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Document 02009R0987-20180101
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)
Consolidated text: Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)
This consolidated text may not include the following amendments:
| Amending act | Amendment type | Subdivision concerned | Date of effect |
|---|---|---|---|
| 32020D0807(01) | Modified by | article 70 | 18/06/2020 |
| 32020D0807(01) | Modified by | article 67 | 18/06/2020 |
02009R0987 — EN — 01.01.2018 — 007.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EC) No 987/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) (OJ L 284 30.10.2009, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 338 |
35 |
22.12.2010 |
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REGULATION (EU) No 465/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 May 2012 |
L 149 |
4 |
8.6.2012 |
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L 349 |
45 |
19.12.2012 |
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L 346 |
27 |
20.12.2013 |
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L 366 |
15 |
20.12.2014 |
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L 76 |
13 |
22.3.2017 |
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Corrected by:
REGULATION (EC) No 987/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 September 2009
laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems
(Text with relevance for the EEA and for Switzerland)
TITLE I
GENERAL PROVISIONS
CHAPTER I
Definitions
Article 1
Definitions
For the purposes of this Regulation:
‘basic Regulation’ means Regulation (EC) No 883/2004;
‘implementing Regulation’ means this Regulation; and
the definitions set out in the basic Regulation shall apply.
In addition to the definitions referred to in paragraph 1,
‘access point’ means an entity providing:
an electronic contact point;
automatic routing based on the address; and
intelligent routing based on software that enables automatic checking and routing (for example, an artificial intelligence application) and/or human intervention;
‘liaison body’ means any body designated by the competent authority of a Member State for one or more of the branches of social security referred to in Article 3 of the basic Regulation to respond to requests for information and assistance for the purposes of the application of the basic Regulation and the implementing Regulation and which has to fulfil the tasks assigned to it under Title IV of the implementing Regulation;
‘document’ means a set of data, irrespective of the medium used, structured in such a way that it can be exchanged electronically and which must be communicated in order to enable the operation of the basic Regulation and the implementing Regulation;
‘Structured Electronic Document’ means any structured document in a format designed for the electronic exchange of information between Member States;
‘transmission by electronic means’ means the transmission of data using electronic equipment for the processing (including digital compression) of data and employing wires, radio transmission, optical technologies or any other electromagnetic means;
‘Audit Board’ means the body referred to in Article 74 of the basic Regulation.
CHAPTER II
Provisions concerning cooperation and exchanges of data
Article 2
Scope and rules for exchanges between institutions
Article 3
Scope and rules for exchanges between the persons concerned and institutions
To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall forward the information and issue the documents to the persons concerned without delay and in all cases within any time limits specified under the legislation of the Member State in question.
The relevant institution shall notify the claimant residing or staying in another Member State of its decision directly or through the liaison body of the Member State of residence or stay. When refusing the benefits it shall also indicate the reasons for refusal, the remedies and periods allowed for appeals. A copy of this decision shall be sent to other involved institutions.
Article 4
Format and method of exchanging data
Article 5
Legal value of documents and supporting evidence issued in another Member State
Article 6
Provisional application of legislation and provisional granting of benefits
Unless otherwise provided for in the implementing Regulation, where there is a difference of views between the institutions or authorities of two or more Member States concerning the determination of the applicable legislation, the person concerned shall be made provisionally subject to the legislation of one of those Member States, the order of priority being determined as follows:
the legislation of the Member State where the person actually pursues his employment or self-employment, if the employment or self-employment is pursued in only one Member State;
the legislation of the Member State of residence if the person concerned pursues employment or self-employment in two or more Member States and performs part of his/her activity or activities in the Member State of residence, or if the person concerned is neither employed nor self-employed;
in all other cases, the legislation of the Member State, the application of which was first requested if the person pursues an activity, or activities, in two or more Member States.
If necessary, the institution identified as being competent and the institution which provisionally paid the cash benefits or provisionally received contributions shall settle the financial situation of the person concerned as regards contributions and cash benefits paid provisionally, where appropriate, in accordance with Title IV, Chapter III, of the implementing Regulation.
Benefits in kind granted provisionally by an institution in accordance with paragraph 2 shall be reimbursed by the competent institution in accordance with Title IV of the implementing Regulation.
Article 7
Provisional calculation of benefits and contributions
CHAPTER III
Other general provisions for the application of the basic Regulation
Article 8
Administrative arrangements between two or more Member States
Article 9
Other procedures between authorities and institutions
Article 10
Prevention of overlapping of benefits
Notwithstanding other provisions in the basic Regulation, when benefits due under the legislation of two or more Member States are mutually reduced, suspended or withdrawn, any amounts that would not be paid in the event of strict application of the rules concerning reduction, suspension or withdrawal laid down by the legislation of the Member States concerned shall be divided by the number of benefits subjected to reduction, suspension or withdrawal.
Article 11
Elements for determining residence
Where there is a difference of views between the institutions of two or more Member States about the determination of the residence of a person to whom the basic Regulation applies, these institutions shall establish by common agreement the centre of interests of the person concerned, based on an overall assessment of all available information relating to relevant facts, which may include, as appropriate:
the duration and continuity of presence on the territory of the Member States concerned;
the person’s situation, including:
the nature and the specific characteristics of any activity pursued, in particular the place where such activity is habitually pursued, the stability of the activity, and the duration of any work contract;
his family status and family ties;
the exercise of any non-remunerated activity;
in the case of students, the source of their income;
his housing situation, in particular how permanent it is;
the Member State in which the person is deemed to reside for taxation purposes.
Article 12
Aggregation of periods
Article 13
Rules for conversion of periods
Where periods completed under the legislation of a Member State are expressed in units different from those provided for by the legislation of another Member State, the conversion needed for the purpose of aggregation under Article 6 of the basic Regulation shall be carried out under the following rules:
the period to be used as the basis for the conversion shall be that communicated by the institution of the Member State under whose legislation the period was completed;
in the case of schemes where the periods are expressed in days the conversion from days to other units, and vice versa, as well as between different schemes based on days shall be calculated according to the following table:
|
Scheme based on |
1 day corresponds to |
1 week corresponds to |
1 month corresponds to |
1 quarter corresponds to |
Maximum of days in one calendar year |
|
5 days |
9 hours |
5 days |
22 days |
66 days |
264 days |
|
6 days |
8 hours |
6 days |
26 days |
78 days |
312 days |
|
7 days |
6 hours |
7 days |
30 days |
90 days |
360 days |
in the case of schemes where the periods are expressed in units other than days,
three months or 13 weeks shall be equivalent to one quarter, and vice versa;
one year shall be equivalent to four quarters, 12 months or 52 weeks, and vice versa;
for the conversion of weeks into months, and vice versa, weeks and months shall be converted into days in accordance with the conversion rules for the schemes based on six days in the table in point (b);
in the case of periods expressed in fractions, those figures shall be converted into the next smaller integer unit applying the rules laid down in points (b) and (c). Fractions of years shall be converted into months unless the scheme involved is based on quarters;
if the conversion under this paragraph results in a fraction of a unit, the next higher integer unit shall be taken as the result of the conversion under this paragraph.
The application of paragraph 1 shall not have the effect of producing, for the total sum of the periods completed during one calendar year, a total exceeding the number of days indicated in the last column in the table in paragraph 1(b), 52 weeks, 12 months or four quarters.
If the periods to be converted correspond to the maximum annual amount of periods under the legislation of the Member State in which they have been completed, the application of paragraph 1 shall not result within one calendar year in periods that are shorter than the possible maximum annual amount of periods provided under the legislation concerned.
