2006/652/EC: Decision No 1/2006 of the EU-Swiss Joint Committee of 6 July 2006 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
Date: 2006-07-06
Institutions: EC–Switzerland Joint Committee
Subjects: France, Portugal, Switzerland, agreement (EU), free movement of persons, health care, health insurance, social security

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COMMISSION

DECISION No 1/2006 OF THE EU-SWISS JOINT COMMITTEE

of 6 July 2006

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

(2006/652/EC)

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 Articles 14 and 18 thereof,

Whereas:

(1)

(2)

The Agreement between the European Community and
its Member States, of the one part, and the Swiss Confed-
eration, 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.

(Social Security)

Annex II to the Agreement, as amended by Decision No
the EU-Swiss Joint Committee of 15 July
2/2003 of
2003 amending Annex II
to the
Agreement between the European Community and its
Member States, of the one part, and the Swiss Confed-
eration, of
the other part, on the free movement of
persons (1), refers in particular to Council Regulations
(EEC) No 1408/71 (2) and (EEC) No 574/72 (3), as
updated by Regulation (EC) No 118/97 (4) as well as to
including Regulation
subsequent amending Regulations,
(EC) No 1386/2001 of the European Parliament and of
the Council (5) and Commission Regulation (EC) No
410/2002 (6).

(1) OJ L 187, 26.7.2003, p. 55.
(2) OJ L 149, 5.7.1971, p. 2.
(3) OJ L 74, 27.3.1972, p. 1.
(4) OJ L 28, 30.1.1997, p. 1.
(5) OJ L 187, 10.7.2001, p. 1.
(6) OJ L 62, 5.3.2002, p. 17.

(3)

(4)

(5)

Regulations (EEC) No 1408/71 and (EEC) No 574/72
have, since the adoption of Decision 2/2003 of
the
EU-Swiss Joint Committee, been amended twice. Conse-
quently, it is now necessary to incorporate the relevant
amending acts, namely Commission Regulation (EC) No
1851/2003 (7) and Regulation (EC) No 631/2004 of the
European Parliament and of
into the
Agreement, and more specifically into Annex II thereto.

the Council (8),

The option to request exemption from compulsory Swiss
sickness insurance should be offered to pensioners who
receive a Swiss pension and who reside in Portugal as
they will be
sickness
insurance.

covered by the Portuguese

Persons who reside in France and who are insured under
the Swiss sickness insurance scheme despite the possi-
bility to ask for exemption should have access
to
healthcare in France and in Switzerland.

(6)

It needs to be indicated that Switzerland does not have a
scheme which provides only for family allowances or
supplementary or special allowances for orphans.

(7)

Annex II needs to be amended to list the competent
German institution and liaison body regarding pension
insurance in relation to Switzerland.

(7) OJ L 271, 22.10.2003, p. 3.
(8) OJ L 100, 6.4.2004, p. 1.

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(8)

(9)

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.

Article 2

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

is in the interest of

the persons covered by the
It
Agreement
in time, any
negative effects arising from the application of different
coordination rules by the Contracting Parties.

to resolve, or at

limit

least

(10) Amendments to Annex II which insert the reference to
Regulation (EC) No 631/2004 and which refer to the
possibility of exempting pensioners residing in Portugal
from Swiss compulsory insurance should take effect as
from 1 June 2004, and amendments which concern the
possibility for persons
residing in France to access
healthcare in Switzerland should take effect as from
1 January 2004,

However:

— provisions of this Decision which insert the reference to
Regulation (EC) No 631/2004, as well as those regarding
Point 3(b) of Annex II to the Agreement, extending the
possibility of exemption from Swiss compulsory insurance
for pensioners residing in Portugal shall
take effect on
1 June 2004;

— provisions of this Decision regarding Point 4 of Annex II to
the Agreement offering access to healthcare in Switzerland
to persons who are covered by the Swiss sickness insurance
scheme and who reside in France shall
take effect on
1 January 2004.

