Z. Taflan-Met, S. Altun-Baser, E. Andal-Bugdayci v Bestuur van de Sociale Verzekeringsbank and O. Akol v Bestuur van de Nieuwe Algemene Bedrijfsvereniging.
Date: 1996-09-10
21 In those circumstances, in the absence of any provision on its entry into force, it follows from the binding character which the Agreement attaches to decisions of the EEC-Turkey Association Council that Decision No 3/80 entered into force on the date on which it was adopted, that is to say, 19 September 1980, and that, since then, the Contracting Parties have been bound by that decision.
22 The reply to be given to the national court' s first question must therefore be that Decision No 3/80 entered into force on the date on which it was adopted, namely 19 September 1980, and has been binding on the Contracting Parties since then.
Second question
24 In that regard, it should be recalled that the Court has consistently held (see, in particular, Case 12/86 Demirel v Stadt Schwaebisch Gesund [1987] ECR 3719, paragraph 14) that a provision of an agreement concluded by the Community with non-member countries must be regarded as being directly applicable when, regard being had to its wording and the purpose and nature of the agreement itself, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure.
25 In Case C-192/89 Sevince v Staatssecretais van Justitie [1990] ECR I-3461, paragraphs 14 and 15, the Court held that the same criteria apply in determining whether the provisions of a decision of the EEC-Turkey Association Council can have direct effect.
26 As has been observed above, the purpose of Decision No 3/80 is to coordinate the Member States' social security schemes with a view to enabling Turkish workers employed or formerly employed in the Community, members of their families and their survivors to qualify for benefits in the traditional branches of social security.
29 As already mentioned, Decision No 3/80 refers in terms to certain provisions of Regulation No 1408/71 and Regulation No 574/72, while taking account, for the purposes of the implementation of those provisions, of the specific situation of Turkish workers who are or have been subject to the legislation of one or more Member States and of members of their families residing in the territory of one of the Member States.
30 However, comparison of Regulations Nos 1408/71 and 574/72, on the one hand, and Decision No 3/80, on the other, shows, however, that the latter does not contain a large number of precise, detailed provisions, even though such were deemed indispensable for the purpose of implementing Regulation No 1408/71 within the Community.
31 Thus, Regulation No 1408/71, which the Council adopted on the basis of Article 51 of the Treaty, implements the fundamental principle enshrined in that provision, which consists in securing, for migrant workers and those entitled under them, aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all periods taken into account under the various laws of the Member States. Nevertheless, in order to give practical effect to the aggregation rules set out in Regulation No 1408/71, it was necessary to adopt Article 15 of Regulation No 574/72.
32 Similarly, whilst Decision No 3/80 does indeed refer to the provisions of Regulation No 1408/71 setting forth the principle of aggregation for the branches sickness and maternity, invalidity, old age, death grants and family benefits, supplementary implementing measures of the kind set out in Article 15 of Regulation No 574/72 must be adopted before that principle can be applied.
33 In those circumstances, it must be held that, by its nature, Decision No 3/80 is intended to be supplemented and implemented in the Community by a subsequent act of the Council.
34 Thus, on 8 February 1983 the Commission submitted a proposal for a Council Regulation implementing within the European Economic Community Decision No 3/80 (OJ 1983 C 110, p. 1).
35 That proposal for a regulation states that it is a measure intended to implement Decision No 3/80 in the Community. Article 1 provides that "Decision No 3/80 of the EEC-Turkey Association Council ..., annexed to this Regulation, shall be applicable within the Community". To that end, it embodies some 80 articles and seven annexes containing "supplementary detailed rules for implementing Decision No 3/80", which lay down detailed rules with a view to the application of the provisions of the Decision in respect of each category of benefits coming within its scope. They also contain particulars relating, among other things, to prevention of overlapping benefits, determining the applicable legislation and aggregation of periods, together with financial and transitional provisions. Those provisions implementing Decision No 3/80 are based to a large degree on those contained in Regulation No 574/72. Thus, as far as the principle of aggregation is concerned, the content of Article 13 of the proposal for a regulation corresponds closely to that of Article 15 of Regulation No 574/72.
36 However, that proposal for a regulation has not yet been adopted by the Council.
37 It follows from the all the foregoing considerations that, even though some of its provisions are clear and precise, Decision No 3/80 cannot be applied so long as supplementary implementing measures have not been adopted by the Council.