Legal provisions of COM(2005)93 - Community Position regarding draft Decision of the Joint Committee established under the Agreement with Switzerland on the Free Movement of Persons - Main contents
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| dossier | COM(2005)93 - Community Position regarding draft Decision of the Joint Committee established under the Agreement with Switzerland on the ... |
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| document | COM(2005)93  |
| date | March 17, 2005 |
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52005PC0093
Proposal for a Council Decision on a Community Position regarding draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons /* COM/2005/0093 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 17.3.2005
COM(2005) 93 final
Proposal for a
COUNCIL DECISION
on a Community Position regarding draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons
(presented by the Commission)
EXPLANATORY MEMORANDUM
On 1 June 2002 the Agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other, on the Free Movement of Persons entered into force. Annex II of this Agreement provides for the coordination of social security schemes.
According to Article 14 and 18 of the Agreement, the EU-Swiss Joint Committee on the Free Movement of Persons may adopt amendments to Annex II of the Agreement by decision of the Joint Committee. Article 2 of the Decision (2002/309/EC, Euratom) of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation provides that the Council, on a proposal from the Commission, lays down the position to be taken by the Community as regards such decisions of the Joint Committee.
To ensure a coherent and correct application of Community legislation and to avoid administrative and possibly legal difficulties Annex II of the Agreement should refer to all the relevant Community legislation and the Decisions of the Administrative Commission. Therefore, Annex II of the Agreement needs to be updated to also refer to those amending Regulations of Regulations (EEC) No 1408/71 and (EEC) No 574/72 which have entered into force since Annex II of the Agreement was last amended by Decision 2/2003 of the Joint Committee. It also needs to refer to the decisions of the Administrative Commission which have been adopted in the meantime, including the three decisions which introduce the European Health Insurance Card. Furthermore, Annex II to the Agreement needs to be completed and updated to reflect changes at national level.
The Council is therefore invited to approve the Community position on the adoption of the draft Decision No …/… of the EU-Swiss Joint Committee on the Free Movement of Persons, regarding the Joint Committee's Decision on amending Annex II to the Agreement following the entry into force of the Agreement.
The amendments to be made to Annex II of the Agreement are the following:
The amending Regulation No 631/2004 which entered into force on 1 June 2004, thus after the last amendment of the Agreement by Decision 2/2003 of the Joint Committee, aligns the rights and simplifies the procedures in respect of sickness or maternity benefits in kind.
Adaptations of Annex VI of Regulation 1408/71 concern in particular the possibility to demand exemption from compulsory Swiss sickness insurance coverage, a possibility which does not exist under Regulation 1408/71:
The Portuguese government wishes to offer to pensioners who receive a Swiss pension and who reside in Portugal the individual right to demand exemption from compulsory Swiss sickness insurance and be covered by the Portuguese National Health Service instead.
The French government has expressed the wish that a person who resides in France and who is insured under the Swiss sickness insurance scheme despite the possibility to ask for exemption and have alternative coverage by the French sickness insurance scheme shall not only have access to health care in France but also in Switzerland.
An entry needs to be made to Annex VIII of Regulation 1408/71 for Switzerland, indicating that Switzerland does not have a scheme which provides only for family allowances or supplementary or special allowances for orphans.
The competent German institution and liaison body regarding pension insurance for manual workers in relation to Switzerland needs to be named in Annex 2 of Regulation 574/72.
Legal effects of amendments
According to Article 18 of the Agreement, decisions of the Joint Committee on Annex II may enter into force immediately after the decision.
In the interest of the persons covered by the Agreement, the reference to amending Regulation 631/2004 shall have effect as of the date of entry into force of this Regulation on 1 June 2004. Overall, the application of common and homogeneous provisions and an effective and coherent coordination for the complicated and technical nature of the coordination of social security schemes is essential. As Regulation 631/2004 facilitates the introduction of the European Health Insurance Card by aligning the rights and simplifying procedures for access to medical care, applying it as of the date of its entry into force avoids parallel application of different coordinating provisions. This would not only increase administrative burdens and delay decisions but also be to the detriment of persons concerned as different procedures and rights to medical care would apply in relation to Switzerland.
The amending provisions extending the right to demand exemption from compulsory Swiss sickness insurance to pensioners residing in Portugal shall be effective as of 1 June 2004 as they are in the interest of the persons concerned and have already been applied on the basis of a mutual agreement between Switzerland and Portugal since that date. Equally, the request of the French government is in the interest of the persons concerned and has been applied since1 January 2004 so this amendment should be effective as of this date.
The Council is requested to approve the attached draft decision for adoption by the EU-Swiss Joint Committee on Free Movement of Persons.
Proposal for a
COUNCIL DECISION
on a Community Position regarding draft Decision of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Decision 2002/309/EC, Euratom of the Council and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation, and in particular Article 2 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons (hereinafter referred to as 'the Agreement') entered into force on 1 June 2002.
(2) Articles 14 and 18 of the Agreement provide that the EU-Swiss Joint Committee on Free Movement of Persons may, by decision, adopt amendments to Annex II to the Agreement, dealing with coordination of social security schemes.
(3) In order to preserve a coherent and correct application of Community legislation and to avoid administrative and possibly legal difficulties, Annex II to the Agreement needs to be amended to integrate the Community legislation which has entered into force since the last adaptation of Annex II by Decision No 2/2003 of 15 July 2003 of the EU-Swiss Joint Committee on the Free Movement of Persons, and to which the Agreement does not currently refer.
(4) In view of changes at national level, Annex II to the Agreement needs to be completed and updated.
(5) Annex II of the Agreement needs to be amended by the integration of the Decisions of the Administrative Commission on Social Security of Migrant Workers which have been adopted since the last adaptation of the EU-Swiss Agreement by DecisionNo 2/2003 of 15 July 2003 of the EU-Swiss Joint Committee on the Free Movement of Persons and to which the Agreement does not currently refer.
(6) The Community should now adopt its position for a decision of the Joint Committee,
HAS DECIDED AS FOLLOWS:
Sole Article
The Position of the European Community in the Joint Committee created by Article 14 of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons shall be based on the draft decision of the Joint Committee set out in the Annex to this Decision.