eunbil · GT0N1302 · 2006-05-31 00:00:00 — In the framework of an overall assessment, less than of the criteria mentioned above shall be an indicator that a substantial part of all the activities is not pursued in the relevant . For the purposes of the application of Article 13(2)(b) of the basic Regulation, the "centre of interest" of the activities of a self-employed person shall be determined by taking account of all the aspects of that persons occupational activities, notably the place where the persons fixed and permanent place of business is located, the habitual nature or the duration of the activities pursued, the number of services rendered, and the intention of the person concerned as revealed by all the circumstances. For the determination of the applicable legislation under paragraphs 7 and 8, the assumed future situation in the following 12 calendar months shall be taken into account by the institutions concerned. If a person pursues his/her activity as an employed person in two or more Member States on behalf of an employer established in the territory of a third country, and if this person resides in a without pursuing substantial activity there, he/she shall be subject to the legislation of the of . Provision of information to the institutions concerned Procedures for the application of Articles 11(3)(b), 11(3)(d), 11(4) and 12 of the basic Regulation Unless otherwise provided for by Article 17 of the implementing Regulation, if a person pursues his/her activity in a other than the competent State under Title II of the basic Regulation, the employer or, in case of a person who does not exercise an activity as an employed person, the person concerned, shall inform the competent institution of the whose legislation is applicable thereof, whenever possible in advance. This institution shall without delay make information concerning the legislation applicable to the person concerned pursuant to Articles 11(3)(b) or 12 of the basic Regulation available to the institution designated by the competent authority of the in which the activity is pursued. The provisions of paragraph 1 shall apply accordingly to persons covered by Article 11(3)(d) of the basic Regulation. An employer considered to be such pursuant to Article 11(4) of the basic Regulation for whom a worker performs an activity as an employed person on board a flying the flag of another inform the competent institution of the whose legislation is applicable thereof whenever possible in advance. This institution shall without delay make information concerning the legislation applicable to the person concerned, pursuant to Article 11(4) of the basic Regulation, available to the institution designated by the competent authority of the whose flag the on which the worker is to perform his activity is flying. Procedure for the application of Article 13 of the basic Regulation A person who pursues activities in two or more Member States shall inform the institution designated by the competent authority of the in which he/she resides thereof. That institution shall without delay determine the legislation applicable to the person concerned, having regard to the provisions of Article 13 of the basic Regulation and of Article 14 of the implementing Regulation. This determination shall initially be provisional. That institution shall inform the institutions designated by the competent authorities of each in which an activity is pursued thereof. The provisional determination of the applicable legislation, as provided for in paragraph 2, shall become definitive within two months of the institution designated by the competent authority of the Member States concerned being informed of the provisional determination, in accordance with paragraph 2, unless the legislation has already been definitively determined on the basis of paragraph 4, or at least one of the institutions concerned informs the institution designated by the competent authority of the State of by the end of this period of two months that it cannot yet accept the determination or that it takes a different view on this. Where uncertainty about the identification of the applicable legislation requires contacts between the institutions or authorities of two or more Member States, at the request of one or more of the institutions designated by the competent authorities of the Member States concerned or of the competent authorities themselves, the legislation applicable to the person concerned shall be determined by common accord, having regard to the provisions of Article 13 of the basic Regulation and the relevant provisions of Article 14 of the implementing Regulation. Where there is a difference of views between the institutions or competent authorities concerned, these bodies shall seek agreement in accordance with the conditions set out above and the provisions of Article 6 of the implementing Regulation shall apply. The competent institution of the whose legislation is declared applicable either provisionally or definitively shall without delay inform the person concerned. If the person concerned neglects to provide the information mentioned in paragraph 1, the provisions of this Article shall be applied at the initiative of the institution designated by the competent authority of that person"s State of as soon as it is appraised of that person"s situation, possibly via another institution concerned. Procedure for the application of Article 15 of the basic Regulation Auxiliary staff shall exercise the right of option foreseen in Article 15 of the basic Regulation at the time of signing the contract of employment. The authority authorised to conclude this contract shall inform the institution designated by the competent authority of the for whose legislation the member of auxiliary staff has opted. Procedure for the application of Article 16(1) of the basic Regulation Requests of the employer or the person concerned for exceptions to Articles 11 to 15 of the basic Regulation shall be submitted, whenever possible in advance, to the competent authority or the body designated by this authority of the , whose legislation the person concerned requests to apply. Provision of information to persons concerned and employers The competent institution of the whose legislation becomes applicable by virtue of Title II of the basic Regulation shall inform the person concerned and, where appropriate, his/her employer(s) of the obligations stemming from this legislation. It shall provide them with the necessary assistance to complete the formalities imposed by this legislation. At the request of the person concerned or of the employer, the competent institution of the whose legislation is applicable by virtue of a provision of Title II of the basic Regulation shall provide an attestation that this legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. The relevant institutions shall as far as possible communicate to the competent