Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

en · official · sha256:fafb2ff732f4f55f6af5ac3ff37cb97c3a62d575ec9097555b116451f337b1da

Article 14 Details relating to Articles 12 and 13 of the basic Regulation 1. For the purposes of the application of Article 12(1) 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 to another Member State, provided that, immediately before the start of his employment, the person concerned is already subject to the legislation of the Member State in which his employer is established. 2. For the purposes of the application of Article 12(1) 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. 3. For the purposes of the application of Article 12(2) of the basic Regulation, the words ‘who normally pursues an activity as a self-employed person’ shall refer to a person who habitually carries out substantial activities in the territory of the Member State in which he is established. In particular, that person must have already pursued his activity for some time before the date when he wishes to take advantage of the provisions of that Article and, during any period of temporary activity in another Member State, must continue to fulfil, in the Member State where he is established, the requirements for the pursuit of his activity in order to be able to pursue it on his return. 4. For the purposes of the application of Article 12(2) of the basic Regulation, the criterion for determining whether the activity that a self-employed person goes to pursue in another Member State is ‘similar’ to the self-employed activity normally pursued shall be that of the actual nature of the activity, rather than of the designation of employed or self-employed activity that may be given to this activity by the other Member State. 5. For the purposes of the application of Article 13(1) of the basic Regulation a person who ‘normally pursues an activity as an employed person in two or more Member States’ shall refer, in particular, to a person who: (a) while maintaining an activity in one Member State, simultaneously exercises a separate activity in one or more other Member States, irrespective of the duration or nature of that separate activity; (b) continuously pursues alternating activities, with the exception of marginal activities, in two or more Member States, irrespective of the frequency or regularity of the alternation. 6. For the purposes of the application of Article 13(2) of the basic Regulation, a person who ‘normally pursues an activity as a self-employed person in two or more Member States’ shall refer, in particular, to a person who simultaneously or in alternation pursues one or more separate self-employed activities, irrespective of the nature of those activities, in two or more Member States. 7. For the purpose of distinguishing the activities under paragraphs 5 and 6 from the situations described in Article 12(1) and (2) of the basic Regulation, the duration of the activity in one or more other Member States (whether it is permanent or of an ad hoc or temporary nature) shall be decisive. For these purposes, an overall assessment shall be made of all the relevant facts including, in particular, in the case of an employed person, the place of work as defined in the employment contract. 8. For the purposes of the application of Article 13(1) and (2) of the basic Regulation, a ‘substantial part of employed or self-employed activity’ pursued in a Member State shall mean a quantitatively substantial part of all the activities of the employed or self-employed person pursued there, without this necessarily being the major part of those activities. To determine whether a substantial part of the activities is pursued in a Member State, the following indicative criteria shall be taken into account: (a) in the case of an employed activity, the working time and/or the remuneration; and (b) in the case of a self-employed activity, the turnover, working time, number of services rendered and / or income. In the framework of an overall assessment, a share of less than 25 % in respect of the criteria mentioned above shall be an indicator that a substantial part of the activities is not being pursued in the relevant Member State. 9. For the purposes of the application of Article 13(2)(b) of the basic Regulation, the ‘centre of interest’ of the activities of a self-employed person shall be determined by taking account of all the aspects of that person’s occupational activities, notably the place where the person’s fixed and permanent place of business is located, the habitual nature or the duration of the activities pursued, the number of services rendered, and the intention of the person concerned as revealed by all the circumstances. 10. 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. 11. If a person pursues his activity as an employed person in two or more Member States on behalf of an employer established outside the territory of the Union, and if this person resides in a Member State without pursuing substantial activity there, he shall be subject to the legislation of the Member State of residence.

