Proposal for a Council Decision on the position to be taken by the Community within the Association Council created by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, with regard to the adoption of provisions on the co-ordination of the social security systems
Date: 2007-12-11
Institutions: European Commission
Subjects: EU Member State, European Community, Tunisia, administrative formalities, association agreement (EU), family benefit, social security, social-security benefit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.12.2007 
COM(2007) 788 final 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the Community within the Association Council created by 
the Euro-Mediterranean Agreement establishing an association between the European 
Communities and their Member States, of the one part, and the Republic of Tunisia, of 
the other part, with regard to the adoption of provisions on the co-ordination of the 
social security systems 

(presented by the Commission) 

EN 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Article  67  of  the  Euro-Mediterranean  Agreement  establishing  an  association  between 
the European Communities and their Member States, of the one part, and the Republic 
of  Tunisia,  of  the  other  part,1  lays  down  that  the  Association  Council  shall  adopt 
provisions to implement the principles on the co-ordination of social security systems 
set  out  in  Article  65  of  this  Agreement  before  the  end  of  the  first  year  following  its 
entry into force. 

120 

•  General context 

130 

At  Community  level,  Member  States'  social  security  systems  are  coordinated  by 
Regulation  (EEC)  No  1408/712  and  its  implementing  Regulation  (EEC)  No  574/723. 
Articles  65-68  of  the  Agreement  with  Tunisia  contain  provisions  for  limited  co-
ordination  between  the  social  security  systems  of  Member  States  and  Tunisia.  A 
Decision of the Association Council established by the Agreement is required in order 
that the principles set out in Article 65 can take effect. 

A  number  of  other  Association  Agreements  with  third  countries  contain  similar 
provisions  on  the  co-ordination  of  social  security  systems.  This  proposal  is  part  of  a 
package of proposals which includes similar proposals with regard to the Agreements 
with  Morocco,  Algeria,  Croatia,  the  former  Yugoslav  Republic  of  Macedonia  and 
Israel. 

In  order  to  establish  the  position  to  be  taken  by  the  Community  in  this  Association 
Council, a Council Decision is necessary.  

•  Existing provisions in the area of the proposal 
Council Regulation (EC) No 859/20034 extends the provisions of Regulation (EEC) No 
1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not 
already  covered  by  those  provisions  solely  on  the  grounds  of  their  nationality.  This 
Regulation already covers the principle of aggregation of insurance periods acquired by 
Tunisian  workers  in  the  various  Member  States  regarding  entitlement  to  certain 
benefits,  as  set  out  in  Article  65  (2)  of  the  Agreement  with  Tunisia.  However,  as 
Regulation (EC) No 859/2003 is based on Title IV of the Treaty, Denmark is not bound 
by or subject to this Regulation, in accordance with Articles 1 and 2 of the Protocol on 
the position of Denmark annexed to the Treaty on the European Union and the Treaty 
establishing  the  European  Community.  It  only  applies  to  the  United  Kingdom  and 
Ireland,  because,  in  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the 
United  Kingdom  and  Ireland  annexed  to  the  Treaty  on  the  European  Union  and  the 
Treaty  establishing  the  European  Community,  both  Member  States  gave  notice  that 
they wished to participate in the application of Regulation (EC) No 859/2003. 

1 
2 

3 

4 

OJ L 97, 30.3.1998, p. 2. 
OJ  L  149,  5.7.1971,  p.  2.  Regulation  as  last  amended  by  Regulation  (EC)  No  1992/2006  of  the 
European Parliament and of the Council (OJ L 392, 30.12.2006, p. 1). 
OJ  L  74,  27.3.1972,  p.  1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No  311/2007 
(OJ L 82, 23.3.2007, p. 6). 
OJ L 124, 20.5.2003, p. 1. 

