Draft Decision of the EEA Joint Committee amending Annex VI (Social security) to the EEA Agreement - Draft common position of the Community -
Date: 2007-09-18
Institutions: European Commission
Subjects: family benefit, free movement of workers, social legislation, social-security benefit, social-security harmonisation, worker (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.9.2007 
SEC(2007) 1164 final 

Draft 

DECISION OF THE EEA JOINT COMMITTEE  

amending Annex VI (Social security) to the EEA Agreement 

- Draft common position of the Community - 
(presented by the Commission) 

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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 after its adoption. 

2. 
The  EEA  Joint  Committee  should  therefore  adopt  the  attached  decision  to  amend 
Annex  VI  to  the  EEA  Agreement  by  adding  new  Community  acquis  in  field  of  Social 
Security. The decision concerns the following Regulations:  

32005 R 0647: Regulation (EC) N°647/2005 of the European Parliament and of the 
Council of 13 April 2005 (OJ L 117, 4.5.2005, p. 1) and  

32006 R 0629: Regulation (EC) N°629/2006 of the European Parliament and of the 
Council of 5 April 2006 (OJ L 114, 27.4.2006, p. 1) 

3. 
The  Joint  Committee  Decision  incorporating  Regulations  (EC)  Nos  647/2005  and 
629/2006  into  Annex  VI  of  the  EEA  Agreement  foresees  several  deletions  as  well  as  the 
replacement of an adaptation text in Annex VI which shall be explained in the following:  

First,  the  Joint  Committee  Decision  replaces  adaptation  (n)  of  point  1  (Council  Regulation 
(EEC)  No  1408/71).  This  replacement  in  fact  deletes  all  points  in  adaptations  (n)  which 
foresee  that  there  is  no  agreement  between  two  EEA  countries  (i.e.  “No  convention”  or 
“None”). Furthermore, it deletes points 331, 337, 345, 359, 370, 371 and 373 in adaptation (n) 
due to the fact that the agreements therein mentioned do not fulfil the conditions mentioned in 
Recital 4 of Regulation (EC) No 647/2005 (this concerns agreements between Liechtenstein – 
Germany,  Liechtenstein  –  Italy,  Liechtenstein  –  Austria,  Norway  –  Greece,  Norway  – 
Netherlands,  Norway  –  Austria  and  Norway  –  Portugal).  At  the  same  time,  the  remaining 
points  are  re-numbered  and  the  text  of  these  points  is  aligned  with  the  wording  used  in 
Regulation (EC) No 647/2005. 

Second,  for  the  same  reasons  as  mentioned  above,  adaptation  (o)  of  point  1  (Council 
Regulation (EEC) No 1408/71) is deleted. 

Third,  the  text  of  letters  (a)  and  (c)  under  the  heading  “ZC.  Norway”  in  adaptation  (m)  of 
point  1  (Council  Regulation  (EEC)  No  1408/71)  is  deleted  in  line  with  the  Commission’s 
interpretation of the amended Article 4(2a) of Regulation (EEC) No 1408/71. However, this 
shall be without prejudice to the possibility of reconsidering the deletion of these two entries 
in case the European Court of Justice will dismiss, partly or as a whole, the application of the 
Commission in the case C-299/05. 

Fourth, Liechtenstein has requested to delete the text of paragraph 1 under the heading ‘ZB. 
LIECHTENSTEIN’ in adaptation (t) of point 1 (Council Regulation (EEC) No 1408/71). The 
reason put forward by Liechtenstein is the following: 

This  entry  was  necessary  because  of  the  so-called  “insurance  clause”  which  was  in  force 
when  Liechtenstein  joined  the  EEA  in  1995.  According  to  the  Liechtenstein  legislation  in 
1995, invalidity pensions by the Liechtenstein Invalidity Insurance could only  by  granted if 
the  applicant  was  insured  with  the  Liechtenstein  Invalidity  Insurance  on  the  very  date  on 
which the risk materialized (i.e. on the very date on which the person became disabled). This 
provision  of  the  national  law  (“insurance  clause”)  was  in  conflict  with  the  right  to  free 

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movement of persons – therefore paragraph (1) under the heading ‘ZB. LIECHTENSTEIN’ in 
adaptation (t) was foreseen in Annex VI. 

