The Social Security Coordination (Council Regulation (EEC) No 574/72) (Amendment) (EU Exit) Regulations 2019

Regulation 2(d)

SCHEDULE 4 Amendments to Title 4: Implementation of the special provisions of the Regulation relating to the various categories of benefits

PART 1 Amendments to Chapter 1: General rules for the aggregation of periods

1.  In Article 15(1)—

(a) in paragraph 1(a)—

(i) for “Member State” in each place it occurs substitute “State”;

(ii) for “two” substitute “the United Kingdom and one”;

(iii) for “each of the institutions concerned” substitute “the institution in the United Kingdom”;

(iv) for “Member States” in the second place it occurs substitute “States”;

(v) omit the final sentence;

(b) in paragraph 1(b) and (c) for “Member State” in each place it occurs substitute “State”;

(c) in paragraph 1(d)—

(i) for “Member States” substitute “States”;

(ii) for “Member State” in each place it occurs substitute “State”;

(d) in paragraph 1(e) for “Member State” in both places it occurs substitute “State”;

(e) in paragraph 1(f)—

(i) for “one Member State” substitute “the United Kingdom”;

(ii) for “which administers such legislation” substitute “of the United Kingdom”;

(iii) for “another Member State” in both places it occurs substitute “a Member State”;

(iv) for “second Member State” substitute “Member State”;

(f) in paragraphs 2 and 3 for “Member State” in each place it occurs substitute “State”.

PART 2 Amendments to Chapter 2: Sickness and maternity

2.  In Article 16—

(a) in paragraph 1 after “shall” insert “take reasonable steps”;

(b) in paragraph 2—

(i) for the first sentence substitute “Where the employed person was last subject to the legislation of the United Kingdom, the institution in the United Kingdom shall issue this certified statement at the request of the person.”;

(ii) for “shall” in the second sentence substitute “may”;

(c) in paragraph 3—

(i) for “other Member State” substitute “Member State”;

(ii) for “competent State” substitute “United Kingdom”.

3.  In Article 18—

(a) in the heading for “other than” substitute “where the United Kingdom is”;

(b) in paragraph 1 after “institution of the place of residence” in the first place it occurs insert “or, where that institution will not accept such an application, the competent institution in the United Kingdom,”;

(c) in paragraph 2—

(i) for “shall immediately” substitute “may”;

(ii) for “. Such certificate shall state” substitute “, stating”;

(iii) for “and shall be forwarded” to the end of the paragraph substitute “. If the certificate is drawn up, the person concerned shall send it to the competent institution in the United Kingdom.”;

(d) in paragraph 3—

(i) for “shall, as soon as possible” to “have him” substitute “may have the person concerned”;

(ii) for “shall” substitute “may”;

(iii) omit “within the three days following the date of the examination”;

(e) in paragraph 4—

(i) for “shall” in the first place it occurs substitute “may”;

(ii) for “shall forthwith” substitute “may”;

(f) after paragraph 4 insert—

“4A.   Where paragraphs 1 and 2 do not apply, the person concerned shall arrange to be examined by a doctor and forward to the competent institution as soon as reasonably practicable a report from that doctor stating the probable duration of the incapacity for   work.”;

(g) in paragraph 8 for “competent State” substitute “United Kingdom”;

(h) omit paragraph 9.

4.  In Article 24 in the heading for “other than” substitute “where the United Kingdom is”.

5.  In Article 25—

(a) after “competent institution” in each place it occurs insert “in the United Kingdom”;

(b) omit “other than that wherein the said institution is situated”;

(c) for “shall” in the first place it occurs in paragraph 2 substitute “may”;

(d) omit “other than that wherein the said institutions is situated”.

6.  In Article 26(2)—

(a) in paragraph 1a—

(i) after “competent insurance institution” insert “in the United Kingdom”;

(ii) for “shall” in the third place it occurs substitute “may”;

(b) in paragraph 2—

(i) for “shall” in the first two places it occurs substitute “may”;

(ii) omit the final sentence;

(c) in paragraph 5 for “shall” substitute “may”;

(d) in paragraph 6 for “shall” in each place it occurs substitute “may”.

7.  In Article 32—

(a) in the heading for “a Member State other than” substitute “the United Kingdom where it is not”;

(b) for “country of stay or residence” substitute “United Kingdom”;

(c) for “territory of the Member State in which they are staying or residing” in both places it occurs substitute “United Kingdom”.

