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13.12.2012 Official
Journal
of
the
European
Union L
340/13
COUNCIL DECISION
of 6 December 2012
on the position to be taken by the European Union within the Cooperation Committee set up by
the Agreement on Cooperation and Customs Union between the European Community and its
Member States, of the one part, and the Republic of San Marino, of the other part, with regard to
the adoption of provisions on the coordination of social security systems
(2012/775/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4)
It is appropriate to establish the position to be taken on
the Union’s behalf in the Cooperation Committee, with
Having regard to the Treaty on the Functioning of the European
regard to the adoption of provisions on the coordination
Union, and in particular Article 79(2)(b), in conjunction with
of social security systems.
Article 218(9) thereof,
(5) The position of the Union within the Cooperation
Committee should therefore be based on the attached
Having regard to the proposal from the European Commission,
draft decision,
Whereas:
HAS ADOPTED THIS DECISION:
(1) Article
22
of
the
Agreement
on
Cooperation
and
Article 1
Customs Union between the European Community and
The position to be taken by the European Union within the
its Member States, of the one part, and the Republic of
Cooperation Committee set up by the Agreement on
San Marino, of the other part ( 1 ) (the ‘Agreement’),
Cooperation and Customs Union between the European
provides that the Cooperation Committee is to adopt
Community and its Member States, of the one part, and the
provisions to implement the principles on the coor
Republic of San Marino, of the other part, with regard to the
dination of social security systems as set out in Article 21
adoption of provisions on the coordination of social security
of the Agreement.
systems, shall be based on the draft decision of the Cooperation
Committee attached to this Decision.
(2)
In accordance with Articles 1 and 2 of Protocol No 21
on the position of the United Kingdom and Ireland in
Minor changes to that draft decision may be agreed to by the
respect of the Area of Freedom, Security and Justice,
representatives of the Union in the Cooperation Committee
annexed to the Treaty on European Union and to the
without the need to adopt a further Council decision.
Treaty on the Functioning of the European Union, and
without prejudice to Article 4 of that Protocol, those
Article 2
Member States are not taking part in the adoption of
this Decision and are not bound by it or subject to its
This Decision shall enter into force on the date of its adoption.
application.
(3)
In accordance with Articles 1 and 2 of Protocol No 22
Done at Brussels, 6 December 2012.
on the position of Denmark, annexed to the Treaty on
European Union and to the Treaty on the Functioning of
For the Council
the European Union, Denmark is not taking part in the
adoption of this Decision and is not bound by it or
The President
subject to its application.
S. CHARALAMBOUS
( 1 ) OJ L 84, 28.3.2002, p. 43.

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L 340/14
EN
Official Journal of the European Union
13.12.2012
DRAFT
DECISION No …/… OF THE EU-SAN MARINO COOPERATION COMMITTEE
of …
with regard to the adoption of provisions on the coordination of social security systems
THE COOPERATION COMMITTEE,
(EC) No 883/2004 on the coordination of social security
systems ( 4 ) to nationals of third countries who are not
already covered by those provisions solely on the
Having regard to the Agreement on Cooperation and Customs
grounds of their nationality. Regulation (EU) No
Union between the European Community and its Member
1231/2010 already covers the principle of aggregation
States, of the one part, and the Republic of San Marino, of
of insurance periods acquired by workers of San
the other part ( 1 ), and in particular Article 22 thereof,
Marino nationality in the various Member States
regarding entitlement to certain benefits, as set out in
Whereas:
Article 21(2) of the Agreement.
(1) Article
21
of
the
Agreement
on
Cooperation
and (6)
It may be necessary to lay down special provisions which
Customs Union between the European Community and
correspond to the specific characteristics of the legislation
its Member States, of the one part, and the Republic of
of San Marino in order to facilitate the application of the
San Marino, of the other part (the ‘Agreement’) lays
coordination rules.
down the principles for the coordination of the social
security systems of San Marino and the Member States.
(7)
In order to ensure the smooth functioning of the coor
dination of the social security systems of the Member
(2) Article
22
of
the
Agreement
provides
that
the
States and of San Marino, it is necessary to provide for
Cooperation Committee is to adopt provisions to
specific provisions regarding cooperation between the
implement those principles.
Member States and San Marino, as well as between the
person concerned and the institution of the competent
State.
(3) With
regard
to
the
application
of
the
non-discrimination
principle, this Decision should not give any additional
rights arising from certain facts or events occurring on
(8) Transitional
provisions
should
be
adopted
in
order
to
the territory of the other Contracting Party, where such
protect the persons covered by this Decision and to
facts or events are not taken into account under the
ensure that they do not lose any rights as a result of
legislation of the first Contracting Party, other than the
its entry into force,
right to export certain benefits.
HAS ADOPTED THIS DECISION:
(4) In
applying
this
Decision,
the
right
of
San
Marino
workers to family benefits should be subject to the
condition that their family members legally reside with
PART I
them in the Member State where they are employed.
GENERAL PROVISIONS
Where their family members legally reside in another
Member State, Regulation (EU) No 1231/2010 of the
Article 1
European Parliament and of the Council of 24 November
Definitions
2010 extending Regulation (EC) No 883/2004 and Regu
lation (EC) No 987/2009 to nationals of third countries
1. For
the
purposes
of
this
Decision:
who are not already covered by these Regulations solely
on the ground of their nationality ( 2 ) applies. This
Decision should not give any entitlement to family
(a) ‘Agreement’ means the Agreement on Cooperation and
benefits with respect to the family members of a
Customs Union between the European Community and its
worker who reside in a country other than a Member
Member States, of the one part, and the Republic of San
State, for instance San Marino.
Marino, of the other part;

(b) ‘Regulation’ means Regulation (EC) No 883/2004, as
(5) Regulation
(EU)
No
1231/2010
extends
the
application
of the provisions of Regulation (EC) No 883/2004 of the
applicable in the Member States of the European Union;
European Parliament and of the Council of 29 April
2004 on the coordination of social security systems ( 3 )
(c) ‘implementing Regulation’ means Regulation (EC) No
and of Regulation (EC) No 987/2009 of the European
987/2009;
Parliament and of the Council of 16 September 2009
laying down the procedure for implementing Regulation
(d) ‘Member State’ means a Member State of the European
Union;
( 1 ) OJ L 84, 28.3.2002, p. 43.
( 2 ) OJ L 344, 29.12.2010, p. 1.
( 3 ) OJ L 166, 30.4.2004, 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
340/15
(e) ‘worker’ 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
person pursuing an activity as an employed person
(b) in relation to San Marino, in the relevant legislation as
within the meaning of Article 1(a) of the Regulation;
applicable in San Marino.
(ii) for the purposes of the legislation of San Marino, a
person pursuing an activity as an employed person
Article 2
within the meaning of that legislation;
Persons covered
(f) ‘member of the family’ means:
This Decision shall apply to:
(i) for the purposes of the legislation of a Member State, a
(a) workers who are nationals of San Marino and who are, or
member of the family within the meaning of Article 1(i)
have been, legally employed in the territory of a Member
of the Regulation;
State and who are, or have been, subject to the legislation of
one or more Member States, and their survivors;
(ii) for the purposes of the legislation of San Marino, a
member of the family within the meaning of that legis
lation;
(b) the members of the family of workers referred to in point
(a) provided that those family members are, or have been,
(g) ‘legislation’ means:
legally resident with the worker concerned while the worker
is employed in a Member State;
(i) in relation to the Member States, legislation, within the
meaning of Article 1(l) of the Regulation, as applicable
(c) workers who are nationals of a Member State who are, or
to the benefits covered by this Decision;
have been, legally employed in the territory of San Marino
and who are, or have been, subject to the legislation of San
(ii) in relation to San Marino, the legislation, as applicable
Marino, and their survivors; and
in San Marino, relating to the benefits covered by this
Decision;
(d) the members of the family of workers referred to in point
(c) provided that those family members are, or have been,
(h) ‘benefits’ means:
legally resident with the worker concerned while the worker
is employed in San Marino.
(i) in relation to the Member States, benefits within the
meaning of Article 3 of the Regulation;
Article 3
(ii) in relation to San Marino, the corresponding benefits
Equality of Treatment
applying within San Marino;
1. Workers
who
are
nationals
of
San
Marino
and
are
legally
(i) ‘exportable benefits’ means:
employed in a Member State and any members of their family
legally residing with them shall enjoy, with regard to benefits
(i) in relation to the Member States:
within the meaning 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.
— old-age pensions,
— survivors’ pensions,
2. Workers
who
are
nationals
of
a
Member
State
and
are
legally employed in San Marino and any members of their
— pensions in respect of accidents at work and occu
family legally residing with them shall enjoy, with regard to
pational diseases,
benefits within the meaning of Article 1(1)(h), treatment free
from any discrimination based on nationality relative to
— invalidity pensions relating to accidents at work and
nationals of San Marino.
occupational diseases,
PART II
within the meaning of the Regulation, with the
exception of special non-contributory cash benefits as
RELATIONS BETWEEN THE MEMBER STATES AND SAN
listed in Annex X to the Regulation;
MARINO
Article 4
(ii) in relation to San Marino, the corresponding benefits as
provided for under the legislation of San Marino, with
Waiving of residence clauses
the exception of special non-contributory cash benefits
1. Exportable
benefits,
within
the
meaning
of
Article
1(1)(i),
as set out in Annex I to this Decision.
to which the persons referred to in Article 2(a) and (c) are
entitled, shall not be subject to any reduction, modification,
2. Other
terms
used
in
this
Decision
shall
have
the
meaning suspension, withdrawal or confiscation on the grounds that
which is assigned to them:
the beneficiary resides:

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L 340/16
EN
Official Journal of the European Union
13.12.2012
(i) for the purpose of benefits under the legislation of a
ations under national law and they shall not make it impossible
Member State, within the territory of San Marino; or
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 San
Marino, within the territory of a Member State.
7. The
Member
States
and
San
Marino
may
provide
for
national provisions that establish conditions for the verification
2. The
members
of
the
family
of
a
worker
referred
to
in of entitlement to benefits in order to take into account the fact
Article 2(b) shall be entitled to exportable benefits, within the
that the beneficiaries stay or reside outside the territory of the
meaning of Article 1(1)(i)(i), in the same way as the family
State where the debtor institution is located. Such provisions
members of a worker who is a national of the Member State
shall be proportionate, free from any discrimination based on
concerned when those family members reside within the
nationality and shall be in accordance with the principles set
territory of San Marino.
out in this Decision. Such provisions shall be notified to the
Cooperation Committee.
3. The
members
of
the
family
of
a
worker
referred
to
in
Article 2(d) shall be entitled to exportable benefits, within the
Article 6
meaning of Article 1(1)(i)(ii), in the same way as the family
members of a worker who is a national of San Marino when
Administrative checks and medical examinations
those family members reside within the territory of a Member
State.
1. This Article shall apply to the persons referred to in

Article 2, in receipt of exportable benefits, within the
meaning of Article 1(1)(i), as well as to the institutions in
PART III
charge of the implementation of this Decision.
MISCELLANEOUS PROVISIONS
Article 5
2. Where a recipient or a claimant of benefits, or a member
of that person’s family, stays or resides within the territory of a
Cooperation
Member State when the debtor institution is located in San
1. The
Member
States
and
San
Marino
shall
communicate
to Marino, or stays or resides within the territory of San Marino
each other all information regarding changes in their legislation
when the debtor institution is located in a Member State, the
which may affect the implementation of this Decision.
medical examination shall be carried out, at the request of the
debtor institution, by the institution of the beneficiary’s place of
stay or residence, in accordance with the procedures laid down
2. For the purposes of this Decision, the authorities and
by the legislation applied by that institution.
institutions of the Member States and of San Marino shall
lend one another their good offices and act as though imple
menting their own legislation. The administrative assistance
The debtor institution shall inform the institution of the place
given by those authorities and institutions shall, as a rule, be
of stay or residence of any special requirements, if necessary, to
free of charge. However, the competent authorities of the
be followed and points to be covered by the medical examin
Member States and of San Marino may agree to certain
ation.
expenses being reimbursed.
3. The
authorities
and
institutions
of
the
Member
States
and
The institution of the place of stay or residence shall forward a
of San Marino may, for the purposes of this Decision,
report to the debtor institution that requested the medical
communicate directly with one another and with the persons
examination.
involved or their representatives.
The debtor institution shall reserve the right to have the bene
4. The
institutions
and
persons
covered
by
this
Decision
shall ficiary examined by a doctor of its choice, either in the territory
have a duty of mutual information and cooperation to ensure
where the recipient or claimant of benefits stays or resides or in
the correct implementation of this Decision.
the country where the debtor institution is located. However,
the beneficiary may be asked to return to the State of the debtor
5. The
persons
covered
by
this
Decision
shall
inform
the institution only where he or she is able to make the journey
institutions of the competent Member State or of San Marino,
without prejudice to his or her health and where the cost of
where the latter is the competent State, and of the Member
travel and accommodation is paid for by the debtor institution.
State of residence or of San Marino, where the latter is the
State of residence, as soon as possible of any change in their
personal or family situation which affects their right to benefits
3. Where a recipient or a claimant of benefits, or a member
under this Decision.
of that person’s family, stays or resides in the territory of a
Member State when the debtor institution is located in San
Marino, or stays or resides in San Marino when the debtor
6. Failure
to
respect
the
obligation
of
information
set
out
in institution is located in a Member State, the administrative
paragraph 5 may result in the application of proportionate
check shall, at the request of the debtor institution, be
measures in accordance with national law. Nevertheless, those
performed by the institution of the beneficiary’s place of stay
measures shall be equivalent to those applicable to similar situ
or residence.

