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COU CIL OF Brussels, 21 ovember 2011
(OR. en) THE EUROPEA U IO
16232/11
Interinstitutional File: 2011/0291 ( LE)
CH 29 SOC 931 MI 537 ETS 18
LEGISLATIVE ACTS A D OTHER I STRUME TS
Subject: 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 replacement of Annex II to that Agreement on the co-ordination of social security schemes
COU CIL DECISIO
of
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 replacement of Annex II
to that Agreement on the co-ordination of social security schemes
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48,
in conjunction with Article 218(9) thereof,
Having regard to Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards
the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of
seven Agreements with the Swiss Confederation , and in particular Article 2 thereof,
Having regard to the proposal from the European Commission,
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
("the Agreement") was signed on 21 June 1999 and entered into force on 1 June 2002.
(2) Article 18 of the Agreement provides that the Joint Committee may, by decision, adopt
amendments to the Agreement, including Annex II thereto on the co-ordination of social
security schemes.
(3) In order to preserve a coherent and correct application of the legal acts of the Union and to
avoid administrative and possibly legal difficulties, Annex II to the Agreement needs to be
amended to integrate new legal acts of the Union to which the Agreement does not
currently refer.
(4) In the interests of clarity and rationality, Annex II to the Agreement and the Protocol to
that Annex should be codified.
(5) The position of the Union in the Joint Committee should therefore be based on the draft
Decision set out in Annex I to this Decision,
Article 1
The position to be taken by the Union in the Joint Committee established by Article 14 of 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 shall be based on the draft Decision of
the Joint Committee set out in Annex I to this Decision.
Article 2
The Declaration set out in Annex II to this Decision is hereby approved and shall be made on behalf
of the Union in the Joint Committee when the latter adopts its Decision referred to in Article 1.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, -
For the Council -
AEX I
Draft
DECISIO o .../... OF THE JOI T 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
of ...
replacing Annex II to that Agreement
on the co-ordination of social security schemes
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
("the Agreement"), and in particular Article 18 thereof,
Whereas:
(1) The Agreement was signed on 21 June 1999 and entered into force on 1 June 2002.
(2) Annex II to the Agreement on the co-ordination of social security schemes was last
amended by Decision No 1/2006 of 6 July 2006 and should now be updated to take
account of the new legal acts of the European Union that have entered into force since
then, in particular Regulation (EC) No 883/2004 of the European Parliament and of the
Council of 29 April 2004 on the coordination of social security systems and the measures
adopted to implement that regulation.
(3) Regulation (EC) No 883/2004 has replaced Council Regulation (EEC) No 1408/71
of 14 June 1971 on the application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within the Community.
(4) In the interests of clarity and rationality, Annex II to the Agreement and the Protocol to
that Annex should be consolidated in a legally binding version.
(5) Annex II to the Agreement should be maintained in line with the evolution of the relevant
legal acts of the European Union,
Article 1
Annex II 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 ("the Agreement")
is replaced by the Annex to this Decision.
Article 2
This Decision is established in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish,
French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese,
Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in each of these languages
being equally authentic.
Article 3
The Decision shall enter into force on the day following the day of its adoption.
Done at ..., .... -
For the Joint Committee -
The Chairman -
AEX
"AEX II
Co-ordination of social security schemes
Article 1
-
1.The contracting parties agree, with regard to the co-ordination of social security schemes,
to apply among themselves the legal acts of the European Union to which reference is
made in, and as amended by, section A of this Annex, or rules equivalent to such acts.
-
2.The term "Member State(s)" contained in the legal acts referred to in section A of this
Annex shall be understood to include Switzerland in addition to the States covered by the
relevant legal acts of the European Union.
Article 2
-
1.For the purposes of applying the provisions of this Annex, the contracting parties shall take
into due account the legal acts of the European Union referred to in section B of this
Annex.
-
2.For the purposes of applying the provisions of this Annex, the contracting parties shall take
note of the legal acts of the European Union referred to in section C of this Annex.
