EN    EN EN 
EN    EN  EUROPEAN COMMISSION 
Brussels, 8.3.2011 
SEC(2011) 261 final 
2010/0245 (NLE)   
Amended proposal for a 
COUNCIL DECISION 
of 8.3.2011 
on the position to be taken by the Eu ropean Union in the EEA Joint Committee 
concerning an amendment to Annex VI (Soc ial Security) and Protocol 37 to the EEA 
Agreement 
EN 1   EN EXPLANATORY MEMORANDUM  
1. In order to ensure the requisite legal security and homogeneity of the Internal 
Market, the EEA Joint Committee is to integr ate all the relevant EU legislation into 
the EEA Agreement as soon as  possible after its adoption. 
2. To that end, the Commission transmitted to the Council on 9 September 2010 the 
Commission proposal for a Council Decision1, establishing the EU position on a 
draft Decision of the EEA Joint Committee aiming at amending Annex VI (social security) of the EEA Agreement by addi ng new EU acquis in this field. This 
concerns Regulation 883/2004/EC of the Eur opean Parliament and of the Council of 
29 April 2004, Regulation 988/2009 of the Europ ean Parliament and of the Council 
of 16 September 2009 and Regulation 987/2009/ EC of the European Parliament and 
Council of 16 September 2009 on the coordinati on of social security systems. In 
addition, the draft Decision cont ains provisions to include a number of decisions and 
recommendations of the Administrative Commission. The draft decision furthermore 
contains provisions to amend Protocol 37 to include in its list of Committees the 
Administrative Commission fo r the coordination of so cial security systems 
(Regulation (EC) No 883/2004 of the European Parliament and Council). 
3. The originally transmitted draft Co mmission proposal for a Council Decision was 
based on articles 218(9), 48 and 352 TFEU. Th is legal basis needs to be amended. 
The Lisbon Treaty extended the competen ce set out in Article 48 TFEU, which 
empowers the Union to coordi nate the social security system of Member States, to 
self-employed migrant workers. Thus, after the entry into force of the Lisbon Treaty, 
it is not necessary to rely on Article 352 TFEU as legal basis in order to cover this 
group of persons. The legal basis should thus  be limited to exclus ively article 218(9) 
TFEU covering the procedure to be followe d and article 48 TFEU which now covers 
all the substantial elements of the releva nt acquis. This has been confirmed by the 
jurisprudence of the Eur opean Court of Justice. 
4. The amended draft Commission proposal for a Council Decision on the position to 
be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex VI (Social Security) an d Protocol 37 to the EEA Agreement, in 
annex, replaces the draft Commission propos al for a Council Decision transmitted on 
9 September 2010. 
5. Article 1(3) of Council Regulation (EC)  No 2894/94 concerning arrangements for 
implementing the EEA Agreement provides th at the Council establishes the position 
to be adopted on the Union’s behalf on su ch Decisions, on a proposal from the 
Commission. 
6. The Commission submits the draft Deci sion of the EEA Joint Committee for 
adoption by the Council as the Union’s posit ion. The Commission would hope to be 
able to present it in the EEA Joint Co mmittee at the earliest possible opportunity. 
                                                
 
1 SEC(2010)1013final 
EN 2   EN 2010/0245 (NLE) 
Amended proposal for a 
COUNCIL DECISION 
of 8.3.2011 
on the position to be taken by the Eu ropean Union in the EEA Joint Committee 
concerning an amendment to Annex VI (Soc ial Security) and Protocol 37 to the EEA 
Agreement 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Articles 218(9) and 48 thereof, 
Having regard to Council Regulation (EC)  No 2894/94 of 28 November 1994 concerning 
arrangements for implementing the Agreement on the European Economic Area2, and in 
particular Article 1(3) thereof, 
Having regard to the proposal from the Commission, Whereas: (1) Annex VI to the EEA Agreement contai ns specific provisions and arrangements 
concerning social security and Protocol 37 contains a list of Committees where EEA 
EFTA States participate. 
