Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex VI (Social Security) and Protocol 37 to the EEA Agreement
Date: 2010-09-09
Institutions: European Commission
Subjects: EFTA countries, European Economic Area, family benefit, occupational safety, social policy, social security, social-security benefit, social-security harmonisation, wage earner

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EUROPEAN COMMISSION 

Brussels, 9.9.2010 
SEC(2010) 1013 final 

2010/0245 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex VI (Social Security) and Protocol 37 to the EEA 
Agreement 

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1. 

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6. 

EXPLANATORY MEMORANDUM 

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. 

The  draft  Decision  of  the  EEA  Joint  Committee  (annexed  to  the  proposed  Council 
Decision)  aims  to  amend  Annex  VI  (social  security)  by  adding  new  Community 
acquis  in  this  field:  This  concerns  Regulation  883/2004/EC  of  the  European 
Parliament  and  of  the  Council  of  29  April  2004,  Regulation  988/2009  of  the 
European  Parliament  and  of  the  Council  of  16  September  2009  and  Regulation 
987/2009/EC of the European Parliament and Council of 16 September 2009 on the 
coordination of social security systems.  

In addition, the draft Decision contains provisions to include a number of decisions 
and recommendations of the Administrative Commission. 

The draft decision also contains provisions to amend Protocol 37 to include in its list 
of Committees the Administrative Commission for the coordination of social security 
systems (Regulation (EC) No 883/2004 of the European Parliament and Council). 

Article  1(3)  of  Council  Regulation  (EC)  No  2894/94  concerning  arrangements  for 
implementing the EEA Agreement provides that the Council establishes the position 
to  be  adopted  on  the  Union’s  behalf  on  such  Decisions,  on  a  proposal  from  the 
Commission. 

The  Commission  submits  the  draft  Decision  of  the  EEA  Joint  Committee  for 
adoption by the Council as the Union’s position. The Commission would hope to be 
able  to  present  it  in  the  EEA  Joint  Committee  at  the  earliest  possible  opportunity.

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2010/0245 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex VI (Social Security) and Protocol 37 to the EEA 
Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 218(9), 48 and 352 thereof, 

Having  regard  to  Council  Regulation  (EC)  No  2894/94  of  28  November  1994  concerning 
arrangements  for  implementing  the  Agreement  on  the  European  Economic  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

Annex  VI  to  the  EEA  Agreement  contains  specific  provisions  and  arrangements 
concerning social security and Protocol 37 contains a list of Committees where EEA 
EFTA States participate. 

It is appropriate to include Regulation 883/2004/EC of the European Parliament and of 
the Council of 29 April 2004, Regulation 988/2009 of the European Parliament and of 
the  Council  of  16  September  2009  and  Regulation  987/2009/EC  of  the  European 
Parliament  and  Council  of  16 September  2009 on the  coordination of social  security 
systems  in  the  Agreement.  In  addition,  it  is  appropriate  to  include  a  number  of 
decisions  and  recommendations  of  the  Administrative  Commission.  Furthermore, 
Protocol 37 should be amended to include in its list of Committees the Administrative 
Commission  for  the  coordination  of  social  security  systems  (Regulation  (EC)  No 
883/2004 of the European Parliament and Council. 

(3) 

It is necessary, therefore, to amend Annex VI and Protocol 37, 

1 

OJ L 305, 30.11.1994, p. 6.  

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HAS ADOPTED THIS DECISION:  

Sole Article 

The position to be taken by the European Union in the EEA Joint Committee on an envisaged 
amendment  to  Annex  VI  -  Social  Security  as well  to  Protocol  37  to  the  EEA  Agreement  is 
laid down in the Annex to this Decision. 

Done at […], 

For the Council 
The President 

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ANNEX 

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No 

of 

amending Annex VI (Social security) and Protocol 37 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 Articles 98 and 101 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Annex VI to the Agreement was amended by Decision of the EEA Joint Committee No …/… 
of …2. 

Protocol 37 to the Agreement was amended by Decision of the EEA Joint Committee No…/… 
of …3. 

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 
on the coordination of social security systems4, as corrected by OJ L 200, 7.6.2004, p. 1 and 
OJ L 204, 4.8.2007, p. 30, is to be incorporated into the Agreement. 

Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 
2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, 
and determining the content of its Annexes5 is to be incorporated into the Agreement. 

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 systems6 is to be incorporated into the Agreement. 

Decision No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation 
procedure concerning the validity of documents, the determination of the applicable legislation 
and  the  provision  of  benefits  under  Council  Regulation  (EC)  No  883/2004  of  the  European 
Parliament and of the Council7 is to be incorporated into the Agreement. 

