered office or the essential decisions of of the undertaking are the undertaking are place of business the undertaking are adopted and where the adopted and where the where the essential adopted and where the functions of its central functions of its central decisions of the functions of its central administration are carried out. administration are carried undertaking are administration are carried In determining the location out, provided the adopted and where the out provided the of the registered office or undertaking performs a functions of its central undertaking performs a place of business, a series of substantial activity in administration are substantial activity in factors shall be taken into 2
v. 7/11/2019 that Member State. carried out, provided that Member State. account, such as the Otherwise, it shall be the undertaking Otherwise, it shall be turnover, the number of deemed to be situated performs a deemed to be situated services rendered by its in the Member State substantial activity in the Member State employees and/or income, where the centre of in that Member where the centre of the working time performed interest of activities of State. Otherwise, it interest of activities of in each Member State the undertaking shall be deemed to be the undertaking where the activity is determined in situated in the determined in pursued, the places where accordance with the Member State where accordance with the general meetings are held, criteria laid down in the centre of interest criteria laid down in and the habitual nature of paragraphs 9 and 10 is of activities of the paragraphs 9 and 10 is the activity pursued. located. undertaking located. In determining determined in the location of the accordance with the registered office or criteria laid down in place of business, a paragraphs 9 and 10 series of factors shall be is located. taken into account, including: 78. The determination shall The determination shall be be carried out in the carried out in the framework of an framework of an overall overall assessment, assessment, giving due giving due weight to weight to each of the each of the criteria criteria mentioned above. mentioned above. The The Administrative Administrative Commission shall lay down Commission shall lay the detailed arrangements down the detailed for the determination. arrangements for the determination. 84. Article 15 Article 15 Article 15 Article 15 Procedures for the Procedures for the Procedures for the Procedures for the application application of Article application of Article application of Article of Article 11(3)(b) and (d), 11(3)(b) and (d), Article 11(3)(b) and (d), 11(3)(b) and (d), Article Article 11(4), Article 11(5) 3
v. 7/11/2019 11(4) and Article 12 of Article 11(4) and 11(4), Article 11(5) and and Article 12 of the basic the basic Regulation (on Article 12 of the basic Article 12 of the basic Regulation (on the provision the provision of Regulation (on the Regulation (on the of information to the information to the provision of provision of information institutions concerned) institutions concerned) information to the to the institutions institutions concerned) concerned) 85. 1. Unless otherwise 1. Unless otherwise 1. Unless otherwise 1. Unless otherwise provided provided for by Article provided for by provided for by Article for by Article 16 of the 16 of the implementing Article 16 of the 16 of the implementing implementing Regulation, Regulation, where a implementing Regulation, where a with the exception of person pursues his Regulation, where a person pursues his business trips, where a activity in a Member person pursues his or activity in a Member person pursues his activity in State other than the her activity in a State other than the a Member State other than the Member State competent Member State or more Member State competent Member State competent under Title II of the basic than one Member under Title II of the basic under Title II of the basic Regulation, the employer State other than the Regulation, the employer Regulation, the employer or, or, in the case of a person Member State or, in the case of a person in the case of a person who who does not pursue an competent under Title who does not pursue an does not pursue an activity as activity as an employed II of the basic activity as an employed an employed person, the person, the person Regulation, the person, the person person concerned shall concerned shall inform employer or, in the concerned shall inform inform the competent the competent institution case of a person who the competent institution institution of the Member of the Member State does not pursue an of the Member State State whose legislation is whose legislation is activity as an whose legislation is applicable thereof, whenever applicable thereof, employed person, the applicable thereof, possible in advance. That whenever possible in person concerned whenever possible in institution shall issue the advance. That institution shall inform the advance. That institution attestation referred to in shall issue the attestation competent institution shall issue the attestation Article 19(2) of the referred to in Article of the Member State referred to in Article implementing Regulation to 19(2) of the whose legislation is 19(2) of the the person concerned and implementing Regulation applicable thereof in implementing Regulation shall without delay make to the person concerned advance. That to the person concerned information concerning the and shall without delay institution shall and shall without delay legislation applicable to that make information without delay make make information person, pursuant to Article 4
v. 7/11/2019 concerning the information concerning the 11(3)(b) or Article 12 of the legislation applicable to concerning the legislation applicable to basic Regulation, available to that person, pursuant to legislation applicable that person, pursuant to the institution designated by Article 11(3)(b) or to the person Article 11(3)(b) or the competent authority of the Article 12 of the basic concerned, pursuant Article 12 of the basic Member State in which the Regulation, available to to Article 11(3)(b), Regulation, available to activity is pursued. the institution designated Article 12 or Article the institution designated by the competent 13 of the basic by the competent authority of the Member Regulation, available authority of the Member State in which the to the person State in which the activity is pursued. concerned and to the activity is pursued. institution designated by the competent authority of the Member State in which the activity is pursued. AM 126 86. 1a. For the purposes 1a. For the purposes of the of the application of application of Article 12 of Article 12, the the basic Regulation, and employer or, in the with the exception of case of a person who business trips, in the does not pursue an situation where the activity as an attestation referred to in employed person, the Article 19(2) of this person concerned Regulation was not shall notify the provided prior to the start competent institution of the activity in another of the Member State Member State, the whose legislation is employer or, in the case of a applicable thereof, in person who does not pursue advance. an activity as an employed 5
v. 7/11/2019 person, the person AM 126 concerned shall make available, at the request of the institution of the Member State in which the activity is pursued, evidence that he or she has informed the competent institution referred to in paragraph 1 of this Article prior to the start of the activity in another Member State. 6
