1. The Member States referred to in Article 35(2) of the basic Regulation, whose legal or administrative structures are such that the use of reimbursement on the basis of actual expenditure is not appropriate, are listed in Annex 3 to the implementing Regulation.
2.
In the case of the Member States listed in Annex 3 to the implementing Regulation, the amount of benefits in kind supplied to:
(a)
family members who do not reside in the same Member State as the insured person, as provided for in Article 17 of the basic Regulation; and to
(b)
pensioners and members of their family, as provided for in Article 24(1) and Articles 25 and 26 of the basic Regulation;
shall be reimbursed by the competent institutions to the institutions providing those benefits, on the basis of a fixed amount established for each calendar year. This fixed amount shall be as close as possible to actual expenditure.