Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community, and Council Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71, in respect of the alignment of rights and the simplification of procedures
Date: 2003-06-27
Institutions: European Commission
Subjects: European citizenship, administrative formalities, free movement of workers, health card, social security

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.06.2003
COM(2003)378 final

2003/0138 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Regulation (EEC) No 1408/71 on the application of social security
schemes to employed persons and their families moving within the Community, and
Council Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation
(EEC) No 1408/71, in respect of the alignment of rights and the simplification
of procedures

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

INTRODUCTION

The Barcelona  European  Council,  held  on  15  and  16  March  2002,  decided  that  a  European
health insurance card would replace the current paper forms needed for medical treatment in
another  Member  State.  The  Commission  was  to  present  a  proposal  to  that  effect  before  the
spring  European  Council  in  2003.  This  card  will  simplify  procedures,  but  will  not  change
existing rights and obligations.

On  17  February  2003,  therefore,  the  Commission  presented  a  communication  on  the
introduction of a European health insurance card1 (“European card”) proposing a scenario for
the  gradual  replacement  by  the  European  card  of  the  forms  currently  needed  for  health
treatment during a temporary stay in a Member State other than the competent State.

Two  measures  are  recommended  in  order  to  enable  the  replacement  of  the  forms  by  the
European card and in order for the introduction of this card to truly simplify procedures.

Firstly, the rights of all groups of insured persons during a temporary stay in a Member State
other than the competent State must be brought into line to enable all persons covered by the
Regulation  to  receive  any  benefits  in  kind  that  may  become  necessary  for  medical  reasons
during a stay in another Member State.

Secondly, the formalities for patients who need care in the State of stay must be simplified,
specifically by doing away with the obligation to contact the social security institution of the
place of stay before seeing a care provider, thus allowing them direct access to care providers.

Finally,  a  provision  must  be  drawn  up  that  defines  the  relationship  between  social  security
institutions and users.

2.

COMMENTS ON THE ARTICLES

2.1.

Article 1

Amendment of Regulation (EEC) No 1408/71

2.1.1.

Amendment of Article 22

The provisions of the Regulation currently provide for access to different types of health care
during  a  temporary  stay  in  a  Member  State  other  than  the  competent  State  or  State  of
residence, depending on the category to which the insured person belongs. Employed or self-
employed persons and members of their families can receive immediately necessary benefits
in kind during a stay in another Member State. Pensioners and members of their families can
receive necessary benefits in kind (not only in an emergency) during a stay in a Member State
other than the State of residence. Persons employed and staying in a Member State other than
the  competent  State  (posted  workers,  international  transporters,  etc.)  and  members  of  their
families can receive  necessary benefits  in  kind in the State  where  the  activity  is  performed.

1

COM(2003)73final.

2

                                                
Unemployed persons who travel to another Member State to look for employment can receive
necessary benefits in kind in this Member State.

Different  forms  have  been  created  in  order  to  enable  persons  belonging  to  these  different
categories to claim these benefits in kind during their temporary stay.

In  order  to  guarantee  equal  treatment  for  all  of  these  categories  of  insured  persons  and
facilitate the replacement of the forms by the card, the rights of all of the categories of person
covered by the Regulation must be brought into line.

Article 22 (1) (a) must  therefore be amended in order to enable employed  or self-employed
persons and members of their families to receive benefits in kind that become necessary for
medical reasons during a stay in another Member State.

For certain types of healthcare, dialysis for example, it is vital for the patient that continuous
treatment be available when he is staying in another Member State. A new paragraph (1a) is
therefore added to Article 22 allowing the Administrative Commission referred to in Article
80  to  draw  up  a  list  of  the  benefits  in  kind  which,  for  practical  reasons,  require  a  prior
agreement between the person concerned and the healthcare institution so that these benefits
can be provided during the stay.

2.1.2. Deletion of Article 22b

Article 22b is intended to enable persons who perform their activity in a Member State other
than the competent State (or on board a vessel flying the flag of a Member State other than the
competent State) and who are staying in the State where the activity is performed (or whose
flag the vessel aboard which the worker is employed is flying), and members of their families,
to receive necessary benefits in kind during their stay.

Given that the amendment to Article 22(1)a entitles employed and self-employed persons to
receive  benefits  in  kind  that  become  necessary  for  medical  reasons  during  a  stay  on  the
territory of a Member State other than the competent State, Article 22b becomes superfluous
and may be deleted.

