Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex VI (Social Security) to the EEA Agreement - Draft common position of the Community -

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. In order to ensure the requisite legal security and homogeneity, the EEA Joint Committee is to integrate all the relevant Community legislation into the EEA Agreement as soon as possible after its adoption.

2. The EEA Joint Committee should therefore adopt the attached decision to amend Annex VI to the EEA Agreement by adding recently adopted acquis in the field of Social Security. The decision concerns:

398 R 1606: Council Regulation (EC) No 1606/98 of 29 June 1998 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover special schemes for civil servants (OJ L 209, 25.7.1998, p. 1).

3. The proposal includes an adaptation for Iceland. This adaptation corresponds in substance to those made for Denmark, Finland and Sweden. It enables Iceland to limit the right to receive benefits in kind that persons concerned by special provisions on the application of German legislation have under national Icelandic law. The limit put to national law is restricted to the benefits in kind covered by the German special scheme and/or by the personal insurance scheme supplementing it.

4. Article 1(3)(a) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council, after having consulted the European Parliament, establishes the Community position for decisions extending Community legislation with substantial changes.

5. The Council is requested to approve the attached draft decisions for adoption by the EEA Joint Committee.

Draft

DECISION OF THE EEA JOINT COMMITTEE

amending Annex VI (Social Security) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as 'the Agreement', and in particular Article 98 thereof,

Whereas Annex VI to the Agreement was amended by Decision of the EEA Joint Committee No ... of ... [1];

[1] OJ L ...

Whereas Council Regulation (EC) No 1606/98 of 29 June 1998 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover special schemes for civil servants [2] is to be incorporated into the Agreement,

[2] OJ L 209, 25.7.1998, p. 1.

HAS DECIDED AS FOLLOWS:

Article 1

Point 1 (Council Regulation (EEC) No 1408/71) in Annex VI to the Agreement shall be amended as follows:

1. The following indent shall be added:

'- 398 R 1606: Council Regulation (EC) No 1606/98 of 29 June 1998 (OJ L 209, 25.7.1998, p. 1).'

2. In adaptation (r), heading 'P. ICELAND', the text shall be replaced by 'All applications for the old-age basic, supplementary and special scheme for civil servants pensions.'

3. In adaptation (t), heading 'P. ICELAND', the text shall be replaced by the following:

'1. Where employment or self-employment in Iceland has terminated and the contingency occurs during employment or self-employment in another State to which this Regulation applies and where the disability pension of both the social security and the supplementary pension schemes (pension funds) in Iceland no longer includes the period between the contingency and the pensionable age (future periods), periods of insurance under the legislation of another State to which this Regulation applies shall be taken into consideration for the requirement of the future periods as if they were periods of insurance in Iceland.

2. A person who is covered by a special scheme for civil servants who is resident in Iceland and

(a) to whom the provisions of Title III, Chapter 1, sections 2 to 7 do not apply, and

(b) who is not entitled to an Icelandic pension,

shall be liable to pay for the costs of benefits in kind granted to him or his family members in Iceland, insofar as the benefits in kind are covered by the special scheme concerned and/or by the personal insurance scheme supplementing it.'

Article 2

Point 2 (Council Regulation (EEC) No 574/72) in Annex VI to the Agreement shall be amended as follows:

1. The following indent shall be added:

'- 398 R 1606: Council Regulation (EC) No 1606/98 of 29 June 1998 (OJ L 209, 25.7.1998, p. 1).'

2. In adaptation (a), heading 'R. NORWAY', the text shall be replaced by the following:

'1. Sosial- og helsedepartementet (Ministry of Health and Social Affairs), Oslo

2. Arbeids- og administrasjonsdepartementet (Ministry of Labour and Government Administration), Oslo

3. Barne- og familiedepartementet (Ministry of Children and Family Affairs), Oslo

4. Justisdepartementet (Ministry of Justice), Oslo

5. Utenriksdepartementet (Ministry of Foreign Affairs), Oslo.'

3. In adaptation (b), heading 'R. NORWAY', the following shall be added:

'7. Benefits under the Act of 28 July 1949 No 26 on the Norwegian Public Service Pension Fund (lov av 28. juli 1949 nr 26 om Statens Pensjonskasse):

Statens Pensjonskasse (the Norwegian Public Service Pension Fund).'

4. In adaptation (c), heading 'Q. LIECHTENSTEIN', the following shall be added both in point 2 (Old age and death) and in point 3 (Invalidity):

'(c) Occupational scheme for civil servants:

Stiftungsrat der Pensionskasse für das Staatspersonal (Foundation Board of the occupational scheme for civil servants).'

5. In adaptation (c), heading 'R. NORWAY', the following shall be added:

'4. Benefits under the Act of 28 July 1949 No 26 on the Norwegian Public Service Pension Fund (lov av 28. juli 1949 nr 26 om Statens Pensjonskasse):

Statens Pensjonskasse (the Norwegian Public Service Pension Fund).'

6. In adaptation (f), heading 'Q. LIECHTENSTEIN', the following shall be added both in point 2 (Old age and death) and in point 3 (Invalidity):

'(c) Occupational scheme for civil servants:

Geschäftsleitung der Pensionsversicherung für das Staatspersonal (Management of the occupational scheme for civil servants).'

7. In adaptation (f), heading 'R. NORWAY', the following shall be inserted after point 1:

'1a. Benefits under the Act of 28 July 1949 No 26 on the Norwegian Public Service Pension Fund (lov av 28. juli 1949 nr 26 om Statens Pensjonskasse):

Statens Pensjonskasse (the Norwegian Public Service Pension Fund).'

8. In adaptation (m), heading 'R. NORWAY', the following shall be added:

'13. Benefits under the Act of 28 July 1949 No 26 on the Norwegian Public Service Pension Fund (lov av 28. juli 1949 nr 26 om Statens Pensjonskasse):

Statens Pensjonskasse (the Norwegian Public Service Pension Fund).'

Article 3

The texts of Council Regulation (EC) No 1606/98 in the Icelandic and Norwegian languages, which are annexed to the respective language versions of this Decision, are authentic.

Article 4

This Decision shall enter into force on ... 1999, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee.

Article 5

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, ...... 1999.

For the EEA Joint Committee The President

N. v. Liechtenstein

The Secretaries to the EEA Joint Committee

G. Vik E. Gerner