Requests for Information
6.
Taking into account the requirement to act in accordance with Community provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data, competent authorities and institutions shall cooperate with requests from other Member States for information aimed at tackling fraud and ensuring the correct implementation of the Regulations. They shall undertake a careful assessment of the legal position before any such request is refused on data protection grounds.
7.
Where a request for information aimed at tackling fraud and error concerns data related to the implementation of the coordination Regulations, but is not being handled directly by an institution or competent authority, the institution or competent authority shall assist the requesting institution or authority in identifying a third party as the appropriate source of information and lend its good offices in any negotiations with that third party.
Review Clause
8.
This Decision shall be reviewed at the latest by the end of the second year following its entry into force.
9.
This Decision shall be published in the
Official Journal of the European Union
. It shall apply from the first day of the second month after its publication.
The Chair of the Administrative Commission
José Maria MARCO GARCÍA
(1)
OJ L 166, 30.4.2004, p. 1
.
(2)
OJ L 284, 30.10.2009, p. 1
.
ANNEX 1
Matters to be covered, inter alia, in annual reports from the Member States on fraud and error
1.
Steps taken throughout the year to combat fraud and error in cases determined under the Regulations;
2.
Specific problems in implementing the coordination rules which may lead at least to risks of fraud and error;
3.
Agreements and bilateral cooperation arrangements with other EU Member States entered into for the purposes of combating fraud and error;
4.
In the field of benefits in kind, steps taken to promote compliance by institutions and healthcare providers with the coordination rules and to provide information to citizens.
ANNEX 2
Best practices as regards combating the non-reporting of death in cross-border cases
(1)
Setting up a system for direct notification of death by the host state
Data-matching
Requesting an administrative check from the host state
Access to reports of death between health institutions
Life certification
Providing direct physical presence in the host state
(1) A fuller account of these best practices can be found in Section 9.2 of the Report of the Administrative Commission Ad Hoc Follow-up Group on Combating Fraud and Error of 16 November 2009, published as CASSTM Note 560/09.
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