Article 3
-
1.Special provisions concerning the transitory arrangements relating to unemployment
insurance for nationals of certain Member States of the European Union holding a Swiss
residence permit valid for less than one year, concerning the Swiss allowances for helpless
persons and concerning benefits under the occupational benefit plans regarding old-age,
survivors' and invalidity pensions are set out in the Protocol to this Annex.
-
2.The Protocol forms an integral part of this Annex.
SECTIO
A
LEGAL
ACTS
REFERRED
TO
(1) Regulation (EC) No 883/2004 of the European Parliament and of the Council
of 29 April 2004 on the coordination of social security systems, as amended by
Regulation (EC) No 988/2009 of the European Parliament and of the Council
of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of
social security systems, and determining the content of its Annexes
For the purposes of this Agreement, Regulation (EC) No 883/2004 shall be adapted as
follows:
(a) The following shall be added to Annex I, section I:
"Switzerland
Cantonal legislation concerning the advances of maintenance payments based on
Articles 131 paragraph 2 and 293 paragraph 2 of the Federal Civil Act.";
(b) The following shall be added to Annex I, section II:
"Switzerland
Birth grants and adoption grants pursuant to the relevant cantonal legislation based
on Article 3 paragraph 2 of the Federal Family Allowances Act.";
(c) The following shall be added to Annex II:
"Germany-Switzerland
(a) Convention on social security of 25 February 1964, as amended by
Complementary Conventions No 1 of 9 September 1975 and No 2
of 2 March 1989:
(i) point 9b, paragraph 1, Nos 1-4 of the Final Protocol (legislation
applicable and entitlement to sickness benefits in kind for residents of the
(ii) point 9e, paragraph 1(b), first, second and fourth sentences, of the Final
Protocol (access to voluntary sickness insurance in Germany by
relocation in Germany).
(b) Convention on unemployment insurance of 20 October 1982, as amended by
the Additional Protocol of 22 December 1992:
(i) Article 8(5), Germany (district of Büsingen) shall contribute a sum
equivalent to the cantonal contribution under Swiss law towards the cost
of actual places on employment-promotion measures for workers subject
to this provision.
Spain-Switzerland
Point 17 of the Final Protocol to the Convention on social security
of 13 October 1969, as amended by the Complementary Convention
of 11 June 1982; persons insured under the Spanish scheme by virtue of this
provision are exempted from the requirement to join the Swiss sickness insurance
Italy-Switzerland
Article 9(1) of the Convention on social security of 14 December 1962, as amended
by Complementary Convention No 1 of 18 December 1963, the Complementary
Agreement of 4 July 1969, the Additional Protocol of 25 February 1974 and
Complementary Agreement No 2 of 2 April 1980.";
(d) The following shall be added to Annex IV:
"Switzerland";
(e) The following shall be added to Annex VIII, part 1:
"Switzerland
All claims for old-age, survivors' and invalidity pensions under the basic scheme
(Federal Law on old-age and survivors' insurance and Federal Law on invalidity
insurance) and statutory old-age pensions under the statutory occupational benefit
plans (Federal Law on occupational benefit plans for old-age, survivors' and
(f) The following shall be added to Annex VIII, part 2:
"Switzerland
Old-age, survivors' and invalidity pensions under the statutory occupational benefit
plans (Federal Law on occupational benefit plans for old-age, survivors' and
invalidity insurance).";
(g) The following shall be added to Annex IX, part II:
"Switzerland
Survivors' and invalidity pensions under the statutory occupational benefit plans
(Federal Law on occupational benefit plans for old-age, survivors' and invalidity
(h) The following shall be added to Annex X:
"Switzerland
-
1.Supplementary benefits (Federal Supplementary Benefits Act
of 19 March 1965) and similar benefits provided for under cantonal legislation.
-
2.Pensions in the case of hardship under invalidity insurance (Article 28
subparagraph 1a of the Federal Invalidity Insurance Act of 19 June 1959, as
amended on 7 October 1994).
-
3.Non-contributory mixed benefits in the event of unemployment, as provided
for under cantonal legislation.
