Decision No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems (Text of relevance to the EEA and to the EC/Switzerland Agreement)
Date: 2009-06-12
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: EU Member State, administrative cooperation, electronic government, exchange of information, simplification of formalities, social legislation, social-security benefit, social-security harmonisation








C_2010106EN.01001301.xml










24.4.2010   


EN


Official Journal of the European Union


C 106/13





DECISION No H1
of 12 June 2009
concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems
(Text of relevance to the EEA and to the EC/Switzerland Agreement)
2010/C 106/05
THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
Having regard to Articles 87 to 91 of Regulation (EC) No 883/2004,
Having regard to Article 64(7) and Articles 93 to 97 of Regulation (EC) No 987/2009,
Whereas:






(1)


Regulations (EC) No 883/2004 and (EC) No 987/2009 enter into force on 1 May 2010 and Regulations (EEC) No 1408/71 (3) and (EEC) No 574/72 (4) shall be repealed on the same date, except for the situations governed by Article 90(1) of Regulation (EC) No 883/2004 and Article 96(1) of Regulation (EC) No 987/2009.










(2)


Subject to Article 87(8) of Regulation (EC) No 883/2004 and Article 94 of Regulation (EC) No 987/2009, in principle claims submitted before the date of entry into force of the said Regulations shall continue to be governed by the law which was applicable to them at the time they were submitted and the provisions of the said Regulations shall apply only to claims opened after their entry into force.










(3)


Decisions No 74 to 208 and Recommendations No 14 to 23 of the Administrative Commission on Social Security for Migrant Workers, still in force, become obsolete on the date on which Regulations (EEC) No 1408/71 and (EEC) No 574/72 are repealed and Regulations (EC) No 883/2004 and (EC) No 987/2009 enter into force.










(4)


There is a need to adapt certain Decisions and Recommendations applicable under Regulations (EEC) No 1408/71 and (EEC) No 574/72 in order to correspond to the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009.










(5)


There is a need for transparency and guidance for the institutions in applying Decisions and Recommendations of the Administrative Commission under Regulation (EEC) No 1408/71 and (EEC) No 574/72 after the date of entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009.










(6)


Due to legal and technical complexity, a tight timeframe and a need to prioritise certain tasks of the Administrative Commission, some of the Decisions will not be ready for the publication in time before the entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009 but only at a later stage.










(7)


Certain provisions of Decisions and Recommendations applicable under Regulations (EEC) No 1408/71 and (EEC) No 574/72 are incorporated directly into the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009.










(8)


Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,




HAS DECIDED AS FOLLOWS:






1.


The Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 shall not apply for cases governed by Regulations (EC) No 883/2004 and (EC) No 987/2009.
Nevertheless, the said Decisions and Recommendations remain applicable where Regulations (EEC) No 1408/71 and (EEC) No 574/72 remain in force and continue to have legal effect, in particular in situations under Article 90(1), second indent, of Regulation (EC) No 883/2004 and Article 96(1), second indent, of Regulation (EC) No 987/2009.










2.


Decisions and Recommendations which are listed in Part A of the Annex shall not be substituted by any Decisions or Recommendations in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009.










3.


Decisions and Recommendations listed in Part B of the Annex shall be substituted by the indicated new Decisions and Recommendations in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009.










4.


Decisions listed in Part C of the Annex shall be adapted by the Administrative Commission at the earliest possible time so that they correspond to the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 because the principles in these Decisions need to be applied also with regard to the said Regulations.










5.


The documents necessary for application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 (that is, E-forms, European Health Insurance Cards and Provisional Replacement Certificates) issued by the competent institutions, authorities and other bodies of Member States before the entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009 shall continue to be valid (despite the fact that the references relate to Regulations (EEC) No 1408/71 and (EEC) No 574/72) and shall be taken into account by the institutions, authorities and other bodies of other Member States even after that date, until their date of validity has expired or until they are withdrawn or replaced by the documents issued or communicated under Regulations (EC) No 883/2004 and (EC) No 987/2009.










6.


This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.







The Chair of the Administrative Commission

Gabriela PIKOROVÁ




(1)  OJ L 166, 30.4.2004, p. 1.

(2)  OJ L 284, 30.10.2009, p. 1.

(3)  OJ L 149, 5.7.1971, p. 2.

(4)  OJ L 74, 27.3.1972, p. 1.


ANNEX

PART A

(Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 without successor in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009)

Decisions:







 


Decision 74










 


Decision 76










 


Decision 79










 


Decision 81










 


Decision 85










 


Decision 89










 


Decision 91










 


Decision 115










 


Decision 117










 


Decision 118










 


Decision 121










 


Decision 126










 


Decision 132










 


Decision 133










 


Decision 134










 


Decision 135










 


Decision 136










 


Decision 137










 


Decision 142










 


Decision 143










 


Decision 145










 


Decision 146










 


Decision 148










 


Decision 151










 


Decision 152










 


Decision 156










 


Decision 167










 


Decision 171










 


Decision 173










 


Decision 174










 


Decision 176










 


Decision 178










 


Decision 180










 


Decision 192










 


Decision 193










 


Decision 197










 


Decision 198










 


Decision 199










 


Decision 201










 


Decision 202










 


Decision 204





Recommendations:







 


Recommendation 15










 


Recommendation 16










 


Recommendation 17










 


Recommendation 19










 


Recommendation 20










 


Recommendation 23





PART B

(Substituted Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 and their successors in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009)






Decisions under Regulations (EEC) No 1408/71 and (EEC) No 574/72


Corresponding Decisions under Regulations (EC) No 883/2004 and (EC) No 987/2009




Decision 75


DECISION P1




Decision 83


DECISION U1




Decision 96


DECISION P1




Decision 99


DECISION H1




Decision 100


DECISION H1




Decision 101


DECISION H1




Decision 105


DECISION P1




Decision 139


DECISION H1




Decision 140


DECISION H1




Decision 160


DECISION U2




Decision 181


DECISION A2




Decision 189


DECISION S1




Decision 190


DECISION S2




Decision 191


DECISION S1




Decision 194


DECISION S3




Decision 195


DECISION S3




Decision 196


DECISION S3




Decision 200


DECISION H3




Decision 203


DECISION S1




Decision 205


DECISION U3




Decision 207


DECISION F1













Recommendations under Regulations (EEC) No 1408/71 and (EEC) No 574/72


Corresponding Recommendations under Regulations (EC) No 883/2004 and (EC) No 987/2009




Recommendation 18


RECOMMENDATION U1




Recommendation 21


RECOMMENDATION U2




Recommendation 22


RECOMMENDATION P1





PART C

(Decisions referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 still to be adapted by the Administrative Commission)






 


Decision 138










 


Decisions 147 and 150










 


Decision 170 (including 185)










 


Decision 175










 


Decision 206










 


Decision 208