EUROPEAN COMMISSION EMPL/1001/12 - EN
A.C. 268/12Service of documents in connection with the implementation of Regulations (EC) No 883/2004 and (EC) No 987/2009
AUSTRIA – 21.05.2012
Orig.: DE
ADMINISTRATIVE COMMISSION
ON SOCIAL SECURITY FOR MIGRANT WORKERS
Service of documents in connection with the implementation of Regulations (EC) No 883/2004 and (EC) No 987/2009
Note from Austria of 21 May 2012
- Current situation
Regulations (EC) No 883/2004 and (EC) No 987/2009 contain numerous provisions that demand that certain time-limits be observed or that certain legal procedures be followed in the event of the non-observance of these limits within the scope of the Regulations. Citizens have a particular interest in the proper service of documents pursuant to Article 81 of the Basic Regulation.
The service procedures are, however, based on individual national legislation, as exact provisions on the service of documents and SEDs in the framework of EESSI are not included in the Regulations. From an Austrian standpoint, this gives rise to a very complex situation in which there are 31 national rules for the service of documents. This makes it difficult for the authorities, liaison bodies and institutions to work together, as the Member States and their institutions cannot be expected to know the details of the existing national service rules, not to mention later amendments.
Examples of this include:
- Austria’s experience with liaison bodies in other Member States and the reimbursement procedures pursuant to Articles 66 ff of Regulation (EC) No 987/2009 has been that claims for reimbursement have been refused and sent back.
- In order to calculate interest on late payments in accordance with Articles 68 ff, it is necessary to know when the related claims were received by the liaison body of the institution responsible for providing the benefit. There is currently no provision for confirming when claims are received.
- Furthermore, Austrian institutions receive changes of address for foreign authorities, liaison bodies and institutions that do not tally with the details in the Master Directory. Which address is the legally relevant one for the service of documents?
- The rules on the service of documents are of particular importance in connection with EESSI. The time-limit by which an SED must reach the competent institution or liaison body has not been established. There are no rules whatsoever on the time-limit imposed on the Central Node for ensuring that SEDs are transferred, nor are there any rules for the access points. It is thus impossible to guarantee that an SED, sent off within the time-limit, will also arrive within the time-limit; nor are the necessary lead times standardised (which would, however, ultimately shorten the actual time-limit).
Under these circumstances and in the absence of any rules at EU level, the EESSI system is obliged to take account of the individual national rules on the service of documents.
- Proposal for a further procedure
Article 1(4) of Regulation (EC) No 987/2009 provides that: ‘The Administrative Commission shall lay down the structure, content, format and detailed arrangements for exchange of documents and structured electronic documents’.
On this basis, the Austrian Delegation proposes that a decision be drawn up covering not only the procedures for the service of paper documents, but also electronic documents in the framework of EESSI. More exact requirements would save time and increase legal certainty for citizens. Savings could also be made on administrative costs.
We furthermore propose an analysis of Regulation (EC) No1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) and Regulation (EEC, Euratom) No 1182/71 determining the rules applicable to periods, dates and time limits.
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