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141 

•  Consistency with other policies and objectives of the Union 

In  2004,  the  EU  launched  the  European  Neighbourhood  Policy,  which  seeks  to 
strengthen relations with sixteen countries bordering the Union, including Tunisia, with 
a  view  to  avoiding  new  dividing  lines  in  Europe,  and  promoting  peace,  stability  and 
prosperity.  In  the  context  of  this  policy,  on  4  July  2005,  the  European  Union  and 
Tunisia adopted by means of a recommendation of the Association Council an Action 
Plan  laying  down  mutually-agreed  objectives  for  strengthening  their  cooperation  in  a 
wide range of policy areas over a three- to five-year period. Objective 29 of this Action 
Plan  states  that  parties  will  strive,  as  a  short  term  priority,  to  take  a  decision  to 
implement Article 65 of the Association Agreement. 

This proposal will therefore contribute to the implementation of the EU-Tunisia Action 
Plan  and  hence  to  the  fulfilment  of  the  objectives  of  the  European  Neighbourhood 
Policy. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The main features of this proposal were discussed with Member States' delegations in 
the  Administrative  Commission  on  Social  Security  for  Migrant  Workers,  a  body 
established by Regulation (EEC) No 1408/71. Delegations had also the opportunity to 
submit notes on this subject. 

212 

Summary of responses and how they have been taken into account 

Most of the comments of Member States were of a very general nature. Some of them, 
such as those referring to the need for provisions on administrative checks and medical 
examinations, have been taken into account in this proposal. Other issues, in particular 
provisions on the enforcement of administrative fines, were not considered appropriate 
for inclusion in the proposal because they fall outside the scope of Articles 65-68 of the 
Agreement with Tunisia. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

229 

230 

Articles  65-68  of  the  Agreement  with  Tunisia  contain  provisions  on  limited  co-
ordination  between  the  social  security  systems  of  Member  States  and  Tunisia.  A 
number  of  other  Association  Agreements  with  third  countries  contain  similar 
provisions  on  the  co-ordination  of  social  security  systems.  All  of  them  require  a 
Decision of the relevant Association Council so that the principles, as set out in Article 
65, can take effect. 

The  aim  of  the  above  Articles  in  the  social  security  field  is  that  a  worker  from  the 
associated  country  concerned  can  receive  certain  social  security  benefits  provided 
under the legislation of the Member State(s) to which he is or has been subject. This 
also  applies,  by  way  of  reciprocity,  to  an  EU  national  working  in  the  associated 
country. 

EN 

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As all the provisions in the proposals included in the current package of proposals with 
regard  to  six  associated  countries  (Morocco,  Algeria,  Tunisia,  the  former  Yugoslav 
Republic of Macedonia, Croatia and Israel) are almost identical, this will facilitate the 
application  of  these  provisions  by  Member  States'  social  security  institutions.  There 
might be some financial implications for national social security institutions resulting 
from  the  application  of  these  proposals,  since  they  have  to  provide,  for  example,  the 
benefits  as  described  in  Article  65  of  the  Agreement  with  Tunisia.  However,  this 
Article only concerns persons who are or have been contributing to the national social 
security system of the country concerned, as provided for under its national legislation. 
In any case, it may be difficult to gauge the precise impact of these proposals on the 
national social security systems at this stage. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

This  proposal  consists  of  a  Council  Decision  on  the  position  to  be  taken  by  the 
Community within the Association Council established by the Agreement with Tunisia 
and, in the Annex, of a Decision of the Association Council in the social security field. 

The proposed Decision of the Association Council fulfils the requirement of Article 67 
of the Agreement with Tunisia for such a Decision, in order to put in place the social 
security  principles  contained  in  Article  65.  The  Decision  therefore  contains 
implementing  provisions  with  regard  to  those  provisions  of  Article  65  of  the 
Agreement  with  Tunisia  which  are  not  already  covered  by  Regulation  (EC)  No 
859/2003  or  declared  by  the  Court  to  be  directly  applicable,  such  as  the  non-
discrimination clause contained in Article 65 (1). These remaining provisions concern 
in particular provisions in respect of Denmark on the aggregation of insurance periods 
acquired by Tunisian workers in the various Member States and the export of certain 
benefits to Tunisia. 

