title: 2014/613/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Police Office for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/291

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Police Office for the financial year 2012
   (2014/613/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police Office for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Police Office for the financial year 2012, together with the Office’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (4), and in particular Article 43 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Civil Liberties, Justice and Home Affairs (A7-0179/2014),

               1.

               Grants the Director of the European Police Office discharge in respect of the implementation of the Office’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Police Office, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 236.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 121, 15.5.2009, p. 37.

      (5)  OJ L 357, 31.12.2002, p. 72.

      (6)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

|

31983Y0117

Decision No 117 of 7 July 1982 concerning the conditions for implementing Article 50 (1) (a) of Council Regulation (EEC) No 574/72 of 21 March 1972

Official Journal C 238 , 07/09/1983 P. 0003 - 0011 Spanish special edition: Chapter 05 Volume 4 P. 0003  Portuguese special edition Chapter 05 Volume 4 P. 0003

DECISION No 117 of 7 July 1982 concerning the conditions for implementing Article 50 (1) (a) of Council Regulation (EEC) No 574/72 of 21 March 1972  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative questions arising from Regulation (EEC) No 1408/71 and subsequent Regulations,  Having regard to Article 81 (d) of Regulation (EEC) No 1408/71, under the terms of which it is required to foster and develop cooperation between Member States with a view to expediting the award of benefits due under the provisions of that Regulation,  Having regard to Article 50 (2) of Council Regulation (EEC) No 574/72 of 21 March 1972, under which it shall fix the methods for implementing Article 50 (1) of the Regulation,  Having regard to Article 2 (1) of Regulation (EEC) No 574/72, under which it shall draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations,  Whereas it is appropriate to specify the conditions for the implementation of Article 50 (1) (a) of Regulation (EEC) No 574/72 and to lay down model forms for the implementation of the Article;  Whereas in some Member States the institutions concerned, for technical reasons, are not yet in a position to implement all of the provisions of Article 50 (1) (a) of Regulation (EEC) No 574/72;  Whereas, in order to complete and update Decision No 103 of 29 May 1975, it is appropriate that certain amendments to that Decision be made,  HAS DECIDED AS FOLLOWS:       1. In each Member State there shall be collected information relating to the identity of the migrant worker, the name of the registering institution in another Member State, the insurance number issued by that institution and any other information which may simplify and expedite the award of the pension.       2. When registering a worker in a Member State of which he is not a national, the registering institution shall forward the information required under paragraph 1 (on form E 501) to the body designated by the competent authority of that State.  That body shall then forward this information, also using form E 501, to the body designated by the competent authority of the Member State of which the worker concerned is a national.      2.1. In the event of amendments to the identification data of a worker, form E 551 should be used.           2.2. For the purpose of this Decision the designated body shall be: >PIC FILE= "T0035638">               >PIC FILE= "T0035639">        3. The designated body, in the Member State of which the worker is a national, on receipt of form E 501 shall forward form E 502 to the institution which sent form E 501, indicating in particular the registration number assigned to the insured person in that Member State.      3.1. Each designated body shall collect together forms E 501, E 502 and E 551 and send them in one batch to the other designated bodies, at intervals of not more than one year.                  4. Information on stateless persons and refugees shall be sent to the designated body of the Member State to whose legislation they were first subject.       5. Having consulted the Administrative Commission the competent authority of a Member State may decide that the information required under paragraph 1 above should be forwarded by the registering institution directly to the designated body of the Member State of which the worker concerned is a national.       6. Any other method of communicating the same information may be substituted for forms E 501, E 502 and E 551 (models of which are annexed) with the agreement of the institutions concerned.       7. The institutions of Denmark and the Netherlands will not forward form E 501 to other Member States. Form E 501 should be sent to the designated bodies in Denmark and the Netherlands, however, though they are not required to remit form E 502.       8. This Decision, which replaces Decision No 103 of 29 May 1975, shall be published in the Official Journal of the European Communities. It shall apply with effect from 1 January 1983.          The Chairman of the Administrative Commission  A. TRIER    >PIC FILE= "T0035640">    >PIC FILE= "T0035641">       >PIC FILE= "T0035642">    >PIC FILE= "T0035643">    >PIC FILE= "T9001424">     >PIC FILE= "T0035644">    >PIC FILE= "T0035645">


title: 2013/459/EU: Council Decision of 16 September 2013 appointing a Swedish member of the European Economic and Social Committee

text:
               19.9.2013

               EN

               Official Journal of the European Union

               L 249/5

         COUNCIL DECISION
   of 16 September 2013
   appointing a Swedish member of the European Economic and Social Committee
   (2013/459/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Swedish Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Annika BRÖMS,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Jonas BERGGREN, Head of the Brussels office of the Confederation of Swedish Enterprise, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 16 September 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 251, 25.9.2010, p. 8.


title: Council Decision of 4 June 1973 concluding an agreement between the European Economic Community and the Republic of Chad on the supply of food aid in the form of common wheat

text:
No L 310/24                      Official Journal of the European Communities                          10 . 11 . 73
                                                        II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                              COUNCIL DECISION
                                                  of 4 June 1973
             concluding an agreement between the European Economic Community and the
              Republic of Chad on the supply of food aid in the form of common wheat
                                                   (73/335/ EEC)
THE COUNCIL OF THE EUROPEAN                                  HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                       Article 1
Having regard to the Treaty establishing the European        On behalf of the Community an Agreement is hereby
Economic Community, and in particular Articles 113 ,         concluded between the European Economic Commu
1 14 and 228 thereof ;                                       nity and the Republic of Chad on the supply of food
Having regard to the Recommendation from the                 aid in the form of common wheat, the text of which
Commission ;                                                 agreement is annexed hereto.
Whereas the European Economic Community has                                        Article 2
deposited a declaration of provisional application of        The President of the Council is hereby authorized to
the Food Aid Convention of 1971 ; and whereas that
                                                             designate the persons empowered to sign the Agree
Convention has been applicable since 1 July 1971 ;
                                                             ment, and to confer on them the powers necessary to
Whereas by letter of 20 November 1972 the Republic           bind the Community.
of Chad submitted a request for emergency food aid ;
Whereas the adverse climatic conditions experienced          Done at Luxembourg, 4 June 1973 .
by the Republic of Chad have appreciably reduced its
                                                                                For the Council
grain supplies ; and whereas that country should there
fore be granted a gift of 7 000 metric tons of common                                    The President
wheat under the Community Food Aid Programme
for the year 1971 /72,                                                                R. VAN ELSLANDE


Avis juridique important

|

31983Y1112(02)

Decision No 118 of 20 April 1983 concerning the conditions for implementing Article 50 (1) (b) of Council Regulation (EEC) No 574/72 of 21 March 1972

Official Journal C 306 , 12/11/1983 P. 0002 - 0014 Spanish special edition: Chapter 05 Volume 4 P. 0038  Portuguese special edition Chapter 05 Volume 4 P. 0038

