A010 – Notification of Applicable Legislation

A Member State uses this SED to notify a decision on applicable legislation based on articles 11(3)(b)(c)(d), 11(4), 11(5) or 15 of Reg. (EC) No 883/2004.

Mandatory data - Mandatory fields are marked with the asterisk symbol (“ * “) and they must be filled. A SED cannot be sent or accepted (i.e. validated by the system) without filling in its mandatory fields.

Although some of the items in SEDs were established as not mandatory, it is important to remember that whenever a Member State sends a document, it must provide as much information as possible in order to allow swift procedures and effective communication.

The Case number is a field that identifies the case as recorded in the Member State.

The SED contains the following important sections:

Addresses - Although the address of a person is not mandatory, it should be indicated whenever available, because:

In case the Member State which has to reply might need to contact the person in question;

The address indicated in SED allows establishing which Member State is considered as a state of residence or stay.

Employer(s) in the posting state

Employer(s) in other Member States concerned

Self-employment

Decision of Legislation Applicable - the case owner states here that its own legislation applies. It is not possible to decide that the legislation of a different state applies.

Additional Information - Often an institution needs to provide additional information on the case/request/etc. (such as a written description or details related to the information already provided in the other data elements of the SED). If the additional information entered requires more space then the explanation could be included as an attachment. Note that any additional information, inline or in attached, provided in the national language will require a translation.

The SED accepts attachments. The attachments shall provide additional data indispensable to consider the particular SED, e.g. official documents to certify a piece of information or a fact, if necessary. The Competent Institution verifies the substance of the attachment, e.g. the legal value of a document, under the legislation applicable in the competent Member State.

In order to see the content of the SED A010 together with the explanatory notes please click here.