Moreover,  the  proposed  Decision  of  the  Association  Council  ensures  that  the 
provisions on the export of benefits and the granting of family benefits also apply, by 
way  of  reciprocity,  to  EU  workers  legally  employed  in  Tunisia  and  to  their  family 
members legally resident in Tunisia.  

310 

329 

331 

•  Legal basis 

Article 310 of the Treaty in conjunction with its Article 300 (2), first subparagraph, last 
sentence, and second subparagraph thereof. 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

Member States continue to have exclusive competence in determining, organising and 
financing their national social security systems. 

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The  proposal  only  facilitates  the  co-ordination  of  social  security  systems  of  Member 
States  and  Tunisia,  to  the  benefit  of  the  citizens  of  these  countries.  Moreover,  the 
proposal does not affect any rights and obligations arising from bilateral social security 
agreements concluded between the Member States and Tunisia where the latter provide 
for more favourable treatment of the persons concerned. 

The  proposal  minimises  the  financial  and  administrative  burden  for  national 
authorities,  as  it  is  part  of  a  package  of  similar  proposals  which  ensure  a  uniform 
application  of  social  security  provisions  contained  in  Association  Agreements  with 
third countries. 

•  Choice of instruments 

Proposed  instruments:  Council  Decision  (containing  in  Annex  a  Draft  Association 
Council Decision). 

Other means would not be adequate for the following reason(s). 

There  is  no  alternative  option  to  the  proposed  action.  Article  67  of  the  Agreement 
requires a Decision of the respective Association Council. Article 300 (2) of the Treaty 
provides  for  a  Council  Decision  for  the  purpose  of  establishing  the  positions  to  be 
adopted on behalf of the Community in a body set up by an Association Agreement, 
when that body is called upon to adopt decisions having legal effects. 

4)  BUDGETARY IMPLICATION 

The proposal has no implications for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public 
authorities (EU or national), and simplification of administrative procedures for private 
parties. 

The provisions in the proposal relating to the co-ordination of social security systems 
for  Tunisian  nationals  are  almost  identical  to  those  for  the  nationals  of  the  other 
associated  countries.  This  will  lead  to  a  simplification  of  the  procedures  and  fewer 
administrative burdens for national social security institutions.  

Persons falling under the proposal are not confronted with different national provisions 
as regards the social security principles contained in Article 65 of the Agreement with 
Tunisia, and can therefore rely instead on uniform provisions within the Community. 

•  Detailed explanation of the proposal 

A.  Council  Decision  on  the  position  to  be  taken  by  the  Community  within  the 
Association Council created by the Euro-Mediterranean Agreement with Tunisia 
with regard to the provisions on co-ordination of the social security systems. 

332 

341 

342 

409 

510 

511 

513 

514 

570 

EN 

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Article 1 

This  Article  clarifies  the  legal  relationship  between  this  Council  Decision  and  the 
annexed Decision of the Association Council. 

B. Annexed Decision of the Association Council with regard to the provisions for 
the co-ordination of the social security systems contained in the Agreement. 

Part I: General provisions 

Article 1 

This Article defines, for the purposes of the legislation of a Member State and for the 
purpose  of  the  legislation  of  Tunisia,  the  terms  "Agreement",  "Regulation", 
"implementing  Regulation",  "Member  State",  "worker",  "member  of  the  family", 
"legislation",  "benefits"  and  "family  benefits",  and  refers  to  the  Regulation  and 
implementing Regulation for the other terms used in the annexed Decision. 

Article 2 

In  line  with  the  wording  of  Article  65  of  the  Agreement  with  Tunisia,  this  Article 
defines the persons covered by the annexed Decision. 

Part II 

Relations between the Member States and Tunisia 

This Part of the annexed Decision covers the principles contained in Article 65 (4) of 
the  Agreement  with  Tunisia  as  well  as  the  reciprocity  clause  with  regard  to  EU 
nationals and the members of their family, as provided for in Article 65 (5). 

Article 3 

This Article lists the social security branches referred to in Article 65 (3) and (4) of the 
Agreement with Tunisia to which Part II of the annexed Decision applies. 