2.1.3.

Amendments to Article 25 and 31

In  the  interests  of  legal  clarity  and  in  order  to  demonstrate  that  the  extent  of  entitlement  to
benefits  in  kind  in  cases  of  temporary  stay  is  identical  for  all  of  the  categories  of  persons
covered by the regulation, the text of Articles 25 (unemployed persons) and 31 (pensioners)
should be brought into line with the text of Article 22.

2.1.4. Deletion of Article 34b

Article 34a of the Regulation states that Article 22(1)(a) applies to students by analogy, which
implies that these students are entitled to immediately necessary benefits in kind during a stay
in  a  Member  State  other  than  the  competent  State.  Article  34b  as  it  stands  is  intended  to
enable  students  and  members  of  their  families  staying  in  a  Member  State  other  than  the
competent  State  in  order  to  pursue  a  course  of  study  to  receive  necessary  benefits  in  kind
(not only in an emergency) during their stay on the territory of this Member State.

In the light of the amendment to Article 22 (1)(a) (to which reference is made in Article 34a)
students may receive benefits in kind that become necessary for medical reasons during a stay

3

on  the  territory  of  a  Member  State  other  than  the  competent  State.  Article  34b  therefore
becomes superfluous and may be deleted.

2.1.5.

Insertion of Article 84a

In order to improve the effectiveness of the application of the Regulation it is useful to clearly
define  the  relationship  between  social  security  institutions  on  the  one  hand  and  the  persons
covered by  the Regulation  on  the  other. Sincere  co-operation  between  these  two  parties  not
only  increases  the  effective  implementation  of  the  Regulation  but  also  ensures  that  persons
covered  can  fully  enjoy  the  rights  conferred  on  them  by  the  Regulation.  This  co-operation
would make relations between the two parties smoother.

Provision should therefore be made for the institutions and the insured persons to keep each
other informed of any changes that could affect entitlement to benefits. For example, as far as
institutions are concerned, any amendments to the legislation that could have implications for
the status of the person involved, and as far as insured persons are concerned, any cessation or
change of  the  employment  or  self-employment  of  the  person  concerned,  any  transfer  of  the
residence  or  stay  of  that  person  or  of  a  member  of  his  family,  or  changes  to  family
circumstances.  Failure  to  respect  this  obligation  to  provide  information  could  mean  those
involved  being  subject  to  penalties.  The  Member  States  could  determine  the  penalties  in
accordance  with  their  national  legislation,  while  respecting  the  fundamental  principle  of
proportionality.  In  accordance with the Court  case-law in the Camarotto  and  Vignone  cases
(C-52/99  and  C-53/99,  ruling  of  22.2.2001),  these  penalties  must  be  equivalent  to  those
applicable  to  similar  situations  under  domestic  law  and  must  not  make  it  impossible  or
excessively difficult in practice for claimants to exercise the rights conferred on them by the
Regulation.

In  order  to  enable  them  to  fully  enjoy  the  advantages  associated  with  the  coordination  of
social security systems, the institutions are for their part required to offer insured persons all
necessary  assistance.  If  the  implementation  of  the  provisions  of  the  Regulation  proves
complicated  the  institution  in  question  may  approach  the  Administrative  Commission  for
advice through its government’s representative.

2.2.

Second Article

Amendment of Regulation (EEC) No 574/72

2.2.1.

Amendment of Articles 2 and 117

Article 2(1) concerns the models of certificates, certified statements, declarations, applications
and other  documents necessary for the application of Regulation  (EEC)  No  1408/71  and  its
implementing  Regulation.  To  enable  the  Administrative  Commission  to  keep  up  with
technical developments, this list should be  replaced by the single concept  of  “document” as
defined  in  Article  3,  subparagraph  a)  of  Regulation  (EC)  No  1049/2001  of  the  European
Parliament  and  of  the  Council  of  30  May  2001  regarding  public  access  to  European
Parliament, Council and Commission documents, namely: “any content whatever its medium
(written  on  paper  or  stored  in  electronic  form  or  as  a  sound,  visual  or  audiovisual
recording)[...]”.  This  concept  would  allow  the  E  forms  to  be  replaced  by  cards  containing
visible data and by all forms of smart card.