-
4.Non-contributory extraordinary invalidity pensions for disabled persons
(Article 39 of the Federal Invalidity Insurance Act of 19 June 1959) who have
not been subject, before their incapacity for work, to the Swiss legislation on
the basis of an activity as an employed or self-employed person.";
(i) The following shall be added to Annex XI:
"Switzerland
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1.Article 2 of the Federal Old-Age and Survivors' Insurance Act and Article 1 of
the Federal Invalidity Insurance Act, which govern voluntary insurance in
these insurance branches for Swiss nationals resident in States not subject to
this Agreement, shall be applicable to persons resident outside Switzerland
who are nationals of the other States to which this Agreement applies, and to
refugees and stateless persons resident in the territory of these States, where
these persons join the voluntary insurance scheme not later than one year after
the date on which they ceased to be covered by old-age, survivors' and
invalidity insurance after a continuous period of insurance of at least five years.
-
2.Where a person ceases to be insured under Swiss old-age, survivors' and
invalidity insurance after a continuous period of insurance of at least five years,
he shall continue to be entitled to be insured with the agreement of the
employer if he works in a State to which this Agreement does not apply for an
employer in Switzerland and if he submits an application to this effect within
six months of the date on which he ceases to be insured.
-
3.Compulsory insurance under Swiss sickness insurance and possible exemptions
(a) The Swiss legal provisions governing compulsory sickness insurance
shall apply to the following persons not resident in Switzerland:
(i) persons subject to Swiss legal provisions under Title II of the
Regulation;
(ii) persons for whom Switzerland shall bear the costs of benefits
according to Articles 24, 25, 26 of the Regulation;
(iii) persons receiving Swiss unemployment insurance benefits;
(iv) family members of persons referred to in (i) and (iii) or of an
employed or self-employed person resident in Switzerland who is
insured under the Swiss sickness insurance scheme, unless these
family members are resident in one of the following States:
Denmark, Spain, Hungary, Portugal, Sweden or the United
(v) family members of persons referred to in (ii) or of a pensioner
resident in Switzerland who is insured under the Swiss sickness
insurance scheme, unless these family members are resident in one
of the following States: Denmark, Portugal, Sweden or the United
Kingdom.
As family members are considered those persons who are defined as family
members according to the legislation of the state of residence.
(b) Persons referred to in (a) may, on request, be exempted from compulsory
insurance if and as long as they are resident in one of the following States
and can prove that they are eligible for cover in the event of sickness:
Germany, France, Italy, Austria, and, with regard to persons referred to
in (a) (iv) and (v), Finland and, with regard to persons referred to in
(a)(ii), Portugal.
This request
(aa) must be submitted within three months of the date on which the
obligation to take out insurance in Switzerland comes into effect;
where, in justified cases, the request is submitted after this
deadline, the exemption shall take effect as from the
commencement of the insurance obligation;
(bb) shall apply to all family members residing in the same State.
-
4.Where a person subject to Swiss legal provisions under Title II of the
Regulation is, in application of 3(b), subject for the purposes of sickness
insurance to the legal provisions of another State covered by this Agreement,
the costs of these benefits in kind for non-occupational accidents shall be
shared equally between the Swiss insurer against occupational and non-
occupational accidents and industrial diseases and the competent sickness
insurance institution if an entitlement exists to benefits in kind from both
bodies. The Swiss insurer against occupational and non-occupational accidents
and industrial diseases shall meet all costs in the event of occupational
accidents, accidents on the way to work or industrial diseases, even where there
is an entitlement to benefits from a sickness insurance body in the country of
residence.
-
5.Persons who are working, but not residing in Switzerland and who have
statutory insurance cover in their State of residence in accordance with
point 3(b), as well as their family members, shall benefit from the provisions of
Article 19 of the Regulation during a stay in Switzerland.
-
6.For the purposes of applying Articles 18, 19, 20, 27 of the Regulation in
Switzerland, the competent insurer shall bear all invoiced costs.
-
7.Periods of daily allowance insurance completed under the insurance scheme of
another State to which this Agreement applies shall be taken into account for
reducing or lifting a possible reserve in daily allowance insurance in the event
of maternity or sickness where the person becomes insured with a Swiss
insurer within three months of ceasing to be covered by insurance in another
country.
