This Agreement between the European Community and its Member States and the Swiss Confederation aims to establish the…

22002A0430(01) 22002A0430(01) 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 - Final Act - Joint Declarations - Information relating to the entry into force of the seven Agreements with the Swiss Confederation in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural products Official Journal L 114 , 30/04/2002 P. 0006 - 0072 Dates: of document: 21/06/1999 of effect: 01/06/2002; Entry into force See Art 25 And OJ L 114/2002 P. 480 of signature: 21/06/1999; Luxembourg end of validity: 99/99/9999; See Art. 25.2 Authentic language: The official languages ; German ; English ;

Danish ; Spanish ; Finnish ; French ; Greek ; Italian ; Dutch ;

Portuguese ; Swedish Author:

European Community ; The 15 Member States ; Belgium ; Denmark ;

Federal Republic of Germany ; Greece ; Spain ; France ; Ireland ;

Italy ; Luxembourg ; Netherlands ; Austria ; Portugal ; Finland ;

Sweden ; United Kingdom ; Switzerland Subject matter: External relations ; Cooperation ; Free movement of persons Directory code: 11401010 EUROVOC descriptor: EC agreement ; Switzerland ; free movement of persons ; recognition of diplomas Legal basis:

157A101-L2................ Adoption 197E300-P2L1FR2........... Adoption 197E300-P3L2.............. Adoption 197E300-P4................ Adoption 197E310................... Adoption Instruments cited:

385L0384..................

194A0301(01)..............

194N/PRO/02...............

Earlier related instruments:

202A0430(02)......Relation......

202A0430(03)......Relation......

202A0430(04)......Relation......

202A0430(05)......Relation......

202A0430(06)......Relation......

202A0430(07)......Relation......

Amended by:

Adopted by.... 302D0309..........

Amended by.... 203D0554.......... Amendment ANN 2 from 01/06/2002 Subsequent related instruments:

Relation...... 202A0430(02)......

Relation...... 202A0430(03)......

Relation...... 202A0430(04)......

Relation...... 202A0430(05)......

Relation...... 202A0430(06)......

Relation...... 202A0430(07)......

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 SWISS CONFEDERATION, of the one part, and THE EUROPEAN COMMUNITY, THE KINGDOM OF BELGIUM, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE PORTUGUESE REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, of the other part, hereinafter referred to as "the Contracting Parties", Convinced that the free movement of persons between the territories of the Contracting Parties is a key factor in the harmonious development of their relations, Resolved to bring about the free movement of persons between them on the basis of the rules applying in the European Community, Have decided to conclude this Agreement:

I. BASIC PROVISIONS

Article 1Objective

The objective of this Agreement, for the benefit of nationals of the Member States of the European Community and Switzerland, is: (a) to accord a right of entry, residence, access to work as employed persons, establishment on a self-employed basis and the right to stay in the territory of the Contracting Parties; (b) to facilitate the provision of services in the territory of the Contracting Parties, and in particular to liberalise the provision of services of brief duration; (c) to accord a right of entry into, and residence in, the territory of the Contracting Parties to persons without an economic activity in the host country; (d) to accord the same living, employment and working conditions as those accorded to nationals.

Article 2Non-discrimination

Nationals of one Contracting Party who are lawfully resident in the territory of another Contracting Party shall not, in application of and in accordance with the provisions of Annexes I, II and III to this Agreement, be the subject of any discrimination on grounds of nationality.

Article 3Right of entry

The right of entry of nationals of one Contracting Party into the territory of another Contracting Party shall be guaranteed in accordance with the provisions laid down in Annex I.

Article 4Right of residence and access to an economic activity

The right of residence and access to an economic activity shall be guaranteed unless otherwise provided in Article 10 and in accordance with the provisions of Annex I.

Article 5Persons providing services

The quantitative limits of Article 10 may not be relied upon as against persons referred to in this Article.

Article 6Right of residence for persons not pursuing an economic activity

The right of residence in the territory of a Contracting Party shall be guaranteed to persons not pursuing an economic activity in accordance with the provisions of Annex I relating to non-active people.