8.  In Article 33—

(a) for “another Member State” (including in the heading) substitute “a Member State”;

(b) for “a Member State called upon to provide benefits” substitute “the United Kingdom”.

PART 3 Amendments to Chapter 3: Invalidity, old-age and death (pensions)

9.  In Article 35—

(a) in paragraph 1 for “either to the institution” to the end of the paragraph substitute “to the institution in the United Kingdom”;

(b) in paragraph 2—

(i) for “the institution” in the first place it occurs substitute “where the United Kingdom is the institution initially responsible for payment of the benefits, it may request from the institution”;

(ii) omit “shall notify”;

(iii) for “it administers to the institution initially responsible for payment of the benefits” substitute “the latter administers”;

(c) omit paragraph 3.

10.  In Article 36—

(a) in paragraph 1—

(i) for “place of residence” in the first place it occurs substitute “United Kingdom, where it is the place of residence,”;

(ii) for “administered by that institution” substitute “of the United Kingdom”;

(iii) for “place of residence” in the second place it occurs substitute “United Kingdom”;

(iv) for the final sentence substitute “Where the United Kingdom is the State to whose legislation an employed or self-employed person was last subject and a claim is forwarded by the institution of the place of residence, the date on which the claim was submitted to that institution shall be regarded as the date on which the claim was submitted to the institution in the United Kingdom.”;

(b) in paragraph 2 for “Member State to whose legislation the employed or self-employed person was last subject” substitute “United Kingdom if he was last subject to the legislation of the United Kingdom”;

(c) in paragraph 3—

(i) for “a State” substitute “a state”;

(ii) after “Member State” in the first place it occurs insert “or the United Kingdom”;

(iii) for “that Member State” substitute “the United Kingdom if it is the”;

(iv) for “Member State” in the final place it occurs substitute “United Kingdom as the State”;

(d) in paragraph 4—

(i) for “one Member State” substitute “the United Kingdom”;

(ii) omit “concurrent”;

(iii) for “all the Member States in question” to the end of paragraph substitute “the United Kingdom”.

11.  In Article 37—

(a) in point (a)—

(i) after “legislation” insert “of the United Kingdom”;

(ii) omit points (i) and (ii);

(b) in point (b)—

(i) after “the claimant” in the first place it occurs insert “to the institution in the United Kingdom”;

(ii) after “confirmed” insert “, as far as possible,”;

(c) in point (c) for “Member State” in both places it occurs substitute “State”;

(d) omit point (d).

12.  In Article 38—

(a) in paragraph 1 in the first paragraph omit “other than in which the institution responsible for the award of benefits is situated”;

(b) in paragraph 1 in the second paragraph for “shall” in the first place it occurs substitute “may”;

(c) in paragraph 1 in the third paragraph—

(i) for “responsible for the award of benefits,” substitute “in the United Kingdom”;

(ii) omit “other than the State in which the said institution is situated”;

(d) in paragraph 2 for “administered by the institution concerned” substitute “of the United Kingdom”.

13.  In Article 39—

(a) in paragraph 1—

(i) after “institution” in the first place it occurs insert “in the United Kingdom”;

(ii) for “shall” substitute “may”;

(b) in paragraph 2—

(i) for “other Member State” substitute “State”;

(ii) for “competent State” substitute “United Kingdom”;

(c) omit paragraph 3;

(d) in paragraph 4 for “paragraphs 1, 2 and 3” substitute “paragraphs 1 and 2”.

14.  In Article 40—

(a) for “Member State” substitute “United Kingdom”;

(b) for “other Member State” substitute “Member State”;

(c) for “Each institution” substitute “The institution in the United Kingdom”;

(d) omit from “except where” to the end of the Article.

15.  In Article 41 for “Claims for benefit shall be investigated by that institution to which they have been sent or forwarded” substitute “Where claims for benefits are sent or forwarded to the institution in the United Kingdom, they shall be investigated by that institution”.

16.  In Article 42—

(a) for “Member States” substitute “States”;

(b) omit paragraph 2.

