### irrespective of the law of the member state of origin , service by post shall be considered as validly effected also , if the document was delivered at the addressee’s home address on adult persons who are living in the same household as the addressee or are employed there by the addressee , and who have the ability and are willing to accept the document . ### irrespective of the law of the member state of origin , service by post or courier shall be considered as validly effected also , if the document was delivered at the addressee’s home address on adult persons who are living in the same household as the addressee or are employed there by the addressee , and who have the ability and are willing to accept the document .


### service of judicial documents may be effected directly on persons domiciled in another member state through electronic means to user accounts accessible to the addressee , provided that one of the following conditions is fulfilled : ### service of judicial documents may be effected directly on persons domiciled in another member state through electronic means to electronic addresses accessible to the addressee , provided that the following conditions are fulfilled :


### after the commencement of legal proceedings , the addressee gave express consent to the court or authority seised with the proceedings to use that particular user account for purposes of serving documents in course of the legal proceedings . ' ; ### after the commencement of legal proceedings , the addressee gave express consent to the court or authority seised with the proceedings to use that particular electronic address for purposes of serving documents in course of the legal proceedings . ' ;


### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for a period of five years from [ date of entry into force of this regulation ] .


### where the conditions set out in paragraph 2 are met , reasonable efforts shall be made to inform the defendant through any available channels of communication , including means of modern communication technology , for which an address or an account is known to the court seised , that court proceedings have been instituted against him or her . ### where the conditions set out in paragraph 2 are met , reasonable efforts shall be made to inform the defendant through any available channels of communication , including means of modern remote communication technology , for which an address or an electronic address is known to the court seised , that court proceedings have been instituted against him or her .


### notwithstanding paragraphs 1 and 2 , the judge may , in case of urgency , order any provisional or protective measures . ### notwithstanding paragraphs 1 and 2 , the judge may , in justified case of urgency , order any provisional or protective measures .


### the union ' s macro - financial assistance should aim to support the restoration of a sustainable external financing situation for moldova thereby supporting its economic and social development . ### the union ' s macro - financial assistance should aim to support the restoration of a sustainable external financing situation for moldova thereby supporting its economic and social development , especially in areas related to economic governance and to the independence of the judiciary .


### the union ' s macro - financial assistance should support moldova ' s commitment to values shared with the union , including democracy , the rule of law , good governance , respect for human rights , sustainable development and poverty reduction , as well as its commitment to the principles of open , rules - based and fair trade . ### the union ' s macro - financial assistance should support moldova ' s commitment to values shared with the union , including democracy , the rule of law , good governance , respect for human rights , including freedom of the media , sustainable development and poverty reduction , as well as its commitment to the principles of open , rules - based and fair trade .


### the union ' s macro - financial assistance should support moldova ' s commitment to values shared with the union , including democracy , the rule of law , good governance , respect for human rights , sustainable development and poverty reduction , as well as its commitment to the principles of open , rules - based and fair trade . ### the union ' s macro - financial assistance should support moldova ' s commitment to values shared with the union , including democracy , in particular a multi - party system and also the rule of law , good governance , respect for human rights , the social market economy , sustainable development and poverty reduction , as well as its commitment to the principles of open , rules - based and fair trade .


### a pre - condition for granting the union ' s macro - financial assistance should be that moldova respects effective democratic mechanisms – including a multi - party parliamentary system – and the rule of law , and guarantees respect for human rights . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial sector in moldova and promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service . ### a pre - condition for granting the union ' s macro - financial assistance should be that moldova fully respects effective democratic mechanisms – including a multi - party parliamentary system , a strict separation of powers , the clear independence of the government from any influence of oligarchs – and the rule of law , and guarantees respect for human rights . furthermore , assistance should be conditional on strong engagement and concrete measures to reduce politicisation in public administration , to ensure the independence of the judiciary , to create the conditions for pluralistic and free media and to stimulate free and fair political competition . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial sector in moldova and promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service .


### a pre - condition for granting the union ' s macro - financial assistance should be that moldova respects effective democratic mechanisms – including a multi - party parliamentary system – and the rule of law , and guarantees respect for human rights . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial sector in moldova and promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service . ### a pre - condition for granting the union ' s macro - financial assistance and releasing each instalment of the assistance should be that moldova respects effective democratic mechanisms – including a multi - party parliamentary system – and the rule of law , the independence of the judiciary , guarantees respect for human rights and for the independence and freedom of media . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems , the governance and supervision of the financial sector in moldova and promote effective and efficient structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . the release of macro - financial assistance should also be conditional upon tangible progress in the fight against corruption , money laundering and in the strengthening of the independence of the judiciary . in order to ensure that those conditions are properly assessed , such progress should be defined in a stringent and measurable manner . both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service .


### in order to ensure that the union’s financial interests linked to the union’s macro - financial assistance are protected efficiently , moldova should take appropriate measures relating to the prevention of , and fight against , fraud , corruption and any other irregularities linked to the assistance . in addition , provision should be made for the commission to carry out checks and for the court of auditors to carry out audits . ### in order to ensure that the union’s financial interests linked to the union’s macro - financial assistance are protected efficiently , moldova should take appropriate measures relating to the prevention of , and fight against , fraud , corruption and any other irregularities linked to the assistance . moldova should regularly inform the commission about the implementation of the macro - financial assistance , ensuring full disclosure and strict compliance with union financial rules . in addition , provision should be made for the commission to carry out checks and for the court of auditors to carry out audits .


### the union ' s macro - financial assistance should be subject to economic policy conditions , to be laid down in a memorandum of understanding . in order to ensure uniform conditions of implementation and for reasons of efficiency , the commission should be empowered to negotiate such conditions with the moldovan authorities under the supervision of the committee of representatives of the member states in accordance with regulation no 182 / 2011 . under that regulation , the advisory procedure should , as a general rule , apply in all cases other than as provided for in that regulation . considering the potentially important impact of assistance of more than eur 90 million , it is appropriate that the examination procedure be used for operations above that threshold . considering the amount of the union ' s macro - financial assistance to moldova , the examination procedure should apply to the adoption of the memorandum of understanding , and to any reduction , suspension or cancellation of the assistance , ### the union ' s macro - financial assistance should be subject to economic policy conditions , with a particular focus on moldovan economy and the economic governance system , with specific regard to the judiciary and to the banking sectors , to be laid down in a memorandum of understanding , including well - defined timelines for the fulfillment of such conditions . the lack of tangible progress in fulfilling those conditions should lead to the temporary suspension or withdrawal of the decision to disburse the union ' s macro - financial assistance . in order to ensure uniform conditions of implementation and for reasons of efficiency , the commission should be empowered to negotiate such conditions with the moldovan authorities under the supervision of the committee of representatives of the member states in accordance with regulation no 182 / 2011 . under that regulation , the advisory procedure should , as a general rule , apply in all cases other than as provided for in that regulation . considering the potentially important impact of assistance of more than eur 90 million , it is appropriate that the examination procedure be used for operations above that threshold . considering the amount of the union ' s macro - financial assistance to moldova , the examination procedure should apply to the adoption of the memorandum of understanding , and to any reduction , suspension or cancellation of the assistance ,


### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the moldovan authorities on clearly defined economic policy and financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , to be laid down in a memorandum of understanding which shall include a timeframe for the fulfilment of those conditions . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by moldova with the support of the imf . ### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the moldovan authorities on clearly defined economic policy , financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , as well as on conditions relating to democracy and rule of law , such as measures to fight corruption and strengthen the independence of the judiciary , to be laid down in a memorandum of understanding which shall include a timeframe and clear benchmarks for the fulfilment of those conditions . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by moldova with the support of the imf .


### the conditions referred to in paragraph 1 shall aim , in particular , at enhancing the efficiency , transparency and accountability of the public finance management systems in moldova , including for the use of the union ' s macro - financial assistance . progress in mutual market opening , the development of rules - based and fair trade , and other priorities in the context of the union ' s external policy shall also be duly taken into account when designing the policy measures . progress in attaining those objectives shall be regularly monitored by the commission . ### the conditions referred to in paragraph 1 shall aim , in particular , at enhancing the efficiency , transparency and accountability of the public finance management systems in moldova , including for the use of the union ' s macro - financial assistance . progress in mutual market opening , the development of rules - based and fair trade , and other priorities in the context of the union ' s external policy shall also be duly taken into account when designing the policy measures , including the respect for human rights and democratic principles , such as freedom of the media , the depoliticisation of all state institutions and the stimulation of a free and fair environment allowing political competition . progress in attaining those objectives shall be regularly monitored by the commission .


### the commission shall verify , at regular intervals , that the conditions referred to in article 4 continue to be met , including whether the economic policies of moldova are in accordance with the objectives of the union ' s macro - financial assistance . in so doing , the commission shall coordinate closely with the imf and the world bank , and , where necessary , with the european parliament and the council . ### the commission shall verify , at regular intervals , that the conditions referred to in article 4 continue to be met , including whether the economic policies of moldova are in accordance with the objectives of the union ' s macro - financial assistance . in so doing , the commission shall coordinate closely with the imf and the world bank , and with the european parliament and the council .


### medicated feed should be manufactured only with authorised veterinary medicinal products and the compatibility of all compounds used should be ensured for the purpose of safety and efficacy of the product . additional specific requirements or instructions for the inclusion of the veterinary medicinal products into feed should be foreseen to ensure a safe and efficient treatment of the animals . ### medicated feed should be manufactured exclusively with authorised veterinary medicinal products and the compatibility of all compounds used should be ensured for the purpose of safety and efficacy of the product . additional specific requirements or instructions for the inclusion of the veterinary medicinal products into feed should be foreseen to ensure a safe and efficient treatment of the animals .


### medicated feed should be manufactured only with authorised veterinary medicinal products and the compatibility of all compounds used should be ensured for the purpose of safety and efficacy of the product . additional specific requirements or instructions for the inclusion of the veterinary medicinal products into feed should be foreseen to ensure a safe and efficient treatment of the animals . ### medicated feed should be manufactured only with authorised veterinary medicinal products and the compatibility of all compounds used should be ensured for the purpose of safety and efficacy of the product . additional specific requirements or instructions for the inclusion of the veterinary medicinal products into feed should be foreseen to ensure a safe and efficient treatment of the animals . the inclusion rates set should as a matter of principle be geared to a farm’s average needs . to take account of the specific features of the small - scale farming sector , and in particular to enable small or remote farms to optimise livestock care , it should be permissible to retain established control systems provided it is ensured that the prescription , production and use of medicated feed take place under the instructions and supervision of a veterinarian and are subject to an external process control .


### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ‘ carry - over’ is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ‘ cross - contamination’ is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned . ### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ' cross - contamination ' is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance .


### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription which has been issued after examination of the animals to be treated . however , the possibility to manufacture medicated feed before a prescription is presented to the manufacturer should not be excluded . ### in order to ensure the safe use of medicated feed , its supply and use must be subject to presentation of a valid veterinary prescription which has been issued after examination of the animals to be treated . however , the possibility to manufacture medicated feed before a prescription is presented to the manufacturer should not be excluded .


### in order to ensure a particularly prudent use of medicated feed for food - producing animals and therefore provide the basis for the assurance of a high level of protection of public health , specific conditions concerning the use and the validity of the prescription , compliance with the withdrawal period and record - keeping by the animal holder should be provided for . ### in order to ensure a prudent use , by which is meant appropriate use of medicines according to prescription , of medicated feed for food - producing and non - food producing animals and therefore provide the basis for the assurance of a high level of protection of public health , specific conditions concerning the use and the validity of the prescription , compliance with the withdrawal period and record - keeping by the animal holder should be provided for .


