20191118_table_after_trilogue_11
Dieses Dokument ist Teil der Anfrage „Koordinierung der Systeme der sozialen Sicherheit“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
v. 13/11/2019 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 Council drafting suggestions 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 1
v. 13/11/2019 attending internal business opportunities, or and external business attending and receiving meetings, attending training. conferences and 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 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 application of Title II of the of the basic Regulation, Title II of the basic of the basic Regulation, basic Regulation, ‘registered basic Regulation, ‘registered ‘registered office or place Regulation, ‘registered office or place office or place of business’ office or place of business’ of business’ shall refer to ‘registered office or of business’ shall refer to shall refer to the registered shall refer to the registered the registered office or place of business’ the registered office or office or place of business office or place of business place of business where shall refer to the place of business where where the essential decisions where the essential decisions of the essential decisions of registered office or the essential decisions of of the undertaking are the undertaking are adopted the undertaking are place of business the undertaking are adopted and where the and where the functions of its adopted and where the where the essential adopted and where the functions of its central central administration are functions of its central decisions of the functions of its central administration are carried out. 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 2
v. 13/11/2019 undertaking performs a functions of its central undertaking performs a place of business, a series of In determining the location substantial activity in administration are substantial activity in factors shall be taken into of the registered office or that Member State. carried out, provided that Member State. account, such as the place of business, a series of Otherwise, it shall be the undertaking Otherwise, it shall be turnover, the number of factors shall be taken into deemed to be situated performs a deemed to be situated services rendered by its account, such as the in the Member State substantial activity in the Member State employees and/or income, turnover, the number of where the centre of in that Member where the centre of the working time performed services rendered by its interest of activities of State. Otherwise, it interest of activities of in each Member State employees and/or income, the the undertaking shall be deemed to be the undertaking where the activity is working time performed in determined in situated in the determined in pursued, the places where each Member State where accordance with the Member State where accordance with the general meetings are held, the activity is pursued, the criteria laid down in the centre of interest criteria laid down in and the habitual nature of places where general paragraphs 9 and 10 is of activities of the paragraphs 9 and 10 is the activity pursued. meetings are held, and the located. undertaking located. In determining habitual nature of the determined in the location of the activity pursued. 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 The determination shall be be carried out in the carried out in the carried out in the framework framework of an framework of an overall of an overall assessment, overall assessment, assessment, giving due giving due weight to each of giving due weight to weight to each of the the criteria mentioned above. each of the criteria criteria mentioned above. The Administrative mentioned above. The The Administrative Commission shall lay down Administrative Commission shall lay down the detailed arrangements Commission shall lay the detailed arrangements for the determination. down the detailed for the determination. arrangements for the determination. 84. Article 15 Article 15 Article 15 Article 15 3
v. 13/11/2019 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) 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 1. Unless otherwise provided provided for by Article provided for by provided for by Article for by Article 16 of the for by Article 16 of the 16 of the implementing Article 16 of the 16 of the implementing implementing Regulation, implementing Regulation, with Regulation, where a implementing Regulation, where a with the exception of the exception of business person pursues his Regulation, where a person pursues his business trips, where a trips, where a person pursues activity in a Member person pursues his or activity in a Member person pursues his activity in his activity in a Member State State other than the her activity in a State other than the a Member State other than the other than the Member State Member State competent Member State or more Member State competent Member State competent competent under Title II of the under Title II of the basic than one Member under Title II of the basic under Title II of the basic basic Regulation, the employer Regulation, the employer State other than the Regulation, the employer Regulation, the employer or, or, in the case of a person who or, in the case of a person Member State or, in the case of a person in the case of a person who does not pursue an activity as who does not pursue an competent under Title who does not pursue an does not pursue an activity as an employed person, the activity as an employed II of the basic activity as an employed an employed person, the person concerned shall inform person, the person Regulation, the person, the person person concerned shall the competent institution of the concerned shall inform employer or, in the concerned shall inform inform the competent Member State whose the competent institution case of a person who the competent institution institution of the Member legislation is