CELEX: 52010SC1013
Language: en
Date: 2010-09-09
Title: 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

EN
EN    EN
 ---pagebreak---                    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
EN                                                                                  EN
 ---pagebreak---                           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 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.
   3. In addition, the draft Decision contains provisions to include a number of decisions
      and recommendations of the Administrative Commission.
   4. 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).
   5. 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.
   6. 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.
EN                                          2                                                 EN
 ---pagebreak---                                                           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)     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.
   (2)     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.
EN                                                 3                                             EN
 ---pagebreak---    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
EN                                               4                                           EN
 ---pagebreak---                                                     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)      Annex VI to the Agreement was amended by Decision of the EEA Joint Committee No …/…
            of …2.
   (2)      Protocol 37 to the Agreement was amended by Decision of the EEA Joint Committee No…/…
            of …3.
   (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.
   (4)      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.
   (5)      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.
   (6)      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
           OJ L …
   3
           OJ L …
   4
           OJ L 166, 30.4.2004, p. 1.
   5
           OJ L 284, 30.10.2009, p. 43.
   6
           OJ L 284, 30.10.2009, p. 1.
   7
           OJ C 106, 24.4.2010, p. 1.
EN                                                 5                                               EN
 ---pagebreak---    (7)   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.
   (8)   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.
   (9)   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.
   (10)  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.
   (11)  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.
   (12)  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.
   (13)  Decision No S1 of 12 June 2009 concerning the European Health Insurance Card14 is to be
         incorporated into the Agreement.
   (14)  Decision No S2 of 12 June 2009 concerning the technical specifications of the European
         Health Insurance Card15 is to be incorporated into the Agreement.
   (15)  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.
   8
        OJ C 106, 24.4.2010, p. 5.
   9
        OJ C 106, 24.4.2010, p. 9.
   10
        OJ C 106, 24.4.2010, p. 11.
   11
        OJ C 106, 24.4.2010, p. 13.
   12
        OJ C 106, 24.4.2010, p. 17.
   13
        OJ C 106, 24.4.2010, p. 21.
   14
        OJ C 106, 24.4.2010, p. 23.
   15
        OJ C 106, 24.4.2010, p. 26.
   16
        OJ C 106, 24.4.2010, p. 40.
EN                                              6                                                EN
 ---pagebreak---    (16)  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.
   (17)  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.
   (18)  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.
   (19)  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.
   (20)  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.
   (21)  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.
   (22)  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.
   (23)  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.
   (24)  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.
   17
        OJ C 106, 24.4.2010, p. 42.
   18
        OJ C 106, 24.4.2010, p. 43.
   19
        OJ C 106, 24.4.2010, p. 45.
   20
        OJ C 106, 24.4.2010, p. 47.
   21
        OJ C 106, 24.4.2010, p. 49.
   22
        OJ C 106, 24.4.2010, p. 51.
   23
        OJ L 149, 5.7.1971, p. 2.
EN                                              7                                              EN
 ---pagebreak---    (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.]
EN                                                      8                                             EN
 ---pagebreak---                                                      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.       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.
   II.      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).
EN                                                  9                                                EN
 ---pagebreak---    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
EN                                        10                                               EN
 ---pagebreak---        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
EN                                     11                                           EN
 ---pagebreak---        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.”;
EN                                     12                                               EN
 ---pagebreak---    (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:
EN                                     13                                               EN
 ---pagebreak---       (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                                                 EN
 ---pagebreak---        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.”
   MODALITIES FOR THE PARTICIPATION OF EFTA STATES IN THE
   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
 ---pagebreak---       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
 ---pagebreak---    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
 ---pagebreak---                 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   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).
   3.2   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).
   4.1   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).
   5.1   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).
   6.1   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                                                EN
 ---pagebreak---    6.2   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).
   7.1   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).
   8.1   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).
   8.2   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.
   8.3   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).
   9.1   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).
   9.2   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).
   9.3   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                                              EN
 ---pagebreak---    11.1  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).
   11.2  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