-
8.Where a person who was gainfully employed or self-employed in Switzerland
and covering his vital needs has had to cease his activity owing to an accident
or illness and is no longer subject to Swiss legislation on invalidity insurance,
he shall be considered to be covered by that insurance for the purpose of
eligibility for rehabilitation measures until the payment of an invalidity pension
and throughout the period during which he benefits from these measures,
provided that he has not taken up a new activity outside Switzerland.".
(2) Regulation (EC) No 987/2009 of the European Parliament and of the Council
of 16 September 2009 laying down the procedure for implementing Regulation (EC)
No 883/2004 on the coordination of social security systems
For the purposes of this Agreement, Regulation (EC) No 987/2009 shall be adapted as
follows:
The following shall be added to Annex 1:
"Arrangement between Switzerland and France of 26 October 2004 fixing the special
procedures for the reimbursement of health care benefits
Arrangement between Switzerland and Italy of 20 December 2005 fixing the special
procedures for the reimbursement of health care benefits".
(3) Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed persons and to the members of
their families moving within the Community, as last amended by Regulation (EC)
No 592/2008 of the European Parliament and of the Council of 17 June 2008, as
applicable between Switzerland and the Member States before the entry into force of this
Decision, and when referred to in Regulations (EC) No 883/2004 or No 987/2009 or when
cases are concerned which occurred in the past.
(4) Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for
implementing Regulation (EEC) No 1408/71 on the application of social security schemes
to employed persons, to self-employed persons and to the members of their families
moving within the Community, as last amended by Commission Regulation (EC)
No 120/2009 of 9 February 2009, as applicable between Switzerland and the
Member States before the entry into force of this Decision, and when referred to in
Regulations (EC) No 883/2004 or No 987/2009 or when cases are concerned which
occurred in the past.
(5) Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension
rights of employed and self-employed persons moving within the Community. .
SECTIO
B
LEGAL
ACTS
OF
WHICH
THE
CO TRACTI G
PARTIES
SHALL
TAKE
DUE
ACCOU T
(1) Decision of the Administrative Commission for the Coordination of Social Security
Systems No A1 of 12 June 2009 concerning the establishment of a dialogue and
conciliation procedure concerning the validity of documents, the determination of the
applicable legislation and the provision of benefits under Regulation (EC) No 883/2004 of
the European Parliament and of the Council.
(2) Decision of the Administrative Commission for the Coordination of Social Security
Systems No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation
(EC) No 883/2004 of the European Parliament and of the Council on the legislation
applicable to posted workers and self-employed workers temporarily working outside the
competent State.
(3) Decision of the Administrative Commission for the Coordination of Social Security
Systems No A3 of 17 December 2009 concerning the aggregation of uninterrupted posting
periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC)
No 883/2004 of the European Parliament and of the Council.
(4) Decision of the Administrative Commission for the Coordination of Social Security
Systems No E1 of 12 June 2009 concerning the practical arrangements for the transitional
period for the data exchange via electronic means referred to in Article 4 of Regulation
(EC) No 987/2009 of the European Parliament and of the Council.
(5) Decision of the Administrative Commission for the Coordination of Social Security
Systems No F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation
(EC) No 883/2004 of the European Parliament and of the Council relating to priority rules
in the event of overlapping of family benefits.
(6) Decision of the Administrative Commission for the Coordination of Social Security
Systems No H1 of 12 June 2009 concerning the framework for the transition from Council
Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004
and (EC) No 987/2009 of the European Parliament and of the Council and the application
of Decisions and Recommendations of the Administrative Commission for the
coordination of social security systems.
(7) Decision of the Administrative Commission for the Coordination of Social Security
Systems No H2 of 12 June 2009 concerning the methods of operation and the composition
of the Technical Commission for data processing of the Administrative Commission for
the coordination of social security systems.
(8) Decision of the Administrative Commission for the Coordination of Social Security
Systems No H 3 of 15 October 2009 concerning the date to be taken into consideration for
determining the rates of conversion referred to in Article 90 of Regulation (EC)
No 987/2009 of the European Parliament and of the Council.
