Tabletrilogue15
Dieses Dokument ist Teil der Anfrage „Koordinierung der Systeme der sozialen Sicherheit“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
v.04 /12/2020 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 Provisional Agreement of New compromise Rows Commission proposal EP Amendments Council Position March 2019 proposal 38. Regulation 987/2009 39. Article 1 Definitions 40a. 4a. For the purpose of the 2. (eb) ‘business trip’ means application of point (c) of a temporary working Article 12(1) and point (c) activity of short duration of Article 12(2) of the organised at short notice, or basic Regulation, another temporary activity “business trip” means a related to the business temporary activity related interests of the employer to the business interests of and not including the the employer, not provision of services or the including the provision of delivery of goods, such as services or the delivery of attending internal and goods, such as attending external business meetings, internal and external attending conferences and business meetings, seminars, negotiating attending conferences and business deals, exploring 1
v.04 /12/2020 seminars, negotiating business opportunities, or business deals, attending and receiving undertaking sales or training. 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 of the 5a. For the purposes of the 5a. For the purpose of the the application of Title application of Title II of application of Title II of the application of Title II of the II of the basic the basic Regulation, basic Regulation, ‘registered basic Regulation, ‘registered Regulation, ‘registered ‘registered office or place office or place of business’ office or place of business’ office or place of of business’ shall refer to shall refer to the registered shall refer to the registered business’ shall refer to the registered office or office or place of business office or place of business the registered office or place of business where where the essential where the essential decisions place of business where the essential decisions of decisions of the undertaking of the undertaking are the essential decisions the undertaking are are adopted and where the adopted and where the of the undertaking are adopted and where the functions of its central functions of its central adopted and where the functions of its central administration are carried administration are carried out. functions of its central administration are carried out provided the In determining the location administration are out, provided the undertaking performs a of the registered office or carried out, provided undertaking performs a substantial activity in that place of business, a series of the undertaking substantial activity in Member State. Otherwise, factors shall be taken into performs a substantial that Member State. it shall be deemed to be account, such as the activity in that Otherwise, it shall be situated in the Member turnover, the number of Member State. deemed to be situated in State where the centre of services rendered by its Otherwise, it shall be the Member State where interest of activities of the employees and/or income, 2
v.04 /12/2020 deemed to be situated the centre of interest of undertaking determined in the working time performed in the Member State activities of the accordance with the in each Member State where the centre of undertaking determined criteria laid down in where the activity is interest of activities of in accordance with the paragraphs 9 and 10 is pursued, the places where the undertaking criteria laid down in located. In determining general meetings are held, determined in paragraphs 9 and 10 is the location of the and the habitual nature of accordance with the located. registered office or place the activity pursued. criteria laid down in of business, a series of paragraphs 9 and 10 is factors shall be taken into located. account, including: 78. The determination shall be The determination shall be carried out in the carried out in the framework of an overall framework of an overall assessment, giving due assessment, giving due weight to each of the weight to each of the criteria mentioned above. criteria mentioned above. The Administrative The Administrative Commission shall lay Commission shall lay down down the detailed the detailed arrangements arrangements for the for the determination. determination. 84. Article 15 Article 15 Article 15 Article 15 Procedures for the Procedures for the Procedures for the application Procedures for the application of Article application of Article of Article 11(3)(b) and (d), application of Article 11(3)(b) and (d), Article 11(3)(b) and (d), Article Article 11(4), Article 11(5) 11(3)(b) and (d), Article 11(4) and Article 12 of 11(4) and Article 12 of the and Article 12 of the basic 11(4), Article 11(5) and the basic Regulation (on basic Regulation (on the Regulation (on the provision Article 12 of the basic the provision of provision of information to of information to the Regulation (on the provision information to the the institutions concerned) institutions concerned) of information to the institutions concerned) institutions concerned) 85. 1. Unless otherwise 1. Unless otherwise 1. Unless otherwise 1. Unless otherwise provided provided for by Article provided for by Article 16 provided for by Article 16 for by Article 16 of the 16 of the implementing of the implementing of the implementing implementing Regulation, 3
