CELEX: 51982PC0048
Language: en
Date: 1982-02-12
Title: Proposal for a COUNCIL REGULATION (EEC) establishing, in the relations between the Italian institutions and the institutions of the other Member States, special measures for the reimbursement of the sickness and maternity insurance benefits in kind (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 48
Vol. 1982/0017
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(82)48 final
                                                             Brussels , 12 February 1982
                                          Proposal for a
                                     COUNCIL REGULATION ( EEC )
 establishing , in the relations between the Italian institutions and the .
 institutions of the other Member States , special measures for the reim­
 bursement of the sickness and maternity insurance benefits in kind
     /c N
   A--"       ,
                              ^
   / -      /                   V -
  r- [        ,>            v
  \ !        ^ .         (( submitted
                            submit to the Council by the Commission )
   \          '"S »   •         /.'C
    V       *           ^      / :</
      γ             '
       \
   C0M(82 ) 48 final
 ---pagebreak---                                  L0\M ^
                            EXPLANATORY MEMORANDUM
INTRODUCTION
1.    Article 36 of Regulation 1408 / 71 lays down that benefits in kind
provided by the institution of one Member State on behalf of the
institution of another Member State shall be fully refunded , either
on production of proof of actual expenditure or on the basis of
lump-sum payments .   It also provides for the opportunity for two or
more Member States to provide for other methods of refunding
or to waive all refunds .             The amounts to be refunded under
the general principle must be determined under the .conditions
 laid down in Articles 93 , 94 and 95 of Regulation No 574 / 72 *
Article 93 lays down that the institution on whose behalf the
benefits in kind have been provided shall reimburse the amounts
of these benefits as  shown     in the accounts of the institution
providing the benefits .
Where this amount is not shown in the abovementioned accounts , the
 lump sums shall be determined in accordance with    the rules laid down
in Articles 94 and 95 .
 ---pagebreak--- 2.    Since 1977 , the Italian institution , INAM , ( National Sickness
Insurance Institution ) has experienced administrative difficulties,'
which in the meantime have increased even more , as a result of the
gradual dismantling and eventual abolition        of that institution in
connection with the setting up of a national health service in
Italy .
In particular , the INAM is no longer in a position to control the
claims for    refunds        presented by the institutions of other
Member States or to determine or submit its own claims in respect
of the institutions of other Member States .
3.    Since these circumstances threatened to endanger the coordination
that had been established by Regulations Nos 1408 / 71 and 574 / 72
between the social security institutions of the Member States , a
solution to this problem was called for at short notice .
On 3 April 1981 , the Commission informed the Italian Minister for
Health of its concern in     this matter .
In May 1981 , the abovementioned Italian Minister sent a note to his
colleagues in the other Member States in which he undertook to
honour the obligations of the INAM .       At the same time ,
in the context of Article 36 of Regulation No 1408 / 71 he proposed that
compensatory arrangements be introduced at       bilateral level on the
basis of lump sums for the purpose of making a definitive settlement
in respect of the debts and claims of the INAM in relation to the
benefits granted up to 31 December 1980, the date on which the INAM'
was abolished .    He emphasised that it was necessary that this
mechanism should result in a simultaneous overall settlement coupled
with off-setting operations in respect of the claims and debts as
quickly as possible .
 ---pagebreak---                                     - 3 -
4.    In close cooperation with all the national delegations , the Audit
Board of the Administrative Commission of the EEC for the Social
Security   of Migrant Workers took upon itself the task of finding
an adequate solution to this problem .
