Resolution of the Administrative Commission of 27 June 2002 on the insertion of Council Regulation (EC) No 1399/1999, Regulation (EC) No 1386/2001 of the European Parliament and of the Council, as well as Commission Regulations (EC) No 89/2001 and (EC) No 410/2002 to Annex II to the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons
Date: 2002-06-27
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: Switzerland, agreement (EU), family benefit, free movement of persons, social legislation, social security, worker (EU)

C 160/2

EN

Official Journal of the European Communities

4.7.2002

Resolution of the Administrative Commission

of 27 June 2002

on the insertion of Council Regulation (EC) No 1399/1999, Regulation (EC) No 1386/2001 of the
European Parliament and of the Council, as well as Commission Regulations (EC) No 89/2001 and
(EC) No 410/2002 to Annex II to the Agreement between the European Community and its
Member States and the Swiss Confederation on the free movement of persons

(2002/C 160/02)

THE ADMINISTRATIVE COMMISSION OF
EUROPEAN
COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

THE

Whereas

(1) The Community and its Member States, and the Swiss
Confederation have concluded an Agreement on the free
movement of persons (1)
(‘the Agreement’) which was
signed on 21 June 1999;

(2) This Agreement entered into force on 1 June 2002;

(3) Pursuant to Article 8 of the Agreement, the Contracting
Parties shall make provision for the coordination of social
security systems with the aim in particular of:

(a) securing equality of treatment;

(b) determining the legislation applicable;

(c) aggregation,

for

the purpose of

and
to benefits, and of calculating
retaining the right
such benefits, all periods taken into consideration by
the national legislation of the countries concerned;

acquiring

(d) paying benefits to persons residing in the territory of

the Contracting Parties;

(e)

fostering mutual administrative assistance and coop-
eration between authorities and institutions;

(4) Annex II to the Agreement

lists in particular Council
Regulations (EEC) No 1408/71 and (EEC) No 574/72, as
updated by Regulation (EC) No 118/97 (2) as well as the
subsequent amending Regulations including Regulation
(EC) No 307/1999 of 8 February 1999 (3);

(5) Regulations (EEC) No 1408/71 and (EEC) No 574/72 have
since been amended by Council Regulation (EC) No
1399/1999 (4), Regulation (EC) No 1386/2001 (5), Regu-
lation (EC) No 89/2001 (6) and Regulation (EC) No
410/2002 (7);

(6) Within the Community, these amendments entered into
force on 1 September 1999 as regards Regulation (EC) No
1399/1999, on 1 September 2001 as regards Regulation
(EC) No 1386/2001, on 7 February 2001 as regards Regu-
lation (EC) No 89/2001 and on 25 March 2002 as regards
Regulation (EC) No 410/2002;

(7) It was not possible to insert the latter Regulations into
Annex II to the Agreement before its signature on 21 June
1999;

(8) A decision of

the Joint Committee concerning the
insertion of Regulation (EC) No 1399/1999, Regulation
(EC) No 1386/2001, as well as Regulations (EC) No
89/2001 and (EC) No 410/2002 to Annex II
to the
Agreement can be adopted only after the entry into
force of the Agreement;

(9) Amendments to Annex II

to the Agreement can be
binding on a Contracting Party only after adoption of a
decision of the Joint Committee;

(10) The provisions

laid down in Regulations

(EEC) No
1408/71 and (EEC) No 574/72 establish a coordination
of the social security schemes of the Member States; by
listing these Regulations in Annex II to the Agreement,
the Swiss Confederation is included in this coordination;

(11) In order

to attain the objectives pursued by this
the Agreement provides
Agreement, Article 16(1) of
take all measures
shall
the Contracting Parties
that
necessary to ensure that rights and obligations equivalent
to those contained in the legal acts of
the European
Community to which reference is made are applied in
relations between them;

(1) OJ L 114, 30.4.2002, p. 1.
(2) OJ L 28, 30.1.1997, p. 1.
(3) OJ L 38, 12.2.1999, p. 1.

(4) OJ L 164, 30.6.1999, p. 1.
(5) OJ L 187, 10.7.2001, p. 1.
(6) OJ L 14, 18.1.2001, p. 16.
(7) OJ L 62, 5.3.2002, p. 17.

4.7.2002

EN

Official Journal of the European Communities

C 160/3

(12) The

of

parallel

different

application

coordinating
provisions will not only increase administrative burdens
and delay decisions on applications for the granting of
benefits, but even make it almost impossible,
in some
cases, to calculate the amount of benefit; moreover, the
cooperation between the institutions will be considerably
complicated;

(13) The complicated and technical nature of the coordination
the Contracting Parties
of social security schemes of
requires the application of common and homogeneous
provisions within the territory of the Contracting Parties;

(14) An effective and coherent coordination of social security
schemes between the Contracting Parties is therefore
essential
the
Agreement;

to achieve the objectives of

in order

HAS ADOPTED THE FOLLOWING RESOLUTION:

1. The Administrative Commission advocates that Council
Regulation (EC) No 1399/1999 and Regulation (EC)
1386/2001 of the European Parliament and the Council,
as well as Commission Regulations (EC) No 89/2001 and
(EC) No 410/2002 be inserted into Annex II
to the
Agreement as closely as possible to the entry into force of
the Agreement.

2. The Administrative Commission advocates,

furthermore,
that it be laid down, when inserting the abovementioned
Regulations into Annex II
their
provisions shall be applicable from the date of entry into
force of the Agreement.

to the Agreement,

that

(15) In the interest of the persons covered by Article 8 of the
the abovementioned problems have to be
their
in so far as this is not practicable,

Agreement
solved or,
effects must be limited as much as possible,

Done at Brussels on 27 June 2002

The Chairman of the Administrative Commission

Carlos GARCÍA DE CORTÁZAR Y NEBREDA

Notice as provided for in Article 7(8) of Commission Regulation (EC) No 1148/2001 relating to the
establishment of administrative cooperation between the Republic of Cyprus and the European
Community

(Published under Article 7(8) of Regulation (EC) No 1148/2001 (OJ L 156, 13.6.2001, p. 9))

(2002/C 160/03)

The Commission hereby states that the Republic of Cyprus has sent all the relevant information on
checking operations under the administrative cooperation provided for in Article 7(8) of Commission
Regulation (EC) No 1148/2001, as amended by Regulation (EC) No 2379/2001, and established between
the Republic of Cyprus and the European Community.

In accordance with Article 4 thereof, Commission Regulation (EC) No 851/2002 shall apply from the date
this notice is published in the C series of the Official Journal of the European Communities.