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Brussels, 21.9.2007

SEC(2007) 1164 final/2

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Annule et remplace le document SEC(2007)1164 final du 18.9.2007
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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 of the Internal Market, 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 new Community acquis in field of Social Security. The decision concerns the following Regulations:

32005 R 0647: Regulation (EC) N°647/2005 of the European Parliament and of the Council of 13 April 2005 (OJ L 117, 4.5.2005, p. 1) and

32006 R 0629: Regulation (EC) N°629/2006 of the European Parliament and of the Council of 5 April 2006 (OJ L 114, 27.4.2006, p. 1)

3.    The Joint Committee Decision incorporating Regulations (EC) Nos 647/2005 and 629/2006 into Annex VI of the EEA Agreement foresees several deletions as well as the replacement of an adaptation text in Annex VI which shall be explained in the following:

First, the Joint Committee Decision replaces adaptation (n) of point 1 (Council Regulation (EEC) No 1408/71). This replacement in fact deletes all points in adaptations (n) which foresee that there is no agreement between two EEA countries (i.e. “No convention” or “None”). Furthermore, it deletes points 331, 337, 345, 359, 370, 371 and 373 in adaptation (n) due to the fact that the agreements therein mentioned do not fulfil the conditions mentioned in Recital 4 of Regulation (EC) No 647/2005 (this concerns agreements between Liechtenstein – Germany, Liechtenstein – Italy, Liechtenstein – Austria, Norway – Greece, Norway – Netherlands, Norway – Austria and Norway – Portugal). At the same time, the remaining points are re-numbered and the text of these points is aligned with the wording used in Regulation (EC) No 647/2005.

Second, for the same reasons as mentioned above, adaptation (o) of point 1 (Council Regulation (EEC) No 1408/71) is deleted.

Third, the text of letters (a) and (c) under the heading “ZC. Norway” in adaptation (m) of point 1 (Council Regulation (EEC) No 1408/71) is deleted in line with the Commission’s interpretation of the amended Article 4(2a) of Regulation (EEC) No 1408/71. However, this shall be without prejudice to the possibility of reconsidering the deletion of these two entries in case the European Court of Justice will dismiss, partly or as a whole, the application of the Commission in the case C-299/05.

Fourth, Liechtenstein has requested to delete the text of paragraph 1 under the heading ‘ZB. LIECHTENSTEIN’ in adaptation (t) of point 1 (Council Regulation (EEC) No 1408/71). The reason put forward by Liechtenstein is the following:

This entry was necessary because of the so-called “insurance clause” which was in force when Liechtenstein joined the EEA in 1995. According to the Liechtenstein legislation in 1995, invalidity pensions by the Liechtenstein Invalidity Insurance could only by granted if the applicant was insured with the Liechtenstein Invalidity Insurance on the very date on which the risk materialized (i.e. on the very date on which the person became disabled). This provision of the national law (“insurance clause”) was in conflict with the right to free movement of persons – therefore paragraph (1) under the heading ‘ZB. LIECHTENSTEIN’ in adaptation (t) was foreseen in Annex VI.

On 1 May 2001 the national provisions have been amended. The so-called “insurance clause” is now met if the applicant on the date on which s/he becomes invalid meets any of the following conditions: (a) the person is insured with the Liechtenstein Invalidity Insurance or (b) the person either lives or works in a state with which Liechtenstein has entered social security agreements or (c) the person is insured with the National Insurance of any state with which Liechtenstein has entered social security agreements or (d) the person has at the time of the pension application completed 25% of the contribution period which a person of the same age could have completed if that person was at all times (i.e. as of the age of 20 until the time of the pension application) insured with the Liechtenstein Invalidity Insurance.

In the meaning of lit. (b) and (c), Regulation (EEC) No 1408/71 would be considered as a social security agreement. When applying lit. (d), contribution periods in any EEA State are taken into consideration. It can therefore be concluded that the current paragraph (1) under the heading ‘ZB. LIECHTENSTEIN’ in adaptation (t) with regard to Council Regulation (EEC) No 1408/71 is no longer necessary and can be deleted.

Finally, the text of adaptation (n) in point 2 (Council Regulation (EEC) No 574/72) is deleted as Regulation (EC) No 647/2005 deletes Annex 11 to Regulation (EEC) No 574/72.

4.    Furthermore, it is the view of the Commission Services that the existing adaptation to Annex IIa for Liechtenstein in point ZB.d) “helplessness allowance” should have been deleted since it seems to be contrary to the aim of Regulation 647/2005. However, the adaptation has been maintained, but the Commission follows closely the legal action that the EFTA Surveillance Authority has taken against Liechtenstein on this matter.

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

6.    The draft Decision of the EEA Joint Committee is submitted for the approval of the Council. The Commission aims to put forward the position of the Community in the EEA Joint Committee as soon as possible after the adoption of the Council.

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 amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

(1)Annex VI to the Agreement was amended by Decision of the EEA Joint Committee No …/… of … 1 .

(2)Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 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 is to be incorporated into the Agreement.

(3)Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006 amending Council 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 Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 3 is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

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

1.The following indents shall be added:

‘-32005 R 0647: Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 (OJ L 117, 4.5.2005, p. 1),

-32006 R 0629: Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006 (OJ L 114, 27.4.2006, p. 1).’

2.The text of adaptation (n) shall be replaced by the following:

‘The following shall be added to Annex III(A):

32.ICELAND – DENMARK

Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.

33.ICELAND – FINLAND

Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.

34.ICELAND – SWEDEN

Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.

35.ICELAND – NORWAY

Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.

36.NORWAY – DENMARK

Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.

37.NORWAY – FINLAND

Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.

38.NORWAY – SWEDEN

Article 10 of the Nordic Convention on Social Security of 15 June 1992, concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.’

3.The text of letters (a) and (c) under the heading ‘ZC. Norway’ in adaptation (m) shall be deleted.

4.The text of adaptation (o) shall be deleted.

5.The text of paragraph 1 under the heading ‘ZB. LIECHTENSTEIN’ in adaptation (t) shall be deleted.

Article 2

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

1.The following indents shall be added:

‘-32005 R 0647: Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 (OJ L 117, 4.5.2005, p. 1),

-32006 R 0629: Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006 (OJ L 114, 27.4.2006, p. 1).’

2.The text of adaptation (n) shall be deleted.

Article 3

The texts of Regulations (EC) Nos 647/2005 and 629/2006 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 […], provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee 4*.

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) OJ L …

(2) OJ L 117, 4.5.2005, p. 1.

(3) OJ L 114, 27.4.2006, p. 1.

(4) *[No constitutional requirements indicated.] [Constitutional requirements indicated.]