DECISION No 118 of 20 April 1983 concerning the conditions for implementing Article 50 (1) (b) of Council Regulation (EEC) No 574/72 of 21 March 1972  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative questions arising from Regulation (EEC) No 1408/71 and subsequent Regulations,  Having regard to Article 81 (d) of Regulation (EEC) No 1408/71, under the terms of which it is required to foster and develop cooperation between Member States with a view to expediting the award of benefits due under the provisions of that Regulation,  Having regard to Article 50 (2) of Council Regulation (EEC) No 574/72 of 21 March 1972, under which it shall fix the methods for implementing Article 50 (1) of the said Regulation,  Having regard to Article 2 (1) of Regulation (EEC) No 574/72, under which it shall draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations,  Whereas it is appropriate to specify the conditions for the implementation of Article 50 (1) (b) of Regulation (EEC) No 574/72 and to lay down model forms for the implementation of the said Article;  Whereas, in order to complete and update Decision No 104 of 29 May 1975, it is appropriate that certain amendments to that Decision be made,  HAS DECIDED AS FOLLOWS:    The institutions referred to in Article 50 (1) (b) of Regulation (EEC) No 574/72 shall draw up the insurance history of workers who have been subject to the legislation of two or more Member States in accordance with the provisions set out below:    1. The institutions concerned shall draw up the insurance history of a worker starting not later than one year before the date on which he will reach pensionable age:      (a) either at the request of a worker to one of these institutions;           (b) or at the initiative of all the institutions concerned.                  2. The institution drawing up the insurance history of a worker shall complete an E 503 form and forward it to the body designated by the competent authority of the Member State in question.      2.1. Where the worker is a national of that State:  the designated body shall forward an E 503 printed form to each designated body of the known country of employment. In reply to an E 503 form, the designated bodies of the countries of employment shall forward an E 505 form giving the insurance history of the worker to the designated body of the country of nationality.           2.2. Where the worker is not a national of that State:  the designated body of the country of employment drawing up the insurance history of the worker shall in the first place forward an E 503 form to the designated body of the country of nationality. This last-mentioned body shall then forward:   - an E 504 form containing all known records of employment in application of Decision No 117,   - an E 505 form outlining the insurance history of the worker in the State of nationality.  The designated body of the country of employment responsible for drawing up the insurance history shall, on receipt of an E 504 form, then forward an E 503 form to each designated body of the countries of employment mentioned on the form These countries shall then forward an E 505 form containing information concerning the insurance history of the worker in each State.           2.3. The institutions concerned should draw up the insurance histories and send the E 505 forms to the designated body of their Member State.           2.4. For the purpose of this Decision the designated body shall be: >PIC FILE= "T0035693">                   3. Any other method of communicating the same information may be substituted for forms E 503, E 504 and E 505 (models of which are annexed) with the agreement of the institutions concerned.       4. The institution holding the information received in pursuance of Article 2 of this Decision may forward such information to any of the other institutions concerned.        5. Where the legislation of a Member State lays down conditions in respect of the age at which a survivor is entitled to a pension, the institutions in question shall in the same way draw up the insurance history of a deceased worker starting not later than one year before the date on which he will be entitled to that pension.       6. Acceptance by Denmark of batches of E 503 forms received in connection with the systematic compilation of insurance histories is subject to a protocol concluded in advance between the designated bodies concerned.       7. This Decision, which replaces Decision No 104 of 29 May 1975, shall be published in the Official Journal of the European Communities. It shall apply with effect from 1 January 1984.           The Chairman  of the Administrative Commission  H. KAUPPER  >PIC FILE= "T0035694">    >PIC FILE= "T0035695">     >PIC FILE= "T9001431">    >PIC FILE= "T0035696">    >PIC FILE= "T0035697">     >PIC FILE= "T9001433">    >PIC FILE= "T0035698">    >PIC FILE= "T0035699">    >PIC FILE= "T0035700">     >PIC FILE= "T9001435">


title: Decision No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               24.4.2010

               EN

               Official Journal of the European Union

               C 106/5

         DECISION No A2
   of 12 June 2009
   concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/02
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and 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 (2),
   Having regard to Article 12 of Regulation (EC) No 883/2004,
   Having regard to Articles 5, 6 and 14 to 21 of Regulation (EC) No 987/2009,
   Whereas:

               (1)

               The provisions of Article 12 of Regulation (EC) No 883/2004, which provide for an exception to the general rule laid down in Article 11(3)(a) of the said Regulation, aim in particular to facilitate the freedom to provide services for the benefit of employers which post workers to Member States other than that in which they are established, as well as the freedom of workers to move to other Member States. These provisions also aim at overcoming the obstacles likely to impede freedom of movement of workers and at encouraging economic interpenetration whilst avoiding administrative complications, especially for workers and undertakings.

               (2)

               The purpose of these provisions is thus to avoid, for workers, employers and social security institutions, the administrative complications which would result from the application of the general rule laid down in Article 11(3)(a) of the said Regulation where the period of employment is of short duration in a Member State other than the State in which the undertaking has its registered office or a place of business or the State in which the self-employed person normally pursues his activity.

               (3)

               To this end, the first decisive condition for the application of Article 12(1) of the said Regulation is the existence of a direct relationship between the employer and the worker it engages.

               (4)

               The protection of the worker and the legal security to which he and the institution with which he is insured are entitled require full guarantees that the direct relationship be maintained throughout the period of posting.

