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13.12.2012 Official
Journal
of
the
European
Union
L
340/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 6 December 2012
on the position to be taken on behalf of the European Union within the Stabilisation and
Association Council established by the Stabilisation and Association Agreement between the
European Communities and their Member States, of the one part, and the Republic of Albania,
of the other part, with regard to the adoption of provisions on the coordination of social security
systems
(2012/773/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Council, with regard to the adoption of provisions on
the coordination of social security systems.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 79(2)(b), in conjunction with
(5)
The position of the Union within the Stabilisation and
Article 218(9) thereof,
Association Council should therefore be based on the
Having regard to the proposal from the European Commission,
attached draft decision,
Whereas:
HAS ADOPTED THIS DECISION:
(1) Article
48
of
the
Stabilisation
and
Association
Article 1
Agreement between the European Communities and
their Member States, of the one part, and the Republic
The position to be taken on behalf of the European Union
of Albania, of the other part (
within the Stabilisation and Association Council set up by the

1 ) (the ‘Agreement’),
provides that the Stabilisation and Association Council
Stabilisation and Association Agreement between the European
is to put in place, by decision, the provisions to
Communities and their Member States, of the one part, and the
implement the principles set out in that Article.
Republic of Albania, of the other part, with regard to the

adoption of provisions on the coordination of social security
(2)
In accordance with Articles 1 and 2 of Protocol No 21
systems, shall be based on the draft decision of the Stabilisation
on the position of the United Kingdom and Ireland in
and Association Council attached to this Decision.
respect of the Area of Freedom, Security and Justice,
annexed to the Treaty on European Union and to the
Minor changes to that draft decision may be agreed to by the
Treaty on the Functioning of the European Union, and
representatives of the Union in the Stabilisation and Association
without prejudice to Article 4 of that Protocol, those
Council without the need to adopt a further Council decision.
Member States are not taking part in the adoption of
Article 2
this Decision and are not bound by it or subject to its
application.
This Decision shall enter into force on the date of its adoption.
(3)
In accordance with Articles 1 and 2 of Protocol No 22
on the position of Denmark, annexed to the Treaty on
European Union and to the Treaty on the Functioning of
Done at Brussels, 6 December 2012.
the European Union, Denmark is not taking part in the
adoption of this Decision and is not bound by it or
subject to its application.
For the Council
(4)
It is appropriate to establish the position to be taken on
The President
the Union’s behalf in the Stabilisation and Association
S. CHARALAMBOUS
( 1 ) OJ L 107, 28.4.2009, p. 166.

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L 340/2
EN
Official Journal of the European Union
13.12.2012
DRAFT
DECISION No …/… OF THE EU-ALBANIA STABILISATION AND ASSOCIATION COUNCIL
of …
with regard to the adoption of provisions on the coordination of social security systems
THE STABILISATION AND ASSOCIATION COUNCIL,
European Parliament and of the Council of 29 April
2004 on the coordination of social security systems ( 3 )
and of Regulation (EC) No 987/2009 of the European
Having regard to the Stabilisation and Association Agreement
Parliament and of the Council of 16 September 2009
between the European Communities and their Member States,
laying down the procedure for implementing Regulation
of the one part, and the Republic of Albania, of the other
(EC) No 883/2004 on the coordination of social security
part ( 1 ), and in particular Article 48 thereof,
systems ( 4 ) to nationals of third countries who are not
already covered by those provisions solely on the
grounds of their nationality. Regulation (EU) No
Whereas:
1231/2010 already covers the principle of aggregation
of insurance periods acquired by Albanian workers in
the various Member States regarding entitlement to
(1) Article
48
of
the
Stabilisation
and
Association
certain benefits, as set out in the first indent of
Agreement between the European Communities and
Article 48(1) of the Agreement.
their Member States, of the one part, and the Republic
of Albania, of the other part (the ‘Agreement’), provides
for the coordination of the social security systems of
(6)
It may be necessary to lay down special provisions which
Albania and the Member States and lays down the prin
correspond to the specific characteristics of the legislation
ciples for such coordination.
of Albania, in order to facilitate the application of the
coordination rules.
(2)
Article 48 of the Agreement provides that the Stabili
sation and Association Council is to adopt a Decision
(7)
In order to ensure the smooth functioning of the coor
for the purposes of implementing the principles set out
dination of the social security systems of the Member
in that Article.
States and of Albania, it is necessary to provide for
specific provisions regarding cooperation between the
Member States and Albania, as well as between the
(3) With
regard
to
the
application
of
the
non-discrimination
person concerned and the institution of the competent
principle, this Decision should not give any additional
State.
rights arising from certain facts or events occurring on
the territory of the other Contracting Party, where such
facts or events are not taken into account under the
legislation of the first Contracting Party, other than the
(8) Transitional
provisions
should
be
adopted
in
order
to
right to export certain benefits.
protect the persons covered by this Decision and to
ensure that they do not lose any rights as a result of
its entry into force,
(4) In
applying
this
Decision,
the
right
of
Albanian
workers
to family benefits should be subject to the condition that
their family members legally reside with them in the
HAS ADOPTED THIS DECISION:
Member State where they are employed. Where their
family members legally reside in another Member State,
Regulation (EU) No 1231/2010 of the European
PART I
Parliament and of the Council of 24 November 2010
extending Regulation (EC) No 883/2004 and Regulation
GENERAL PROVISIONS
(EC) No 987/2009 to nationals of third countries who
are not already covered by these Regulations solely on
Article 1
the ground of their nationality ( 2 ) applies. This Decision
Definitions
should not give any entitlement to family benefits with
respect to the family members of a worker who reside in
1. For
the
purposes
of
this
Decision:
a country other than a Member State, for instance
Albania.
(a) ‘Agreement’ means the Stabilisation and Association
Agreement between the European Communities and their
(5) Regulation
(EU)
No
1231/2010
extends
the
application
Member States, of the one part, and the Republic of
of the provisions of Regulation (EC) No 883/2004 of the
Albania, of the other part;
( 1 ) OJ L 107, 28.4.2009, p. 166.
( 3 ) OJ L 166, 30.4.2004, p. 1.
( 2 ) OJ L 344, 29.12.2010, p. 1.
( 4 ) OJ L 284, 30.10.2009, p. 1.

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EN
13.12.2012 Official
Journal
of
the
European
Union
L
340/3
(b) ‘Regulation’ means Regulation (EC) No 883/2004, as
— pensions in respect of accidents at work and occu
applicable in the Member States of the European Union;
pational diseases,
(c) ‘implementing Regulation’ means Regulation (EC) No
— invalidity pensions relating to accidents at work and
987/2009;
occupational diseases,
(d) ‘Member State’ means a Member State of the European
Union;
within the meaning of the Regulation, with the
exception of special non-contributory cash benefits as
listed in Annex X to the Regulation;
(e) ‘worker’ means:
(ii) in relation to Albania, the corresponding benefits as
(i) for the purposes of the legislation of a Member State, a
provided for under the legislation of Albania, with the
person pursuing an activity as an employed person
exception of special non-contributory cash benefits as
within the meaning of Article 1(a) of the Regulation;
set out in Annex I to this Decision.
(ii) for the purposes of the legislation of Albania, a person
pursuing an activity as an employed person within the
2. Other
terms
used
in
this
Decision
shall
have
the
meaning
meaning of that legislation;
which is assigned to them:
(f) ‘member of the family’ means:
(a) in relation to the Member States, in the Regulation and the
implementing Regulation;
(i) for the purposes of the legislation of a Member State, a
member of the family within the meaning of Article 1(i)
(b) in relation to Albania, in the relevant legislation as
of the Regulation;
applicable in Albania.
(ii) for the purposes of the legislation of Albania, a member
Article 2
of the family within the meaning of that legislation;
Persons covered
(g) ‘legislation’ means:
This Decision shall apply to:
(i) in relation to the Member States, legislation, within the
(a) workers who are Albanian nationals and who are, or have
meaning of Article 1(l) of the Regulation, as applicable
been, legally employed in the territory of a Member State
to the benefits covered by this Decision;
and who are, or have been, subject to the legislation of one
or more Member States, and their survivors;
(ii) in relation to Albania, the legislation, as applicable in
Albania, relating to the benefits covered by this
Decision;
(b) the members of the family of workers referred to in point
(a) provided that those family members are, or have been,
legally resident with the worker concerned while the worker
(h) ‘benefits’ means:
is employed in a Member State;
— old-age pensions,
(c) workers who are nationals of a Member State who are, or
have been, legally employed in the territory of Albania and
— survivors’ pensions,
who are, or have been, subject to the legislation of Albania,
and their survivors; and
— pensions in respect of accidents at work and occupa
tional diseases,
(d) the members of the family of workers referred to in point
(c) provided that those family members are, or have been,
— invalidity pensions relating to accidents at work and
legally resident with the worker concerned while the worker
occupational diseases,
is employed in Albania.
— family allowances;
Article 3
(i) ‘exportable benefits’ means:
Equality of Treatment
1. Workers who are Albanian nationals and are legally
(i) in relation to the Member States:
employed in a Member State 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
— old-age pensions,
from any discrimination based on nationality relative to
nationals of the Member States in which those workers are
— survivors’ pensions,
employed.