Referencing norms: Article14_10_ProjectionForTwelveMonths, Article14_11_EmployerOutsideTheUnion, Article14_1_AlreadyEmployed, Article14_1_RecruitedButSubjectElsewhere, Article14_1_RecruitedForPosting, Article14_2_PurelyInternalManagement, Article14_2_SubstantialActivitiesAssessed, Article14_2_SubstantialActivitiesNotFound, Article14_8_IndicatorBelow25Percent, Article14_8_SubstantialPartFound, Article14_8_SubstantialPartNotFound, CompetentInstitutionOfSendingState, Criterion, INDICATOR_SHARE_PERCENT, already_employed_by_before_posting, normal_activity_criterion_settled_by_case_law, ordinarily_performs_substantial_activities_in, ordinarily_performs_substantial_activities_in/external, projected_share, purely_internal_management_activities_only_in, recruited_with_a_view_to_posting, share_below_25_percent_indicator, share_for_following_twelve_months, subject_immediately_before_employment_to, substantial_part_by_overall_assessment, substantial_part_by_overall_assessment/external, substantial_part_settled_by_case_law

en · official · sha256:a6f045af9e4a15b3ee84d8d62f178ff640e4f045add42d0d1eeb8841cbc7b4c6

Article 15 Procedures for the application of Article 11(3)(b) and (d), Article 11(4) and Article 12 of the basic Regulation (on the provision of information to the institutions concerned) 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(3)(b) 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. 2. Paragraph 1 shall apply mutatis mutandis to persons covered by Article 11(3)(d) of the basic Regulation. 3. An employer within the meaning of Article 11(4) of the basic Regulation who has an employee on board a vessel flying the flag of another Member State 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(4) of the basic Regulation, available to the institution designated by the competent authority of the Member State whose flag, the vessel on which the employee is to perform the activity, is flying.

Referencing norms: Article15_1_EmployerInforms, CompetentInstitutionOfSendingState, employer_to_inform_competent_institution

en · official · sha256:809a486c1b991fcea30d11b3ba98265ae7785dfb3ee2356838ab6c0e8909ebab

Article 16 Procedure for the application of Article 13 of the basic Regulation 1. A person who pursues activities in two or more Member States shall inform the institution designated by the competent authority of the Member State of residence thereof. 2. The designated institution of the place of residence shall without delay determine the legislation applicable to the person concerned, having regard to Article 13 of the basic Regulation and Article 14 of the implementing Regulation. That initial determination shall be provisional. The institution shall inform the designated institutions of each Member State in which an activity is pursued of its provisional determination. 3. The provisional determination of the applicable legislation, as provided for in paragraph 2, shall become definitive within two months of the institutions designated by the competent authorities of the Member States concerned being informed of it, in accordance with paragraph 2, unless the legislation has already been definitively determined on the basis of paragraph 4, or at least one of the institutions concerned informs the institution designated by the competent authority of the Member State of residence by the end of this two-month period that it cannot yet accept the determination or that it takes a different view on this. 4. Where uncertainty about the determination of the applicable legislation requires contacts between the institutions or authorities of two or more Member States, at the request of one or more of the institutions designated by the competent authorities of the Member States concerned or of the competent authorities themselves, the legislation applicable to the person concerned shall be determined by common agreement, having regard to Article 13 of the basic Regulation and the relevant provisions of Article 14 of the implementing Regulation. Where there is a difference of views between the institutions or competent authorities concerned, those bodies shall seek agreement in accordance with the conditions set out above and Article 6 of the implementing Regulation shall apply. 5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned. 6. If the person concerned fails to provide the information referred to in paragraph 1, this Article shall be applied at the initiative of the institution designated by the competent authority of the Member State of residence as soon as it is appraised of that person’s situation, possibly via another institution concerned.