TITLE II
DETERMINATION OF THE LEGISLATION APPLICABLE
Article 14
Details relating to Articles 12 and 13 of the basic Regulation
For the purposes of Article 13(1) of the basic Regulation, an employed flight crew or cabin crew member normally pursuing air passenger or freight services in two or more Member States shall be subject to the legislation of the Member State where the home base, as defined in Annex III to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation ( 1 ), is located.
For the purposes of the application of Article 13(1) and (2) of the basic Regulation, a ‘substantial part of employed or self-employed activity’ pursued in a Member State shall mean a quantitatively substantial part of all the activities of the employed or self-employed person pursued there, without this necessarily being the major part of those activities.
To determine whether a substantial part of the activities is pursued in a Member State, the following indicative criteria shall be taken into account:
in the case of an employed activity, the working time and/or the remuneration; and
in the case of a self-employed activity, the turnover, working time, number of services rendered and/or income.
In the framework of an overall assessment, a share of less than 25 % in respect of the criteria mentioned above shall be an indicator that a substantial part of the activities is not being pursued in the relevant Member State.
Article 15
Procedures for the application of Article 11(3)(b) and (d), Article 11(4) and Article 12 of the basic Regulation (on the provision of information to the institutions concerned)
Article 16
Procedure for the application of Article 13 of the basic Regulation
Where uncertainty about the determination 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 agreement, having regard to 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, those bodies shall seek agreement in accordance with the conditions set out above and Article 6 of the implementing Regulation shall apply.
Article 17
Procedure for the application of Article 15 of the basic Regulation
Contract staff of the European Communities shall exercise the right of option provided for in Article 15 of the basic Regulation when the employment contract is concluded. The authority empowered to conclude the contract shall inform the designated institution of the Member State for whose legislation the contract staff member of the European Communities has opted.
Article 18
Procedure for the application of Article 16 of the basic Regulation
A request by 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 the authority of the Member State, whose legislation the employee or person concerned requests be applied.
Article 19
Provision of information to persons concerned and employers
Article 20
Cooperation between institutions
Article 21
Obligations of the employer
TITLE III
SPECIAL PROVISIONS CONCERNING THE VARIOUS CATEGORIES OF BENEFITS
CHAPTER I
Sickness, maternity and equivalent paternity benefits
Article 22
General implementing provisions
Article 23
Regime applicable in the event of the existence of more than one regime in the Member State of residence or stay
If the legislation of the Member State of residence or stay comprises more than one scheme of sickness, maternity and paternity insurance for more than one category of insured persons, the provisions applicable under Articles 17, 19(1), 20, 22, 24 and 26 of the basic Regulation shall be those of the legislation on the general scheme for employed persons.
Article 24
Residence in a Member State other than the competent Member State
The document referred to in paragraph 1 shall remain valid until the competent institution informs the institution of the place of residence of its cancellation.
The institution of the place of residence shall inform the competent institution of any registration under paragraph 1 and of any change or cancellation of that registration.
Article 25
Stay in a Member State other than the competent Member State
A. Procedure and scope of right
B. Procedure and arrangements for meeting the costs and providing reimbursement of benefits in kind
If the reimbursement of such costs has not been requested directly from the institution of the place of stay, the costs incurred shall be reimbursed to the person concerned by the competent institution in accordance with the reimbursement rates administered by the institution of the place of stay or the amounts which would have been subject to reimbursement to the institution of the place of stay, if Article 62 of the implementing Regulation had applied in the case concerned.
The institution of the place of stay shall provide the competent institution, upon request, with all necessary information about these rates or amounts.
C. Family Members
Article 26
Scheduled treatment
A. Authorisation procedure
If an insured person does not reside in the competent Member State, he shall request authorisation from the institution of the place of residence, which shall forward it to the competent institution without delay.
In that event, the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of Article 20(2) of the basic Regulation are met in the Member State of residence.
The competent institution may refuse to grant the requested authorisation only if, in accordance with the assessment of the institution of the place of residence, the conditions set out in the second sentence of Article 20(2) of the basic Regulation are not met in the Member State of residence of the insured person, or if the same treatment can be provided in the competent Member State itself, within a time-limit which is medically justifiable, taking into account the current state of health and the probable course of illness of the person concerned.
The competent institution shall inform the institution of the place of residence of its decision.
In the absence of a reply within the deadlines set by its national legislation, the authorisation shall be considered to have been granted by the competent institution.
If an insured person who does not reside in the competent Member State is in need of urgent vitally necessary treatment, and the authorisation cannot be refused in accordance with the second sentence of Article 20(2) of the basic Regulation, the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution, which shall be immediately informed by the institution of the place of residence.
The competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation, concerning the need for urgent vitally necessary treatment.
B. Meeting the cost of benefits in kind incurred by the insured person
C. Meeting the costs of travel and stay as part of scheduled treatment
D. Family members
Article 27
Cash benefits relating to incapacity for work in the event of stay or residence in a Member State other than the competent Member State
A. Procedure to be followed by the insured person
B. Procedure to be followed by the institution of the Member State of residence
C. Procedure to be followed by the competent institution
D. Procedure in the event of a stay in a Member State other than the competent Member State
Article 28
Long-term care benefits in cash in the event of stay or residence in a Member State other than the competent Member State
A. Procedure to be followed by the insured person
B. Procedure to be followed by the institution of the place of residence
C. Procedure to be followed by the competent institution
D. Procedure in the event of a stay in a Member State other than the competent Member State
E. Family members
Article 29
Application of Article 28 of the basic Regulation
If the Member State where the former frontier worker last pursued his activity is no longer the competent Member State, and the former frontier worker or a member of his family travels there with the purpose of receiving benefits in kind pursuant to Article 28 of the basic Regulation, he shall submit to the institution of the place of stay a document issued by the competent institution.
Article 30
Contributions by pensioners
If a person receives a pension from more than one Member State, the amount of contributions deducted from all the pensions paid shall under no circumstances be greater than the amount deducted in respect of a person who receives the same amount of pension from the competent Member State.
Article 31
Application of Article 34 of the basic Regulation
A. Procedure to be followed by the competent institution
B. Procedure to be followed by the institution of the place of residence or stay
Article 32
Special implementing measures
For the Member States referred to in Annex 2, the provisions of Title III, Chapter I, of the basic Regulation relating to benefits in kind shall apply to persons entitled to benefits in kind solely on the basis of a special scheme for civil servants only to the extent specified therein.
The institution of another Member State shall not, on those grounds alone, become responsible for bearing the costs of benefits in kind or in cash provided to those persons or to members of their family.
CHAPTER II
Benefits in respect of accidents at work and occupational diseases
Article 33
Right to benefits in kind and in cash in the event of residence or stay in a Member State other than the competent Member State
Article 34
Procedure in the event of an accident at work or occupational disease which occurs in a Member State other than the competent Member State
Article 35
Disputes concerning the occupational nature of the accident or disease
When a final decision has been taken on that subject, the competent institution shall without delay inform the institution of the place of residence or stay which provided the benefits in kind.
Where an accident at work or occupational disease is not established, benefits in kind shall continue to be provided as sickness benefits if the person concerned is entitled to them.
Where an accident at work or occupational disease is established, sickness benefits in kind provided to the person concerned shall be considered as accident at work or occupational disease benefits from the date on which the accident at work occurred or the occupational disease was first medically diagnosed.
Article 36
Procedure in the event of exposure to the risk of an occupational disease in more than one Member State
In the case referred to in Article 38 of the basic Regulation, the declaration or notification of the occupational disease shall be sent to the competent institution for occupational diseases of the last Member State under the legislation of which the person concerned pursued an activity likely to cause that disease.
