Considerations on COM(2021)364 - EU position in the Specialised Committee on Social Security Coordination established by the Trade and Cooperation Agreement with the United Kingdom as regards the adoption of a decision to amend the Annexes to the Protocol on Social Security Coordination

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dossier COM(2021)364 - EU position in the Specialised Committee on Social Security Coordination established by the Trade and Cooperation Agreement ...
document COM(2021)364 EN
date September 21, 2021
 
table>(1)The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part ('the Trade and Cooperation Agreement') was concluded by the Union by means of Council Decision (EU) 2021/689 (1) and entered into force on 1 May 2021, having been provisionally applied since 1 January 2021.
(2)Pursuant to Article 778(1) of the Trade and Cooperation Agreement, the Protocols and Annexes to that Agreement form an integral part thereof. Pursuant to Article 783(3) of the Trade and Cooperation Agreement, as from the date from which the Agreement is provisionally applied, references to the date of its entry into force are to be understood as references to the date from which it is provisionally applied.

(3)Article 8(4), point (c), of the Trade and Cooperation Agreement empowers the Specialised Committee on Social Security Coordination to adopt decisions, including amendments, and recommendations in respect of all matters where the Trade and Cooperation Agreement so provides. Pursuant to Article SSC.68 of the Protocol on Social Security Coordination, the Specialised Committee on Social Security Coordination is able to amend the Annexes and Appendices to that Protocol. Pursuant to Article 10 of the Trade and Cooperation Agreement, the decisions adopted by a Committee are binding on the Parties.

(4)Annexes SSC-1, SSC-3, SSC-4, SSC-5 and SSC-6 to the Protocol on Social Security Coordination, insofar as they reflect the national legislation of the Member States and the United Kingdom, should be amended, in particular to take into account recent changes to national legislation. The title of Annex SSC-1 should be corrected so as not to refer only to benefits in cash. Appendix SSCI-1 to Annex SSC-7 should be amended to reflect the decision of one of the Parties to an arrangement listed therein.

(5)Article SSC.11(6) of the Protocol on Social Security Coordination requires the Parties to publish an updated Annex SSC-8 as soon as possible after a period of one month from the entry into force of the Trade and Cooperation Agreement. The Specialised Committee on Social Security Coordination should adopt a decision to comply with that obligation.

(6)It is therefore appropriate to establish the position to be adopted on the Union's behalf in the Specialised Committee on Social Security Coordination regarding the amendment of Annexes SSC-1, SSC-3, SSC-4, SSC-5, SSC-6 and SSC-8 as well as Appendix SSCI-1 to Annex SSC-7 to the Protocol on Social Security Coordination,