### the export to third countries of medicated feed and intermediate products . however , articles 9 , 15 , 16 and 17 shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries . ### the export to third countries of medicated feed and intermediate products . however , the following articles shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries : - article 9 , except as provided for in annex iii , point 1 , and - articles 15 , 16 and 17 .


### this regulation shall apply to : the manufacture , storage and transport of medicated feed and intermediate products ; the placing on the market , including import , and use of medicated feed and intermediate products ; the export to third countries of medicated feed and intermediate products . however , articles 9 , 15 , 16 and 17 shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries . ### this regulation shall apply to the manufacture , storage , transport , placing on the market , including import and export to third countries , and use of medicated feed and intermediate products for both food - producing and non - food producing animals . however , articles 9 , 15 , 16 and 17 shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries .


### ' intermediate product ' : a mixture of one or more veterinary medicinal products with one or more feeds , intended to be used for the manufacture of medicated feed ; ### ' intermediate medicated feed ' : a mixture of one or more veterinary medicinal products with one or more feed materials , intended to be used for the manufacture of medicated feed ;


### ' distributor ' : any feed business operator that supplies medicated feed , packaged and ready for use , to the animal holder ; ### ' distributor ' : any feed business operator that supplies medicated feed , packaged and ready for use , to other distributors and directly to the animal holder ;


### ' distributor ' : any feed business operator that supplies medicated feed , packaged and ready for use , to the animal holder ; ### ' distributor ' : any feed business operator that supplies medicated feed , packaged and ready for use , to the animal holder or , in the case of non - food producing animals , to other distributors who are authorised to distribute veterinary medicinal products ;


### feed business operators manufacturing , storing , transporting and placing on the market medicated feed and intermediate products shall put in place , implement and maintain a permanent written procedure or procedures based on the hazard analysis and critical control points system as provided for in regulation no 183 / 2005 . ### feed business operators manufacturing , storing , transporting and placing on the market medicated feed and intermediate products shall put in place , implement and maintain a permanent written procedure or procedures based on the hazard analysis and critical control points system as provided for in regulation no 183 / 2005 . established control systems for on - farm mixers may be retained , provided it is ensured that the principles of the haccp are complied with .


### in addition to article 11 , articles 12 and 14 of regulation no 767 / 2009 , the labelling of medicated feed and intermediate products shall comply with annex iii to this regulation . ### in addition to article 11 , articles 12 and 14 of regulation no&#160 ; 767 / 2009 , the labelling of medicated feed and intermediate products , where these are not fed directly to livestock , shall comply with annex iii to this regulation .


### in addition to article 11 , articles 12 and 14 of regulation no 767 / 2009 , the labelling of medicated feed and intermediate products shall comply with annex iii to this regulation . ### in addition to article 11 and articles 12 , 14 , 15 and 17 of regulation no&#160 ; 767 / 2009 , the labelling of medicated feed and intermediate products shall comply with annex iii to this regulation .


### where containers are used instead of packaging material , they shall be accompanied by documents complying with paragraph 1 . ### where containers are used instead of packages , they shall be accompanied a document complying with paragraph 1 .


### feed business operators manufacturing , storing , transporting or placing on the market medicated feed or intermediate products shall ensure that establishments under their control are approved by the competent authority . ### feed business operators manufacturing , storing , transporting or placing on the market medicated feed or intermediate products shall ensure that establishments under their control are approved by the competent authority . where on - farm mixers include medicinal products solely for use on their own farms , they shall notify their activity to the competent authority .


### the prescription shall contain the information set out in annex v . the original prescription shall be kept by the manufacturer or , where appropriate , the distributor . the person issuing the prescription and the animal holder shall keep a copy of the prescription . the original and copies shall be kept for three years from the date of issuance . ### the prescription shall contain the information set out in article 110 of the regulation of the european parliament and the council on veterinary medicinal products1 a . the original prescription shall be kept by the manufacturer or , where appropriate , the distributor . the person issuing the prescription and the animal holder shall keep a copy of the prescription . the original and copies shall be kept for three years from the date of issuance . __________________ 1 a commission proposal com558 final


### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used . ### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds and after having knowledge of the feeding systems the possibilities of mixing and other relevant farm specificities . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used .


### use in food - producing animals ### use in food - producing and non - food producing animals


### member states shall ensure that appropriate collection systems are in place for medicated feed and intermediate products that are expired or in case the animal holder has received a bigger quantity of medicated feed than he actually uses for the treatment referred to in the veterinary prescription . ### feed business operators shall ensure that appropriate collection systems are in place for medicated feed and intermediate products that have expired or in case the animal holder has received a bigger quantity of medicated feed than he actually uses for the treatment referred to in the veterinary prescription .


### mobile mixers or on - farm mixers shall only use veterinary medicinal products at inclusion rates above 2 kg / t of feed . ### mobile mixers or on - farm mixers shall only use veterinary medicinal products at inclusion rates above 2 kg / t of feed . by way of derogation , smaller inclusion rates may be specified in the veterinary prescription : - to adjust the quantity of medicated feed produced to the size of the herd ; - if the prescription , production and use take place under the supervision of the veterinarian monitoring the herd ; and - if the farmer and the veterinarian monitoring the herd are subject to an external process control .


### draft legislative resolution —having regard to the opinion of the european economic and social committee of 7 july 20171 , __________________ 1 oj c 345 , 13 . 10 . 2017 , p . 85 . ### —having regard to the opinion of the european economic and social committee of 5 july 20171 , __________________ 1 oj c 345 , 13 . 10 . 2017 , p . 85 .


