52003PC0055

Proposal for a COUNCIL DECISION on a Community Position regarding draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 1 June 2002 the Agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other, on the Free Movement of Persons entered into force. Annex II of this Agreement provides for the coordination of social security schemes.

According to Article 14 and 18 of the Agreement, the EU-Swiss Joint Committee on the Free Movement of Persons may adopt amendments to Annex II of the Agreement by decision of the Joint Committee. Article 2 of the Decision (2002/309/EC, Euratom) of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation provides that the Council, on a proposal from the Commission, lays down the position to be taken by the Community as regards such decisions of the Joint Committee.

Annex II of the Agreement needs to be amended particularly because the Agreement currently only refers to Community legislation on coordination of social security schemes which had been in force at the date of signature of the Agreement (21 June 1999), thus not including those amending Regulations which entered into force in the meantime. The Agreement also does not refer to the Decisions of the Administrative Commission which have been adopted in the meantime. However, to ensure a coherent and correct application of Community legislation and to avoid administrative and possibly legal difficulties the Agreement should refer to all the relevant Community legislation and the Decisions of the Administrative Commission. Furthermore, in view of changes at national level, Annex II to the Agreement needs to be completed and updated and some existing provisions need to be further clarified.

The Council is therefore invited to approve the Community position on the adoption of the draft Decision No .../... of the EU-Swiss Joint Committee on the Free Movement of Persons, regarding the Joint Committee's Decision on amending Annex II to the Agreement following the entry into force of the Agreement.

The amendments to be made to Annex II are the following:

The four amending Regulations of Regulations (EEC) No 1408/71 and (EEC) No 574/72 which entered into force between the date of signature of the Agreement on 21 June 1999 and the entry into force of the Agreement on 1 June 2002 contain technical changes to the Regulations which had mainly become necessary following changes at national level. However, one of these four amending Regulations, Regulation (EC) 1399/1999, introduced a substantive change by providing that orphan's pensions shall no longer be paid by one Member State under the provisions on the chapter of family benefits but be treated in the same way as old-age pensions and thus each Member State paying a pension according to the insurance periods covered under its legislation.

The Swiss Allowance for the Helpless shall be inserted as a special non-contributory benefit according to Annex IIa of Regulation 1408/71 because since the signature of the Agreement Swiss legislation has been modified as required by the Protocol to Annex II to the Agreement as a condition for inclusion to Annex IIa.

Adaptations of Annex VI of Regulation 1408/71 concern in particular the possibility to demand exemption from compulsory Swiss sickness insurance coverage, a possibility which does not exist under Regulation 1408/71: the Spanish government wishes to withdraw the automatic right to be exempt from compulsory sickness insurance in Switzerland for those family members of a pensioner residing in Switzerland who reside in Spain as it became clear that those family members could not be insured against sickness in Spain. The French government has expressed the wish that the individual right to demand exemption from compulsory sickness insurance in Switzerland be extended to persons residing in France. The Portuguese government no longer wish to offer this right to persons residing in Portugal, nor does the Finnish government for persons residing in Finland. At the same time, the Finnish government wishes to extend the individual right of option to family members of these persons when they reside in Finland.

To permit the rational exercise of the right of option, the provisions concerning the conditions and effects of such a request are clarified concerning the belated introduction of a request and the effects of a request for family members residing in the same Member State.

It is furthermore clarified that persons who have been exempted from compulsory Swiss sickness insurance are entitled to all sickness benefits in kind which become necessary when staying in Switzerland. As in such cases simultaneous responsibility might arise in case of non-work related accidents between the Swiss accident insurance institution and the sickness insurance institution of a Member State, a provision on the distribution of costs for sickness benefits in kind is added.

Due to a change to the invalidity insurance scheme in Switzerland, the respective provisions in Annex II shall be amended to allow persons who had to cease their work in Switzerland due to an accident or illness and who reside or return to another Member State to benefit from rehabilitation measures and to be granted an invalidity pension.

