20.5.2014   

EN

Official Journal of the European Union

C 152/1

20.5.2014   

EN

Official Journal of the European Union

C 152/2

(1)

In accordance with Regulation (EU) No 649/2012 the Commission is to decide on behalf of the Union whether or not to permit the import into the Union of each chemical subject to the Prior Informed Consent (PIC) procedure.

(2)

The United Nations Environment Programme (UNEP) and the Food and Agriculture Organization (FAO) have been appointed to provide secretariat services for the operation of the PIC procedure established by the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (hereinafter ‘the Rotterdam Convention’), approved by Council Decision 2006/730/EC (3).

(3)

The Commission, acting as common designated authority, is required to forward import decisions on chemicals subject to the PIC procedure to the Secretariat of the Rotterdam Convention, on behalf of the Union and its Member States.

(4)

The chemical azinphos-methyl has been added to the PIC procedure, as a pesticide, by Decision RC 6/4 of the sixth meeting of the Conference of the Parties to the Rotterdam Convention. The Commission has received information thereof from the Secretariat of the Rotterdam Convention in the form of a decision guidance document. The placing on the market and use of azinphos-methyl as constituent of mixtures acting as plant protection products is banned by Regulation (EC) No 1107/2009 of the European Parliament and of the Council (4).

(5)

The chemical commercial pentabromodiphenyl ether, which includes tetrabromodiphenyl ether and pentabromodiphenyl ether, has been added to the PIC procedure, as an industrial chemical, by Decision RC 6/5 of the sixth meeting of the Conference of the Parties to the Rotterdam Convention. The Commission has received information thereof from the Secretariat of the Rotterdam Convention in the form of a decision guidance document. The production, placing on the market and use of tetrabromodiphenyl ether and pentabromodiphenyl ether are banned, subject to specific exemptions, by Regulation (EC) No 850/2004 of the European Parliament and of the Council (5).

(6)

The chemical commercial octabromodiphenyl ether, which includes hexabromodiphenyl ether and heptabromodiphenyl ether, has been added to the PIC procedure, as an industrial chemical, by Decision RC 6/6 of the sixth meeting of the Conference of the Parties to the Rotterdam Convention. The Commission has received information thereof from the Secretariat of the Rotterdam Convention in the form of a decision guidance document. The production, placing on the market and use of hexabromodiphenyl ether and heptabromodiphenyl ether are banned, subject to specific exemptions, by Regulation (EC) No 850/2004.

(7)

The chemicals perfluorooctane sulfonic acid, perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls have been added to the PIC procedure, as industrial chemicals, by Decision RC 6/7 of the sixth meeting of the Conference of the Parties to the Rotterdam Convention. The Commission has received information thereof from the Secretariat of the Rotterdam Convention in the form of a decision guidance document. The production, placing on the market and use of perfluorooctane sulfonic acid, perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls are banned, subject to a number of specific exemptions, by Regulation (EC) No 850/2004.

(8)

A final import decision concerning azinphos-methyl, commercial pentabromodiphenyl ether, commercial octabromodiphenyl ether, perfluorooctane sulfonic acid, perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls should be adopted,

20.5.2014   

EN

Official Journal of the European Union

C 152/16

(1)

Regulations (EC) Nos 883/2004 and 987/2009 entered into force on 1 May 2010 and Regulations (EEC) Nos 1408/71 and 574/72 were repealed on the same date, except for the situations governed by Article 90(1) of Regulation (EC) No 883/2004 and Article 96(1) of Regulation (EC) No 987/2009.

(2)

It is necessary to clarify the determination of debtor and creditor Member State in situations where benefits in kind were provided or authorised under Regulations (EEC) Nos 1408/71 and 574/72 but the reimbursements of costs for these benefits are settled after Regulations (EC) Nos 883/2004 and 987/2009 enter into force, in particular where the competence for bearing of the costs changes under the new Regulations.

