Trilogue1_Miscellaneous
Dieses Dokument ist Teil der Anfrage „Koordinierung der Systeme der sozialen Sicherheit“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
v. 19/12/2018 Provisions in proposal related to: Miscellaneous Amendments - Plain text: text of the original Regulations (EC) No. 883/2004 and No. 987/2009; - Bold: proposals of the Commission (2016/0397 (COD)) compared to the original Regulations; - Bold underlined italic: amendments proposed by the European Parliament (PE612058v03-00EN); - Bold underlined: amendments proposed by the Council (ST 10295/18); - Some rows where none of the institutions have made amendments have been inserted for information purposes only. Rows Commission EP Amendments Council Position Comments 1. RECOVERY PROCEDURE AND REIMBURSEMENTS 2. Regulation 987/2009 3. Recital 19 4. (19) Procedures between (19) Procedures between (19) Procedures between No EP amendments to the COM institutions for mutual assistance institutions for mutual assistance institutions for mutual proposal. in recovery of social security in recovery of social security assistance in recovery of social claims should be strengthened in claims should be strengthened in security claims s39hould be order to ensure more effective order to ensure more effective strengthened in order to ensure recovery and smooth functioning recovery and smooth functioning more effective recovery and of social security schemes. of social security schemes. smooth functioning of social Effective recovery is also a Effective recovery is also a means security schemes the means of preventing and tackling of preventing and tackling abuses coordination rules. Effective abuses and fraud and a way of and fraud and a way of ensuring recovery is also a means of ensuring the sustainability of the sustainability of social security preventing and tackling abuses social security schemes. This schemes. This involves the and fraud is and a way of involves the adoption of new adoption of new procedures, ensuring the sustainability of procedures, taking as a basis a taking as a basis a number of social security schemes. This number of existing provisions in existing provisions in Council involves the adoption of new Council Directive 2010/24/EU Directive 2010/24/EU concerning procedures, taking as a basis a concerning […] mutual […] mutual assistance for the number of existing provisions assistance for the recovery of recovery of claims relating to […] in Council Directive claims relating to […] taxes, 1 taxes, duties and other measures , 2010/24/EU concerning in particular through the 2008/55/EC of 26 May 2008 1
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments duties and other 1 measures , in on mutual assistance for the adoption of a uniform particular through the instrument for enforcement and recovery of claims relating to adoption of a uniform standard procedures for certain levies, duties, taxes, 2 duties and other measures , in instrument for enforcement requesting mutual assistance and standard procedures for and notification of instruments particular through the requesting mutual assistance and measures relating to the adoption of a uniform and notification of instruments recovery of a social security instrument for enforcement and measures relating to the claim. […] and the adoption of standard recovery of a social security procedures for requesting claim. […] mutual assistance and notification of instruments and measures relating to the recovery of a social security claim. Such new recovery procedures should be reviewed in the light of the experience after five years of implementation and adjusted if necessary, in particular to ensure they are fully operable. 5. Regulation 987/2009 6. Article 66 Procedure for reimbursement between institutions 7. 2. The reimbursements between 2. The reimbursements between 2. The reimbursements No COM or CL proposal, contains the institutions of the Member the institutions of the Member between the institutions of the EP amendment States, provided for in Articles 35 States, provided for in Articles 35 Member States, provided for in and 41 of the basic Regulation, and 41 of the basic Regulation, Articles 35 and 41 of the basic shall be made via the liaison shall be made via the liaison body. Regulation, shall be made via 1 OJ L 84, 31.3.2010, p. 1. […] 2
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments body. There may be a separate There may be a separate liaison the liaison body. There may be liaison body for reimbursements body for reimbursements under a separate liaison body for under Article 35 and Article 41 of Articles 35 and 41 of the basic reimbursements under Article the basic Regulation. Regulation. Mutual claims shall 35 and Article 41 of the basic be off-set between the liaison Regulation. bodies. The Administrative Commission shall establish detailed arrangements for such off-setting. AM 149 8. Regulation 987/2009 9. Article 67 Deadlines for the introduction and settlement of claims 10. 1. Claims based on actual 1. Claims based on actual 1. Claims based on actual No COM or CL proposal, contains expenditure shall be introduced to expenditure shall be introduced to expenditure shall be introduced EP amendment the liaison body of the debtor the liaison body of the debtor to the liaison body of the Member State within 12 months Member State within 12 months of debtor Member State within 12 of the end of the calendar half- the end of the calendar half-year months of the end of the year during which those claims during which those claims were calendar half-year during were recorded in the accounts of recorded in the accounts of the which those claims were the creditor institution. creditor institution. Claims shall recorded in the accounts of the be met within six months of their creditor institution. introduction to the liaison body. AM 150 11. 