Proposal for a Council Decision on a Community position regarding draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons
Date: 2003-02-04
Institutions: European Commission
Subjects: Switzerland, agreement (EU), free movement of persons, health insurance, social security

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 4.2.2003
COM(2003) 55 final

Proposal for a

COUNCIL DECISION

on a Community Position regarding draft Decision of the Joint Committee established
under the Agreement between the European Community and its Member States, of the
one part, and the Swiss Confederation, of the other, on the Free Movement of Persons

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 1 June 2002 the Agreement between the European Community and its Member States of
the  one  part  and  the  Swiss  Confederation  of  the  other,  on  the  Free  Movement  of  Persons
entered into force. Annex II of this Agreement provides for the coordination of social security
schemes.

According to Article 14 and 18 of the Agreement, the EU-Swiss Joint Committee on the Free
Movement of Persons may adopt amendments to Annex II of the Agreement by decision of
the Joint Committee. Article 2 of the Decision (2002/309/EC, Euratom) of the Council, and of
the  Commission  as  regards  the  Agreement  on  Scientific  and  Technological  Cooperation,  of
4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation provides
that the Council, on a proposal from the Commission, lays down the position to be taken by
the Community as regards such decisions of the Joint Committee.

Annex II of the Agreement needs to be amended particularly because the Agreement currently
only  refers  to  Community  legislation  on  coordination  of  social  security  schemes  which  had
been  in  force  at  the  date  of  signature  of  the  Agreement  (21  June  1999),  thus  not  including
those amending Regulations which  entered  into force  in the  meantime.  The Agreement also
does not refer to the Decisions of the Administrative Commission which have been adopted in
the  meantime.  However,  to  ensure  a  coherent  and  correct  application  of  Community
legislation  and  to  avoid  administrative  and  possibly  legal  difficulties  the  Agreement  should
refer  to  all  the  relevant  Community  legislation  and  the  Decisions  of  the  Administrative
Commission.  Furthermore, in view  of changes  at national level,  Annex  II to  the Agreement
needs to be completed and updated and some existing provisions need to be further clarified.

The  Council  is  therefore  invited  to  approve  the  Community  position  on  the  adoption  of  the
draft Decision No …/… of the EU-Swiss Joint Committee on the Free Movement of Persons,
regarding the Joint Committee's Decision on amending Annex II to the Agreement following
the entry into force of the Agreement.

The amendments to be made to Annex II are the following:

The  four  amending  Regulations  of  Regulations  (EEC)  No  1408/71  and  (EEC)  No  574/72
which entered into force between the date of signature of the Agreement on 21 June 1999 and
the  entry  into  force  of  the  Agreement  on  1  June  2002  contain  technical  changes  to  the
Regulations  which  had  mainly  become  necessary  following  changes  at  national  level.
However, one of these four amending Regulations, Regulation (EC) 1399/1999, introduced a
substantive  change  by  providing  that  orphan's  pensions  shall  no  longer  be  paid  by  one
Member  State  under  the  provisions  on  the  chapter  of  family  benefits  but  be  treated  in  the
same way as old-age pensions and thus each Member State paying a pension according to the
insurance periods covered under its legislation.

The Swiss Allowance for the Helpless shall be inserted as a special non-contributory benefit
according to Annex IIa of Regulation 1408/71 because since the signature of the Agreement
Swiss legislation has been modified as required by the Protocol to Annex II to the Agreement
as a condition for inclusion to Annex IIa.

Adaptations  of  Annex  VI  of  Regulation  1408/71  concern  in  particular  the  possibility  to
demand exemption from compulsory Swiss sickness insurance coverage,  a possibility which
does  not  exist  under  Regulation  1408/71:  the  Spanish  government  wishes  to  withdraw  the
automatic  right  to  be  exempt  from  compulsory  sickness  insurance  in  Switzerland  for  those

2

family members of a pensioner residing in Switzerland who reside in Spain as it became clear
that  those  family  members  could  not  be  insured  against  sickness  in  Spain.  The  French
government  has  expressed  the  wish  that  the  individual  right  to  demand  exemption  from
compulsory sickness insurance in Switzerland be extended to persons residing in France. The
Portuguese government no longer wish to offer this right to persons residing in Portugal, nor
does the Finnish  government for persons residing in Finland. At  the  same  time, the  Finnish
government  wishes  to  extend  the  individual  right  of  option  to  family  members  of  these
persons when they reside in Finland.