               (5)

               The second decisive condition for application of Article 12(1) of the said Regulation is the existence of ties between the employer and the Member State in which it is established. The possibility of posting should therefore be confined solely to undertakings normally carrying on their business in the territory of the Member State whose legislation remains applicable to the posted worker; assuming therefore that the above provisions apply only to undertakings which ordinarily perform substantial activities in the territory of the Member State in which they are established.

               (6)

               Indicative periods for employed persons and self-employed persons should be specified without prejudice to a case-by-case evaluation.

               (7)

               There can no longer be any guarantee of maintaining the direct relationship if the posted worker is made available to a third undertaking.

               (8)

               It is necessary to be able to carry out, throughout the period of posting, all the checks, in particular with regard to the payment of contributions and the maintenance of the direct relationship, required to prevent wrongful use of the abovementioned provisions, and to ensure that administrative bodies, employers and workers are suitably informed.

               (9)

               The worker and the employer must be duly informed of the conditions under which the posted worker is allowed to remain subject to the legislation of the country from which he has been posted.

               (10)

               The situation of undertakings and workers should be assessed and monitored by the competent institutions with the appropriate guarantees so as not to impede the freedom to provide services and the freedom of movement of workers.

               (11)

               The principle of sincere cooperation, laid down in Article 10 of the Treaty, places a number of obligations on the competent institutions for the purpose of implementing Article 12 of Regulation (EC) No 883/2004.
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

         HAS DECIDED AS FOLLOWS:

               1.

               The provisions of Article 12(1) of Regulation (EC) No 883/2004 shall apply to a worker subject to the legislation of a Member State (sending State) by virtue of the pursuit of an activity in the employ of an employer and who is sent by that employer to another Member State (State of employment) in order to perform work there for that employer.
               The work shall be regarded as being performed for the employer of the sending State if it has been established that this work is being performed for that employer and that there continues to exist a direct relationship between the worker and the employer that posted him.
               In order to establish whether such a direct relationship continues to exist, assuming therefore that the worker continues to be under the authority of the employer which posted him, a number of elements have to be taken into account, including responsibility for recruitment, employment contract, remuneration (without prejudice to possible agreements between the employer in the sending State and the undertaking in the State of employment on the payment to the workers), dismissal, and the authority to determine the nature of the work.
               For the application of Article 14(1) of Regulation (EC) No 987/2009, as an indication, having been subject to the legislation of the Member State in which the employer is established for at least one month can be considered as meeting the requirement referred to by the words ‘immediately before the start of his employment’. Shorter periods would require a case-by-case evaluation taking account of all the other factors involved.
               In order, where necessary and in cases of doubt, to determine whether an employer ordinarily performs substantial activities in the territory of the Member State in which he/she is established, the competent institution in the latter is required to examine all the criteria characterising the activities carried on by that employer, including the place where the undertaking has its registered office and administration, the number of administrative staff working in the Member State in which it is established and in the other Member State, the place where posted workers are recruited and the place where the majority of contracts with clients are concluded, the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other hand, the turnover during an appropriately typical period in each Member State concerned and the number of contracts performed in the sending State. This is not an exhaustive list, as the criteria should be adapted to each specific case and take account of the nature of the activities carried out by the undertaking in the State in which it is established.

               2.

               For the application of Article 14(3) of Regulation (EC) No 987/2009, the fulfilment of the requirements in the Member State where the person is established is assessed on criteria such as having use of office space, paying taxes, having a professional card and a VAT number or being registered with chambers of commerce or professional bodies. As an indication, pursuing one’s activity for at least two months can be considered as meeting the requirement referred to by the words ‘for some time before the date when he wishes to take advantage of the provisions of that Article’. Shorter periods would require a case-by-case evaluation taking account of all the other factors involved.

               3.

                           (a)

                           Pursuant to the provisions of paragraph 1 of this Decision, Article 12(1) of Regulation (EC) No 883/2004 shall continue to apply for posting of staff if the worker, posted by an undertaking in the sending State to an undertaking in the State of employment, is also posted to one or more other undertakings in the same State of employment, in so far as, however, as the worker continues to carry out his work for the undertaking which posted him. This may be the case, in particular, if the undertaking posted the worker to a Member State in order to perform work there successively or simultaneously in two or more undertakings situated in the same Member State. The essential and decisive element is that the work continues to be carried out on behalf of the posting undertaking.
                           Posting to different Member States which immediately follow each other shall in each case give rise to a new posting within the meaning of Article 12(1) of Regulation (EC) No 883/2004.