In the interests of legal clarity, the second subparagraph of paragraph (1) should be deleted.
The objective of coordinating social security systems is to make it easier to switch from one

4

social  security  system  to  another  in  the  context  of  the  free  movement  of  workers.  It  is
therefore  important  that  the  documents  submitted  to  enable  this  switch  to  another  social
security  system  follow  a  single  and  thus  directly  recognisable  model.  However,  Member
States  have  the  option  of  reaching  mutual  administrative  agreements  whereby  not  all  the
fields on the forms have to  be  filled  in,  but  the  model  remains  unchanged.  In  this  case,  the
opinion of the Administrative Commission is not necessary.

Article 117 should also be amended by replacing the words “certificates, certified statements,
declarations, applications and other documents” with the single concept of “documents”.

2.2.2.

Amendment of Article 17

In the interests of simplification, paragraph (6) of this Article, which obliges the institution of
the place of  residence, in the event of hospitalisation, to inform the competent institution of
the  date  of  admission  to  hospital  and  the  probable  duration  of  hospitalisation,  should  be
deleted.  In  practice,  the  hospitalisation  notification  is  of  little  use  and  is  increasingly  rarely
provided.

Also in the interests of simplification, paragraph (7), which obliges the institution of the place
of residence to notify the competent institution in the event of granting any major benefits in
kind, can be deleted.

Following the deletion of paragraphs (6) and (7) of Article 17, Articles 19a (2), 21(2), 22(2),
23(2), 26(3) and 31(2) will need to be amended.

2.2.3. Deletion of Article 20 and amendment of Articles 21, 26 and 31

Following  the  introduction  of  the  European  card  and  the  alignment  of  the  rights  of  all
categories  of  insured  persons,  Article  20,  which  covers  only  persons  employed  in
international  transport,  is  no  longer  necessary  and  can  be  deleted.  In  practice,  persons
employed  in  international  transport  will  have  a  European  card  issued  by  the  institution  and
conferring entitlement to any necessary benefits in kind during a temporary stay in a Member
State other than the competent State whatever the purpose of this stay.

Articles 21, 26 and 31 state that the individual must submit to the institution of the place of
stay a certified statement stating that he is entitled to benefits in kind.

This obligation  to  contact  the  institution of  the  place  of  stay  before  having  access  to  a  care
provider  seems  unrealistic  and  disproportionate  particularly  in  the  case  of  a  short  stay  in
another  Member  State  and  could  constitute  a  real  obstacle  to  free  movement  of  persons
particularly in that  access to benefits  in  kind  could be refused  if  the  insured person had not
previously  submitted  the  required  form  to  the  institution  of  the  place  of  stay.  Moreover,
insured  persons  are  frequently  unaware  of  this  obligation  and  may  quite  reasonably  believe
that  merely  possessing  a  form  guarantees  access  to  benefits  in  kind.  Furthermore,  many
Member States have stopped penalising failure to respect this procedure.

In addition, the Court of Justice stated in its judgment of 25 February 2003 in the IKA case
(C-326/00,  not  yet  published)  that  it  should  however  be  noted  that  the  possible  absence  of
such a spontaneous submission would not have major implications. (point 47).

Furthermore, in the context of the introduction of the European card, the Barcelona European
Council  of  15-16  March  2002  decided  that  procedures  should  be  simplified  in  order  to
facilitate access to healthcare.

5

The  title  and  first  paragraph  of  Article  21,  the  first  paragraph  of  Article  26  and  the  first
paragraph  of  Article  31  should  thus  be  reformulated  to  enable  the  individuals  to  contact
healthcare providers directly in order to have access to benefits in kind based on a document
proving their  entitlement, namely the European card.  Nonetheless, if  the  insured  person  has
lost or forgotten this document he should be given the possibility of contacting the institution
of  the  place  of  stay  so  that  the  latter  can  request  an  equivalent  certified  statement  from  the
competent institution.

Since  the  European  card  only  concerns  benefits  in  kind,  the  existing  procedure  should
continue  to  apply  for  cash  benefits.  A  new  paragraph  (1a)  must  therefore  be  added  to
Article 26.

2.3.

Third article

This article concerns the date on which the Regulation will enter into force.

6

3.

