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Document 22006D0652
2006/652/EC: Decision No 1/2006 of the EU-Swiss Joint Committee of 6 July 2006 amending Annex II (Social Security) to 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
2006/652/EC: Decision No 1/2006 of the EU-Swiss Joint Committee of 6 July 2006 amending Annex II (Social Security) to 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
2006/652/EC: Decision No 1/2006 of the EU-Swiss Joint Committee of 6 July 2006 amending Annex II (Social Security) to 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
OJ L 270, 29.9.2006, p. 67–71
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
OJ L 142M, 5.6.2007, p. 188–192
(MT)
In force
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29.9.2006 |
EN |
Official Journal of the European Union |
L 270/67 |
DECISION No 1/2006 OF THE EU-SWISS JOINT COMMITTEE
of 6 July 2006
amending Annex II (Social Security) to 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
(2006/652/EC)
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 Articles 14 and 18 thereof,
Whereas:
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(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. |
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(2) |
Annex II to the Agreement, as amended by Decision No 2/2003 of the EU-Swiss Joint Committee of 15 July 2003 amending Annex II (Social Security) to 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 (1), refers in particular to Council Regulations (EEC) No 1408/71 (2) and (EEC) No 574/72 (3), as updated by Regulation (EC) No 118/97 (4) as well as to subsequent amending Regulations, including Regulation (EC) No 1386/2001 of the European Parliament and of the Council (5) and Commission Regulation (EC) No 410/2002 (6). |
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(3) |
Regulations (EEC) No 1408/71 and (EEC) No 574/72 have, since the adoption of Decision 2/2003 of the EU-Swiss Joint Committee, been amended twice. Consequently, it is now necessary to incorporate the relevant amending acts, namely Commission Regulation (EC) No 1851/2003 (7) and Regulation (EC) No 631/2004 of the European Parliament and of the Council (8), into the Agreement, and more specifically into Annex II thereto. |
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(4) |
The option to request exemption from compulsory Swiss sickness insurance should be offered to pensioners who receive a Swiss pension and who reside in Portugal as they will be covered by the Portuguese sickness insurance. |
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(5) |
Persons who reside in France and who are insured under the Swiss sickness insurance scheme despite the possibility to ask for exemption should have access to healthcare in France and in Switzerland. |
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(6) |
It needs to be indicated that Switzerland does not have a scheme which provides only for family allowances or supplementary or special allowances for orphans. |
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(7) |
Annex II needs to be amended to list the competent German institution and liaison body regarding pension insurance in relation to Switzerland. |
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(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. |
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(9) |
It is in the interest 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. |
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(10) |
Amendments to Annex II which insert the reference to Regulation (EC) No 631/2004 and which refer to the possibility of exempting pensioners residing in Portugal from Swiss compulsory insurance should take effect as from 1 June 2004, and amendments which concern the possibility for persons residing in France to access healthcare in Switzerland should take effect as from 1 January 2004, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex II to the Agreement shall be 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.
However:
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— |
provisions of this Decision which insert the reference to Regulation (EC) No 631/2004, as well as those regarding Point 3(b) of Annex II to the Agreement, extending the possibility of exemption from Swiss compulsory insurance for pensioners residing in Portugal shall take effect on 1 June 2004; |
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provisions of this Decision regarding Point 4 of Annex II to the Agreement offering access to healthcare in Switzerland to persons who are covered by the Swiss sickness insurance scheme and who reside in France shall take effect on 1 January 2004. |
Done at Brussels, 6 July 2006.
For the Joint Committee
The Chairman
Dieter GROSSEN
(1) OJ L 187, 26.7.2003, p. 55.
(5) OJ L 187, 10.7.2001, p. 1.
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 hereby amended as follows:
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1. |
The following is added under the Title ‘Section A: Acts referred to’ under point 1 ‘Regulation (EEC) No 1408/71’ as the last entry. ‘304 R 631: Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004 amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community, and Council Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71, in respect of the alignment of rights and the simplification of procedures (OJ L 100, 6.4.2004, p. 1).’ |
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2. |
Under the heading ‘For the purposes of this Agreement, the Regulation shall be amended as follows:’, point 1 of Section A of Annex II of the Agreement is amended as follows:
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3. |
The following references are inserted under the Title ‘Section A: Acts referred to’ under point 2, ‘Regulation (EEC) No 574/72’:
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4. |
Under the heading ‘For the purposes of this Agreement, the Regulation shall be amended as follows:’, point 2 of Section A of Annex II of the Agreement is amended as follows:
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5. |
Section B of Annex II is amended as follows:
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6. |
In Section C: ‘Acts of which the contracting parties shall take note’ after No 6.4 the following new number is added: ‘6.5: Recommendation No 23 of 29 October 2003 on the processing of pension claims (OJ L 104, 8.4.2004, p. 125).’ |