Changes from plenary report to adopted text

Added2. The request for precautionary measures may be accompanied by other documents relating to the claim, issued in the Member State of applicant party.

Added3. For the purpose of implementing paragraph 1 of this Article, the provisions and procedures laid down in Articles 78, 79, 81 and 82 of the implementing Regulation shall apply mutatis mutandis.";

Added(41) in Article 85, paragraph 1 is replaced by the following:

Added"1. The requested party shall recover from the natural or legal person concerned and retain any costs it incurs that are linked to recovery, in accordance with the laws and regulations that apply to similar claims in the Member State of the requested party.

Added1a. Where the costs linked to recovery cannot be recovered from the debtor in addition to the amount of the claim, those costs shall be deducted from any amount which was actually recovered or, where this is not possible, shall be reimbursed by the applicant party. The applicant party and the requested party may agree on a reimbursement arrangement specific to the case, or may agree to waive the reimbursement of such costs.";

Added(42) the following article is inserted:

Added"Article 85a

AddedPresence in administrative offices and participation in administrative enquiries

Added1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section:

Added(a) be present in the offices where the administrative authorities of the Member State of the requested party carry out their duties;

Added(b) be present during administrative enquiries carried out in the territory of the Member State of the requested party;

Added(c) assist the competent officials of the Member State of the requested party during court proceedings in that Member State.

Added2. In so far as it is permitted under the legislation in force in the Member State of the requested party, the agreement referred to in paragraph 1 may provide for officials of the Member State of applicant party to interview individuals and examine records.

Added3. Officials authorised by the applicant party shall, when acting pursuant to paragraph 1 or 2, hold written authority stating their identity and their official capacity.";

Added(43) Article 86 is deleted;

Added(44) the following article is inserted:

Added‘Article 86a

AddedPower to adopt implementing acts

Added1. The Commission shall, by means of implementing acts, further specify the procedure for recovery. Those implementing acts shall establish:

Added(a) practical arrangements needed for the application of this section as regards the sending of information and documents or decisions by electronic means to the person concerned in accordance with Article 4;

Added(b) the format of the uniform instrument referred to in Article 79;

Added(c) the information to be given by the requested party to the applicant party about the state of progress or outcome of the request and the applicable time frame in that respect;

Added(d) the measures to be taken by the institutions concerned in the case of an amendment or withdrawal of the claim which is the subject of a request for recovery;

Added(e) further detailed rules needed for implementing Article 75(2), Articles 76, 77, 78, 79, 80 and 81, Article 82(1), Article 83(1), second subparagraph, and Articles 84, 85 and 85a; and

Added(f) the determination of a minimum threshold for the amounts for which a request for recovery can be made.

Added2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88c(2) of the basic Regulation.’;

Added(45) Article 87 is amended as follows:

Added(a) paragraph 4 is replaced by the following:

Added‘4. Paragraphs 2 and 3 shall also apply in determining or checking the state of dependence of a recipient or a claimant of the long-term care benefits mentioned in Article 1(vb) of the basic Regulation.";

Added(b) paragraph 6 is replaced by the following:

Added"6. As an exception to the principle of free-of-charge mutual administrative cooperation in Article 76(2) of the basic Regulation, the effective amount of the expenses of the checks referred to in paragraphs 1 to 5 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them. However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits for its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence. ▌";

Added(46) the following article is inserted:

Added‘Article 87a

AddedEvaluation

AddedBy [5 years after the date of entry into force of the amending Regulation], the Commission shall carry out an evaluation on compliance with the time-limits referred to in Title II of the implementing Regulation and on the implementation of the rules in Article 14(5a) of that Regulation.

AddedIn its evaluation, the Commission shall also assess whether it is appropriate to extend the scope of long-term care benefits pursuant to the basic Regulation so as to cover work-related benefits.

AddedThe Commission shall submit a report setting out the results of its evaluation to the European Parliament, the Council and the Economic and Social Committee. Member States shall provide the Commission with necessary information for the preparation of this report.’;

Added(47) in Article 89, paragraph 3 is deleted;

Added(48) Article 92 is deleted;

Added(49) Article 93 is replaced by the following:

Added‘Article 93

AddedTransitional provisions

AddedArticles 87, 87a and 87b of the basic Regulation shall apply to the situations covered by the implementing Regulation..

Added(50) the following article is inserted:

Added“Article 94a

AddedTransitional provisions relating to unemployment benefits

Added1. Articles 56 and 70 and Annex 5, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to unemployment benefits for which applications are submitted before the relevant dates of application as set out in Article 97, second paragraph, point (2), and third and fourth paragraphs.

Added2. Article 73, in the version in force before … [date of entry into force of the amending Regulation] shall continue to apply to settlements of claims which started before … [24 months after the date of entry into force of the amending Regulation].

Added3. Section 3 of Chapter III of Title IV, in the version in force before … [date of entry into force of the amending Regulation], shall continue to apply to requests and contestations made before … [24 months after the date of entry into force of the amending Regulation].”;

Added(51) Article 96 is amended as follows:

Added(a) in paragraph 1, second subparagraph, the introductory wording is replaced by the following:

Added‘However, with the exception of Article 107, Regulation (EEC) No 574/72 shall remain in force and continue to have legal effect for the purposes of: ▌’;

Added(b) the following paragraph is inserted:

Added"1a For the purposes of the legislation referred to in paragraph 1 of this Article, the rules on currency conversion shall be governed by Article 90. ▌";

Added(52) Article 97 is replaced by the following:

Added‘Article 97

AddedEntry into force and application

AddedThis Regulation shall be published in the Official Journal of the European Union. It shall enter into force on 1 May 2010.

AddedNotwithstanding the first paragraph, the following dates of application shall apply:

Added(1) the following provisions, in the version in force from … [date of entry into force of the amending Regulation], shall apply from that date: