Proposals for Association Council Decisions on the position to be taken by the Community within the Stabilisation and Association Council established by each of the respective agreements between the European Communities and Algeria, Morocco, Tunisia, Croatia, FYROM and Israel, with regard to the adoption of the provisions on the co-ordination of social security systems

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COUNCIL OF THE EUROPEAN UNION

NOTE

from: to:

Brussel's, 5 February 2010

LIMITE

SOC 79 MA 3 AL 3 TU 3 ISR 6 HR 5 COWEB 32

General Secretariat

The Working Party on Social Questions

No. prev. doc. : No. Cion props.:

Subject:

5989/10 SOC 60 MA 2 AL 2 TU 2 ISR 5 HR 4 COWEB 25 16599/07 (COM (2007) 789 final), 16688/07(COM(2007) 788 final), 5081/08(COM (2007) 790 final), 5083/08 (COM (2007) 792 final), 5107/08(COM (2007) 793 final), 6049/08 (C0M(2007)787final)

Proposals for Association Council Decisions on the position to be taken by the Community within the Stabilisation and Association Council established by each of the respective agreements between the European Communities and Algeria, Morocco, Tunisia, Croatia, FYROM and Israel, with regard to the adoption of the provisions on the co-ordination of social security systems

With a view to the meeting of the Social Questions Working Party on 9 February 2010, delegations will find attached the text of the draft Decision concerning the Association Agreement with Israel, as adapted by the Presidency to take account of the entry into force of the Lisbon Treaty and of Regulations (EC) No 883/2004 and No 987/2009.

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ANNEX

Draft COUNCIL DECISION

on the position to be taken by the European Union within the Association Council created

by the Euro-Mediterranean Agreement establishing an association between the European

Communities and their Member States, of the one part, and the State of Israel, of the other

part, with regard to the adoption of provisions on the co-ordination of the social security

systems

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, on the Functioning of the European Union, and in particular Article 310 217 in conjunction with Article 218 (9) 300 (2), first subparagraph, last sentence, and second subparagraph thereof,

Having regard to the proposal from the Commission1, Whereas:

(1)    Article 65 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, lays down that the Association Council shall by decision adopt the appropriate provisions to implement the objectives set out in Article 64,

(2)    Objective 2.3.3, first indent, of the EU-Israel Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 11 April 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the said Agreement,

OJ C , , p.

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1

HAS DECIDED AS FOLLOWS:

Article 1

The position to be taken by the European Union within the Association Council created by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, with regard to the provisions for the co-ordination of social security systems contained in the Association Agreement shall be based on the draft decision of the Association Council annexed to this Decision.

Done at Brussels,

For the Council The President

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Annex to the ANNEX

ASSOCIATION BETWEEN THE

EUROPEAN UNION

AND THE STATE OF ISRAEL

  • - 
    The Association Council -

DECISION No.../…. OF THE ASSOCIATION COUNCIL

created by the Euro-Mediterranean Agreement establishing an association between the

European Communities and their Member States, of the one part, and the State of Israel,

of the other part,

of ...

with regard to the provisions for the co-ordination of social security systems contained in the

Association Agreement

THE ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, and in particular Article 64 thereof,

Whereas

(1)    Article 64 of the said Agreement provides for the co-ordination of the social security systems of Israel and the Member States and lays down the principles for such co-ordination.

(2)    Article 65 of the said Agreement also provides that a Decision of the Association Council shall put in place the provisions contained in Article 64.

(3)    Objective 2.3.3, first indent, of the EU-Israel Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 11 April 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the said Agreement.

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(4)    In applying this Decision, the right of Israeli workers to family benefits is subject to the condition that their family members are legally resident with the worker concerned in the Member State where the worker is employed. The Decision does not give any entitlement to family benefits with respect to members of their family resident in another state, e.g. Israel.