17.  In Article 43 —

(a) in paragraph 1 for “Member State” substitute “State”;

(b) in paragraph 2—

(i) for “that institution shall complete the said form by indicating” substitute “the investigating institution may request that the other institution completes the following information in the said form”;

(ii) for “it administers” substitute “the other institution administers”;

(iii) omit “The form, thus completed, shall be returned to the investigating institution.”;

(iv) for “second Member State” substitute “Member State”;

(v) for “shall” in the last two places it occurs substitute “may”;

(c) in paragraph 3 in the first subparagraph for “each one” to the end of the paragraph substitute “the investigating institution may request that the other institution complete the said form.”;

(d) in paragraph 3 in the second subparagraph for “shall” in both places it occurs substitute “may”;

(e) in paragraph 3 in the third subparagraph—

(i) for “Member States” substitute “States”;

(ii) for “shall” in the first place it occurs substitute “may”;

(iii) for “which shall” substitute “and may request each institution to”;

(iv) for “shall” in the last place it occurs substitute “to”;

(f) omit paragraph 5.

18.  Omit Articles 44 and 45.

19.  In Article 46—

(a) for “applicable” substitute “applied by the institution in the United Kingdom”;

(b) for “Member State’s” substitute “United Kingdom’s”.

20.  In Article 47—

(a) for “it applies” substitute “of the United Kingdom”;

(b) for “each Member State” substitute “the United Kingdom”;

(c) for “another Member State” substitute “a Member State”.

21.  In Article 48—

(a) for “shall” in the first place it occurs substitute “may”;

(b) for “must” substitute “may”.

22.  In Article 49—

(a) for “the institution which has taken such a decision” substitute “by the institution in the United Kingdom, it”;

(b) omit “, if necessary through the good offices of the investigating institution”.

23.  In Article 50—

(a) in paragraph 1(a)—

(i) for “one Member State” substitute “a Member State”;

(ii) for “another Member State” substitute “the United Kingdom”;

(iii) for “latter Member State” substitute “United Kingdom”;

(iv) for “same Member State” substitute “Member State”;

(v) omit “, under conditions fixed by the Administrative Commission,”;

(vi) for “member State” substitute “State”;

(b) in paragraph 1(b) for “shall” substitute “may”;

(c) omit paragraph 2.

24.  In Article 51—

(a) for “territory of a Member State other than” substitute “United Kingdom which is not”;

(b) for “place of stay or residence of the recipient” substitute “United Kingdom”;

(c) for “administered by the latter institution” substitute “of the United Kingdom”;

(d) in the last sentence of paragraph 1 for “shall” substitute “may”;

(e) in paragraph 2 for “place of stay or residence” substitute “United Kingdom”.

25.  In Article 52—

(a) for “Member State” substitute “State”;

(b) for “shall” substitute “may”.

26.  In Article 53—

(a) in paragraph 1—

(i) for “territory of another Member State” substitute “United Kingdom”;

(ii) for “latter Member State” substitute “United Kingdom”;

(iii) for “place of residence of the said persons entitled to benefits” substitute “the United Kingdom”;

(iv) for “shall” in the last place it occurs substitute “may”;

(v) for “place of residence” substitute “United Kingdom”;

(b) in paragraph 2—

(i) for “Two” substitute “The United Kingdom and one”;

(ii) for “Member States” in the second place it occurs substitute “States”;

(iii) omit the final sentence;

(c) in paragraph 3 after “agreements” insert “between the United Kingdom and Member States”.

27.  In Article 54 for “The institution responsible for payment of benefits” substitute “Where the United Kingdom is responsible for the payment of benefits, the institution in the United Kingdom”.

28.  In Article 55—

(a) in paragraph 1—

(i) for “Ten” substitute “Where the United Kingdom is responsible for the payment of benefits, ten”;

(ii) for “responsible for payment” in the first place it occurs substitute “in the United Kingdom”;

(iii) for “member State in whose territory it is situated” substitute “United Kingdom”;

(iv) for “Member State in whose territory the institution responsible for payment is situated” substitute “United Kingdom”;

(b) omit paragraph 2.

29.  In Article 56—

(a) in paragraph 1—

(i) for “The payments specified in the” substitute “Where the United Kingdom receives payments specified in a”;

(ii) after “Regulation” insert “, those payments”;

(iii) for “paying body” in the second place it occurs substitute “United Kingdom”;

(b) in paragraph 2—

(i) after “paying body” substitute “in the United Kingdom”;

(ii) for “another State” substitute “a Member State”;

(c) in paragraph 3 after “paying body” substitute “in the United Kingdom”.