Referencing norms: AgreementBetweenInstitutionsReached, Article16_1_InformResidenceInstitution, Article16_2_ProvisionalWithinTwoMonths, Article16_2_ResidenceInstitutionDetermines, Article16_3_DefinitiveAfterTwoMonths, Article16_3_ObjectionWithinTwoMonths, Article16_4_DeterminedByCommonAgreement, Article16_4_DifferenceOfViews, Article16_4_SeekAgreement, Article16_5_InformPersonDefinitive, Article16_5_InformPersonProvisional, DesignatedInstitutionOfResidence, agreement_between_institutions_reached, determination_definitive, determination_provisional, difference_of_views_on_applicable_legislation, legislation_agreed_by_institutions, no_objection_within_two_months_confirmed, objection_communicated_on, objection_within_two_months, person_to_be_informed_by_institution_of, procedure_state_assessed_on, provisional_determination_notified, residence_institution_to_determine_provisionally, to_be_determined_by_common_agreement, to_inform_designated_institution_of_residence

en · official · sha256:199438840a9ea0be99f2158f4c63955855ad5d47b5722428e398afdbc3277f83

Article 18 Procedure for the application of Article 16 of the basic Regulation A request by the employer or the person concerned for exceptions to Articles 11 to 15 of the basic Regulation shall be submitted, whenever possible in advance, to the competent authority or the body designated by the authority of the Member State, whose legislation the employee or person concerned requests be applied.

Referencing norms: Article18_RequestForException, exception_request_to_be_submitted_to_authority_of, exception_requested_for_legislation_of

en · official · sha256:42fac0198ed12eeacd0bb2496a54be951b091396edfd4d1a227a3beec125903a

Article 19 Provision of information to persons concerned and employers 1. The competent institution of the Member State whose legislation becomes applicable pursuant to Title II of the basic Regulation shall inform the person concerned and, where appropriate, his employer(s) of the obligations laid down in that legislation. It shall provide them with the necessary assistance to complete the formalities required by that legislation. 2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions.

Referencing norms: Article19_1_InformOfObligations, Article19_2_AttestationOnRequest, Document, attestation_requested, attestation_to_be_provided_by_institution_of, document_certifies_applicable_legislation, institution_to_inform_of_obligations

en · official · sha256:2eb382acd7b987c3286d1faab794a1e3e1b6839ea5694e34acc47bc04138b0f3

Article 20 Cooperation between institutions 1. The relevant institutions shall communicate to the competent institution of the Member State whose legislation is applicable to a person pursuant to Title II of the basic Regulation the necessary information required to establish the date on which that legislation becomes applicable and the contributions which that person and his employer(s) are liable to pay under that legislation. 2. The competent institution of the Member State whose legislation becomes applicable to a person pursuant to Title II of the basic Regulation shall make the information indicating the date on which the application of that legislation takes effect available to the institution designated by the competent authority of the Member State to whose legislation that person was last subject.

en · official · sha256:9bcaa656c34a152e8161640c071e7a6847b6b8000119e6e548bbdfb4f5837262

Article 21 Obligations of the employer 1. An employer who has his registered office or place of business outside the competent Member State shall fulfil all the obligations laid down by the legislation applicable to his employees, notably the obligation to pay the contributions provided for by that legislation, as if he had his registered office or place of business in the competent Member State. 2. An employer who does not have a place of business in the Member State whose legislation is applicable and the employee may agree that the latter may fulfil the employer’s obligations on its behalf as regards the payment of contributions without prejudice to the employer’s underlying obligations. The employer shall send notice of such an arrangement to the competent institution of that Member State.

Referencing norms: Article21_1_EmployerObligations, employer_bound_as_if_established_in

en · official · sha256:f448aa0974cd863f68bb8300d5f5880448599f1c5e027de00729e18272478487

Article 5 Legal value of documents and supporting evidence issued in another Member State 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. 2. Where there is doubt about the validity of a document or the accuracy of the facts on which the particulars contained therein 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. The issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it. 3. Pursuant to paragraph 2, where there is doubt about the information provided by the persons concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the particulars contained therein are based, the institution of the place of stay or residence shall, insofar as this is possible, at the request of the competent institution, proceed to the necessary verification of this information or document. 4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it.

