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13.12.2012 Official
Journal
of
the
European
Union L
340/19
COUNCIL DECISION
of 6 December 2012
on the position to be taken on behalf of the European Union within the Association Council set up
by the Agreement establishing an association between the European Economic Community and
Turkey, with regard to the adoption of provisions on the coordination of social security systems
(2012/776/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6) There
is
a
need
to
update
the
implementing
provisions
currently contained in Decision No 3/80 so that they
reflect developments in the field of European Union
social security coordination ( 4 ).
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 48, in conjunction with
Article 218(9) thereof,
(7) Decision
No
3/80
should
therefore
be
repealed
and
replaced with a Decision of the Association Council
that, in one single step, implements the relevant
Having regard to the proposal from the European Commission,
provisions of the Agreement and of the Additional
Protocol regarding the coordination of social security
systems.
Whereas:
(8)
It is appropriate to establish the position to be taken on
(1) The
Agreement
establishing
an
association
between
the
the Union’s behalf in the Association Council, with
European Economic Community and Turkey (
regard to the adoption of provisions on the coordination

1 ) (the
‘Agreement’) and the Additional Protocol to the
of social security systems.
Agreement of 23 November 1970 ( 2 ) (the ‘Additional
Protocol’) provide that the freedom of movement for
workers between the Union and Turkey is to be
(9)
The position of the Union within the Association Council
secured by progressive stages.
should therefore be based on the attached draft decision,
(2) Article
9
of
the
Agreement
provides
that
within
the HAS ADOPTED THIS DECISION:
scope of the Agreement any discrimination on grounds
of nationality is prohibited.
Article 1
(3) Article
39
of
the
Additional
Protocol
provides
that
the The position to be taken on behalf of the European Union
Association Council is to adopt social security measures
within the Association Council set up by the Agreement estab
for workers of Turkish nationality moving within the
lishing an association between the European Economic
Union and for their families residing in the Union.
Community and Turkey, with regard to the adoption of
provisions on the coordination of social security systems,
shall be based on the draft decision of the Association
Council attached to this Decision.
(4)
As a first step towards the implementation of Article 39
of the Additional Protocol and of Article 9 of the
Agreement in the field of social security, Decision No
3/80 on the application of the social security schemes
Minor changes to that draft decision may be agreed to by the
of the Member States of the European Communities to
representatives of the Union in the Association Council without
Turkish workers and members of their families ( 3 )
the need to adopt a further Council decision.
(‘Decision No 3/80’) was adopted by the Association
Council on 19 September 1980.
( 4 ) 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); Regulation (EC) No 987/2009
of the European Parliament and of the Council of 16 September
(5) It is necessary to ensure that in the field of social
2009 laying down the procedure for implementing Regulation
security, Article 9 of the Agreement and Article 39 of
(EC) No 883/2004 on the coordination of social security systems
the Additional Protocol are fully implemented.
(OJ L 284, 30.10.2009, p. 1); Regulation (EU) No 1231/2010 of the
European Parliament and of the Council of 24 November 2010
extending Regulation (EC) No 883/2004 and Regulation (EC) No
( 1 ) OJ 217, 29.12.1964, p. 3687/64.
987/2009 to nationals of third countries who are not already
( 2 ) OJ L 293, 29.12.1972, p. 3.
covered by these Regulations solely on the ground of their
( 3 ) OJ C 110, 25.4.1983, p. 60.
nationality, (OJ L 344, 29.12.2010, p. 1).

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L 340/20
EN
Official Journal of the European Union
13.12.2012
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 6 December 2012.
For the Council
The President
S. CHARALAMBOUS

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EN
13.12.2012 Official
Journal
of
the
European
Union L
340/21
DRAFT
DECISION No …/… OF THE EU-TURKEY ASSOCIATION COUNCIL
of …
with regard to the adoption of provisions on the coordination of social security systems
THE ASSOCIATION COUNCIL,
social security systems ( 5 ) and of Regulation (EC) No
987/2009 of the European Parliament and of the
Having regard to the Agreement establishing an association
Council of 16 September 2009 laying down the
between the European Economic Community and Turkey ( 1 ),
procedure for implementing Regulation (EC) No
and in particular Article 22(3) thereof,
883/2004 on the coordination of social security
systems ( 6 ) to nationals of third countries who are not
Having regard to the Additional Protocol of 23 November
covered by those provisions on the grounds of their
1970 ( 2 ), and in particular Article 39 thereof,
nationality. Regulation (EU) No 1231/2010 already
covers the principle of aggregation of insurance periods
Whereas:
acquired by Turkish workers in the various Member
States regarding entitlement to certain benefits, as set
(1) The
Agreement
establishing
an
association
between
the
out in Article 39(2) of the Additional Protocol.
European Economic Community and Turkey (the ‘Agree
ment’) and the Additional Protocol to the Agreement of
23 November 1970 (the ‘Additional Protocol’) provide
(9) Decision
No
3/80
should
therefore
be
repealed
and
that freedom of movement for workers between the
replaced with a Decision of the Association Council
Union and Turkey is to be secured by progressive stages.
that, in one single step, implements the relevant
provisions of the Agreement relating to the coordination
(2) Article
9
of
the
Agreement
provides
that
within
the
of social security systems contained in the Agreement
scope of the Agreement any discrimination on grounds
and in the Additional Protocol.
of nationality is prohibited.
(3) Article
39
of
the
Additional
Protocol
provides
for
the (10) With
regard
to
the
application
of
the
non-discrimination
coordination of the social security systems of Turkey
principle, this Decision should not give any additional
and the Member States, and lays down the principles
rights arising from certain facts or events occurring on
for such coordination.
the territory of the other Contracting Party, where such
facts or events are not taken into account under the
(4) Article
39
of
the
Additional
Protocol
further
provides
legislation of the first Contracting Party, other than the
that the Association Council is to adopt social security
right to export certain benefits.
measures for workers of Turkish nationality moving
within the Community and for their families residing
in the Community.
(11) In
applying
this
Decision,
the
right
of
Turkish
workers
to
family benefits should be subject to the condition that
(5)
As a first step towards the implementation of Article 39
their family members legally reside with them in the
of the Additional Protocol, Decision No 3/80 on the
Member State where they are employed. Where their
application of the social security schemes of the
family members legally reside in another Member State,
Member States of the European Communities to
Regulation (EU) No 1231/2010 applies. This Decision
Turkish workers and members of their families ( 3 )
should not give any entitlement to family benefits with
(‘Decision No 3/80’) was adopted by the Association
respect to the family members of a worker who reside in
Council on 19 September 1980.
a country other than a Member State, for instance
Turkey.
(6)
It is necessary to ensure that in the field of social security
Article 9 of the Agreement and Article 39 of the
Additional Protocol are fully implemented.
(12) It may be necessary to lay down special provisions which
correspond to the specific characteristics of the legislation
(7) It
is
necessary
to
update
the
implementing
provisions
of Turkey in order to facilitate the application of the
currently contained in Decision No 3/80 so that they
coordination rules.
reflect developments in the field of European Union
social security coordination.
(13) In order to ensure the smooth functioning of the coor
(8) Regulation
(EU)
No
1231/2010
(
dination of the social security systems of the Member

4 ) extends the appli
cation of the provisions of Regulation (EC) No
States and of Turkey, it is necessary to provide for
883/2004 of the European Parliament and of the
specific provisions regarding cooperation between the
Council of 29 April 2004 on the coordination of
Member States and Turkey, as well as between the
person concerned and the institution of the competent
State.
( 1 ) OJ 217, 29.12.1964, p. 3687.
( 2 ) OJ L 293, 29.12.1972, p. 3.
( 3 ) OJ C 110, 25.4.1983, p. 60.
( 5 ) OJ L 166, 30.4.2004, p. 1.
( 4 ) OJ L 344, 29.12.2010, p. 1.
( 6 ) OJ L 284, 30.10.2009, p. 1.