(2) It is appropriate to include Regulation 883/2004/EC of the European  Parliament and of 
the Council of 29 April 2004, Regulation 988/20 09 of the European Parliament and of 
the Council of 16 September 2009 and Regulation 987/2009/EC of the European 
Parliament and Council of 16 September 2009 on the coordination of social security 
systems in the Agreement. In addition, it is appropriate to include a number of 
decisions and recommendations of the Ad ministrative Commission. Furthermore, 
Protocol 37 should be amended to include in its list of Co mmittees the Administrative 
Commission for the coordination of social security systems (Regulation (EC) No 
883/2004 of the European Parliament and Council. 
(3) It is necessary, therefore, to  amend Annex VI and Protocol 37, 
                                                
 
2 OJ L 305, 30.11.1994, p. 6.  
EN 3   EN HAS ADOPTED THIS DECISION:  
Sole Article 
The position to be taken by the European Uni on in the EEA Joint Co mmittee on an envisaged 
amendment to Annex VI - Social Security as well to Protocol 37 to the EEA Agreement is 
laid down in the Annex to this Decision. 
Done at Brussels, 8.3.2011 
 For the Council 
 The President 
EN 4   EN ANNEX  
Draft  
DECISION OF THE EEA JOINT COMMITTEE  
No 
of 
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 …/… 
of …
3. 
(2) Protocol 37 to the Agreement was amende d by Decision of the EEA Joint Committee No…/… 
of …4. 
(3) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 
on the coordination of social security systems5, as corrected by OJ L 200, 7.6.2004, p. 1 and 
OJ L 204, 4.8.2007, p. 30, is to be incorporated into the Agreement. 
(4) Regulation (EC) No 988/2009 of the European Pa rliament and of the Council of 16 September 
2009 amending Regulation (EC) No 883/2004 on the co ordination of social security systems, 
and determining the content of its Annexes6 is to be incorporated into the Agreement. 
(5) Regulation (EC) No 987/2009 of the European Pa rliament and of the Council of 16 September 
2009 laying down the procedure for implem enting Regulation (EC) No 883/2004 on the 
coordination of social security systems7 is to be incorporated into the Agreement. 
(6) Decision No A1 of 12 June 2009 concerning th e establishment of a dialogue and conciliation 
procedure concerning the validity of documents, th e 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
8 is to be incorporated into the Agreement. 
(7) Decision No A2 of 12 June 2009 concerning th e interpretation of Article 12 of Regulation 
(EC) No 883/2004 of the European  Parliament and of the Council on the legislat ion applicable 
                                                 
3 OJ L … 
4 OJ L … 
5 OJ L 166, 30.4.2004, p. 1. 
6 OJ L 284, 30.10.2009, p. 43. 
7 OJ L 284, 30.10.2009, p. 1. 
8 OJ C 106, 24.4.2010, p. 1. 
EN 5   EN to posted workers and self-employed workers temporarily working outside the competent 
State9 is to be incorporated into the Agreement. 
(8) Decision No E1 of 12 June 2009 concerning th e practical arrangements for the transitional 
period for the data exchange via electronic mean s referred to in Article 4 of Regulation (EC) 
No 987/2009 of the European Parliament and of the Council10 is to be incorporated into the 
Agreement. 
(9) Decision No F1 of 12 June 2009 concerning th e 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 benefits11 is to 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 Admi nistrative Commission for the coordination of 
social security systems12 is to 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 systems13 is to be incorporated into the Agreement. 
(12) Decision No P1 of 12 June 2009 on the inte rpretation of Articles 50(4), 58 and 87(5) of 
Regulation No 883/2004 of the European Parlia ment and of the Counc il for the award of 
invalidity, old-age and survivor’s benefits14 is to be incorporated into the Agreement. 
(13) Decision No S1 of 12 June 2009 concer ning the European Health Insurance Card15 is to be 
incorporated into the Agreement. 
(14) Decision No S2 of 12 June 2009 concerning the technical specificat ions of the European 
Health Insurance Card16 is to be incorporated into the Agreement. 