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L 340/4
EN
Official Journal of the European Union
13.12.2012
2. Workers
who
are
nationals
of
a
Member
State
and
are one another their good offices and act as though implementing
legally employed in Albania and any members of their family
their own legislation. The administrative assistance given by
legally residing with them shall enjoy, with regard to benefits
those authorities and institutions shall, as a rule, be free of
within the meaning of Article 1(1)(h), treatment free from any
charge. However, the competent authorities of the Member
discrimination based on nationality relative to Albanian
States and of Albania may agree to certain expenses being
nationals.
reimbursed.
PART II
3. The
authorities
and
institutions
of
the
Member
States
and
RELATIONS BETWEEN THE MEMBER STATES AND ALBANIA
of Albania may, for the purposes of this Decision, communicate
Article 4
directly with one another and with the persons involved or their
representatives.
Waiving of residence clauses
1. Exportable
benefits,
within
the
meaning
of
Article
1(1)(i),
to which the persons referred to in Article 2(a) and (c) are
entitled, shall not be subject to any reduction, modification,
4. The
institutions
and
persons
covered
by
this
Decision
shall
suspension, withdrawal or confiscation on the grounds that
have a duty of mutual information and cooperation to ensure
the beneficiary resides:
the correct implementation of this Decision.
(i) for the purpose of benefits under the legislation of a
Member State, within the territory of Albania; or
5. The
persons
covered
by
this
Decision
shall
inform
the
institutions of the competent Member State or of Albania,
where the latter is the competent State, and of the Member
State of residence or of Albania, where the latter is the State
(ii) for the purpose of benefits under the legislation of Albania,
of residence, as soon as possible of any change in their personal
within the territory of a Member State.
or family situation which affects their right to benefits under
this Decision.
2. The
members
of
the
family
of
a
worker
referred
to
in
Article 2(b) shall be are entitled to exportable benefits, within
the meaning of Article 1(1)(i)(i), in the same way as the family
6. Failure
to
respect
the
obligation
of
information
set
out
in
members of a worker who is a national of the Member State
paragraph 5 may result in the application of proportionate
concerned when those family members reside within the
measures in accordance with national law. Nevertheless, those
territory of Albania.
measures shall be equivalent to those applicable to similar situ
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.
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
members of a worker who is a national of Albania when
those family members reside within the territory of a Member
7. The
Member
States
and
Albania
may
provide
for
national
State.
provisions that establish conditions for the verification of

entitlement to benefits in order to take into account the fact
that the beneficiaries stay or reside outside the territory of the
State where the debtor institution is located. Such provisions
shall be proportionate, free from any discrimination based on
PART III
nationality and shall be in accordance with the principles set
MISCELLANEOUS PROVISIONS
out in this Decision. Such provisions shall be notified to the
Stabilisation and Association Council.
Article 5
Cooperation
1. The
Member
States
and
Albania
shall
communicate
to
each other all information regarding changes in their legislation
Article 6
which may affect the implementation of this Decision.
Administrative checks and medical examinations
1. This
Article
shall
apply
to
the
persons
as
referred
to
in
Article 2 and in receipt of exportable benefits within the
2. For the purposes of this Decision, the authorities and
meaning of Article 1(1)(i), as well as to the institutions in
institutions of the Member States and of Albania shall lend
charge of the implementation of this Decision.