Referencing norms: Article5_1_DocumentAccepted, Article5_2_Reconsideration, Document, DocumentMatchesDetermination, document_accepted_by_other_member_states, document_certifies_applicable_legislation, document_matches_determination, document_withdrawn_or_declared_invalid, doubt_about_document_raised, issuing_institution_to_reconsider

en · official · sha256:b02a9b2b2748d785e89d6e9f203715401fd611a3d186e4cf5b4cb359c6583dd1

Article 6 Provisional application of legislation and provisional granting of benefits 1. Unless otherwise provided for in the implementing Regulation, where there is a difference of views between the institutions or authorities of two or more Member States concerning the determination of the applicable legislation, the person concerned shall be made provisionally subject to the legislation of one of those Member States, the order of priority being determined as follows: (a) the legislation of the Member State where the person actually pursues his employment or self-employment, if the employment or self-employment is pursued in only one Member State; (b) the legislation of the Member State of residence where the person concerned performs part of his activity/activities or where the person is not employed or self-employed; (c) the legislation of the Member State the application of which was first requested where the person pursues an activity or activities in two or more Member States. 2. Where there is a difference of views between the institutions or authorities of two or more Member States about which institution should provide the benefits in cash or in kind, the person concerned who could claim benefits if there was no dispute shall be entitled, on a provisional basis, to the benefits provided for by the legislation applied by the institution of his place of residence or, if that person does not reside on the territory of one of the Member States concerned, to the benefits provided for by the legislation applied by the institution to which the request was first submitted. 3. Where no agreement is reached between the institutions or authorities concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arose. The Administrative Commission shall seek to reconcile the points of view within six months of the date on which the matter was brought before it. 4. Where it is established either that the applicable legislation is not that of the Member State of provisional membership, or the institution which granted the benefits on a provisional basis was not the competent institution, the institution identified as being competent shall be deemed retroactively to have been so, as if that difference of views had not existed, at the latest from either the date of provisional membership or of the first provisional granting of the benefits concerned. 5. If necessary, the institution identified as being competent and the institution which provisionally paid the cash benefits or provisionally received contributions shall settle the financial situation of the person concerned as regards contributions and cash benefits paid provisionally, where appropriate, in accordance with Title IV, Chapter III, of the implementing Regulation. Benefits in kind granted provisionally by an institution in accordance with paragraph 2 shall be reimbursed by the competent institution in accordance with Title IV of the implementing Regulation.

Referencing norms: ActivityInResidenceState, Article6_1_DifferenceOfViews, Article6_1_a_OneStateOfEmployment, Article6_1_b_StateOfResidence, Article6_1_c_FirstRequested, Article6_3_AdministrativeCommission, Article6_4_RetroactiveCompetence, activity_in_residence_state, application_first_requested_in, competent_retroactively, difference_of_views_on_applicable_legislation, institutions_disagree_on_applicable_legislation, may_be_brought_before_administrative_commission, provisionally_subject_under_article_6

en · official · sha256:8cba815040c3623cb233bf8fbcbe27cec5271594b03f6913d0814b7bb3a104ed

Article 97 Publication and entry into force This Regulation shall be published in the Official Journal of the European Union . It shall enter into force on 1 May 2010. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 16 September 2009. For the European Parliament The President J. BUZEK For the Council The President C. MALMSTRÖM ( 1 ) OJ L 166, 30.4.2004, p. 1 . ( 2 ) OJ C 324, 30.12.2006, p. 59 . ( 3 ) Opinion of the European Parliament of 9 July 2008 (not yet published in the Official Journal), Council Common Position of 17 December 2008 ( OJ C 38 E, 17.2.2009, p. 26 ) and Position of the European Parliament of 22 April 2009. Council Decision of 27 July 2009. ( 4 ) OJ L 150, 10.6.2008, p. 28 . ( 5 ) OJ L 74, 27.3.1972, p. 1 . ( 6 ) OJ L 124, 20.5.2003, p. 1 . ( 7 ) OJ L 160, 20.6.1985, p. 7 . ( 8 ) OJ L 1, 3.1.1994, p. 1 . ( 9 ) OJ L 114, 30.4.2002, p. 6 . ( 10 ) OJ L 209, 25.7.1998, p. 46 .