To permit the rational exercise of the right of option, the provisions concerning the conditions
and effects of such a request are clarified concerning the belated introduction of a request and
the effects of a request for family members residing in the same Member State.

It  is  furthermore  clarified  that  persons  who  have  been  exempted  from  compulsory  Swiss
sickness insurance are entitled to all sickness benefits in kind which become necessary when
staying  in  Switzerland.  As  in  such  cases  simultaneous  responsibility  might  arise  in  case  of
non-work related accidents between the Swiss accident insurance institution and the sickness
insurance institution of a Member State, a provision on the distribution of costs for sickness
benefits in kind is added.

Due to a change to the invalidity insurance scheme in Switzerland, the respective provisions
in Annex  II shall  be  amended  to  allow persons  who  had  to  cease  their  work  in  Switzerland
due to an accident or illness and who reside or return to another Member State to benefit from
rehabilitation measures and to be granted an invalidity pension.

Following  alterations of the  responsibilities and/or the names/designations at  national  Swiss
level further modifications are also necessary to the  references to Ministries and institutions
concerned.

Legal effect of amendments

According to Article 18 of the Agreement, decisions of the Joint Committee on Annex II may
enter into force immediately after that decision.

In  the  interests  of  the  persons  covered  by  the  Agreement,  the  provisions  of  the  present
amendments to Annex II shall have effect as of the date of entry into force of the Agreement
on  1  June  2002.  However,  ending  the  possibility  to  demand  exemption  from  compulsory
Swiss  sickness  insurance  for  persons  residing  in  Portugal  and  limiting  this  possibility  for
certain persons residing in Finland shall have effect as of 1 June 2003.

Overall,  the  application  of  common  and  homogeneous  provisions  and  an  effective  and
coherent  coordination for the complicated  and technical nature of the coordination  of social
security  schemes  is  essential.  Applying,  in  particular,  the  provisions  of  the  four  amending
Regulations  to  Regulations  1408/71  and  574/72  which  have  entered  into  force  between
signature  and  entry  into  force  of  the  Agreement  as  of  the  date  of  entry  into  force  of  the
Agreement  avoids  parallel  application  of  different  coordinating  provisions.  This  would  not
only increase administrative burdens and delay decisions  on applications for the  granting of
benefits, but even make it almost impossible, especially in the  case of orphan's pensions, to
calculate the amount of benefit, much to the detriment of the persons concerned.

3

In  order  to  reduce  the  inherent  risk  of  legal  uncertainty,  the  Administrative  Commission
therefore adopted a resolution on 27 June 20021, advocating that these amending Regulations
be inserted into Annex II as close as possible to the entry into force of the Agreement and that
their provisions be applicable from the date of entry into force of the Agreement.

This  is  also  true  for  the  Decisions  of  the  Administrative  Commission  which  have  been
adopted in the meantime as these decisions contain interpretations arising from the provisions
of the coordinating Regulations, thus ensuring their coherent application.

The  amending  provisions extending the right  to  demand  exemption  from  compulsory  Swiss
sickness  insurance  to  persons  resident  in  France  and  to  those  family  members  of  persons
insured in Switzerland who reside in Finland shall also be effective as of the date of entry into
force of the Agreement on 1 June 2002 as they are in the interests of the persons concerned
and, in relation to France, are already applied. It is also in the interests of persons concerned,
and simplifies procedures, that specification and clarification of the conditions and effects of
the right to  demand  exemption from  Swiss sickness  insurance  be  effective  as of the date of
entry into force of the Agreement.

On the other hand, putting an end to the  possibility  to  demand  exemption  from compulsory
Swiss sickness insurance for persons residing in Portugal and Finland shall have effect as of
1 June 2003.

The Council is requested to approve the attached draft decision for adoption by the EU-Swiss
Joint Committee on Free Movement of Persons.