Although undoubtedly recourse could be had to the bilateral agreements ,
preference was given to an overall Community method which permit 's
the quickest settlement of this special situation regarding claims
and debts of the INAM ;     this solution was based as far as possible
on the Regulations-
On 18 December 1981 the Administrative Commission unanimously
adopted the draft proposal for a Council Regulation in which the
aims had been laid down *
MAIN POINTS OF THE PROPOSED REGULATION
5.   In principle , every effort was made to adhere to the provisions of
Regulation No 574 / 72 relating to the determination of the amounts of
benefits in kind to be refunded whether or not it was a question of
claims on the basis of invoices ( on production of proof of actual
expenditure ) or claims on the basis of lump sums „
For the benefits provided up to 31 December 1980 ;
 (a)  the claims on the basis of invoices by the other Member States in res
pect of I.taly ( INAM ) were determined on the basis of documents as
 laid down in Article 93 of Regulation No 574 / 72 ;
 ---pagebreak---                                       - 4 -
(b)    the claims on the basis of Lump sums by other Member States in respect of
Italy ( INAM ) and vice versa have been determined in accordance with the
provisions of Articles 94 and 95 of Regulation No 574 / 72 .
6.     However , it was not possible to avoid using these special rules
for different evaluation criteria in the case where documentary
proof was not available or where other data was lacking ;        the use of these
special rules was restricted to a minimum however .
(a )   This applied in particular to the claims on the basis of invoices
for 1977-80      by  Italy ( INAM ) in respect of other Member States .    Since
Italy is not in a position to determine these claims , they have been
evaluated by means of extrapolation of the real data for 1973-76 ,
except in the case of dealings between Italy and Germany where the
data related     to 1973-77 .
(b)    Furthermore , the creditor-countries ( Belgium, Germany and France )
proposed supplementary amounts for claims on the basis of invoices in
respect of claims which they would be able to submit after 31 December
1981 .    These amounts have been accepted by Italy and constitute a
maximum refund .
7.     Furthermore , evaluations were also necessary for part of the
claims relating to 1980 on the basis of lump sums .         These evaluations
have been fixed at bilateral level .        As regards dealings between
Italy and Germany , the determination       of the claims on the basis of
lump sums by Italy will be determined by the German institutions^ taking
into account the abolition of the INAM before 30 September 1982 , by virtue
of a bilateral agreement in force since 1958 .
8.     In other dealings , waiver agreements have been drawn up and
accepted on both sides but have not yet been ratified ;        this is the case
for    Denmark and Italy and Ireland and Italy .       For Italy and the
United Kingdom an agreement has also been approved fixing the amount of
reciprocal claims but has not yet been ratified .
 ---pagebreak---   9.   The amounts of claims determined in this way and accepted by all
  the delegations constitute a settlement ( as at 31 December  1981 ).  They
  are converted into Italian lire at the rate of exchange in   force on that
  date as determined by the Commission in the context of the   European
  Monetary System .   This is done with a view to the global   off-setting
  operations and the inclusion of the INAM debts in the Italian budget .
  The claims will be paid to each creditor Member State in its own
  currency on the basis of the amounts determined on 31 December 1981 ;
  the rate of exchange to be applied, however, will be that of the day
  of payment .  The payments will be made in fixed percentages on 31 March ,
  30 June and 31 December 1982 .
  10 . On the basis of the criteria stated above , the Commission, in
  cooperation with the national delegations represented in the Administrative
  Commission for the Social Security of Migrant Workers , drew up the
  amounts of claims and debts in respect of Italy ( INAM ) which are
  presented in an Annex to the proposal for a Regulation .
  In this respect , it should be noted that all delegations accepted these
  amounts which are regarded as being definitive .
, ANALYSIS OF THE PROPOSAL FOR A REGULATION
  The first Article lays down that the settlement refers only to benefits
  in kind for sickness and maternity insurance which have been provided ,
  before 31 December 1980 and which have not ' yet been refunded .
  Article 2 lays down the manner in which the amounts of the claims
  on the basis of invoices are to be refunded for the benefits .