Article 7Other rights

The Contracting Parties shall make provision, in accordance with Annex I, for the following rights in relation to the free movement of persons: (a) the right to equal treatment with nationals in respect of access to, and the pursuit of, an economic activity, and living, employment and working conditions; (b) the right to occupational and geographical mobility which enables nationals of the Contracting Parties to move freely within the territory of the host state and to pursue the occupation of their choice; (c) the right to stay in the territory of a Contracting Party after the end of an economic activity; (d) the right of residence for members of the family, irrespective of their nationality; (e) the right of family members to pursue an economic activity, irrespective of their nationality; (f) the right to acquire immovable property in so far as this is linked to the exercise of rights conferred by this Agreement; (g) during the transitional period, the right, after the end of an economic activity or period of residence in the territory of a Contracting Party, to return there for the purposes of pursuing an economic activity and the right to have a temporary residence permit converted into a permanent one.

Article 8Coordination of social security systems

The Contracting Parties shall make provision, in accordance with Annex II, for the coordination of social security systems with the aim in particular of: (a) securing equality of treatment; (b) determining the legislation applicable; (c) aggregation, for the purpose of acquiring and retaining the right to benefits, and of calculating such benefits, all periods taken into consideration by the national legislation of the countries concerned; (d) paying benefits to persons residing in the territory of the Contracting Parties; (e) fostering mutual administrative assistance and cooperation between authorities and institutions.

Article 9Diplomas, certificates and other qualifications

In order to make it easier for nationals of the Member States of the European Community and Switzerland to gain access to and pursue activities as employed and self-employed persons and to provide services, the Contracting Parties shall take the necessary measures, in accordance with Annex III, concerning the mutual recognition of diplomas, certificates and other qualifications, and coordination of the laws, regulations and administrative provisions of the Contracting Parties on access to and pursuit of activities as employed and self-employed persons and the provision of services.

II. GENERAL AND FINAL PROVISIONS

Article 10Transitional provisions and development of the Agreement

There shall be no restriction on residence for less than four months.

From the beginning of the sixth year, all quantitative limits applicable to nationals of the Member States of the European Community shall be abolished.

Notwithstanding the provisions of the previous subparagraph, the number of new residence permits issued to employed and self-employed persons of the European Community may not be limited to fewer than 15000 per year valid for a period equal to, or exceeding, one year and 115500 per year valid for more than four months and less than one year.

Article 11Processing of appeals

Article 12More favourable provisions

This Agreement shall not preclude any more favourable national provisions which may exist for both nationals of the Contracting Parties and their family members.

Article 13Standstill

The Contracting Parties undertake not to adopt any further restrictive measures vis-š-vis each other's nationals in fields covered by this Agreement.

Article 14Joint Committee

The Joint Committee shall meet within 15 days of a request under paragraph 2.

Article 15Annexes and Protocols

The Annexes and Protocols to this Agreement shall form an integral part thereof. The Final Act shall contain the declarations.

Article 16Reference to Community law

Article 17Development of law

Article 18Revision

If a Contracting Party wishes to have this Agreement revised, it shall submit a proposal to that effect to the Joint Committee.

Amendments to this Agreement shall enter into force after the respective internal procedures have been completed, with the exception of amendments to Annexes II and III, which shall be adopted by decision of the Joint Committee and may enter into force immediately after that decision.

Article 19Settlement of disputes

Article 20Relationship to bilateral social security agreements

Unless otherwise provided for under Annex II, bilateral social security agreements between Switzerland and the Member States of the European Community shall be suspended on the entry into force of this Agreement, in so far as the latter covers the same subject-matter.

Article 21Relationship to bilateral agreements on double taxation

Article 22Relationship to bilateral agreements on matters other than social

security and double taxation 1. Notwithstanding the provisions of Articles 20 and 21, this Agreement shall not affect agreements linking Switzerland, of the one part, and one or more Member States of the European Community, of the other part, such as those concerning private individuals, economic operators, cross-border cooperation or local frontier traffic, in so far as they are compatible with this Agreement.

Article 23Acquired rights

In the event of termination or non-renewal, rights acquired by private individuals shall not be affected. The Contracting Parties shall settle by mutual agreement what action is to be taken in respect of rights in the process of being acquired.