1

OJ C 160, 4.7.2002, p. 2

4

                                                
Proposal for a

COUNCIL DECISION

on a Community Position regarding draft Decision of the Joint Committee established
under the Agreement between the European Community and its Member States, of the
one part, and the Swiss Confederation, of the other, on the Free Movement of Persons

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Decision 2002/309/EC, Euratom of the Council and of the Commission as
regards the  Agreement  on Scientific and  Technological Cooperation of 4  April  2002  on  the
conclusion  of  seven  Agreements  with  the  Swiss  Confederation1,  and  in  particular  Article  2
thereof,

Having regard to the proposal from the Commission2,

Whereas:

(1) 

(2) 

(3) 

(4) 

(5) 

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
(hereinafter referred to as "the Agreement") entered into force on 1 June 2002.

Articles 14 and 18 of the Agreement provide  that the EU-Swiss  Joint Committee  on
Free  Movement  of  Persons  may,  by  decision,  adopt  amendments  to  Annex  II  to  the
Agreement, dealing with coordination of social security schemes.

In order to preserve a coherent and correct application of Community legislation and
to  avoid  administrative  and  possibly  legal  difficulties,  Annex  II  to  the  Agreement
needs  to  be  amended  to  integrate  the  Community  legislation  which  has  entered  into
force since the date of signature of the Agreement on 21 June 1999 and to which the
Agreement does not currently refer.

In view of changes at national level, Annex II to the Agreement needs to be completed
and  updated  in  view  of  changes  at  national  level;  in  addition,  some  existing  special
provisions concerning sickness benefits need to be further clarified.

Annex II of the Agreement needs to be amended by the integration of the Decisions of
the  Administrative  Commission  on  Social  Security  of  Migrant  Workers  which  have
been adopted since the signature of the Agreement and to which it does not refer.

(6) 

The Community should now adopt its position for a decision of the Joint Committee,

1

2

OJ L 114, 30.4.2002, p. 1
OJ C , , p. .

5

                                                
HAS DECIDED AS FOLLOWS:

Sole Article

The Position of the European Community in the Joint Committee created by Article 14 of 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 shall  be  based on
the draft decision of the Joint Committee set out in the Annex to this Decision.

Done at Brussels,

For the Council
The President

6

ANNEX

Draft Decision No .../...
of the EU-Swiss Joint Committee on the Free Movement of Persons amending Annex II
(Social Security) to the Agreement between the European Community and its Member
States and the Swiss Confederation
of ..

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community and its Member States, of
the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons and
in particular Article 14 and 18 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

1

2

3

4

5

6

7

8

the Agreement between the European Community and its Member States, of the one
part,  and  the  Swiss  Confederation,  of  the  other,  on  the  Free  Movement  of  Persons
(hereinafter referred to as "the Agreement") was signed on 21 June 1999 and entered
into force on 1 June 2002.

Annex  II  to  the  Agreement  refers  in  particular  to  Council  Regulations  (EEC)  No
1408/711 and (EEC) No 574/722, as updated by Regulation (EC) No 118/973 as well
as to subsequent amending Regulations, including Regulation (EC) No 307/19994.

Regulations  (EEC)  No  1408/71  and  (EEC)  No  574/72  have,  since  the  date  of
signature of the Agreement, been amended on a number of occasions. Consequently,
it  is  now  necessary  to  incorporate  the  relevant  amending  acts,  namely  Regulation
(EC)  No  1399/19995,  Regulation  (EC)  No  1386/20016  of  the  European  Parliament
and  the  Council,  Commission  Regulation  (EC)  No  89/20017  and  Commission
Regulation  (EC)  No 410/20028,  into  the  Agreement,  and  specifically  into  Annex  II
thereto.

The allowances established under Swiss law for helpless persons should be provided
for in the text of Annex IIa to Regulation 1408/71 according to the Protocol to Annex
II  to  the  Agreement  as  the  Acts  relating  to  this  benefits  have  been  amended
stipulating that these benefits shall be financed exclusively by public authorities.

The  conditions  and  effects  of  the  option  to  request  exemption  from  compulsory
Swiss sickness insurance need to be further clarified, particularly as regards the time
limits for submitting a request for exemption, its effects for family members residing
in the same Member State, as regards the distribution of costs for sickness benefits in

OJ L 149, 5.7.1971, p. 2.
OJ L 74, 27.3.1972.
OJ L 28, 30.1.1997, p. 1.
OJ L 38, 12.2.1999, p. 1.
OJ L164, 30.6.1999, p.1
OJ L187, 10.7.2001, p.1
OJ L 14, 18.1.2001, p. 16
OJ L 62, 5.3.2002, p. 17

7

                                                
(6)

(7)

(8)

(9)

(10)

kind between the Swiss accident insurance and a Member State's sickness insurance
for  non-work  related  accidents,  and  as  regards  entitlement  to  sickness  benefits  in
kind during a stay in Switzerland.