(15) Decision No S3 of 12 June 2009 defining the be nefits covered by Articl es 19(1) and 27(1) of 
Regulation (EC) No 883/2004 of the European Parliament and of th e Council and Article 
25(A)(3) of Regulation (EC) No 987/2009 of th e European Parliament and of the Council17 is 
to 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 rela ting to increases in une mployment benefit for 
dependent members of the family18 is to be incorporated into the Agreement. 
                                                 
9 OJ C 106, 24.4.2010, p. 5. 
10 OJ C 106, 24.4.2010, p. 9. 
11 OJ C 106, 24.4.2010, p. 11. 
12 OJ C 106, 24.4.2010, p. 13. 
13 OJ C 106, 24.4.2010, p. 17. 
14 OJ C 106, 24.4.2010, p. 21. 
15 OJ C 106, 24.4.2010, p. 23. 
16 OJ C 106, 24.4.2010, p. 26. 
17 OJ C 106, 24.4.2010, p. 40. 
18 OJ C 106, 24.4.2010, p. 42. 
EN 6   EN (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 th an frontier workers who were resident in the 
territory of a Member State other than the comp etent Member State during their last period of 
employment or self-employment
19 is to be incorporated into the Agreement. 
(18) Decision No U3 of 12 June 2009 concer ning 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 Eur opean Parliament and of the Council20 is to be 
incorporated into the Agreement. 
(19) Recommendation No P1 of 12 June 2009 c oncerning the Gottardo ju dgment, according to 
which the advantages enjoyed by a State’s ow n nationals under a bila teral convention on 
social security with a non-member country must  also be granted to workers who are nationals 
of other Member States21 is to be incorporated into the Agreement. 
(20) Recommendation No U1 of 12 June 2009 concer ning the legislation applicable to unemployed 
persons engaging in part-time pr ofessional or trade activity in a Member State other than the 
State of residence22 is to be incorporated into the Agreement. 
(21) Recommendation No U2 of 12 June 2009 con cerning the application of  Article 64(1)(a) of 
Regulation (EC) No 883/2004 of the European Pa rliament 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 State23 is to be incorporated into the Agreement. 
(22) For the Agreement to function well, Protocol 37 to the Agreemen t is to be amended to include 
the Administrative Commission for the coordina tion of social security systems set up by 
Regulation (EC) No 883/2004 and Annex VI is to be amended in order to specify the 
procedures for association with this Co mmission and the bodies attached to it. 
(23) Regulation (EC) No 883/2004 repe als Council Regulation (EEC) No 1408/7124, which is 
incorporated into the Agreement and which is  consequently to be  repealed under the 
Agreement. 
(24) Regulation (EC) No 987/2009 repeals, w ith effect from 1 May 2010, Council Regulation 
(EEC) No 574/7225, which is incorporated into the Agreement and which is consequently to be 
repealed under the Agreement. 
(25) All acts under the headings “Acts of which the Contracting Pa rties shall take due account” and 
“Acts of which the Contracting Parties shall take  note” are obsolete and are consequently to be 
repealed under the Agreement, 
HAS DECIDED AS FOLLOWS: 
                                                 
19 OJ C 106, 24.4.2010, p. 43. 
20 OJ C 106, 24.4.2010, p. 45. 
21 OJ C 106, 24.4.2010, p. 47. 
22 OJ C 106, 24.4.2010, p. 49. 
23 OJ C 106, 24.4.2010, p. 51. 
24 OJ L 149, 5.7.1971, p. 2. 
25 OJ L 74, 27.3.1972, p. 1. 
EN 7   EN 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 So cial 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) Nos 883/2004, as corrected by OJ L 200, 7.6.2004, p. 1 and OJ L 204, 
4.8.2007, p. 30, 987/2009 and 988/2009, Decisions Nos A1, A 2, E1, F1, H1, H2, P1, S1, S2, S3, U1, 
U2 and U3, and Recommendations No P1, U1 and U2 in the Icelandic and Norw egian 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 fo llowing the last notification to the EEA Joint 
Committee under Article 103(1) of the Agreement*. 
Article 5 
This Decision shall be publishe d in the EEA Section of, and in the EEA Supplement to, the Official 
Journal of the European Union . 
Done at Brussels, .  For the EEA Joint Committee  
The President  
  
 The Secretaries  
to the EEA Joint Committee  
                                                
 
* [No constitutional requirements indicated.][Constitutional requirements indicated.] 
EN 8   EN ANNEX  
to Decision of the EEA Joint Committee No […] 
The text of Annex VI to the Agreemen t shall be replaced by the following: 
‘INTRODUCTION 
When the acts referred to in this Annex contai n 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 adapta tions shall apply, unless otherwis e provided for in this Annex. 
SECTORAL
 ADAPTATIONS 
I. For the purposes of this Annex and notwithstanding the pr ovisions of Protocol 1, the 
term ‘Member State(s)’ contained in the acts referred to sha ll be understood to 
include, in addition to its m eaning in the relevant EC act s, Iceland, Liechtenstein and 
Norway. 
II. In applying the provisions of the acts referre d to in this Annex fo r the purposes of the 
present Agreement, the rights and du ties conferred upon the Administrative 
Commission for the coordinati on of social security systems attached to the EC 
Commission and the rights and duties c onferred upon the Audit Board and upon the 
Technical Commission for data processing, bo th 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: 
- 32009 R 0988 : Regulation (EC) No 988/2009 of the European Parliament and 
of the Council of 16 September 2009 (OJ L 284, 30.10.2009, p. 43). 
EN 9   EN The provisions of the Regulation shall, for the purposes of this Agreement, be read 
with the following adaptations: 
(a) The following subparagraph shall be added to Article 87(10):  
 “With regard to Liechtenstein, the provisi ons of the second se ntences of Article 
65(2) and (3) shall be applicable at the latest as from 1 May 2012.”; 
(b) The following shall be added to Annex I(I): 
“ICELAND  
 Advances of maintenance payments under the Act on Social Security No 
100/2007.   LIECHTENSTEIN   Advances of maintenance payments under the Law on the grant of advances of maintenance payments of 21 June 1989 as amended.   NORWAY   Advance payment of child maintena nce under the Advance payment of 
child maintenance Act of 17 February 1989 No. 2.”; 
(c) The following shall be added to Annex I(II):  
 “ICELAND   Lump sum grants intended to offset the cost of international adoption pursuant 
to the Act on Adoption Grants No 152/2006.  
 NORWAY   Lump sum grants payable at  childbirth pursuant to the National Insurance Act.
   Lump sum grants payable at adoption pur suant to the National Insurance Act.”; 
(d) The following shall be added to Annex II:  
 “ICELAND – DENMARK   Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expe nses in case of sickness during stay in 
another Nordic country increasing the cost  of return travel to the country of 
residence).   ICELAND – FINLAND   Article 7 of the Nordic Convention on social security of 18 August 2003 
EN 10   EN (concerning coverage of extra travel expe nses in case of sickness during stay in 
another Nordic country increasing the cost  of return travel to the country of 
residence).   ICELAND – SWEDEN   Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expe nses in case of sickness during stay in 
another Nordic country increasing the cost  of return travel to the country of 
residence).   ICELAND – NORWAY   Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expe nses in case of sickness during stay in 
another Nordic country increasing the cost  of return travel to the country of 
residence).   NORWAY – DENMARK   Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expe nses in case of sickness during stay in 
another Nordic country increasing the cost  of return travel to the country of 
residence).   NORWAY – FINLAND  
 
Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expe nses in case of sickness during stay in 
another Nordic country increasing the cost  of return travel to the country of 
residence).   NORWAY – SWEDEN   Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expe nses in case of sickness during stay in 
another Nordic country increasing the cost  of return travel to the country of 
residence).”;  
(e) The following shall be added to Annex III:  
 “ICELAND   NORWAY”; 
(f) The following shall be added to Annex IV:  
 “ICELAND   LIECHTENSTEIN”; 
EN 11   EN (g) The following shall be added to Annex VIII, Part 1:  
 “ICELAND   All applications from the old-age basi c scheme and the defined benefit State 
employee scheme.   LIECHTENSTEIN   All applications for pensions of th e old-age, survivors’ and invalidity 
insurances from the statutory pension sche me as well as for old-age, survivors’ 
and invalidity pensions from the occupa tional scheme as far as the regulations 
of the respective pension fund do not c ontain provisions concerning reduction.