2. Claims of fixed amounts for a 2. Claims of fixed amounts for a 2. Claims of fixed amounts for No proposals, for information calendar year shall be introduced calendar year shall be introduced a calendar year shall be purposes only. to the liaison body of the debtor to the liaison body of the debtor introduced to the liaison body Member State within the 12- Member State within the 12-month of the debtor Member State month period following the period following the month during within the 12-month period 3
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments month during which the average which the average costs for the following the month during costs for the year concerned were year concerned were published in which the average costs for the published in the Official Journal the Official Journal of the year concerned were published of the European Union. The European Union. The inventories in the Official Journal of the inventories referred to Article referred to Article 64(4) of the European Union. The 64(4) of the implementing implementing Regulation shall be inventories referred to Article Regulation shall be presented by presented by the end of the year 64(4) of the implementing the end of the year following the following the reference year. Regulation shall be presented reference year. by the end of the year following the reference year. 12. 3. In the case referred to in 3. The period referred to in 3. In the case referred to in the No COM proposal, EP and CL Article 6(5) second subparagraph paragraphs 1 and 2 shall not second subparagraph of amendments going in a similar of the implementing Regulation, commence until the date on Article 6(5) and Article direction the deadline set out in paragraphs which the creditor institution 73(2)second subparagraph of 1 and 2 of this Article shall not becomes aware of the claim of the the implementing Regulation, start before the competent debtor institution. Claims may be the deadline period set out in institution has been identified. introduced for benefit periods of paragraphs 1 and 2 of this no more than the previous five Article shall not start before the calendar years. The introduction competent institution has been of claims to the liaison body of identified. the debtor Member State shall be decisive. AM 150 13. 4. Claims introduced after the 4. Claims introduced after the 4. Claims introduced after the No proposals, for information deadlines specified in paragraphs deadlines specified in paragraphs 1 deadlines specified in purposes only. 1 and 2 shall not be considered. and 2 shall not be considered. paragraphs 1 and 2 shall not be considered. 14. 5. The claims shall be paid to the 5. The claims shall be paid to the 5. The claims shall be paid to No COM or CL proposal, contains liaison body of the creditor liaison body of the creditor the liaison body of the creditor EP amendment Member State referred to in Member State referred to in Member State referred to in 4
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments Article 66 of the implementing Article 66 of the implementing Article 66 of the implementing Regulation by the debtor Regulation by the debtor Regulation by the debtor institution within 18 months of institution within 12 months of the institution within 18 months of the end of the month during end of the month during which the end of the month during which they were introduced to they were introduced to the liaison which they were introduced to the liaison body of the debtor body of the debtor Member State. the liaison body of the debtor Member State. This does not This shall not apply to the claims Member State. This does not apply to the claims which the which the debtor institution has apply to the claims which the debtor institution has rejected for rejected for a relevant reason debtor institution has rejected a relevant reason within that within that period. The liaison for a relevant reason within period. body of the creditor Member State that period. shall reply to such a rejection within 12 months of the end of the month during which the rejection was received. In the absence of such a reply, the rejection shall be deemed to be accepted. AM 150 15. 6. Any disputes concerning a 6. Any disputes concerning a 6. Any disputes concerning a No proposals, for information claim shall be settled, at the claim shall be settled, at the latest, claim shall be settled, at the purposes only. latest, within 36 months within 36 months following the latest, within 36 months following the month in which the month in which the claim was following the month in which claim was introduced. introduced. the claim was introduced. 16. 7. The Audit Board shall 7. The Audit Board shall facilitate 7. The Audit Board shall No COM or CL proposal, contains facilitate the final closing of the final closing of accounts in facilitate the final closing of EP amendment accounts in cases where a cases where a settlement cannot be accounts in cases where a settlement cannot be reached reached within the period set out settlement cannot be reached within the period set out in in paragraph 6, and, upon a within the period set out in paragraph 6, and, upon a reasoned request by one of the paragraph 6, and, upon a 5