Following alterations of the responsibilities and/or the names/designations at national Swiss level further modifications are also necessary to the references to Ministries and institutions concerned.

Legal effect of amendments

According to Article 18 of the Agreement, decisions of the Joint Committee on Annex II may enter into force immediately after that decision.

In the interests of the persons covered by the Agreement, the provisions of the present amendments to Annex II shall have effect as of the date of entry into force of the Agreement on 1 June 2002. However, ending the possibility to demand exemption from compulsory Swiss sickness insurance for persons residing in Portugal and limiting this possibility for certain persons residing in Finland shall have effect as of 1 June 2003.

Overall, the application of common and homogeneous provisions and an effective and coherent coordination for the complicated and technical nature of the coordination of social security schemes is essential. Applying, in particular, the provisions of the four amending Regulations to Regulations 1408/71 and 574/72 which have entered into force between signature and entry into force of the Agreement as of the date of entry into force of the Agreement avoids parallel application of different coordinating provisions. This would not only increase administrative burdens and delay decisions on applications for the granting of benefits, but even make it almost impossible, especially in the case of orphan's pensions, to calculate the amount of benefit, much to the detriment of the persons concerned.

In order to reduce the inherent risk of legal uncertainty, the Administrative Commission therefore adopted a resolution on 27 June 2002 [1], advocating that these amending Regulations be inserted into Annex II as close as possible to the entry into force of the Agreement and that their provisions be applicable from the date of entry into force of the Agreement.

[1] OJ C 160, 4.7.2002, p. 2

This is also true for the Decisions of the Administrative Commission which have been adopted in the meantime as these decisions contain interpretations arising from the provisions of the coordinating Regulations, thus ensuring their coherent application.

The amending provisions extending the right to demand exemption from compulsory Swiss sickness insurance to persons resident in France and to those family members of persons insured in Switzerland who reside in Finland shall also be effective as of the date of entry into force of the Agreement on 1 June 2002 as they are in the interests of the persons concerned and, in relation to France, are already applied. It is also in the interests of persons concerned, and simplifies procedures, that specification and clarification of the conditions and effects of the right to demand exemption from Swiss sickness insurance be effective as of the date of entry into force of the Agreement.

On the other hand, putting an end to the possibility to demand exemption from compulsory Swiss sickness insurance for persons residing in Portugal and Finland shall have effect as of 1 June 2003.

The Council is requested to approve the attached draft decision for adoption by the EU-Swiss Joint Committee on Free Movement of Persons.

Proposal for a COUNCIL DECISION on a Community Position regarding draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Decision 2002/309/EC, Euratom of the Council and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation [2], and in particular Article 2 thereof,

[2] OJ L 114, 30.4.2002, p. 1

Having regard to the proposal from the Commission [3],

[3] OJ C , , p. .

Whereas:

(1) The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons (hereinafter referred to as "the Agreement") entered into force on 1 June 2002.

(2) Articles 14 and 18 of the Agreement provide that the EU-Swiss Joint Committee on Free Movement of Persons may, by decision, adopt amendments to Annex II to the Agreement, dealing with coordination of social security schemes.

(3) In order to preserve a coherent and correct application of Community legislation and to avoid administrative and possibly legal difficulties, Annex II to the Agreement needs to be amended to integrate the Community legislation which has entered into force since the date of signature of the Agreement on 21 June 1999 and to which the Agreement does not currently refer.

(4) In view of changes at national level, Annex II to the Agreement needs to be completed and updated in view of changes at national level; in addition, some existing special provisions concerning sickness benefits need to be further clarified.

(5) Annex II of the Agreement needs to be amended by the integration of the Decisions of the Administrative Commission on Social Security of Migrant Workers which have been adopted since the signature of the Agreement and to which it does not refer.

(6) The Community should now adopt its position for a decision of the Joint Committee,

HAS DECIDED AS FOLLOWS:

Sole Article

The Position of the European Community in the Joint Committee created by Article 14 of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons shall be based on the draft decision of the Joint Committee set out in the Annex to this Decision.