en · unofficial · sha256:7499c7d99dd2d7ea97d8be3f6448278d3e96cd500489c4fb92901faef6efc96c

Article 14 Details relating to Articles 12 and 13 of the basic Regulation 1. For the purposes of the application of Article 12(1) 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 to another Member State, provided that, immediately before the start of his employment, the person concerned is already subject to the legislation of the Member State in which his employer is established. 2. For the purposes of the application of Article 12(1) 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. 3. For the purposes of the application of Article 12(2) of the basic Regulation, the words ‘who normally pursues an activity as a self-employed person’ shall refer to a person who habitually carries out substantial activities in the territory of the Member State in which he is established. In particular, that person must have already pursued his activity for some time before the date when he wishes to take advantage of the provisions of that Article and, during any period of temporary activity in another Member State, must continue to fulfil, in the Member State where he is established, the requirements for the pursuit of his activity in order to be able to pursue it on his return. 4. For the purposes of the application of Article 12(2) of the basic Regulation, the criterion for determining whether the activity that a self-employed person goes to pursue in another Member State is ‘similar’ to the self-employed activity normally pursued shall be that of the actual nature of the activity, rather than of the designation of employed or self-employed activity that may be given to this activity by the other Member State. ▼M2 5. For the purposes of the application of Article 13(1) of the basic Regulation, a person who ‘normally pursues an activity as an employed person in two or more Member States’ shall refer to a person who simultaneously, or in alternation, for the same undertaking or employer or for various undertakings or employers, exercises one or more separate activities in two or more Member States. ▼M2 5a. For the purposes of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out. For the purposes of Article 13(1) of the basic Regulation, an employed flight crew or cabin crew member normally pursuing air passenger or freight services in two or more Member States shall be subject to the legislation of the Member State where the home base, as defined in Annex III to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation ( 1 ), is located. 5b. Marginal activities shall be disregarded for the purposes of determining the applicable legislation under Article 13 of the basic Regulation. Article 16 of the implementing Regulation shall apply to all cases under this Article. ▼B 6. For the purposes of the application of Article 13(2) of the basic Regulation, a person who ‘normally pursues an activity as a self-employed person in two or more Member States’ shall refer, in particular, to a person who simultaneously or in alternation pursues one or more separate self-employed activities, irrespective of the nature of those activities, in two or more Member States. 7. For the purpose of distinguishing the activities under paragraphs 5 and 6 from the situations described in Article 12(1) and (2) of the basic Regulation, the duration of the activity in one or more other Member States (whether it is permanent or of an ad hoc or temporary nature) shall be decisive. For these purposes, an overall assessment shall be made of all the relevant facts including, in particular, in the case of an employed person, the place of work as defined in the employment contract. 8. For the purposes of the application of Article 13(1) and (2) of the basic Regulation, a ‘substantial part of employed or self-employed activity’ pursued in a Member State shall mean a quantitatively substantial part of all the activities of the employed or self-employed person pursued there, without this necessarily being the major part of those activities. To determine whether a substantial part of the activities is pursued in a Member State, the following indicative criteria shall be taken into account: (a) in the case of an employed activity, the working time and/or the remuneration; and (b) in the case of a self-employed activity, the turnover, working time, number of services rendered and / or income. In the framework of an overall assessment, a share of less than 25 % in respect of the criteria mentioned above shall be an indicator that a substantial part of the activities is not being pursued in the relevant Member State. 9. For the purposes of the application of Article 13(2)(b) of the basic Regulation, the ‘centre of interest’ of the activities of a self-employed person shall be determined by taking account of all the aspects of that person’s occupational activities, notably the place where the person’s fixed and permanent place of business is located, the habitual nature or the duration of the activities pursued, the number of services rendered, and the intention of the person concerned as revealed by all the circumstances. 10. 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. 11. If a person pursues his activity as an employed person in two or more Member States on behalf of an employer established outside the territory of the Union, and if this person resides in a Member State without pursuing substantial activity there, he shall be subject to the legislation of the Member State of residence.

