EN    EN EN 
 
EN    EN  EUROPEAN COMMISSION 
Brussels, 9.9.2010 
SEC(2010) 1013 final 
2010/0245 (NLE)   
Proposal for a 
COUNCIL DECISION 
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 2   EN 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 af ter its adoption. 
2. The draft Decision of the EEA Joint Co mmittee (annexed to the proposed Council 
Decision) aims to amend Annex VI (s ocial security) by a dding new Community 
acquis in this field: This concerns Regulation 883/2004/EC of the European 
Parliament and of the Council of 29 April 2004, Regulation 988/2009 of the 
European Parliament and of the C ouncil 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.  
3. In addition, the draft Decision contains pr ovisions to include a number of decisions 
and recommendations of the Administrative Commission. 
4. The draft decision also contains provisions to amend Protocol 37 to include in its list 
of Committees the Administrative Commission for the coordination of social security 
systems (Regulation (EC) No 883/2004 of the European Parliament and Council). 
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 Comm ittee at the earliest  possible opportunity.
 
EN 3   EN 2010/0245 (NLE) 
Proposal for a 
COUNCIL DECISION 
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), 48 and 352 thereof, 
Having regard to Council Regulation (EC)  No 2894/94 of 28 November 1994 concerning 
arrangements for implementing the Agreement on the European Economic Area1, 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, 
                                                
 
1 OJ L 305, 30.11.1994, p. 6.  
 
EN 4   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 […], 
 For the Council 
 The President 
 
EN 5   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 …
2. 
(2) Protocol 37 to the Agreement was amende d by Decision of the EEA Joint Committee No…/… 
of …3. 
(3) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 
on the coordination of social security systems4, 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 Annexes5 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 systems6 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
7 is to be incorporated into the Agreement. 
                                                 
2 OJ L … 
3 OJ L … 
4 OJ L 166, 30.4.2004, p. 1. 
5 OJ L 284, 30.10.2009, p. 43. 
6 OJ L 284, 30.10.2009, p. 1. 
7 OJ C 106, 24.4.2010, p. 1. 
 
EN 6   EN (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 
to posted workers and self-employed workers temporarily working outside the competent 
State8 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 Council9 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 benefits10 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 systems11 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 systems12 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 benefits13 is to be incorporated into the Agreement. 
(13) Decision No S1 of 12 June 2009 concer ning the European Health Insurance Card14 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 Card15 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 Council16 is 
to be incorporated into the Agreement. 
                                                 
8 OJ C 106, 24.4.2010, p. 5. 
9 OJ C 106, 24.4.2010, p. 9. 
10 OJ C 106, 24.4.2010, p. 11. 
11 OJ C 106, 24.4.2010, p. 13. 
12 OJ C 106, 24.4.2010, p. 17. 
13 OJ C 106, 24.4.2010, p. 21. 
14 OJ C 106, 24.4.2010, p. 23. 
15 OJ C 106, 24.4.2010, p. 26. 
16 OJ C 106, 24.4.2010, p. 40. 
 
EN 7   EN (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 family17 is to 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 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
18 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 Council19 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 States20 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 residence21 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 State22 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 1408/7123, 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 574/7224, which is incorporated into the Agreement and which is consequently to be 
repealed under the Agreement. 
                                                 
17 OJ C 106, 24.4.2010, p. 42. 
18 OJ C 106, 24.4.2010, p. 43. 
19 OJ C 106, 24.4.2010, p. 45. 
20 OJ C 106, 24.4.2010, p. 47. 
21 OJ C 106, 24.4.2010, p. 49. 
22 OJ C 106, 24.4.2010, p. 51. 
23 OJ L 149, 5.7.1971, p. 2. 
 