### it is necessary to guarantee legal certainty by clarifying that access to social security benefits for economically inactive mobile citizens in the host member state , may be made conditional upon that citizen holding a legal right of residence in that member state in accordance with directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states . 33 for these purposes , an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by article 45 of the treaty on the functioning of the european union . __________________ 33 oj l 158 , 30 . 4 . 2004 , p . 77 . ### access to social security benefits for economically inactive mobile citizens in the host member state , may be made conditional only to the extend settled by existing case law c - 133 / 13 dano , c - 67 / 14 alimanovic and c - 299 / 14 garcia - nieto .


### family benefits intended to replace income during child - raising periods are designed to meet the individual and personal needs of the parent subject to the legislation of the competent member state and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses . ### family benefits intended to replace or grant additional income during child - raising periods are designed to meet the individual and personal needs of the parent subject to the legislation of the competent member state and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses .


### in order to enable a timely update of this regulation to the developments at the national level , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the european commission in respect of amending the annexes to this regulation and regulation no 987 / 2009 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 36 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 36 oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### in order to enable a timely update of this regulation to the developments at the national level , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in order to amend the annexes to this regulation and to regulation no 987 / 2009 , and to supplement this regulation by establishing a concrete , consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in member states other than the competent member state . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 36 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 36 oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### in order to enable a timely update of this regulation to the developments at the national level , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the european commission in respect of amending the annexes to this regulation and regulation no 987 / 2009 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 43 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 43 com 216 final . ### in order to enable a timely update of this regulation to the developments at the national level , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the european commission in respect of amending the annexes to this regulation and to regulation no 987 / 2009 and to supplement this regulation by establishing a concrete , consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in a member state other than the competent member state . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 43 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 43 com 216 final .


### sickness , maternity and equivalent paternity benefits ### in title iii , the title of chapter 1 is replaced by the following : “sickness , long - term care , maternity and equivalent paternity benefits”


### article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ### article 30 is replaced by the following : “article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity and long - term care benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity and long - term care benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ”


### long - term care benefits for insured persons and members of their families need to be coordinated according to specific rules which , in principle , follow the rules applicable to sickness benefits , in line with the case law of the court of justice . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash . ### in line with the case - law of the court of justice of the european union , long - term care benefits for insured persons and members of their families should , in principle , continue to be coordinated following the rules applicable to sickness benefits . however , those rules should take into account the specific nature of long - term care benefits . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash .


### family benefits in cash intended to replace income during a periods of child - raising are individual rights which are personal to the parent subject to the legislation of the competent member state . given the specific nature of these family benefits , such benefits should be listed in part i of annex xiii to this regulation and should be exclusively reserved to the parent concerned . the member state with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent member state and under the legislation of the member state of residence of members of the family should not apply to such benefits . where a member state chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in part ii of annex xiii . ### for the purpose of calculating the differential supplement , this regulation should take into account the judgement of the court of justice in case c - 347 / 12 , wiering , while providing for the necessary clarifications and simplifications . taking into account the particular nature of the various family benefits of the member states , two types of family benefit should not be of the same kind and should be distinguished on the basis of their main purpose , objectives and the basis on which they are granted .


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union , notably the protection of personal data , the freedom to choose an occupation and right to engage in work , the right to property , the right to non - discrimination , the rights of the child , the rights of the elderly , integration of persons with disabilities , the right to family and professional life ; the right to social security and social assistance , the right to health care and the right to freedom of movement and residence ; and has to be implemented in accordance with those rights and principles . ### this regulation respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union and the convention for the protection of human rights and fundamental freedoms .


### “long - term care benefit” means any benefit in kind , cash or a combination of both for persons who , over an extended period of time , on account of old - age , disability , illness or impairment , require considerable assistance from another person or persons to carry out essential daily activities , including to support their personal autonomy ; this includes benefits granted to or for the person providing such assistance ; ### “long - term care benefit” means a benefit in kind or in cash , the purpose of which is to address the care needs of a person who , on account of impairment , requires assistance from another person or persons to carry out essential daily activities of daily living for an extended period of time in order to support his / her personal autonomy ; this includes benefits granted for the same purpose to the person providing such assistance ;


### sickness benefits ; ### in article 3 , point is replaced by the following : “ sickness and long - term care benefits ; ”


### present text a person receiving unemployment benefits in accordance with article 65 under the legislation of the member state of residence shall be subject to the legislation of that member state ; ### in paragraph 3 , point is replaced by the following : “a person receiving unemployment benefits in accordance with article 65 under the legislation of the member state of residence or of the state of his or her most recent activity as an employed or self - employed person shall be subject to the legislation of that member state ; ”


### an activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued exclusively in the member state where the home base , as defined in annex iii , subpart ftl to commission regulation no 965 / 2012 of 5 october 2012 laying down technical requirements and administrative procedures related to air operations pursuant to regulation no 216 / 2008 of the european parliament and the council as amended by commission regulation no 83 / 2014 / eu of 29 january 201445 , is located . __________________ 45 oj l 28 , 31 . 01 . 2014 , p . 17 . ### an activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued exclusively in the member state where the home base , as defined in annex iii , subpart ftl to commission regulation no 965 / 2012 of 5 october 2012 laying down technical requirements and administrative procedures related to air operations pursuant to regulation no 216 / 2008 of the european parliament and the council as amended by commission regulation no 83 / 2014 / eu of 29 january 201445 , is located . where there is no home base , or where there are several home bases , the individual shall be subject to the law applicable in accordance with article 13 . __________________ 45 oj l 28 , 31 . 01 . 2014 , p . 17 .