  Several possibilities have been provided for :
 ---pagebreak--- C1 ) The amounts claimed from the INAM ( Italy ) up to 30 September 1981
under the provisions of Article 93 of Regulation No 574 / 72 (on
production of documentary proof ) are aggregated ;
( 2 ) The amounts which could be claimed from Italy after 30 September
1981 under Article 100 of Regulation No 574 / 72 are evaluated and added
to the amounts mentioned in ( 1 );
(3)   Each of the amounts determined in accordance with ( 2 )
constitutes a maximum refund in the case where documentary evidence
                                               Ν
is submitted up to 30 April 1982 ;
(4 )  The arrangement mentioned in ( 1 ) is applicable to the claims
made by the INAM for the financial years 1976 and preceding years ;
(5)   The amounts of the claims in respect of INAM for 1977-80 are
evaluated on the basis of data relating to 1973-76, Except in the
                                                       *
case of dealings with Germany where this is done on the basis of
data relating to 1973-77 .
Article 3 lays down the manner in which the amounts of the claims on
the basis of lump sums are determined :
(1 )  The amounts already determined under the provisions of
Articles 94 and 95 of Regulation No 574 / 72 are aggregated for
all Member States ;
(2 )  Since there is no multiplication factor for the determination of
part of the amounts for 1980, an evaluation is provided for on the basis
of data relating to 1977, 1978 and 1979 .
Article 4 provides for the aggregation of the amounts of claims by
a Member State in respect of Italy for the purpose of a bilateral and
overall aggregation ;   it also states the rate of exchange to be applied .
 ---pagebreak--- Article 5 Lays down that :
every creditor Member State receives a refund in its own currency of the
total amount owed to it in accordance with the manner in which this
amount is determined in the currency of the State concerned under
Article 4 ;
refunds will be made in three separate payments on 31 March , 30 June
and 31 December 1982 .
Article 6 lays down that the application of the Regulation is intended
to constitute a definitive settlement ;
that after 30 April 1982 no application for refunds can be submitted ;
that the competent national authorities will take the necessary measures
for the implementation of the Regulation .
Article 7 states that the amounts determined under the Regulation will
be included in an Annex .
Article 8 lays down that the Regulation will enter into force on
28 February 1982 .
 ---pagebreak---                                 Prepesal fer a
                           COUNCIL REGULATION ( EEC )
establishing /, in the relations between the Italian institutions and the
institutions of the other Member States , special measures for the reim­
bursement of the sickness and maternity insurance benefits in kind
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to Treaty establishing the European Economic Community,
and in particular Article 51 thereof ;
Having regard to the proposal from the Commission , drawn up after
consulting the Administrative Commission on Social Security for Migrant
Workers ;
Whereas Article 36of Regulation ( EEC ) No 1408/ 71 of the Council of 14 June 1971 on
the application of social security schemes to employed persons and their
                                         1
families moving within the Community , as last amended by Regulation
                    2
( EEC ) No 2793 / 81 , provides that the benefits in kind provided by the
institution of a Member State on behalf of the institution of another
shall be fully refunded , either on production of proof of actual expenditure
or on the basis of lump-sum payments ;
Whereas Articles 93, 94, 95 and 100 of Council Regulation ( EEC ) No 574/ 72^,
as last amended by Regulation ( EEC ) No 2793/ 81 2, fixing the detailed rules
for the application of Regulation ( EEC ) No 1408/ 71 , lay down the method for
determining the amounts to be refunded and for making such refunds ;
  0J No L 149, 5.7.1971 , p. 2
  0J No L 275 , 29.9.1981 , p . 1
 30J No L 74, 27.3.1972 , p . 1
 ---pagebreak--- Whereas the establishment of a national health service in Italy has
entailed the abolition of all the sickness and maternity insurance manage­
ment bodies and in particular that of the Istituto nazionale per 1 1 assicurazione
contro le malattie ( National Sickness Insurance Institution),
hereinafter referred to as the INAM, which was the liaison body and the
competent institution within the meaning of Regulations ( EEC ) Nos 1408/ 71