HAS DECIDED AS FOLLOWS:

Done at Brussels, 6 July 2006.

Article 1

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

For the Joint Committee
The Chairman

Dieter GROSSEN

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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 hereby amended as follows:

1. The following is added under the Title ‘Section A: Acts referred to’ under point 1 ‘Regulation (EEC) No 1408/71’ as the

last entry.

‘304 R 631: Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004
amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed
persons and their families moving within the Community, and Council Regulation (EEC) No 574/72 fixing the
procedure for implementing Regulation (EEC) No 1408/71, in respect of the alignment of rights and the simplification
of procedures (OJ L 100, 6.4.2004, p. 1).’

2. Under the heading ‘For the purposes of this Agreement, the Regulation shall be amended as follows:’, point 1 of

Section A of Annex II of the Agreement is amended as follows:

(a) Under (o), concerning Annex VI, insert the following under No 3, (b) after the word ‘… Finland’:

‘and with regard to persons referred to in (a) (ii), Portugal.’

(b) Under (o), concerning Annex VI, insert under No 4 after the word ‘Belgium,’ the word ‘France’.

(c) After p), concerning Annex VII, add a new paragraph q):

‘q) The following shall be added to Annex VIII:

Switzerland

None’

3. The following references are inserted under the Title ‘Section A: Acts referred to’ under point 2,

No 574/72’:

‘Regulation (EEC)

(a)

after the reference ‘302 R 410: Commission Regulation (EC) No 410/2002 …’:

and, once the Protocol 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 regarding the participation as
Contracting Parties of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic pursuant to their accession to the European Union has entered into force,

before the reference ‘12003 TN 02/02/A: Act concerning the conditions of accession …’

‘303 R 1851: Commission Regulation (EC) No 1851/2003 of 17 October 2003 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 271, 22.10.2003, p. 3).’

(b)

after the above title of Regulation (EC) No 1851/2003 and, once the Protocol 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 regarding the participation as Contracting Parties of the Czech Republic, the Republic
of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic pursuant to their
accession to the European Union has entered into force,

after the reference ‘12003 TN 02/02/A: Act concerning the conditions of accession …’.

‘304 R 631: Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004
amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed
persons and their families moving within the Community, and Council Regulation (EEC) No 574/72 fixing the
procedure for implementing Regulation (EEC) No 1408/71,
in respect of the alignment of rights and the
simplification of procedures (OJ L 100, 6.4.2004, p. 1)’.

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4. Under the heading ‘For the purposes of this Agreement, the Regulation shall be amended as follows:’, point 2 of

Section A of Annex II of the Agreement is amended as follows:

(a) Under b), concerning Annex 2, the following section is inserted before the section headed ‘Switzerland’:

‘C. GERMANY
1. Under point 2 “Pension insurance for manual workers, clerical workers and miners”, the following addition is

made to (a)(i), first sentence:

“if the person concerned is resident in Switzerland or is a Swiss national resident in the territory of a non-
member State:

Landesversicherungsanstalt Baden-Württemberg (Regional Insurance Office of Baden-Württemberg), Karlsruhe.”

2. Under point 2 “Pension insurance for manual workers, clerical workers and miners”, the following addition is

made to (b)(i), first sentence:

“if the last contribution under the legislation of another Member State was paid into a Swiss pension insurance
institution:

Landesversicherungsanstalt Baden-Württemberg (Regional Insurance Office of Baden-Württemberg), Karlsruhe”.’

(b) Under c) concerning Annex 3, the following section is inserted before the section headed ‘Switzerland’:

‘C. GERMANY
Under point 3 “Pension insurance”, the following addition is made to (a):

In relation to Switzerland:

Landesversicherungsanstalt Baden-Württemberg (Regional Insurance Office of Baden-Württemberg), Karlsruhe’.

(c) Under d) concerning Annex 4, the following section is inserted before the section headed ‘Switzerland’:

‘C. GERMANY
Under point 3 “Pension insurance”, the following addition is made to (b):

In relation to Switzerland:

Landesversicherungsanstalt Baden-Württemberg (Regional Insurance Office of Baden-Württemberg), Karlsruhe’.