   NORWAY   All applications for old age pension, ex cept pensions mentioned in Annex IX.”; 
(h) The following shall be added to Annex VIII, Part 2:  
 “ICELAND   Old-age employment pension scheme.   LIECHTENSTEIN   
Old-age, survivors’ and invalidity pens ions from the occupational scheme.”; 
(i) The following shall be added to Annex IX(I):  
 “ICELAND   Child pension in accordance with the Ac t on Social Security No 100/2007 and 
child pension in accordance with the Act on Mandatory Pension Insurance and on the Activities of Pension Funds No 129/1997.”; 
(j) The following shall be added to Annex IX(II):  
 “ICELAND   Invalidity pension in the form of basic pension, pension supplement and age-
related pension supplement according to the Act on Social Security No 100/2007.   Invalidity pension according to the Act on Mandatory Pens ion Insurance and 
on the Activities of Pension Funds No 129/1997.   NORWAY   Norwegian disability pens ion, also when converted into an old-age pension 
EN 12   EN upon the reaching of the pensionable age, and all pensions (survivors’ and old-
age pensions) based on the deceased person’s pension earnings.”; 
(k) The following shall be added to Annex X:  
 “LIECHTENSTEIN 
(a) Allowances for blind persons (Law  on the granting of allowances for 
blind persons of 17 December 1970 as amended); 
(b) Maternity allowances (Law on the gr anting of maternity allowances of 25 
November 1981 as amended); 
(c) Supplementary benefits to the ol d age, survivors’ and invalidity 
insurance (Law on supplementary benef its to the old age, survivors’ and 
invalidity insurance of 10 December 1965 as amended). 
NORWAY (a) Guaranteed minimum supplementary  pension to persons who are born 
disabled or become disabled at an early age under the National Insurance Act; 
(b) Special benefits in accordance w ith the Act of 29 April 2005 No. 21 on 
supplementary allowance to persons w ith short periods of residence in 
Norway.”; 
(l) The following shall be added to Annex XI:  
 “ICELAND  
1. (a) Notwithstanding the provisions of Article 6, persons who have not 
been gainfully employed in one or more EC Member States or EFTA States are entitled to an I celandic social pens ion only if they 
have been, or have previously b een, permanent residents of Iceland 
for at least three years, subject to the age limits prescribed by 
Icelandic legislation. 
(b) The above mentioned provisions do not apply to Icelandic social 
pension entitlement for the members of the family of persons who are or have been gainfully employe d in Iceland, or for students or 
the members of their families. 
2. 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 supp lementary pension schemes (pension 
funds) in Iceland no longer includes the period between the contingency 
and the pensionable age (future peri ods), periods of insurance under the 
legislation of another State to whic h this Regulation applies shall be 
taken into consideration for the requirement of the future periods as if they were periods of insurance in Iceland. 
EN 13   EN LIECHTENSTEIN 
1. Compulsory insurance under Liechtens tein sickness insurance scheme for 
benefits in kind (“Krankenpflegevers icherung”) and possible exemptions: 
(a) The Liechtenstein legal provision s governing compulsory sickness 
insurance for benefits in kind sh all apply to the following persons 
not resident in Liechtenstein: 
(i) persons subject to Liechtenstein legal provisions under Title 
II of the Regulation; 
(ii) persons for whom Liechtenstein shall bear the costs of 
benefits according to Article  24, 25, 26 of the Regulation; 
(iii) persons receiving Liechtenstein unemployment benefits; (iv) family members of persons refe rred to in (i) and (iii) or of an 
employed or self-employed pers on resident in Liechtenstein 
who is insured under the Liechtenstein sickness insurance scheme; 
(v) family members of persons re ferred to in (ii) or of a 
pensioner resident in Liechtens tein who is insured under the 
Liechtenstein sickness insurance scheme. 