(5)    Currently, Council Regulation (EC) No 859/2003 extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality. This Regulation is based on Title IV of the Treaty. In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on the European Union, Denmark did not take part in the adoption of Regulation (EC) No 859/2003 and is not therefore bound by or subject to it. It is therefore necessary to lay down specific provisions with regard to Denmark concerning those principles contained in Article 64 of the said Agreement, which are already covered by this Regulation.

(6)    It might be necessary to lay down special provisions which correspond to the specific characteristics of the Israeli national legislation, in order to facilitate the application of the coordination rules.

(7)    This Decision is without prejudice to rights and obligations arising from bilateral Agreements between the Member States and Israel which afford advantages in terms of social security.

(8)    In order to ensure a smooth functioning of the co-ordination of the social security systems of the Member States and Israel, it is necessary to establish specific provisions on the cooperation between the Member States and Israel as well as between the person concerned and the institution of the competent state.

(9)    Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

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HAS DECIDED AS FOLLOWS:

PARTI GENERAL PROVISIONS

Article 1 Definitions

1.

For the purposes of this Decision:

(a)     "Agreement" means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part;

(b)    "Regulation" means Council Regulation (EC) No 883/2004 (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Union as applying in the Member States of the European Union;

(c)     "implementing Regulation" means Council Regulation (EC) No 987/2009 (EEC) No 574/72 laying down the procedure for implementing Regulation (EC) No 883/2004 (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the European Union;

(d)    "Member State" means a Member State of the European Communities European Union;

(e)     "worker" means,

(i) for the purposes of the legislation of a Member State, an employed person within the meaning of Article 1 (a) of the Regulation;

(ii) for the purposes of the legislation of Israel, an employed person within the meaning of that legislation;

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(f)     "member of the family" means,

(i) for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1 (i) (f) of the Regulation;

(ii) for the purposes of the legislation of Israel, a member of the family within the meaning of that legislation;

(g)    "legislation" means,

(i) in relation to the Member States, legislation within the meaning of Article 1 (l) (j) of the Regulation;

(ii) in relation to Israel, the relevant legislation applying in Israel relating to areas of social security concerning old-age and survivors' pensions, benefits in respect of accidents at work and occupational diseases, or in respect of invalidity, and family benefits;

(h) "benefits" means,

(i) in relation to the Member States:

– old-age or survivors' pensions,

– benefits in respect of accidents at work and occupational diseases, or of

– invalidity benefits,

within the meaning of the Regulation, with the exception of special non-contributory cash benefits as set out in Annex X IIa to the Regulation;

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(ii) in relation to Israel, the corresponding benefits provided under Israeli legislation, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision;

(i) "family benefits" means,

(i) in relation to the Member States, family benefits within the meaning of Article 1 (z) (u) (i) of the Regulation;

(ii) in relation to Israel, family benefits within the meaning of that legislation.

  • 2. 
    Other terms used in this Decision shall have the meaning which is assigned to them in the Regulation and the implementing Regulation.

Article 2 Persons covered

This Decision shall apply:

(a)     to workers who are nationals of Israel and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors,

(b)    to the members of the family of workers referred to in paragraph (a) provided that they are legally resident with the worker concerned in the Member State where the worker is employed,

(c)     to workers who are nationals of a Member State who are or have been legally employed in the territory of Israel and who are or have been subject to the legislation of Israel, and their survivors, and

(d)    to the members of the family of workers referred to in paragraph (c) provided that they are legally resident with the worker concerned in Israel.

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PARTII RELATIONS BETWEEN THE MEMBER STATES AND ISRAEL

Article 3 Matters covered

Part II of this Decision shall apply to all legislation of the Member States and Israel concerning the following branches of social security:

(a)     old-age benefits;

(b)    survivors' benefits;

(c)     benefits in respect of accidents at work and occupational diseases;

(d)    invalidity benefits;

(e)     family benefits.

Article 4 Waiving of Residence Clauses

Benefits within the meaning of Article 1 (h) shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

(i) for the purpose of a benefit under Israeli legislation, within the territory of a Member State, or

(ii) for the purpose of a benefit under the legislation of a Member State, within the territory of Israel.

