Attachment

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, and in particular Articles 98 and 101 thereof,

Whereas:

Annex VI to the Agreement on the European Economic Area as amended by the Protocol adjusting the Agreement on the European Economic Area (the Agreement) was amended by Decision No …/… of the EEA Joint Committee of …^f1.

Protocol 37 to the Agreement was amended by Decision No …/… of the EEA Joint Committee of …^f2.

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems^f3, should be incorporated into the Agreement.

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^f4 should be incorporated into the Agreement.

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^f5 should be incorporated into the Agreement.

Decision 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 Council Regulation (EC) No 883/2004 of the European Parliament and of the Council^f6 should be incorporated into the Agreement.

Decision 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^f7 should be incorporated into the Agreement.

Decision 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^f8 should be incorporated into the Agreement.

Decision 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^f9 should be incorporated into the Agreement.

Decision 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^f10 should be incorporated into the Agreement.

Decision 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^f11 should be incorporated into the Agreement.

Decision 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 survivor’s benefits^f12 should be incorporated into the Agreement.

Decision No S1 of 12 June 2009 concerning the European Health Insurance Card^f13 should be incorporated into the Agreement.

Decision No S2 of 12 June 2009 concerning the technical specifications of the European Health Insurance Card^f14 should be incorporated into the Agreement.

Decision 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^f15 should be incorporated into the Agreement.

Decision 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^f16 should be incorporated into the Agreement.

Decision 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^f17 should be incorporated into the Agreement.

Decision 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^f18 should be incorporated into the Agreement.

Recommendation No P1 of 12 June 2009 concerning the Gottardo judgment, according to which the advantages enjoyed by a State’s own nationals under a bilateral convention on social security with a non-member country must also be granted to workers who are nationals of other Member States^f19 should be incorporated into the Agreement.

Recommendation 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^f20 should be incorporated into the Agreement.

Recommendation 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^f21 should be incorporated into the Agreement.

For the Agreement to function well, Protocol 37 thereto should be amended to include the Administrative Commission for the coordination of social security systems set up by Regulation (EC) No 883/2004 and Annex VI should be amended in order to specify the procedures for association with that Commission and the bodies attached to it.

Regulation (EC) No 883/2004 repeals Council Regulation (EEC) No 1408/71^f22, which is incorporated into the Agreement and which should consequently be repealed under the Agreement.

Regulation (EC) No 987/2009 repeals, with effect from 1 May 2010, Council Regulation (EEC) No 574/72^f23, which is incorporated into the Agreement and which should consequently be repealed under the Agreement.

All acts under the headings ‘Acts of which the Contracting Parties shall take due account’ and ‘Acts of which the Contracting Parties shall take note’ are obsolete and should consequently be repealed under the Agreement,

HAS ADOPTED THIS DECISION: