Trilogue4_Applicablelegislation
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: Applicable legislation - 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. Regulation 883/2004 2. Recital 18b 3. (18b) In Annex III, Subpart (18b) In Annex III, Subpart (18b) In Annex III, Subpart FTL All three institutions have the FTL to Council Commission FTL to Council Commission to Council Commission same position Regulation (EECEU) No Regulation (EECEU) No Regulation (EECEU) No 3922/91 3922/91 965/2012 of 16 3922/91 965/2012 of 16 965/2012 of 16 December 1991 December 1991 on the December 1991 on the on the harmonization of 5 harmonization of 5 October harmonization of 5 October October 2012 laying down 2012 laying down technical 2012 laying down technical technical requirements and requirements and requirements and administrative procedures in the administrative procedures in administrative procedures in field related to air operations the field related to air the field related to air pursuant to Regulation (EC) No operations pursuant to operations pursuant to 216/2008 of the European Regulation (EC) No 216/2008 Regulation (EC) No 216/2008 Parliament and the Council, as of the European Parliament of the European Parliament amended by Commission and the Council, as amended and the Council, as amended Regulation (EU) No 83/2014/EU 1 by Commission Regulation by Commission Regulation of civil aviation ( ),29 January (EU) No 83/2014/EU of civil (EU) No 83/2014/EU of civil 2014 amending Regulation (EU) 1 1 aviation ( ), 29 January 2014 aviation ( ), 29 January 2014 No 965/2012 laying down amending Regulation (EU) amending Regulation (EU) technical requirements and No 965/2012 laying down No 965/2012 laying down administrative procedures technical requirements and technical requirements and related to air operations 1
v. 19/12/2018 administrative procedures administrative procedures pursuant to Regulation (EC) No related to air operations related to air operations 216/2008 of the European 1 Parliament and the Council , the pursuant to Regulation (EC) pursuant to Regulation (EC) No 216/2008 of the European No 216/2008 of the European concept of ‘home base’ for flight 1 1 Parliament and the Council , Parliament and the Council , crew and cabin crew members is the concept of ‘home base’ for the concept of ‘home base’ for defined as the location flight crew and cabin crew flight crew and cabin crew nominated, assigned by the members is defined as the members is defined as the operator to the crew member, location nominated, assigned location nominated, assigned from where the crew member by the operator to the crew by the operator to the crew normally starts and ends a duty member, from where the crew member, from where the crew period, or a series of duty periods, member normally starts and member normally starts and and where, under normal ends a duty period, or a series ends a duty period, or a series conditions circumstances, the of duty periods, and where, of duty periods, and where, operator is not responsible for the under normal conditions under normal conditions accommodation of the crew circumstances, the operator is circumstances, the operator is member concerned. In order to not responsible for the not responsible for the facilitate the application of Title accommodation of the crew accommodation of the crew II of this Regulation for flight member concerned. In order member concerned. In order crew and cabin crew members, to facilitate the application of to facilitate the application of it is justified to use the concept Title II of this Regulation for Title II of this Regulation for of ‘home base’ as the criterion flight crew and cabin crew flight crew and cabin crew for determining the applicable members, it is justified to use members, it is justified to use legislation for flight crew and the concept of ‘home base’ as the concept of ‘home base’ as cabin crew members. However, the criterion for determining the criterion for determining the applicable legislation for the applicable legislation for the applicable legislation for flight crew and cabin crew flight crew and cabin crew flight crew and cabin crew members should remain stable members. However, the members. However, the and the home base principle applicable legislation for applicable legislation for should not result in frequent flight crew and cabin crew flight crew and cabin crew changes of applicable legislation members should remain members should remain due to the industry’s work stable and the home base stable and the home base patterns or seasonal demands. 1 OJ L 28, 31.01.2014, p. 17 2
v. 19/12/2018 principle should not result in principle should not result in frequent changes of frequent changes of applicable legislation due to applicable legislation due to the industry’s work patterns the industry’s work patterns or seasonal demands. or seasonal demands. 4. Article 11 General rules 5. 3.(c) a person receiving 3.(c) a person receiving 3.(c) a person receiving No COM or CL proposal, unemployment benefits in unemployment benefits in unemployment benefits in contains EP amendment accordance with Article 65 accordance with Article 65 accordance with Article 65 under under the legislation of the under the legislation of the the legislation of the Member Member State of residence Member State of residence or State of residence shall be subject shall be subject to the of the Member State of his or to the legislation of that Member legislation of that Member her most recent activity as an State; State; employed or self-employed person shall be subject to the legislation of that Member State; AM 70 6. 4. For the purposes of this 4. For the purposes of this 4. For the purposes of this Title, No COM or CL proposal, Title, an activity as an Title, an activity as an an activity as an employed or self- contains EP amendment employed or self-employed employed or self-employed employed person normally person normally pursued on person normally pursued on pursued on board a vessel at sea board a vessel at sea flying the board a vessel at sea flying the flying the flag of a Member State flag of a Member State shall be flag of a Member State shall be shall be deemed to be an activity deemed to be an activity deemed to be an activity pursued in the said Member State. pursued in the said Member pursued in the said Member However, a person employed on State. However, a person State. However, a person board a vessel flying the flag of a employed on board a vessel employed on board a vessel Member State and remunerated flying the flag of a Member flying the flag of a Member for such activity by an State and remunerated for such State and remunerated for such undertaking or a person whose activity by an undertaking or a activity by an employer whose registered office or place of person whose registered office registered office […] is in business is in another Member 3
v. 19/12/2018 or place of business is in another Member State shall be State shall be subject to the another Member State shall be subject to the legislation of the legislation of the latter Member subject to the legislation of the latter Member State if he State if he resides in that State. latter Member State if he resides in that State. […] The undertaking or person paying resides in that State. The the remuneration shall be undertaking or person paying AM 71 considered as the employer for the the remuneration shall be purposes of the said legislation. considered as the employer for the purposes of the said legislation. 7. 5. An activity as a flight crew 5. An activity as a flight crew 5. An activity as a flight crew or or cabin crew member or cabin crew member cabin crew member performing performing air passenger or performing air passenger or air passenger or freight services freight services shall be freight services shall be shall be deemed to be an activity deemed to be an activity deemed to be an activity pursued exclusively in the pursued exclusively in the pursued […] in the Member Member State where the home Member State where the home State where the home base, as base, as defined in Annex III, base, as defined in Annex III, defined in Annex III […] to Subpart FTL to Commission Subpart FTL to Commission Commission Regulation (EU) Regulation (EU) No 965/2012 of Regulation (EUEEC) No No 965/2012 of 5 October 5 October 2012 laying down 965/2012 of 5 October 2012 2012 laying down technical technical requirements and laying down technical requirements and administrative procedures requirements and administrative procedures related to air operations administrative procedures related to air operations pursuant to Regulation (EC) No related to air operations pursuant to Regulation (EC) 216/2008 of the European pursuant to Regulation (EC) No 216/2008 of the European Parliament and the Council as No 216/2008 of the European Parliament and the Council amended by Commission Parliament and the Council as amended by Commission Regulation (EU) No 83/2014/EU 2 of 29 January 2014 , is located. as amended by Commission Regulation (EU) No Regulation (EU) No 83/2014/EU of 29 January 2 2014 , is located. 83/2014/EU of 29 January 2 2014 3922/91, is located. 2 OJ L 28, 31.01.2014, p. 17 4
v. 19/12/2018 AM 72 8. Article 12 Special rules 9. 1. A person who pursues an 1. A person who pursues an 1. A person who pursues an activity as an employed person activity as an employed person activity as an employed person in in a Member State on behalf of in a Member State on behalf of a Member State on behalf of an an employer which normally an employer which normally employer which normally carries carries out its activities there carries out its activities there out its activities there, and who is and who is posted within the and who is […] sent by that posted within the meaning of meaning of Directive employer to another Member Directive 96/71/EC of the 96/71/EC of the European State to perform work on that European Parliament and of the Parliament and of the employer’s behalf shall Council of 16 December 1996 Council of 16 December 1996 continue to be subject to the concerning the posting of concerning the posting of legislation of the first Member workers in the framework of the State, provided that: 3 provision of services or sent by workers in the framework of the provision of services or 3 that employer to another Member sent by that employer to (a) the anticipated or actual State to perform work on that another Member State to duration of such work does not employer’s behalf, shall continue perform work on that exceed 18 months […]; to be subject to the legislation of employer’s behalf shall (b) the person concerned is the first Member State, provided continue to be subject to the subject to the legislation of the that the anticipated duration of legislation of the first Member Member State where the such work does not exceed 24 State, provided that the employer is established for a months and that the person anticipated duration of such period of at least three months he/she is not posted or sent to work does not exceed 24 immediately preceding the replace replacing another months and that the person start of the work as an previously sent employed or he/she is not posted or sent to employed person; self-employed posted person replace another employed or (c) the competent institution of previously posted or sent within self-employed person the Member State where the the meaning of this Article previously posted or sent employer is established has covered by this paragraph or a within the meaning of this been notified about the self-employed person covered Article posted person. sending and received at by paragraph 2. 3 OJ L 018 , 21.01.1997 p. 1. 5
v. 19/12/2018 request prior to the commencement of the work for the continued application of its legislation, prior to the performance of the work. No such formal request need to be made where the work concerns a business trip. AM 73 10. 2. A person who normally 2. A person who normally 2. A person who normally pursues pursues an activity as a self- pursues an activity as a self- an activity as a self-employed employed person in a Member employed person in a Member person in a Member State who State who goes to pursue a State who goes to pursue a goes to pursue a similar activity in similar activity in another similar activity in another another Member State shall Member State shall continue to Member State shall continue to continue to be subject to the be subject to the legislation of be subject to the legislation of legislation of the first Member the first Member State, the first Member State, State, provided that the provided that the anticipated provided that: anticipated duration of such duration of such activity does (a) the anticipated or actual activity does not exceed 24 not exceed 24 months and that duration of such activity does months and that the person is the person is not replacing not exceed 18 months […], not replacing another posted another posted employed or (b) the person concerned has previously sent employed or self-employed person. been subject to the legislation self-employed person covered by of the Member State in which paragraph 1 or a self-employed he or she normally pursues person covered by this the activity for a period of at paragraph. least three months immediately preceding the start of the activity; (c) the competent institution in the Member State where the person concerned normally pursues the activity has been 6