Article 24Territorial scope

This Agreement shall apply, on the one hand, to the territory of Switzerland and, on the other hand, to the territories in which the Treaty establishing the European Community is applicable and under the conditions laid down by that Treaty.

Article 25Entry into force and duration

Agreement on the free movement of persons Agreement on air transport Agreement on the carriage of passengers and goods by road and rail Agreement on trade in agricultural products Agreement on the mutual recognition of conformity assessment Agreement on certain aspects of government procurement Agreement on scientific and technological cooperation.

Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve, en doble ejemplar en lenguas alemana, danesa, espaęola, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente autłntico./Udfördiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems, i to eksemplarer põ dansk, engelsk, finsk, fransk, grösk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed./Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zweifacher Ausfertigung in dōnischer, deutscher, englischer, finnischer, franzŠsischer, griechischer, italienischer, niederlōndischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermačen verbindlich ist./>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł üčń É˙įżč˙į ščūłń õżżłńśŽėłń õżõżČżĮń õżżąń, ėõ ōž˙ ńżĮčĮįĘń ėĮ÷ż ńóóūłśČ, óńūūłśČ, óõęüńżłśČ, ōńżłśČ, õūū÷żłśČ, łėĘńżłśČ, łĮńūłśČ, ˙ūūńżōłśČ, Ę˙ęĮ˙óńūłśČ, ė˙į÷ōłśČ śńł ŠłżūńżōłśČ óūžėėń· śńųążń ńĘŽ Įń śõčüõżń õčżńł õžčė˙į ńįųõżĮłśŽ./>ISO_1>Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine, in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of those texts being equally authentic./Fait š Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en double exemplaire en langues allemande, anglaise, danoise, espagnole, finnoise, fran÷aise, grecque, italienne, nłerlandaise, portugaise et sułdoise, chacun de ces textes faisant łgalement foi. /Fatto a Lussemburgo, addü ventuno giugno millenovecentonovantanove, in duplice esemplare, nelle lingue danese, finlandese, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca, ciascun testo facente ugualmente fede./Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in twee exemplaren in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle teksten gelijkelijk authentiek./Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove, em duplo exemplar nas lżnguas alemó, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fł qualquer dos textos./Tehty Luxemburgissa kahdentenakymmenentenōensimmōisenō pōivōnō kesōkuuta

vuonna tuhatyhdeksōnsataayhdeksōnkymmentōyhdeksōn kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellō, ja jokainen teksti on yhtō todistusvoimainen./Utfōrdat i Luxemburg den tjugofŠrsta juni nittionhundranittionio i tvõ exemplar põ det danska, engelska, finska, franska, grekiska, italienska, nederlōndska, portugisiska, spanska, svenska och tyska sprõket, vilka samtliga texter ōr lika giltiga.

Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das KŠnigreich Belgien >PIC FILE= "L_2002114EN.001201.TIF"> Cette signature engage łgalement la Communautł fran÷aise, la Communautł flamande, la Communautł germanophone, la Rłgion wallonne, la Rłgion flamande et la Rłgion de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.

Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flōmische Gemeinschaft, die FranzŠsische Gemeinschaft, die Wallonische Region, die Flōmische Region und die Region BrŽssel-Hauptstadt.