2 
3 
4 
5 
6 
7 

OJ L … 
OJ L … 
OJ L 166, 30.4.2004, p. 1. 
OJ L 284, 30.10.2009, p. 43. 
OJ L 284, 30.10.2009, p. 1. 
OJ C 106, 24.4.2010, p. 1. 

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(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

Decision  No  A2  of  12  June  2009  concerning  the  interpretation  of  Article  12  of  Regulation 
(EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable 
to  posted  workers  and  self-employed  workers  temporarily  working  outside  the  competent 
State8 is to be incorporated into the Agreement. 

Decision  No  E1  of  12  June  2009  concerning  the  practical  arrangements  for  the  transitional 
period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) 
No  987/2009  of  the  European  Parliament  and  of  the  Council9  is  to  be  incorporated  into  the 
Agreement. 

Decision  No  F1  of  12  June  2009  concerning  the  interpretation  of  Article  68  of  Regulation 
(EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in 
the event of overlapping of family benefits10 is to be incorporated into the Agreement. 

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 systems11 is to be incorporated into the Agreement. 

Decision No H2 of 12 June 2009 concerning the methods of operation and the composition of 
the  Technical  Commission  for  data  processing  of  the  Administrative  Commission  for  the 
coordination of social security systems12 is to be incorporated into the Agreement. 

Decision  No  P1  of  12  June  2009  on  the  interpretation  of  Articles  50(4),  58  and  87(5)  of 
Regulation  No  883/2004  of  the  European  Parliament  and  of  the  Council  for  the  award  of 
invalidity, old-age and survivor’s benefits13 is to be incorporated into the Agreement. 

Decision  No  S1  of  12  June  2009  concerning  the  European  Health  Insurance  Card14  is  to  be 
incorporated into the Agreement. 

Decision  No  S2  of  12  June  2009  concerning  the  technical  specifications  of  the  European 
Health Insurance Card15 is to be incorporated into the Agreement. 

Decision No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of 
Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  and  Article 
25(A)(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council16 is 
to be incorporated into the Agreement. 

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9 
10 
11 
12 
13 
14 
15 
16 

OJ C 106, 24.4.2010, p. 5. 
OJ C 106, 24.4.2010, p. 9. 
OJ C 106, 24.4.2010, p. 11. 
OJ C 106, 24.4.2010, p. 13. 
OJ C 106, 24.4.2010, p. 17. 
OJ C 106, 24.4.2010, p. 21. 
OJ C 106, 24.4.2010, p. 23. 
OJ C 106, 24.4.2010, p. 26. 
OJ C 106, 24.4.2010, p. 40. 

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(16) 

(17) 

(18) 

(19) 

(20) 

(21) 

(22) 

(23) 

(24) 

Decision No U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009 of 
the European Parliament and of the Council relating to increases in unemployment benefit for 
dependent members of the family17 is to be incorporated into the Agreement. 

Decision No U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC) No 
883/2004  of  the  European  Parliament  and  of  the  Council  on  the  right  to  unemployment 
benefits of wholly unemployed persons other than frontier workers who were resident in the 
territory of a Member State other than the competent Member State during their last period of 
employment or self-employment18 is to be incorporated into the Agreement. 

Decision  No  U3  of  12  June  2009  concerning  the  scope  of  the  concept  of  ‘partial 
unemployment’  applicable  to  the  unemployed  persons  referred  to  in  Article  65(1)  of 
Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council19  is  to  be 
incorporated into the Agreement. 

Recommendation  No  P1  of  12  June  2009  concerning  the  Gottardo  judgment,  according  to 
which  the  advantages  enjoyed  by  a  State’s  own  nationals  under  a  bilateral  convention  on 
social security with a non-member country must also be granted to workers who are nationals 
of other Member States20 is to be incorporated into the Agreement. 

Recommendation No U1 of 12 June 2009 concerning the legislation applicable to unemployed 
persons engaging in part-time professional or trade activity in a Member State other than the 
State of residence21 is to be incorporated into the Agreement. 

Recommendation  No  U2  of  12  June  2009  concerning  the  application  of  Article  64(1)(a)  of 
Regulation (EC) No 883/2004 of the European Parliament and of the Council to unemployed 
persons accompanying their spouses or partners pursuing a professional or trade activity in a 
Member State other than the competent State22 is to be incorporated into the Agreement. 

For the Agreement to function well, Protocol 37 to the Agreement is to be amended to include 
the  Administrative  Commission  for  the  coordination  of  social  security  systems  set  up  by 
Regulation  (EC)  No  883/2004  and  Annex  VI  is  to  be  amended  in  order  to  specify  the 
procedures for association with this Commission and the bodies attached to it. 