EN 8   EN (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: 
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  
                                                                                                                                                                       
 
24 OJ L 74, 27.3.1972, p. 1. 
∗ [No constitutional requirements indicated.][Constitutional requirements indicated.] 
 
EN 9   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 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 obliga tions of EC Member States, thei r public entities, undertakings or 
individuals in relati on 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 notwithst anding 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 act s, 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 att ached to the EC Commission and the rights and 
duties conferred upon the Audit Board an d upon the Technical Commission for data 
processing, both attached to the said Administ rative 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 Eur opean 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 10   EN The provisions of the Regulation shall, for the pur poses 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 provision s of the second sentences 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 unde r 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 maintenance 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 adopti on pursuant to the Act 
on Adoption Grants No 152/2006.   NORWAY   Lump sum grants payable at childbirth pur suant 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 so cial security of 18 August 2003 (concerning 
coverage of extra travel expenses 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 so cial security of 18 August 2003 (concerning 
 
EN 11   EN coverage of extra travel expenses 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 so cial security of 18 August 2003 (concerning 
coverage of extra travel expenses 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 so cial security of 18 August 2003 (concerning 
coverage of extra travel expenses 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 so cial security of 18 August 2003 (concerning 
coverage of extra travel expenses 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 so cial security of 18 August 2003 (concerning 
coverage of extra travel expenses 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 so cial security of 18 August 2003 (concerning 
coverage of extra travel expenses 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”; 
(g) The following shall be added to Annex VIII, Part 1:  
 “ICELAND   
 
EN 12   EN All applications from the old-age basic sc heme and the defined benefit State employee 
scheme.   LIECHTENSTEIN   All applications for pensions of the old-age,  survivors’ and invali dity insurances from 
the statutory pension scheme as  well as for old-age, survivors’ and invalidity pensions 
from the occupational scheme as far as the regulations of the resp ective pension fund do 
not contain 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 Act on Social Security No 100/2007 and child 
pension in accordance with the Act on Ma ndatory 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 Pension Insurance and on the 
Activities of Pension Funds No 129/1997.   NORWAY   Norwegian disability pension, also when converted into an old-age pension upon the 
reaching of the pensionable age, and all pensions (survivors’ and old-age pensions) based on the deceased person’s pension earnings.”; 
 
EN 13   EN (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 old age, survivors’ and invalidity insurance (Law on 
supplementary benefits to the old age, su rvivors’ and invalid ity insurance of 10 
December 1965 as amended). 
NORWAY (a) Guaranteed minimum supplementary pens ion to persons who are born disabled or 
become disabled at an early age under the National Insurance Act; 
(b) Special benefits in accordance with the Act of 29 April 2005 No. 21 on 
supplementary allowance to persons with short periods of residence in Norway.”; 
(l) The following shall be added to Annex XI:  
 “ICELAND  
1. (a) Notwithstanding the pr ovisions of Article 6, pe rsons who have not been 
gainfully employed in one or more EC Member States or EFTA States are 
entitled to an Icelandic social pensi on only if they have been, or have 
previously been, permanent residents of  Iceland for at le ast three years, 
subject to the age limits prescr ibed by Icelandic legislation. 
(b) The above mentioned provisions do not  apply to Icelandic social pension 
entitlement for the members of the fam ily of persons who are or have been 
gainfully employed 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 th e disability pension of both the social 
security and the supplementary pensi on schemes (pension funds) in Iceland no 
longer includes the period between the contingency and the pensionable age 
(future periods), periods of  insurance under the legisla tion of another State to 
which this Regulation applies shall be take n into consideration for the requirement 
of the future periods as if they we re periods of insurance in Iceland. 
LIECHTENSTEIN 1. Compulsory insurance under Liechtenstei n sickness insurance scheme for benefits 
in kind (“Krankenpflegeversicherung”) and possible exemptions: 
 
EN 14   EN (a) The Liechtenstein legal provisions g overning compulsory sickness insurance 
for benefits in kind shall 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 referr ed to in (i) and (iii) or of an 
employed or self-employed person re sident in Liechtenstein who is 
insured under the Liechtenstein  sickness insurance scheme; 
(v) family members of persons referred to  in (ii) or of a pensioner resident 
in Liechtenstein who is insured under the Liechtenstein sickness insurance scheme. 
As family members are considered thos e persons who are defined as family 
members according to the legislati on of the State of residence. 
(b) Persons referred to in (a) may, on re quest, be exempted from compulsory 
insurance for benefits in kind if and as long as they  are resident in Austria 
and can prove that they are eligible for cover in the event of sickness in a statutory 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 
insurance obligation. Persons being al ready 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. 
2. Persons who are working, but not residing in Liechtenstein and who have statutory 
or equivalent insurance cover in their St ate 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 Articl es 18, 19, 20, 27 of the Regulation in 
Liechtenstein, the competent insure r shall bear all invoiced costs. 
 