Põ Kongeriget Danmarks vegne >PIC FILE= "L_2002114EN.001202.TIF"> FŽr die Bundesrepublik Deutschland >PIC FILE= "L_2002114EN.001203.TIF"> >ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń >ISO_1>> PIC FILE= "L_2002114EN.001301.TIF"> Por el Reino de Espaęa >PIC FILE= "L_2002114EN.001302.TIF"> Pour la Rłpublique fran÷aise >PIC FILE= "L_2002114EN.001303.TIF"> Thar cheann Na hÉireann For Ireland >PIC FILE= "L_2002114EN.001304.TIF"> Per la Repubblica italiana >PIC FILE= "L_2002114EN.001305.TIF"> Pour le Grand-Duchł de Luxembourg >PIC FILE= "L_2002114EN.001401.TIF"> Voor het Koninkrijk der Nederlanden >PIC FILE= "L_2002114EN.001402.TIF"> FŽr die Republik Österreich >PIC FILE= "L_2002114EN.001403.TIF"> Pela RepŪblica Portuguesa >PIC FILE= "L_2002114EN.001404.TIF"> Suomen tasavallan puolesta FŠr Republiken Finland >PIC FILE= "L_2002114EN.001405.TIF"> FŠr Konungariket Sverige >PIC FILE= "L_2002114EN.001501.TIF"> For the United Kingdom of Great Britain and Northern Ireland >PIC FILE= "L_2002114EN.001502.TIF"> Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska gemenskapens vōgnar >PIC FILE= "L_2002114EN.001503.TIF"> >PIC FILE= "L_2002114EN.001504.TIF"> FŽr der schweizerischen Eidgenossenschaft Pour la Confłdłration suisse Per la Confederazione svizzera >PIC FILE= "L_2002114EN.001505.TIF"> >PIC FILE= "L_2002114EN.001506.TIF"> ANNEX I FREE MOVEMENT OF PERSONS I. GENERAL PROVISIONS

Article 1Entry and exit

No entry visa or equivalent requirement may be demanded save in respect of members of the family and posted workers within the meaning of Article 17 of this Annex who do not have the nationality of a Contracting Party. The Contracting Party concerned shall grant these persons every facility for obtaining any necessary visas.

The Contracting Parties, acting in accordance with their laws, shall issue to such nationals, or renew, an identity card or passport, which shall state in particular the holder's nationality.

The passport must be valid at least for all the Contracting Parties and for the countries through which the holder must pass when travelling between them. Where the passport is the only document on which the holder may lawfully leave the country, its period of validity may not be less than five years.

Article 2Residence and economic activity

Nationals of a Contracting Party shall also have the right to visit another Contracting Party or to remain there after a period of employment of less than one year in order to seek employment and to reside there for a reasonable amount of time, which may be up to six months, to allow them to find out about the employment opportunities corresponding to their professional qualifications and, if necessary, take the appropriate steps to take up employment. Those seeking employment shall have the right, in the territory of the Contracting Party concerned, to receive the same assistance as employment agencies in that state grant to its own nationals. They may be excluded from social security schemes for the duration of such residence.

Article 3Members of the family

The Contracting Parties shall facilitate the admission of any member of the family not covered by the provisions of this paragraph under (a), (b) and (c), if that person is a dependant or lives in the household of the national of a Contracting Party in the country of provenance.

The Contracting Parties shall promote initiatives to enable such children to follow the abovementioned courses under the best conditions.

Article 4Right to stay

Article 5Public order

Article 6Rules regarding residence

An employed person who is employed for a period of up to three months does not require a residence permit.

Article 7Employed frontier workers

The competent authorities of the state of employment may nevertheless issue the frontier worker with a special permit for a period of at least five years or for the duration of his employment where this is longer than three months and less than one year. It shall be extended for at least five years provided that the frontier worker furnishes proof that he is actually pursuing an economic activity.

Article 8Occupational and geographical mobility

Article 9Equal treatment

These provisions shall be without prejudice to laws or regulations in the host state which confer more extensive rights on employed persons from the other Contracting Party.

Such a worker shall have the same right as nationals to register on the housing lists in the region in which he is employed, where such lists exist; he shall enjoy the resultant benefits and priorities.

If his family has remained in his state of provenance, it shall be considered for this purpose as residing in the said region, where national workers benefit from a similar presumption.

Article 10Public service employment

A national of a Contracting Party pursuing an activity as an employed person may be refused the right to take up employment in the public service which involves the exercise of public power and is intended to protect the general interests of the state or other public bodies.

Article 11

Cooperation in relation to employment services.

The Contracting Parties shall cooperate, within the EURES (European Employment Services) network, in particular in setting up contacts, matching job vacancies and applications and exchanging information on the state of the labour market and living and working conditions.