Referencing norms: Article14_10_ProjectionForTwelveMonths, Article14_11_EmployerOutsideTheUnion, Article14_1_AlreadyEmployed, Article14_1_RecruitedButSubjectElsewhere, Article14_1_RecruitedForPosting, Article14_2_PurelyInternalManagement, Article14_2_SubstantialActivitiesAssessed, Article14_2_SubstantialActivitiesNotFound, Article14_5a_RegisteredOffice, Article14_8_IndicatorBelow25Percent, Article14_8_SubstantialPartFound, Article14_8_SubstantialPartNotFound, CompetentInstitutionOfSendingState, Criterion, INDICATOR_SHARE_PERCENT, already_employed_by_before_posting, essential_decisions_and_central_administration_in, normal_activity_criterion_settled_by_case_law, ordinarily_performs_substantial_activities_in, ordinarily_performs_substantial_activities_in/external, projected_share, purely_internal_management_activities_only_in, recruited_with_a_view_to_posting, share_below_25_percent_indicator, share_for_following_twelve_months, subject_immediately_before_employment_to, substantial_part_by_overall_assessment, substantial_part_by_overall_assessment/external, substantial_part_settled_by_case_law

en · unofficial · sha256:5182246cfd25ac351c78baa56bc8bdef3e297632dd8ba3f30c0f1499ea185ef3

Article 15 Procedures for the application of Article 11(3)(b) and (d), Article 11(4) and Article 12 of the basic Regulation (on the provision of information to the institutions concerned) 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. ►M2 That institution shall issue the attestation referred to in Article 19(2) of the implementing Regulation to the person concerned and shall without delay make information concerning the legislation applicable to that person, pursuant to Article 11(3)(b) or Article 12 of the basic Regulation, available to the institution designated by the competent authority of the Member State in which the activity is pursued. ◄ 2. Paragraph 1 shall apply mutatis mutandis to persons covered by Article 11(3)(d) of the basic Regulation. 3. An employer within the meaning of Article 11(4) of the basic Regulation who has an employee on board a vessel flying the flag of another Member State 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(4) of the basic Regulation, available to the institution designated by the competent authority of the Member State whose flag, the vessel on which the employee is to perform the activity, is flying.

Referencing norms: Article15_1_AttestationAndInformation, Article15_1_EmployerInforms, CompetentInstitutionOfSendingState, employer_to_inform_competent_institution, institution_to_issue_attestation_and_inform_host

en · unofficial · sha256:5ac40d85b52412d7421bcf99fb575851ea9970885420aca54c439a26b1ee2f22

Article 16 Procedure for the application of Article 13 of the basic Regulation 1. A person who pursues activities in two or more Member States shall inform the institution designated by the competent authority of the Member State of residence thereof. 2. The designated institution of the place of residence shall without delay determine the legislation applicable to the person concerned, having regard to Article 13 of the basic Regulation and Article 14 of the implementing Regulation. That initial determination shall be provisional. The institution shall inform the designated institutions of each Member State in which an activity is pursued of its provisional determination. 3. The provisional determination of the applicable legislation, as provided for in paragraph 2, shall become definitive within two months of the institutions designated by the competent authorities of the Member States concerned being informed of it, in accordance with paragraph 2, unless the legislation has already been definitively determined on the basis of paragraph 4, or at least one of the institutions concerned informs the institution designated by the competent authority of the Member State of residence by the end of this two-month period that it cannot yet accept the determination or that it takes a different view on this. 4. Where uncertainty about the determination of the applicable legislation requires contacts between the institutions or authorities of two or more Member States, at the request of one or more of the institutions designated by the competent authorities of the Member States concerned or of the competent authorities themselves, the legislation applicable to the person concerned shall be determined by common agreement, having regard to Article 13 of the basic Regulation and the relevant provisions of Article 14 of the implementing Regulation. Where there is a difference of views between the institutions or competent authorities concerned, those bodies shall seek agreement in accordance with the conditions set out above and Article 6 of the implementing Regulation shall apply. 5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned. 6. If the person concerned fails to provide the information referred to in paragraph 1, this Article shall be applied at the initiative of the institution designated by the competent authority of the Member State of residence as soon as it is appraised of that person’s situation, possibly via another institution concerned.