As  a  result  of  a  change  to  the  Swiss  invalidity  insurance  scheme,  the  current
provisions  in  Annex  II  concerning  the  granting  of  an  invalidity  pension  and
entitlement to rehabilitation measures need to be amended.

the  responsibilities  or
Following  modifications  at  national  Swiss 
designations,  amendments  need  to  be  made  to  the  references  to  Ministries  and
Institutions concerned.

level  of 

The complicated and technical nature of the coordination of social security schemes
requires effective and coherent coordination, through the application of common and
homogeneous provisions within the territory of the Contracting parties.

It is in the interests of the persons covered by the Agreement to resolve, or at least
limit  in  time,  any  negative  effects  arising  from  the  application  of  different
coordination rules by the Contracting Parties.

Amendments to Annex II should therefore take effect on the date of entry into force
of the Agreement, except for the ending or limiting  of  the  possibility of  exemption
from  Swiss  compulsory  insurance  for  persons  residing  in  Portugal  and  Finland,
which should take effect as from 1 June 2003.

HAS DECIDED AS FOLLOWS:

Annex II to the Agreement is amended as set out in the Annex to this Decision.

Article 1

Article 2

This Decision shall enter into force on the day of its adoption by the Joint Committee.

The provisions of this Decision shall apply as from 1 June 2002, except for the amendment to
Point  3  letter  (b)  of  Annex  II  of  the  Agreement,  ending  or  limiting  the  possibility  of
exemption  from  Swiss  compulsory  insurance  for  persons  residing  in  Portugal  and  Finland,
which shall take effect on 1 June 2003.

Article 3

This Decision shall be published in the Official Journal of the European Communities.

Done at Brussels,

For the Joint Committee
The Chairman
The Secretaries

8

Annex

Annex II to the Agreement between the European Community and its Member States, of the
one  part,  and  the  Swiss  Confederation,  of  the  other,  on  the  free  movement  of  persons  is
amended as follows:

(1)

The following is inserted under the Title "Section A: Acts referred to" under point 1
"Regulation  (EEC)  No 1408/71"  after  "399  R  307:  Council  Regulation  (EC)
No 307/1999 …":

"399  R  1399  Council  Regulation  (EC)  No  1399/1999  of  29  April  1999  (OJ L  164,
30/6/1999, p. 1) amending 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.

301 R  1386 Regulation  (EC) No 1386/2001  of  the European Parliament and  of the
Council of 5 June 2001 (OJ L 187, 10/7/2001, p. 1) amending Council Regulations
(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 (EEC) No 574/72 laying down the procedure for implementing
Regulation (EEC) No 1408/71."

(2)

Under  the  heading  "For  the  purposes  of  this  Agreement,  the  Regulation  shall  be
adapted as follows:", point 1 of Section A of Annex II of the Agreement is amended
as follows:

(a) Under letter (h), concerning Annex IIa, a new item (a1) is added after item (a):

"(a1) Allowance  for  helpless  persons  (Federal  Act  of  19  June  1959  on
invalidity insurance (LAI) and Federal Act of 20 December 1946 on old-
age and survivor's pensions (LAVS) as amended on 8 October 1999)."

(b) Under  Point  1  letter  (o),  concerning  Annex  VI,  No  3  is  replaced  by  the

following:

"3. Compulsory  insurance  under  Swiss  sickness  insurance  and  possible

exemptions

a)

The  Swiss 
legal  provisions  governing  compulsory  sickness
insurance  shall  apply  to  the  following  persons  not  resident  in
Switzerland:

i)

ii)

persons subject to Swiss legal provisions under Title II of the
Regulation;

persons  for  whom  Switzerland  is  the  competent  State  for
sickness  insurance  under  Articles  28,  28a  or  29  of  the
Regulation;

iii)

persons receiving Swiss unemployment insurance benefits;

9

iv)

v)

family members of persons referred to in i) and iii) or of  an
employed  or  self-employed  person  resident  in  Switzerland
who  is  insured  under  the  Swiss  sickness  insurance  scheme,
unless  these  family  members  are  resident  in  one  of  the
following States: Denmark, Spain, Portugal, Sweden, United
Kingdom;

family members of persons referred to in ii) or of a pensioner
resident  in  Switzerland  who  is  insured  under  the  Swiss
sickness insurance scheme, unless these family members are
resident  in  one  of  the  following  States:  Denmark,  Portugal,
Sweden, United Kingdom.