(3)

It is necessary to clarify which procedure for reimbursement shall be applied in situations where benefits in kind were provided under Regulations (EEC) Nos 1408/71 and 574/72 but the reimbursement procedure takes place after the date of entry into force of Regulations (EC) Nos 883/2004 and 987/2009.

(4)

Paragraph 5 of Decision No H1 clarifies the status of certificates (E-forms) and the European Health Insurance Card (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulation (EC) Nos 883/2004 and 987/2009.

(5)

Provisions of paragraph 4 of Decision S1 and Article 2 of Decision No S9 lay down the general principles on the responsibility for the costs of benefits provided on the basis of a valid European Health Insurance Card (EHIC) which should also apply in transitional situations.

(6)

Under Article 62 and 63 of Regulation (EC) No 987/2009 those Member States that are not listed in Annex 3 of Regulation (EC) No 987/2009 shall reimburse benefits in kind supplied to family members who do not reside in the same Member State as the insured person and to pensioners and members of their family on the basis of actual expenditure as from 1 May 2010.

(7)

The costs of benefits in kind provided under Articles 19(1), 20(1) and Article 27(1) and 27(3) of Regulation (EC) No 883/2004 shall be borne by the competent institution responsible for the costs of benefits in kind provided to family members who do not reside in the same Member State as the insured person and to pensioners and members of their family in their Member State of residence.

(8)

Under Article 64(7) of Regulation (EC) No 987/2009 Member States listed in Annex 3 may after 1 May 2010 continue to apply for five years Articles 94 and 95 of Regulation (EEC) No 574/72 for the calculation of the fixed amounts.

(9)

The Regulation (EC) No 987/2009 introduces new procedures for reimbursements of healthcare costs with the aim of speeding up the refunds between Member States and preventing a build-up of claims which remain unsettled for longer periods of time.

(10)

1.

If a treatment was supplied:

2.

The cost of the entire treatment shall be borne by the institution which granted the authorisation to a person to go to the territory of another Member State to receive there the treatment appropriate to his/her condition (scheduled treatment) under Regulations (EEC) Nos 1408/71 and 574/72

3.

If a treatment started to be supplied to a person under Article 22(3)(a) or Article 31(1)(a) of Regulation (EEC) No 1408/71, the costs of such treatment should be borne in accordance with provisions of these Articles even if the competence for bearing the person’s costs has changed according to the provisions of Regulation (EC) No 883/2004. Nevertheless, if the treatment continues

4.

If a treatment was provided under Article 19(1) or 27(1) of Regulation (EC) No 883/2004

1.

Claims for reimbursement on the basis of actual expenditure recorded in the accounts of the creditor Member State before 1 May 2010 shall be subject to the financial provisions of Regulation (EEC) No 574/72.

These claims shall be introduced to the liaison body of the debtor Member State no later than 31 December 2011.

2.

All claims for reimbursement on the basis of actual expenditure recorded in the accounts of the creditor Member State after 30 April 2010 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009.

1.

Claims for reimbursement in relation to Switzerland on the basis of actual expenditure recorded in the accounts of the creditor State before 1 April 2012 shall be subject to the financial provisions of Regulation (EEC) No 574/72.

2.

All claims for reimbursement in relation to Switzerland on the basis of actual expenditure recorded in the accounts of the creditor State by 31 March 2012 shall be introduced to the liaison body of the debtor State no later than 31 December 2013.

3.

All claims for reimbursement in relation to Switzerland on the basis of actual expenditure recorded in the accounts of the creditor State after 31 March 2012 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009.

1.

Claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of actual expenditure recorded in the accounts of the creditor State before 1 June 2012 shall be subject to the financial provisions of Regulation (EEC) No 574/72.

2.

All claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of actual expenditure recorded in the accounts of the creditor State by 31 May 2012 shall be introduced to the liaison body of the debtor State no later than 31 December 2013.

3.

All claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of actual expenditure recorded in the accounts of the creditor State after 31 May 2012 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009.

1.