Referencing norms: AgreementBetweenInstitutionsReached, Article16_1_InformResidenceInstitution, Article16_2_ProvisionalWithinTwoMonths, Article16_2_ResidenceInstitutionDetermines, Article16_3_DefinitiveAfterTwoMonths, Article16_3_ObjectionWithinTwoMonths, Article16_4_DeterminedByCommonAgreement, Article16_4_DifferenceOfViews, Article16_4_SeekAgreement, Article16_5_InformPersonDefinitive, Article16_5_InformPersonProvisional, DesignatedInstitutionOfResidence, agreement_between_institutions_reached, determination_definitive, determination_provisional, difference_of_views_on_applicable_legislation, legislation_agreed_by_institutions, no_objection_within_two_months_confirmed, objection_communicated_on, objection_within_two_months, person_to_be_informed_by_institution_of, procedure_state_assessed_on, provisional_determination_notified, residence_institution_to_determine_provisionally, to_be_determined_by_common_agreement, to_inform_designated_institution_of_residence

en · unofficial · sha256:199438840a9ea0be99f2158f4c63955855ad5d47b5722428e398afdbc3277f83

Article 18 Procedure for the application of Article 16 of the basic Regulation A request by the employer or the person concerned for exceptions to Articles 11 to 15 of the basic Regulation shall be submitted, whenever possible in advance, to the competent authority or the body designated by the authority of the Member State, whose legislation the employee or person concerned requests be applied.

Referencing norms: Article18_RequestForException, exception_request_to_be_submitted_to_authority_of, exception_requested_for_legislation_of

en · unofficial · sha256:b776f1f63340ce34dfece6f284eeca77b20e285e155b7cb1684bb28bf6cf726c

Article 19 Provision of information to persons concerned and employers 1. The competent institution of the Member State whose legislation becomes applicable pursuant to Title II of the basic Regulation shall inform the person concerned and, where appropriate, his employer(s) of the obligations laid down in that legislation. It shall provide them with the necessary assistance to complete the formalities required by that legislation. 2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions.

Referencing norms: Article19_1_InformOfObligations, Article19_2_AttestationOnRequest, Document, attestation_requested, attestation_to_be_provided_by_institution_of, document_certifies_applicable_legislation, institution_to_inform_of_obligations

en · unofficial · sha256:21202e9c199877dbac00410531da91b94d385c296b74275187b78830e9c90af2

Article 20 Cooperation between institutions 1. The relevant institutions shall communicate to the competent institution of the Member State whose legislation is applicable to a person pursuant to Title II of the basic Regulation the necessary information required to establish the date on which that legislation becomes applicable and the contributions which that person and his employer(s) are liable to pay under that legislation. 2. The competent institution of the Member State whose legislation becomes applicable to a person pursuant to Title II of the basic Regulation shall make the information indicating the date on which the application of that legislation takes effect available to the institution designated by the competent authority of the Member State to whose legislation that person was last subject.

en · unofficial · sha256:4a1fbab6dfd00cec22e51b688387c62f4f64b3bcf747fe839f515aeb53c4c20f

Article 21 Obligations of the employer 1. An employer who has his registered office or place of business outside the competent Member State shall fulfil all the obligations laid down by the legislation applicable to his employees, notably the obligation to pay the contributions provided for by that legislation, as if he had his registered office or place of business in the competent Member State. 2. An employer who does not have a place of business in the Member State whose legislation is applicable and the employee may agree that the latter may fulfil the employer’s obligations on its behalf as regards the payment of contributions without prejudice to the employer’s underlying obligations. The employer shall send notice of such an arrangement to the competent institution of that Member State.