Article 4 

This  Article  contains  the  principle  of  the  export  of  cash  benefits  as  provided  for  by 
Article 65 (4) of the Agreement with Tunisia and makes it clear that this principle is 
limited to the benefits contained in Article 1 (h) of the annexed Decision which lists the 
benefits referred to in this paragraph. 

Article 5 

This  Article  specifies  which  persons  covered  by  this  proposal  are  entitled  to  family 
benefits  on  behalf  of  the  competent  state.  It  clearly  follows  from  this  Article  that,  in 
line with Article 65 (3) of the Agreement with Tunisia, there is no entitlement to family 
benefits  for  family  members  of  a  Tunisian  worker,  if  these  family  members  reside 
outside the territory of the European Union.  

Part III 

Application of social security provisions with regard to Denmark 

Article 6 

Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance 
periods  acquired  by  a  Tunisian  worker  within  the  Community  with  regard  to  the 
entitlement  to  certain  benefits,  as  set  out  in  Article  65  (2)  of  the  Agreement  with 
Tunisia. However, as this Regulation is based on Title IV of the Treaty, in accordance 
with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty 
establishing the European Community, Denmark is not bound by or subject to it. This 

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Article therefore clarifies that Denmark shall use the relevant provisions of Regulations 
(EEC)  No  1408/71  and  No  574/72  in  order  to  implement  the  above  aggregation 
principle. 

Part IV 

Miscellaneous provisions 

Article 7 

This  Article  contains  general  provisions  for  cooperation  between  Member  States  and 
their institutions, of the one part, and Tunisia and its institutions, of the other part, as 
well as between the beneficiaries and the institutions concerned. These provisions are 
similar  to  those  of  Article  84  (1),  (2)  and  (3)  of  Regulation  (EEC)  No  1408/71  and 
Article  76  (3),  (4),  first  and  third  sub-paragraphs,  and  (5)  of  Regulation  (EC)  No 
883/2004. 

Article 8 

This  Article  lays  down  the  procedures  for  administrative  checks  and  medical 
examinations  similar  to  those  contained  in  Article  51  (1)  of  Regulation  (EEC)  No 
574/72.  Moreover,  it  provides  for  the  possibility  to  adopt  other  implementing 
provisions in this area. 

Article 9 

This Article refers to Annex II to the annexed Decision which is similar to Annex VI to 
Regulation (EEC) No 1408/71 and to Annex XI to Regulation (EC) No 883/2004, and 
which  is  necessary  in  order  to  lay  down  the  necessary  special  provisions  for  the 
application of Tunisian legislation with regard to the annexed Decision. 

Article 10 

As provided for in Article 68 of the Agreement with Tunisia, this Article specifies that 
provisions of bilateral Agreements providing for more favourable treatment remain in 
force. 

Article 11 

This  Article  provides  for  the  possibility  to  conclude  supplementary  administrative 
Agreements. 

Article 12 

The  transitional  provisions  provided  for  under  this  Article  correspond  to  the 
transitional provisions of Article 94 (1), (3), (4), (6) and (7) of Regulation (EEC) No 
1408/71 as well as to the similar Article 87 (1), (3), (4), (6) and (7) of Regulation (EC) 
No 883/2004.  

Article 13 

This Article clarifies the legal status of the Annexes to the annexed Decision and the 
procedure for amending them. 

Article 14 

This  Article  contains  a  procedure  to  ensure  that  all  the  necessary  measures  to 
implement the annexed Decision are taken. 

Article 15 

This Article clarifies the date of entry into force of the annexed Decision. 