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Article 5 Family Benefits

  • 1. 
    Workers as referred to in Article 2 (a) shall receive under the legislation of the competent Member State family benefits for the members of their family as referred to in Article 2 (b) in the same way as nationals of that Member State.
  • 2. 
    Workers as referred to in Article 2 (c) shall receive under the legislation of Israel family benefits for the members of their family as referred to in Article 2 (d) in the same way as Israeli nationals.

PART III APPLICATION OF SOCIAL SECURITY PROVISIONS WITH REGARD TO DENMARK

Article 6 General provision

For the purpose of implementing the Article 64 (1), first indent, of the Agreement, Denmark shall apply to persons referred to in Article 2 (a), to the extent necessary, the relevant provisions of the Regulation and the implementing Regulation.

PARTIV MISCELLANEOUS PROVISIONS

Article 7 Cooperation

  • 1. 
    The Member States and Israel shall communicate to each other all information regarding:

(a)     measures taken to implement this Decision in accordance with the procedure set out in Article 14;

(b)    changes in their legislation which may affect the implementation of this Decision.

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  • 2. 
    For the purposes of this Decision, the authorities and institutions of the Member States and of Israel shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Israel may agree to certain expenses being reimbursed.
  • 3. 
    The authorities and institutions of the Member States and of Israel may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
  • 4. 
    The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
  • 5. 
    The persons concerned must inform the institutions of the competent Member State or Israel, where the latter is the competent state, and of the Member State of residence or Israel, where the latter is state of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
  • 6. 
    Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.

Article 8 Administrative Checks and Medical Examinations

  • 1. 
    When a person covered by this Decision and in receipt of benefits referred to in Article 1 (h) is staying or residing

(i) for the purpose of a benefit under Israeli legislation, within the territory of a Member State, or

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(ii) for the purpose of a benefit under the legislation of a Member State, within the territory of Israel,

administrative checks and medical examinations shall be carried out, at the request of the institution responsible for payment, by the institution of the place of stay or residence of the recipient in accordance with the procedures laid down by the legislation administered by the latter institution. The institution responsible for payment shall, however, reserve the right to have the recipient examined by a doctor of its own choice.

  • 2. 
    One or more Member States and Israel may, having informed the Association Council, agree on other administrative provisions.

Article 9 Special provisions for the application of the legislation of Israel

Special provisions for the application of the legislation of Israel may, if necessary, be set out in Annex II.

Article 10 More favourable bilateral Agreements

This Decision shall not affect any rights or obligations arising from bilateral Agreements where the latter provide for more favourable treatment (of the persons concerned).

Article 11 Agreements supplementing the procedures for implementing this Decision

Two or more Member States, or Israel and one or more Member States may, where necessary, conclude Agreements designed to supplement the administrative procedures for implementing this Decision.

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PARTV TRANSITIONAL AND FINAL PROVISIONS

Article 12 Transitional provisions

  • 1. 
    No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
  • 2. 
    Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
  • 3. 
    Any benefit, including family benefits, which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
  • 4. 
    If a request referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from that date, and the legislation of any Member State or Israel concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
  • 5. 
    If a request referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Israel.

Article 13 Annexes to this Decision

  • 1. 
    The Annexes to this Decision constitute an integral part thereof.

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  • 2. 
    At the request of Israel, the said Annexes may be amended by decision of the Association Council.

Article 14 Implementing Measures

  • 1. 
    The Community European Union and Israel shall each take the necessary measures to implement this Decision and communicate them to the Association Council.
  • 2. 
    The Association Council shall take a decision confirming that all measures referred to in paragraph 1 have been taken.

Article 15 Entry into force

This Decision shall enter into force on the first day of the first month following the date of the publication in the Official Journal of the European Union of the Decision of Association Council referred to in Article 14 (2).

ANNEX I List of Israeli special non-contributory cash benefits …

ANNEX II Special provisions for the application of the legislation of Israel

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