30.  In Article 57—

(a) in paragraph 1 after “payment period” insert “by the paying body in the United Kingdom”;

(b) in paragraph 2—

(i) for “Member State” substitute “State”;

(ii) after “paying body” insert “in the United Kingdom”;

(c) in paragraph 3 after “paying body” insert “in the United Kingdom”;

(d) in paragraph 4—

(i) for “Member State” substitute “State”;

(ii) after “paying body” insert “in the United Kingdom”;

(iii) for “shall” substitute “may”.

31.  In Article 59 for “Member States” substitute “States”.

PART 4 Amendments to Chapter 4: Accidents at work and occupational diseases

32.  In Article 61—

(a) in the heading for “other than” in the second place it occurs substitute “where the United Kingdom is”;

(b) in paragraph 1 after “institution of the place of residence” in the first place it occurs insert “or, where that institution will not accept such an application, the competent institution in the United Kingdom,”;

(c) in paragraph 2—

(i) for “shall immediately” substitute “may”;

(ii) for “. Such certificate shall state” substitute “, stating”;

(iii) for “and shall be forwarded” to the end of the paragraph substitute “. If the certificate is drawn up, the person concerned shall send it to the competent institution in the United Kingdom.”;

(d) in paragraph 3—

(i) for “shall, as soon as possible” to “have him” substitute “may have the person concerned”;

(ii) for “shall” substitute “may”;

(iii) omit “within the three days following the date of the examination”;

(e) in paragraph 4—

(i) for “shall” in the first place it occurs substitute “may”;

(ii) for “shall forthwith” substitute “may”;

(f) after paragraph 4 insert—

“4A.   Where paragraphs 1 and 2 do not apply, the person concerned shall arrange to be examined by a doctor and forward to the competent institution as soon as reasonably practicable a report from that doctor stating the probable duration of the incapacity for   work.”;

(g) in paragraph 8 for “competent State” substitute “United Kingdom”;

(h) omit paragraph 9.

33.  In Article 64 in the heading for “other than” in the second place it occurs substitute “where the United Kingdom is”.

34.  In Article 65—

(a) in the heading for “other than” substitute “where the United Kingdom is”;

(b) in paragraph 1—

(i) for “When” substitute “Where the United Kingdom is the competent State, when”;

(ii) omit “other than the competent State”;

(iii) for “competent State” substitute “United Kingdom”;

(c) in paragraph 2—

(i) for “shall” substitute “may”;

(ii) after “competent institution” insert “in the United Kingdom”;

(d) in paragraph 3—

(i) for “If” substitute “Where the United Kingdom is the competent State, if”;

(ii) omit “other than the competent State”;

(iii) after “competent institution” insert “in the United Kingdom”;

(iv) after “of that Member State” insert “and seek any necessary consent for the investigation”;

(v) for “shall” in the last place it occurs substitute “may”;

(e) in paragraph 4—

(i) for “shall” in the first two places it occurs substitute “may”;

(ii) after “competent institution” in both places it occurs insert “in the United Kingdom”;

(f) in paragraph 5 after “competent institution” insert “in the United Kingdom”.

35.  In Article 67—

(a) in the heading for “Member States” substitute “States”;

(b) in paragraph 1—

(i) omit “either”;

(ii) for “in respect of occupational diseases of the Member State under whose legislation” substitute “in the United Kingdom if”;

(iii) after “an activity” insert “that was”;

(iv) after “disease in question” insert “under the legislation of the United Kingdom”;

(v) for “of the place of residence” substitute “in the United Kingdom if it is the place of residence”;

(c) in paragraph 2—

(i) after “paragraph 1” insert “is the institution in the United Kingdom and it”;

(ii) for “another Member State” substitute “a Member State”;

(d) in paragraph 3—

(i) for “When the institution of the Member State” substitute “Where the United Kingdom is the State”;

(ii) after “question,” insert “if the institution in the United Kingdom”;

(e) in paragraph 4 for “the case should be referred back” substitute “the institution in the United Kingdom shall refer the case back”.

