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, 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 recently adopted acquis in the field of Social Security. The decision concerns:

32002 R 0410: Commission Regulation (EC) No 410/2002 of 27 February 2002 (OJ L 62, 5.3.2002, p. 17).

3. The proposal includes an adaptation for EEA EFTA States.

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

5. The Council is requested to approve the attached draft decision for adoption by the EEA Joint Committee. The Commission would hope to be able to put forward the position of the Community in the EEA Joint Committee in March 2003.

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].

[1] OJ L ...

(2) 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 [2] is to be incorporated into the Agreement.

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

(3) Due to alterations of the responsibilities and/or the names and designations of the ministries concerned as well as due to recent changes of Norwegian legislation on social security and health services certain adaptations to Regulation (EEC) No 574/72, as subsequently amended, have to be changed,

HAS DECIDED AS FOLLOWS:

Article 1

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

1. The following indent shall be added:

'- 32002 R 0410: Commission Regulation (EC) No 410/2002 of 27 February 2002 (OJ L 62, 5.3.2002, p. 17).'

2. The text of point R. (Norway) in adaptation (a) shall be replaced with the following:

'1. Sosialdepartementet (Ministry of Social affairs), Oslo.

2. Helsedepartementet (Ministry of Health), Oslo.

3. Arbeids- og administrasjonsdepartementet (Ministry of Labour and Government Administration), Oslo.

4. Barne- og familiedepartementet (Ministry of Children and Family Affairs), Oslo.

5. Justisdepartementet (Ministry of Justice), Oslo.

6. Utenriksdepartementet (Ministry of Foreign Affairs), Oslo.'

3. The text of point R. (Norway) in adaptation (l) shall be replaced with the following:

'The average annual cost of benefits in kind shall be calculated by taking into consideration the benefits provided under chapter 5 of the National Insurance Act (Act 28 February 1997), under the Act 19 November 1982 on Municipal Health Care and under the Act 2 July 1999 on Specialised Health Services etc.'

Article 2

The texts of Regulation (EC) No 410/2002 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 3

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 [3].

[3] [No constitutional requirements indicated.] [Constitutional requirements indicated.]

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, .

For the EEA Joint Committee

The President

The Secretaries to the EEA Joint Committee