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 for benefits in  kind if and as long as they are 
resident in Austria and can prove th at they are eligible for cover in 
the event of sickness in a st atutory or equivalent sickness 
insurance. The exemption cannot be revoked except in the case of a 
change of employer. 
This request (aa) must be submitted within three months of the date of which 
the obligation to take out insurance in Liechtenstein 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 insuranc e obligation. Persons being 
already insured in Austria at the time of the entry into force of the Regulation in the EEA are considered to be exempted from the Liechtenstein compulsory insurance for benefits in kind; 
(bb) shall apply to all family me mbers residing in the same State. 
EN 14   EN 2. Persons who are working, but not re siding in Liechtenstein and who have 
statutory or equivalent insurance c over in their State of residence in 
accordance with point 1(b), as well as their family members, shall benefit 
from the provisions of Article 19 of the Regulation during their stay in 
Liechtenstein. 
3. For the purposes of applying Artic les 18, 19, 20, 27 of the Regulation in 
Liechtenstein, the competent insure r shall bear all invoiced costs. 
4. Where a person subject to Liechtenstein legal provisions under Title II of 
the Regulation is, in application of  1(b), subject for the purposes of 
sickness insurance to the legal provisi ons of another State covered by this 
Agreement, the costs of these be nefits in kind for non-occupational 
accidents shall be shared equally between the Liechtenstein insurer 
against the occupational and non-occ upational accidents and industrial 
diseases and the competent sickness insurance institution if an entitlement exists to be nefits in kind from both bodies. The Liechtenstein 
insurer against occupational an d 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 be nefits from a sickness insurance body 
in the country of residence. 
NORWAY 1. The transitional provisions of th e Norwegian legislation entailing a 
reduction of the insurance period which is required for a full 
supplementary pension for persons born before 1937 shall be applicable to persons covered by the Regulatio n provided that they have been 
residents of Norway, or engaged in  gainful occupation as employed or 
self-employed in Norway, for such a number of years as is required after 
their sixteenth birthday and before 1 January 1967. This requirement shall be one year for each year the person's year of birth falls before 
1937. 
2. A person insured under the National In surance Act who provides care to 
insured care-needing old, disabled or sick persons shall, according to 
prescribed conditions, be credited pension points for such periods. 
Likewise, and without prejudice to Article 44 of Regulation (EC) No 
987/2009, a person who takes care of small children shall be credited 
pension points when staying in anot her State to whic h this Regulation 
applies, provided that the person concerned is on pa rental leave under 
Norwegian labour law. 
3. (a) Notwithstanding the provisions of Article 6, persons who have not 
been gainfully employed in one or more EC Member States or EFTA States are entitled to a Norw egian social pension only if they 
have been, or have previously  been, permanent residents of 
Norway for at least three years, s ubject to the age limits prescribed 
by Norwegian legislation. 
EN 15   EN (b) The above mentioned provisions do not apply to Norwegian social 
pension entitlement for the members of the family of persons who are or have been gainfully employed in Norway, or for students or the members of their families.” 
MODALITIES FOR THE PARTICIPATION OF EFTA STATES IN THE 
ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS AND IN TH E TECHNICAL COMMISSION FOR DATA 
PROCESSING AND IN THE AUDIT BO ARD, 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 m eetings of the Administrative Commission for 
the coordination of social security system s, attached to the European Commission, 
and to the meetings of the Technical Co mmission 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 coordina tion of social security systems (OJ L 
284, 30.10.2009, p. 1). 
