CELEX: 32010D0424(05)
Language: en
Date: 2009-06-12 00:00:00
Title: Decision No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems (Text of relevance to the EEA and to the EC/Switzerland Agreement)

24.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 106/13
            
         DECISION No H1
   of 12 June 2009
   concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/05
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
   Having regard to Articles 87 to 91 of Regulation (EC) No 883/2004,
   Having regard to Article 64(7) and Articles 93 to 97 of Regulation (EC) No 987/2009,
   Whereas:
   
               (1)
            
            
               Regulations (EC) No 883/2004 and (EC) No 987/2009 enter into force on 1 May 2010 and Regulations (EEC) No 1408/71 (3) and (EEC) No 574/72 (4) shall be repealed on the same date, except for the situations governed by Article 90(1) of Regulation (EC) No 883/2004 and Article 96(1) of Regulation (EC) No 987/2009.
            
         
               (2)
            
            
               Subject to Article 87(8) of Regulation (EC) No 883/2004 and Article 94 of Regulation (EC) No 987/2009, in principle claims submitted before the date of entry into force of the said Regulations shall continue to be governed by the law which was applicable to them at the time they were submitted and the provisions of the said Regulations shall apply only to claims opened after their entry into force.
            
         
               (3)
            
            
               Decisions No 74 to 208 and Recommendations No 14 to 23 of the Administrative Commission on Social Security for Migrant Workers, still in force, become obsolete on the date on which Regulations (EEC) No 1408/71 and (EEC) No 574/72 are repealed and Regulations (EC) No 883/2004 and (EC) No 987/2009 enter into force.
            
         
               (4)
            
            
               There is a need to adapt certain Decisions and Recommendations applicable under Regulations (EEC) No 1408/71 and (EEC) No 574/72 in order to correspond to the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009.
            
         
               (5)
            
            
               There is a need for transparency and guidance for the institutions in applying Decisions and Recommendations of the Administrative Commission under Regulation (EEC) No 1408/71 and (EEC) No 574/72 after the date of entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009.
            
         
               (6)
            
            
               Due to legal and technical complexity, a tight timeframe and a need to prioritise certain tasks of the Administrative Commission, some of the Decisions will not be ready for the publication in time before the entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009 but only at a later stage.
            
         
               (7)
            
            
               Certain provisions of Decisions and Recommendations applicable under Regulations (EEC) No 1408/71 and (EEC) No 574/72 are incorporated directly into the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009.
            
         
               (8)
            
            
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,
            
         HAS DECIDED AS FOLLOWS:
   
               1.
            
            
               The Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 shall not apply for cases governed by Regulations (EC) No 883/2004 and (EC) No 987/2009.
               Nevertheless, the said Decisions and Recommendations remain applicable where Regulations (EEC) No 1408/71 and (EEC) No 574/72 remain in force and continue to have legal effect, in particular in situations under Article 90(1), second indent, of Regulation (EC) No 883/2004 and Article 96(1), second indent, of Regulation (EC) No 987/2009.
            
         
               2.
            
            
               Decisions and Recommendations which are listed in Part A of the Annex shall not be substituted by any Decisions or Recommendations in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009.
            
         
               3.
            
            
               Decisions and Recommendations listed in Part B of the Annex shall be substituted by the indicated new Decisions and Recommendations in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009.
            
         
               4.
            
            
               Decisions listed in Part C of the Annex shall be adapted by the Administrative Commission at the earliest possible time so that they correspond to the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 because the principles in these Decisions need to be applied also with regard to the said Regulations.
            
         
               5.
            
            
               The documents necessary for application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 (that is, E-forms, European Health Insurance Cards and Provisional Replacement Certificates) issued by the competent institutions, authorities and other bodies of Member States before the entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009 shall continue to be valid (despite the fact that the references relate to Regulations (EEC) No 1408/71 and (EEC) No 574/72) and shall be taken into account by the institutions, authorities and other bodies of other Member States even after that date, until their date of validity has expired or until they are withdrawn or replaced by the documents issued or communicated under Regulations (EC) No 883/2004 and (EC) No 987/2009.
            
         
               6.
            
            
               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.
            
         
      
         
            The Chair of the Administrative Commission
         
         Gabriela PIKOROVÁ
      
   
   
      (1)  OJ L 166, 30.4.2004, p. 1.
   
      (2)  OJ L 284, 30.10.2009, p. 1.
   
      (3)  OJ L 149, 5.7.1971, p. 2.
   
      (4)  OJ L 74, 27.3.1972, p. 1.
   