Done at Brussels,

For the Council

The President

ANNEX

Draft Decision No .../... of the EU-Swiss Joint Committee on the Free Movement of Persons amending Annex II (Social Security) to the Agreement between the European Community and its Member States and the Swiss Confederation of ..

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons and in particular Article 14 and 18 thereof,

Whereas:

(1) the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons (hereinafter referred to as "the Agreement") was signed on 21 June 1999 and entered into force on 1 June 2002.

(2) Annex II to the Agreement refers in particular to Council Regulations (EEC) No 1408/71 [4] and (EEC) No 574/72 [5], as updated by Regulation (EC) No 118/97 [6] as well as to subsequent amending Regulations, including Regulation (EC) No 307/1999 [7].

[4] OJ L 149, 5.7.1971, p. 2.

[5] OJ L 74, 27.3.1972.

[6] OJ L 28, 30.1.1997, p. 1.

[7] OJ L 38, 12.2.1999, p. 1.

(3) Regulations (EEC) No 1408/71 and (EEC) No 574/72 have, since the date of signature of the Agreement, been amended on a number of occasions. Consequently, it is now necessary to incorporate the relevant amending acts, namely Regulation (EC) No 1399/1999 [8], Regulation (EC) No 1386/2001 [9] of the European Parliament and the Council, Commission Regulation (EC) No 89/2001 [10] and Commission Regulation (EC) No 410/2002 [11], into the Agreement, and specifically into Annex II thereto.

[8] OJ L164, 30.6.1999, p.1

[9] OJ L187, 10.7.2001, p.1

[10] OJ L 14, 18.1.2001, p. 16

[11] OJ L 62, 5.3.2002, p. 17

(4) The allowances established under Swiss law for helpless persons should be provided for in the text of Annex IIa to Regulation 1408/71 according to the Protocol to Annex II to the Agreement as the Acts relating to this benefits have been amended stipulating that these benefits shall be financed exclusively by public authorities.

(5) The conditions and effects of the option to request exemption from compulsory Swiss sickness insurance need to be further clarified, particularly as regards the time limits for submitting a request for exemption, its effects for family members residing in the same Member State, as regards the distribution of costs for sickness benefits in kind between the Swiss accident insurance and a Member State's sickness insurance for non-work related accidents, and as regards entitlement to sickness benefits in kind during a stay in Switzerland.

(6) As a result of a change to the Swiss invalidity insurance scheme, the current provisions in Annex II concerning the granting of an invalidity pension and entitlement to rehabilitation measures need to be amended.

(7) Following modifications at national Swiss level of the responsibilities or designations, amendments need to be made to the references to Ministries and Institutions concerned.

(8) The complicated and technical nature of the coordination of social security schemes requires effective and coherent coordination, through the application of common and homogeneous provisions within the territory of the Contracting parties.

(9) It is in the interests of the persons covered by the Agreement to resolve, or at least limit in time, any negative effects arising from the application of different coordination rules by the Contracting Parties.

(10) Amendments to Annex II should therefore take effect on the date of entry into force of the Agreement, except for the ending or limiting of the possibility of exemption from Swiss compulsory insurance for persons residing in Portugal and Finland, which should take effect as from 1 June 2003.

HAS DECIDED AS FOLLOWS:

Article 1

Annex II to the Agreement is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption by the Joint Committee.

The provisions of this Decision shall apply as from 1 June 2002, except for the amendment to Point 3 letter (b) of Annex II of the Agreement, ending or limiting the possibility of exemption from Swiss compulsory insurance for persons residing in Portugal and Finland, which shall take effect on 1 June 2003.

Article 3

This Decision shall be published in the Official Journal of the European Communities.

Done at Brussels,

For the Joint Committee

The Chairman

The Secretaries

Annex

Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons is amended as follows:

(1) The following is inserted under the Title "Section A: Acts referred to" under point 1 "Regulation (EEC) No 1408/71" after "399 R 307: Council Regulation (EC) No 307/1999 ...":

"399 R 1399 Council Regulation (EC) No 1399/1999 of 29 April 1999 (OJ L 164, 30/6/1999, p. 1) 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.