When the institution to which the declaration or notification was sent establishes that an activity likely to cause the occupational disease in question was last pursued under the legislation of another Member State, it shall send the declaration or notification and all accompanying certificates to the equivalent institution in that Member State.
Article 37
Exchange of information between institutions and advance payments in the event of an appeal against rejection
Article 38
Aggravation of an occupational disease
In the cases covered by Article 39 of the basic Regulation, the claimant must provide the institution in the Member State from which he is claiming entitlement to benefits with details concerning benefits previously granted for the occupational disease in question. That institution may contact any other previously competent institution in order to obtain the information it considers necessary.
Article 39
Assessment of the degree of incapacity in the event of occupational accidents or diseases which occurred previously or subsequently
Where a previous or subsequent incapacity for work was caused by an accident which occurred when the person concerned was subject to the legislation of a Member State which makes no distinction according to the origin of the incapacity to work, the competent institution or the body designated by the competent authority of the Member State in question shall:
upon request by the competent institution of another Member State, provide information concerning the degree of the previous or subsequent incapacity for work, and where possible, information making it possible to determine whether the incapacity is the result of an accident at work within the meaning of the legislation applied by the institution in the other Member State;
take into account the degree of incapacity caused by these previous or subsequent cases when determining the right to benefits and the amount, in accordance with the applicable legislation.
Article 40
Submission and investigation of claims for pensions or supplementary allowances
In order to receive a pension or supplementary allowance under the legislation of a Member State, the person concerned or his survivors residing in the territory of another Member State shall submit, where appropriate, a claim either to the competent institution or to the institution of the place of residence, which shall send it to the competent institution.
The claim shall contain the information required under the legislation applied by the competent institution.
Article 41
Special implementing measures
CHAPTER III
Death grants
Article 42
Claim for death grants
For the purposes of applying Articles 42 and 43 of the basic Regulation, the claim for death grants shall be sent either to the competent institution or to the institution of the claimant’s place of residence, which shall send it to the competent institution.
The claim shall contain the information required under the legislation applied by the competent institution.
CHAPTER IV
Invalidity benefits and old-age and survivors’ pensions
Article 43
Additional provisions for the calculation of benefit
The institution of each Member State shall calculate, under the legislation it applies, the amount due corresponding to periods of voluntary or optional continued insurance which, under Article 53(3)(c) of the basic Regulation, shall not be subject to another Member State’s rules relating to withdrawal, reduction or suspension.
Where the legislation applied by the competent institution does not allow it to determine this amount directly, on the grounds that that legislation allocates different values to insurance periods, a notional amount may be established. The Administrative Commission shall lay down the detailed arrangements for the determination of that notional amount.
Article 44
Taking into account of child raising-periods
Article 45
Claim for benefits
A. Submission of the claim for benefits under type A legislation under Article 44(2) of the basic Regulation
B. Submission of other claims for benefits
Article 46
Certificates and information to be submitted with the claim by the claimant
Article 47
Investigation of claims by the institutions concerned
A. Contact institution
The institution to which the claim for benefits is submitted or forwarded in accordance with Article 45(1) or (4) of the implementing Regulation shall be referred to hereinafter as the ‘contact institution’. The institution of the place of residence shall not be referred to as the contact institution if the person concerned has not, at any time, been subject to the legislation which that institution applies.
In addition to investigating the claim for benefits under the legislation which it applies, this institution shall, in its capacity as contact institution, promote the exchange of data, the communication of decisions and the operations necessary for the investigation of the claim by the institutions concerned, and supply the claimant, upon request, with any information relevant to the Community aspects of the investigation and keep him/her informed of its progress.
B. Investigation of claims for benefits under type A legislation under Article 44 of the basic Regulation
C. Investigation of other claims for benefits
Article 48
Notification of decisions to the claimant
Article 49
Determination of the degree of invalidity
Where Article 46(3) of the basic Regulation is applicable, the only institution authorised to take a decision concerning the claimant’s degree of invalidity shall be the contact institution, if the legislation applied by that institution is included in Annex VII to the basic Regulation, or failing that, the institution whose legislation is included in that Annex and to whose legislation the claimant was last subject. It shall take that decision as soon as it can determine whether the conditions for eligibility laid down in the applicable legislation are met, taking into account, where appropriate, Articles 6 and 51 of the basic Regulation. It shall without delay notify the other institutions concerned of that decision.
Where the eligibility criteria, other than those relating to the degree of invalidity, laid down in the applicable legislation are not met, taking into account Articles 6 and 51 of the basic Regulation, the contact institution shall without delay inform the competent institution of the last Member State to whose legislation the claimant was subject. The latter institution shall be authorised to take the decision concerning the degree of invalidity of the claimant if the conditions for eligibility laid down in the applicable legislation are met. It shall without delay notify the other institutions concerned of that decision.
When determining eligibility, the matter may, if necessary have to be referred back, under the same conditions, to the competent institution in respect of invalidity of the Member State to whose legislation the claimant was first subject.
Article 50
Provisional instalments and advance payment of benefit
Article 51
New calculation of benefits
Article 52
Measures intended to accelerate the pension calculation process
In order to facilitate and accelerate the investigation of claims and the payment of benefits, the institutions to whose legislation a person has been subject shall:
exchange with or make available to institutions of other Member States the elements for identifying persons who change from one applicable national legislation to another, and together ensure that those identification elements are retained and correspond, or, failing that, provide those persons with the means to access their identification elements directly;
sufficiently in advance of the minimum age for commencing pension rights or before an age to be determined by national legislation, exchange with or make available to the person concerned and to institutions of other Member States information (periods completed or other important elements) on the pension entitlements of persons who have changed from one applicable legislation to another or, failing that, inform those persons of, or provide them with, the means of familiarising themselves with their prospective benefit entitlement.
Article 53
Coordination measures in Member States
CHAPTER V
Unemployment benefits
Article 54
Aggregation of periods and calculation of benefits
Article 55
Conditions and restrictions on the retention of the entitlement to benefits for unemployed persons going to another Member State
In order to be covered by Article 64 or Article 65a of the basic Regulation, the unemployed person going to another Member State shall inform the competent institution prior to his/her departure and request a document certifying that he/she retains his/her entitlement to benefits under the conditions laid down in Article 64(1)(b) of the basic Regulation.
That institution shall inform the person concerned of his obligations and shall provide the abovementioned document which shall include the following information:
the date on which the unemployed person ceased to be available to the employment services of the competent State;
the period granted in accordance with Article 64(1)(b) of the basic Regulation in order to register as a person seeking work in the Member State to which the unemployed person has gone;
the maximum period during which the entitlement to benefits may be retained in accordance with Article 64(1)(c) of the basic Regulation;
circumstances likely to affect the entitlement to benefits.
The institution in the Member State to which the unemployed person has gone shall immediately send a document to the competent institution containing the date on which the unemployed person registered with the employment services and his new address.
If, in the period during which the unemployed person retains entitlement to benefits, any circumstance likely to affect the entitlement to benefits arises, the institution in the Member State to which the unemployed person has gone shall send immediately to the competent institution and to the person concerned a document containing the relevant information.
At the request of the competent institution, the institution in the Member State to which the unemployed person has gone shall provide relevant information on a monthly basis concerning the follow-up of the unemployed person’s situation, in particular whether the latter is still registered with the employment services and is complying with organised checking procedures.
Article 56
Unemployed persons who resided in a Member State other than the competent Member State
At the request of the employment services of the Member State not providing the benefits, the employment services in the Member State that is providing the benefits shall send the relevant information concerning the unemployed person’s registration and his/her search for employment.
