欧洲经济区联合委员会决定No 76/2011,修订欧洲经济区协议的附件VI (社会保障)和议定书37

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:22011D0076

OJ编号:OJ L 262, 6.10.2011, p. 33-43

中文标题:欧洲经济区联合委员会决定No 76/2011,修订欧洲经济区协议的附件VI (社会保障)和议定书37

原文标题:Decision of the EEA Joint Committee No 76/2011 of 1 July 2011 amending Annex VI (Social security) and Protocol 37 to the EEA Agreement

分类:11.40.10.10_欧洲自由贸易区(EFTA)国家

文件类型:外部关系 Decision|决定

废止日期:2058-12-31

法规全文:查看欧盟官方文件

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6.10.2011 Official
Journal
of
the
European
Union L
262/33
DECISION OF THE EEA JOINT COMMITTEE
No 76/2011
of 1 July 2011
amending Annex VI (Social security) and Protocol 37 to the EEA Agreement
THE EEA JOINT COMMITTEE,
self-employed workers temporarily working outside the
competent State ( 7 ) should be incorporated into the
Having regard to the Agreement on the European Economic
Agreement.
Area, as amended by the Protocol adjusting the Agreement
on the European Economic Area, hereinafter referred to as
(8) Decision
No
E1
of
12
June
2009
concerning
the
‘the Agreement’, and in particular Articles 98 and 101 thereof,
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
Whereas:
European Parliament and of the Council ( 8 ) should be
incorporated into the Agreement.
(1) Annex
VI
to
the
Agreement
was
amended
by
Decision
of
the EEA Joint Committee No 82/2009 of 3 July 2009 ( 1 ).
(9) Decision
No
F1
of
12
June
2009
concerning
the
inter
pretation of Article 68 of Regulation (EC) No 883/2004
(2) Protocol
37
to
the
Agreement
was
amended
by
Decision
of the European Parliament and of the Council relating to
of the EEA Joint Committee No 92/2010 of 2 July
priority rules in the event of overlapping of family
2010 ( 2 ).
benefits ( 9 ) should be incorporated into the Agreement.
(3) Regulation
(EC)
No
883/2004
of
the
European (10) Decision No H1 of 12 June 2009 concerning the
Parliament and of the Council of 29 April 2004 on
framework for the transition from Council Regulations
the coordination of social security systems
(
(EEC) No 1408/71 and (EEC) No 574/72 to Regulations

3 ), as
corrected by OJ L 200, 7.6.2004, p. 1 and OJ L 204,
(EC) No 883/2004 and (EC) No 987/2009 of the
4.8.2007, p. 30, should be incorporated into the
European Parliament and of the Council and the appli
Agreement.
cation of Decisions and Recommendations of the Admin
istrative Commission for the coordination of social
security systems ( 10 ) should be incorporated into the
(4) Regulation
(EC)
No
988/2009
of
the
European
Agreement.
Parliament and of the Council of 16 September 2009
amending Regulation (EC) No 883/2004 on the coor
dination of social security systems, and determining the
(11) Decision No H2 of 12 June 2009 concerning the
content of its Annexes (
methods of operation and the composition of the

4 ) should be incorporated into
the Agreement.
Technical Commission for data processing of the Admin
istrative Commission for the coordination of social
security systems ( 11 ) should be incorporated into the
(5) Regulation
(EC)
No
987/2009
of
the
European
Agreement.
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
(12) Decision
No
P1
of
12
June
2009
on
the
interpretation
of
systems (
Articles 50(4), 58 and 87(5) of Regulation (EC) No

5 ) should be incorporated into the Agreement.
883/2004 of the European Parliament and of the
Council for the award of invalidity, old-age and survivor’s
(6) Decision
No
A1
of
12
June
2009
concerning
the
estab
benefits ( 12 ) should be incorporated into the Agreement.
lishment of a dialogue and conciliation procedure
concerning the validity of documents, the determination
(13) Decision No S1 of 12 June 2009 concerning the
of the applicable legislation and the provision of benefits
European Health Insurance Card (
under Council Regulation (EC) No 883/2004 of the

13 ) should be incor
porated into the Agreement.
European Parliament and of the Council ( 6 ) should be
incorporated into the Agreement.
(14) Decision No S2 of 12 June 2009 concerning the
technical specifications of the European Health
(7) Decision
No
A2
of
12
June
2009
concerning
the
inter
Insurance Card ( 14 ) should be incorporated into the
pretation of Article 12 of Regulation (EC) No 883/2004
Agreement.
of the European Parliament and of the Council on the
legislation applicable to posted workers and
( 7 ) OJ C 106, 24.4.2010, p. 5.
( 8 ) OJ C 106, 24.4.2010, p. 9.
( 1 ) OJ L 277, 22.10.2009, p. 34.
( 9 ) OJ C 106, 24.4.2010, p. 11.
( 2 ) OJ L 277, 21.10.2010, p. 46.
( 10 ) OJ C 106, 24.4.2010, p. 13.
( 3 ) OJ L 166, 30.4.2004, p. 1.
( 11 ) OJ C 106, 24.4.2010, p. 17.
( 4 ) OJ L 284, 30.10.2009, p. 43.
( 12 ) OJ C 106, 24.4.2010, p. 21.
( 5 ) OJ L 284, 30.10.2009, p. 1.
( 13 ) OJ C 106, 24.4.2010, p. 23.
( 6 ) OJ C 106, 24.4.2010, p. 1.
( 14 ) OJ C 106, 24.4.2010, p. 26.

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(15) Decision
No
S3
of
12
June
2009
defining
the
benefits
Commission for the coordination of social security
covered by Articles 19(1) and 27(1) of Regulation (EC)
systems set up by Regulation (EC) No 883/2004 and
No 883/2004 of the European Parliament and of the
Annex VI should be amended in order to specify the
Council and Article 25(A)(3) of Regulation (EC) No
procedures for association with that Commission and
987/2009 of the European Parliament and of the
the bodies attached to it.
Council ( 1 ) should be incorporated into the Agreement.
(23) Regulation
(EC)
No
883/2004
repeals
Council
Regulation
(16) Decision No U1 of 12 June 2009 concerning
(EEC) No 1408/71 (
Article 54(3) of Regulation (EC) No 987/2009 of the