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 if and as long as they are resident in one of
the following States and can prove that they are eligible for cover
in the event of sickness: Germany, Austria, France, Italy and, with
regard to persons referred to in a) iv) and v), Finland.

This request

aa) must be submitted within three months of the date on which
the obligation to take out insurance in Switzerland 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;

bb)

shall apply to all family members residing in the same state."

(c) Under Point 1 letter (o) after No 3, the following new Numbers 3a

and 3b are added:

"3a. Where a person subject to Swiss legal provisions under Title
II  of  the  Regulation  is,  in  application  of  3b,  subject  for  the
purposes  of  sickness  insurance  to  the  legal  provisions  of
another  State  covered  by  this  Agreement,  the  costs  of  these
benefits  in  kind  for  non-occupational  accidents  shall  be
shared  equally  between 
insurer  against
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 Swiss insurer against occupational and 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
benefits  from  a  sickness  insurance  body  in  the  country  of
residence.

the  Swiss 

10

3b.

Persons who are working, but not residing in Switzerland and
who have statutory insurance cover in their State of residence
under  No  3  letter  b)  shall  benefit  from  the  provisions  of
Article 22 (1) (a) for any condition requiring benefits during
a stay in Switzerland."

(d) No 8 is replaced by the following:

"8. Notwithstanding  the  provisions  of  Title  III,  an  employed  or
self-employed  worker  who  is  no  longer  subject  to  Swiss
legislation on invalidity insurance shall be regarded as being
covered by that insurance for a period of one year with effect
from  the  day  on  which  work  preceding  the  invalidity  was
interrupted  if  he  had  to  give  up  his  gainful  employment  or
self-employment  in  Switzerland  owing  to  an  accident  or  an
illness and if the invalidity was diagnosed in this country; he
shall  be  obliged  to  pay  contributions  to  old-age,  survivors'
and invalidity insurance as if he were resident in Switzerland.
This  shall  not  apply  if  he  is  subject  to  the  legislation  of
anotehr  Member  State  according  to  Articles  13  (2)  a)  –  e),
Articles 14 to 14 f) or Article 17 of Regulation 1408/71."

(e) No 9 is replaced by the following:

"9. Where  a  person  who  was  gainfully  employed  or  self-
employed in Switzerland and covering his vital needs has had
to cease his activity owing to an accident or illness and is no
longer subject to Swiss legislation on invalidity insurance, he
shall  be  considered  to  be  covered  by  that  insurance  for  the
purpose  of  eligibility  for  rehabilitation  measures  and
throughout  the  period  during  which  he  benefits  from  these
measures,  provided  that  he  has  not  taken  up  a  new  activity
outside Switzerland."

(3)

The following is inserted under the Title "Section A: Acts referred to" under point 2
"Regulation  (EEC)  No 574/72"  after  "399  R  307:  Council  Regulation  (EC)
No 307/1999 …":

"399 R 1399: Council Regulation (EC) No 1399/1999 of 29 April 1999 (OJ L 164,
30/6/1999, p. 1) amending 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
164, 30/6/1999, p. 1).

301 R  1386 Regulation (EC) No 1386/2001  of  the European Parliament and  of the
Council of 5 June 2001 (OJ L 187, 10/7/2001, p. 1) amending Council Regulations
(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 (EEC) No 574/72 laying down the procedure for implementing
Regulation (EEC) No 1408/71 (OJ L 187, 10.7.2001, p.1).

11

301  R  89  Commission  Regulation  (EC)  No  89/2001  of  17  January  2001  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 (OJ L 14, 18.1.2001, p. 16).