Referencing norms: Article21_1_EmployerObligations, employer_bound_as_if_established_in

en · unofficial · sha256:2a16a24ca7725c2c90935e1dee9de2bb826d76e52597114af01c6ed25bf90e2e

Article 5 Legal value of documents and supporting evidence issued in another Member State 1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. 2. Where there is doubt about the validity of a document or the accuracy of the facts on which the particulars contained therein 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. The issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it. 3. Pursuant to paragraph 2, where there is doubt about the information provided by the persons concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the particulars contained therein are based, the institution of the place of stay or residence shall, insofar as this is possible, at the request of the competent institution, proceed to the necessary verification of this information or document. 4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it.

Referencing norms: Article5_1_DocumentAccepted, Article5_2_Reconsideration, Document, DocumentMatchesDetermination, document_accepted_by_other_member_states, document_certifies_applicable_legislation, document_matches_determination, document_withdrawn_or_declared_invalid, doubt_about_document_raised, issuing_institution_to_reconsider

en · unofficial · sha256:90f17206147533ed5fc45d4137dc295f07237cbdba65e153704e55e86b5edd87

Article 6 Provisional application of legislation and provisional granting of benefits 1. Unless otherwise provided for in the implementing Regulation, where there is a difference of views between the institutions or authorities of two or more Member States concerning the determination of the applicable legislation, the person concerned shall be made provisionally subject to the legislation of one of those Member States, the order of priority being determined as follows: (a) the legislation of the Member State where the person actually pursues his employment or self-employment, if the employment or self-employment is pursued in only one Member State; ▼M2 (b) the legislation of the Member State of residence if the person concerned pursues employment or self-employment in two or more Member States and performs part of his/her activity or activities in the Member State of residence, or if the person concerned is neither employed nor self-employed; (c) in all other cases, the legislation of the Member State, the application of which was first requested if the person pursues an activity, or activities, in two or more Member States. ▼B 2. Where there is a difference of views between the institutions or authorities of two or more Member States about which institution should provide the benefits in cash or in kind, the person concerned who could claim benefits if there was no dispute shall be entitled, on a provisional basis, to the benefits provided for by the legislation applied by the institution of his place of residence or, if that person does not reside on the territory of one of the Member States concerned, to the benefits provided for by the legislation applied by the institution to which the request was first submitted. 3. Where no agreement is reached between the institutions or authorities concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arose. The Administrative Commission shall seek to reconcile the points of view within six months of the date on which the matter was brought before it. 4. Where it is established either that the applicable legislation is not that of the Member State of provisional membership, or the institution which granted the benefits on a provisional basis was not the competent institution, the institution identified as being competent shall be deemed retroactively to have been so, as if that difference of views had not existed, at the latest from either the date of provisional membership or of the first provisional granting of the benefits concerned. 5. If necessary, the institution identified as being competent and the institution which provisionally paid the cash benefits or provisionally received contributions shall settle the financial situation of the person concerned as regards contributions and cash benefits paid provisionally, where appropriate, in accordance with Title IV, Chapter III, of the implementing Regulation. Benefits in kind granted provisionally by an institution in accordance with paragraph 2 shall be reimbursed by the competent institution in accordance with Title IV of the implementing Regulation.

Referencing norms: ActivityInResidenceState, Article6_1_DifferenceOfViews, Article6_1_a_OneStateOfEmployment, Article6_1_b_StateOfResidence, Article6_1_c_FirstRequested, Article6_3_AdministrativeCommission, Article6_4_RetroactiveCompetence, activity_in_residence_state, application_first_requested_in, competent_retroactively, difference_of_views_on_applicable_legislation, institutions_disagree_on_applicable_legislation, may_be_brought_before_administrative_commission, provisionally_subject_under_article_6

en · unofficial · sha256:0d3d24de1d1a5042cc9727f6c94336fb9529dd09b4b6855f29cc90e9739c86fe

Article 97 Publication and entry into force This Regulation shall be published in the Official Journal of the European Union . It shall enter into force on 1 May 2010. This Regulation shall be binding in its entirety and directly applicable in all Member States.