Regulation  (EC)  No  883/2004  repeals  Council  Regulation  (EEC)  No  1408/7123,  which  is 
incorporated  into  the  Agreement  and  which  is  consequently  to  be  repealed  under  the 
Agreement. 

Regulation  (EC)  No  987/2009  repeals,  with  effect  from  1  May  2010,  Council  Regulation 
(EEC) No 574/7224, which is incorporated into the Agreement and which is consequently to be 
repealed under the Agreement. 

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18 
19 
20 
21 
22 
23 

OJ C 106, 24.4.2010, p. 42. 
OJ C 106, 24.4.2010, p. 43. 
OJ C 106, 24.4.2010, p. 45. 
OJ C 106, 24.4.2010, p. 47. 
OJ C 106, 24.4.2010, p. 49. 
OJ C 106, 24.4.2010, p. 51. 
OJ L 149, 5.7.1971, p. 2. 

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(25) 

All acts under the headings “Acts of which the Contracting Parties shall take due account” and 
“Acts of which the Contracting Parties shall take note” are obsolete and are consequently to be 
repealed under the Agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Annex VI to the Agreement shall be amended as specified in the Annex to this Decision. 

Article 2 

The text of point 5 (Administrative Commission on Social Security for Migrant Workers) of Protocol 
37 (containing the list provided for in Article 101) to the Agreement shall be replaced by the following: 

“Administrative  Commission  for  the  coordination  of  social  security  systems  (Regulation  (EC)  No 
883/2004 of the European Parliament and of the Council).” 

Article 3 

The texts of Regulations (EC) Nos 883/2004, as corrected by OJ L 200, 7.6.2004, p. 1 and OJ L 204, 
4.8.2007, p. 30, 987/2009 and 988/2009, Decisions Nos A1, A2, E1, F1, H1, H2, P1, S1, S2, S3, U1, 
U2 and U3, and Recommendations No P1, U1 and U2 in the Icelandic and Norwegian languages, to be 
published in the EEA Supplement to the Official Journal of the European Union, shall be authentic. 

Article 4 

This  Decision  shall  enter  into  force  on  the  day  following  the  last  notification  to  the  EEA  Joint 
Committee under Article 103(1) of the Agreement∗. 

Article 5 

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

Done at Brussels, . 

For the EEA Joint Committee 
The President 

The Secretaries 
to the EEA Joint Committee 

24 
∗ 

OJ L 74, 27.3.1972, p. 1. 
[No constitutional requirements indicated.][Constitutional requirements indicated.] 

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ANNEX 

to Decision of the EEA Joint Committee No […] 

The text of Annex VI to the Agreement shall be replaced by the following: 

‘INTRODUCTION 

When the acts referred to in this Annex contain notions or refer to procedures which are specific to the 
Community legal order, such as 

- 

- 

- 

- 

- 

preambles; 

the addressees of the Community acts; 

references to territories or languages of the EC; 

references to rights and obligations of EC Member States, their public entities, undertakings or 
individuals in relation to each other; and 

references to information and notification procedures; 

Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex. 

SECTORAL ADAPTATIONS 

I. 

II. 

For  the  purposes  of  this  Annex  and  notwithstanding  the  provisions  of  Protocol  1,  the  term 
‘Member State(s)’ contained in the acts referred to shall be understood to include, in addition 
to its meaning in the relevant EC acts, Iceland, Liechtenstein and Norway. 

In applying the provisions of the acts referred to in this Annex for the purposes of the present 
Agreement,  the  rights  and  duties  conferred  upon  the  Administrative  Commission  for  the 
coordination  of  social  security  systems  attached  to  the  EC  Commission  and  the  rights  and 
duties  conferred  upon  the  Audit  Board  and  upon  the  Technical  Commission  for  data 
processing, both attached to the said Administrative Commission, shall be assumed, according 
to the provisions of Part VII of the Agreement, by the EEA Joint Committee. 

I. GENERAL SOCIAL SECURITY COORDINATION 

ACTS REFERRED TO 

1. 

32004 R 0883: Regulation (EC) No 883/2004 of the European Parliament and of the Council 
of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1), as 
corrected by OJ L 200, 7.6.2004, p. 1 and OJ L 204, 4.8.2007, p. 30, as amended by: 

- 

32009  R  0988:  Regulation  (EC)  No  988/2009  of  the  European  Parliament  and  of  the 
Council of 16 September 2009 (OJ L 284, 30.10.2009, p. 43). 