36.  In Article 68—

(a) in paragraph 1 for “Where” to “in question” substitute “Where the United Kingdom is one of the States under whose legislation the person suffering from the disease pursued an activity which might cause the occupational disease in question and where an appeal is lodged against a decision to reject a claim taken by the institution in the United Kingdom”;

(b) in paragraph 2 for “shall” in each place it occurs substitute “may”.

37.  In Article 69—

(a) in point (a) for “the competent institution of the Member State under whose legislation cash benefits are granted pursuant to Article 57(1) of the Regulation” substitute “where cash benefits are granted pursuant to Article 57(1) of the Regulation under the legislation of the United Kingdom, the competent institution in the United Kingdom”;

(b) in point (b) for “shall” in the last two places it occurs substitute “may”;

(c) in point (d)—

(i) for “shall” in the second place it occurs substitute “may”;

(ii) omit “as soon as possible, and within three months at the latest”.

38.  In Article 70 in paragraph 1—

(a) for “Member State” substitute “State” in each place it occurs;

(b) in the second paragraph for “shall” in the first place it occurs substitute “may”.

39.  In Article 71—

(a) in paragraph 1 for “Member State from which he is claiming rights to benefits” substitute “United Kingdom”;

(b) omit paragraphs 2 to 4.

40.  In Article 72(3)—

(a) in paragraph 1—

(i) for “a claimant shall” to “first diagnosed,” substitute “where a claimant was subject to the legislation of the United Kingdom at the time when the accident at work was sustained or the occupational disease was first diagnosed, he shall supply the competent institution in the United Kingdom”;

(ii) for “other Member State” substitute “Member State”;

(b) in paragraph 2—

(i) for “which it administers” substitute “of the United Kingdom”;

(ii) after “competent institution” insert “in the United Kingdom”;

(c) in paragraph 3—

(i) after “competent institution” in the first place it occurs insert “in the United Kingdom”;

(ii) for “shall” in the first place it occurs substitute “may”;

(iii) for “another Member State” substitute “the United Kingdom”;

(iv) for “second Member State” substitute “Member State”.

41.  In Article 73—

(a) in the heading for “a Member State other than” substitute “the United Kingdom when it is not”;

(b) in paragraph 1—

(i) for “and where, in the country of stay or residence” substitute “where the United Kingdom is the country of stay or residence and where, in the United Kingdom”;

(ii) for “territory of the Member State in which they are staying or residing” substitute “the United Kingdom”;

(c) in paragraph 2 for “territory of the Member” substitute “the United Kingdom, if that is the”.

42.  Omit Article 74 and the heading “Implementation of Article 62(2) of the Regulation”.

43.  In Article 75—

(a) in paragraph 1—

(i) for “a Member State” substitute “the United Kingdom”;

(ii) for “another Member State” substitute “a Member State”;

(iii) omit “either”;

(iv) for “, or to the institution of the place of residence, which shall forward such claim to the competent institution” substitute “in the United Kingdom”;

(b) in paragraph 2 after “competent institution” insert “in the United Kingdom”.

44.  In Article 76—

(a) for “shall” in the first place it occurs substitute “may”;

(b) after “competent institution” in the first place it occurs insert “in the United Kingdom”.

45.  In Article 77 for “Member State” in both places it occurs substitute “State”.

PART 5 Amendments to Chapter 5: Death grants

46.  In Article 78—

(a) for “a Member State other than” substitute “the United Kingdom where it is not”;

(b) omit “either”;

(c) for “or to the institution of the place of residence” substitute “in the United Kingdom”;

(d) for “which the competent institution administers” substitute “of the United Kingdom”.

47.  In Article 79—

(a) in paragraph 1 after “competent institution” insert “in the United Kingdom”;

(b) in paragraph 2 for “shall” in both places it occurs substitute “may”;

(c) in paragraph 3—

(i) for “competent State” substitute “United Kingdom”;

(ii) for “other Member State” substitute “Member State”.

PART 6 Amendments to Chapter 6: Unemployment benefits

48.  In Article 80—

(a) in paragraph 1 after “competent institution” insert “in the United Kingdom”;

(b) in paragraph 2 for “shall” in both places it occurs substitute “may”;

(c) in paragraph 3—

(i) for “competent State” substitute “United Kingdom”;

(ii) for “other Member State” substitute “Member State”.