(9) Decision of the Administrative Commission for the Coordination of Social Security
Systems No H 4 of 22 December 2009 concerning the composition and working methods
of the Audit Board of the Administrative Commission for the Coordination of Social
Security Systems.
(10) Decision of the Administrative Commission for the Coordination of Social Security
Systems No H 5 of 18 March 2010 concerning cooperation on combating fraud and error
within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC)
No 987/2009 of the European Parliament and of the Council on the coordination of social
security systems.
(11) Decision of the Administrative Commission for the Coordination of Social Security
Systems No P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of
Regulation (EC) No 883/2004 of the European Parliament and of the Council for the award
of invalidity, old-Age and survivors' benefits.
(12) Decision of the Administrative Commission for the Coordination of Social Security
Systems No S1 of 12 June 2009 concerning the European Health Insurance Card.
(13) Decision of the Administrative Commission for the Coordination of Social Security
Systems No S2 of 12 June 2009 concerning the technical specifications of the European
Health Insurance Card.
(14) Decision of the Administrative Commission for the Coordination of Social Security
Systems No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1)
of Regulation (EC) No 883/2004 of the European Parliament and of the Council and
Article 25(A) (3) of Regulation (EC) No 987/2009 of the European Parliament and of
the Council.
(15) Decision of the Administrative Commission for the Coordination of Social Security
Systems No S4 of 2 October 2009 concerning refund procedures for the implementation of
Articles 35 and 41 of Regulation (EC) No 883/2004 of the European Parliament and of
the Council.
(16) Decision of the Administrative Commission for the Coordination of Social Security
Systems No S5 of 2 October 2009 on interpretation of the concept of `benefits in kind' as
defined in Article 1 (va) of Regulation (EC) No 883/2004 of the European Parliament and
of the Council in the event of sickness or maternity pursuant to Articles 17, 19, 20, 22,
24 (1), 25, 26, 27 (1, 3, 4 and 5), 28, 34 and 36 (1 and 2) of Regulation (EC) No 883/2004
and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of
Regulation (EC) No 987/2009 of the European Parliament and of the Council.
(17) Decision of the Administrative Commission for the Coordination of Social Security
Systems No S6 of 22 December 2009 concerning the registration in the Member State of
residence under Article 24 of Regulation (EC) No 987/2009 and the compilation of the
inventories provided for in Article 64 (4) of Regulation (EC) No 987/2009.
(18) Decision of the Administrative Commission for the Coordination of Social Security
Systems No S7 of 22 December 2009 concerning the transition from Regulations (EEC)
Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004 and 987/2009 and the
application of reimbursement procedures.
(19) Decision of the Administrative Commission for the Coordination of Social Security
Systems No U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009
of the European Parliament and of the Council relating to increases in unemployment
benefit for dependent members of the family.
(20) Decision of the Administrative Commission for the Coordination of Social Security
Systems No U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC)
No 883/2004 of the European Parliament and of the Council on the right to unemployment
benefits of wholly unemployed persons other than frontier workers who were resident in
the territory of a Member State other than the competent Member State during their last
period of employment or self-employment.
(21) Decision of the Administrative Commission for the Coordination of Social Security
Systems No U3 of 12 June 2009 concerning the scope of the concept of `partial
unemployment' applicable to the unemployed persons referred to in Article 65(1) of
Regulation (EC) No 883/2004 of the European Parliament and of the Council.
SECTIO
C
LEGAL
ACTS
OF
WHICH
THE
CO TRACTI G
PARTIES
SHALL
TAKE
OTE
(1) Recommendation of the Administrative Commission for the Coordination of Social
Security Systems No U1 of 12 June 2009 concerning the legislation applicable to
unemployed persons engaging in part-time professional or trade activity in a Member State
other than the State of residence.
(2) Recommendation of the Administrative Commission for the Coordination of Social
Security Systems No U2 of 12 June 2009 concerning the application of Article 64(1)(a) of
Regulation (EC) No 883/2004 of the European Parliament and of the Council to
unemployed persons accompanying their spouses or partners pursuing a professional or
trade activity in a Member State other than the competent State.