The non-fulfilment by the unemployed person of all the obligations and/or job-seeking activities in the Member State which does not provide the benefits shall not affect the benefits awarded in the other Member State.
Article 57
Provisions for the application of Articles 61, 62, 64 and 65 of the basic Regulation regarding persons covered by a special scheme for civil servants
CHAPTER VI
Family benefits
Article 58
Priority rules in the event of overlapping
For the purposes of applying Article 68(1)(b)(i) and (ii) of the basic Regulation, where the order of priority cannot be established on the basis of the children’s place of residence, each Member State concerned shall calculate the amount of benefits including the children not resident within its own territory. In the event of applying Article 68(1)(b)(i), the competent institution of the Member State whose legislation provides for the highest level of benefits shall pay the full amount of such benefits and be reimbursed half this sum by the competent institution of the other Member State up to the limit of the amount provided for in the legislation of the latter Member State.
Article 59
Rules applicable where the applicable legislation and/or the competence to grant family benefits changes
Article 60
Procedure for applying Articles 67 and 68 of the basic Regulation
The institution to which an application is made in accordance with paragraph 1 shall examine the application on the basis of the detailed information supplied by the applicant, taking into account the overall factual and legal situation of the applicant’s family.
If that institution concludes that its legislation is applicable by priority right in accordance with Article 68(1) and (2) of the basic Regulation, it shall provide the family benefits according to the legislation it applies.
If it appears to that institution that there may be an entitlement to a differential supplement by virtue of the legislation of another Member State in accordance with Article 68(2) of the basic Regulation, that institution shall forward the application, without delay, to the competent institution of the other Member State and inform the person concerned; moreover, it shall inform the institution of the other Member State of its decision on the application and the amount of family benefits paid.
Where the institution to which the application is made concludes that its legislation is applicable, but not by priority right in accordance with Article 68(1) and (2) of the basic Regulation, it shall take a provisional decision, without delay, on the priority rules to be applied and shall forward the application, in accordance with Article 68(3) of the basic Regulation, to the institution of the other Member State, and shall also inform the applicant thereof. That institution shall take a position on the provisional decision within two months.
If the institution to which the application was forwarded does not take a position within two months of the receipt of the application, the provisional decision referred to above shall apply and the institution shall pay the benefits provided for under its legislation and inform the institution to which the application was made of the amount of benefits paid.
Article 61
Procedure for applying Article 69 of the basic Regulation
For the purposes of applying Article 69 of the basic Regulation, the Administrative Commission shall draw up a list of the additional or special family benefits for orphans covered by that Article. If there is no provision for the institution competent to grant, by priority right, such additional or special family benefits for orphans under the legislation it applies, it shall without delay forward any application for family benefits, together with all relevant documents and information, to the institution of the Member State to whose legislation the person concerned has been subject, for the longest period of time and which provides such additional or special family benefits for orphans. In some cases, this may mean referring back, under the same conditions, to the institution of the Member State under whose legislation the person concerned has completed the shortest of his or her insurance or residence periods.
TITLE IV
FINANCIAL PROVISIONS
CHAPTER I
Reimbursement of the cost of benefits in application of Article 35 and Article 41 of the basic Regulation
Section 1
Reimbursement on the basis of actual expenditure
Article 62
Principles
Section 2
Reimbursement on the basis of fixed amounts
Article 63
Identification of the Member States concerned
In the case of the Member States listed in Annex 3 to the implementing Regulation, the amount of benefits in kind supplied to:
family members who do not reside in the same Member State as the insured person, as provided for in Article 17 of the basic Regulation; and to
pensioners and members of their family, as provided for in Article 24(1) and Articles 25 and 26 of the basic Regulation;
shall be reimbursed by the competent institutions to the institutions providing those benefits, on the basis of a fixed amount established for each calendar year. This fixed amount shall be as close as possible to actual expenditure.
Article 64
Calculation method of the monthly fixed amounts and the total fixed amount
For each creditor Member State, the monthly fixed amount per person (Fi) for a calendar year shall be determined by dividing the annual average cost per person (Yi), broken down by age group (i), by 12 and by applying a reduction (X) to the result in accordance with the following formula:
Fi = Yi*1/12*(1-X)
Where:
For each debtor Member State, the total fixed amount for a calendar year shall be the sum of the products obtained by multiplying, in each age group i, the determined monthly fixed amounts per person by the number of months completed by the persons concerned in the creditor Member State in that age group.
The number of months completed by the persons concerned in the creditor Member State shall be the sum of the calendar months in a calendar year during which the persons concerned were, because of their residence in the territory of the creditor Member State, eligible to receive benefits in kind in that territory at the expense of the debtor Member State. Those months shall be determined from an inventory kept for that purpose by the institution of the place of residence, based on documentary evidence of the entitlement of the beneficiaries supplied by the competent institution.
Article 65
Notification of annual average costs
Section 3
Common provisions
Article 66
Procedure for reimbursement between institutions
Article 67
Deadlines for the introduction and settlement of claims
Article 68
Interest on late payments and down payments
Article 69
Statement of annual accounts
CHAPTER II
Reimbursement of unemployment benefits pursuant to Article 65 of the basic Regulation
Article 70
Reimbursement of unemployment benefits
If there is no agreement in accordance with Article 65(8) of the basic Regulation, the institution of the place of residence shall request reimbursement of unemployment benefits pursuant to Article 65(6) and (7) of the basic Regulation from the institution of the Member State to whose legislation the beneficiary was last subject. The request shall be made within six months of the end of the calendar half-year during which the last payment of unemployment benefit, for which reimbursement is requested, was made. The request shall indicate the amount of benefit paid during the three or five month-period referred to in Article 65(6) and (7) of the basic Regulation, the period for which the benefits were paid and the identification data of the unemployed person. The claims shall be introduced and paid via the liaison bodies of the Member States concerned.
There is no requirement to consider requests introduced after the time-limit referred to in the first paragraph.
Articles 66(1) and 67(5) to (7) of the implementing Regulation shall apply mutatis mutandis.
From the end of the 18-month period referred to in Article 67(5) of the implementing Regulation, interest may be charged by the creditor institution on outstanding claims. The interest shall be calculated in accordance with Article 68(2) of the implementing Regulation.
The maximum amount of the reimbursement referred to in the third sentence of Article 65(6) of the basic Regulation is in each individual case the amount of the benefit to which a person concerned would be entitled according to the legislation of the Member State to which he was last subject if registered with the employment services of that Member State. However, in relations between the Member States listed in Annex 5 to the implementing Regulation, the competent institutions of one of those Member States to whose legislation the person concerned was last subject shall determine the maximum amount in each individual case on the basis of the average amount of unemployment benefits provided under the legislation of that Member State in the preceding calendar year.
CHAPTER III
Recovery of benefits provided but not due, recovery of provisional payments and contributions, offsetting and assistance with recovery
Section 1
Principles
Article 71
Common provisions
For the purposes of applying Article 84 of the basic Regulation and within the framework defined therein, the recovery of claims shall, wherever possible, be by way of offsetting either between the institutions of Member States concerned, or vis-à-vis the natural or legal person concerned in accordance with Articles 72 to 74 of the implementing Regulation. If it is not possible to recover all or any of the claim via this offsetting procedure, the remainder of the amount due shall be recovered in accordance with Articles 75 to 85 of the implementing Regulation.
Section 2
Offsetting
Article 72
Benefits received unduly
If a person has received social welfare assistance in one Member State during a period in which he was entitled to benefits under the legislation of another Member State, the body which provided the assistance may, if it is legally entitled to reclaim the benefits due to the person concerned, request the institution of any other Member State responsible for paying benefits in favour of the person concerned to deduct the amount of assistance paid from the amounts which that Member State pays to the person concerned.