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EN
13.12.2012 Official
Journal
of
the
European
Union
L
340/5
2. Where a recipient or a claimant of benefits, or a member
5. As
an
exception
to
the
principle
of
free-of-charge
mutual
of that person’s family, stays or resides within the territory of a
administrative assistance set out in Article 5(2) of this Decision,
Member State when the debtor institution is located in Albania,
the effective amount of the expenses of the checks referred to in
or stays or resides within the territory of Albania when the
paragraphs 2 and 3 of this Article shall be refunded to the
debtor institution is located in a Member State, the medical
institution which was requested to carry them out by the
examination shall be carried out, at the request of the debtor
debtor institution which requested them.
institution, by the institution of the beneficiary’s place of stay or
residence, in accordance with the procedures laid down by the
legislation applied by that institution.
Article 7
Application of Article 126 of the Agreement
The debtor institution shall inform the institution of the place
Article 126 of the Agreement shall apply in case either Party
of stay or residence of any special requirements, if necessary, to
considers that the other Party has not complied with the
be followed and points to be covered by the medical examin
obligations laid down in Articles 5 and 6.
ation.
Article 8
The institution of the place of stay or residence shall forward a
report to the debtor institution that requested the medical
Special provisions for the application of the legislation of
examination.
Albania
The Stabilisation and Association Council may, if necessary, lay
down special provisions for the application of the legislation of
Albania in Annex II to 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 9
the beneficiary may be asked to return to the State of the debtor
institution only where he or she is able to make the journey
Administrative procedures contained in existing bilateral
without prejudice to his or her health and where the cost of
agreements
travel and accommodation is paid for by the debtor institution.
Administrative procedures contained in existing bilateral
agreements between a Member State and Albania may
continue to apply provided that those procedures do not
adversely affect the rights or obligations of the persons
3. Where a recipient or a claimant of benefits, or a member
concerned, as set out in this Decision.
of that person’s family, stays or resides in the territory of a
Member State when the debtor institution is located in
Albania, or stays or resides in Albania when the debtor insti
tution is located in a Member State, the administrative check
Article 10
shall, at the request of the debtor institution, be performed by
the institution of the beneficiary’s place of stay or residence.
Agreements supplementing the administrative procedures
for implementing this Decision
One or more Member States and Albania may conclude
agreements designed to supplement the administrative
The institution of the place of stay or residence shall forward a
procedures for implementing this Decision, especially with
report to the debtor institution that requested the administrative
regard to preventing and combating fraud and error.
check.
PART IV
The debtor institution shall reserve the right to have the
TRANSITIONAL AND FINAL PROVISIONS
situation of the beneficiary examined by a professional of its
choice. However, the beneficiary may be asked to return to the
Article 11
State of the debtor institution only where he or she is able to
make the journey without prejudice to his or her health and
Transitional provisions
where the cost of travel and accommodation is paid for by the
1. No
rights
shall
be
acquired
pursuant
to
this
Decision
for
debtor institution.
the period before its date of entry into force.
4. One
or
more
Member
States
and
Albania
may
agree
on
2. Subject
to
paragraph
1,
a
right
shall
be
acquired
under
other administrative provisions, subject to their informing the
this Decision even if it relates to a contingency arising before its
Stabilisation and Association Council thereof.
date of entry into force.

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L 340/6
EN
Official Journal of the European Union
13.12.2012
3. Any benefit which has not been awarded or which has
Article 12
been suspended by reason of the nationality or place of
residence of the person concerned shall, at the request of that
Annexes to this Decision
person, be provided or resumed with effect from the date of
1. The
Annexes
to
this
Decision
constitute
an
integral
part
entry into force of this Decision, provided that the rights for
thereof.
which benefits were previously provided have not given rise to
a lump-sum payment.
2. At the request of Albania or of the European Union, the
Annexes may be amended by a decision of the Stabilisation and
Association Council.
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,
Article 13
the rights acquired in accordance with this Decision shall have
effect from that date, and the legislation of any Member State or
Entry into force
Albania concerning the forfeiture or limitation of rights may
This Decision shall enter into force on the day following that of
not be invoked against the persons concerned.
its publication in the Official Journal of the European Union.
5. If
a
request,
as
referred
to
in
paragraph
3,
is
submitted
after the expiry of the two-year period referred to in paragraph
Done at …, …
4, rights not forfeited or not time-barred shall have effect from
the date on which the request was submitted, subject to any
more favourable provisions under the legislation of any Member
For the Stabilisation and Association Council
State or of Albania.
The President
ANNEX I
LIST OF ALBANIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS
ANNEX II
SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF ALBANIA

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