v.04 /12/2020 Regulation, where a Regulation, where a Regulation, where a person with the exception of person pursues his person pursues his or her pursues his activity in a business trips, where a activity in a Member activity in a Member State Member State other than the person pursues his activity in State other than the or more than one Member Member State competent a Member State other than the Member State State other than the under Title II of the basic Member State competent competent under Title II Member State competent Regulation, the employer or, under Title II of the basic of the basic Regulation, under Title II of the basic in the case of a person who Regulation, the employer or, the employer or, in the Regulation, the employer does not pursue an activity in the case of a person who case of a person who or, in the case of a person as an employed person, the does not pursue an activity as does not pursue an who does not pursue an person concerned shall an employed person, the activity as an employed activity as an employed inform the competent person concerned shall person, the person person, the person institution of the Member inform the competent concerned shall inform concerned shall inform the State whose legislation is institution of the Member the competent competent institution of applicable thereof, State whose legislation is institution of the the Member State whose whenever possible in applicable thereof, whenever Member State whose legislation is applicable advance. That institution possible in advance. That legislation is applicable thereof in advance. That shall issue the attestation institution shall issue the thereof, whenever institution shall without referred to in Article 19(2) attestation referred to in possible in advance. delay make information of the implementing Article 19(2) of the That institution shall concerning the legislation Regulation to the person implementing Regulation to issue the attestation applicable to the person concerned and shall without the person concerned and referred to in Article concerned, pursuant to delay make information shall without delay make 19(2) of the Article 11(3)(b), Article 12 concerning the legislation information concerning the implementing or Article 13 of the basic applicable to that person, legislation applicable to that Regulation to the person Regulation, available to pursuant to Article 11(3)(b) person, pursuant to Article concerned and shall the person concerned and or Article 12 of the basic 11(3)(b) or Article 12 of the without delay make to the institution Regulation, available to the basic Regulation, available to information concerning designated by the institution designated by the the institution designated by the legislation competent authority of the competent authority of the the competent authority of the applicable to that Member State in which the Member State in which the Member State in which the person, pursuant to activity is pursued. activity is pursued. activity is pursued. Article 11(3)(b) or Article 12 of the basic AM 126 Regulation, available to 4
v.04 /12/2020 the institution designated by the competent authority of the Member State in which the activity is pursued. 86. 1a. For the purposes of 1a. For the purposes of the the application of Article application of Article 12 of 12, the employer or, in the the basic Regulation, and case of a person who does with the exception of not pursue an activity as business trips, in the an employed person, the situation where the person concerned shall attestation referred to in notify the competent Article 19(2) of this institution of the Member Regulation was not State whose legislation is provided prior to the start applicable thereof, in of the activity in another advance. Member State, the employer or, in the case of a AM 126 person who does not pursue an activity as an employed person, the person 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. 5
v.04 /12/2020 Unemployment Benefits Commission Provisional Agreement of New compromise Rows EP Amendments Council Position proposal March 2019 proposal 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 unemployed partially or activity as an employed or intermittently person who person who, during his or intermittently self-employed person is partially or her last activity as an unemployed and resided in a Member State intermittently employed or self-employed who, during his or other than the competent unemployed and who, person resided in a Member /her last activity as an Member State shall make during his or /her last State, other than the employed or self- himself or herself activity as an employed or competent Member State employed person, available to the former self-employed person, shall make himself or resided in a Member employer or to the resided in a Member State, herself available to the State, other than the employment services in other than the competent employment services in competent Member the competent Member Member State shall make the competent Member State shall make State. Such a person shall himself or /herself State, or where applicable, himself or /herself receive benefits in available to the in the case of partially or available to his/her accordance with the employment services in intermittently unemployed the former employer legislation of the the competent Member persons, to the employer to or to the competent Member State State, or where whom the worker remains employment services as if he or she were applicable, in the case of available. Such a person in the competent residing in that Member partially or shall receive benefits in Member State. State. These benefits shall intermittently accordance with the He/she Such a be provided by the unemployed persons, to legislation of the competent person shall receive institution of the his/her the former Member State as if he or benefits in accordance competent Member State. employer or to whom the she were residing in that with the legislation of Such a person may also employment services in Member State. Such the competent make himself or herself the competent Member benefits shall be provided Member State as if he available to the State worker remains 6