### a person who normally pursues an activity as an employed person in two or more member states shall be subject : to the legislation of the member state of residence if he / she pursues a substantial part of his / her activity in that member state ; or if he / she does not pursue a substantial part of his / her activity in the member state of residence : to the legislation of the member state in which the registered office or place of business of the undertaking or employer is situated if he / she is employed by one undertaking or employer ; or to the legislation of the member state in which the registered office or place of business of the undertakings or employers is situated if he / she is employed by two or more undertakings or employers which have their registered office or place of business in only one member state ; or to the legislation of the member state in which the registered office or place of business of the undertaking or employer is situated other than the member state of residence if he / she is employed by two or more undertakings or employers , which have their registered office or place of business in two member states , one of which is the member state of residence ; or to the legislation of the member state of residence if he / she is employed by two or more undertakings or employers , at least two of which have their registered office or place of business in different member states other than the member state of residence . ' . ### article 13 is amended as follows : a person who normally pursues an activity as an employed person in two or more member states shall be subject : to the legislation of the member state of residence if he / she pursues a substantial part of his / her activity in that member state , if he / she does not pursue a substantial part of his / her activity in his / her member state of residence : the legislation of the member state in which the registered office or place of business of the undertaking or employer employing him / her is situated and in which the undertaking or employer pursues a substantial part of its activities ; to the legislation of the member state in which the employee carries out his / her predominant activity in situations where is not applicable .


### article 19 stay outside the competent member state unless otherwise provided for by paragraph 2 , an insured person and the members of his family staying in a member state other than the competent member state shall be entitled to the benefits in kind which become necessary on medical grounds during their stay , taking into account the nature of the benefits and the expected length of the stay . these benefits shall be provided on behalf of the competent institution by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though the persons concerned were insured under the said legislation . 2 . the administrative commission shall establish a list of benefits in kind which , in order to be provided during a stay in another member state , require for practical reasons a prior agreement between the person concerned and the institution providing the care . ### 14 c . article 19 is replaced by the following : “article 19 stay outside the competent member state unless otherwise provided for by paragraph 2 , an insured person and the members of his or her family staying in a member state other than the competent member state shall be entitled to the benefits in kind which become necessary on medical grounds or due to the need for long - term care during their stay , taking into account the nature of the benefits and the expected length of the stay . these benefits shall be provided on behalf of the competent institution by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though the persons concerned were insured under the said legislation . 2 . the administrative commission shall establish a list of benefits in kind which , in order to be provided during a stay in another member state , require for practical reasons a prior agreement between the person concerned and the institution providing the benefit . ”


### travel with the purpose of receiving benefits in kind - authorisation to receive appropriate treatment outside the member state of residence ### in article 20 , the title is replaced by the following : “travel with the purpose of receiving benefits in kind — authorisation to receive appropriate treatment and long - term care outside the member state of residence”


### an insured person who is authorised by the competent institution to go to another member state with the purpose of receiving the treatment appropriate to his condition shall receive the benefits in kind provided , on behalf of the competent institution , by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though he were insured under the said legislation . the authorisation shall be accorded where the treatment in question is among the benefits provided for by the legislation in the member state where the person concerned resides and where he cannot be given such treatment within a time - limit which is medically justifiable , taking into account his current state of health and the probable course of his illness . ### in article 20 , paragraph 2 is replaced by the following : “2 . an insured person who is authorised by the competent institution to go to another member state with the purpose of receiving the treatment or long - term care appropriate to his or her condition shall receive the benefits in kind provided , on behalf of the competent institution , by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though he or she were insured under the said legislation . the authorisation shall be accorded where the treatment or long - term care in question is among the benefits provided for by the legislation in the member state where the person concerned resides and where he or she cannot be given such treatment within a time limit which is medically justifiable , taking into account his or her current state of health and the probable course of his or her illness or within a time limit which is justifiable , taking into account his or her current state of need of long - term care and the probable course of his or her need of long - term care . ”


### stay of the pensioner or the members of his family in a member state other than the member state in which they reside – stay in the competent member state –authorisation for appropriate treatment outside the member state of residence ### in article 27 , the title is replaced by the following : “stay of the pensioner or the members of his family in a member state other than the member state in which they reside – stay in the competent member state –authorisation for appropriate treatment or long - term care outside the member state of residence”


### article 20 shall apply mutatis mutandis to a pensioner and / or the members of his family who are staying in a member state other than the one in which they reside with the purpose of receiving there the treatment appropriate to their condition . ### in article 27 , paragraph 3 is replaced by the following : “3 . article 20 shall apply mutatis mutandis to a pensioner and / or the members of his family who are staying in a member state other than the one in which they reside with the purpose of receiving there the treatment or long - term care appropriate to their condition . ”


### a frontier worker who retires is entitled in case of sickness to continue to receive benefits in kind in the member state where he last pursued his activity as an employed or self - employed person , insofar as this is a continuation of treatment which began in that member state . the term ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . ### in article 28 , the first subparagraph is replaced by the following : “1 . a frontier worker who retires because of old - age or invalidity is entitled in the event of sickness or the need for long - term care to continue to receive benefits in kind in the member state where he / she last pursued his or her activity as an employed or self - employed person , in so far as this is a continuation of treatment or long - term care which began in that member state . the term ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . the term ' continuation of long - term care ' means the continued granting of long - term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date . ”


### a pensioner who , in the five years preceding the effective date of an old - age or invalidity pension has been pursuing an activity as an employed or self - employed person for at least two years as a frontier worker shall be entitled to benefits in kind in the member state in which he / she pursued such an activity as a frontier worker , if this member state and the member state in which the competent institution responsible for the costs of the benefits in kind provided to the pensioner in his / her member state of residence is situated have opted for this and are both listed in annex v . ### in article 28 , paragraph 2 is replaced by the following : “2 . a pensioner who , in the ten years preceding the effective date of an old - age or invalidity pension has been pursuing an activity as an employed or self - employed person for at least two years as a frontier worker shall be entitled to benefits in kind in the member state in which he / she pursued such an activity as a frontier worker , if this member state and the member state in which the competent institution responsible for the costs of the benefits in kind provided to the pensioner in his / her member state of residence is situated have opted for this and are both listed in annex v . ”