Average costs regarding years up to and including 2009 shall be presented to the Audit Board no later than 31 December 2011. Average costs regarding the year 2010 shall be presented to the Audit Board no later than 31 December 2012.

2.

All claims for reimbursement on the basis of fixed amounts published in the Official Journal of the European Union before 1 May 2010 shall be introduced no later than 1 May 2011.

3.

All claims for reimbursement on the basis of fixed amounts published after 30 April 2010 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009. Article 67(2) of Regulation (EC) No 987/2009 shall not be applied to inventories concerning reference years prior the entering into force of Regulation (EC) No 987/2009.

1.

Average costs in relation with Switzerland regarding years up to and including 2011 shall be presented to the Audit Board no later than 31 December 2013. Average costs regarding the year 2012 shall be presented to the Audit Board no later than 31 December 2014.

2.

All claims for reimbursement in relation to Switzerland on the basis of fixed amounts published in the Official Journal of the European Union before 1 April 2012 shall be introduced no later than 1 April 2013.

3.

All claims for reimbursement in relation to Switzerland on the basis of fixed amounts published after 31 March 2012 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009. Article 67(2) of Regulation (EC) No 987/2009 shall not be applied to inventories concerning reference years prior the entering into force of Regulation (EC) No 987/2009.

1.

Average costs in relation with Iceland, Liechtenstein and Norway regarding years up to and including 2011 shall be presented to the Audit Board no later than 31 December 2013. Average costs regarding the year 2012 shall be presented to the Audit Board no later than 31 December 2014.

2.

All claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of fixed amounts published in the Official Journal of the European Union before 1 June 2012 shall be introduced no later than 1 June 2013.

3.

All claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of fixed amounts published after 31 May 2012 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009. Article 67(2) of Regulation (EC) No 987/2009 shall not be applied to inventories concerning reference years prior the entering into force of Regulation (EC) No 987/2009.

1.

Uncontested claims, in relation to Member States, shall be paid as early as possible, at the latest within 12 months from the date of entry into force of the decision.

2.

Uncontested claims, in relation to Switzerland, Iceland, Liechtenstein and Norway, shall be paid as early as possible, at the latest within 24 months from the date of entry into force of the decision

1.

Contestations to claims concerned, in relation to Member States, have to be received by the liaison body of the creditor Member State at the latest within 12 months from the date of entry into force of the decision. Contestations received after this date can be refused.

2.

Contestations to claims concerned, in relation to Switzerland, Iceland, Liechtenstein and Norway, have to be received by the liaison body of the creditor State at the latest within 24 months from the date of entry into force of the decision. Contestations received after this date can be refused.

3.

Replies to contestations, in relation to Member States, have to be received by the liaison body of the debtor Member State within 12 months of the end of the month during which the contestation was received and not later than 24 months from the date of entry into force of the decision. The liaison body of the creditor Member State shall reply and submit evidence required in the contestation.

4.

Replies to contestations, in relation to Switzerland, Iceland, Liechtenstein and Norway, have to be received by the liaison body of the debtor State within 12 months of the end of the month during which the contestation was received and not later than 36 months from the date of entry into force of the decision. The liaison body of the creditor State shall reply and submit evidence required in the contestation.

5.

Contested claims, in relation to Member States, shall be finally settled and paid at the latest within 24 months from the date of entry into force of the decision

6.

Contested claims, in relation to Switzerland, Iceland, Liechtenstein and Norway, shall be finally settled and paid at the latest within 36 months from the date of entry into force of the decision.

7.

In the absence of a reply by these dates, the contestation is considered as accepted. Replies received by the liaison body of the debtor State after this date can be refused.

1.

Claims which have not been settled within the periods set out above and for which the procedure as laid down under Article 67(7) of Regulation (EC) No 987/2009 has not been evoked by one of the parties within six months from the deadline for payment, shall be regarded as obsolete.

2.

Liaison bodies of States may bilaterally agree on a general solution concerning the final settlement of claims, without considering each individual case.

