Trilogue1_UnemploymentBenefits_UB
Dieses Dokument ist Teil der Anfrage „Koordinierung der Systeme der sozialen Sicherheit“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
v. 19/12/2018 Provisions in proposal related to: Unemployment Benefits - 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); - Some rows where none of the institutions have made amendments have been inserted for information purposes only. Rows Commission proposal EP Amendments Council Position Comments 1. AGGREATION OF INSURANCE PERIODS 2. Regulation 883/2004 3. Article 60a (new) Special rules on aggregation of periods for unemployment benefits 4. For the purposes of the application of Article 6 within this Chapter, only the periods which are taken into account under the legislation of the Member State in which they were completed for the purpose of acquiring and retaining the right to unemployment benefits shall be aggregated by the competent Member State. 5. Regulation 883/2004 6. Article 61 Special rules on aggregation of periods of insurance, employment or self-employment 7. 1. The competent institution of 1. The competent institution of 1. The competent institution of All three institutions have the a Member State whose a Member State whose a Member State whose same position legislation makes the legislation makes the legislation makes the acquisition, retention, recovery acquisition, retention, recovery acquisition, retention, recovery 1
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments or duration of the right to or duration of the right to or duration of the right to benefits conditional upon the benefits conditional upon the benefits conditional upon the completion of either periods of completion of either periods of completion of either periods of insurance, employment or self- insurance, employment or self- insurance, employment or self- employment shall, to the employment shall, to the employment shall, to the extent necessary, take into extent necessary, take into extent necessary, take into account periods of insurance, account periods of insurance, account periods of insurance, employment or self- employment or self- employment or self- employment completed under employment completed under employment completed under the legislation of any other the legislation of any other the legislation of any other Member State as though they Member State as though they Member State as though they were completed under the were completed under the were completed under the legislation it applies. legislation it applies. legislation it applies. 8. However, when the applicable However, when the applicable However, when the applicable All three institutions have the legislation makes the right to legislation makes the right to legislation makes the right to same position benefits conditional on the benefits conditional on the benefits conditional on the completion of periods of completion of periods of completion of periods of insurance, the periods of insurance, the periods of insurance, the periods of employment or self- employment or self- employment or self- employment completed under employment completed under employment completed under the legislation of another the legislation of another the legislation of another Member State shall not be Member State shall not be Member State shall not be taken into account unless such taken into account unless such taken into account unless such periods would have been periods would have been periods would have been considered to be periods of considered to be periods of considered to be periods of insurance had they been insurance had they been insurance had they been completed in accordance with completed in accordance with completed in accordance with the applicable legislation. the applicable legislation. the applicable legislation. 9. 1. Except in the cases referred to 1. Subject to paragraph 2, the 1. Except in the cases referred to in Article 65(2)[…], the competent institution of a in Article 65(2)(5)(a) and (2a), application of […] Article 6 Member State whose legislation the application of Articles 6 2
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments shall be conditional on the makes the acquisition, paragraph 1 of this Article and person concerned having […] retention, recovery or duration 60a by the member State of most recently completed a of the right to benefits most recent insurance, period of at least three months conditional upon the employment or self- of insurance, employment, or completion of either periods of employment shall be self-employment in accordance insurance, employment or self- conditional on the person with the […] legislation under employment shall, to the extent concerned having the most which the benefits are claimed. necessary, take into account recently completed an periods of insurance, uninterrupted period of at employment or self-employment least three one months of completed under the legislation insurance, employment, or of another Member State as self-employment, in accordance though they had been with the legislation under which completed under the legislation the benefits are claimed. that it applies. For this aggregation only the periods which are taken into account under the legislation of the Member State in which they were completed for the purpose of acquiring and retaining the right to unemployment benefits shall be aggregated by the competent Member State. AM 93 10. – periods of insurance, if that – periods of insurance, if that – periods of insurance, if that All three institutions have the legislation requires periods of legislation requires periods of legislation requires periods of same position insurance, insurance, insurance, 3
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments 11. – periods of employment, if – periods of employment, if – periods of employment, if All three institutions have the that legislation requires that legislation requires that legislation requires same position periods of employment, or periods of employment, or periods of employment, or 12. – periods of self-employment, – periods of self-employment, – periods of self-employment, All three institutions have the if that legislation requires if that legislation requires if that legislation requires same position periods of self-employment. periods of self-employment. periods of self-employment. 13. 2. Where an unemployed 2. The application of 2. Where an unemployed person does not satisfy the paragraph 1 shall be person has not completed an conditions for the aggregation conditional on the person uninterrupted period of at of periods in accordance with concerned having completed, least one month of insurance, paragraph 1 because the total in accordance with the employment or self- duration of his or her most legislation under which the employment does not satisfy recently completed periods of benefits are claimed: the conditions for the insurance, employment or self- (a) periods of insurance of at aggregation of periods in employment in that Member least one day, if that legislation accordance with paragraph 1, State is less than three months requires periods of insurance; because the total duration of that person shall be entitled to (b) periods of employment of at his or her most recently unemployment benefits in least one day, if that legislation completed periods of accordance with the legislation requires periods of insurance, employment or self- of the Member State where he employment; or employment in that Member or she had previously (c) periods of self-employment State is less than three months completed such periods under of at least one day, if that that person shall be entitled to the conditions and subject to legislation requires periods of unemployment benefits in the limitations laid down in self-employment. accordance with the legislation Article 64a. of the penultimate Member AM 93 State where he or she had previously completed such a periods of insurance, employment or self- employment, provided that such period was an 4
