Explanatory Memorandum to SEC(2010)1013 - EU position concerning an amendment to Annex VI (Social Security) and Protocol 37 to the EEA Agreement

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1. In order to ensure the requisite legal security and homogeneity of the Internal Market, the EEA Joint Committee is to integrate all the relevant Community legislation into the EEA Agreement as soon as possible after its adoption.

2. The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex VI (social security) by adding new Community acquis in this field: This concerns Regulation 883/2004/EC of the European Parliament and of the Council of 29 April 2004, Regulation 988/2009 of the European Parliament and of the Council of 16 September 2009 and Regulation 987/2009/EC of the European Parliament and Council of 16 September 2009 on the coordination of social security systems.

3. In addition, the draft Decision contains provisions to include a number of decisions and recommendations of the Administrative Commission.

4. The draft decision also contains provisions to amend Protocol 37 to include in its list of Committees the Administrative Commission for the coordination of social security systems (Regulation (EC) No 883/2004 of the European Parliament and Council).

5. Article 1 i of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

6. The Commission submits the draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The Commission would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.