Cooperation
1. The Member States and Albania shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
2. For the purposes of this Decision, the authorities and institutions of the Member States and of Albania shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by those authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Albania may agree to certain expenses being reimbursed.
3. The authorities and institutions of the Member States and of Albania may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
4. The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
5. The persons covered by this Decision shall inform the institutions of the competent Member State or of Albania, where the latter is the competent State, and of the Member State of residence or of Albania, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
6. Failure to respect the obligation of information set out in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, those measures shall be equivalent to those applicable to similar situations under national law and they shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
7. The Member States and Albania may provide for national provisions that establish conditions for the verification of entitlement to benefits in order to take into account the fact that the beneficiaries stay or reside outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and shall be in accordance with the principles set out in this Decision. Such provisions shall be notified to the Stabilisation and Association Council.
Administrative checks and medical examinations
1. This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits within the meaning of Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
2. Where a recipient or a claimant of benefits, or a member of that person’s family, stays or resides within the territory of a Member State when the debtor institution is located in Albania, or stays or resides within the territory of Albania when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of the debtor institution, by the institution of the beneficiary’s place of stay or residence, in accordance with the procedures laid down by the legislation applied by that institution.
The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefits stays or resides or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only where he or she is able to make the journey without prejudice to his or her health and where the cost of travel and accommodation is paid for by the debtor institution.
3. Where a recipient or a claimant of benefits, or a member of that person’s family, stays or resides in the territory of a Member State when the debtor institution is located in Albania, or stays or resides in Albania when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only where he or she is able to make the journey without prejudice to his or her health and where the cost of travel and accommodation is paid for by the debtor institution.
4. One or more Member States and Albania may agree on other administrative provisions, subject to their informing the Stabilisation and Association Council thereof.
5. As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
Application of Article 126 of the Agreement
Article 126 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations laid down in Articles 5 and 6.
Special provisions for the application of the legislation of Albania
The Stabilisation and Association Council may, if necessary, lay down special provisions for the application of the legislation of Albania in Annex II to this Decision.
Administrative procedures contained in existing bilateral agreements
Administrative procedures contained in existing bilateral agreements between a Member State and Albania may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned, as set out in this Decision.
Agreements supplementing the administrative procedures for implementing this Decision
One or more Member States and Albania may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