PROTOCOL TO AEX II TO THE AGREEME T
I. Unemployment insurance
The following arrangements shall apply to workers who are nationals of the Czech Republic, the
Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary,
the Republic of Poland, the Republic of Slovenia and the Slovak Republic until 30 April 2011 and
to workers who are nationals of the Republic of Bulgaria and Romania until 31 May 2016.
-
1.The following rules shall apply with respect to unemployment insurance for workers
holding a residence permit with a period of validity of less than one year:
1.1 Only workers who have paid contributions in Switzerland for the minimum period
required under the Federal Unemployment Insurance and Insolvency Allowances Act
(loi fédérale sur l'assurance-chômage obligatoire et l'indemnité en cas d'insolvabilité
-
-LACI) and who also satisfy the other conditions of eligibility for unemployment
benefit shall be entitled to such benefit provided by the unemployment insurance
under the conditions laid down by law.
1.2 A portion of the contributions levied for workers whose period of contribution is too
short to give entitlement to unemployment benefit in Switzerland under 1.1 shall be
refunded to their States of origin in accordance with the provisions of 1.3. in order to
contribute towards the cost of benefits provided to these workers in the event of full
unemployment; these workers shall then have no entitlement to benefit in the event
of their being fully unemployed in Switzerland. They shall, however, be entitled to
allowances for bad weather and in the event of the employer becoming insolvent.
Benefits in the event of full unemployment shall be paid by the State of origin,
provided that the workers concerned make themselves available for work. Periods of
insurance completed in Switzerland shall be taken into account in the same way as if
they had been completed in the State of origin.
1.3 The portion of the contributions levied for workers referred to in 1.2 shall be
refunded on an annual basis in accordance with the following provisions:
(a) The total contributions of these workers shall be calculated, by country, on the
basis of the annual number of workers employed and the average annual
contributions paid for each worker (employer's and employee's contributions).
(b) Of the amount calculated in this way, a portion thereof corresponding to the
relative share represented by unemployment benefit as a percentage of all the
allowances referred to in 1.2 shall be refunded to the workers' States of origin,
and a portion shall be retained by Switzerland as a reserve for subsequent
benefits.11 - Refunded contributions for workers who will exercise their right to unemployment benefit in Switzerland after having paid contributions for at least 12 months - over several periods of residence -within the space of two years.
(c) Switzerland shall, on an annual basis, provide a statement showing the
contributions refunded. If the States of origin so request, it shall indicate the
bases for the calculation and the sums refunded. The States of origin shall each
year notify Switzerland of the number of recipients of unemployment benefit
as referred to in 1.2.
-
2.If a Member State concerned by this arrangement encounters difficulties with the ending of
the arrangements for refunding of contributions, or Switzerland encounters difficulties with
the aggregation arrangements, the matter may be referred to the Joint Committee by any of
the contracting parties.
II. Allowances for helpless persons
Allowances for helpless persons granted under the Swiss Federal Act of 19 June 1959 on invalidity
insurance (LAI) and under the Federal Act of 20 December 1946 on old-age and survivors' pensions
(LAVS) as amended on 8 October 1999 shall be provided exclusively if the person concerned
III. Occupational benefit plans concerning old-age, survivors' and invalidity pensions
Notwithstanding Article 10 (2) of Council Regulation (EEC) No 1408/71, the vested benefit
provided for under the Federal Act on free movement among occupational benefit plans concerning
old-age, survivors' and invalidity pensions (Loi fédérale sur le libre passage dans la prévoyance
professionnelle vieillesse, survivants et invalidité ) of 17 December 1993 shall be paid out on request
to an employed or self-employed person who intends to leave Switzerland for good and who, under
Title II of the Regulation, will no longer be subject to Swiss law, provided that that person leaves
Switzerland within five years of this Agreement entering into effect."
AEX II
DECLARATIO
on the Declaration on Swiss attendance of committees
The Administrative Commission on Social Security for Migrant Workers referred to in the second
indent of the Declaration on Swiss attendance of committees (OJ L 114, 30.4.2002, p. 72) has been
renamed as Administrative Commission for the Coordination of Social Security Systems by Article
71 of Regulation (EC) No 883/2004 of the European Parliament and of the Council.
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