301 R 1386 Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 (OJ L 187, 10/7/2001, p. 1) amending Council Regulations (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 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71."

(2) Under the heading "For the purposes of this Agreement, the Regulation shall be adapted as follows:", point 1 of Section A of Annex II of the Agreement is amended as follows:

(a) Under letter (h), concerning Annex IIa, a new item (a1) is added after item (a):

"(a1) Allowance for helpless persons (Federal Act of 19 June 1959 on invalidity insurance (LAI) and Federal Act of 20 December 1946 on old-age and survivor's pensions (LAVS) as amended on 8 October 1999)."

(b) Under Point 1 letter (o), concerning Annex VI, No 3 is replaced by the following:

"3. Compulsory insurance under Swiss sickness insurance and possible exemptions

a) The Swiss legal provisions governing compulsory sickness insurance shall apply to the following persons not resident in Switzerland:

i) persons subject to Swiss legal provisions under Title II of the Regulation;

ii) persons for whom Switzerland is the competent State for sickness insurance under Articles 28, 28a or 29 of the Regulation;

iii) persons receiving Swiss unemployment insurance benefits;

iv) family members of persons referred to in i) and iii) or of an employed or self-employed person resident in Switzerland who is insured under the Swiss sickness insurance scheme, unless these family members are resident in one of the following States: Denmark, Spain, Portugal, Sweden, United Kingdom;

v) family members of persons referred to in ii) or of a pensioner resident in Switzerland who is insured under the Swiss sickness insurance scheme, unless these family members are resident in one of the following States: Denmark, Portugal, Sweden, United Kingdom.

As family members are considered those persons who are defined as family members according to the legislation of the state of residence.

b) Persons referred to in a) may, on request, be exempted from compulsory insurance if and as long as they are resident in one of the following States and can prove that they are eligible for cover in the event of sickness: Germany, Austria, France, Italy and, with regard to persons referred to in a) iv) and v), Finland.

This request

aa) must be submitted within three months of the date on which the obligation to take out insurance in Switzerland comes into effect; where, in justified cases, the request is submitted after this deadline, the exemption shall take effect as from the commencement of the insurance obligation;

bb) shall apply to all family members residing in the same state."

(c) Under Point 1 letter (o) after No 3, the following new Numbers 3a and 3b are added:

"3a. Where a person subject to Swiss legal provisions under Title II of the Regulation is, in application of 3b, subject for the purposes of sickness insurance to the legal provisions of another State covered by this Agreement, the costs of these benefits in kind for non-occupational accidents shall be shared equally between the Swiss insurer against occupational and non-occupational accidents and industrial diseases and the competent sickness insurance institution if an entitlement exists to benefits in kind from both bodies. The Swiss insurer against occupational and non-occupational accidents and industrial diseases shall meet all costs in the event of occupational accidents, accidents on the way to work or industrial diseases, even where there is an entitlement to benefits from a sickness insurance body in the country of residence.

3b. Persons who are working, but not residing in Switzerland and who have statutory insurance cover in their State of residence under No 3 letter b) shall benefit from the provisions of Article 22 (1) (a) for any condition requiring benefits during a stay in Switzerland."

(d) No 8 is replaced by the following:

"8. Notwithstanding the provisions of Title III, an employed or self-employed worker who is no longer subject to Swiss legislation on invalidity insurance shall be regarded as being covered by that insurance for a period of one year with effect from the day on which work preceding the invalidity was interrupted if he had to give up his gainful employment or self-employment in Switzerland owing to an accident or an illness and if the invalidity was diagnosed in this country; he shall be obliged to pay contributions to old-age, survivors' and invalidity insurance as if he were resident in Switzerland. This shall not apply if he is subject to the legislation of anotehr Member State according to Articles 13 (2) a) - e), Articles 14 to 14 f) or Article 17 of Regulation 1408/71."

(e) No 9 is replaced by the following:

"9. Where a person who was gainfully employed or self-employed in Switzerland and covering his vital needs has had to cease his activity owing to an accident or illness and is no longer subject to Swiss legislation on invalidity insurance, he shall be considered to be covered by that insurance for the purpose of eligibility for rehabilitation measures and throughout the period during which he benefits from these measures, provided that he has not taken up a new activity outside Switzerland."

(3) The following is inserted under the Title "Section A: Acts referred to" under point 2 "Regulation (EEC) No 574/72" after "399 R 307: Council Regulation (EC) No 307/1999 ...":

"399 R 1399: Council Regulation (EC) No 1399/1999 of 29 April 1999 (OJ L 164, 30/6/1999, p. 1) 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 (OJ L 164, 30/6/1999, p. 1).

301 R 1386 Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 (OJ L 187, 10/7/2001, p. 1) amending Council Regulations (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 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ L 187, 10.7.2001, p.1).

301 R 89 Commission Regulation (EC) No 89/2001 of 17 January 2001 amending Council Regulation (EEC) No 574/72 laying down the procedure for implementing 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 (OJ L 14, 18.1.2001, p. 16).

302 R 410 Commission Regulation (EC) No 410/2002 of 27 February 2002 amending Council Regulation (EEC) No 574/72 laying down the procedure for implementing 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 (OJ L 62, 5.3.2002, p. 17)."

(4) Under the heading "For the purposes of this Agreement, the Regulation shall be adapted as follows:", point 2 of Section A of Annex II of the Agreement is amended as follows:

(a) Under Point 2 letter (a), concerning Annex 1, number 2 is replaced as follows:

"Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia, Direzione del lavoro, Berna - State Secretariat for Economic Affairs, Directorate of Labour, Berne."

(b) Under Point 2 letter (d), concerning Annex 4, number 5 is replaced as follows:

,Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia, Direzione del lavoro, Berna - State Secretariat for Economic Affairs, Directorate of Labour, Berne."

(c) Point 2 letter (g), concerning Annex 7, shall be replaced by the following:

"Switzerland

UBS S.A., Genève - Genf - Ginevra - Geneva"

(d) Under Point 2 letter (j), concerning Annex 10,

(aa) in Number 3 the words "Gemeindeverwaltung - Administration communale - Amministrazione communale" are deleted in the English version.

(bb) in Number 5 the words "Gemeindeverwaltung - Administration communale - Amministrazione communale" are added before the words in parentheses "the local authority at the place of residence" in the English version.

(cc) under Number 6, the title "Bundesamt für Wirtschaft und Arbeit, Bern - Office fédéral du développement économique et de l'emploi, Berne - Ufficio federale dello sviluppo economico e del lavoro, Berna" are replaced as follows:

"Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia, Direzione del lavoro, Berna - State Secretariat for Economic Affairs, Directorate of Labour, Berne."

(dd) under Number 7(c), the title "Bundesamt für Wirtschaft und Arbeit, Bern - Office fédéral du développement économique et de l'emploi, Berne - Ufficio federale dello sviluppo economico e del lavoro, Berna" are replaced as follows:

"Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia, Direzione del lavoro, Berna - State Secretariat for Economic Affairs, Directorate of Labour, Berne."

(5) Section B of Annex II is amended as follows:

(a) In No 4.23, "387 D XXX" is replaced by "387 Y 1009 (01)"

(b) In No 4.25, "388 D XXX" is replaced by "388 Y 309 (01)"

(c) In No 4.26, "388 D XXX" is replaced by "388 Y 309 (3)"

(d) In No 4.29, "389 D XXX" is replaced by "389 Y 1115 (01)"

(e) In No 4.30, "390 D XXX" is replaced by "390 Y 412 (01)"

(f) In No 4.31, "390 D XXX" is replaced by "390 Y 412 (02)"

(g) In No 4.32, "390 D XXX" is replaced by "390 Y 412 (03)"

(h) In No 4.33, "390 D XXX" is replaced by "390 Y 330 (01)"

(i) Nos 4.16, 4.46 and 4.47 is deleted.