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments reasoned request by one of the parties, shall give its opinion on a reasoned request by one of the parties, shall give its opinion on a dispute within nine months parties, shall give its opinion dispute within six months following the month in which the on a dispute within six months following the month in which the matter was referred to it. The following the month in which matter was referred to it. Audit Board shall receive the the matter was referred to it. request no later than nine months after expiry of the period set out in paragraph 6. AM 150 17. Regulation 987/2009 18. Article 68 Interest on late payments and down payments 19. 2. The interest shall be calculated 2. The interest shall be calculated 2. The interest shall be No COM or CL proposal, contains on the basis of the reference rate on the basis of the reference rate calculated on the basis of the EP amendment applied by the European Central applied by the European Central reference rate applied by the Bank to its main refinancing Bank to its main refinancing European Central Bank to its operations. The reference rate operations plus eight percentage main refinancing operations. applicable shall be that in force points. The reference rate The reference rate applicable on the first day of the month on applicable shall be that in force on shall be that in force on the which the payment is due. the first day of the month on first day of the month on which which the payment is due. the payment is due. AM 151 20. Regulation 987/2009 21. Article 72 Benefits received unduly 22. 1. If the institution of a Member 1. If the institution of a Member 1. If Unless otherwise No COM or EP proposal, contains State has paid undue benefits to a State has paid undue benefits to a provided for in Article 73 of CL amendment person, that institution may, person, that institution may, within the Regulation, if the within the terms and limits laid the terms and limits laid down in institution of a Member State 6
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments down in the legislation it applies, the legislation it applies, request has paid undue benefits to a request the institution of any the institution of any other person, that institution may, other Member State responsible Member State responsible for within the terms and limits laid for paying benefits to the person paying benefits to the person down in the legislation it concerned to deduct the undue concerned to deduct the undue applies, request the institution amount from arrears or on-going amount from arrears or on-going of any other Member State payments owed to the person payments owed to the person responsible for paying benefits concerned regardless of the social concerned regardless of the social to the person concerned to security branch under which the security branch under which the deduct the undue amount from benefit is paid. The institution of benefit is paid. The institution of arrears or on-going payments the latter Member State shall the latter Member State shall owed to the person concerned deduct the amount concerned deduct the amount concerned regardless of the social security subject to the conditions and subject to the conditions and limits branch under which the benefit limits applying to this kind of applying to this kind of offsetting is paid. The institution of the offsetting procedure in procedure in accordance with the latter Member State shall accordance with the legislation it legislation it applies in the same deduct the amount concerned applies in the same way as if it way as if it had made the subject to the conditions and had made the overpayments overpayments itself, and shall limits applying to this kind of itself, and shall transfer the transfer the amount deducted to offsetting procedure in amount deducted to the the institution that has paid undue accordance with the legislation institution that has paid undue benefits. it applies in the same way as if benefits. it had made the overpayments itself, and shall transfer the amount deducted to the institution that has paid undue benefits. 23. Regulation 987/2009 24. Article 73 Article 73 Article 73 No EP amendments to the COM Provisionally paid benefits in Provisionally paid benefits in Provisionally paid benefits in proposal. cash or contributions cash or contributions cash or contributions 7
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments Settlement of benefits and Settlement of benefits and Settlement of undue benefits contributions unduly provided contributions unduly provided and contributions in cash and or paid in case of provisional or paid in case of provisional in kind and contributions award of benefits or retroactive award of benefits or retroactive unduly provided or paid in change of the applicable change of the applicable case of provisional award of legislation legislation benefits or a retroactive change of the applicable legislation or other situations where an institution was not competent 25. 