and 574/ 72 ;
Whereas this abolition has made it impossible to carry out the operations
                 <
for checking claims submitted by the institutions of the other Member
States , on the one hand, and the operations for drawing up the INAM
claims vis- a-vis the said institution ^, on the other hand, for .the
purposes of the refunds provided for in Article 36 of Regulation ( EEC )
No 1408 / 71 ;
Whereas it appears advisable to resolve this particular situation
by a single Community method applying simultaneously to all the claims
by and on the INAM so as to expedite the overall and final settlement
of these claims ;
Whereas this method should deviate as little as possible from the above-
mentioned provisions of Regulation ( EEC ) No 574/ 72 and care should be
taken to avoid having recourse to other criteria for the assessment of
 claims and debts or to special rules except where absolutely necessary>
HAS ADOPTED THIS REGULATION :
                                 Article 1
By way of derogation from the provisions of Title V of Regulation ( EEC )
No 574/ 72, the reimbursements provided for in Article 36 of Regulation ( EEC )
No 1408/ 71 of sickness and maternity insurance benefits in kind provided
up to 31 December 1980 by the institutions «Jf the Member States on behalf
of the INAM and by the INAM on behalf of the said institutions , which have
not been effected following the abolition of the INAM, shall be determined
and effected in accordance with the procedure teid down in this Regulation .
 ---pagebreak---                                       - 3 -
                                   Article 2
The amounts to be reimbursed pursuant to Article 93 of Regulation      ( EEC )
No 574 / 72 shall be determined as follows :
1.  The sums which the institutions of the     Member States
    claimed from the INAM on 30 September 1981 in respect of benefits
    in kind provided up to 31 December 1980 on the basis of documentary
    evidence shall be aggregated as such , account being taken of the
    accepted rejects , save in the event of material error ;
2.  The sums which the institutions may still claim pursuant to
    Article 100 of Regulation ( EEC ) No 574/ 72 but for which no documentary
    evidence is available , in particular for benefits
    provided in 1980, shall be estimated ;     they shall be added to
    the sums referred to in subparagraph 1 ;
3.  This estimate shall for each Member State constitute a ceiling ;
    in the event that the documentary evidence submitted for the INAM
    to the Italian Ministry of Health up to 30 April 1982 , the date of
    the postmark being recognized as the date of despatch , corresponds
    to an amount not exceeding this ceiling , this amount shall be
    reimbursed ; however , if the ceiling is exceeded , the amount to be
    reimbursed shall be equal to this ceiling ;
                                                  %
4.  The sums claimed by the INAM which were submitted for
    claims relating to the financial years 1976 and earlier shall be
    aggregated as such , account being taken of the accepted rejects ,
    save in the event of material error ;
5.  The amounts of the INAM claims for the financial years 1977 to 1980
    shall be determined by projecting the amounts reimbursed
    to the INAM for the financial years 1973 to 1976 ;     however, with
     regard to Germany , the amount adopted for the financial year 1977
     shall be that corresponding to the amount based on the documentary
     evidence which the Italian Ministry has communicated to the German
      liaison body ; moreover , in the relations between Italy and Germany ,
     the claims and debts of the Cassa rriutua provinciale di malattia di
     Bolzano shall not be covered by this Regulation .
 ---pagebreak---                                     - 4 -
                                Article 3
The amounts to be reimbursed pursuant to Articles 94 and 95 of
Regulation ( EEC ) No 574/ 72 shall be determined as follows :
1.   The lump sums already determined for the benefits provided up
     to 1979 shall be aggregated as such , account being taken of the
     accepted rejects , save in the event of material error ;
2.   The lump sums for benefits provided in 1980 shall be
     estimated with regard to the annual average number of families
     and the annual average number of pensioners covered by
     Articles 94 and 95 respectively of Regulation ( EEC ) No 574/ 72 ;
     this estimate shall be obtained by projecting the data relating
     to 1977, 1978 and 1979 .