institution of the , whose legislation is applicable to a person by virtue of Title II of the basic Regulation, the necessary information required to establish the date on which this legislation becomes applicable and the contributions which he/she and his/her employer(s) are liable to pay under this legislation. The competent institution of the whose legislation becomes applicable to a person by virtue of Title II of the basic Regulation shall make the information indicating the date on which the application of this legislation takes effect available to the institution designated by the competent authority of the to whose legislation that person was last subject. Obligations of the employer The employer of a worker who has his registered office or place of business outside the competent be obliged to fulfil all the obligations laid down by the legislation applicable to that worker, notably the obligation to pay the contributions provided for by this legislation, as if he had his registered office or place of business in the competent . An employer that does not have a place of business in the whose legislation is applicable and the employee may agree that the latter may fulfil the employers obligations on its behalf as regards the payment of contributions without prejudice to the employer"s underlying obligations. The employer shall be obliged to send such an arrangement to the competent institution of this . The Member States shall notify Commission of the details of the bodies defined in Article 1(m), (q) and (r) of the basic Regulation and Article 12)(a) and (b) of the implementing Regulation, and the institutions designated in accordance with the implementing Regulation. The bodies specified in paragraph 1 shall be provided with an electronic identity in the form of an identification code and electronic address. 3 The Administrative Commission shall establish the structure, content and modalities, including the common format and model, for notification of the details specified in paragraph 1. 4 to the implementing Regulation gives details of the public data base containing the information specified in paragraph 1. The database shall be established and managed by Commission. The Member States shall, however, be responsible for the input of their own national contact information into this database. Moreover, the Member States shall ensure the accuracy of the input of the national contact information required under paragraph 1. The Member States shall be responsible for the information specified in paragraph 1 up to date in accordance with the notification procedure specified in this paragraph. Competent authorities and institutions, institutions of the place of and stay, access points, institutions and bodies designated by the competent authorities. (Article 83(4)) The text which should be submitted to the Council constitutes only the first part of the Commission proposal; the examination of subsequent Chapters will continue over the next few months. Since a legislative text can be given final approval only as a whole, partial agreement on Titles I and II is by definition subject to subsequent review, depending on how the rest of the Act develops. This applies, in particular, to: Article 1 where the definitions are likely to be amended once the text of the following Titles of the draft implementing Regulation has been finalised and the work on the exchange of data within the Administrative Commission has been completed; Article 4(2) where further work by the Administrative Commission will be needed and where, depending on the outcome of this work, transitional periods for the Member States concerned may be necessary under Title V of the draft implementing Regulation; Article 6(4) which might have to be reviewed in the light of the discussions on Title IV of the draft implementing Regulation; Article 12(7) which will depend on the outcome of the discussion on Title III Chapter IV of the draft implementing Regulation and for which further examination by the Administrative Commission will be needed; Article 14 (10) for which further examination by the Administrative Commission will be needed; Article 18 for which further examination will be needed in the light of changes in the Staff Regulations. In addition, where, under Title II of the draft implementing Regulation, information has to be made available, it is to be understood that this information will be provided without delay at the request of the institution of the concerned and not automatically. In relation to Article 17, it was agreed that this provision does not apply in cases where an activity exercised in another has to be considered as being of a marginal extent as provided for in Article 14(5)(b). Moreover, delegations" acceptance of this text is subject to final approval of the draft Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of . See explanatory note. Scrutiny reservation by the Italian delegation on Article 2(2). See explanatory note. See explanatory note. New recital (9a) to be inserted in the Preamble: " Member States should co-operate to determine the of an individual for the purposes of this Regulation and the basic Regulation and, in cases of dispute, each should take into consideration all relevant criteria to achieve that end. These may include those referred to in the appropriate Article of this Regulation." Scrutiny reservation by the Belgian delegation See explanatory note. FI maintained a scrutiny reservation on Title II. See explanatory note. Scrutiny reservation by the Finnish delegation. See explanatory note regarding the interpretation to be given to the terms "information has to be made available" under Title II. See explanatory note. See explanatory note. See explanatory note. Scrutiny reservation by the Danish delegation. Scrutiny reservation by the Finnish delegation. New recital (4a) to be inserted in the Preamble: "Whereas to achieve the goal of maximising the smooth operation of the complex procedures that implement the rules on coordination of social security means that the efficient management of the procedures requires a system for immediate updating of 4 of this Regulation; the preparation and application of these provisions requires close cooperation between the Member States and the Commission; the implementation of these provisions must be carried out rapidly in view of the consequences that delays have for citizens and administrations alike; it is therefore necessary that the Commission should be empowered to establish and manage a database to ensure that the database must be operational as soon as possible prior to the date of application of this Regulation and the Commission shall, in particular, take the necessary steps to integrate all measures contained in Article 83 of this Regulation and shown in 4 into this database." 9099/06 ADD 1 MdP/mk DG G II LIMITEEN 9099/06 ADD 1 MdP/mk G II LIMITEEN 9099/06 ADD 1 MdP/mk G II LIMITEEN