### paragraph 2 shall apply mutatis mutandis to the members of the family of a former frontier worker or his / her survivors if , during the periods referred to in paragraph 2 , they were entitled to benefits in kind under article 18 , even if the frontier worker died before his / her pension commenced , provided he / she had been pursuing an activity as an employed or self - employed person as a frontier worker for at least two years in the five years preceding his / her death . ### in article 28 , paragraph 3 is replaced by the following : “3 . paragraph 2 shall apply mutatis mutandis to the members of the family of a former frontier worker or his / her survivors if , during the periods referred to in paragraph 2 , they were entitled to benefits in kind under article 18 , even if the frontier worker died before his / her pension commenced , provided he / she had been pursuing an activity as an employed or self - employed person as a frontier worker for at least two years in the ten years preceding his / her death . ”


### if a recipient of long - term care benefits in cash , which have to be treated as sickness benefits and are therefore provided by the member state competent for cash benefits under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ### in article 34 , paragraph 1 is replaced by the following : “1 . if a recipient of long - term care benefits in cash , which is provided under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of those benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ”


### the competent institution of a member state whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his last activity as an employed or self - employed person under the said legislation . ### in article 62 , paragraph 1 is replaced by the following : “1 . the competent institution of a member state whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his or her activities as an employed or self - employed person under the said legislation . the salary or professional income to be taken into account for the calculation of the benefits shall be determined on the basis of the legislation of the competent member state . if no such salary or professional income has been received , the benefits shall be calculated on the basis of the relevant legislation of the competent member state . this paragraph shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary which serves as a basis for the calculation of benefits and where , for all or part of that period , the person concerned was subject to the legislation of another member state . ”


### article 65 unemployed persons who resided in a member state other than the competent state an unemployed person who , during his or her last activity as an employed or self - employed person resided in a member state other than the competent member state shall make himself or herself available to the former employer or to the employment services in the competent member state . such a person shall receive benefits in accordance with the legislation of the competent member state as if he or she were residing in that member state . these benefits shall be provided by the institution of the competent member state . 2 . by way of derogation from paragraph 1 , a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent member state shall make himself or herself available to the employment service of the member state of residence . such a person shall receive benefits in accordance with the legislation of the member state of residence as if he or she had completed all periods of insurance under the legislation of that member state . those benefits shall be provided by the institution of the member state of residence . alternatively , a wholly unemployed person referred to in this paragraph , who would be entitled to an unemployment benefit solely under the national legislation of the competent member state if he or she resided there , may instead opt to make themselves available to the employment services in that member state and to receive benefits in accordance with the legislation of that member state as if he or she were residing there . 3 . if a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent member state after having been registered there , and wishes to seek work in the member state of residence or the member state of last activity article 64 shall apply mutatis mutandis , except article 64 . the competent institution may extend the period referred to in the first sentence of article 64 up to the end of the period of entitlement to benefits . 4 . a wholly unemployed person referred to in this article may in addition to making themselves available to the employment services of the competent member state also make themselves available to the employment services of the other member state . 5 . paragraphs 2 to 4 of this article shall not apply to a person who is partially or intermittently unemployed . ### article 65 unemployed persons who resided in a member state other than the competent state a person who is partially or intermittently unemployed and who , during his / her last activity as an employed or self - employed person , resided in a member state other than the competent member state shall make himself or herself available to the employer or to the employment services in the competent member state . such a person shall receive benefits in accordance with the legislation of the competent member state as if he or she were residing in that member state . those benefits shall be provided by the institution of the competent member state . 2 . a wholly unemployed person who , during the last activity as an employed or self - employed person , resided in a member state other than the competent member state , and who continues to reside in that member state or returns to that member state shall make himself or herself available to the employment services in the member state of residence . without prejudice to article 64 , a wholly unemployed person may , as a supplementary step , make himself or herself available to the employment services of the member state in which he or she pursued his or her last activity as an employed or self - employed person . an unemployed person , other than a frontier worker , who does not return to his or her member state of residence , shall make himself or herself available to the employment services in the member state to whose legislation he or she was last subject . 3 . the unemployed person referred to in the first sentence of paragraph 2 shall register as a person seeking work with the competent employment services of the member state in which he or she resides , shall be subject to the control procedure organised there and shall adhere to the conditions laid down under the legislation of that member state . if he or she chooses also to register as a person seeking work in the member state in which he or she pursued his or her last activity as an employed or self - employed person , he or she shall comply with the obligations applicable in that state . 4 . the implementation of the second sentence of paragraph 2 and of the second sentence of paragraph 3 , as well as the arrangements for exchanges of information , cooperation and mutual assistance between the institutions and services of the member state of residence and the member state in which he or she pursued his or her last occupation , shall be laid down in the implementing regulation . 5 . the unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the member state of residence as if he or she had been subject to that legislation during his or her last activity as an employed or self - employed person . those benefits shall be provided by the institution of the place of residence . 5a . however , a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the member state to whose legislation he or she was last subject shall first receive , on his or her return to the member state of residence , benefits in accordance with article 64 , receipt of the benefits in accordance with paragraph 5a being suspended for the period during which he or she receives benefits under the legislation to which he or she was last subject . 5b . the benefits provided by the institution of the place of residence under paragraph 5a and 5b shall continue to be at its own expense . the competent institution of the member state to whose legislation he / she was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first four months . reimbursement for that period shall be claimed only on condition that the person concerned has , during the 12 months preceding the reimbursement period , completed periods of at least three months in the member state to whose legislation he or she was previously subject and where such periods would qualify for the purposes of establishing entitlement to unemployment benefits in that member state . the amount of the reimbursement during that period shall not be higher than the amount payable , according to the following rules : number of calendar days subject to the reimbursement period ; multiplied by : the average amount per calendar day of the unemployment benefits of the competent member state of the previous calendar year . 5c . a second request for reimbursement by the same unemployed person shall be admissible no earlier than one year after expiry of the previous reimbursement period . 5d . from the end of the 18 - month period referred to in article 67 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 of the implementing regulation with a supplement of 8 % above the base rate . 5e . during the reimbursement procedure requests or reactions to requests or notifications have to be answered within a period of six months . should the deadline be exceeded , the reimbursement request is considered to be accepted . 5f . the arrangements for reimbursement are laid down in the implementing regulation . 5f . for the purposes of paragraphs 5b to 5e , two or more member states , or their competent authorities , may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction . ”