                           (b)

                           Brief interruption of the worker’s activities with the undertaking in the State of employment, whatever the reason (holidays, illness, training at the posting undertaking …), shall not constitute an interruption of the posting period within the meaning of Article 12(1) of Regulation (EC) No 883/2004.

                           (c)

                           Once a worker has ended a period of posting, no fresh period of posting for the same worker, the same undertakings and the same Member State can be authorised until at least two months have elapsed from the date of expiry of the previous posting period. Derogation from this principle is, however, permissible in specific circumstances.

               4.

               The provisions of Article 12(1) of Regulation (EC) No 883/2004 shall not apply or shall cease to apply in particular:

                           (a)

                           if the undertaking to which the worker has been posted places him at the disposal of another undertaking in the Member State in which it is situated;

                           (b)

                           if the worker posted to a Member State is placed at the disposal of an undertaking situated in another Member State;

                           (c)

                           if the worker is recruited in a Member State in order to be sent by an undertaking situated in a second Member State to an undertaking in a third Member State.

               5.

                           (a)

                           The competent institution of the Member State to whose legislation the person concerned remains subject pursuant to Article 12(1) of Regulation (EC) No 883/2004, in the cases provided for by this Decision, shall duly inform the employer and the worker concerned of the conditions under which the posted worker may continue to be subject to its legislation. The employer shall thus be informed of the possibility of checks throughout the period of posting so as to ascertain that this period has not come to an end. Such checks may relate, in particular, to the payment of contributions and to the maintenance of the direct relationship.
                           The competent institution of the Member State in which the person concerned is established, to whose legislation the self-employed person remains subject pursuant to Article 12(2) of Regulation (EC) No 883/2004, shall duly inform him of the conditions under which he may continue to be subject to its legislation. The person concerned shall thus be informed of the possibility of checks throughout the period during which he pursues a temporary activity in the State in which he is active, so as to ascertain that the conditions applying to that activity have not changed. Such checks may relate, in particular, to the payment of contributions and the maintenance of the infrastructure needed to pursue his activity in the State in which he is established.

                           (b)

                           Moreover, the posted worker and his employer shall inform the competent institution of the sending State of any change occurring during the period of posting, in particular:

                                       —

                                       if the posting applied for has in the end not taken place,

                                       —

                                       if the activity is interrupted in a case other than that provided for in paragraph 3(b) of this Decision,

                                       —

                                       if the posted worker has been assigned by his employer to another undertaking in the sending State, in particular in the event of merger or transfer of an undertaking.

                           (c)

                           The competent institution of the sending State shall, where appropriate and upon request, provide the institution of the State of employment with the information referred to in subparagraph (b).

                           (d)

                           The competent institutions of the sending State and of the State of employment shall cooperate in carrying out the abovementioned checks and where there is any doubt concerning the applicability of Article 12 of Regulation (EC) No 883/2004.

               6.

               The competent institutions shall assess and monitor the situations covered by Article 12 of Regulation (EC) No 883/2004 and provide employers and workers with all appropriate guarantees so as not to impede the freedom to provide services and the freedom of movement of workers. In particular, the criteria used for assessing whether an employer normally carries out its activities in the territory of a State, whether a direct relationship exists between the undertaking and the worker, or whether a self-employed worker maintains the infrastructure needed to pursue his activity in a State, must be applied consistently and evenly in the same or similar situations.

               7.

               The Administrative Commission shall encourage cooperation between the competent authorities in the Member States for the purpose of implementing Article 12 of Regulation (EC) No 883/2004 and shall facilitate follow-up work and the exchange of information, experience and good practice when fixing and grading the criteria for assessing the situations of undertakings and workers, and in connection with the control measures put in place. To this end, it shall draw up in stages, for the benefit of administrative authorities, undertakings and workers, a guide of good practice concerning the posting of workers and the pursuit by self-employed workers of a secondary activity outside the State in which they are established.

               8.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Gabriela PIKOROVÁ

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.