1.

When applying the transitional arrangements, the guiding principle shall be good cooperation between institutions, pragmatism and flexibility.

2.

This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of its publication.

3.

This Decision replaces Decision No S7 of 22 December 2009.

20.5.2014   

EN

Official Journal of the European Union

C 152/21

(1)

Article 95 of Regulation (EC) No 987/2009 provides for a transitional period of 24 months from its entry into force to allow Member States to implement and integrate the necessary national infrastructure for exchanging data by electronic means.

(2)

Article 95 of Regulation (EC) No 987/2009 empowers the Administrative Commission to agree on an extension of the transitional period for Member States if the delivery of the central infrastructure is significantly delayed.

(3)

The Administrative Commission has conducted an overall assessment of the situation of the project, both at EU and national levels, based on the analysis from the European Commission and from the EESSI Project Steering Committee and EESSI Executive Board.

(4)

According to this assessment, an extension of the transitional period is considered to be necessary in order to ensure the effective implementation of the EESSI system, taking into account the progress of preparations both at EU and national levels.

(5)

Considering the technical complexity of the project, the Administrative Commission considers it appropriate to extend the transitional period in a flexible way, allowing for 2 years for the Member States to implement and integrate the necessary national infrastructure from the date when it has confirmed that the central EESSI system is fit for purpose.

(6)

The Administrative Commission, taking into account the recommendations of the EESSI project Steering Committee, urges the European Commission to accompany the timeframe covering the development and testing of the central EESSI system leading up to its readiness for production with a robust planning and end date, with the highest possible level of accuracy, and to keep the Member States informed about this projected date through its usual communication channels.

(7)

The Administrative Commission, however, encourages Member States to start the electronic data exchange as soon as possible, without delay, to limit the period of parallel paper and electronic exchange as much as possible, in accordance with the intermediate milestones to be defined by the Administrative Commission, based on a proposal from the EESSI Executive Board.

(8)

The Administrative Commission notes the role of the Executive Board and its mandate to provide leadership and direction to the EESSI Programme.

(9)

In accordance with Article 95(1) of Regulation (EC) No 987/2009, the Administrative Commission may review this decision on the basis of the overall planning and analysis of the EESSI Executive Board.

(10)

Decision No E1 of 12 June 2009 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (3), will continue to apply mutatis mutandis during the extended period.

1.

The transitional period, referred to in Article 95(1) of Regulation (EC) No 987/2009 for the full exchange of data by electronic means by the Member States will be extended and the final date of the transitional period will be set based on the following algorithm: 2 years from the date when the central EESSI system will be developed, tested and delivered into production, ready for Member States to start the integration to the central system.

2.

The European Commission shall inform the Member States about the projected date for delivery of the central EESSI system by providing regular updates about the status of the project at the Administrative Commission meetings.

3.

The central EESSI system is considered delivered into production when all the components of the central EESSI system have been developed, tested and agreed as fit for purpose by the European Commission following consultation with the Executive Board.

4.

At the first meeting of the Administrative Commission following the European Commission decision as defined at paragraph 3, the decision will be presented to the Administrative Commission for endorsement. The 2 year period as defined at paragraph 1, allowing Member States to integrate to the central EESSI system will commence on the date the Administrative Commission Decision confirms that the central EESSI system is fit for purpose.

5.

This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of its publication in the Official Journal of the European Union.

6.

This Decision replaces Decision No E3 of 19 October 2011.

20.5.2014   

EN

Official Journal of the European Union

C 152/24

20.5.2014   

EN

Official Journal of the European Union

C 152/25

20.5.2014   

EN

Official Journal of the European Union

C 152/26

20.5.2014   

EN

Official Journal of the European Union

C 152/26

20.5.2014   

EN

Official Journal of the European Union

C 152/27

20.5.2014   

EN

Official Journal of the European Union

C 152/27

20.5.2014   

EN

Official Journal of the European Union

C 152/28