This provision shall apply mutatis mutandis to any family member of a person concerned who has received assistance in the territory of a Member State during a period in which the insured person was entitled to benefits under the legislation of another Member State in respect of that family member.
The institution of a Member State which has paid an undue amount of assistance shall send a statement of the amount due to the institution of the other Member State, which shall then deduct the amount, subject to the conditions and limits laid down for this kind of offsetting procedure in accordance with the legislation it applies, and transfer the amount without delay to the institution that has paid the undue amount.
Article 73
Provisionally paid benefits in cash or contributions
For the purposes of applying Article 6 of the implementing Regulation, at the latest three months after the applicable legislation has been determined or the institution responsible for paying the benefits has been identified, the institution which provisionally paid the cash benefits shall draw up a statement of the amount provisionally paid and shall send it to the institution identified as being competent.
The institution identified as being competent for paying the benefits shall deduct the amount due in respect of the provisional payment from the arrears of the corresponding benefits it owes to the person concerned and shall without delay transfer the amount deducted to the institution which provisionally paid the cash benefits.
If the amount of provisionally paid benefits exceeds the amount of arrears, or if arrears do not exist, the institution identified as being competent shall deduct this amount from ongoing payments subject to the conditions and limits applying to this kind of offsetting procedure under the legislation it applies, and without delay transfer the amount deducted to the institution which provisionally paid the cash benefits.
The institution which has provisionally received contributions from a legal and/or natural person shall not reimburse the amounts in question to the person who paid them until it has ascertained from the institution identified as being competent the sums due to it under Article 6(4) of the implementing Regulation.
Upon request of the institution identified as being competent, which shall be made at the latest three months after the applicable legislation has been determined, the institution that has provisionally received contributions shall transfer them to the institution identified as being competent for that period for the purpose of settling the situation concerning the contributions owed by the legal and/or natural person to it. The contributions transferred shall be retroactively deemed as having been paid to the institution identified as being competent.
If the amount of provisionally paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which provisionally received contributions shall reimburse the amount in excess to the legal and/or natural person concerned.
Article 74
Costs related to offsetting
No costs are payable where the debt is recovered via the offsetting procedure provided for in Articles 72 and 73 of the implementing Regulation.
Section 3
Recovery
Article 75
Definitions and common provisions
For the purposes of this Section:
Article 76
Requests for information
At the request of the applicant party, the requested party shall provide any information which would be useful to the applicant party in the recovery of its claim.
In order to obtain that information, the requested party shall make use of the powers provided for under the laws, regulations or administrative provisions applying to the recovery of similar claims arising in its own Member State.
The requested party shall not be obliged to supply information:
which it would not be able to obtain for the purpose of recovering similar claims arising in its own Member State;
which would disclose any commercial, industrial or professional secrets; or
the disclosure of which would be liable to prejudice the security of or be contrary to the public policy of the Member State.
Article 77
Notification
Article 78
Request for recovery
The applicant party may only make a request for recovery if:
the claim and/or the instrument permitting its enforcement are not contested in its own Member State, except in cases where the second subparagraph of Article 81(2) of the implementing Regulation is applied;
it has, in its own Member State, applied appropriate recovery procedures available to it on the basis of the instrument referred to in paragraph 1, and the measures taken will not result in the payment in full of the claim;
the period of limitation according to its own legislation has not expired.
The request for recovery shall indicate:
the name, address and any other relevant information relating to the identification of the natural or legal person concerned and/or to the third party holding his or her assets;
the name, address and any other relevant information relating to the identification of the applicant party;
a reference to the instrument permitting its enforcement, issued in the Member State of the applicant party;
the nature and amount of the claim, including the principal, the interest, fines, administrative penalties and all other charges and costs due indicated in the currencies of the Member States of the applicant and requested parties;
the date of notification of the instrument to the addressee by the applicant party and/or by the requested party;
the date from which and the period during which enforcement is possible under the laws in force in the Member State of the applicant party;
any other relevant information.
Article 79
Instrument permitting enforcement of the recovery
Notwithstanding paragraph 1, the instrument permitting enforcement of the claim may, where appropriate and in accordance with the provisions in force in the Member State of the requested party, be accepted as, recognised as, supplemented with, or replaced by an instrument authorising enforcement in the territory of that Member State.
Within three months of the date of receipt of the request for recovery, Member States shall endeavour to complete the acceptance, recognition, supplementing or replacement, except in cases where the third subparagraph of this paragraph applies. Member States may not refuse to complete these actions where the instrument permitting enforcement is properly drawn up. The requested party shall inform the applicant party of the grounds for exceeding the three-month period.
If any of these actions should give rise to a dispute in connection with the claim and/or the instrument permitting enforcement issued by the applicant party, Article 81 of the implementing Regulation shall apply.
Article 80
Payment arrangements and deadlines
The requested party may, where the laws, regulations or administrative provisions in force in its own Member State so permit, and after consulting the applicant party, allow the debtor time to pay or authorise payment by instalment. Any interest charged by the requested party in respect of such extra time to pay shall also be remitted to the applicant party.
From the date on which the instrument permitting enforcement of the recovery of the claim has been directly recognised in accordance with Article 79(1) of the implementing Regulation, or accepted, recognised, supplemented or replaced in accordance with Article 79(2) of the implementing Regulation, interest shall be charged for late payment under the laws, regulations and administrative provisions in force in the Member State of the requested party and shall also be remitted to the applicant party.
Article 81
Contestation concerning the claim or the instrument permitting enforcement of its recovery and contestation concerning enforcement measures
As soon as the requested party has received the notification or information referred to in paragraph 1 either from the applicant party or from the interested party, it shall suspend the enforcement procedure pending the decision of the appropriate authority in the matter, unless the applicant party requests otherwise in accordance with the second subparagraph of this paragraph. Should the requested party deem it necessary, and without prejudice to Article 84 of the implementing Regulation, it may take precautionary measures to guarantee recovery insofar as the laws or regulations in force in its own Member State allow such action for similar claims.
Notwithstanding the first subparagraph, the applicant party may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the requested party to recover a contested claim, in so far as the relevant laws, regulations and administrative practices in force in the requested party’s Member State allow such action. If the result of the contestation is subsequently favourable to the debtor, the applicant party shall be liable for the reimbursement of any sums recovered, together with any compensation due, in accordance with the legislation in force in the requested party’s Member State.
Article 82
Limits applying to assistance
The requested party shall not be obliged:
to grant the assistance provided for in Articles 78 to 81 of the implementing Regulation if recovery of the claim would, because of the situation of the debtor, create serious economic or social difficulties in the Member State of the requested party, insofar as the laws, regulations or administrative practices in force in the Member State of the requested party allow such action for similar national claims;
to grant the assistance provided for in Articles 76 to 81 of the implementing Regulation, if the initial request under Articles 76 to 78 of the implementing Regulation applies to claims more than five years old, dating from the moment the instrument permitting the recovery was established in accordance with the laws, regulations or administrative practices in force in the Member State of the applicant party at the date of the request. However, if the claim or instrument is contested, the time limit begins from the moment that the Member State of the applicant party establishes that the claim or the enforcement order permitting recovery may no longer be contested.
Article 83
Periods of limitation
Questions concerning periods of limitation shall be governed as follows:
by the laws in force in the Member State of the applicant party, insofar as they concern the claim and/or the instrument permitting its enforcement; and
by the laws in force in the Member State of the requested party, insofar as they concern enforcement measures in the requested Member State.