On 1 May 2001 the national provisions have been amended. The so-called “insurance clause” 
is  now  met  if  the  applicant  on  the  date  on  which  s/he  becomes  invalid  meets  any  of  the 
following conditions: (a) the person is insured with the Liechtenstein Invalidity Insurance or 
(b)  the  person  either  lives  or  works  in  a  state  with  which  Liechtenstein  has  entered  social 
security agreements or (c) the person is insured with the National Insurance of any state with 
which Liechtenstein has entered social security agreements or (d) the person has at the time of 
the pension application completed 25% of the contribution period which a person of the same 
age could have completed if that person was at all times (i.e. as of the age of 20 until the time 
of the pension application) insured with the Liechtenstein Invalidity Insurance. 

In  the  meaning  of  lit.  (b)  and  (c),  Regulation  (EEC)  No  1408/71  would  be  considered  as  a 
social security agreement. When applying lit. (d), contribution periods in any EEA State are 
taken into consideration. It can therefore be concluded that the current paragraph (1) under the 
heading ‘ZB. LIECHTENSTEIN’ in adaptation (t) with regard to Council Regulation (EEC) 
No 1408/71 is no longer necessary and can be deleted. 

Finally, the text of adaptation (n) in point 2 (Council Regulation (EEC) No 574/72) is deleted 
as Regulation (EC) No 647/2005 deletes Annex 11 to Regulation (EEC) No 574/72. 

4. 
Furthermore, it is the view of the Commission Services that the existing adaptation to 
Annex IIa for Liechtenstein in point ZB.d) “helplessness allowance” should have been deleted 
since it seems to be contrary to the aim of Regulation 647/2005. However, the adaptation has 
been  maintained,  but  the  Commission  follows  closely  the  legal  action  that  the  EFTA 
Surveillance Authority has taken against Liechtenstein on this matter.  

5. 
Article 1(3)(a) of Council Regulation (EC) No 2894/94 concerning the arrangements 
for implementing the EEA Agreement envisages that the Council establishes the Community 
position for decisions extending Community legislation with substantial changes. 

6. 
The draft Decision of the EEA Joint Committee is submitted for the approval of the 
Council.  The  Commission  aims  to  put  forward  the  position  of  the  Community  in  the  EEA 
Joint Committee as soon as possible after the adoption of the Council. 

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Draft 

DECISION OF THE EEA JOINT COMMITTEE  

amending Annex VI (Social security) 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 Article 98 thereof, 

Whereas: 

(1) 

(2) 

(3) 

Annex  VI  to  the  Agreement  was  amended  by  Decision  of  the  EEA  Joint  Committee 
No …/… of …1. 

Regulation  (EC)  No  647/2005  of  the  European  Parliament  and  of  the  Council  of  13 
April  2005  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  1408/712  is  to  be 
incorporated into the Agreement. 

Regulation  (EC)  No  629/2006  of  the  European  Parliament  and  of  the  Council  of  5 
April  2006  amending  Council  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  Council  Regulation 
(EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 
1408/713 is to be incorporated into the Agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Point  1  (Council  Regulation  (EEC)  No  1408/71)  of  Annex  VI  to  the  Agreement  shall  be 
amended as follows: 

1. 

The following indents shall be added: 

‘- 

32005 R 0647: Regulation (EC) No 647/2005 of the European Parliament and 
of the Council of 13 April 2005 (OJ L 117, 4.5.2005, p. 1), 

1 
2 
3 

OJ L … 
OJ L 117, 4.5.2005, p. 1. 
OJ L 114, 27.4.2006, p. 1. 

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- 

32006 R 0629: Regulation (EC) No 629/2006 of the European Parliament and 
of the Council of 5 April 2006 (OJ L 114, 27.4.2006, p. 1).’ 

2. 

The text of adaptation (n) shall be replaced by the following: 

‘The following shall be added to Annex III(A): 

32. 