v.04 /12/2020 Commission Provisional Agreement of New compromise Rows EP Amendments Council Position proposal March 2019 proposal or /she were residing employment services of available. He/she Such a by the institution of the in that Member State. the Member State of person shall receive competent Member State. These benefits shall residence. He or she may benefits in accordance be provided by the also make himself or with the legislation of the institution of the herself available to a competent Member State competent Member cross-border employment as if he or /she were State. service, where such a residing in that Member service exists in the State. These Such benefits geographic area of his or shall be provided by the her job research. institution of the competent Member State. AM 98 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. 7
v.04 /12/2020 Commission Provisional Agreement of New compromise Rows EP Amendments Council Position proposal March 2019 proposal 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 to resided in a Member shall receive benefits in Member State, continues 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 in or she had completed all continues to reside in uninterrupted period of at that Member State periods of insurance under that Member State or least six months of or returns to that the legislation of that returns to that had not insurance, employment or had not completed at Member State. Those completed an self-employment least 12 months of benefits shall be provided uninterrupted period of exclusively under the unemployment by the institution of the at least 12 three months legislation of the insurance exclusively Member State of of unemployment competent Member State, under the legislation residence. […] insurance, employment shall make himself or of the competent or self-employment /herself available to the Member State, shall AM 98 exclusively under the employment services in the make himself or legislation of the Member State of residence. /herself available to competent Member State, Such a person shall the employment shall make himself or receive benefits in services in of the /herself available to the accordance with the Member State of employment services in of legislation of the Member residence. Such a in the Member State of State of residence as if he person shall receive residence. Such a person or she had completed all 8
v.04 /12/2020 Commission Provisional Agreement of New compromise Rows EP Amendments Council Position proposal March 2019 proposal benefits in shall receive benefits in periods of insurance, accordance with the accordance with the employment or self- legislation of the legislation of the Member employment under the Member State of State of residence as if he legislation of that Member residence as if he or or she had completed all State. Those benefits shall she had completed periods of insurance, be provided by the all periods of employment or self- institution of the Member insurance under the employment under the State of residence. legislation of that legislation of that Alternatively, a wholly Member State. Member State. Those unemployed person Those benefits shall benefits shall be provided referred to in this be provided by the by the institution of the paragraph, who would be institution of the Member State of entitled to unemployment Member State of residence. Without benefits solely under the residence. Without prejudice to Article 64 national legislation of the prejudice to Article Alternatively, a wholly competent Member State 64 Alternatively, a unemployed person without the application of wholly unemployed referred to in this Article 6, may instead opt person referred to in paragraph, who would to make himself or herself this paragraph, who be entitled to an available to the employment would be entitled to unemployment benefits services in that Member an unemployment solely under the national State and to receive benefit solely under legislation of the benefits in accordance the national competent Member State with the legislation of that legislation of the without the application Member State as if he or competent Member of Article 6, if he or she she were residing there. State if he or she resided there, may as a resided there, may as supplementary step a supplementary instead opt to make step instead opt to himself/herself make himself/herself themselves himself or 9
v.04 /12/2020 Commission Provisional Agreement of New compromise Rows EP Amendments Council Position proposal March 2019 proposal themselves available herself available to the to the employment employment services in services in that of the that of the Member State Member State and to and to receive benefits in receive benefits in accordance with the accordance with the legislation of that legislation of that Member State as if he or Member State as if she were residing there he or she were in which he/she pursued residing there in his/her last activity as an which he/she employed or self- pursued his/her last employed person. activity as an An unemployed person, employed or self- other than a frontier employed person. worker, who does not An unemployed return to his/her person, other than a Member State of frontier worker, who residence, shall make does not return to himself/herself available his/her Member to the employment State of residence, services in the Member shall make State to whose legislation himself/herself he/she was last subject. available to the employment services in the Member State to whose legislation he/she was last subject. 68. 2a. Paragraph 2 shall not 2a. Paragraph 2 shall not apply to a wholly apply to a wholly 10