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments uninterrupted period of at least one month. The Member State which becomes competent in accordance with this paragraph shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a, to the extent necessary, and under the conditions and subject to the limitations laid down in Article 64a. 14. 3. Where an unemployed person has not completed an uninterrupted period of at least one month of insurance, employment or self- employment in any of the Member States referred to in paragraphs 1 and 2, the Member State of most recent insurance, employment or self- employment shall become competent, and shall provide the unemployment benefits, in accordance with its legislation, after applying Articles 6 and 60a, to the extent necessary. 15. Regulation 883/2004 16. Article 63 Special provisions for the waiving of residence rules 5
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments 17. For the purpose of this Chapter, For the purpose of this Chapter, For the purposes of this Chapter, No COM or EP proposal, Article 7 shall apply only in the Article 7 shall apply only in the Article 7 shall apply only in the contains CL amendment cases provided for by Articles cases provided for by Articles cases provided for by Articles 64, 65 and 65a and within the 64, 65 and 65a and within the 64, 64a and 65 and 65a and limits prescribed therein. limits prescribed therein. shall apply within the limits prescribed therein. 18. Regulation 883/2004 19. Article 64a (new) […] Article 64a (new) Special rules for unemployed Special rules for unemployed persons who moved to another AM 97 persons who moved to another Member State without Member State without fulfilling the conditions of fulfilling the conditions of Article 61(1) and Article 64 Article 61(1) and Article 64 20. In the situations referred to in […] 1. In the situations referred to Article 61(2), the Member in Article 61(2), the Member State to whose legislation the AM 97 State to whose legislation the unemployed person was unemployed person was previously subject shall previously subject shall become competent to provide become competent to provide unemployment benefits. They unemployment benefits. They shall be provided at the shall be provided at the expense of the competent expense of the that becomes institution for the period laid competent institution shall down in Article 64(1)(c), if the provide unemployment unemployed person makes benefits, in accordance with its himself/herself available to the legislation, for the period laid employment services in the down in Article 64(1)(c), if the Member State of most recent unemployed person makes insurance and adheres to the himself/herself available to the conditions laid down under the employment services in the legislation of that Member Member State of most recent 6
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments State. Article 64 (2) to (4) shall period of insurance, apply mutatis mutandis. employment or self- employment and adheres to the conditions laid down under the legislation of that Member State. In this case, registration with the employment services of the Member State of the most recent period of insurance, employment or self- employment shall have the same effect as registration with the employment services of the competent Member State. Article 64 (2) to (4) shall apply mutatis mutandis. 21. 2. Alternatively, if the unemployed person referred to in paragraph 1 wishes to seek work in a Member State other than the Member State competent for unemployment benefits or the Member State of most recent period of insurance, employment or self- employment, Article 64 shall apply mutatis mutandis. For these purposes, Article 64(1)(a) shall be read as referring to the employment services of the Member State of most recent 7
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments period of insurance, employment or self- employment." 22. Regulation 987/2009 23. Recital 13 24. (13) This Regulation provides (13) This Regulation provides (13) This Regulation provides for measures and procedures to for measures and procedures to for measures and procedures to promote the mobility of promote the mobility of promote the mobility of employees and unemployed employees and unemployed employees and unemployed persons. Frontier workers who persons. Frontier workers who persons. Frontier workers who have become wholly have become wholly have become wholly unemployed may make unemployed may make unemployed may make themselves available to the themselves available to the themselves available to the employment services in both employment services in both employment services in both their country of residence and their country of residence and their country of residence and the Member State where they the Member State where they the Member State where they were last employed. However, were last employed. […] were last employed. However, they should be entitled to they should be entitled to benefits only from their Member AM 108 benefits only from their Member State of residence. State of residence. 25. Regulation 987/2009 26. Article 55a (new) […] Article 54a (new) Obligation of employment Procedures for the application service of the Member State of AM 146 of Article 61(2) of the basic most recent insurance Regulation 27. In the situation referred to in […] -1. In the situation referred to Article 61(2) of the basic in Article 61(2) of the basic Regulation, the institution of AM 146 Regulation, the unemployed the Member State of most person shall register as a recent insurance shall person seeking work with the immediately send a document employment services of the 8
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments to the competent institution of Member State of most recent the Member State of previous period of insurance, insurance containing: the date employment or self- on which the person concerned employment and shall submit had become unemployed, the a claim for benefit to the period of insurance, institution of that Member employment or self- State. employment completed under its legislation, the relevant If the claim is submitted to the circumstances of the institution of the Member unemployment likely to affect State referred to in Article entitlement to benefits, the 61(2) of the basic Regulation, date of registration as that institution shall unemployed person and their immediately forward the claim address. to the institution of the Member State of most recent period of insurance, employment or self- employment for investigation. The date on which the initial claim was submitted shall apply in all institutions concerned. 28. 1. Following the investigation of the claim by the institution of the Member State of the most recent period of insurance, employment or self- employment, if it is determined that the unemployed person does not 9
v. 19/12/2018 Rows Commission proposal EP Amendments Council Position Comments satisfy the conditions for aggregation referred to in Article 61(1) of the basic Regulation, and it is evident from the information available to it that the unemployed person completed the necessary period to be entitled to receive benefits in accordance with Article 61(2) of the basic Regulation, it shall immediately send a document to the institution of the Member State referred to in Article 61(2) of the basic Regulation. Otherwise, the institution of the Member State of most recent period of insurance, employment or self- employment shall contact the institution referred to in Article 61(2) of the basic Regulation, prior to sending the document, in order to determine whether the period specified in Article 61(2) of the basic Regulation was completed in that Member State. 29. 2. The document referred to in paragraph 1 shall include 10