302  R  410  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 (OJ L 62, 5.3.2002, p. 17)."

(4)

Under  the  heading  "For  the  purposes  of  this  Agreement,  the  Regulation  shall  be
adapted as follows:", point 2 of Section A of Annex II of the Agreement is amended
as follows:

(a) Under Point 2 letter (a), concerning Annex 1, number 2 is replaced as follows:

"Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat
à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia,
Direzione  del  lavoro,  Berna  -  State  Secretariat  for  Economic  Affairs,
Directorate of Labour, Berne."

(b) Under Point 2 letter (d), concerning Annex 4, number 5 is replaced as follows:

„Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat
à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia,
Direzione  del  lavoro,  Berna  -  State  Secretariat  for  Economic  Affairs,
Directorate of Labour, Berne.”

(c)

Point 2 letter (g), concerning Annex 7, shall be replaced by the following:

"Switzerland

UBS S.A., Genève - Genf - Ginevra - Geneva”

(d) Under Point 2 letter (j), concerning Annex 10,

(aa)

(bb)

the  words  "Gemeindeverwaltung  -  Administration
in  Number  3 
communale  -  Amministrazione  communale"  are  deleted  in  the  English
version.

the  words  "Gemeindeverwaltung  -  Administration
in  Number  5 
communale - Amministrazione communale" are added before the words
in  parentheses  "the  local  authority  at  the  place  of  residence"  in  the
English version.

(cc) under Number 6, the title "Bundesamt für Wirtschaft und Arbeit, Bern -
Office  fédéral  du  développement  économique  et  de  l'emploi,  Berne  -
Ufficio  federale  dello  sviluppo  economico  e  del  lavoro,  Berna"  are
replaced as follows:

12

"Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat
à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia,
Direzione  del  lavoro,  Berna  -  State  Secretariat  for  Economic  Affairs,
Directorate of Labour, Berne."

(dd) under Number 7(c), the title "Bundesamt für Wirtschaft und Arbeit, Bern
-  Office  fédéral  du  développement  économique  et  de  l'emploi,  Berne  -
Ufficio  federale  dello  sviluppo  economico  e  del  lavoro,  Berna"  are
replaced as follows:

"Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat
à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia,
Direzione  del  lavoro,  Berna  -  State  Secretariat  for  Economic  Affairs,
Directorate of Labour, Berne."

(5)

Section B of Annex II is amended as follows:

(a)

In No 4.23, "387 D XXX" is replaced by "387 Y 1009 (01)"

(b)

In No 4.25, "388 D XXX" is replaced by "388 Y 309 (01)"

(c)

In No 4.26, "388 D XXX" is replaced by "388 Y 309 (3)"

(d)

In No 4.29, "389 D XXX" is replaced by "389 Y 1115 (01)"

(e)

In No 4.30, "390 D XXX" is replaced by "390 Y 412 (01)"

(f)

In No 4.31, "390 D XXX" is replaced by "390 Y 412 (02)"

(g)

In No 4.32, "390 D XXX" is replaced by "390 Y 412 (03)"

(h)

In No 4.33, "390 D XXX" is replaced by "390 Y 330 (01)"

(i) Nos 4.16, 4.46 and 4.47 is deleted.

(j) Under No 4.38

(aa)

in 1(a), the term "invalidity insurance" is replaced by "old-age, survivors'
and invalidity insurance";

(bb)

in 2, the title "Bundesamt für Wirtschaft und Arbeit, Bern - Office fédéral
du  développement  économique  et  de  l'emploi,  Berne  -  Ufficio  federale
dello sviluppo economico e del lavoro, Berna" is replaced as follows:

"Staatssekretariat für Wirtschaft, Direktion für Arbeit, Bern - Secrétariat d'Etat
à l'économie, Direction du travail, Berne - Segretariato di Stato dell'economia,
Direzione  del  lavoro,  Berna  -  State  Secretariat  for  Economic  Affairs,
Directorate of Labour, Berne."