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Proposal for a 

COUNCIL DECISION 

on the position to be taken by the Community within the Association Council created by 
the Euro-Mediterranean Agreement establishing an association between the European 
Communities and their Member States, of the one part, and the Republic of Tunisia, of 
the other part, with regard to the adoption of provisions on the co-ordination of the 
social security systems 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 310 in conjunction with Article 300 (2), first subparagraph, last sentence, and second 
subparagraph thereof, 
Having regard to the proposal from the Commission5, 

Whereas: 

(1) 

(2) 

Article 67 of the Euro-Mediterranean Agreement establishing an Association between 
the European Communities and their Member States, of the one part, and the Republic 
of  Tunisia,  of  the  other  part,  lays  down  that  the  Association  Council  shall  adopt 
provisions to implement the principles on the co-ordination of social security systems 
set  out  in  Article  65  of  this  Agreement  before  the  end  of  the  first  year  following  its 
entry into force, 

Objective  29,  second  indent,  of  the  EU-Tunisia  Action  Plan  adopted  by  the 
Association Council in the context of the European Neighbourhood Policy on 4 July 
2005  calls  for  the  adoption  by  the  Association  Council  of  a  decision  implementing 
Article 65 of the said Agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  position  to  be  taken  by  the  Community  within  the  Association  Council  created  by  the 
Euro-Mediterranean  Agreement  establishing  an  association  between 
the  European 
Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of  Tunisia,  of  the 
other part, concerning the implementation of Article 67 of the Agreement shall be based on 
the draft decision of the Association Council annexed to this Decision. 

Done at Brussels,  

For the Council 
The President 

5 

OJ C , , p. . 

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ANNEX  

ASSOCIATION BETWEEN THE 

EUROPEAN UNION 

AND THE REPUBLIC OF TUNISIA 

- The Association Council - 

DECISION No.../…. OF THE ASSOCIATION COUNCIL 

created by the Euro-Mediterranean Agreement establishing an association between the 
European Communities and their Member States, of the one part, and the Republic of 
Tunisia, of the other part, 

of ... 

with regard to the provisions for the co-ordination of social security systems contained 
in the Euro-Mediterranean Agreement  

THE ASSOCIATION COUNCIL, 

Having regard to the Euro-Mediterranean Agreement establishing an association between the 
European Communities and their Member States, of the one part, and the Republic of Tunisia, 
of the other part, and in particular Article 67 thereof, 

Whereas 

(1) 

(2) 

(3) 

(4) 

(5) 

Articles  65-68  of  the  said  Agreement  provide  for  the  co-ordination  of  the  social 
security  systems  of  Tunisia  and  the  Member  States.  Article  65  lays  down  the 
principles for such co-ordination.  

Article  67  of  the  said  Agreement  also  provides  that  a  Decision  of  the  Association 
Council shall put in place the principles contained in Article 65 before the end of the 
first year following the entry into force of this Agreement. 

Objective  29,  second  indent,  of  the  EU-Tunisia  Action  Plan  adopted  by  the 
Association Council in the context of the European Neighbourhood Policy on 4 July 
2005  calls  for  the  adoption  by  the  Association  Council  of  a  decision  implementing 
Article 65 of the said Agreement. 

In applying this Decision, the right of Tunisian workers to family benefits is subject to 
the condition that their family members are legally resident with the worker concerned 
in the Member State where the worker is employed. The Decision does not give any 
entitlement  to  family  benefits  with  respect  to  members  of  their  family  resident  in 
another state, e.g. Tunisia. 

Currently, Council Regulation (EC) No 859/2003 extends the provisions of Regulation 
(EEC)  No  1408/71  and  Regulation  (EEC)  No  574/72  to  nationals  of  third  countries 
who  are  not  already  covered  by  those  provisions  solely  on  the  ground  of  their 
nationality.  This  Regulation  is  based  on  Title  IV  of  the  Treaty.  In  accordance  with 
Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on 
the  European  Union  and  to  the  Treaty  establishing  the  European  Community, 
Denmark did not take part in the adoption of Regulation (EC) No 859/2003 and is not 
therefore  bound  by  or  subject  to  it.  It  is  therefore  necessary  to  lay  down  specific 
provisions with regard to Denmark concerning those principles contained in Article 65 
of the said Agreement, which are already covered by this Regulation. 

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(6) 

(7) 

(8) 

It might be necessary to lay down special provisions which correspond to the specific 
characteristics of the Tunisian national legislation, in order to facilitate the application 
of the co-ordination rules. 