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L 340/22
EN
Official Journal of the European Union
13.12.2012
(14) Transitional
provisions
should
be
adopted
in
order
to
(ii) in relation to Turkey, the corresponding benefits
protect the persons covered by this Decision and to
applying within Turkey;
ensure that they do not lose any rights as a result of
its entry into force,
(i) ‘exportable benefits’ means:
HAS ADOPTED THIS DECISION:
(i) in relation to the Member States:
PART I
— old-age pensions,
GENERAL PROVISIONS
Article 1
— survivors’ pensions,
Definitions
1. For
the
purposes
of
this
Decision:
— pensions in respect of accidents at work and occu
pational diseases,
(a) ‘Agreement’ means the Agreement establishing an
association between the European Economic Community
— invalidity pensions,
and Turkey;
within the meaning of the Regulation, with the
(b) ‘Regulation’ means Regulation (EC) No 883/2004, as
exception of special non-contributory cash benefits as
applicable in the Member States of the European Union;
listed in Annex X to the Regulation;
(c) ‘implementing Regulation’ means Regulation (EC) No
(ii) in relation to Turkey, the corresponding benefits as
987/2009;
provided for under the legislation of Turkey, with the
exception of special non-contributory cash benefits as
(d) ‘Member State’ means a Member State of the European
set out in Annex I to this Decision.
Union;
2. Other
terms
used
in
this
Decision
shall
have
the
meaning
(e) ‘worker’ means:
which is assigned to them:
(i) for the purposes of the legislation of a Member State, a
(a) in relation to the Member States, in the Regulation and the
person pursuing an activity as an employed person
implementing Regulation;
within the meaning of Article 1(a) of the Regulation;
(b) in relation to Turkey, in the relevant legislation as applicable
(ii) for the purposes of the legislation of Turkey, a person
in Turkey.
pursuing an activity as an employed person within the
meaning of that legislation;
Article 2
(f) ‘member of the family’ means:
Persons covered
This Decision shall apply to:
(i) for the purposes of the legislation of a Member State, a
member of the family within the meaning of Article 1(i)
of the Regulation;
(a) Turkish workers who are, or have been, legally employed in
the territory of a Member State and who are, or have been,
subject to the legislation of one or more Member States, and
(ii) for the purposes of the legislation of Turkey, a member
their survivors;
of the family within the meaning of that legislation;
(b) the members of the family of workers referred to in point
(g) ‘legislation’ means:
(a), provided that those family members are, or have been,
legally resident with the worker concerned while the worker
(i) in relation to the Member States, legislation, within the
is employed in a Member State;
meaning of Article 1(l) of the Regulation, as applicable
to the benefits covered by this Decision;
(c) workers who are nationals of a Member State who are, or
have been, legally employed in the territory of Turkey and
(ii) in relation to Turkey, the legislation, as applicable in
who are, or have been, subject to the legislation of Turkey,
Turkey, relating to the benefits covered by this Decision;
and their survivors; and
(h) ‘benefits’ means:
(d) the members of the family of workers referred to in point
(c), provided that those family members are, or have been,
(i) in relation to the Member States, benefits within the
legally resident with the worker concerned while the worker
meaning of Article 3 of the Regulation;
is employed in Turkey.

