CELEX: 52011SC0261
Language: en
Date: 2011-03-08
Title: Amended 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, 8.3.2011
                                                    SEC(2011) 261 final
                                                    2010/0245 (NLE)
                                  Amended proposal for a
                                  COUNCIL DECISION
                                        of 8.3.2011
     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 EU legislation into
       the EEA Agreement as soon as possible after its adoption.
   2.  To that end, the Commission transmitted to the Council on 9 September 2010 the
       Commission proposal for a Council Decision1, establishing the EU position on a
       draft Decision of the EEA Joint Committee aiming at amending Annex VI (social
       security) of the EEA Agreement by adding new EU 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 furthermore
       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).
   3.  The originally transmitted draft Commission proposal for a Council Decision was
       based on articles 218(9), 48 and 352 TFEU. This legal basis needs to be amended.
       The Lisbon Treaty extended the competence set out in Article 48 TFEU, which
       empowers the Union to coordinate the social security system of Member States, to
       self-employed migrant workers. Thus, after the entry into force of the Lisbon Treaty,
       it is not necessary to rely on Article 352 TFEU as legal basis in order to cover this
       group of persons. The legal basis should thus be limited to exclusively article 218(9)
       TFEU covering the procedure to be followed and article 48 TFEU which now covers
       all the substantial elements of the relevant acquis. This has been confirmed by the
       jurisprudence of the European Court of Justice.
   4.  The amended draft Commission 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, in
       annex, replaces the draft Commission proposal for a Council Decision transmitted on
       9 September 2010.
   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.
   1
      SEC(2010)1013final
EN                                            1                                               EN
 ---pagebreak---                                                           2010/0245 (NLE)
                                         Amended proposal for a
                                         COUNCIL DECISION
                                              of 8.3.2011
        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) and 48 thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning
   arrangements for implementing the Agreement on the European Economic Area2, 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,
   2
           OJ L 305, 30.11.1994, p. 6.
EN                                                 2                                             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 Brussels, 8.3.2011
                                               For the Council
                                               The President
EN                                               3                                           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 …3.
   (2)      Protocol 37 to the Agreement was amended by Decision of the EEA Joint Committee No…/…
            of …4.
   (3)      Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004
            on the coordination of social security systems5, 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 Annexes6 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 systems7 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 Council8 is to be incorporated into the Agreement.
   (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
   3
           OJ L …
   4
           OJ L …
   5
           OJ L 166, 30.4.2004, p. 1.
   6
           OJ L 284, 30.10.2009, p. 43.
   7
           OJ L 284, 30.10.2009, p. 1.
   8
           OJ C 106, 24.4.2010, p. 1.
EN                                                 4                                               EN
 ---pagebreak---          to posted workers and self-employed workers temporarily working outside the competent
         State9 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 Council10 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 benefits11 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 systems12 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 systems13 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 benefits14 is to be incorporated into the Agreement.
   (13)  Decision No S1 of 12 June 2009 concerning the European Health Insurance Card15 is to be
         incorporated into the Agreement.
   (14)  Decision No S2 of 12 June 2009 concerning the technical specifications of the European
         Health Insurance Card16 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 Council17 is
         to be incorporated into the Agreement.
   (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 family18 is to be incorporated into the Agreement.
   9
        OJ C 106, 24.4.2010, p. 5.
   10
        OJ C 106, 24.4.2010, p. 9.
   11
        OJ C 106, 24.4.2010, p. 11.
   12
        OJ C 106, 24.4.2010, p. 13.
   13
        OJ C 106, 24.4.2010, p. 17.
   14
        OJ C 106, 24.4.2010, p. 21.
   15
        OJ C 106, 24.4.2010, p. 23.
   16
        OJ C 106, 24.4.2010, p. 26.
   17
        OJ C 106, 24.4.2010, p. 40.
   18
        OJ C 106, 24.4.2010, p. 42.
EN                                              5                                                EN
 ---pagebreak---    (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-employment19 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 Council20 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 States21 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 residence22 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 State23 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 1408/7124, 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 574/7225, which is incorporated into the Agreement and which is consequently to be
         repealed under the Agreement.
   (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:
   19
        OJ C 106, 24.4.2010, p. 43.
   20
        OJ C 106, 24.4.2010, p. 45.
   21
        OJ C 106, 24.4.2010, p. 47.
   22
        OJ C 106, 24.4.2010, p. 49.
   23
        OJ C 106, 24.4.2010, p. 51.
   24
        OJ L 149, 5.7.1971, p. 2.
   25
        OJ L 74, 27.3.1972, p. 1.
EN                                              6                                               EN
 ---pagebreak---                                                          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
   *
          [No constitutional requirements indicated.][Constitutional requirements indicated.]
EN                                                      7                                             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                                                   8                                                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
EN                                       9                                                EN
 ---pagebreak---        (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 – 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”;
EN                                    10                                                EN
 ---pagebreak---    (g) The following shall be added to Annex VIII, Part 1:
       “ICELAND
       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
EN                                     11                                              EN
 ---pagebreak---        upon the reaching of the pensionable age, and all pensions (survivors’ and old-
       age pensions) based on the deceased person’s pension earnings.”;
   (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.
EN                                    12                                               EN
 ---pagebreak---    LIECHTENSTEIN
   1.  Compulsory insurance under Liechtenstein sickness insurance scheme for
       benefits in kind (“Krankenpflegeversicherung”) and possible exemptions:
       (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.
EN                                13                                                 EN
 ---pagebreak---    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.
   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.
EN                              14                                                 EN
 ---pagebreak---                   (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:
      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).
EN                                         15                                              EN
 ---pagebreak---    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
   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
EN                                  16                                           EN
 ---pagebreak---                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, 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
EN                                             17                                            EN
 ---pagebreak---        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).
   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
EN                                            18                                               EN
 ---pagebreak---          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).
   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                                            19                                             EN