APPLICATION  IN  THE  COUNTRIES  OF  THE  EUROPEAN  ECONOMIC
AREA AND THE SWISS CONFEDERATION

The free movement of persons is one of the objectives and principles of the Agreement on the
European Economic Area (EEA) which came into force on 1 January 19942. In Chapter 1 of
the third part, concerning the free movement of persons, services and capital, Articles 28, 29
and  30  deal  with  the  free  movement  of  employed  and  self-employed  workers.  Article  29,
more  specifically,  restates  the  principles  listed  in  Article  42  of  the  EC  Treaty  in  respect  of
social security for persons  moving within the Community.  Consequently this proposal  for  a
Regulation should, if it is adopted, apply with respect to the EEA member countries.

The agreement between the European Community and its Member States, of the one part, and
the Swiss Confederation, of the other part, on the free movement of persons, which came into
force on 1 June 20023, contains an Article 8 which restates the principles listed in Article 42
of  the  EC  Treaty  in  respect  of  social  security  for  persons  moving  within  the  Community.
Consequently this proposal for a Regulation should, if it is adopted, apply with respect to the
Swiss Confederation.

2

3

OJ  L  1  of  3.1.1994,  as  amended  by  the  Decision  of  the  EEA  Joint  Committee  No  7/94  of  21.3.1994
(OJ L 160 of 28.6.1994).
OJ L 114 of 30.4.2002.

7

                                                
2003/0138 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Regulation (EEC) No 1408/71 on the application of social security
schemes to employed persons and their families moving within the Community, and
Council Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation
(EEC) No 1408/71, in respect of the alignment of rights and the simplification
of procedures

(Text with relevance for the EEA and for Switzerland)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles
42 and 308 thereof,

Having regard to the proposal from the Commission4,

Having regard to the opinion of the European Economic and Social Committee5,

Having regard to the opinion of the Committee of the Regions6,

Acting in accordance with the procedure laid down in Article 251 of the Treaty7,

Whereas:

(1) 

(2) 

4

5

6

7

8

In  the  words  of  the  conclusions  of  the  Barcelona  European  Council  of  15  and  16
March 2002, “a European Health Insurance Card will replace the current paper forms
needed for health treatment in another Member State. The Commission will present a
proposal to that effect before the spring European Council in 2003.  Such a  card  will
simplify procedures, but will not change existing rights and obligations”.

To attain and even surpass this objective by optimising the advantages offered by the
European  card  for  insured  persons  and  institutions,  certain  changes  to  Council
Regulation  (EEC)  No  1408/71  of  14  June  1971  on  the  application  of  social  security
schemes to employed persons, self-employed persons and their families moving within
the Community8 are necessary.

OJ C [...] of [...], p [...].
OJ C [...] of [...], p [...].
OJ C [...] of [...], p [...].
OJ C [...] of [...], p [...].
OJ  L  149  of  5.7.1971,  p.  2.  Regulation  updated  by  Regulation  (EC)  No  118/97  of  the  Council
(OJ  L  28  of  30.1.1997,  p.  1)  and  last  amended  by  Regulation  (EC)  No  1386/2001  of  the  European
Parliament and of the Council (OJ L 187 of 10.7.2001, p. 1).

8

                                                
(3) 

(4) 

(5) 

(6) 

(7) 

The Regulation currently provides for access to different types of health care during a
temporary  stay  in  a  Member  State  other  than  the  competent  State  or  the  State  of
residence, depending on the  category to which the insured persons  belong,  making  a
distinction  between  “immediately  necessary  care”  and  “necessary  care”.  For  greater
protection for insured persons, provision should be made to bring into line the rights of
all insured persons in respect of access to benefits in kind during a temporary stay in a
Member State other than the State in which he is insured or resident.

For  certain  types  of  continuous  treatment  requiring  a  specific  infrastructure,  such  as
dialysis, it is essential for the patient that the treatment be available during his stay in
another Member State; in this connection, the Administrative Commission draws up a
list  of  the  benefits  in  kind  that  are  subject  to  a  prior  agreement  between  the  insured
person and the institution providing the treatment in order to guarantee the availability
of the care  and the  insured person’s freedom to stay  temporarily  in  another  Member
State.