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The provisions of the Regulation shall, for the purposes of this Agreement, be read with the 
following adaptations: 

(a)  The following subparagraph shall be added to Article 87(10): 

“With  regard  to  Liechtenstein,  the  provisions  of  the  second  sentences  of  Article  65(2) 
and (3) shall be applicable at the latest as from 1 May 2012.”; 

(b)  The following shall be added to Annex I(I): 

“ICELAND 

Advances  of  maintenance  payments  under  the  Act  on  Social  Security  No 
100/2007. 

LIECHTENSTEIN 

Advances  of  maintenance  payments  under  the  Law  on  the  grant  of  advances  of 
maintenance payments of 21 June 1989 as amended.  

NORWAY 

Advance  payment  of  child  maintenance  under  the  Advance  payment  of  child 
maintenance Act of 17 February 1989 No. 2.”; 

(c)  The following shall be added to Annex I(II): 

“ICELAND 

Lump sum grants intended to offset the cost of international adoption pursuant to the Act 
on Adoption Grants No 152/2006. 

NORWAY 

Lump sum grants payable at childbirth pursuant to the National Insurance Act. 

Lump sum grants payable at adoption pursuant to the National Insurance Act.”; 

(d)  The following shall be added to Annex II: 

“ICELAND – DENMARK 

Article  7  of  the  Nordic  Convention  on  social  security  of  18  August  2003  (concerning 
coverage  of  extra  travel  expenses  in  case  of  sickness  during  stay  in  another  Nordic 
country increasing the cost of return travel to the country of residence). 

ICELAND – FINLAND 

Article  7  of  the  Nordic  Convention  on  social  security  of  18  August  2003  (concerning 

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coverage  of  extra  travel  expenses  in  case  of  sickness  during  stay  in  another  Nordic 
country increasing the cost of return travel to the country of residence). 

ICELAND – SWEDEN 

Article  7  of  the  Nordic  Convention  on  social  security  of  18  August  2003  (concerning 
coverage  of  extra  travel  expenses  in  case  of  sickness  during  stay  in  another  Nordic 
country increasing the cost of return travel to the country of residence). 

ICELAND – NORWAY 

Article  7  of  the  Nordic  Convention  on  social  security  of  18  August  2003  (concerning 
coverage  of  extra  travel  expenses  in  case  of  sickness  during  stay  in  another  Nordic 
country increasing the cost of return travel to the country of residence). 

NORWAY – DENMARK 

Article  7  of  the  Nordic  Convention  on  social  security  of  18  August  2003  (concerning 
coverage  of  extra  travel  expenses  in  case  of  sickness  during  stay  in  another  Nordic 
country increasing the cost of return travel to the country of residence). 

NORWAY – FINLAND 

Article  7  of  the  Nordic  Convention  on  social  security  of  18  August  2003  (concerning 
coverage  of  extra  travel  expenses  in  case  of  sickness  during  stay  in  another  Nordic 
country increasing the cost of return travel to the country of residence). 

NORWAY – SWEDEN 

Article  7  of  the  Nordic  Convention  on  social  security  of  18  August  2003  (concerning 
coverage  of  extra  travel  expenses  in  case  of  sickness  during  stay  in  another  Nordic 
country increasing the cost of return travel to the country of residence).”;  

(e)  The following shall be added to Annex III:   

“ICELAND 

NORWAY”; 

(f)  The following shall be added to Annex IV:   

“ICELAND 

LIECHTENSTEIN”; 

(g)  The following shall be added to Annex VIII, Part 1: 

“ICELAND 

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All applications from the old-age basic scheme and the defined benefit State employee 
scheme. 

LIECHTENSTEIN 

All  applications  for  pensions  of  the  old-age,  survivors’  and  invalidity  insurances  from 
the statutory pension scheme as well as for old-age, survivors’ and invalidity pensions 
from the occupational scheme as far as the regulations of the respective pension fund do 
not contain provisions concerning reduction. 

NORWAY 

All applications for old age pension, except pensions mentioned in Annex IX.”; 

(h)  The following shall be added to Annex VIII, Part 2: 

“ICELAND 

Old-age employment pension scheme. 

LIECHTENSTEIN 

Old-age, survivors’ and invalidity pensions from the occupational scheme.”; 

(i)  The following shall be added to Annex IX(I): 

“ICELAND 

Child  pension  in  accordance  with  the  Act  on  Social  Security  No  100/2007  and  child 
pension  in  accordance  with  the  Act  on  Mandatory  Pension  Insurance  and  on  the 
Activities of Pension Funds No 129/1997.”; 

(j)  The following shall be added to Annex IX(II): 

“ICELAND 

Invalidity  pension  in  the  form  of  basic  pension,  pension  supplement  and  age-related 
pension supplement according to the Act on Social Security No 100/2007. 