                                Article 4
1.   The amounts of the claims determined in accordance with
     Articles 1 to 3 shall be aggregated for each Member State , in
     the currency of that State , as at 31 December 1981 ;
2.   For the purpose of an offsetting operation, the amounts referred to
     in paragraph 1 shall then be converted into Italian lire in order
     that the Italian competent authority may know the balance payable by it .
3.   The conversion shall be made on' the basis of the official exchange
     rate as at 31 December 1981 determined by the Commission in the
     framework of the European Monetary System ,,         --            •
                            »                                  >
                                Article 5
1.   Taking account of the provisions of Article 2(3 ), the amount
     to be offset in accordance with Article 4 shall be expressed in
     the national currency of the creditor country and shall be
      reimbursed in that currency *
2.    For the conversion of currencies for the purpose of making the
     reimbursements in accordance with paragraph 3 , the rate
     of exchange to be applied shall be that valid on the day of
     payment .
3.   The reimbursements due shall be made by the liaison bodies in
     accordance with the following timetable and percentages :
 ---pagebreak---      on 31 March 1982 , 15 to 202 of the amount due ,
     on 30 June 1982, 50% of the balance still due ,
     on 31 December 1982 , the balance still outstanding .
                                   Article 6
1.   The application of Articles 1 to 5 shall constitute a
     settlement of accounts .     This settlement of accounts shall also
     comprise the amounts provided for by the waiver agreements or other
     agreements that have been or will be concluded .
2.   By way of derogation from Article 100of Regulation ( EEC ) No 574/ 72, no request
     for reimbursement    relating to the benefits referred to in this
     Regualtion may be submitted after 30 April 1982 .
3.   The competent authority of each Member State shall take the necessary
     measures for the application of this Regulation , in particular for
     proceeding from the national balance , determined at Community
      level , to the settlement of the accounts of the institutions
      concerned .
                                   Article 7
The amounts of the claims for each Member State determined pursuant to
the provisions of Articles 2 to 5 are listed in the Annex .
                                   Article 8
This Regulation shall enter into force on 28 February 1982 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
 ---pagebreak---                                         ANNEX
Statement of claims by and on the INAM ( Italy ) relating to benefits in
kind provided before 31 December 1980
Settlement of accounts at 31 December 1981
Amounts determined pursuant to Articles 2 , 3 and 4 .
I. ITALY AS DEBTOR                                        II . ITALY AS CREDITOR
A. BELGIUM as creditor                                  B. BELGIUM as debtor
Article                Amounts ( Bfrs )                           Amounts     ( Lit )
2(1) / (4 ), ( 5 )   747 427 908                                 2 381 . 011 627
2(2 )                 66 190 047                                         -
3(1 )                    483 815                                 1 011 732 004
3(2 )                249 407 807                                12 123 931 379
                                                              %
4(1 )   ( TOT .)   1 063 509 577                                15 516 675 010
                                                ( Lit )
                    33.208.831.000
4(2 )               15.516.675.010 -                            15 516 675 010
             I
                                                                         =  ■
                    17.692.155.990
5(1 )
                       566.589.570        ( FB )
C. DENMARK as creditor                                    D. DENMARK as debtor
                                        WAIVER
(Waiver agreement to be signed )
 ---pagebreak--- E. GERMANY as creditor                                        F. GERMANY as debtor
Arti ele               Amounts^DM )                                 Amounts  ( Lit )
2(1 )/ ( 4 ) , ( 5 )            43.976.412,55                     27.831.565.224
2(2 )
                                 7.023.588 ,-
3(1 )
                                                                        •
3(2 )
                                       ■                                ■
4(1 )    ( TOT .)