(j) Under No 4.38

(aa) in 1(a), the term "invalidity insurance" is replaced by "old-age, survivors' and invalidity insurance";

(bb) in 2, the title "Bundesamt für Wirtschaft und Arbeit, Bern - Office fédéral du développement économique et de l'emploi, Berne - Ufficio federale dello sviluppo economico e del lavoro, Berna" is replaced as follows:

"Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia, Direzione del lavoro, Berna - State Secretariat for Economic Affairs, Directorate of Labour, Berne."

(k) After No 4.55, the following new numbers are added:

"4.56. 399 D 370 Decision No 171 of 9 December 1998 amending Decision No 135 of 1 July 1987 concerning the granting of benefits in kind provided for in Article 17(7) and Article 60(6) of Council Regulation (EEC) No 574/72 and the concepts of urgency within the meaning of Article 20 of Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Article 17(7) and Article 60(6) of Regulation (EEC) No 574/72 (OJ L 143, 8.6.1999, p. 11)

4.57. 399 D 371 Decision No 172 of 9 December 1998 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 101) (OJ L 143, 8.6.1999, p. 13)

4.58. 300 D 129 (01) Decision No 173 of 9 December 1998 concerning the common arrangements adopted by the Member States, for the purposes of reimbursement between institutions following the introduction of the euro unit (OJ C 27, 29.1.2000, p. 21)

4.59. 300 D 141 Decision No 174 of 20 April 1999 concerning the interpretation of Article 22a of Regulation (EEC) No 1408/71 (OJ L 47, 19.2.2000, p. 30)

4.60. 300 D 142 Decision No 175 of 23 June 1999 on interpretation of the concept of 'benefits in kind' in the event of sickness or maternity pursuant to Article 19(1) and (2), Article 22, Article 22a, Article 22b, Article 25(1), (3) and (4), Article 26, Article 28(1), Article 28a, Article 29, Article 31, Article 34a and Article 34b of Council Regulation (EEC) No 1408/71 and on calculation of the amounts to be refunded under Articles 93, 94 and 95 of Regulation (EEC) No 574/72 as well as the advances to be paid pursuant to Article 102(4) of the same Regulation (OJ L 47, 19.2.2000, p. 32)

4.61. 300 D 582 Decision No 176 of 24 June 1999 concerning the reimbursement by the competent institution in a Member State of the costs incurred during a stay in another Member State by means of the procedure referred to in Article 34(4) of Regulation (EEC) No 574/72 (96/249/EC) (OJ L 243, 28.9.2000, p. 42)

4.62. 300 D 748 Decision No 177 of 5 October 1999 on the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 128 and E 128 B) (OJ L 302, 1.12.2000, p. 65)

4.63. 300 D 749 Decision No 178 of 9 December 1999 on the interpretation of Article 111(1) and (2) of Regulation (EEC) No574/72 (OJ L 302, 1.12.2000, p. 71)

4.64. 302 D 154 Decision No 179 of 18 April 2000 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 111, E 111 B, E 113 to E 118 and E 125 to E 127) (OJ L 54, 25.2.2002, p. 1)

4.65. 301 D 70 Decision No 180 of 15 February 2000 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 211 E 212) (OJ L 23, 25.1.2001, p. 33)

4.66. 301 D 891 Decision No 181 of 13 December 2000 concerning the interpretation of Articles 14(1), 14a(1) and 14b(1) and (2) of Council Regulation (EEC) No 1408/71 on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (OJ L 329, 14.12.2001, p. 73)

4.67. 301 D 655 Decision No 182 of 13 December 2000 concerning the establishment of a common framework for the collection of data on the settlement of pension claims (OJ L 230, 28.8.2001, p. 20)

4.68. 302 D 155 Decision No 183 of 27 June 2001 on the interpretation of Article 22(1)(a) of Council Regulation (EEC) No 1408/71, concerning health care in conjunction with pregnancy and childbirth (OJ L 54, 25.2.2002, p. 39)."