This  Decision  is  without  prejudice  to  rights  and  obligations  arising  from  bilateral 
Agreements between the Member States and Tunisia which afford advantages in terms 
of social security. 

In  order  to  ensure  a  smooth  functioning  of  the  co-ordination  of  the  social  security 
systems  of  the  Member  States  and  Tunisia,  it  is  necessary  to  establish  specific 
provisions  on  the  cooperation  between  the  Member  States  and  Tunisia  as  well  as 
between the person concerned and the institution of the competent state. 

(9) 

Transitional  provisions  should  be  adopted  to  protect  the  persons  covered  by  this 
Decision and to ensure that they do not lose rights as a result of its entry into force, 

HAS DECIDED AS FOLLOWS: 

PART I 

GENERAL PROVISIONS 

Article 1 

Definitions 

1. 

For the purposes of this Decision: 

(a) 

(b) 

(c) 

"Agreement"  means  the  Euro-Mediterranean  Agreement  establishing  an 
association  between  the  European  Communities  and  their  Member  States,  of 
the one part, and the Republic of Tunisia, of the other part; 

"Regulation" means Council Regulation (EEC) No 1408/71 on the application 
of  social  security  schemes  to  employed  persons  and  their  families  moving 
within  the  Community  as  applying  in  the  Member  States  of  the  European 
Communities; 

"implementing  Regulation"  means  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  and  their 
families moving within the Community; 

(d) 

"Member State" means a Member State of the European Communities; 

(e) 

"worker" means, 

(i) 

(ii) 

for  the  purposes  of  the  legislation  of  a  Member  State,  an  employed 
person within the meaning of Article 1 (a) of the Regulation; 

for the purposes of the legislation of Tunisia, an employed person within 
the meaning of that legislation; 

(f) 

"member of the family" means, 

(i) 

(ii) 

for  the  purposes  of  the  legislation  of  a  Member  State,  a  member  of  the 
family within the meaning of Article 1 (f) of the Regulation; 

for  the  purposes  of  the  legislation  of  Tunisia,  a  member  of  the  family 
within the meaning of that legislation; 

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(g) 

"legislation" means, 

(i) 

(ii) 

in  relation  to  the  Member  States,  legislation  within  the  meaning  of 
Article 1 (j) of the Regulation; 

in relation to Tunisia, the relevant legislation applying in Tunisia relating 
to  areas  of  social  security  concerning  old-age  and  survivors'  pensions, 
benefits in respect of accidents at work and occupational diseases, or in 
respect of invalidity resulting therefrom, and family benefits; 

(h) 

"benefits" means, 

(i) 

in relation to the Member States: 

– 

– 

– 

old-age or survivors' pensions, 

benefits in respect of accidents at work and occupational diseases, or of 

invalidity  benefits  resulting  from  accidents  at  work  and  occupational 
diseases, 

within the meaning of the Regulation, with the exception of special non-
contributory cash benefits as set out in Annex IIa to the Regulation; 

(ii) 

in  relation  to  Tunisia,  the  corresponding  benefits  provided  under 
Tunisian legislation, with the exception of special non-contributory cash 
benefits as set out in Annex I to this Decision; 

(i) 

"family benefits" means, 

(i) 

(ii) 

in relation  to the Member  States,  family benefits  within  the  meaning of 
Article 1 (u) (i) of the Regulation; 

in  relation  to  Tunisia,  family  benefits  within  the  meaning  of  that 
legislation. 

2. 

Other terms used in this Decision shall have the meaning which is assigned to them 
in the Regulation and the implementing Regulation. 

This Decision shall apply: 

Article 2 

Persons covered 

(a) 

(b) 

(c) 

to  workers  who  are  nationals  of  Tunisia  and  who  are  or  have  been  legally 
employed in the territory of a Member State and who are or have been subject 
to the legislation of one or more Member States, and their survivors, 

to the members of the family of workers referred to in paragraph (a) provided 
that  they  are  legally  resident  with  the  worker  concerned  in  the  Member  State 
where the worker is employed, 

to workers who are nationals of a Member State who are or have been legally 
employed  in  the  territory  of  Tunisia  and  who  are  or  have  been  subject  to  the 
legislation of Tunisia, and their survivors, and 

(d) 

to the members of the family of workers referred to in paragraph (c) provided 
that they are legally resident with the worker concerned in Tunisia. 