III. SELF-EMPLOYED PERSONS

Article 12Rules regarding residence

Article 13Self-employed frontier workers

The relevant authorities of the state concerned may nevertheless issue a self-employed frontier worker with a special permit valid for at least five years provided that he produces evidence to the competent national authorities that he is pursuing or wishes to pursue a self-employed activity. The permit shall be extended for at least five years, provided that the frontier worker produces evidence that he is pursuing a self-employed activity.

Article 14Occupational and geographical mobility

Article 15Equal treatment

Article 16Exercise of public authority

A self-employed person may be denied the right to pursue an activity involving, even on an occasional basis, the exercise of public authority.

IV. PROVISION OF SERVICES

Article 17Persons providing services

With regard to the provision of services, the following shall be prohibited under Article 5 of this Agreement: (a) any restriction on the cross-frontier provision of services in the territory of a Contracting Party not exceeding 90 days of actual work per calendar year; (b) any restriction on the right of entry and residence in the cases covered by Article 5(2) of this Agreement concerning: (i) persons providing services who are nationals of the Member States of the European Community or Switzerland and are established in the territory of a Contracting Party other than that of the person receiving services; (ii) employees, irrespective of their nationality, of persons providing services, who are integrated into one Contracting Party's regular labour market and posted for the provision of a service in the territory of another Contracting Party without prejudice to

Article 1

Article 18The provisions of Article 17 of this Annex shall apply to companies

formed in accordance with the law of a Member State of the European Community or Switzerland and having their registered office, central administration or principal place of business in the territory of a Contracting Party.

Article 19A person providing services who has the right or has been authorised

to provide a service may, for the purposes of its provision, temporarily pursue his activity in the state in which the service is provided on the same terms as those imposed by that state on its own nationals, in accordance with the provisions of this Annex and Annexes II and III.

Article 201. Persons referred to in Article 17(b) of this Annex who have the

right to provide a service shall not require a residence permit for periods of residence of 90 days or less. Such residence shall be covered by the documents referred to in Article 1, by virtue of which they entered the territory.

Article 211. The total duration of provision of services under Article 17(a)

of this Annex, whether continuous or consisting of successive periods of provision, may not exceed 90 days of actual work per calendar year.

Article 221. The provisions of Articles 17 and 19 of this Annex shall not

apply to activities involving, even on an occasional basis, the exercise of public authority in the Contracting Party concerned.

Article 23Persons receiving services

V. PERSONS NOT PURSUING AN ECONOMIC ACTIVITY

Article 24Rules regarding residence

The Contracting Parties may, if they consider it necessary, require the residence permit to be revalidated at the end of the first two years of residence.

The unemployment benefits to which they are entitled under national law which is, where appropriate, complemented by the provisions of Annex II, shall be considered to be financial means within the meaning of paragraphs 1(a) and 2 of this Article.

Residence permits for students shall be extended annually for a duration equal to the remaining training period.

VI. PURCHASE OF IMMOVABLE PROPERTY

Article 251. A national of a Contracting Party who has a right of residence

and his principal residence in the host state shall enjoy the same rights as a national as regards the purchase of immovable property.

He may set up his principal residence in the host state at any time in accordance with the relevant national rules irrespective of the duration of his employment. Leaving the host state shall not entail any obligation to dispose of such property.

VII. TRANSITIONAL PROVISIONS AND DEVELOPMENT OF THE AGREEMENT

Article 26General provisions

Article 27Rules relating to the residence of employed persons

Article 28Employed frontier workers

Article 29Employed persons' right to return

Article 30Employed persons' occupational and geographical mobility

Article 31Rules relating to the residence of self-employed persons

A national of a Contracting Party wishing to become established in the territory of another Contracting Party in order to pursue a self-employed activity (hereinafter referred to as a "self-employed worker") shall receive a residence permit valid for a period of six months. He shall receive a residence permit valid for at least five years provided that he proves to the competent national authorities before the end of the six-month period that he is pursuing a self-employed activity. If necessary, the six-month period may be extended by a maximum of two months if there is a genuine likelihood that he will produce such proof.

Article 32Self-employed frontier workers

Article 33Self-employed persons' right to return

Article 34Self-employed persons' occupational and geographical mobility

Special permits issued to self-employed frontier workers shall confer the right to occupational and geographical mobility within the frontier zones of Switzerland or its neighbouring states.

Preliminary six-month residence permits issued in advance (in the case of frontier workers, special permits) shall confer the right only to geographical mobility.

ANNEX II CO-ORDINATION OF SOCIAL SECURITY SCHEMES

Article 11. The contracting parties agree, with regard to the coordination of

social security schemes, to apply among themselves the Community acts to which reference is made, as in force at the date of signature of the Agreement and as amended by section A of this Annex, or rules equivalent to such acts.

Article 21. For the purposes of applying the provisions of this Annex, the

contracting parties shall take into consideration the Community acts referred to in or amended by section B of this Annex.

Article 31. The arrangements relating to unemployment insurance for Community

workers holding a Swiss residence permit valid for less than one year are set out in a protocol to this Annex.

SECTION A: ACTS REFERRED TO

397 R 118: Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28, 30.1.1997, p. 1) modifying and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

397 R 1290: Council Regulation (EC) No 1290/97 of 27 June 1997 (OJ L 176, 4.7.1997, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

398 R 1223: Council Regulation (EC) No 1223/98 of 4 June 1998 (OJ L 168, 13.6.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

398 R 1606: Council Regulation (EC) No 1606/98 of 29 June 1998 (OJ L 209, 25.7.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

399 R 307: Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ L 38, 12.2.1999, p. 1) amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover students.

For the purposes of this Agreement, the Regulation shall be adapted as follows: (a) Article 95a shall not be applicable; (b) Article 95b shall not be applicable; (c) The following shall be added to Annex I, section I:

Switzerland If a Swiss institution is the competent institution for granting healthcare benefits in accordance with Title III Chapter 1 of the Regulation:

An employed worker within the meaning of the Federal Old-Age and Survivors' Insurance Act shall be deemed an "employed person" within the meaning of Article 1(a)(ii) of the Regulation.

A self-employed worker within the meaning of the Federal Old-Age and Survivors' Insurance Act shall be deemed a "self-employed person" within the meaning of Article 1(a)(ii) of the Regulation. (d) The following shall be added to Annex I, section II:

Switzerland For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Title III Chapter 1 of the Regulation, "member of the family" shall mean the spouse as well as the children under the age of 18 and those under the age of 25 attending school, pursuing studies or undergoing an apprenticeship. (e) The following shall be added to Annex II, section I:

Switzerland The cantonal schemes (GraubŽnden, Lucerne, St. Gallen) for family allowances for self-employed persons. (f) The following shall be added to Annex II, section II:

Switzerland Birth grants and adoption grants pursuant to the relevant cantonal legislation on family benefits (Fribourg, Geneva, Jura, Lucerne, Neuchņtel, Schaffhausen, Schwyz, Solothurn, Uri, Valais, Vaud). (g) The following shall be added to Annex II, section III:

Switzerland Does not apply. (h) The following shall be added to Annex IIa:

Switzerland (a) Supplementary benefits (Federal Supplementary Benefits Act of 19 March 1965) and similar benefits provided for under cantonal legislation. (b) Pensions in the case of hardship under invalidity insurance (Article 28 subpara. 1a of the Federal Invalidity Insurance Act of 19 June 1959, as amended on 7 October 1994). (c) Non-contributory mixed benefits in the event of unemployment, as provided for under cantonal legislation. (i) The following shall be added to Annex III, Part A:

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) Article 4(2) as regards the payment of cash benefits to persons resident in a third country (ii) point 9b, paragraph 1, Nos 2-4 of the Final Protocol (iii) point 9e, paragraph 1(b), first, second and fourth sentences, of the Final Protocol. (b) Convention on unemployment insurance of 20 October 1982, as amended by the Additional Protocol of 22 December 1992, (i) Article 7(1) (ii) Article 8(5). Germany (district of BŽsingen) 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.

Austria-Switzerland Article 4 of the Convention on social security of 15 November 1967, as amended by Complementary Conventions No 1 of 17 May 1973, No 2 of 30 November 1977, No 3 of 14 December 1987 and No 4 of 11 December 1996, as regards the payment of cash benefits to persons resident in a third country.