EN 15   EN 4. Where a person subject to Liechtenstein  legal provisions under Title II of the 
Regulation is, in application of 1(b), subject for the pur poses of sickness insurance 
to the legal provisions of another State covered by this Agreement, the costs of these benefits in kind for non-occupationa l accidents shall be shared equally 
between the Liechtenstein insurer agai nst the occupational and non-occupational 
accidents and industrial diseases and the competent sickness insurance institution 
if an entitlement exists to benefits in kind from both bodies. The Liechtenstein 
insurer against occupational and non-o ccupational accidents and industrial 
diseases shall meet all costs in the even t of occupational acci dents, accidents on 
the way to work or industrial diseases, even where there is an entitlement to 
benefits from a sickness insurance body in the country of residence. 
NORWAY 1. The transitional provisions of the Norw egian legislation enta iling 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 Regulation 
provided that they have been resident s 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 Insura nce Act who provides care to insured 
care-needing old, disabled or sick pers ons shall, according to prescribed 
conditions, be credited pens ion points for such peri ods. Likewise, and without 
prejudice to Article 44 of Regulation (E C) No 987/2009, a person who takes care 
of small children shall be credited pensi on points when staying in another State to 
which this Regulation applies, provided th at the person concerned is on parental 
leave under Norwegian labour law. 
3. (a) Notwithstanding the pr ovisions of Article 6, pe rsons who have not been 
gainfully employed in one or more EC Member States or EFTA States are 
entitled to a Norwegian social pensi on only if they have been, or have 
previously been, permanent residents of  Norway for at least three years, 
subject to the age limits prescribed by Norwegian legislation. 
(b) The above mentioned provisions do not  apply to Norwegian social pension 
entitlement for the members of the fam ily 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 TH E COORDINATION OF SOCIAL 
SECURITY SYSTEMS AND IN THE TECHNICAL COMMISSION FOR DATA 
PROCESSING AND IN THE AUDIT BO ARD, BOTH ATTACHED TO THE 
ADMINISTRATIVE COMMISSION, IN ACCO RDANCE WITH ARTICLE 101 OF THE 
AGREEMENT: 
 
EN 16   EN Iceland, Liechtenstein and Norway may each send a representative, present in an advisory 
capacity (observer), to the meetings of the Ad ministrative Commission for the coordination of 
social security systems, atta ched to the European Commissi on, 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 Eur opean Parliament and of the Council 
of 16 September 2009 laying down the procedur e 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 the Regulation shall, for the pur poses 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 Soci al Security of 18 August 2003: Agreement 
on the reciprocal waiver of refund pursuan t to Articles 36, 63 and 70 of Regulation 
(EEC) No 1408/71 (cost of benefits in ki nd 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 – LUXEMBURG   Arrangement of 30 November 2001 on the reimburse ment of costs in the field of social 
security.  
 