### an unemployed person who , during his or her last activity as an employed or self - employed person resided in a member state other than the competent member state shall make himself or herself available to the former employer or to the employment services in the competent member state . such a person shall receive benefits in accordance with the legislation of the competent member state as if he or she were residing in that member state . these benefits shall be provided by the institution of the competent member state . ### an unemployed person who , during his or her last activity as an employed or self - employed person , resided in a member state other than the competent member state shall make himself or herself available to the former employer or to the employment services in the competent member state , while retaining the option of registering in parallel with the employment services of his state of residence or with a cross - border placement service and benefiting from all accompanying measures and back - to - work assistance on offer . such a person shall receive benefits in accordance with the legislation of the competent member state as if he or she were residing in that member state . these benefits shall be provided by the institution of the competent member state .


### family benefits in cash which are intended to replace income during periods of child - raising and which are listed in part 1 of annex xiii shall be awarded solely to the person subject to the legislation of the competent member state and there shall be no derived right for his or her family members to such benefits . article 68a of this regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent , a person treated as a parent or institution acting as guardian of the child or children pursuant to article 60 of the implementing regulation . ### family benefits referred to in point of article 68 which are listed in part i of annex xiii shall be awarded under the legislation of the competent member state solely to the person subject to that legislation . there shall be no derived right to such benefits . article 68a of this regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent , a person treated as a parent or institution acting as guardian of the child or children pursuant to article 60 of the implementing regulation .


### the administrative commission for the coordination of social security systems attached to the commission of the european communities shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . a representative of the commission of the european communities shall attend the meetings of the administrative commission in an advisory capacity . ### in article 71 , paragraph 1 is replaced by the following : “1 . the administrative commission for the coordination of social security systems attached to the european commission shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . one representative each from the european commission and the european parliament shall attend the meetings of the administrative commission in an advisory capacity . upon request , representatives of the social partners , beneficiaries and the professional bodies concerned may attend , ”


### –the issuance , the format and the contents of a portable document certifying the social security legislation which applies to the holder , ### –the issuance , the electronic format and the contents of a standardised , forgery - proof portable document certifying the social security legislation which applies to the holder and including a european social security number ,


### ' article 79 funding of activities in the social security field in connection with this regulation and the implementing regulation , the european commission may fund in full or in part : activities aimed at improving exchanges of information between the social security authorities and institutions of the member states , particularly the electronic exchange of data ; any other activity aimed at providing information to the persons covered by this regulation and their representatives about the rights and obligations deriving from this regulation , using the most appropriate means . ### article 79 is amended as follows : “article 79 funding of activities in the social security field in connection with this regulation and the implementing regulation , the commission of the european communities shall fund in full or in part : the establishment of a european crossroads bank for social security to improve monitoring of compliance with the posting conditions and payment of social security contributions ; the introduction of a european social identity card . in connection with this regulation and the implementing regulation , the commission of the european communities may fund in full or in part : activities aimed at improving exchanges of information between the social security authorities and institutions of the member states , particularly the electronic exchange of data ; any other activity aimed at providing information to the persons covered by this regulation and their representatives about the rights and obligations deriving from this regulation , using the most appropriate means . ”


### ‘ fraud’ means any intentional act or omission to act , in order to obtain or receive social security benefits or to avoid to pay social security contributions , contrary to the law of a member state ; . ### ‘ fraud’ means any intentional act or omission to act , in order to obtain or receive social security benefits or to avoid to pay social security contributions , contrary to the provisions of the basic regulation and the implementing regulation or the law of a member state ;


### when a person ' s rights or obligations to which the basic and implementing regulations apply have been established or determined , the competent institution may request the institution in the member state of residence or stay to provide personal data about that person . the request and any response shall concern information which enables the competent member state to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing regulation is based . the request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case . the request for information and any response must be necessary and proportionate . ### when a person ' s rights or obligations to which the basic and implementing regulations apply have been established or determined , the competent institution may request the institution in the member state of residence or stay to transmit personal data about that person within the meaning of regulation 2016 / 679 . the request and any response shall concern information which enables the competent member state to identify any inconsistencies in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing regulation is based . the request can also be transmitted where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case , but the information shall be required in accordance with the legislation applicable to the competent institution . the request for information and any response must be necessary and proportionate .


### where there is doubt about the validity of a document or the accuracy of the facts on which they are based , the institution of the member state that receives the document shall ask the issuing institution for the necessary clarification and , where appropriate , the withdrawal of that document . ### where there is doubt about the validity of a document or the accuracy of the facts on which they are based , the institution of the member state that receives the document shall ask the issuing institution for the necessary clarification and , where appropriate , the withdrawal of that document , clearly stating the grounds and presenting all the supporting evidence of doubt .


### when receiving such a request , the issuing institution shall reconsider the grounds for issuing the document and , if necessary , withdraw it or rectify it , within 25 working days from the receipt of the request . upon detection of an irrefutable case of fraud committed by the applicant of the document , the issuing institution shall withdraw or rectify the document immediately and with retroactive effect . ### when receiving such a request , the issuing institution shall reconsider the grounds for issuing the document and shall inform the competent institutions of the member states concerned of the result within three months from receipt of the request . upon determination that the applicable law was incorrectly certified , the certificate shall be withdrawn or rectified , whereby the legislation applicable in the issuing member state shall be complied with . this shall also be applied to previous periods .