Belgium-Switzerland (a) Article 3(1) of the Convention on social security of 24 September 1975 as regards the payment of cash benefits to persons resident in a third country. (b) Point 4 of the Final Protocol to the said Convention as regards the payment of cash benefits to persons resident in a third country.

Denmark-Switzerland Article 6 of the Convention on social security of 5 January 1983, as amended by Complementary Conventions No 1 of 18 September 1985 and No 2 of 11 April 1996, as regards the payment of cash benefits to persons resident in a third country.

Spain-Switzerland (a) Article 2 of the Convention on social security of 13 October 1969, as amended by the Complementary Convention of 11 June 1982, as regards the payment of cash benefits to persons resident in a third country. (b) Point 17 of the Final Protocol to the above Convention; persons insured under the Spanish scheme by virtue of this provision are exempted from the requirement to join the Swiss sickness insurance scheme.

Finland-Switzerland Article 5(2) of the Convention on social security of 28 June 1985.

France-Switzerland Article 3(1) of the Convention on social security of 3 July 1975, as regards the payment of cash benefits to persons resident in a third country.

Greece-Switzerland Article 4 of the Convention on social security of 1 June 1973, as regards the payment of cash benefits to persons resident in a third country.

Italy-Switzerland (a) Article 3, second sentence, 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, as regards the payment of cash benefits to persons resident in a third country. (b) Article 9(1) of the said Convention.

Luxembourg-Switzerland Article 4(2) of the Convention on social security of 3 June 1969, as amended by the Complementary Convention of 26 March 1976.

Netherlands-Switzerland Article 4, second sentence, of the Convention on social security of 27 May 1970.

Portugal-Switzerland Article 3, second sentence, of the Convention on social security of 11 September 1975, as amended by the Complementary Convention of 11 May 1994, as regards the payment of cash benefits to persons resident in a third country.

United Kingdom-Switzerland Article 3 (1) and (2) of the Convention on social security of 21 February 1968, as regards the payment of cash benefits to persons resident in a third country.

Sweden-Switzerland Article 5 (2) of the Convention on social security of 20 October 1978. (j) The following shall be added to Annex III, Part B:

Germany-Switzerland (a) Article 4(2) of the 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, as regards the payment of cash benefits to persons resident in a third country. (b) Convention on unemployment insurance of 20 October 1982, as amended by the Additional Protocol of 22 December 1992, (i) Article 7(1) (ii) Article 8(5). Germany (district of BŽsingen) 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.

Austria-Switzerland Article 4 of the Convention on social security of 15 November 1967, as amended by Complementary Conventions No 1 of 17 May 1973, No 2 of 30 November 1977, No 3 of 14 December 1987 and No 4 of 11 December 1996, as regards the payment of cash benefits to persons resident in a third country.

Belgium-Switzerland (a) Article 3(1) of the Convention on social security of 24 September 1975, as regards the payment of cash benefits to persons resident in a third country. (b) Point 4 of the Final Protocol to the said Convention, as regards the payment of cash benefits to persons resident in a third country.

Denmark-Switzerland Article 6 of the Convention on social security of 5 January 1983, as amended by Complementary Conventions No 1 of 18 September 1985 and No 2 of 11 April 1996, as regards the payment of cash benefits to persons resident in a third country.

Spain-Switzerland (a) Article 2 of the Convention on social security of 13 October 1969, as amended by the Complementary Convention of 11 June 1982, as regards the payment of cash benefits to persons resident in a third country. (b) Point 17 of the Final Protocol to the above Convention; persons insured under the Spanish scheme by virtue of this provision are exempted from the requirement to join the Swiss sickness insurance scheme.

Finland-Switzerland Article 5(2) of the Convention on social security of 28 June 1985.

France-Switzerland Article 3(1) of the Convention on social security of 3 July 1975, as regards the payment of cash benefits to persons resident in a third country.

Greece-Switzerland Article 4 of the Convention on social security of 1 June 1973, as regards the payment of cash benefits to persons resident in a third country.

Italy-Switzerland (a) Article 3, second sentence, of the Convention on social security of 14 December 1962, as amended by the Complementary Convention 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, as regards the payment of cash benefits to persons resident in a third country. (b) Article 9(1) of the said Convention.