5. Section B of Annex II is amended as follows:

(a) Nos 4.19, 4.32, 4.48 and 4.68 are deleted.

(b) After No 4.68, the following new numbers are added

‘4.69: Decision No 184 of 10 December 2001 on the model forms necessary for the application of Council
Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 201 to E 207, E 210, E 213 and E 215) (OJ L 304,
6.11.2002, p. 1)

4.70: Decision No 185 of 27 June 2002 amending Decision No 153 of 7 October 1993 (form E 108) and
Decision No 170 of 11 June 1998 (compilation of the lists provided for in Article 94(4) and Article 95(4) of
Council Regulation (EEC) No 574/72 of 21 March 1972) (OJ L 55, 1.3.2003, p. 74)

4.71: Decision No 186 of 27 June 2002 on the model forms necessary for the application of Council Regulations
(EEC) No 1408/71 and (EEC) No 574/72 (E 101) (OJ L 55, 1.3.2003, p. 80)

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4.72: Decision No 187 of 27 June 2002 on the model forms necessary for the application of Council Regulations
(EEC) No 1408/71 and (EEC) No 574/72 (E 111 and E 111B) (OJ L 93, 10.4.2003, p. 40)

4.73: Decision No 188 of 10 December 2002 on the model forms necessary for the application of Council
Regulation (EEC) No 574/72 (E 210 and E 211) (OJ L 112, 6.5.2003, p. 12)

4.74: Decision No 189 of 18 June 2003 aimed at introducing a European health insurance card to replace the
forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 as regards
access to health care during a temporary stay in a Member State other than the competent State or the State of
residence (OJ L 276, 27.10.2003, p. 1)

4.75: Decision No 190 of 18 June 2003 concerning the technical specifications of the European health insurance
card (OJ L 276, 27.10.2003, p. 4)

4.76: Decision No 191 of 18 June 2003 concerning the replacement of forms E 111 and E 111B by the European
health insurance card (OJ L 276, 27.10.2003, p. 19)

4.77: Decision No 192 of 29 October 2003 concerning the conditions for implementing Article 50(1)(b) of
Council Regulation (EEC) No 574/72 (OJ L 104, 8.4.2004, p. 114)

For the purposes of this Agreement, the Decision is hereby amended as follows:

In point 2.4 the following shall be added:

Switzerland

Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compen-
sazione, Ginevra.

4.78: Decision No 193 of 29 October 2003 on the processing of pension claims (OJ L 104, 8.4.2004, p. 123)

4.79: Decision No 194 of 17 December 2003 concerning the uniform application of Article 22(1)(a)(i) of Council
Regulation (EEC) No 1408/71 in the Member State of stay (OJ L 104, 8.4.2004, p. 127)

4.80: Decision No 195 of 23 March 2004 on the uniform application of Article 22(1)(a)(i) of Regulation (EEC) No
1408/71 as regards health care in conjunction with pregnancy and childbirth (OJ L 160, 30.4.2004, p. 134)

4.81: Decision No 196 of 23 March 2004 pursuant to Article 22(1a) of Regulation (EEC) No 1408/71 (OJ L 160,
30.4.2004, p. 135)

4.82: Decision No 197 of 23 March 2004 on the transitional periods for the introduction of the European Health
Insurance Card in accordance with Article 5 of Decision No 191 (OJ L 343, 19.11.2004, p. 28)

4.83: Decision No 198 of 23 March 2004 concerning the replacement and abolition of the model forms necessary
for the implementation of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E110, E111, E111B,
E113, E114, E119, E128, E128B) (OJ L 259, 5.8.2004, p. 1)’

6. In Section C: ‘Acts of which the contracting parties shall take note’ after No 6.4 the following new number is added:

‘6.5: Recommendation No 23 of 29 October 2003 on the processing of pension claims (OJ L 104, 8.4.2004, p. 125).’