applicable of the Member State does not pursue an of the Member State State whose legislation is thereof, whenever possible in whose legislation is activity as an whose legislation is applicable thereof, whenever advance. That institution shall applicable thereof, employed person, the applicable thereof, possible in advance. That issue the attestation referred to whenever possible in person concerned whenever possible in institution shall issue the in Article 19(2) of the advance. That institution shall inform the advance. That institution attestation referred to in implementing Regulation to shall issue the attestation competent institution shall issue the attestation Article 19(2) of the the person concerned and shall referred to in Article of the Member State referred to in Article implementing Regulation to without delay make 19(2) of the whose legislation is 19(2) of the the person concerned and information concerning the implementing Regulation applicable thereof in implementing Regulation shall without delay make legislation applicable to that 4
v. 13/11/2019 to the person concerned advance. That to the person concerned information concerning the person, pursuant to Article and shall without delay institution shall and shall without delay legislation applicable to that 11(3)(b) or Article 12 of the make information without delay make make information person, pursuant to Article basic Regulation, available to concerning the information concerning the 11(3)(b) or Article 12 of the the institution designated by legislation applicable to concerning the legislation applicable to basic Regulation, available to the competent authority of the that person, pursuant to legislation applicable that person, pursuant to the institution designated by Member State in which the Article 11(3)(b) or to the person Article 11(3)(b) or the competent authority of the activity is pursued. 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 1a. For the purposes of the of the application of application of Article 12 of application of Article 12 of Article 12, the the basic Regulation, and the basic Regulation, and employer or, in the with the exception of with the exception of business case of a person who business trips, in the trips, iIn the situation where does not pursue an situation where the the attestation referred to in activity as an attestation referred to in Article 19(2) of this employed person, the Article 19(2) of this Regulation was not provided person concerned Regulation was not prior to the start of the shall notify the provided prior to the start activity in another Member competent institution of the activity in another State, the employer or, in the of the Member State Member State, the case of a person who does not 5
v. 13/11/2019 whose legislation is employer or, in the case of a pursue an activity as an applicable thereof, in person who does not pursue employed person, the person advance. an activity as an employed concerned shall make person, the person available, at the request of AM 126 concerned shall make the institution of the Member available, at the request of State in which the activity is the institution of the pursued, evidence that he or Member State in which the she has informed the activity is pursued, evidence competent institution that he or she has informed referred to in paragraph 1 of the competent institution this Article prior to the start referred to in paragraph 1 of the activity in another of this Article prior to the Member State. start of the activity in another Member State. 4 new. A person pursuing activity in a Member State other than the Member State competent under Title II of the basic Regulation for an expected duration of maximum xx days, and/or his or her employer, is not obliged to follow the procedure provided in paragraphs 1 and 1a. 6
v. 13/11/2019 Unemployment Benefits Commission Provisional Agreement of Rows EP Amendments Council Position Council drafting suggestions proposal March 2019 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 1. A wholly, partially or person who is who, during his or her last wholly, partially or intermittently intermittently unemployed partially or activity as an employed or intermittently person who unemployed person who, person who, during his or her intermittently self-employed person is partially or during his or her last last activity as an employed or unemployed and resided in a Member State intermittently activity as an employed or self-employed person resided who, during his or other than the competent unemployed and who, self-employed person in a Member State, other than /her last activity as an Member State shall make during his or /her last resided in a Member State, the competent Member State employed or self- himself or herself available activity as an employed or other than the competent shall make himself or herself employed person, to the former employer or self-employed person, Member State shall make available to the employment resided in a Member to the employment resided in a Member State, himself or herself services in the competent State, other than the services in the competent other than the competent available to the Member State, or where competent Member Member State. Such a Member State shall make employment services in applicable, in the case of State shall make person shall receive himself or /herself the competent Member partially or intermittently himself or /herself benefits in accordance available to the State, or where unemployed persons, to the available to his/her with the legislation of the employment services in applicable, in the case of employer to whom the worker the former employer competent Member State the competent Member partially or remains available. Such a or to the as if he or she were State, or where intermittently person shall receive benefits employment residing in that Member applicable, in the case of unemployed persons, to in accordance with the services in the State. These benefits shall partially or the employer to whom the legislation of the competent competent Member be provided by the intermittently worker remains Member State as if he or she State. He/she Such a institution of the unemployed persons, to available. Such a person were residing in that Member person shall receive competent Member State. his/her the former shall receive benefits in State. Such benefits shall be benefits in Such a person may also employer or to whom the accordance with the provided by the institution of accordance with the make himself or herself employment services in legislation of the the competent Member State. legislation of the available to the the competent Member competent Member State competent Member employment services of State worker remains as if he or she were 7