Invalidity  pension  according  to  the  Act  on  Mandatory  Pension  Insurance  and  on  the 
Activities of Pension Funds No 129/1997. 

NORWAY 

Norwegian  disability  pension,  also  when  converted  into  an  old-age  pension  upon  the 
reaching  of  the  pensionable  age,  and  all  pensions  (survivors’  and  old-age  pensions) 
based on the deceased person’s pension earnings.”; 

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(k)  The following shall be added to Annex X: 

“LIECHTENSTEIN 

(a)  Allowances for blind persons (Law on the granting of allowances for blind persons 

of 17 December 1970 as amended); 

(b)  Maternity  allowances  (Law  on  the  granting  of  maternity  allowances  of  25 

November 1981 as amended); 

(c)  Supplementary benefits to the old age, survivors’ and invalidity insurance (Law on 
supplementary  benefits  to  the  old  age,  survivors’  and  invalidity  insurance  of  10 
December 1965 as amended). 

NORWAY 

(a)  Guaranteed minimum supplementary pension to persons who are born disabled or 

become disabled at an early age under the National Insurance Act; 

(b)  Special  benefits  in  accordance  with  the  Act  of  29  April  2005  No.  21  on 

supplementary allowance to persons with short periods of residence in Norway.”; 

(l)  The following shall be added to Annex XI:   

“ICELAND 

1. 

(a)  Notwithstanding  the  provisions  of  Article  6,  persons  who  have  not  been 
gainfully  employed  in  one  or  more  EC  Member  States  or  EFTA  States  are 
entitled  to  an  Icelandic  social  pension  only  if  they  have  been,  or  have 
previously  been,  permanent  residents  of  Iceland  for  at  least  three  years, 
subject to the age limits prescribed by Icelandic legislation. 

(b)  The  above  mentioned  provisions  do  not  apply  to  Icelandic  social  pension 
entitlement for the members of the family of persons who are or have been 
gainfully  employed  in  Iceland,  or  for  students  or  the  members  of  their 
families. 

2.  Where  employment  or  self-employment  in  Iceland  has  terminated  and  the 
contingency  occurs  during  employment  or  self-employment  in  another  State  to 
which this Regulation applies and where the disability pension of both the social 
security  and  the  supplementary  pension  schemes  (pension  funds)  in  Iceland  no 
longer  includes  the  period  between  the  contingency  and  the  pensionable  age 
(future  periods),  periods  of  insurance  under  the  legislation  of  another  State  to 
which this Regulation applies shall be taken into consideration for the requirement 
of the future periods as if they were periods of insurance in Iceland. 

LIECHTENSTEIN 

1. 

Compulsory insurance under Liechtenstein sickness insurance scheme for benefits 
in kind (“Krankenpflegeversicherung”) and possible exemptions: 

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(a)  The Liechtenstein legal provisions governing compulsory sickness insurance 
for  benefits  in  kind  shall  apply  to  the  following  persons  not  resident  in 
Liechtenstein: 

(i) 

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

(ii)  persons  for  whom  Liechtenstein  shall  bear  the  costs  of  benefits 

according to Article 24, 25, 26 of the Regulation; 

(iii)  persons receiving Liechtenstein unemployment benefits; 

(iv)  family  members  of  persons  referred  to  in  (i)  and  (iii)  or  of  an 
employed  or  self-employed  person  resident  in  Liechtenstein  who  is 
insured under the Liechtenstein sickness insurance scheme; 

(v) 

family members of persons referred to in (ii) or of a pensioner resident 
in  Liechtenstein  who  is  insured  under  the  Liechtenstein  sickness 
insurance scheme. 

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 for benefits in kind if and as long as they are resident in Austria 
and  can  prove  that  they  are  eligible  for  cover  in  the  event  of  sickness  in  a 
statutory or equivalent sickness insurance. The exemption cannot be revoked 
except in the case of a change of employer. 

This request 

(aa)  must  be  submitted  within  three  months  of  the  date  of  which  the 
obligation  to  take  out  insurance  in  Liechtenstein  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.  Persons  being  already  insured  in  Austria  at  the 
time  of  the  entry  into  force  of  the  Regulation  in  the  EEA  are 
considered  to  be  exempted  from  the  Liechtenstein  compulsory 
insurance for benefits in kind; 

(bb)  shall apply to all family members residing in the same State. 

2. 

Persons who are working, but not residing in Liechtenstein and who have statutory 
or equivalent insurance cover in their State of residence in accordance with point 
1(b), as well as their family members, shall benefit from the provisions of Article 
19 of the Regulation during their stay in Liechtenstein. 