Periods of limitation according to the laws in force in the Member State of the requested party shall start from the date of direct recognition or from the date of acceptance, recognition, supplementing or replacement in accordance with Article 79 of the implementing Regulation.
Article 84
Precautionary measures
Upon reasoned request by the applicant party, the requested party shall take precautionary measures to ensure recovery of a claim in so far as the laws and regulations in force in the Member State of the requested party so permit.
For the purposes of implementing the first paragraph, the provisions and procedures laid down in Articles 78, 79, 81 and 82 of the implementing Regulation shall apply mutatis mutandis.
Article 85
Costs related to recovery
Article 86
Review clause
No later than the fourth full calendar year after the entry into force of the implementing Regulation, the Administrative Commission shall present a comparative report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation.
On the basis of this report, the European Commission may, as appropriate, submit proposals to review these time limits with the aim of reducing them in a significant way.
No later than 1 May 2015, the Administrative Commission shall present a report specifically assessing the application of Chapters I and III of Title IV of the implementing Regulation, in particular with regard to the procedures and time limits referred to in Article 67(2), (5) and (6) of the implementing Regulation and to the recovery procedures referred to in Articles 75 to 85 of the implementing Regulation.
In the light of this report, the European Commission may, if necessary, submit appropriate proposals to make these procedures more efficient and balanced.
TITLE V
MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS
Article 87
Medical examination and administrative checks
Without prejudice to other provisions, where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State other than that in which the debtor institution is located, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination. This institution shall be bound by the findings of the institution of the place of stay or residence.
The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice. However, the beneficiary may be asked to return to the Member State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State other than that in which the debtor institution is located, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
Paragraph 2 shall also apply in this case.
Article 88
Notifications
Article 89
Information
Article 90
Currency conversion
For the purposes of applying the basic Regulation and the implementing Regulation, the exchange rate between two currencies shall be the reference rate published by the European Central Bank. The date to be taken into account for determining the exchange rate shall be fixed by the Administrative Commission.
Article 91
Statistics
The competent authorities shall compile statistics on the application of the basic Regulation and the implementing Regulation and forward them to the secretariat of the Administrative Commission. Those data shall be collected and organised according to the plan and method defined by the Administrative Commission. The European Commission shall be responsible for disseminating the information.
Article 92
Amendment of the Annexes
Annexes 1, 2, 3, 4 and 5 to the implementing Regulation and Annexes VI, VII, VIII and IX to the basic Regulation may be amended by Commission Regulation at the request of the Administrative Commission.
Article 93
Transitional provisions
Article 87 of the basic Regulation shall apply to the situations covered by the implementing Regulation.
Article 94
Transitional provisions relating to pensions
Where the contingency arises before the date of entry into force of the implementing Regulation in the territory of the Member State concerned and the claim for pension has not been awarded before that date, such claim shall give rise to a double award, in as much as benefits must be granted, pursuant to such contingency, for a period prior to that date:
for the period prior to the date of entry into force of the implementing Regulation in the territory of the Member State concerned, in accordance with Regulation (EEC) No 1408/71, or with agreements in force between the Member States concerned;
for the period commencing on the date of entry into force of the implementing Regulation in the territory of the Member State concerned, in accordance with the basic Regulation.
However, if the amount calculated pursuant to the provisions referred to under point (a) is greater than that calculated pursuant to the provisions referred to under point (b), the person concerned shall continue to be entitled to the amount calculated pursuant to the provisions referred to under point (a).
Article 95
Transitional period for electronic data exchanges
Each Member State may benefit from a transitional period for exchanging data by electronic means as provided for by Article 4(2) of the implementing Regulation.
These transitional periods shall not exceed 24 months from the date of entry into force of the implementing Regulation.
However, if the delivery of the necessary Community infrastructure (Electronic Exchange of Social Security information — EESSI) is significantly delayed with regard to the entry into force of the implementing Regulation, the Administrative Commission may agree on any appropriate extension of these periods.
Article 96
Repeal
Regulation (EEC) No 574/72 is repealed with effect from 1 May 2010.
However, Regulation (EEC) No 574/72 shall remain in force and continue to have legal effect for the purposes of:
Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality ( 2 ), until such time as that Regulation is repealed or amended;
Council Regulation (EEC) No 1661/85 of 13 June 1985 laying down the technical adaptations to the Community rules on social security for migrant workers with regard to Greenland ( 3 ), until such time as that Regulation is repealed or amended;
the Agreement on the European Economic Area ( 4 ), the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons ( 5 ) and other agreements containing a reference to Regulation (EEC) No 574/72, until such time as those agreements are amended on the basis of the implementing Regulation.
Article 97
Publication and entry into force
This Regulation shall be published in the Official Journal of the European Union. It shall enter into force on 1 May 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX 1
Implementing provisions for bilateral agreements remaining in force and new bilateral implementing agreements
(referred to in Article 8(1) and Article 9(2) of the implementing Regulation)
BELGIUM — DENMARK
The Exchange of Letters of 8 May 2006 and 21 June 2006 on the Agreement of reimbursement with the actual amount of the benefit provided to members of the family of an employed or self-employed person insured in Belgium, where the family member resides in Denmark and to pensioners and/or members of their family insured in Belgium but residing in Denmark
BELGIUM — GERMANY
The Agreement of 29 January 1969 on the collection and recovery of social security contributions
▼M6 —————
BELGIUM — SPAIN
The Agreement of 25 May 1999 on the reimbursement of benefits in kind according to the provisions of Regulations (EEC) No 1408/71 and No 574/72
BELGIUM — FRANCE
The Agreement of 4 July 1984 relating to medical examinations of frontier workers resident in one country and working in another
The Agreement of 14 May 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations, adopted pursuant to Article 105(2) of Regulation (EEC) No 574/72
The Agreement of 3 October 1977 implementing Article 92 of Regulation (EEC) No 1408/71 (recovery of social security contributions)
The Agreement of 29 June 1979 concerning the reciprocal waiving of reimbursement provided for in Article 70(3) of Regulation (EEC) No 1408/71 (costs of unemployment benefit)
The Administrative Arrangement of 6 March 1979 on the procedures for the implementation of the Additional Convention of 12 October 1978 on social security between Belgium and France in respect of its provisions relating to self-employed persons
The Exchange of Letters of 21 November 1994 and 8 February 1995 concerning the procedures for the settlement of reciprocal claims pursuant to Articles 93, 94, 95 and 96 of Regulation (EEC) No 574/72
BELGIUM — ITALY
The Agreement of 12 January 1974 implementing Article 105(2) of Regulation (EEC) No 574/72
The Agreement of 31 October 1979 implementing Article 18(9) of Regulation (EEC) No 574/72