### when receiving such a request , the issuing institution shall reconsider the grounds for issuing the document and , if necessary , withdraw it or rectify it , within 25 working days from the receipt of the request . upon detection of an irrefutable case of fraud committed by the applicant of the document , the issuing institution shall withdraw or rectify the document immediately and with retroactive effect . ### when receiving a reasoned request , the issuing institution shall reconsider the grounds for issuing the document and , if necessary , withdraw it or rectify it , within 25 working days from the receipt of the request . upon detection of an irrefutable case of fraud committed by the applicant of the document , the issuing institution shall withdraw or rectify the document immediately and with retroactive effect .


### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another member state ' shall include a person who is recruited with a view to being posted or sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation . . __________________ 52 oj l 018 , 21 . 01 . 1997 p . 1 . ### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is sent by that employer to another member state ' shall include a person who is recruited with a view to being sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation . .


### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another member state ' shall include a person who is recruited with a view to being posted or sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation . . __________________ 52 oj l 018 , 21 . 01 . 1997 p . 1 . ### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is posted by that employer to another member state ' shall include a person who is recruited with a view to being posted or sent to another member state , provided that in the last month before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation .


### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another member state ' shall include a person who is recruited with a view to being posted or sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation . __________________ 52 oj l 018 , 21 . 01 . 1997 p . 1 . ### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services or sent by that employer to another member state ' shall include a person who is recruited with a view to being posted or sent to another member state , provided that immediately before the start of his employment , the person concerned has already been subject to the legislation of the sending member state for at least three months in accordance with title ii of the basic regulation . __________________ 52 oj l 018 , 21 . 01 . 1997 p . 1 .


### for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities , other than purely internal management activities , in the territory of the member state in which it is established , taking account of all criteria characterising the activities carried out by the undertaking in question . the relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out . ### paragraph 2 is replaced by the following : ‘ 2 . for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities , other than purely internal management activities , in the territory of the member state in which it is established , taking account of all criteria characterising the activities carried out by the undertaking in question , including the turnover generated by the posting undertaking in the member state of employment , which must account for at least 25% of its overall turnover ; the relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out . ’


### ‘ 2 . for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities , other than purely internal management activities , in the territory of the member state in which it is established , taking account of all criteria characterising the activities carried out by the undertaking in question ; the relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out . ### paragraph 2 is replaced by the following : 2 . for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities , other than purely internal management activities , in the territory of the member state in which it is established , taking account of all criteria characterising the activities carried out by the undertaking in question , such as the requirement that an undertaking should generate more than 25% of its turnover in the member state from which it posts a worker . the relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out . ’


### for the determination of the applicable legislation under paragraphs 8 and 9 , the institutions concerned shall take into account the situation projected for the following 12 calendar months . ### paragraph 10 is replaced with the following : ‘ 10 . the determination of the applicable legislation within the meaning of article 13 of the basic regulation shall apply for a maximum period of 24 months . once that period has elapsed , the applicable legislation must be reassessed in the light of the employee’s situation . ’


### ‘ 1 . unless otherwise provided for by article 16 of the implementing regulation , where a person pursues his activity in a member state other than the member state competent under title ii of the basic regulation , the employer or , in the case of a person who does not pursue an activity as an employed person , the person concerned shall inform the competent institution of the member state whose legislation is applicable thereof , whenever possible in advance . that institution shall without delay make information concerning the legislation applicable to the person concerned , pursuant to article 11 or article 12 of the basic regulation , available to the person concerned and to the institution designated by the competent authority of the member state in which the activity is pursued . ### in article 15 , paragraph 10 is replaced with the following : ‘ 1 . unless otherwise provided for by article 16 of the implementing regulation , where a person pursues his activity in a member state other than the member state competent under title ii of the basic regulation , the employer or , in the case of a person who does not pursue an activity as an employed person , the person concerned shall inform the competent institution of the member state whose legislation is applicable thereof , in advance . that institution shall without delay make information concerning the legislation applicable to the person concerned , pursuant to article 11 or article 12 or article 13 of the basic regulation , available to the person concerned and to the institution designated by the competent authority of the member state in which the activity is pursued . ’


### the commission shall be empowered to adopt implementing acts specifying the procedure to be followed in order to ensure uniform conditions for the application of articles 12 and 13 of the basic regulation . those acts shall establish a standard procedure including time limits for : ### the commission shall be empowered to adopt implementing acts specifying the procedure to be followed in order to ensure uniform conditions for the application of articles 12 and 13 of the basic regulation . those acts shall establish a standard procedure for the issuing institution with regard to time limits for :


### –the issuance , the format and the contents of a portable document certifying the social security legislation which applies to the holder , ### –the issuance , the electronic format and the contents of a forgery - proof , standardised portable document certifying the social security legislation which applies to the holder and including a european social security number ,


### –the elements to verified before the document can be issued , ### –the elements to be verified before the document can be issued , rectified or withdrawn ,


### article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . 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 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 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 . 3 . 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 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 . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . ### article 26 is replaced by the following : ' article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment or long - term care ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . 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 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 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment or long - term care can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of need of long - term care and the probable course of need of long - term care 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 . 3 . 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 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 . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or , in the case of the need for long - term care , by a doctor or another expert of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate or appropriate taking into account the current state of need for long - term care to supplement the treatment or long - term care covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment or long - term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment or long - term care in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment or long - term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long - term care had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment or long - term care 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long - term care of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment or long - term care in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . '


### the annual average cost per person in each age group for a specific year shall be notified to the audit board at the latest by the end of the second year following the year in question . ### the annual average cost per person in each age group for a specific year shall be notified to the audit board at the latest by the end of the second year following the year in question , with sickness and long - term care benefits in kind indicated separately .