Legal provisions of COM(2003)55 - 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(2003)55 - Community position regarding draft Decision of the Joint Committee established under the Agreement with Switzerland on the ... |
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| document | COM(2003)55  |
| date | April 8, 2003 |
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22003D0554
2003/554/EC: Decision No 2/2003 of the EU-Swiss Joint Committee of 15 July 2003 amending Annex II (Social Security) to 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
Official Journal L 187 , 26/07/2003 P. 0055 - 0060
Decision No 2/2003 of the EU-Swiss Joint Committee
of 15 July 2003
amending Annex II (Social Security) to 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
(2003/554/EC)
THE JOINT COMMITTEE,
Having regard to 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, and in particular Articles 14 and 18 thereof,
Whereas:
(1) 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 (hereinafter referred to as 'the Agreement') was signed on 21 June 1999 and entered into force on 1 June 2002.
(2) Annex II to the Agreement refers in particular to Council Regulations (EEC) No 1408/71(1) and (EEC) No 574/72(2), as updated by Regulation (EC) No 118/97(3) as well as to subsequent amending Regulations, including Regulation (EC) No 307/1999(4).
(3) Regulations (EEC) No 1408/71 and (EEC) No 574/72 have, since the date of signature of the Agreement, been amended on a number of occasions. Consequently, it is now necessary to incorporate the relevant amending acts, namely Regulation (EC) No 1399/1999(5), Commission Regulation (EC) No 89/2001(6), Regulation (EC) No 1386/2001 and (EC) No 410/2002, into the Agreement, and specifically into Annex II thereto.
(4) The allowances established under Swiss law for helpless persons should be provided for in the text of Annex IIa to Regulation (EEC) No 1408/71 according to the Protocol to Annex II to the Agreement as the acts relating to these benefits have been amended stipulating that these benefits shall be financed exclusively by public authorities.
(5) The conditions and effects of the option to request exemption from compulsory Swiss sickness insurance need to be further clarified, particularly as regards the time limits for submitting a request for exemption, its effects for family members residing in the same Member State, as regards the distribution of costs for sickness benefits in kind between the Swiss accident insurance and a Member State's sickness insurance for non-work related accidents, and as regards entitlement to sickness benefits in kind during a stay in Switzerland.
(6) As a result of a change to the Swiss invalidity insurance scheme, the current provisions in Annex II concerning the granting of an invalidity pension and entitlement to rehabilitation measures should be amended.
(7) Following modifications at national Swiss level of the responsibilities or designations, amendments should be made to the references to the ministries and institutions concerned.
(8) The complicated and technical nature of the coordination of social security schemes requires effective and coherent coordination, through the application of common and homogeneous provisions within the territory of the Contracting parties.
(9) It is in the interests of the persons covered by the Agreement to resolve, or at least limit in time, any negative effects arising from the application of different coordination rules by the Contracting Parties.
(10) Amendments to Annex II should therefore take effect on the date of entry into force of the Agreement, except for the ending or limiting of the possibility of exemption from Swiss compulsory insurance for persons residing in Portugal and Finland, which should take effect as from 1 June 2003,
HAS DECIDED AS FOLLOWS:
Article 1
Article 2
It shall apply from 1 June 2002, except for the amendment to Point 3(b) of Annex II to the Agreement, ending or limiting the possibility of exemption from Swiss compulsory insurance for persons residing in Portugal and Finland, which shall take effect on 1 June 2003.
Equally, from this latter date, the effects of the exemptions from Swiss compulsory insurance that may have been granted to persons residing in Portugal shall cease.