The Exchange of Letters of 10 December 1991 and 10 February 1992 concerning the reimbursement of reciprocal claims under Article 93 of Regulation (EEC) No 574/72
The Agreement of 21.11.2003 on the terms for settling reciprocal claims under Articles 94 and 95 of Council Regulation (EEC) No 574/72
BELGIUM — LUXEMBOURG
The Agreement of 28 January 1961 on the recovery of social security contributions
The Agreement of 16 April 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations, as provided for in Article 105(2) of Regulation (EEC) No 574/72
BELGIUM — NETHERLANDS
▼M1 —————
The Agreement of 13 March 2006 on health care insurance
The Agreement of 12 August 1982 on sickness, maternity and invalidity insurance
BELGIUM — UNITED KINGDOM
The Exchange of Letters of 4 May and 14 June 1976 regarding Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs of administrative checks and medical examinations)
The Exchange of Letters of 18 January and 14 March 1977 regarding Article 36(3) of Regulation (EEC) No 1408/71 (arrangement for reimbursement or waiving of reimbursement of the costs of benefits in kind provided under the terms of Chapter 1 of Title III of Regulation (EEC) No 1408/71) as amended by the Exchange of Letters of 4 May and 23 July 1982 (agreement for reimbursement of costs incurred under Article 22(1)(a) of Regulation (EEC) No 1408/71)
BULGARIA — CZECH REPUBLIC
Article 29(1) and (3) of the Agreement of 25 November 1998 and Article 5(4) of the Administrative Arrangement of 30 November 1999 on the waiving of reimbursement of the costs of administrative checks and medical examinations
BULGARIA — GERMANY
Articles 8 to 9 of the Administrative Agreement on implementing the Convention on social security of 17 December 1997 in the pension field
CZECH REPUBLIC — SLOVAKIA
Articles 15 and 16 of the Administrative Arrangement of 8 January 1993 concerning the specification of a seat of the employer and the place of residence for the purposes of application of Article 20 of the Convention of 29 October 1992 on social security
DENMARK — IRELAND
The Exchange of Letters of 22 December 1980 and 11 February 1981 on the reciprocal waiving of reimbursement of the costs of benefits in kind granted under insurance for sickness, maternity, accidents at work and occupational diseases, and of unemployment benefits and of the costs of administrative checks and medical examinations (Articles 36(3), 63(3) of Regulation (EEC) No 1408/71 and Article 105(2) of Regulation (EEC) No 574/72)
▼M6 —————
DENMARK — SPAIN
Agreement of 11 December 2006 of advance payment, time-limits and reimbursement with the actual amount of the benefit provided to members of the family of an employed or self-employed person insured in Spain, where the family member resides in Denmark and to pensioners and/or members of their family insured in Spain but residing in Denmark
▼M4 —————
▼M5 —————
▼M1 —————
▼M4 —————
DENMARK — PORTUGAL
The Agreement of 17 April 1998 on the partial waiving of reimbursement of costs of benefits in kind under insurance for sickness, maternity, accidents at work and occupational diseases and administrative checks and medical examinations
DENMARK — FINLAND
Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs of administrative checks and medical examinations)
DENMARK — SWEDEN
Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs of administrative checks and medical examinations)
DENMARK — UNITED KINGDOM
The Exchange of Letters of 30 March and 19 April 1977 as modified by an Exchange of Letters of 8 November 1989 and of 10 January 1990 on agreement of waiving of reimbursement of the costs of benefits in kind and administrative checks and medical examinations
GERMANY — FRANCE
The Agreement of 26 May 1981 implementing Article 92 of Regulation (EEC) No 1408/71 (collection and recovery of social security contributions)
GERMANY — ITALY
The Agreement of 3 April 2000 on the collection and recovery of social security contributions
GERMANY — LUXEMBOURG
The Agreement of 14 October 1975 on the waiving of reimbursement of the costs of administrative checks and medical examinations, adopted pursuant to Article 105(2) of Regulation (EEC) No 574/72
The Agreement of 14 October 1975 on the collection and recovery of social security contributions
The Agreement of 25 January 1990 relating to the application of Articles 20 and 22(1)(b) and (c) of Regulation (EEC) No 1408/71
▼M1 —————
GERMANY — AUSTRIA
Section II, Number 1, and section III of the Agreement of 2 August 1979 on the implementation of the Convention on unemployment insurance of 19 July 1978 shall continue to apply to persons who have exercised an activity as a frontier worker on or before 1 January 2005 who become unemployed before 1 January 2011
GERMANY — POLAND
The Agreement of 11 January 1977 on the implementation of the Convention of 9 October 1975 on old-age pensions and benefits for accidents at work
ESTONIA — UNITED KINGDOM
The Arrangement finalised on 29 March 2006 between the Competent Authorities of the Republic of Estonia and of the United Kingdom under Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 establishing other methods of reimbursement of the costs of benefits in kind provided under this Regulation by both countries with effect from 1 May 2004
IRELAND — FRANCE
The Exchange of Letters of 30 July 1980 and 26 September 1980 concerning Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 (reciprocal waiving of reimbursement of the costs of benefits in kind) and Article 105(2) of Regulation (EEC) No 574/72 (reciprocal waiving of reimbursement of the costs of administrative checks and medical examinations)
IRELAND — LUXEMBOURG
The Exchange of Letters of 26 September 1975 and 5 August 1976 concerning Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71and Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs of benefits in kind provided pursuant to Chapter 1 or 4 of Title III of Regulation (EEC) No 1408/71, and of the costs of administrative checks and medical examinations referred to in Article 105 of Regulation (EEC) No 574/72)
IRELAND — NETHERLANDS
The Exchange of Letters of 22 April and 27 July 1987 concerning Article 70(3) of Regulation (EEC) No 1408/71 (waiving of costs of reimbursement in respect of benefits awarded in application of Article 69 of Regulation (EEC) No 1408/71) and Article 105(2) of Regulation (EEC) No 574/72 (waiving of the reimbursement of the costs of administrative checks and medical examinations referred to in Article 105 of Regulation (EEC) No 574/72)
IRELAND — SWEDEN
The Agreement of 8 November 2000 on the waiving of reimbursement of the costs of benefits in kind of sickness, maternity, accidents at work and occupational diseases, and the costs of administrative and medical controls
IRELAND — UNITED KINGDOM
The Exchange of Letters of 9 July 1975 regarding Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 (arrangement for reimbursement or waiving of reimbursement of the costs of benefits in kind provided under the terms of Chapter 1 or 4 of Title III of Regulation (EEC) No 1408/71) and Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs of administrative checks and medical examinations)
▼M4 —————
SPAIN — FRANCE
The Agreement of 17 May 2005 establishing the specific arrangements for the management and settlement of reciprocal claims in respect of health care benefits pursuant to Regulations (EEC) No 1408/71 and (EEC) No 574/72
SPAIN — ITALY
The Agreement on a new procedure for the improvement and simplification of reimbursements of costs for health care of 21 November 1997 concerning Article 36(3) of Regulation (EEC) No 1408/71 (reimbursement of sickness and maternity benefits in kind) and Articles 93, 94, 95, 100 and 102(5) of Regulation (EEC) No 574/72 (procedures for the refund and sickness and maternity insurance benefits and late claims)
▼M4 —————
SPAIN — PORTUGAL
▼M3 —————
The Agreement of 2 October 2002 laying down detailed arrangements for the management and settlement of reciprocal claims for health care with a view to facilitating and accelerating the settlement of these claims
SPAIN — SWEDEN
The Agreement of 1 December 2004 on the reimbursement of the costs of benefits in kind provided under Regulations (EEC) No 1408/71 and (EEC) No 574/72
SPAIN — UNITED KINGDOM
The Agreement of 18 June 1999 on the reimbursement of costs for benefits in kind granted pursuant to the provisions of Regulations (EEC) No 1408/71 and (EEC) No 574/72
FRANCE — ITALY
The Exchange of Letters of 14 May and 2 August 1991 concerning the terms for settling reciprocal claims under Article 93 of Regulation (EEC) No 574/72