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EN
13.12.2012 Official
Journal
of
the
European
Union L
340/17
The institution of the place of stay or residence shall forward a
PART IV
report to the debtor institution that requested the administrative
check.
TRANSITIONAL AND FINAL PROVISIONS
Article 11
The debtor institution shall reserve the right to have the
situation of the beneficiary examined by a professional of its
Transitional provisions
choice. However, the beneficiary may be asked to return to the
1. No
rights
shall
be
acquired
pursuant
to
this
Decision
for
State of the debtor institution only where he or she is able to
the period before its date of entry into force.
make the journey without prejudice to his or her health and
where the cost of travel and accommodation is paid for by the
2. Subject
to
paragraph
1,
a
right
shall
be
acquired
under
debtor institution.
this Decision even if it relates to a contingency arising before its
date of entry into force.
4. One
or
more
Member
States
and
San
Marino
may
agree
on other administrative provisions, subject to their informing
3. Any benefit which has not been awarded or which has
the Cooperation Committee 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.
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 7
the rights acquired in accordance with this Decision shall have
effect from that date, and the legislation of any Member State or
Application of Article 24 of the Agreement
San Marino concerning the forfeiture or limitation of rights may
not be invoked against the persons concerned.
Article 24 of the Agreement shall apply in case either Party
considers that the other Party has not complied with the
5. If
a
request,
as
referred
to
in
paragraph
3,
is
submitted
obligations laid down in Articles 5 and 6.
after the expiry of the two-year period referred to in paragraph
4, rights not forfeited or not time-barred shall have effect from
Article 8
the date on which the request was submitted, subject to any
Special provisions for the application of the legislation of
more favourable provisions under the legislation of any Member
San Marino
State or of San Marino.
The Cooperation Committee may, if necessary, lay down special
Article 12
provisions for the application of the legislation of San Marino in
Annex II to this Decision.
Annexes to this Decision
1. The
Annexes
to
this
Decision
constitute
an
integral
part
Article 9
thereof.
Administrative procedures contained in existing bilateral
2. At the request of San Marino or of the European Union,
agreements
the Annexes may be amended by a decision of the Cooperation
Administrative procedures contained in existing bilateral
Committee.
agreements between a Member State and San Marino may
continue to apply provided that those procedures do not
Article 13
adversely affect the rights or obligations of the persons
Entry into force
concerned, as set out in this Decision.
This Decision shall enter into force on the day following that of
Article 10
its publication in the Official Journal of the European Union.
Agreements supplementing the administrative procedures
for implementing this Decision
Done at,
One or more Member States and San Marino may conclude
agreements designed to supplement the administrative
procedures for implementing this Decision, especially with
For the Cooperation Committee
regard to preventing and combating fraud and error.
The President

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L 340/18
EN
Official Journal of the European Union
13.12.2012
ANNEX I
LIST OF SAN MARINO SPECIAL NON-CONTRIBUTORY CASH BENEFITS
ANNEX II
SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF SAN MARINO

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Document Outline

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