3. 

For  the  purposes  of  applying  Articles  18,  19,  20,  27  of  the  Regulation  in 
Liechtenstein, the competent insurer shall bear all invoiced costs. 

EN 

14 

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4.  Where  a  person  subject  to  Liechtenstein  legal  provisions  under  Title  II  of  the 
Regulation is, in application of 1(b), 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  the  Liechtenstein  insurer  against  the  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  Liechtenstein 
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. 

NORWAY 

1. 

The  transitional  provisions  of  the  Norwegian  legislation  entailing  a  reduction  of 
the insurance period which is required for a full supplementary pension for persons 
born  before  1937  shall  be  applicable  to  persons  covered  by  the  Regulation 
provided  that  they  have  been  residents  of  Norway,  or  engaged  in  gainful 
occupation as employed or self-employed in Norway, for such a number of years 
as  is  required  after  their  sixteenth  birthday  and  before  1  January  1967.  This 
requirement shall be one year for each year the person's year of birth falls before 
1937. 

2.  A person insured under the National Insurance Act who provides care to insured 
care-needing  old,  disabled  or  sick  persons  shall,  according  to  prescribed 
conditions,  be  credited  pension  points  for  such  periods.  Likewise,  and  without 
prejudice to Article 44 of Regulation (EC) No 987/2009, a person who takes care 
of small children shall be credited pension points when staying in another State to 
which  this  Regulation  applies,  provided  that  the  person  concerned  is  on  parental 
leave under Norwegian labour law. 

3. 

(a)  Notwithstanding  the  provisions  of  Article  6,  persons  who  have  not  been 
gainfully  employed  in  one  or  more  EC  Member  States  or  EFTA  States  are 
entitled  to  a  Norwegian  social  pension  only  if  they  have  been,  or  have 
previously  been,  permanent  residents  of  Norway  for  at  least  three  years, 
subject to the age limits prescribed by Norwegian legislation. 

(b)  The above mentioned provisions do not apply to Norwegian social pension 
entitlement for the members of the family of persons who are or have been 
gainfully  employed  in  Norway,  or  for  students  or  the  members  of  their 
families.” 

IN  THE 
MODALITIES  FOR  THE  PARTICIPATION  OF  EFTA  STATES 
ADMINISTRATIVE  COMMISSION  FOR  THE  COORDINATION  OF  SOCIAL 
SECURITY  SYSTEMS  AND  IN  THE  TECHNICAL  COMMISSION  FOR  DATA 
PROCESSING  AND 
IN  THE  AUDIT  BOARD,  BOTH  ATTACHED  TO  THE 
ADMINISTRATIVE  COMMISSION,  IN  ACCORDANCE  WITH  ARTICLE  101  OF  THE 
AGREEMENT: 

EN 

15 

   EN 

 
Iceland,  Liechtenstein  and  Norway  may  each  send  a  representative,  present  in  an  advisory 
capacity (observer), to the meetings of the Administrative Commission for the coordination of 
social  security  systems,  attached  to  the  European  Commission,  and  to  the  meetings  of  the 
Technical  Commission  for  data  processing  and  of  the  Audit  Board,  both  attached  to  the 
Administrative Commission. 

2. 

32009 R 0987: 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 (OJ L 284, 30.10.2009, p. 1). 

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the 
following adaptations: 

(a)  The following shall be added to Annex 1: 

“ICELAND – DENMARK 

Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement 
on  the  reciprocal  waiver  of  refund  pursuant  to  Articles  36,  63  and  70  of  Regulation 
(EEC)  No  1408/71  (cost  of  benefits  in  kind  in  respect  of  sickness  and  maternity, 
accidents  at  work  and  occupational  diseases,  and  unemployment  benefits)  and  Article 
105  of  Regulation  (EEC)  No  574/72  (costs  of  administrative  checks  and  medical 
examinations). 

ICELAND – LUXEMBURG  

Arrangement of 30 November 2001 on the reimbursement of costs in the field of social 
security. 

ICELAND – FINLAND 

Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement 
on  the  reciprocal  waiver  of  refund  pursuant  to  Articles  36,  63  and  70  of  Regulation 
(EEC)  No  1408/71  (cost  of  benefits  in  kind  in  respect  of  sickness  and  maternity, 
accidents  at  work  and  occupational  diseases,  and  unemployment  benefits)  and  Article 
105  of  Regulation  (EEC)  No  574/72  (costs  of  administrative  checks  and  medical 
examinations). 

ICELAND – SWEDEN 

Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement 
on  the  reciprocal  waiver  of  refund  pursuant  to  Articles  36,  63  and  70  of  Regulation 
(EEC)  No  1408/71  (cost  of  benefits  in  kind  in  respect  of  sickness  and  maternity, 
accidents  at  work  and  occupational  diseases,  and  unemployment  benefits)  and  Article 
105  of  Regulation  (EEC)  No  574/72  (costs  of  administrative  checks  and  medical 
examinations). 

ICELAND – NORWAY 

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement 
on  the  reciprocal  waiver  of  refund  pursuant  to  Articles  36,  63  and  70  of  Regulation 
(EEC)  No  1408/71  (cost  of  benefits  in  kind  in  respect  of  sickness  and  maternity, 
accidents  at  work  and  occupational  diseases,  and  unemployment  benefits)  and  Article 
105  of  Regulation  (EEC)  No  574/72  (costs  of  administrative  checks  and  medical 
examinations). 

NORWAY – DENMARK 

Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement 
on  the  reciprocal  waiver  of  refund  pursuant  to  Articles  36,  63  and  70  of  Regulation 
(EEC)  No  1408/71  (cost  of  benefits  in  kind  in  respect  of  sickness  and  maternity, 
accidents  at  work  and  occupational  diseases,  and  unemployment  benefits)  and  Article 
105  of  Regulation  (EEC)  No  574/72  (costs  of  administrative  checks  and  medical 
examinations). 

NORWAY – LUXEMBOURG 

Article 2 to 4 of the Arrangement of 19 March 1998 on reimbursement of costs in the 
field of social security. 

NORWAY – NETHERLANDS 

Agreement  of  23  January  2007  on  the  reimbursement  of  costs  for  benefits  in  kind 
provided under Regulations (EEC) Nos 1408/71 and 574/72. 

NORWAY – PORTUGAL 

Arrangement of 24 November 2000 under Articles 36(3) and 63(3) of Regulation (EEC) 
No  1408/71  and  Article  105(2)  of  Regulation  (EEC)  No  574/72  on  the  reciprocal 
waiving  of  the  reimbursement  of  costs  of  benefits  in  kind  for  sickness,  maternity, 
accidents  at  work  and  occupational  diseases  and  the  costs  incurred  for  administrative 
checks and medical examinations provided under these Regulations. 

NORWAY – FINLAND 

Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement 
on  the  reciprocal  waiver  of  refund  pursuant  to  Articles  36,  63  and  70  of  Regulation 
(EEC)  No  1408/71  (cost  of  benefits  in  kind  in  respect  of  sickness  and  maternity, 
accidents  at  work  and  occupational  diseases,  and  unemployment  benefits)  and  Article 
105  of  Regulation  (EEC)  No  574/72  (costs  of  administrative  checks  and  medical 
examinations). 

NORWAY – SWEDEN 

Article 15 of the Nordic Convention on Social Security of 18 August 2003: Agreement 
on  the  reciprocal  waiver  of  refund  pursuant  to  Articles  36,  63  and  70  of  Regulation 
(EEC)  No  1408/71  (cost  of  benefits  in  kind  in  respect  of  sickness  and  maternity, 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
accidents  at  work  and  occupational  diseases,  and  unemployment  benefits)  and  Article 
105  of  Regulation  (EEC)  No  574/72  (costs  of  administrative  checks  and  medical 
examinations). 

NORWAY – UNITED KINGDOM   

The Exchange of Letters of 20 March 1997 and 3 April 1997 concerning Articles 36(3) 
and 63(3) of the Regulation (reimbursement or waiving of reimbursement of the costs of 
benefits in kind), and Article 105 of the implementing Regulation (waiving of the costs 
of administrative checks and medical examinations).”; 

(b)  The following shall be added to Annex 3: 

“NORWAY”; 

(c)  The following shall be added to Annex 5: 

“LIECHTENSTEIN 

NORWAY”. 

ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT 

3.1 

3.2 

4.1 

5.1 

6.1 

32010  D  0424(01):  Decision  No  A1  of  12  June  2009  concerning  the  establishment  of  a 
dialogue and  conciliation procedure concerning  the validity  of documents, the determination 
of the applicable legislation and the provision of benefits under Council Regulation (EC) No 
883/2004 of the European Parliament and of the Council (OJ C 106, 24.4.2010, p. 1). 

32010 D 0424(02): Decision No A2 of 12 June 2009 concerning the interpretation of Article 
12  of  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  on  the 
legislation  applicable  to  posted  workers  and  self-employed  workers  temporarily  working 
outside the competent State (OJ C 106, 24.4.2010, p. 5). 

32010 D 0424(03): Decision No E1 of 12 June 2009 concerning the practical arrangements for 
the  transitional  period  for  the  data  exchange  via  electronic  means  referred  to  in  Article  4  of 
Regulation  (EC)  No  987/2009  of  the  European  Parliament  and  of  the  Council  (OJ  C  106, 
24.4.2010, p. 9). 

32010 D 0424(04): Decision No F1 of 12 June 2009 concerning the interpretation of Article 
68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to 
priority rules in the event of overlapping of family benefits (OJ C 106, 24.4.2010, p. 11). 

32010  D  0424(05):  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 (OJ C 106, 24.4.2010, p. 13). 

EN 

18 

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6.2 

7.1 

8.1 

8.2 

8.3 

9.1 

9.2 

9.3 

32010 D 0424(06): Decision No H2 of 12 June 2009 concerning the methods of operation and 
the  composition  of  the  Technical  Commission  for  data  processing  of  the  Administrative 
Commission for the coordination of social security systems (OJ C 106, 24.4.2010, p. 17). 

32010 D 0424(07): Decision No P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 
and 87(5) of Regulation No 883/2004 of the European Parliament and of the Council for the 
award of invalidity, old-age and survivor’s benefits (OJ C 106, 24.4.2010, p. 21). 

32010  D  0424(08):  Decision  No  S1  of  12  June  2009  concerning  the  European  Health 
Insurance Card (OJ C 106, 24.4.2010, p. 23). 

32010 D 0424(09): Decision No S2 of 12 June 2009 concerning the technical specifications of 
the European Health Insurance Card (OJ C 106, 24.4.2010, p. 26). 

The  provisions  of  the  Decision  shall,  for  the  purposes  of  this  Agreement,  be  read  with  the 
following adaptation: 

Notwithstanding point 3.3.2 of the Annex to the Decision, the EFTA States shall nevertheless 
have the possibility to insert the European stars on the European Health Insurance Cards to be 
issued by them. 

32010 D 0424(10): Decision No S3 of 12 June 2009 defining the benefits covered by Articles 
19(1)  and  27(1)  of  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the 
Council  and  Article  25(A)(3)  of  Regulation  (EC)  No  987/2009  of  the  European  Parliament 
and of the Council (OJ C 106, 24.4.2010, p. 40). 

32010 D 0424(11): Decision No U1 of 12 June 2009 concerning Article 54(3) of Regulation 
(EC)  No  987/2009  of  the  European  Parliament  and  of  the  Council  relating  to  increases  in 
unemployment benefit for dependent members of the family (OJ C 106, 24.4.2010, p. 42). 

32010 D 0424(12): Decision No U2 of 12 June 2009 concerning the scope of Article 65(2) of 
Regulation (EC) No 883/2004 of the European Parliament and of the Council on the right to 
unemployment benefits of wholly unemployed persons other than frontier workers who were 
resident in the territory of a Member State other than the competent Member State during their 
last period of employment or self-employment (OJ C 106, 24.4.2010, p. 43). 

32010 D 0424(13): Decision No U3 of 12 June 2009 concerning the scope of the concept of 
‘partial unemployment’ applicable to  the unemployed persons referred  to in  Article 65(1) of 
Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  (OJ  C  106, 
24.4.2010, p. 45). 

ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE 

10.1 

32010  H  0424(01):  Recommendation  No  P1  of  12  June  2009  concerning  the  Gottardo 
judgment,  according  to  which  the  advantages  enjoyed  by  a  State’s  own  nationals  under  a 
bilateral  convention  on  social  security  with  a  non-member  country  must  also  be  granted  to 
workers who are nationals of other Member States (OJ C 106, 24.4.2010, p. 47). 

EN 

19 

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11.1 

11.2 

32010  H  0424(02):  Recommendation  No  U1  of  12  June  2009  concerning  the  legislation 
applicable  to  unemployed  persons  engaging  in  part-time  professional  or  trade  activity  in  a 
Member State other than the State of residence (OJ C 106, 24.4.2010, p. 49). 

32010  H  0424(03):  Recommendation  No  U2  of  12  June  2009  concerning  the  application  of 
Article  64(1)(a)  of  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the 
Council  to  unemployed  persons  accompanying  their  spouses  or  partners  pursuing  a 
professional  or  trade  activity  in  a  Member  State  other  than  the  competent  State  (OJ  C  106, 
24.4.2010, p. 51). 

II. SAFEGUARDING OF SUPPLEMENTARY PENSION RIGHTS 

ACTS REFERRED TO 

12. 

398 L 0049: Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary 
pension rights of employed and self-employed persons moving within the Community (OJ L 
209, 25.7.1998, p. 46).’ 

EN 

20 

   EN