(k) After No 4.55, the following new numbers are added:

“4.56. 399 D  370 Decision No 171 of  9  December 1998  amending  Decision
No  135  of  1  July  1987  concerning  the  granting  of  benefits  in  kind
provided  for  in  Article  17(7)  and  Article  60(6)  of  Council  Regulation

13

(EEC)  No  574/72  and  the  concepts  of  urgency  within  the  meaning  of
Article  20  of  Regulation  (EEC)  No  1408/71  and  of  extreme  urgency
within  the  meaning  of  Article  17(7)  and  Article  60(6)  of  Regulation
(EEC) No 574/72 (OJ L 143, 8.6.1999, p. 11)

4.57. 399  D  371  Decision  No  172  of  9  December  1998  on  the  model  forms
necessary for the application of Council Regulations (EEC) No 1408/71
and (EEC) No 574/72 (E 101) (OJ L 143, 8.6.1999, p. 13)

4.58. 300  D  129  (01)  Decision  No  173  of  9  December  1998  concerning  the
common  arrangements  adopted  by  the  Member  States,  for  the  purposes
of reimbursement  between  institutions  following  the  introduction  of  the
euro unit (OJ C 27, 29.1.2000, p. 21)

4.59. 300  D  141  Decision  No  174  of  20  April  1999  concerning  the
interpretation of Article 22a of Regulation (EEC) No 1408/71 (OJ L 47,
19.2.2000, p. 30)

4.60. 300  D  142  Decision  No  175  of  23  June  1999  on  interpretation  of  the
concept of 'benefits in kind' in the event of sickness or maternity pursuant
to  Article  19(1)  and  (2),  Article  22,  Article  22a,  Article  22b,  Article
25(1),  (3)  and  (4),  Article  26,  Article  28(1),  Article  28a,  Article  29,
Article 31, Article 34a and Article 34b of Council Regulation (EEC) No
1408/71 and on calculation of the amounts to be refunded under Articles
93, 94 and 95 of Regulation (EEC) No 574/72 as well as the advances to
be  paid  pursuant  to  Article  102(4)  of  the  same  Regulation  (OJ L  47,
19.2.2000, p. 32)

4.61. 300  D  582  Decision  No  176  of  24  June  1999  concerning  the
reimbursement  by  the  competent  institution  in  a  Member  State  of  the
costs  incurred  during  a  stay  in  another  Member  State  by  means  of  the
procedure  referred  to  in  Article  34(4)  of  Regulation  (EEC)  No  574/72
(96/249/EC) (OJ L 243, 28.9.2000, p. 42)

4.62. 300 D 748 Decision No 177 of  5  October  1999 on  the forms necessary
for the application of Council Regulations (EEC) No 1408/71 and (EEC)
No 574/72 (E 128 and E 128 B) (OJ L 302, 1.12.2000, p. 65)

4.63. 300 D 749 Decision No 178 of 9 December 1999 on the interpretation of
Article  111(1)  and  (2)  of  Regulation  (EEC)  No574/72  (OJ L  302,
1.12.2000, p. 71)

4.64. 302  D  154  Decision  No  179  of  18  April  2000  on  the  model  forms
necessary for the application of Council Regulations (EEC) No 1408/71
and (EEC) No 574/72 (E 111, E 111 B, E 113 to E 118 and E 125 to E
127) (OJ L 54, 25.2.2002, p. 1)

4.65. 301  D  70  Decision  No  180  of  15  February  2000  on  the  model  forms
necessary for the application of Council Regulations (EEC) No 1408/71
and (EEC) No 574/72 (E 211 E 212) (OJ L 23, 25.1.2001, p. 33)

14

4.66. 301  D  891  Decision  No  181  of  13  December  2000  concerning  the
interpretation  of  Articles  14(1),  14a(1)  and  14b(1)  and  (2)  of  Council
Regulation  (EEC)  No  1408/71  on  the  legislation  applicable  to  posted
workers  and  self-employed  workers  temporarily  working  outside  the
competent State (OJ L 329, 14.12.2001, p. 73)

4.67. 301  D  655  Decision  No  182  of  13  December  2000  concerning  the
establishment of a common framework  for  the  collection of data on the
settlement of pension claims (OJ L 230, 28.8.2001, p. 20)

4.68. 302  D  155  Decision  No  183  of  27  June  2001  on  the  interpretation  of
Article  22(1)(a)  of  Council  Regulation  (EEC)  No  1408/71,  concerning
health  care  in  conjunction  with  pregnancy  and  childbirth  (OJ L  54,
25.2.2002, p. 39).”

15