Access to benefits in kind during a temporary stay in another Member State is granted,
in principle, on presentation of the appropriate form provided for by Regulation (EEC)
No  574/72  of  the  Council  of  21  March  1972  fixing  the  procedure  for  implementing
Regulation  (EEC)  No  1408/71  on  the  application  of  social  security  schemes  to
employed persons and their families moving within the Community9. Certain Member
states  still  require  –  formally,  even  if  not  in  practice  –  the  completion  of  extra
formalities on arrival in their territory. These requirements, specifically the obligation
to submit systematically and in advance a  certified statement to the institution of the
place of stay certifying entitlement to benefits in kind, appear today to be needlessly
restrictive and of a nature to hamper the free movement of the persons concerned.

For the effective and fair implementation of the Regulation, co-operation between the
institutions  and  the  persons  covered  by  the  Regulation  is  indispensable.  This  co-
operation presupposes, on the part of both the institutions and the insured persons, full
information  on  any  changes  that  could  affect  entitlement  to  benefits,  such  as  any
cessation or change of the employment or self-employment of the insured person, any
transfer of the residence or stay of that person or of a member of his family, changes to
the family situation, or amendments to the legislation.

Given  the  complexity  of  certain  individual  situations  related  to  the  movement  of
persons,  provision  must  be  made  for  a  mechanism  allowing  institutions  to  rule  on
individual  cases  in  which  differing  interpretations  of  Regulation  (EEC)  No  1408/71
and its implementing regulation could jeopardise the rights of the person concerned. If
a solution respecting all of the rights of the individual cannot be found, provision must
be made for the option of referring the matter to the Administrative Commission.

9

OJ  L  74  of  27.3.1971,  p.  1.  Regulation  updated  by  Regulation  (EC)  No  1290/97  of  the  Council
(OJ  L  176  of  4.7.1997,  p.  1)  and  last  amended  by  Regulation  (EC)  No  1386/2001  of  the  European
Parliament and of the Council (OJ L 187 of 10.7.2001, p. 1).

9

                                                
(8) 

In  order  to  bring  the  Regulation  into  line  with  developments  in  data  processing,  of
which the European card is an essential element as it  is  intended  in  the long term to
constitute an electronic medium readable in all Member States, the wording of Articles
2 and 117 of Regulation (EEC) No 574/72 must be amended to cover the concept of
“document”  as  “any  content  whatever  its  medium,  written  on  paper  or  stored  in
electronic form or as a sound, visual or audiovisual recording”,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1408/71 shall be amended as follows:

1)

a)

Article 22 is amended as follows:

Sub-paragraph (1) (a) is replaced by the following:

“a) for which benefits in kind are necessary for medical reasons during a stay on the territory
of  another  Member  State,  taking  account  of  the  nature  of  the  benefits  and  the  expected
duration of the stay.”

b)

The following new paragraph (1a) is inserted:

“1a. For practical reasons, certain benefits in kind must, in order to be granted during a stay in
another Member State, be the subject of a prior agreement between the person concerned and
the  institution  providing  the  care.  The  Administrative  Commission  shall  draw  up  the  list  of
these benefits.”

c)

The first sub-paragraph (i) in paragraph (3) is replaced by the following:

“The  provisions  of  paragraphs  (1),  (1a)  and  (2)  shall  apply  by  analogy  to  members  of  the
family of an employed or self-employed person.”

2)

3)

Article 22b is deleted.

In Article 25, paragraph (1) is replaced by the following:

“1.  For  the  period  of  time  referred  to  in  Article  69(1)(c),  an  employed  or  self-employed
person  who  is  unemployed  and  who  is  subject  to  the  provisions  of  Article  69(1)  or  article
71(1)(b)(ii), second sentence, and who satisfies the conditions laid down in the legislation of
the competent State for entitlement to benefits in kind and cash benefits, taking account where
necessary of the provisions of article 18, shall receive:

a) benefits in kind that become necessary for this person for medical reasons during his stay
on the territory of the Member State where he is seeking employment, taking account of the
nature  of  the  benefits  and  the  expected  duration  of  the  stay.  These  benefits  in  kind  are
provided  on  behalf  of  the  competent  institution  by  the  institution  of  the  Member  State  in
which he is seeking employment, pursuant to the provisions of the legislation applied by the
latter institution, as if he were insured with it;

10

b) cash benefits provided by the competent institution in accordance with the provisions of the
legislation  which  it  administers.  However,  by  agreement  between  the  competent  institution
and the institution of the Member State in which the unemployed person seeks employment,
benefits  may  be  provided  by  the  latter  institution  on  behalf  of  the  former  institution  in
accordance  with  the  provisions  of  the  legislation  of  the  competent  State.  Unemployment
benefits under Article 69 (1) shall not be granted for the period during which cash benefits are
received.”