8 ), which is incorporated into the
Agreement and which should consequently be repealed
European Parliament and of the Council relating to
under the Agreement.
increases in unemployment benefit for dependent
members of the family ( 2 ) should be incorporated into
the Agreement.
(24) Regulation
(EC)
No
987/2009
repeals,
with
effect
from
1 May 2010, Council Regulation (EEC) No 574/72 ( 9 ),
(17) Decision
No
U2
of
12
June
2009
concerning
the
scope
which is incorporated into the Agreement and which
of Article 65(2) of Regulation (EC) No 883/2004 of the
should consequently be repealed under the Agreement.
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
(25) All acts under the headings ‘Acts of which the
territory of a Member State other than the competent
Contracting Parties shall take due account’ and ‘Acts of
Member State during their last period of employment
which the Contracting Parties shall take note’ are obsolete
or self-employment ( 3 ) should be incorporated into the
and should consequently be repealed under the
Agreement.
Agreement,
(18) Decision
No
U3
of
12
June
2009
concerning
the
scope
HAS ADOPTED THIS DECISION:
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
Article 1
Parliament and of the Council ( 4 ) should be incorporated
into the Agreement.
Annex VI to the Agreement shall be amended as specified in the
Annex to this Decision.
(19) Recommendation
No
P1
of
12
June
2009
concerning
the
Gottardo judgment, according to which the advantages
Article 2
enjoyed by a State’s own nationals under a bilateral
convention on social security with a non-member
The text of point 5 (Administrative Commission on Social
country must also be granted to workers who are
Security for Migrant Workers) of Protocol 37 (containing the
nationals of other Member States ( 5 ) should be incor
list provided for in Article 101) to the Agreement shall be
porated into the Agreement.
replaced by the following:
(20) Recommendation
No
U1
of
12
June
2009
concerning
‘Administrative Commission for the coordination of social
the legislation applicable to unemployed persons
security systems (Regulation (EC) No 883/2004 of the
engaging in part-time professional or trade activity in a
European Parliament and of the Council).’.
Member State other than the State of residence ( 6 ) should
be incorporated into the Agreement.
Article 3
(21) Recommendation
No
U2
of
12
June
2009
concerning
The texts of Regulations (EC) No 883/2004, as corrected by OJ
the application of Article 64(1)(a) of Regulation (EC) No
L 200, 7.6.2004, p. 1 and OJ L 204, 4.8.2007, p. 30, (EC) No
883/2004 of the European Parliament and of the Council
987/2009 and (EC) No 988/2009, of Decisions Nos A1, A2,
to unemployed persons accompanying their spouses or
E1, F1, H1, H2, P1, S1, S2, S3, U1, U2 and U3, and of Recom
partners pursuing a professional or trade activity in a
mendations No P1, U1 and U2 in the Icelandic and Norwegian
Member State other than the competent State ( 7 ) should
languages, to be published in the EEA Supplement to the Official
be incorporated into the Agreement.
Journal of the European Union, shall be authentic.
(22) For
the
Agreement
to
function
well,
Protocol
37
thereto
should be amended to include the Administrative
Article 4
This Decision shall enter into force on the day following the last
( 1 ) OJ C 106, 24.4.2010, p. 40.
notification to the EEA Joint Committee pursuant to
( 2 ) OJ C 106, 24.4.2010, p. 42.
Article 103(1) of the Agreement (*).
( 3 ) OJ C 106, 24.4.2010, p. 43.
( 4 ) OJ C 106, 24.4.2010, p. 45.
( 5 ) OJ C 106, 24.4.2010, p. 47.
( 8 ) OJ L 149, 5.7.1971, p. 2.
( 6 ) OJ C 106, 24.4.2010, p. 49.
( 9 ) OJ L 74, 27.3.1972, p. 1.
( 7 ) OJ C 106, 24.4.2010, p. 51.
(*) Constitutional requirements indicated.

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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, 1 July 2011.
For the EEA Joint Committee
The President
Kurt JGER

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ANNEX
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).
The provisions of Regulation (EC) No 883/2004 shall, for the purposes of this Agreement, be adapted as follows:
(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.”;

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(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 (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”;

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(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 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.”;

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(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 3 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.
LIECHTENSTEIN
1. Compulsory insurance under Liechtenstein sickness insurance scheme for benefits in kind (Krankenpfleg
eversicherung) 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 Articles 24, 25 and
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
(i) must be submitted within 3 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;
(ii) shall apply to all family members residing in the same State.
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 Liech
tenstein.

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3. For the purposes of applying Articles 18, 19, 20 and 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 1 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 3 years, subject to the age
limits prescribed by Norwegian legislation.
(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 Regulation (EC) No 987/2009 shall, for the purposes of this Agreement, be adapted as follows:
(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 — LUXEMBOURG
Arrangement of 30 November 2001 on the reimbursement of costs in the field of social security.

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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).
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 Regu
lations (EEC) Nos 1408/71 and 574/72.
NORWAY — PORTUGAL
Arrangement of 24 November 2000 pursuant to 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 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
Regulation (EEC) No 1408/71 (reimbursement or waiving of reimbursement of the costs of benefits in
kind), and Article 105 of Regulation (EEC) No 574/72 (waiving of the costs of administrative checks and
medical examinations).”;

L 262/42
EN
Official Journal of the European Union
6.10.2011
(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 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 Recommen
dations 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 (EC) 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 Decision No S2 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).

EN
6.10.2011 Official
Journal
of
the
European
Union L
262/43
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 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).’

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