ICELAND – FINLAND   Article 15 of the Nordic Convention on Soci al Security of 18 August 2003: Agreement 
on the reciprocal waiver of refund pursuan t to Articles 36, 63 and 70 of Regulation 
(EEC) No 1408/71 (cost of benefits in ki nd 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 – SWEDEN   Article 15 of the Nordic Convention on Soci al Security of 18 August 2003: Agreement 
on the reciprocal waiver of refund pursuan t to Articles 36, 63 and 70 of Regulation 
(EEC) No 1408/71 (cost of benefits in ki nd 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   
 
EN 17   EN Article 15 of the Nordic Convention on Soci al Security of 18 August 2003: Agreement 
on the reciprocal waiver of refund pursuan t to Articles 36, 63 and 70 of Regulation 
(EEC) No 1408/71 (cost of benefits in ki nd 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).   NORWAY – DENMARK   Article 15 of the Nordic Convention on Soci al Security of 18 August 2003: Agreement 
on the reciprocal waiver of refund pursuan t to Articles 36, 63 and 70 of Regulation 
(EEC) No 1408/71 (cost of benefits in ki nd 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).   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 reimburse ment of costs for benefits in kind 
provided under Regulations (EEC) Nos 1408/71 and 574/72.  
 
NORWAY – PORTUGAL   Arrangement of 24 November 2000 under Artic les 36(3) and 63(3) of Regulation (EEC) 
No 1408/71 and Article 105(2) of Regula tion (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 Soci al Security of 18 August 2003: Agreement 
on the reciprocal waiver of refund pursuan t to Articles 36, 63 and 70 of Regulation 
(EEC) No 1408/71 (cost of benefits in ki nd 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).   NORWAY – SWEDEN   Article 15 of the Nordic Convention on Soci al Security of 18 August 2003: Agreement 
on the reciprocal waiver of refund pursuan t to Articles 36, 63 and 70 of Regulation 
(EEC) No 1408/71 (cost of benefits in ki nd in respect of sickness and maternity, 
 
EN 18   EN 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 – UNITED KINGDOM   The Exchange of Letters of 20 March 1997 an d 3 April 1997 concerning Articles 36(3) 
and 63(3) of the Regulation (reimbursement or  waiving of reimbursement of the costs of 
benefits in kind), and Article  105 of the implementing Regul ation (waiving of the costs 
of administrative 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 validity of documen ts, 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 conc erning the interpretation of Article 
12 of Regulation (EC) No 883/2004 of the Eur opean Parliament and of the Council on the 
legislation applicable to posted workers a nd 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 con cerning the practical arrangements for 
the transitional period for the data exchange vi a 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 con cerning the interpre tation of Article 
68 of Regulation (EC) No 883/2004 of the European  Parliament and of the Council relating to 
priority rules in the even t 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 Eu ropean Parliament and of the Council and 
the application of Decisions and Recommendati ons of the Administrative Commission for the 
coordination of social securi ty systems (OJ C 106, 24.4.2010, p. 13). 
 
EN 19   EN 6.2 32010 D 0424(06) : Decision No H2 of 12 June 2009 c oncerning the methods of operation and 
the composition of the Technical  Commission for data proces sing 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 th e interpretation of Articles 50(4), 58 
and 87(5) of Regulation No 883/2004 of the Europ ean 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 concer ning the technical specifications of 
the European Health Insurance Card (OJ C 106, 24.4.2010, p. 26). 
The provisions of the Decision sh all, 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 star s on the European Health Insurance Cards to be 
issued by them. 
8.3 32010 D 0424(10) : Decision No S3 of 12 June 2009 defi ning the benefits covered by Articles 
19(1) and 27(1) of Regulation (EC) No 883/2 004 of the European Parliament and of the 
Council and Article 25(A)(3) of Regulation (E C) 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 con cerning 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 concer ning the scope of Article 65(2) of 
Regulation (EC) No 883/2004 of the European Pa rliament and of the Council on the right to 
unemployment benefits of wholly unemployed pe rsons other than frontier workers who were 
resident in the territory of a Member State ot her 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 con cerning the scope of the concept of 
‘partial unemployment’ applicable to the unempl oyed 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 s ecurity with a non-member count ry must also be granted to 
workers who are nationals of other Member States (OJ C 106, 24.4.2010, p. 47). 
 
EN 20   EN 11.1 32010 H 0424(02) : Recommendation No U1 of 12 June  2009 concerning the legislation 
applicable to unemployed person s engaging in part-t ime 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-employe d persons moving within the Community (OJ L 
209, 25.7.1998, p. 46).’