The provisions of the Regulation shall, for the purposes of this Agreement, be read 
with the following adaptations: 
(a) The following shall be added to Annex 1:  
 “ICELAND – DENMARK   Article 15 of the Nordic Convention on Social Security of 18 August 2003: 
Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 
70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of 
sickness and maternity, accidents at work and occupatio nal diseases, and 
unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs 
of administrative checks and medical examinations).   ICELAND – LUXEMBURG   Arrangement of 30 November 2001 on the reimbursement of costs in the field 
of social security.   ICELAND – FINLAND   Article 15 of the Nordic Convention on Social Security of 18 August 2003: 
Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 
70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of 
sickness and maternity, accidents at work and occupatio nal diseases, and 
unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs 
of administrative checks and medical examinations).   
EN 16   EN ICELAND – SWEDEN  
 Article 15 of the Nordic Convention on Social Security of 18 August 2003: 
Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 
70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of 
sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs 
of administrative checks and medical examinations).   ICELAND – NORWAY   Article 15 of the Nordic Convention on Social Security of 18 August 2003: 
Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 
70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of 
sickness and maternity, accidents at work and occupatio nal diseases, and 
unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs 
of administrative checks and medical examinations).   NORWAY – DENMARK   Article 15 of the Nordic Convention on Social Security of 18 August 2003: 
Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 
70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of 
sickness and maternity, accidents at work and occupatio nal diseases, and 
unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs 
of administrative checks and medical examinations).  
 
NORWAY – LUXEMBOURG   Article 2 to 4 of the Arrangement of  19 March 1998 on reimbursement of costs 
in the field of social security.   NORWAY – NETHERLANDS   Agreement of 23 January 2007 on the reimbursement of costs for benefits in 
kind provided under Regulations (EEC) Nos 1408/71 and 574/72.   NORWAY – PORTUGAL   Arrangement of 24 November 2000 under Articles 36(3) and 63(3) of 
Regulation (EEC) No 1408/71 and Article  105(2) of Regulation (EEC) No 
574/72 on the reciprocal waiving of the reimbursement of costs of benefits in kind for sickness, maternity, accidents at work and occupational diseases and the costs incurred for administrative checks and medical examinations provided under these Regulations.   NORWAY – FINLAND   Article 15 of the Nordic Convention on Social Security of 18 August 2003: 
Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 
70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of 
EN 17   EN sickness and maternity, accidents at work and occupational diseases, and 
unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs 
of administrative checks and medical examinations).   NORWAY – SWEDEN   Article 15 of the Nordic Convention on Social Security of 18 August 2003: 
Agreement on the reciprocal waiver of refund pursuant to Articles 36, 63 and 
70 of Regulation (EEC) No 1408/71 (cost of benefits in kind in respect of 
sickness and maternity, accidents at work and occupatio nal diseases, and 
unemployment benefits) and Article 105 of Regulation (EEC) No 574/72 (costs 
of administrative checks and medical examinations).   NORWAY – UNITED KINGDOM   The Exchange of Letters of 20 Ma rch 1997 and 3 April 1997 concerning 
Articles 36(3) and 63(3) of the Regul ation (reimbursement or waiving of 
reimbursement of the costs of benef its in kind), and Article 105 of the 
implementing Regulation (wai ving of the costs of ad ministrative checks and 
medical examinations).”; 
(b) The following shall be added to Annex 3: 
“NORWAY”; 
(c) The following shall be added to Annex 5: 
“LIECHTENSTEIN NORWAY”. 
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 va lidity of documents, the 
determination of the appli cable legislation and the provision of benefits under 
Council Regulation (EC) No 883/2004 of th e 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 
EN 18   EN Council relating to priori ty 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 Counc il 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 fo r 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 Techni cal Commission for data processing of 
the Administrative Commission for the coordi nation 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 Regul ation No 883/2004 of the Eur opean Parliament and of 
the Council for the award of  invalidity, old-age and surv ivor’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 Heal th Insurance Card (OJ C 106, 24.4.2010, p. 26). 
The provisions of the Decision shall, for th e 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 de fining 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 Europ ean Parliament and of the Council 
relating to increases in unemployment bene fit 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 benef its 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’ applicab le to the unemployed persons referred to 
EN 19   EN 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 th e advantages enjoyed by a State’s own 
nationals under a bilateral convention on so cial 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 pers ons 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 act ivity 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).’