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EN
13.12.2012 Official
Journal
of
the
European
Union L
340/23
Article 3
one another their good offices and act as though implementing
their own legislation. The administrative assistance given by
Equality of treatment
those authorities and institutions shall, as a rule, be free of
1. Turkish
workers
who
are
legally
employed
in
a
Member charge. However, the competent authorities of the Member
State and any members of their family legally residing with
States and of Turkey may agree to certain expenses being
them shall enjoy, with regard to benefits, within the meaning
reimbursed.
of Article 1(1)(h), treatment free from any discrimination based
on nationality relative to nationals of the Member States in
which those workers are employed.
3. The
authorities
and
institutions
of
the
Member
States
and
of Turkey may, for the purposes of this Decision, communicate
directly with one another and with the persons involved or their
2. Workers
who
are
nationals
of
a
Member
State
and
who representatives.
are legally employed in Turkey and any members of their family
legally residing with them shall enjoy, with regard to benefits,
within the meaning of Article 1(1)(h), treatment free from any
4. The
institutions
and
persons
covered
by
this
Decision
shall
discrimination based on nationality relative to nationals of
have a duty of mutual information and cooperation to ensure
Turkey.
the correct implementation of this Decision.
PART II
5. The
persons
covered
by
this
Decision
shall
inform
the
RELATIONS BETWEEN THE MEMBER STATES AND TURKEY
institutions of the competent Member State or of Turkey,
Article 4
where the latter is the competent State, and of the Member
State of residence or of Turkey, where the latter is the State
Waiving of residence clauses
of residence, as soon as possible of any change in their personal
or family situation which affects their right to benefits under
1. Exportable
benefits,
within
the
meaning
of
Article
1(1)(i), this Decision.
to which the persons referred to in Article 2(a) and (c) are
entitled, shall not be subject to any reduction, modification,
suspension, withdrawal or confiscation on the grounds that
6. Failure
to
respect
the
obligation
of
information
set
out
in
the beneficiary resides:
paragraph 5 may result in the application of proportionate
measures in accordance with national law. Nevertheless, those
(i) for the purpose of benefits under the legislation of a
measures shall be equivalent to those applicable to similar situ
Member State, within the territory of Turkey, or
ations under national law, and they shall not make it impossible
or excessively difficult in practice for claimants to exercise the
rights conferred on them by this Decision.
(ii) for the purpose of benefits under the legislation of Turkey,
within the territory of a Member State.
7. The
Member
States
and
Turkey
may
provide
for
national
2. The
members
of
the
family
of
a
worker
referred
to
in provisions that establish conditions for the verification of
Article 2(b) shall be entitled to exportable benefits, within the
entitlement to benefits in order to take into account the fact
meaning of Article 1(1)(i)(i), in the same way as the family
that the beneficiaries stay or reside outside the territory of the
members of a worker who is a national of the Member State
State where the debtor institution is located. Such provisions
concerned when those family members reside within the
shall be proportionate, free from any discrimination based on
territory of Turkey.
nationality and shall be in accordance with the principles set
out in this Decision. Such provisions shall be notified to the
Association Council.
3. The
members
of
the
family
of
a
worker
referred
to
in
Article 2(d) shall be entitled to exportable benefits, within the
meaning of Article 1(1)(i)(ii), in the same way as the family
Article 6
members of a worker who is a national of Turkey when
those family members reside within the territory of a Member
Administrative checks and medical examinations
State.
1. This Article shall apply to the persons referred to in
Article 2, in receipt of exportable benefits, as referred to in
PART III
Article 1(1)(i), as well as to the institutions in charge of the
implementation of this Decision.
MISCELLANEOUS PROVISIONS
Article 5
2. Where a recipient or a claimant of benefits, or a member
Cooperation
of that person’s family, stays or resides within the territory of a
1. The
Member
States
and
Turkey
shall
communicate
to
each Member State when the debtor institution is located in Turkey,
other all information regarding changes in their legislation
or stays or resides within the territory of Turkey when the
which may affect the implementation of this Decision.
debtor institution is located in a Member State, the medical
examination shall be carried out, at the request of the debtor
institution, by the institution of the beneficiary’s place of stay or
2. For the purposes of this Decision, the authorities and
residence, in accordance with the procedures laid down by the
institutions of the Member States and of Turkey shall lend
legislation applied by that institution.