v. 19/12/2018 notified about the pursuit of the activity in the other Member State and received a request, prior to the start of the activity for the continued application of its legislation. No such formal request need be made where the activity pursued concerns a business trip. AM 73 11. 2a. Where an employed person covered by paragraph 1 or a self-employed person covered by paragraph 2 does not complete the work or activity and is replaced by another person, the other person shall continue to be subject to the legislation of the Member State from which he/she is sent or in which he/she normally pursues an activity as a self-employed person provided that the total duration of work or activity by all persons concerned in the second Member State does not exceed 24 months and the other conditions laid down in paragraph 1 or 2 are fulfilled. 12. 2a. For the purpose of paragraphs 1 and 2, in the case of a replacement of sent 7
v. 19/12/2018 workers performing the same or similar task at the same place, the cumulative duration of the sending periods shall be taken into account. AM 73 13. When a worker has reached the maximum period of sending provided for, no further sending of that worker or self-employed person by the same undertakings to the same Member State shall be authorised under the legislation of the first Member state until three months after the end of the most recent sending period. A derogation from the second subparagraph may be granted in specific circumstances. AM 73 14. Article 13 Pursuit of activities in two or more Member States 15. 1. A person who normally 1. A person who normally 1. A person who normally pursues No COM or CL proposal, pursues an activity as an pursues an activity as an an activity as an employed person contains EP amendment employed person in two or employed person in two or in two or more Member States more Member States shall be more Member States shall be shall be subject: subject: subject to: AM 74 8
v. 19/12/2018 16. (a) the legislation of the (a) the legislation of the (a) the legislation of the Member No COM or CL proposal, Member State of residence if Member State of residence if State of residence if he/she contains EP amendment he/she pursues a substantial he/she pursues a substantial pursues a substantial part of part of his/her activity in that part of his/her activity in that his/her activity in that Member Member State, or Member State, […] State, or AM 74 17. (b) if he/she does not pursue a (b) the legislation of the (b) if he/she does not pursue a substantial part of his/her Member State in which he/she substantial part of his/her activity activity in the Member State of performs the largest share of in the Member State of residence: residence: his/her work activities, if he/she does not reside in one of the Member States in which he/she pursues a substantial part of his/her activity as an employed person; or AM 74 18. (ba) the legislation of the Member State of residence if the share of activities is identical. AM 74 19. (i) to the legislation of the […] (i) to the legislation of the No COM or CL proposal, Member State in which the Member State in which the contains EP amendment registered office or place of AM 74 registered office or place of business of the undertaking or business of the undertaking or employer is situated if he/she is employer is situated if he/she is employed by one undertaking employed by one undertaking or or employer; or employer; or 20. (ii) to the legislation of the […] (ii) to the legislation of the No COM or CL proposal, Member State in which the Member State in which the contains EP amendment registered office or place of AM 74 registered office or place of 9
v. 19/12/2018 business of the undertakings or business of the undertakings or employers is situated if he/she employers is situated if he/she is is employed by two or more employed by two or more undertakings or employers undertakings or employers which which have their registered have their registered office or office or place of business in place of business in only one only one Member State; or Member State; or 21. (iii) to the legislation of the […] (iii) to the legislation of the No COM or CL proposal, Member State in which the Member State in which the contains EP amendment registered office or place of AM 74 registered office or place of business of the undertaking or business of the undertaking or employer is situated other than employer is situated other than the the Member State of residence Member State of residence if if he/she is employed by two or he/she is employed by two or more undertakings or more undertakings or employers, employers, which have their which have their registered office registered office or place of or place of business in two business in two Member Member States, one of which is States, one of which is the the Member State of residence. Member State of residence. 22. (iv) to the legislation of the […] (iv) to the legislation of the No COM or CL proposal, Member State of residence if Member State of residence if contains EP amendment he/she is employed by two or AM 74 he/she is employed by two or more undertakings or more undertakings or employers, employers, at least two of at least two of which have their which have their registered registered office or place of office or place of business in business in different Member different Member States other States other than the Member than the Member State of State of residence. residence. 23. 4a. A person who is receiving […] 4a. A person who is receiving unemployment benefits in pursuing an employed or self- cash from one Member State AM 75 employed activity in one and who is simultaneously Member State and is 10
