Council Regulation (EEC) No 620/82 of 16 March 1982 establishing, in the relations between the Italian institutions and the institutions of the other Member States, special measures for the reimbursement of sickness and maternity insurance benefits in kind
Council Regulation (EEC) No 620/82of 16 March 1982establishing, in the relations between the Italian institutions and the institutions of the other Member States, special measures for the reimbursement of sickness and maternity insurance benefits in kindTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 51 thereof,Having regard to the proposal from the Commission, drawn up after consulting the Administrative Commission on Social Security for Migrant Workers,Whereas Article 36 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the CommunityOJ No L 149, 5. 7. 1971, p. 2., as last amended by Regulation (EEC) No 2793/81OJ No L 275, 29. 9. 1981, p. 1., provides that the benefits in kind provided by the institution of a Member State on behalf of the institution of another shall be fully refunded, either on production of proof of actual expenditure or on the basis of lump-sum payments;Whereas Articles 93, 94, 95 and 100 of Regulation (EEC) No 574/72OJ No L 74, 27. 3. 1972, p. 1., as last amended by Regulation (EEC) No 2793/81, fixing the detailed rules for the application of Regulation (EEC) No 1408/71, lay down the method for determining the amounts to be refunded and for making such refunds;Whereas the establishment of a national health service in Italy has entailed the abolition of all the sickness and maternity insurance management bodies and in particular that of the "Istituto nazionale per 1'assicurazione contro le malattie" (National Sickness Insurance Institution), hereinafter referred to as the INAM, which was the liaison body and the competent institution within the meaning of Regulations (EEC) No 1408/71 and (EEC) No 574/72;Whereas this abolition has given rise to major difficulties in carrying out the operations for checking claims submitted by the institutions of the other Member States, on the one hand, and the operations for drawing up the INAM claims vis-à-vis the said institutions, on the other hand, for the purposes of the refunds provided for in Article 36 of Regulation (EEC) No 1408/71;Whereas it appears advisable to resolve this particular situation by a single Community method applying simultaneously to all the claims by and on the INAM so as to expedite the overall and final settlement of these claims;Whereas this method should deviate as little as possible from the abovementioned provisions of Regulation (EEC) No 574/72 and recourse should be had to other criteria for the assessment of claims and debts or to special rules only where absolutely necessary,HAS ADOPTED THIS REGULATION: