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Document 22011D0076
Decision of the EEA Joint Committee No 76/2011 of 1 July 2011 amending Annex VI (Social security) and Protocol 37 to the EEA Agreement
Decision of the EEA Joint Committee No 76/2011 of 1 July 2011 amending Annex VI (Social security) and Protocol 37 to the EEA Agreement
Decision of the EEA Joint Committee No 76/2011 of 1 July 2011 amending Annex VI (Social security) and Protocol 37 to the EEA Agreement
OJ L 262, 6.10.2011, p. 33–43
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
Date of entry into force unknown (pending notification) or not yet in force.
6.10.2011 |
EN |
Official Journal of the European Union |
L 262/33 |
DECISION OF THE EEA JOINT COMMITTEE
No 76/2011
of 1 July 2011
amending Annex VI (Social security) and Protocol 37 to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Articles 98 and 101 thereof,
Whereas:
(1) |
Annex VI to the Agreement was amended by Decision of the EEA Joint Committee No 82/2009 of 3 July 2009 (1). |
(2) |
Protocol 37 to the Agreement was amended by Decision of the EEA Joint Committee No 92/2010 of 2 July 2010 (2). |
(3) |
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3), as corrected by OJ L 200, 7.6.2004, p. 1 and OJ L 204, 4.8.2007, p. 30, should be incorporated into the Agreement. |
(4) |
Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes (4) should be incorporated into the Agreement. |
(5) |
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (5) should be incorporated into the Agreement. |
(6) |
Decision No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Council Regulation (EC) No 883/2004 of the European Parliament and of the Council (6) should be incorporated into the Agreement. |
(7) |
Decision No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (7) should be incorporated into the Agreement. |
(8) |
Decision No E1 of 12 June 2009 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (8) should be incorporated into the Agreement. |
(9) |
Decision No F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits (9) should be incorporated into the Agreement. |
(10) |
Decision No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems (10) should be incorporated into the Agreement. |
(11) |
Decision No H2 of 12 June 2009 concerning the methods of operation and the composition of the Technical Commission for data processing of the Administrative Commission for the coordination of social security systems (11) should be incorporated into the Agreement. |
(12) |
Decision No P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European Parliament and of the Council for the award of invalidity, old-age and survivor’s benefits (12) should be incorporated into the Agreement. |
(13) |
Decision No S1 of 12 June 2009 concerning the European Health Insurance Card (13) should be incorporated into the Agreement. |
(14) |
Decision No S2 of 12 June 2009 concerning the technical specifications of the European Health Insurance Card (14) should be incorporated into the Agreement. |
(15) |
Decision No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A)(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council (15) should be incorporated into the Agreement. |
(16) |
Decision No U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council relating to increases in unemployment benefit for dependent members of the family (16) should be incorporated into the Agreement. |
(17) |
Decision No U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the right to unemployment benefits of wholly unemployed persons other than frontier workers who were resident in the territory of a Member State other than the competent Member State during their last period of employment or self-employment (17) should be incorporated into the Agreement. |
(18) |
Decision No U3 of 12 June 2009 concerning the scope of the concept of ‘partial unemployment’ applicable to the unemployed persons referred to in Article 65(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council (18) should be incorporated into the Agreement. |
(19) |
Recommendation No P1 of 12 June 2009 concerning the Gottardo judgment, according to which the advantages enjoyed by a State’s own nationals under a bilateral convention on social security with a non-member country must also be granted to workers who are nationals of other Member States (19) should be incorporated into the Agreement. |
(20) |
Recommendation No U1 of 12 June 2009 concerning the legislation applicable to unemployed persons engaging in part-time professional or trade activity in a Member State other than the State of residence (20) should be incorporated into the Agreement. |
(21) |
Recommendation No U2 of 12 June 2009 concerning the application of Article 64(1)(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council to unemployed persons accompanying their spouses or partners pursuing a professional or trade activity in a Member State other than the competent State (21) should be incorporated into the Agreement. |
(22) |
For the Agreement to function well, Protocol 37 thereto should be amended to include the Administrative Commission for the coordination of social security systems set up by Regulation (EC) No 883/2004 and Annex VI should be amended in order to specify the procedures for association with that Commission and the bodies attached to it. |
(23) |
Regulation (EC) No 883/2004 repeals Council Regulation (EEC) No 1408/71 (22), which is incorporated into the Agreement and which should consequently be repealed under the Agreement. |
(24) |
Regulation (EC) No 987/2009 repeals, with effect from 1 May 2010, Council Regulation (EEC) No 574/72 (23), which is incorporated into the Agreement and which should consequently be repealed under the Agreement. |
(25) |
All acts under the headings ‘Acts of which the Contracting Parties shall take due account’ and ‘Acts of which the Contracting Parties shall take note’ are obsolete and should consequently be repealed under the Agreement, |
HAS ADOPTED THIS DECISION:
Article 1
Annex VI to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The text of point 5 (Administrative Commission on Social Security for Migrant Workers) of Protocol 37 (containing the list provided for in Article 101) to the Agreement shall be replaced by the following:
‘Administrative Commission for the coordination of social security systems (Regulation (EC) No 883/2004 of the European Parliament and of the Council).’.
Article 3
The texts of Regulations (EC) No 883/2004, as corrected by OJ L 200, 7.6.2004, p. 1 and OJ L 204, 4.8.2007, p. 30, (EC) No 987/2009 and (EC) No 988/2009, of Decisions Nos A1, A2, E1, F1, H1, H2, P1, S1, S2, S3, U1, U2 and U3, and of Recommendations No P1, U1 and U2 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 4
This Decision shall enter into force on the day following the last notification to the EEA Joint Committee pursuant to Article 103(1) of the Agreement (*1).
Article 5
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 1 July 2011.
For the EEA Joint Committee
The President
Kurt JÄGER
(1) OJ L 277, 22.10.2009, p. 34.
(2) OJ L 277, 21.10.2010, p. 46.
(3) OJ L 166, 30.4.2004, p. 1.
(4) OJ L 284, 30.10.2009, p. 43.
(5) OJ L 284, 30.10.2009, p. 1.
(6) OJ C 106, 24.4.2010, p. 1.
(7) OJ C 106, 24.4.2010, p. 5.
(8) OJ C 106, 24.4.2010, p. 9.
(9) OJ C 106, 24.4.2010, p. 11.
(10) OJ C 106, 24.4.2010, p. 13.
(11) OJ C 106, 24.4.2010, p. 17.
(12) OJ C 106, 24.4.2010, p. 21.
(13) OJ C 106, 24.4.2010, p. 23.
(14) OJ C 106, 24.4.2010, p. 26.
(15) OJ C 106, 24.4.2010, p. 40.
(16) OJ C 106, 24.4.2010, p. 42.
(17) OJ C 106, 24.4.2010, p. 43.
(18) OJ C 106, 24.4.2010, p. 45.
(19) OJ C 106, 24.4.2010, p. 47.
(20) OJ C 106, 24.4.2010, p. 49.
(21) OJ C 106, 24.4.2010, p. 51.
(22) OJ L 149, 5.7.1971, p. 2.
(23) OJ L 74, 27.3.1972, p. 1.
(*1) Constitutional requirements indicated.
ANNEX
The text of Annex VI to the Agreement shall be replaced by the following:
‘INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedures which are specific to the Community legal order, such as
— |
preambles, |
— |
the addressees of the Community acts, |
— |
references to territories or languages of the EC, |
— |
references to rights and obligations of EC Member States, their public entities, undertakings or individuals in relation to each other; and |
— |
references to information and notification procedures, |
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex.
SECTORAL ADAPTATIONS
I. |
For the purposes of this Annex and notwithstanding the provisions of Protocol 1, the term “Member State(s)” contained in the acts referred to shall be understood to include, in addition to its meaning in the relevant EC acts, Iceland, Liechtenstein and Norway. |
II. |
In applying the provisions of the acts referred to in this Annex for the purposes of the present Agreement, the rights and duties conferred upon the Administrative Commission for the coordination of social security systems attached to the EC Commission and the rights and duties conferred upon the Audit Board and upon the Technical Commission for data processing, both attached to the said Administrative Commission, shall be assumed, according to the provisions of Part VII of the Agreement, by the EEA Joint Committee. |
I. GENERAL SOCIAL SECURITY COORDINATION
ACTS REFERRED TO
1. |
32004 R 0883: Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1), as corrected by OJ L 200, 7.6.2004, p. 1 and OJ L 204, 4.8.2007, p. 30, as amended by:
The provisions of Regulation (EC) No 883/2004 shall, for the purposes of this Agreement, be adapted as follows:
MODALITIES FOR THE PARTICIPATION OF EFTA STATES IN THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS AND IN THE TECHNICAL COMMISSION FOR DATA PROCESSING AND IN THE AUDIT BOARD, BOTH ATTACHED TO THE ADMINISTRATIVE COMMISSION, IN ACCORDANCE WITH ARTICLE 101 OF THE AGREEMENT: Iceland, Liechtenstein and Norway may each send a representative, present in an advisory capacity (observer), to the meetings of the Administrative Commission for the coordination of social security systems, attached to the European Commission, and to the meetings of the Technical Commission for data processing and of the Audit Board, both attached to the Administrative Commission. |
2. |
32009 R 0987: Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
The provisions of Regulation (EC) No 987/2009 shall, for the purposes of this Agreement, be adapted as follows:
|
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT
3.1. |
32010 D 0424(01): Decision No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Council Regulation (EC) No 883/2004 of the European Parliament and of the Council (OJ C 106, 24.4.2010, p. 1). |
3.2. |
32010 D 0424(02): Decision No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (OJ C 106, 24.4.2010, p. 5). |
4.1. |
32010 D 0424(03): Decision No E1 of 12 June 2009 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (OJ C 106, 24.4.2010, p. 9). |
5.1. |
32010 D 0424(04): Decision No F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits (OJ C 106, 24.4.2010, p. 11). |
6.1. |
32010 D 0424(05): Decision No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems (OJ C 106, 24.4.2010, p. 13). |
6.2. |
32010 D 0424(06): Decision No H2 of 12 June 2009 concerning the methods of operation and the composition of the Technical Commission for data processing of the Administrative Commission for the coordination of social security systems (OJ C 106, 24.4.2010, p. 17). |
7.1. |
32010 D 0424(07): Decision No P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European Parliament and of the Council for the award of invalidity, old-age and survivor’s benefits (OJ C 106, 24.4.2010, p. 21). |
8.1. |
32010 D 0424(08): Decision No S1 of 12 June 2009 concerning the European Health Insurance Card (OJ C 106, 24.4.2010, p. 23). |
8.2. |
32010 D 0424(09): Decision No S2 of 12 June 2009 concerning the technical specifications of the European Health Insurance Card (OJ C 106, 24.4.2010, p. 26).
The provisions of Decision No S2 shall, for the purposes of this Agreement, be read with the following adaptation: Notwithstanding point 3.3.2 of the Annex to the Decision, the EFTA States shall nevertheless have the possibility to insert the European stars on the European Health Insurance Cards to be issued by them. |
8.3. |
32010 D 0424(10): Decision No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A)(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council (OJ C 106, 24.4.2010, p. 40). |
9.1. |
32010 D 0424(11): Decision No U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council relating to increases in unemployment benefit for dependent members of the family (OJ C 106, 24.4.2010, p. 42). |
9.2. |
32010 D 0424(12): Decision No U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the right to unemployment benefits of wholly unemployed persons other than frontier workers who were resident in the territory of a Member State other than the competent Member State during their last period of employment or self-employment (OJ C 106, 24.4.2010, p. 43). |
9.3. |
32010 D 0424(13): Decision No U3 of 12 June 2009 concerning the scope of the concept of “partial unemployment” applicable to the unemployed persons referred to in Article 65(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council (OJ C 106, 24.4.2010, p. 45). |
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE
10.1. |
32010 H 0424(01): Recommendation No P1 of 12 June 2009 concerning the Gottardo judgment, according to which the advantages enjoyed by a State’s own nationals under a bilateral convention on social security with a non-member country must also be granted to workers who are nationals of other Member States (OJ C 106, 24.4.2010, p. 47). |
11.1. |
32010 H 0424(02): Recommendation No U1 of 12 June 2009 concerning the legislation applicable to unemployed persons engaging in part-time professional or trade activity in a Member State other than the State of residence (OJ C 106, 24.4.2010, p. 49). |
11.2. |
32010 H 0424(03): Recommendation No U2 of 12 June 2009 concerning the application of Article 64(1)(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council to unemployed persons accompanying their spouses or partners pursuing a professional or trade activity in a Member State other than the competent State (OJ C 106, 24.4.2010, p. 51). |
II. SAFEGUARDING OF SUPPLEMENTARY PENSION RIGHTS
ACTS REFERRED TO
12. |
398 L 0049: Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46).’ |