4)

Article 31 is replaced by the following:

“Article 31

Stay by pensioner and/or members of his family in a State other than the State in which
they reside

A pensioner entitled to a pension or pensions under the legislation of one Member State or to
pensions under the legislation of two or more Member States who is entitled to benefits under
the legislation of one of those States shall, with members of his family who are staying in the
territory of a Member State other than the one in which they reside, receive:

a) benefits in kind that are necessary for medical reasons during a stay on the territory of the
Member State other  than the state of residence,  taking  account  of  the  nature  of  the  benefits
and the expected duration of the stay. These benefits in kind are provided by the institution of
the Member State of stay, pursuant to the provisions of the legislation that it administers, on
behalf  of  the  competent  institution  of  the  place  of  residence  of  the  pensioner  or  of  the
members of his family;

b) cash benefits  provided,  where  appropriate,  by  the  competent  institution  as determined by
the  provisions  of  Article  27  or  28(2),  in  accordance  with  the  provisions  of  the  legislation
which  it  administers.  However,  upon  agreement  between  the  competent  institution  and  the
institution  of  the  place  of  stay,  these  benefits  may  be  provided  by  the  latter  institution  on
behalf  of  the  former,  in  accordance  with  the  provisions  of  the  legislation  of  the  competent
State.”

5)

6)

Article 34b is deleted.

Article 84a is inserted as follows:

“Article 84a

Relations between the institutions and the persons covered by this Regulation.

1. The institutions and persons covered by this Regulation have a duty of mutual information
and co-operation to ensure the correct implementation of this Regulation.

The institutions, in accordance with the principle of good administration, shall respond to all
queries  within  a  reasonable  period  of  time.  They  shall  notify  the  persons  concerned  of  any
information that could enable them to enjoy the rights conferred on them by this Regulation.

The persons concerned must inform their competent institution/institutions as soon as possible
of any changes to their personal or family situation.

11

2.  Failure  to  respect  the  obligation  of  information  referred  to  in  paragraph  (1),  third  sub-
paragraph, may result in the application of the relevant penalties in accordance with national
law. Nevertheless, these penalties must be equivalent to those applicable to similar situations
under domestic  law  and must not  make it  impossible  or  excessively  difficult  in  practice  for
claimants to exercise the rights conferred on them by this Regulation.

3.  In  the  event  of  difficulties  in  the  interpretation  or  application  of  this  Regulation  which
could jeopardise the rights of a person covered by this Regulation, the institution of the place
of  residence  of  the  person  involved  must  contact  the  institution/institutions  of  the  Member
State or Member States concerned. If a solution cannot be found within a reasonable period,
the Administrative Commission may be called on to intervene.

Article 2

Regulation (EEC) No 574/72 shall be amended as follows:

1) In Article 2, paragraph (1) is replaced by the following:

“1.  Models  of  the  documents  necessary  for  the  application  of  the  Regulation  and  of  the
implementing Regulation shall be drawn up by the Administrative Commission.

These documents may be transferred between institutions either in paper form or by means of
telematic  services  as  standardised  electronic  messages  in  accordance  with  the  provisions  of
Title  VI(a).  The  exchange  of  information  by  means  of  telematic  services  is  subject  to  an
agreement between the competent authorities of the sending Member State and the destination
Member State.”

2) In Article 17, paragraphs (6) and (7) shall be deleted.

3) In Article 19a, paragraph (2) shall be replaced by the following:

“The provisions of Article 17(9) of the implementing Regulation shall apply by analogy.”

4) Article 20 shall be deleted.

5) Article 21 shall be replaced by the following:

“Article 21

Benefits in kind in the case of a stay in a Member State other than the competent State

“1.  In  order  to  receive  benefits  in  kind  under  Article  22(1)(a)(i)  of  the  Regulation,  an
employed  or  self-employed  person  shall  submit  to  the  institution  of  the  place  of  stay  a
certified statement issued by the competent institution stating that he is entitled to benefits in
kind. This document shall be drawn up in accordance with the provisions of Article 2. If the
person concerned is not able to submit the said document, he shall contact the institution of
the  place  of  stay  which  shall  request  from  the  competent  institution  a  certified  statement
certifying that the person concerned is entitled to benefits in kind.

