EN Official Journal of the European Union CE 84/610

(2004/C 84 E/0685)

WRITTEN QUESTION E-0519/04

by Ilda Figueiredo (GUE/NGL) to the Commission

(24 February 2004)

Subject: Agreement between the EC and the Swiss Confederation on the free movement of persons

Under Decision No 2/2003 of the EU-Swiss Joint Committee of 15 July 2003 amending Annex II (Social Security) to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons (1), Portuguese citizens who had emigrated to Switzerland but are now retired or receiving an invalidity pension and have returned to Portugal no longer enjoy the option of requesting exemption from compulsory Swiss sickness insurance as from 1 June 2003.

Around 6 000 Portuguese workers, who had not been informed of this change in advance, are now receiving forms from Switzerland on which they must name the insurer of their choice, to which they must immediately pay the corresponding contribution, even though they will not be prohibited from access to health care in Portugal.

Can the Commission explain why Portuguese immigrants to Switzerland are being treated differently from immigrants from other Member States under this decision?

Answer given by Mr Dimas on behalf of the Commission

(7 April 2004)

The Commission wishes to inform the Honourable Member that under the Agreement on Free Movement of Persons with Switzerland (2), it does not depend on the nationality of a pensioner with a Swiss pension but on the Member State where he resides whether he is insured against sickness in Switzerland or in the Member State where he resides. In fact, under this Agreement, pensioners with a Swiss pension residing in certain Member States may ask to be exempt from Swiss sickness insurance and be insured in the Member State of residence, while such pensioners residing in other Member States must be insured in Switzerland.

The possibility to ask not to be insured against sickness in the country which pays a pension does not exist under EU legislation (3): between Member States, a pensioner with a pension from one Member State who resides in another Member State must be insured in the sickness scheme of the Member State which pays him the pension. Annex II (coordination of social security) of the Agreement with Switzerland actually provides that the same rule also applies in the relations between Switzerland and most Member States. But as an exception to this rule, pensioners with a Swiss pension residing in Germany, Italy, Austria, Portugal or Finland could initially ask not to be insured in Switzerland.

Nevertheless, Portugal requested at a later stage that such pensioners residing in Portugal could no longer ask to be exempt from the Swiss sickness insurance and be insured in Portugal instead. This required that Annex II of the Agreement be amended by decision of a Joint Committee. As the request meant that Portugal would apply the same rules as most other Member States in relation to Switzerland, which moreover are the same rules as apply amongst Member States, the Joint Committee, consisting of the representatives from the contracting parties in Switzerland, the Member States and the Community agreed to the Portuguese request. Annex II of the Agreement was therefore amended accordingly (4).

Therefore, from 1 June 2003 pensioners with a Swiss pension residing in Portugal must be insured against sickness in Switzerland; only pensioners with a Swiss pension residing in Germany, France, Italy and Austria may ask not to be insured against sickness in Switzerland.

(1) OJ L 187, 26.7.2003, p. 55.

(2) OJ L 114, 30.4.2002.

(3) Regulations (EEC) No 1408/71 and (EEC) No 574/72, 1st consolidated version: Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating 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 Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, OJ L 28, 30.1.1997.

(4) 2003/554/EC: Decision No 2/2003 of the EU-Swiss Joint Committee of 15 July 2003 amending Annex II (Social Security) to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons.