Proposal for a Council Decision on the position to be taken by the European Union in 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 as regards the amendment of Annex II to that Agreement on the coordination of social security schemes

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 (‘the Agreement’) entered into force. Annex II to this Agreement provides for the coordination of social security schemes.

Under Article 18 of the Agreement, the Joint Committee on the free movement of persons may amend Annex II to the Agreement. Article 2 of Decision 2002/309/EC provides that the Council, following a proposal from the Commission, will lay down the position to be taken by the Union on decisions by the Joint Committee.

To ensure the consistent and correct application of EU legislation, and to avoid administrative and possible legal difficulties, Annex II to the Agreement needs to refer to all relevant EU legislation and decisions of the Administrative Commission for the Coordination of Social Security Systems. Annex II to the Agreement was therefore replaced by Decision No 1/2012 of the Joint Committee of 31 March 2012. This Decision created a modernised system to coordinate social security schemes, which had become applicable within the EU on 1 May 2010, under Regulation (EC) No 883/2004 (as amended by Regulation (EC) No 988/2009), implementing Regulation No 987/2009 and the decisions and recommendations of the Administrative Commission. These three Regulations were also applicable to Switzerland.

Annex II to the Agreement now needs to be amended to take account of the EU legislation that has come into force since then, in particular amendments made by Commission Regulation (EU) No 1244/2010 of 9 December 2010, Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 and Commission Regulation (EU) No 1224/2012 of 18 December 2012 to Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009.

To that end, the Commission presents this proposal for a Council Decision on the position that the Union should take in the Joint Committee established by the Agreement. Following the Court of Justice ruling of 27 February 2014 in case C-656/11 concerning the legal basis for taking decisions, this proposal for a new Council Decision is based on Article 48 of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(9) of the same Treaty. This proposal takes into account the text of the draft Joint Committee decision, agreed at service level with the Swiss authorities on 14 March 2013, and supports the consistent application of EU legislation on the coordination of social security systems between the EU and Switzerland.

Annex II to this Agreement should also be amended to take account of the the Swiss Federal Supplementary Benefits Act of 6 October 2006. This legal act replaced the one from 19 March 1965. The reason for the new law was the general revision of the tasks distribution between the Federal State and the Cantons and their financing. Neither the benefits nor the entitlement conditions were modified by it. The characteristics and purpose of the benefits remain exactly the same.

• Primary Source

EUR-Lex: COM(2014)611: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2014:611:FIN

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