49.  In Article 81—

(a) for “an institution covered by” substitute “the institution in the United Kingdom by virtue of”;

(b) for “Member State in which that institution is situated” substitute “United Kingdom”;

(c) for “another Member State” substitute “a Member State”;

(d) for “shall” in the second place it occurs substitute “may”;

(e) for “latter Member Sate” substitute “Member State”.

50.  In Article 82—

(a) in paragraph 1 after “competent institution” insert “in the United Kingdom”;

(b) in paragraph 2—

(i) for “shall” in the first place it occurs substitute “may”;

(ii) for “must” substitute “may”;

(iii) after “competent institution” insert “in the United Kingdom”.

51.  In Article 83—

(a) in the heading for “another Member State” substitute “a Member State”;

(b) in paragraph 1—

(i) after “competent institution” insert “in the United Kingdom”;

(ii) for “competent State” in both places it occurs substitute “United Kingdom”;

(c) in paragraph 2—

(i) for “another Member State” substitute “a Member State”;

(ii) for “shall” in the first place it occurs substitute “may”;

(iii) after “competent institution” insert “in the United Kingdom”;

(iv) for “competent State” substitute “United Kingdom”;

(d) in paragraph 3—

(i) for “shall” in each place it occurs except the sixth occurrence substitute “may”;

(ii) after “competent institution” in each place it occurs insert “in the United Kingdom”;

(iii) for “competent State” substitute “United Kingdom”;

(iv) omit “immediately”;

(e) in paragraph 4—

(i) for “Two” substitute “The United Kingdom and one”;

(ii) after “competent authorities of” insert “the United Kingdom and”;

(iii) omit “, having received the opinion of the Administrative Commission,”.

52.  In Article 84—

(a) in the heading for “a Member State other than” substitute “the United Kingdom where it is not”;

(b) in paragraph 1 for “place of residence” substitute “United Kingdom”;

(c) in paragraph 2—

(i) for “submit to the institution of his place of residence” substitute “request a certified statement from the institution of the Member State to whose legislation he was last subject, indicating that he has no right to benefits under Article 69 of the Regulation and, when such a statement is issued, submit it to the institution in the United Kingdom”;

(ii) omit from “, a certified statement” to the end of the paragraph.

PART 7 Amendments to Chapter 7: Family benefits

53.  In Article 85—

(a) in paragraph 1 after “competent institution” insert “in the United Kingdom”;

(b) in paragraph 2 for “shall” in both places it occurs substitute “may”;

(c) in paragraph 3—

(i) for “competent State” substitute “United Kingdom”;

(ii) for “other Member State” substitute “Member State”.

54.  In Article 86—

(a) in paragraph 1 after “competent institution” insert “in the United Kingdom”;

(b) in paragraph 2—

(i) omit “other than that in which the competent institution is situated”;

(ii) for “shall” in the second place it occurs substitute “may”;

(c) in paragraph 3 for “competent State” substitute “United Kingdom”;

(d) in paragraph 4—

(i) for “two” substitute “the United Kingdom and one”;

(ii) omit the final sentence;

(e) in paragraph 5 after “competent institution” insert “in the United Kingdom”.

PART 8 Amendments to Chapter 8: Benefits for dependent children of pensioners and for orphans

55.  In Article 90—

(a) in paragraph 1—

(i) after “institution of” insert “the United Kingdom, if it is”;

(ii) for “administered by that institution” substitute “of the United Kingdom”;

(b) in paragraph 2—

(i) after “however,” insert “the United Kingdom is the competent State and”;

(ii) for “territory of the Member State in which the competent institution is situated he may” substitute “United Kingdom, he shall”;

(iii) omit “either”;

(iv) for “or to the institution” to the end of the paragraph substitute “in the United Kingdom”;

(c) in paragraph 3—

(i) for “referred to in paragraph 2” substitute “in the United Kingdom”;

(ii) for “which it administers” substitute “of the United Kingdom”;

(d) omit paragraph 4.

56.  In Article 91 for “authorities of the Member State” substitute “authority of the United Kingdom”.

(1)

Article 15(1)(a) was amended by Regulation No 1606/98.

(2)

Paragraphs 1 and 3 of Article 26 were substituted, and paragraph 1a inserted, by Regulation No 631/2004.

(3)

Article 72 was amended by Regulation No 1290/97, Council Regulation (EC) No 1223/98 of 4 June 1998 (“Regulation No 1223/98”) and Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 (“Regulation No 1386/2001”).