v. 13/11/2019 Commission Provisional Agreement of Rows EP Amendments Council Position Council drafting suggestions proposal March 2019 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. Without prejudice to Article 65(3), notwithstanding the fact that the person referred to in this paragraph resides in a Member State other than the competent Member State, he/she shall be subject to the control procedures and shall adhere to the conditions laid down under the legislation of the competent Member State, including the requirement that such person must make himself/herself available to the employment services of the competent Member State. 66. 1a. The authorities of the […] […] competent Member State 8
v. 13/11/2019 Commission Provisional Agreement of Rows EP Amendments Council Position Council drafting suggestions proposal March 2019 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. AM 98 67. 2. By way of 2. Where a person as 2. By way of derogation 2. By way of derogation 2. By way of derogation from derogation from referred to in paragraph 1 from paragraph 1, aA from paragraph 1, a paragraph 1, a wholly paragraph 1, aA makes himself or herself wholly unemployed person wholly unemployed person unemployed person who, wholly unemployed available to the who, during his/her the who, during his or her last during his or her last activity person who, during employment service of the his or her last activity as activity as an employed or as an employed or self- his/her the last Member State of residence an employed or self- self-employed person, employed person, resided in a activity as an in accordance with the employed person, resided resided in a Member State Member State other than the employed or self- second subparagraph of in a Member State other other than the competent competent Member State, employed person, that paragraph, he or she than the competent Member State, continues continues to reside in that resided in a Member shall receive benefits in Member State, continues to reside in that Member Member State or returns to State other than the accordance with the to reside in that Member State or returns to that that Member State, and who competent Member legislation of the Member State or returns to that Member State, and who had not completed an State, and who State of residence as if he Member State, and who had not completed an uninterrupted period of at 9
v. 13/11/2019 Commission Provisional Agreement of Rows EP Amendments Council Position Council drafting suggestions proposal March 2019 1 continues to reside or she had completed all continues to reside in uninterrupted period of least […] months of in that Member periods of insurance under that Member State or at least six months of insurance, employment or State or returns to the legislation of that returns to that had not insurance, employment self-employment exclusively that had not Member State. Those completed an or self-employment under the legislation of the completed at least benefits shall be provided uninterrupted period of exclusively under the competent Member State, 12 months of by the institution of the at least 12 three months legislation of the shall make himself or /herself unemployment Member State of of unemployment competent Member State, available to the employment insurance residence. […] insurance, employment shall make himself or services in the Member State exclusively under or self-employment /herself available to the of residence. Such a person the legislation of the AM 98 exclusively under the employment services in shall receive benefits in competent Member legislation of the the Member State of accordance with the State, shall make competent Member State, residence. Such a person legislation of the Member himself or /herself shall make himself or shall receive benefits in State of residence as if he or available to the /herself available to the accordance with the she had completed all employment services employment services in of legislation of the periods of insurance, in of the Member in the Member State of Member State of employment or self- State of residence. residence. Such a person residence as if he or she employment under the Such a person shall shall receive benefits in had completed all legislation of that Member receive benefits in accordance with the periods of insurance, State. Those benefits shall be accordance with the legislation of the employment or self- provided by the institution of legislation of the Member State of employment under the the Member State of Member State of residence as if he or she legislation of that residence. Alternatively, a residence as if he or had completed all Member State. Those wholly unemployed person she had completed periods of insurance, benefits shall be referred to in this all periods of employment or self- provided by the paragraph, who would be insurance under the employment under the institution of the entitled to unemployment legislation of that legislation of that Member State of benefits solely under the Member State. Member State. Those residence. Alternatively, national legislation of the Those benefits shall benefits shall be a wholly unemployed competent Member State 1 Provisional Agreement: 6 months, Council General Approach: 3 months 10