1. For In case of a retroactive 1. For In case of a retroactive 1. In case the event of a No EP amendments to the COM change of the purposes of change of the purposes of retroactive change of the proposal. applying applicable legislation applying applicable legislation applicable legislation, including situations referred to including situations referred to including situations referred in Article 6(4) and (5) of the in Article 6(4) and (5) of the to in For the purposes of implementing Regulation, at the implementing Regulation, at the applying Article 6(4) and (5) latest three months after the latest three months after the of the implementing applicable legislation has been applicable legislation has been Regulation, as well as in other determined or the institution determined or the institution cases where an institution responsible for paying the responsible for paying the benefits which was not competent benefits has been identified, the has been identified, the institution unduly paid or provided institution which provisionally which provisionally unduly paid benefits or unduly received unduly paid the cash benefits the cash benefits shall draw up a contributions, that institution shall draw up a statement of the statement of the amount at the latest three months amount provisionally paid and provisionally paid and shall send after the applicable shall send it to the institution it to the institution identified as legislation has been identified as being competent for being competent for the purpose determined or the institution the purpose of their of their reimbursement. responsible for paying the reimbursement. benefits has been identified, the institution which 8
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments provisionally unduly paid the cash benefits shall draw up a statement of the amount provisionally paid or received and shall send it to the institution identified as being competent for the purpose of their reimbursement., at the latest six months after the change in the applicable legislation has been determined or the institution responsible for granting the benefits or receiving the contributions has been identified. 26. The same applies with respect The same applies with respect to The same applies with No EP amendments to the COM to benefits in kind, which shall benefits in kind, which shall be respect to benefits in kind, proposal. be reimbursed by the reimbursed by the institution which shall be reimbursed by institution identified as being identified as being competent in the institution identified as competent in accordance with accordance with Title IV of the being competent in Title IV of the implementing implementing Regulation. accordance with Title IV of Regulation. the implementing Regulation. 27. 2. Benefits in kind shall be reimbursed by the institution identified as being competent in accordance with Articles 66 to 68 of the implementing Regulation. 28. 2. The institution identified as 2. The institution identified as 2. 3. The institution identified No EP amendments to the COM being competent for paying the being competent for paying the as being competent for paying proposal. 9
v. 19/12/2018 Rows Commission EP Amendments Council Position Comments cash benefits shall deduct the cash benefits shall deduct the the cash benefits shall deduct amount due in respect of the amount due in respect of the the amount it has to provisional payment it has to provisional payment it has to reimburse to the institution reimburse to the institution reimburse to the institution which was not competent or which was not competent or which was not competent or only only provisionally competent only provisionally competent provisionally competent from the due in respect of the from the arrears of the arrears of the corresponding provisional payment from the corresponding benefits it owes to benefits it owes to the person arrears of the corresponding the person concerned and shall concerned and shall without delay benefits it owes to the person without delay transfer the amount transfer the amount deducted to concerned and shall without deducted to the latter institution the latter institution which delay transfer the amount which provisionally paid the provisionally paid the cash deducted to the latter cash benefits. benefits. institution without delay which provisionally paid the cash benefits. 29. If the amount of provisionally If the amount of provisionally If the amount of provisionally No EP amendments to the COM unduly paid benefits exceeds the unduly paid benefits exceeds the unduly paid benefits exceeds proposal. amount of arrears payable by the amount of arrears payable by the the amount of arrears payable institution identified as being institution identified as being by the institution identified as competent, or if arrears do not competent, or if arrears do not being competent, or if arrears exist, the institution identified as exist, the institution identified as do not exist, the institution being competent shall deduct this being competent shall deduct this identified as being competent amount from ongoing payments amount from ongoing payments shall deduct this amount from subject to the conditions and subject to the conditions and limits ongoing payments subject to limits applying to this kind of applying to this kind of offsetting the conditions and limits offsetting procedure under the procedure under the legislation it applying to this kind of legislation it applies, and without applies, and without delay transfer offsetting procedure under the delay transfer the amount the amount deducted to the legislation it applies, and deducted to the institution which institution which provisionally without delay transfer the provisionally had unduly paid had unduly paid the cash benefits amount deducted to the institution which provisionally 10
