Changes from report parliamentary committee draft to plenary report

AddedArticle 2 – paragraph 1 – point 28, Article 73 – paragraph 4: 4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.

AddedRegulation 987/2009/EC

AddedArticle 2 – paragraph 1 – point 29, Article 75 – paragraph 4 a (new): 4a. The Member State where the person concerned by the refund of the social security contributions currently resides or stays, shall inform the Member State from which the refund is to be made, about the outcome of the refund within 25 working days.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 30, Article 76 – paragraph 3 b (new): 3b. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 31 – point b, Article 77 – paragraph 6 a (new): 6a. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 32 – point d, Article 78 – paragraphs 6 a, 6 b and 6 c (new): 6a. If the currency of the requested party is different from the currency of applicant party, the applicant authority shall express the amount of the claim to be recovered in both currencies. / 6b. The exchange rate to be used for the purpose of the recovery assistance shall be the last exchange rate published by the European Central Bank before the request is sent. / 6c. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 33, Article 79 – paragraph 2 a (new): 2a. A single uniform instrument permitting enforcement in the Member State of the requested party may be issued in respect to several claims and several persons corresponding to the initial instrument or instruments permitting enforcement in the Member State of the applicant party.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 34 – point b a (new), Article 80 – paragraph 2 a (new): (ba) the following paragraph is added: / “2a. Regardless of any amounts collected by the requested party by way of interest recovered, a claim shall be deemed recovered in proportion to the recovery of the amount expressed in the national currency of the Member State of the requested party on the basis of the exchange rate mentioned in the request.”

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 35 – point d, Article 81 – paragraph 5 a (new): 5a. In order to convert the amount of the claim resulting from an adjustment into the currency of the Member State of the requested party, the applicant party shall use the exchange rate used in its initial request.

AddedRegulation (EC) No 987/2009

▸6 unchanged paragraphs

Article 2 – paragraph 1 – point 39, Article 85a – paragraph 1 – introductory part: 1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials and responsible office-holders authorised by the applicant party or by the European Labour Authority may, with a view to promoting mutual assistance provided for in this Section:

Regulation (EC) No 987/2009

Article 2 – paragraph 1 – point 39, Article 85a – paragraph 1 – point b: b) be present during administrative enquiries carried out in the territory of the Member State of the requested party and/or the applicant party;

Regulation (EC) No 987/2009

Article 2 – paragraph 1 – point 39, Article 85a – paragraph 2: 2. 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(b) may provide that officials or responsible office-holders of the Member State of the applicant party and, if necessary, by the European Labour Authority, may interview individuals and examine records.

Regulation (EC) No 987/2009

Change 47

RemovedArticle 2 – paragraph 1 – point 39, Article 85a – paragraph 3: 3. Officials authorised by the applicant party or the European Labour Authority who make use of the possibilities offered by paragraphs 1 and 2 shall at all times be able to produce written authority stating their identity and their official capacity.

AddedArticle 2 – paragraph 1 – point 40 – point b, Article 87 – paragraph 6 – last sentence: However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence.

AddedIt has to be made clear that only in cases in which the requested institution also uses the findings for the granting of benefits on its own account to the person concerned, it shall not claim the expenses referred. In cases where the institution of stay uses the findings to provide benefits on account of the competent institution, the effective amount of expense of the checks shall be reimbursed.

AddedRegulation (EC) No 987/2009

AddedArticle 2 – paragraph 1 – point 40 a (new), Article 89 – paragraph 1 a (new): 40a. In Article 89, the following paragraph is inserted: / ‘1a. The institutions of the competent authorities shall make available to citizens, upon request, a copy of their personal file, together with concise and tailored information on the rules determining the competent authorities and their rights and entitlements under the basic Regulation and under the implementing Regulation.’

AddedArticle 3 – paragraph 1 a (new): Point 9a of Article 2 [inserting a new Article 15a into Regulation (EC) 987/2009] shall be applicable from ... [5 years after the date of entry into force of this Regulation - COD2016/0397].