      ANNEX
      
         PART A
      
      (Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 without successor in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009)
      
         Decisions:
      
      
                   
               
               
                  Decision 74
               
            
                   
               
               
                  Decision 76
               
            
                   
               
               
                  Decision 79
               
            
                   
               
               
                  Decision 81
               
            
                   
               
               
                  Decision 85
               
            
                   
               
               
                  Decision 89
               
            
                   
               
               
                  Decision 91
               
            
                   
               
               
                  Decision 115
               
            
                   
               
               
                  Decision 117
               
            
                   
               
               
                  Decision 118
               
            
                   
               
               
                  Decision 121
               
            
                   
               
               
                  Decision 126
               
            
                   
               
               
                  Decision 132
               
            
                   
               
               
                  Decision 133
               
            
                   
               
               
                  Decision 134
               
            
                   
               
               
                  Decision 135
               
            
                   
               
               
                  Decision 136
               
            
                   
               
               
                  Decision 137
               
            
                   
               
               
                  Decision 142
               
            
                   
               
               
                  Decision 143
               
            
                   
               
               
                  Decision 145
               
            
                   
               
               
                  Decision 146
               
            
                   
               
               
                  Decision 148
               
            
                   
               
               
                  Decision 151
               
            
                   
               
               
                  Decision 152
               
            
                   
               
               
                  Decision 156
               
            
                   
               
               
                  Decision 167
               
            
                   
               
               
                  Decision 171
               
            
                   
               
               
                  Decision 173
               
            
                   
               
               
                  Decision 174
               
            
                   
               
               
                  Decision 176
               
            
                   
               
               
                  Decision 178
               
            
                   
               
               
                  Decision 180
               
            
                   
               
               
                  Decision 192
               
            
                   
               
               
                  Decision 193
               
            
                   
               
               
                  Decision 197
               
            
                   
               
               
                  Decision 198
               
            
                   
               
               
                  Decision 199
               
            
                   
               
               
                  Decision 201
               
            
                   
               
               
                  Decision 202
               
            
                   
               
               
                  Decision 204
               
            
         Recommendations:
      
      
                   
               
               
                  Recommendation 15
               
            
                   
               
               
                  Recommendation 16
               
            
                   
               
               
                  Recommendation 17
               
            
                   
               
               
                  Recommendation 19
               
            
                   
               
               
                  Recommendation 20
               
            
                   
               
               
                  Recommendation 23
               
            
         PART B
      
      (Substituted Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 and their successors in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009)
      
                  Decisions under Regulations (EEC) No 1408/71 and (EEC) No 574/72
               
               
                  Corresponding Decisions under Regulations (EC) No 883/2004 and (EC) No 987/2009
               
            
                  Decision 75
               
               
                  DECISION P1
               
            
                  Decision 83
               
               
                  DECISION U1
               
            
                  Decision 96
               
               
                  DECISION P1
               
            
                  Decision 99
               
               
                  DECISION H1
               
            
                  Decision 100
               
               
                  DECISION H1
               
            
                  Decision 101
               
               
                  DECISION H1
               
            
                  Decision 105
               
               
                  DECISION P1
               
            
                  Decision 139
               
               
                  DECISION H1
               
            
                  Decision 140
               
               
                  DECISION H1
               
            
                  Decision 160
               
               
                  DECISION U2
               
            
                  Decision 181
               
               
                  DECISION A2
               
            
                  Decision 189
               
               
                  DECISION S1
               
            
                  Decision 190
               
               
                  DECISION S2
               
            
                  Decision 191
               
               
                  DECISION S1
               
            
                  Decision 194
               
               
                  DECISION S3
               
            
                  Decision 195
               
               
                  DECISION S3
               
            
                  Decision 196
               
               
                  DECISION S3
               
            
                  Decision 200
               
               
                  DECISION H3
               
            
                  Decision 203
               
               
                  DECISION S1
               
            
                  Decision 205
               
               
                  DECISION U3
               
            
                  Decision 207
               
               
                  DECISION F1
               
            
         
      
                  Recommendations under Regulations (EEC) No 1408/71 and (EEC) No 574/72
               
               
                  Corresponding Recommendations under Regulations (EC) No 883/2004 and (EC) No 987/2009
               
            
                  Recommendation 18
               
               
                  RECOMMENDATION U1
               
            
                  Recommendation 21
               
               
                  RECOMMENDATION U2
               
            
                  Recommendation 22
               
               
                  RECOMMENDATION P1
               
            
         PART C
      
      (Decisions referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 still to be adapted by the Administrative Commission)
      
                   
               
               
                  Decision 138
               
            
                   
               
               
                  Decisions 147 and 150
               
            
                   
               
               
                  Decision 170 (including 185)
               
            
                   
               
               
                  Decision 175
               
            
                   
               
               
                  Decision 206
               
            
                   
               
               
                  Decision 208