The supplementary Exchange of Letters of 22 March and 15 April 1994 concerning the procedures for the settlement of reciprocal debts under the terms of Articles 93, 94, 95 and 96 of Regulation (EEC) No 574/72
The Exchange of Letters of 2 April 1997 and 20 October 1998 modifying the Exchange of Letters mentioned under points (a) and (b) concerning the procedures for the settlement of reciprocal debts under the terms of Articles 93, 94, 95 and 96 of Regulation (EEC) No 574/72
The Agreement of 28 June 2000 waiving reimbursement of the costs referred to in Article 105(1) of Regulation (EEC) No 574/72 for administrative checks and medical examinations requested under Article 51 of the abovementioned Regulation
FRANCE — LUXEMBOURG
▼M4 —————
The Agreement of 2 July 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations provided for in Article 105(2) of Council Regulation (EEC) No 574/72 of 21 March 1972
The Exchange of Letters of 17 July and 20 September 1995 concerning the terms for settling reciprocal claims under Articles 93, 95 and 96 of Regulation (EEC) No 574/72 and the Exchange of Letters dated 10 July and 30 August 2013
FRANCE — NETHERLANDS
The Agreement of 28 April 1997 on the waiving of reimbursement of the costs of administrative checks and medical examinations pursuant to Article 105 of Regulation (EEC) No 574/72
◄▼M4 —————
FRANCE — PORTUGAL
The Agreement of 28 April 1999 laying down special detailed rules governing the administration and settlement of reciprocal claims for medical treatment pursuant to Regulations (EEC) No 1408/71 and EEC No 574/72
FRANCE — UNITED KINGDOM
The Exchange of Letters of 25 March and 28 April 1997 regarding Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs of administrative checks and medical examinations)
The Agreement of 8 December 1998 on the specific methods of determining the amounts to be reimbursed for benefits in kind pursuant to Regulations (EEC) No 1408/71 and (EEC) No 574/72
ITALY — LUXEMBOURG
Article 4(5) and (6) of the Administrative Arrangement of 19 January 1955 on the implementing provisions of the General Convention on Social Security (sickness insurance for agricultural workers)
▼M4 —————
ITALY — UNITED KINGDOM
The Arrangement signed on 15 December 2005 between the Competent Authorities of the Italian Republic and of the United Kingdom under Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 establishing other methods of reimbursement of the costs of benefits in kind provided under this Regulation by both countries with effect from 1 January 2005
LUXEMBOURG — NETHERLANDS
The Agreement of 1 November 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations adopted pursuant to Article 105(2) of Regulation (EEC) No 574/72
LUXEMBOURG — SWEDEN
The Arrangement of 27 November 1996 on the reimbursement of expenditure in the field of social security
LUXEMBOURG — UNITED KINGDOM
The Exchange of Letters of 18 December 1975 and 20 January 1976 regarding Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs entailed in administrative checks and medical examinations referred to in Article 105 of Regulation (EEC) No 574/72)
HUNGARY — UNITED KINGDOM
The Arrangement finalised on 1 November 2005 between the Competent Authorities of the Republic of Hungary and of the United Kingdom under Articles 35(3) and 41(2) of Regulation (EEC) No 883/2004 establishing other methods of reimbursement of the costs of benefits in kind provided under that Regulation by both countries with effect from 1 May 2004
MALTA — UNITED KINGDOM
The Arrangement finalised on 17 January 2007 between the Competent Authorities of Malta and of the United Kingdom under Articles 35(3) and 41(2) of Regulation (EEC) No 883/2004 establishing other methods of reimbursement of the costs of benefits in kind provided under that Regulation by both countries with effect from 1 May 2004
▼M1 —————
NETHERLANDS — UNITED KINGDOM
▼M4 —————
PORTUGAL — UNITED KINGDOM
The Arrangement of 8 June 2004 establishing other methods of reimbursement of the costs of benefits in kind provided by both countries with effect from 1 January 2003
FINLAND — SWEDEN
Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs of administrative checks and medical examinations)
FINLAND — UNITED KINGDOM
The Exchange of Letters 1 and 20 June 1995 concerning Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 (reimbursement or waiving of reimbursement of the cost of benefits in kind) and Article 105(2) of Regulation (EEC) 574/72 (waiving of reimbursement of the cost of administrative checks and medical examinations)
SWEDEN — UNITED KINGDOM
The Arrangement of 15 April 1997 concerning Article 36(3) and Article 63(3) of Regulation (EEC) No 1408/71 (reimbursement or waiving of reimbursement of the cost of benefits in kind) and Article 105(2) of Regulation (EEC) No 574/72 (waiving of refunds of the costs of administrative checks and medical examinations)
ANNEX 2
Special schemes for civil servants
(referred to in ►M1 Articles 32(2) and 41(1) ◄ of the implementing Regulation)
|
A. |
Special schemes for civil servants which are not covered by Title III, Chapter 1 of Regulation (EC) No 883/2004 concerning benefits in kind Germany Special sickness scheme for civil servants |
|
B. |
Special schemes for civil servants which are not covered by Title III, Chapter 1 of Regulation (EC) No 883/2004, with the exception of Article 19, paragraph 1 of Article 27 and Article 35, concerning benefits in kind Spain Special scheme of social security for civil servants Special scheme of social security for the armed forces Special scheme of social security for the court officials and administrative staff |
|
C. |
Special schemes for civil servants which are not covered by Title III, Chapter 2 of Regulation (EC) No 883/2004 concerning benefits in kind Germany Special accident scheme for civil servants |
ANNEX 3
Member States claiming the reimbursement of the cost of benefits in kind on the basis of fixed amounts
(referred to in Article 63(1) of the implementing Regulation)
IRELAND
SPAIN
CYPRUS
▼M3 —————
▼M6 —————
PORTUGAL
▼M6 —————
SWEDEN
UNITED KINGDOM
ANNEX 4
Details of the database referred to in Article 88(4) of the implementing Regulation
1. Content of the database
An electronic directory (URL) of the bodies concerned shall indicate:
the names of the bodies in the official language(s) of the Member State as well as in English
the identification code and the EESSI electronic addressing
their function in respect of the definitions in Article 1(m), (q) and (r) of the basic Regulation and Article 1(a) and (b) of the implementing Regulation
their competence as regards the different risks, types of benefits, schemes and geographical coverage
which part of the basic Regulation the bodies are applying
the following contact details: postal address, telephone, telefax, e-mail address and the relevant URL address
any other information necessary for the application of the basic Regulation or the implementing Regulation.
2. Administration of the database
The electronic directory is hosted in EESSI at the level of the European Commission.
Member States are responsible for collecting and checking the necessary information of bodies and for the timely submission to the European Commission of any entry or change of the entries falling under their responsibility.
3. Access
Information used for operational and administrative purposes is not accessible to the public.
4. Security
All modifications to the database (insert, update, delete) shall be logged. Prior to accessing the Directory for the purposes of modifying entries, users shall be identified and authenticated. Prior to any attempt of a modification of an entry, the user’s authorisation to perform this action will be checked. Any unauthorised action shall be rejected and logged.
5. Language Regime
The general language regime of the database is English. The name of bodies and their contact details should also be inserted in the official language(s) of the Member State.
ANNEX 5
Member States determining, on a reciprocal basis, the maximum amount of reimbursement referred to in the third sentence of Article 65(6) of the basic Regulation, on the basis of the average amount of unemployment benefits provided under their legislations in the preceding calendar year
(referred to in Article 70 of the implementing Regulation)
BELGIUM
CZECH REPUBLIC
DENMARK
GERMANY
NETHERLANDS
AUSTRIA
SLOVAKIA
FINLAND
( 1 ) OJ L 373, 31.12.1991, p. 4.
( 2 ) OJ L 124, 20.5.2003, p. 1.
( 3 ) OJ L 160, 20.6.1985, p. 7.
( 4 ) OJ L 1, 3.1.1994, p. 1.
( 5 ) OJ L 114, 30.4.2002, p. 6.
( 6 ) OJ L 209, 25.7.1998, p. 46.