2. The provisions of Article 17(9) of the implementing Regulation shall apply by analogy.”

12

6) In Article 22, paragraph (2) shall be replaced by the following:

“2. The provisions of Article 17(9) of the implementing Regulation shall apply by analogy.”

7) In Article 23, the second paragraph shall be replaced by the following:

“However,  in  the  cases  referred  to  in  the  second  subparagraph  of  Article  22  (3)  of  the
Regulation,  the  institution  of  the  place  of  residence  and  the  legislation  of  the  country  of
residence  of  the  members  of  the  family  shall  be  considered,  respectively,  as  the  competent
institution and as the legislation of the competent State for the purposes of Articles 21 and 22
of the implementing Regulation.”

8) Article 26 is amended as follows

a) Paragraph (1) is replaced by the following:

“1. In order to receive benefits in kind under Article 25 (1) of the Regulation, an unemployed
person or the family member accompanying him shall submit to the care provider a document
issued  by  the  competent  institution  certifying  that  he  is  entitled  to  benefits  in  kind.  This
document  shall  be  drawn  up  in  accordance  with  the  provisions  of  Article  2.  If  the  person
concerned is not able to submit the said document, he shall contact the institution of the place
of stay which shall request from the competent institution a certified statement certifying that
the person concerned is entitled to benefits in kind.”

b) The following paragraph (1)(a) is inserted:

“1(a)  In order to receive  benefits in cash under  Article 25 (1) of the Regulation  for himself
and  for  the  members  of  his  family,  an  unemployed  person  shall  submit  to  the  sickness
insurance institution of the place where he has gone a certified statement for which, prior to
his departure, he should have  applied  to  the  competent  sickness  insurance  institution.  If  the
unemployed person does not submit the said certified statement, the institution of the place to
which he has gone shall obtain it from the competent institution. This certified statement must
testify the existence of the right to the said benefits under the conditions set out in Article 69
(1) (a) of the Regulation; indicate the duration of such right taking into account the provisions
of Article 69 (1) (c) of the Regulation; and specify the amount of cash benefits to be provided,
where  appropriate,  by  way  of  sickness  insurance  during  the  above  mentioned  period,  in  the
case of incapacity for work or hospitalisation.”

c) Paragraph (3) is replaced by the following:

“3. The provisions of Article 17(9) of the implementing Regulation shall apply by analogy.”

9) Article 31 is replaced by the following:

13

“Article 31

Benefits in kind for pensioners and members of their families staying in a Member State
other than the one in which they are resident

1.  In  order  to  receive  benefits  in  kind  under  Article  31  of  the  Regulation,  a  pensioner  shall
submit  to  the  care  institution  a  certified  statement  testifying  that  he  is  entitled  to  the  said
benefits  in  kind.  This  document  shall  be  drawn  up  in  accordance  with  the  provisions  of
Article 2. If the person concerned is not able to submit the said document, he shall contact the
institution of the place of stay which shall request from the competent institution a certified
statement testifying that the person concerned is entitled to benefits in kind.

2. The provisions of Article 17(9) of the implementing Regulation shall apply by analogy.

3. The provisions of paragraphs 1 and 2 shall apply by analogy in respect of the granting of
benefits in kind to the members of the family covered by Article 31 of the Regulation. If these
family members reside on the territory of a Member State other than that of the pensioner, the
document  referred  to  in  paragraph  1  shall  be  issued  by  the  institution  of  their  place  of
residence.”

10) In Article 117, paragraph (1) shall be replaced by the following:

“1. Based on the research and proposals of the Technical Commission referred to in  Article
117c of the implementing Regulation, the Administrative Commission shall adapt to the new
data processing techniques the models of documents as well as the routing channels and the
data  transmission  procedures  necessary  for  applying  the  Regulation  and  its  implementing
Regulation.”

This Regulation shall enter into force on the [...] day following that of its publication in the
Official Journal of the European Union.

Article 3

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

For the European Parliament
The President

For the Council
The President

14