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L 340/24
EN
Official Journal of the European Union
13.12.2012
The debtor institution shall inform the institution of the place
Article 9
of stay or residence of any special requirements, if necessary, to
be followed and points to be covered by the medical examin
Administrative procedures contained in existing bilateral
ation.
agreements
Administrative procedures contained in existing bilateral
The institution of the place of stay or residence shall forward a
agreements between a Member State and Turkey may
report to the debtor institution that requested the medical
continue to apply provided that those procedures do not
examination.
adversely affect the rights or obligations of the persons
concerned, as set out in this Decision.
The debtor institution shall reserve the right to have the bene
ficiary examined by a doctor of its choice, either in the territory
where the recipient or claimant of benefits stays or resides, or in
the country where the debtor institution is located. However,
Article 10
the beneficiary may be asked to return to the State of the debtor
Agreements supplementing the administrative procedures
institution only where he or she is able to make the journey
for implementing this Decision
without prejudice to his or her health and where the cost of
travel and accommodation is paid for by the debtor institution.
One or more Member States and Turkey may conclude
agreements designed to supplement the administrative
3. Where a recipient or a claimant of benefits, or a member
procedures for implementing this Decision, especially with
of that person’s family, stays or resides in the territory of a
regard to preventing and combating fraud and error.
Member State when the debtor institution is located in
Turkey, or stays or resides in Turkey when the debtor insti
tution is located in a Member State, the administrative check
shall, at the request of the debtor institution, be performed by
PART IV
the institution of the beneficiary’s place of stay or residence.
TRANSITIONAL AND FINAL PROVISIONS
Article 11
The institution of the place of stay or residence shall forward a
report to the debtor institution that requested the administrative
Transitional provisions
check.
1. No
rights
shall
be
acquired
pursuant
to
this
Decision
for
the period before its date of entry into force.
The debtor institution shall reserve the right to have the
situation of the beneficiary examined by a professional of its
choice. However, the beneficiary may be asked to return to the
State of the debtor institution only where he or she is able to
2. Subject
to
paragraph
1,
a
right
shall
be
acquired
under
make the journey without prejudice to his or her health and
this Decision even if it relates to a contingency arising before its
where the cost of travel and accommodation is paid for by the
date of entry into force.
debtor institution.
4. One
or
more
Member
States
and
Turkey
may
agree
on
other administrative provisions, subject to their informing the
3. Any benefit which has not been awarded or which has
Association Council thereof.
been suspended by reason of the nationality or place of
residence of the person concerned shall, at the request of that
5. As
an
exception
to
the
principle
of
free-of-charge
mutual person, be provided or resumed with effect from the date of
administrative assistance set out in Article 5(2) of this Decision,
entry into force of this Decision, provided that the rights for
the effective amount of the expenses of the checks referred to in
which benefits were previously provided have not given rise to
paragraphs 2 and 3 of this Article shall be refunded to the
a lump-sum payment.
institution which was requested to carry them out by the
debtor institution which requested them.
Article 7
4. If
a
request,
as
referred
to
in
paragraph
3,
is
submitted
within two years of the date of entry into force of this Decision,
Application of Article 25 of the Agreement
the rights acquired in accordance with this Decision shall have
effect from that date, and the legislation of any Member State or
Article 25 of the Agreement shall apply in case either Party
Turkey concerning the forfeiture or limitation of rights may not
considers that the other Party has not complied with the
be invoked against the persons concerned.
obligations laid down in Articles 5 and 6.
Article 8
Special provisions for the application of the legislation of
5. If
a
request,
as
referred
to
in
paragraph
3,
is
submitted
Turkey
after the expiry of the two-year period referred to in paragraph
4, rights not forfeited or not time-barred shall have effect from
The Association Council may, if necessary, lay down special
the date on which the request was submitted, subject to any
provisions for the application of the legislation of Turkey in
more favourable provisions under the legislation of any Member
Annex II to this Decision.
State or of Turkey.

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EN
13.12.2012 Official
Journal
of
the
European
Union L
340/25
6. The rights of a person to whom a pension or special non-contributory cash benefit is provided by a
Member State prior to the date of entry into force of this Decision and as a result of the direct effect of
Article 6(1) of Decision No 3/80, shall not be limited or forfeited as a result of this Decision.
Article 12
Annexes to this Decision
The Annexes to this Decision constitute an integral part thereof.
Article 13
Repeal
Decision No 3/80 shall be repealed as from the date of entry into force of this Decision.
Article 14
Entry into force
This Decision shall enter into force on the day following that of its publication in the Official Journal of the
European Union.
Done at …, …
For the Association Council
The President
ANNEX I
LIST OF TURKISH SPECIAL NON-CONTRIBUTORY CASH BENEFITS
ANNEX II
SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF TURKEY

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Document Outline

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