EN 

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RELATIONS BETWEEN THE MEMBER STATES AND TUNISIA 

PART II  

Article 3 

Matters covered  

Part  II  of  this  Decision  shall  apply  to  all  legislation  of  the  Member  States  and  Tunisia 
concerning the following branches of social security: 

(a) 

(b) 

(c) 

(d) 

(e) 

old-age benefits; 

survivors' benefits; 

benefits in respect of accidents at work and occupational diseases; 

invalidity benefits resulting from accidents at work and occupational diseases; 

family benefits. 

Article 4 

Waiving of Residence Clauses 

Benefits  within  the  meaning  of  Article  1  (h)  shall  not  be  subject  to  any  reduction, 
modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary 
is residing,  

(i) 

(ii) 

for  the  purpose  of  a  benefit  under  Tunisian  legislation,  within  the  territory  of  a 
Member State, or  

for  the  purpose  of  a  benefit  under  the  legislation  of  a  Member  State,  within  the 
territory of Tunisia. 

Article 5 

Family Benefits 

Workers  as  referred  to  in  Article  2  (c)  shall  receive  under  the  legislation  of  Tunisia  family 
benefits  for  the  members  of  their  family  as  referred  to  in  Article  2  (d)  in  the  same  way  as 
Tunisian nationals.  

APPLICATION OF SOCIAL SECURITY PROVISIONS WITH REGARD TO 
DENMARK 

PART III 

Article 6 

General provision 

For  the  purpose  of  implementing  Article  65  (2)  and  (3)  of  the  Agreement,  Denmark  shall 
apply to persons referred to in Article 2 (a), to the extent necessary, the relevant provisions of 
the Regulation and the implementing Regulation. 

EN 

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PART IV 

MISCELLANEOUS PROVISIONS 

Article 7 

Cooperation 

1. 

The  Member  States  and  Tunisia  shall  communicate  to  each  other  all  information 
regarding: 

(a)  measures  taken  to  implement  this  Decision  in  accordance  with  the  procedure 

set out in Article 14;  

2. 

3. 

4. 

5. 

6. 

(b) 

changes  in  their  legislation  which  may  affect  the  implementation  of  this 
Decision. 

For  the  purposes  of  this  Decision,  the  authorities  and  institutions  of  the  Member 
States  and  of  Tunisia  shall  lend  one  another  their  good  offices  and  act  as  though 
implementing their own legislation. The administrative assistance given by the said 
authorities and institutions shall, as a rule, be free of charge. However, the competent 
authorities of the Member States and of Tunisia may agree to certain expenses being 
reimbursed. 

The  authorities  and  institutions  of  the  Member  States  and  of  Tunisia  may,  for  the 
purposes  of  this  Decision,  communicate  directly  with  one  another  and  with  the 
persons involved or their representatives. 

The  institutions  and  persons  covered  by  this  Decision  shall  have  a  duty  of  mutual 
information and cooperation to ensure the correct implementation of this Decision. 

The persons concerned must inform the institutions of the competent Member State 
or  Tunisia,  where  the  latter  is  the  competent  state,  and  of  the  Member  State  of 
residence or Tunisia, where the latter is state of residence, as soon as possible of any 
change in their personal or family situation which affects their right to benefits under 
this Decision. 

Failure to respect the obligation of information referred to in paragraph 5 may result 
in  the  application  of  proportionate  measures  in  accordance  with  national  law. 
Nevertheless,  these  measures  shall  be  equivalent  to  those  applicable  to  similar 
situations  under  domestic  law  and  shall  not  make  it  impossible  or  excessively 
difficult  in  practice  for  claimants  to  exercise  the  rights  conferred  on  them  by  this 
Decision. 