v. 7/11/2019 Unemployment Benefits Commission Provisional Agreement of Rows EP Amendments Council Position New Compromise Proposals proposal March 2019 50. FRONTIER WORKERS 51. Regulation 883/2004 64. Article 65 Unemployed persons who resided in a Member State other than the competent State 65. 1. An unemployed 1. An unemployed person 1. An unemployed 1. A wholly, partially or person who is who, during his or her last wholly, partially or intermittently partially or activity as an employed or intermittently person who unemployed person who, intermittently self-employed person is partially or during his or her last unemployed and resided in a Member State intermittently activity as an employed or who, during his or other than the competent unemployed and who, self-employed person /her last activity as an Member State shall make during his or /her last resided in a Member State, employed or self- himself or herself available activity as an employed or other than the competent employed person, to the former employer or self-employed person, Member State shall make resided in a Member to the employment resided in a Member State, himself or herself State, other than the services in the competent other than the competent available to the competent Member Member State. Such a Member State shall make employment services in State shall make person shall receive himself or /herself the competent Member himself or /herself benefits in accordance available to the State, or where available to his/her with the legislation of the employment services in applicable, in the case of the former employer competent Member State the competent Member partially or or to the as if he or she were State, or where intermittently employment residing in that Member applicable, in the case of unemployed persons, to services in the State. These benefits shall partially or the employer to whom the competent Member be provided by the intermittently worker remains State. He/she Such a institution of the unemployed persons, to available. Such a person person shall receive competent Member State. his/her the former shall receive benefits in benefits in Such a person may also employer or to whom the accordance with the accordance with the make himself or herself employment services in legislation of the legislation of the available to the the competent Member competent Member State 7
v. 7/11/2019 Commission Provisional Agreement of Rows EP Amendments Council Position New Compromise Proposals proposal March 2019 competent Member employment services of State worker remains as if he or she were State as if he or /she the Member State of available. He/she Such a residing in that Member were residing in that residence. He or she may person shall receive State. Such benefits shall Member State. These also make himself or benefits in accordance be provided by the benefits shall be herself available to a with the legislation of the institution of the provided by the cross-border employment competent Member State competent Member State. institution of the service, where such a as if he or /she were competent Member service exists in the residing in that Member State. geographic area of his or State. These Such benefits her job research. shall be provided by the institution of the AM 98 competent Member State. 66. 1a. The authorities of the […] competent Member State and of the Member State of residence shall cooperate closely and clarify to job seekers the competence of the public employment service responsible for their follow-up. They shall also ensure that exchanges between the competent institution and the job seeker are carried out in a language understood by the latter, possibly involving EURES advisers in these services. 8
v. 7/11/2019 Commission Provisional Agreement of Rows EP Amendments Council Position New Compromise Proposals proposal March 2019 AM 98 67. 2. By way of 2. Where a person as 2. By way of derogation 2. By way of derogation derogation from referred to in paragraph 1 from paragraph 1, aA from paragraph 1, a paragraph 1, aA makes himself or herself wholly unemployed person wholly unemployed person wholly unemployed available to the who, during his/her the who, during his or her last person who, during employment service of the his or her last activity as activity as an employed or his/her the last Member State of residence an employed or self- self-employed person, activity as an in accordance with the employed person, resided resided in a Member State employed or self- second subparagraph of in a Member State other other than the competent employed person, that paragraph, he or she than the competent Member State, continues resided in a Member shall receive benefits in Member State, continues to reside in that Member State other than the accordance with the to reside in that Member State or returns to that competent Member legislation of the Member State or returns to that Member State, and who State, and who State of residence as if he Member State, and who had not completed an continues to reside or she had completed all continues to reside in uninterrupted period of in that Member periods of insurance under that Member State or at least six months of State or returns to the legislation of that returns to that had not insurance, employment that had not Member State. Those completed an or self-employment completed at least benefits shall be provided uninterrupted period of exclusively under the 12 months of by the institution of the at least 12 three months legislation of the unemployment Member State of of unemployment competent Member State, insurance residence. […] insurance, employment shall make himself or exclusively under or self-employment /herself available to the the legislation of the AM 98 exclusively under the employment services in competent Member legislation of the the Member State of State, shall make competent Member State, residence. Such a person himself or /herself shall make himself or shall receive benefits in available to the /herself available to the accordance with the employment services employment services in of legislation of the in of the Member in the Member State of Member State of State of residence. residence. Such a person residence as if he or she 9
v. 7/11/2019 Commission Provisional Agreement of Rows EP Amendments Council Position New Compromise Proposals proposal March 2019 Such a person shall shall receive benefits in had completed all receive benefits in accordance with the periods of insurance, accordance with the legislation of the employment or self- legislation of the Member State of employment under the Member State of residence as if he or she legislation of that residence as if he or had completed all Member State. Those she had completed periods of insurance, benefits shall be all periods of employment or self- provided by the insurance under the employment under the institution of the legislation of that legislation of that Member State of Member State. Member State. Those residence. Alternatively, Those benefits shall benefits shall be a wholly unemployed be provided by the provided by the person referred to in this institution of the institution of the paragraph, who would Member State of Member State of be entitled to residence. Without residence. Without unemployment benefits prejudice to Article prejudice to Article 64 solely under the national 64 Alternatively, a Alternatively, a wholly legislation of the wholly unemployed unemployed person competent Member State person referred to referred to in this without the application in this paragraph, paragraph, who would of Article 6, may instead who would be be entitled to an opt to make himself or entitled to an unemployment benefits herself available to the unemployment solely under the national employment services in benefit solely under legislation of the that Member State and to the national competent Member State receive benefits in legislation of the without the application accordance with the competent Member of Article 6, if he or she legislation of that State if he or she resided there, may as a Member State as if he or resided there, may supplementary step she were residing there. as a supplementary instead opt to make 10
