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Parliamentary questions
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4 April 2018
Answer given by Ms Thyssen on behalf of the Commission
Question reference: P-000790/2018

The Commission is strongly committed to providing the necessary tools to national authorities to fight fraud, including in the area of social security coordination.

The proposal to amend Regulations (EC) Nos 883/2004 and 987/2009(1) reflects this commitment. It contains a definition of ‘fraud’ and sets out a procedure with concrete deadlines on exchanging information for cases where there is a doubt on the validity of the documents or the circumstances in which these were issued.

Upon request, the issuing institution shall be required to review the grounds for issuing a document and where necessary rectify or withdraw the document within 25 working days. In the case of fraud committed by the applicant, the withdrawal of a document shall have retroactive effect.

Moreover, the issuing institution shall forward to the requesting institution all the available supporting evidence on which it has based its decision within 25 working days or two working days in cases of demonstrable urgency.

It is also proposed that a declaratory document issued by an institution shall only be valid where all mandatory information has been completed.

The proposal is currently negotiated in the Council and the European Parliament.

Case C-359/16, Altun, concerns the situation where the institution of a Member State to which workers were posted notifies the Member State issuing the E101/A1 document of concrete elements supporting the fraudulent issuance of these documents. The Court clarified under which circumstances such documents could be disregarded even if not withdrawn by the issuing Member State.

(1)Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004, COM(2016) 0815 final — 2016/0397 (COD).

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