Article 8 

Administrative Checks and Medical Examinations 

1. 

When  a  person  covered  by  this  Decision  and  in  receipt  of  benefits  referred  to  in 
Article 1 (h) is staying or residing  

(i) 

(ii) 

for the purpose of a benefit under Tunisian legislation, within the territory of a 
Member State, or  

for the purpose of a benefit under the legislation of a Member State, within the 
territory of Tunisia, 

EN 

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   EN 

 
administrative checks and medical examinations shall be carried out, at the request of 
the  institution  responsible  for  payment,  by  the  institution  of  the  place  of  stay  or 
residence  of  the  recipient  in  accordance  with  the  procedures  laid  down  by  the 
legislation  administered  by  the  latter  institution.  The  institution  responsible  for 
payment shall, however, reserve the right to have the recipient examined by a doctor 
of its own choice. 

2. 

One  or  more  Member  States  and  Tunisia  may,  having  informed  the  Association 
Council, agree on other administrative provisions. 

Article 9 

Special provisions for the application of the legislation of Tunisia 

Special provisions for the application of the legislation of Tunisia may, if necessary, be set out 
in Annex II. 

Article 10 

More favourable bilateral Agreements 

This  Decision  shall  not  affect  any  rights  or  obligations  arising  from  bilateral  Agreements 
where the latter provide for more favourable treatment (of the persons concerned). 

Article 11 

Agreements supplementing the procedures for implementing this Decision 

Two  or  more  Member  States,  or  Tunisia  and  one  or  more  Member  States  may,  where 
necessary,  conclude  Agreements  designed  to  supplement  the  administrative  procedures  for 
implementing this Decision. 

PART V 

TRANSITIONAL AND FINAL PROVISIONS 

Article 12 

Transitional provisions 

1. 

2. 

3. 

4. 

No rights shall be acquired pursuant to this Decision for the period before its date of 
entry into force. 

Subject to paragraph 1, a right shall be acquired under this Decision even if it relates 
to a contingency arising before its date of entry into force. 

Any  benefit,  including  family  benefits,  which  has  not  been  awarded  or  which  has 
been  suspended  by  reason  of  the  nationality  or  place  of  residence  of  the  person 
concerned  shall,  at  the  request  of  that  person,  be  provided  or  resumed  with  effect 
from the date of entry into force of this Decision, provided that the rights for which 
benefits were previously provided have not given rise to a lump-sum payment. 

If a request referred to in paragraph 3 is submitted within two years from the date of 
entry into force of this Decision, the rights acquired in accordance with this Decision 
shall have effect from that date, and the legislation of any Member State or Tunisia 

EN 

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concerning  the  forfeiture  or  limitation  of  rights  may  not  be  invoked  against  the 
persons concerned. 

If  a  request  referred  to  in  paragraph 3  is  submitted  after  the  expiry  of  the  two-year 
period following the date of entry into force of this Decision, rights not forfeited or 
not time-barred shall have effect from the date on which the request was submitted, 
subject to any more favourable provisions under the legislation of any Member State 
or Tunisia. 

Article 13 

Annexes to this Decision 

The Annexes to this Decision constitute an integral part thereof. 

At  the  request  of  Tunisia,  the  said  Annexes  may  be  amended  by  decision  of  the 
Association Council. 

Article 14 

Implementing Measures 

The  Community  and  Tunisia  shall  each  take  the  necessary  measures  to  implement 
this Decision and communicate them to the Association Council. 

The Association Council shall take a decision confirming that all measures referred 
to in paragraph 1 have been taken. 

5. 

1. 

2. 

1. 

2. 

Article 15 

Entry into force 

This Decision shall enter into force on the first day of the first month following the date of the 
publication  in  the  Official  Journal  of  the  European  Union  of  the  Decision  of  Association 
Council referred to in Article 14 (2). 

ANNEX I 

List of Tunisian special non-contributory cash benefits 

… 

… 

Special provisions for the application of the legislation of Tunisia 

ANNEX II 

EN 

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