ICELAND – DENMARK 

Article  10  of  the  Nordic  Convention  on  Social  Security  of  15  June  1992, 
concerning coverage of extra travel expenses in case of sickness during stay in 
another Nordic country making a more expensive return travel to the country of 
residence necessary. 

33. 

ICELAND – FINLAND 

Article  10  of  the  Nordic  Convention  on  Social  Security  of  15  June  1992, 
concerning coverage of extra travel expenses in case of sickness during stay in 
another Nordic country making a more expensive return travel to the country of 
residence necessary. 

34. 

ICELAND – SWEDEN 

Article  10  of  the  Nordic  Convention  on  Social  Security  of  15  June  1992, 
concerning coverage of extra travel expenses in case of sickness during stay in 
another Nordic country making a more expensive return travel to the country of 
residence necessary. 

35. 

ICELAND – NORWAY 

Article  10  of  the  Nordic  Convention  on  Social  Security  of  15  June  1992, 
concerning coverage of extra travel expenses in case of sickness during stay in 
another Nordic country making a more expensive return travel to the country of 
residence necessary. 

36.  NORWAY – DENMARK 

Article  10  of  the  Nordic  Convention  on  Social  Security  of  15  June  1992, 
concerning coverage of extra travel expenses in case of sickness during stay in 
another Nordic country making a more expensive return travel to the country of 
residence necessary. 

37.  NORWAY – FINLAND 

Article  10  of  the  Nordic  Convention  on  Social  Security  of  15  June  1992, 
concerning coverage of extra travel expenses in case of sickness during stay in 
another Nordic country making a more expensive return travel to the country of 
residence necessary. 

38.  NORWAY – SWEDEN 

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Article  10  of  the  Nordic  Convention  on  Social  Security  of  15  June  1992, 
concerning coverage of extra travel expenses in case of sickness during stay in 
another Nordic country making a more expensive return travel to the country of 
residence necessary.’ 

The text of letters (a) and (c) under the heading ‘ZC. Norway’ in adaptation (m) shall 
be deleted. 

The text of adaptation (o) shall be deleted. 

The text of paragraph 1 under the heading ‘ZB. LIECHTENSTEIN’ in adaptation (t) 
shall be deleted. 

3. 

4. 

5. 

Article 2 

Point  2  (Council  Regulation  (EEC)  No  574/72)  of  Annex  VI  to  the  Agreement  shall  be 
amended as follows: 

1. 

The following indents shall be added: 

‘- 

- 

32005 R 0647: Regulation (EC) No 647/2005 of the European Parliament and 
of the Council of 13 April 2005 (OJ L 117, 4.5.2005, p. 1), 

32006 R 0629: Regulation (EC) No 629/2006 of the European Parliament and 
of the Council of 5 April 2006 (OJ L 114, 27.4.2006, p. 1).’ 

2. 

The text of adaptation (n) shall be deleted. 

Article 3 

The  texts  of  Regulations  (EC)  Nos  647/2005  and  629/2006  in  the  Icelandic  and  Norwegian 
languages,  to  be  published  in  the  EEA  Supplement  to  the  Official  Journal  of  the  European 
Union, shall be authentic. 

This Decision shall enter into force on […], provided that all the notifications under Article 
103(1) of the Agreement have been made to the EEA Joint Committee*. 

Article 4 

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the 
Official Journal of the European Union. 

Article 5 

* 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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Done at Brussels, […]. 

For the EEA Joint Committee 
The President 
[…] 

The Secretaries 
to the EEA Joint Committee 
[…] 

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Joint Declaration 
for entry into the agreed minutes of the EEA Joint Committee Meeting of […] adopting 
Decision No […] incorporating Regulations (EC) Nos 647/2005 and 629/2006 into the 
Agreement 

‘The deletion of the text of letters (a) and (c) under the heading ‘ZC. Norway’ in adaptation 
(m) of point 1 (Council Regulation (EEC) No 1408/71) of Annex VI to the Agreement shall 
be without prejudice to the possibility to reconsider the deletion of these entries in case the 
European  Court  of  Justice  will  dismiss,  partially  or  as  a  whole,  the  application  of  the 
Commission in case C-299/05.’ 

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