                              ( 50.000.000 )                •   ( 27.831.565.224 )
                                              ( Li t )
                                                                ( 27.831.565.224 )
4(2 )
                               26.664.850.000                   ( 26.664.850.000 ) -
                                         =
                                                                ( 1.166.715.224)·
5(1 )                                    ■                              •
 (1)    Amounts to be determined by the German institutions before 30.9.1982
                                     I
F. FRANCE as creditor                      -           H. FRANCE as debtor
Arti ele                  Amounts ( FF )                            Amounts    ( Lit )
 2(1) / (4 ), (5 )       523 004 819                              1 299 250 076
 2(2 )         !          81  593 356                             2 754 450 000
 3(1 )               )                                    )
                     )    50 330 885        .             )     14 988 420 084
 3(2 )               )                                    )
 4(1 )  ( TOT .)         654 929 060                            19 042 120 160
                                                                    808 895 630 *      *
                                              ( Li 1:)
    ν                   137.661.503.910
 4(2 )                                                          18 233 224 530
                         18.233.224.530 -
                        119.428.279.380                                   =
 5(1 )                       568.183.900 (FF)
 *
   Previous      offsetting operation .
 ---pagebreak---                                         - 8 -
                                                       J „ IRELAND as debtor
  I. IRELAND as creditor
                                       WAIVER
                           (Waiver agreement to be signed )
   K. LUXEMBOURG as creditor                              L. LUXEMBOURG as debtor
   Arti c Le          Amounts   ( FL )                         Amounts ( Lit )
2(1) / (4 ), ( 5 )       9 057 823                     )
                                                        )   171 081 660
2(2 )
                                                        )
3(1 )               )                                        188 287 740
                    )    7 707 530
                \
3(2 )                                                        431 019 035
                    )
4(1 ) ( TOT .)          16 765 353                           790 688 435
                                              ( Lit )
4(2 )                  523.509.885                           790.688.435
                                                             523.509.885 -
                              s                              267.178.550
5(1 )                         =                              267.178.550
M.   NETHERLANDS as creditor                     N. NETHERLANDS as debtor
    Arti c Le             Amounts ( HFL )                    Amounts ( Lit )
 2(1) / (4 ), ( 5 )     5 150 315                     >
                                                      )      372 447 205
 2(2 )                      -
                                                      >
3(1 )                       28 862                           238 347 410
 3(2 )                     104 909                        •  261 020 350
 4(1 ) ( TOT .)         5 284 086                            871 814 965
                                              ( Lit )
                    2.567.257.330
4(2 )                                                        871 815 965
                       871.815.965 -
                    1.695.441.365
5(1 )                    3.489.660                                 =
 ---pagebreak---                                                                % -
    0 . UNITED KINGDOM as creditor                         P. UNITED KINGDOM as debtor
  Arti c Le             Amounts ( Pound Sterling )                 Amounts ( Lit )
  2(1 )/ ( 4 ), ( 5 )    ! 522.197,66                                         801.967.351
  2(2 )
  3(1 )
                                 498,05                                       328.821.363
  3(2 )
                       1 . 084.848,00                                      2.697.923.372
  4(1 ) ( TOT .)
                       1 . 607 . 543,71                                   3.828.712.086
   4(2 )
                                                      ( Lí
                                                            t>            3.828.712.086
                       3.698.958.077                                       3.698.958.077 -
                                   = 1                                        129.754.000
                                   =                                          129.754.000
   5(1 )
                      SUMMARY OF OFFSETTING OPERATIONS IN LIT
   I. ITALY AS DEBTOR                                 II . ITALY" AS CREDITOR
   Credi tor             Amounts '(Lit )         . ; DEBTOR         .         v Amounts ( Lit )
   BELGIUM                  17.692.155.990 ;         GERMANY                ( 1.166.715.225 )
    FRANCE                119.428.279.380 j          LUXEMBOURG
                                                   " UNITED
                                                                         ¡      267.178.550
   NETHERLANDS               1 . 695.441 . 365 :   - KINGDOM
                                                                          !     129.754.000
            TOT .         138.815.876.735                            TOT . ( 1.563.647.775 )
TOT . Ζ – TOT . II                     ·