Luxembourg-Switzerland Article 4(2) of the Convention on social security of 3 June 1967, as amended by the Complementary Convention of 26 March 1976.

Netherlands-Switzerland Article 4, second sentence, of the Convention on social security of 27 May 1970.

Portugal-Switzerland Article 3, second sentence, of the Convention on social security of 11 September 1975, as amended by the Complementary Convention of 11 May 1994, as regards the payment of cash benefits to persons resident in a third country.

United Kingdom-Switzerland Article 3 (1) and (2) of the Convention on social security of 21 February 1968, as regards the payment of cash benefits to persons resident in a third country.

Sweden-Switzerland Article 5 (2) of the Convention on social security of 20 October 1978. (k) The following shall be added to Annex IV, Part A:

Switzerland None. (l) The following shall be added to Annex IV, Part B:

Switzerland None. (m) The following shall be added to Annex IV, part C:

Switzerland All claims for old-age, survivors' and invalidity pensions under the basic scheme and old-age pensions under the occupational benefit plans. (n) The following shall be added to Annex IV, Part D2:

Survivors' and invalidity pensions under the Federal Law on occupational benefits plans for old-age, survivors' and invalidity insurance of 25 June 1982. (o) The following shall be added to Annex VI:

Title II of the Regulation

(ii) persons for whom Switzerland is the competent State under Articles 28, 28a or 29 of the Regulation (iii) persons receiving Swiss unemployment insurance benefits (iv) members of the family of these persons or of a worker resident in Switzerland who is insured under the Swiss sickness insurance scheme, except if these family members are resident in one of the following States: Denmark, Spain, Portugal, Sweden, United Kingdom. (b) Persons referred to in a) may, on request, be exempted from compulsory insurance if they are resident in one of the following States and can prove that they are eligible there for cover in the event of sickness: Germany, Austria, Finland, Italy and, with regard to persons referred to in a) i)-iii), Portugal.

This request must be submitted within three months of the date on which the obligation to take out insurance in Switzerland comes into effect; where the request is submitted after this deadline, the insurance shall take effect as from the date of affiliation.

Title III Chapter 3 of the Regulation, be regarded as being insured

by that insurance for the purposes of granting of an ordinary invalidity pension (a) for a period of one year with effect from the day on which work preceding invalidity was interrupted, if he had to give up his gainful employment or self-employment in Switzerland owing to an accident or an illness and if the invalidity was diagnosed in this country; he shall be obliged to pay contributions to old-age, survivors' and invalidity insurance as if he were domiciled in Switzerland (b) for the period for which he undergoes rehabilitation measures under invalidity insurance after having ceased his gainful employment or self-employment; he shall then remain subject to the obligation to pay contributions to old-age, survivors' and invalidity insurance (c) in cases where (a) and (b) are not applicable, (i) if he is insured under the old-age, survivors' or invalidity insurance of another State to which this Agreement applies on the date on which the risk insured against materialises within the meaning of Swiss legislation on invalidity insurance; or (ii) if he is entitled to claim a pension under the invalidity or old-age insurance of another State to which the Agreement applies or if he receives such a pension; or (iii) if he is incapable of working while subject to the legislation of another State to which the Agreement applies and is entitled to claim the payment of benefits from a sickness or accident insurance scheme of that State or if he receives such benefit; or (iv) if he is entitled to claim, because of unemployment, the payment of benefits from the unemployment insurance scheme of another State to which the Agreement applies or if he receives such benefit; or (v) if he has worked in Switzerland as a frontier worker and if, during the three years immediately preceding the materialisation of the risk within the meaning of Swiss legislation, he has paid contributions for at least twelve months in accordance with that legislation.

Pursuit of self-employment in Switzerland and of employment in any other State to which this Agreement applies.

397 R 118: Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28, 30.1.1997, p. 1) modifying and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71 397 R 1290: Council Regulation (EC) No 1290/97 of 27 June 1997 (OJ L 176, 4.7.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71 398 R 1223: Council Regulation (EC) No 1223/98 of 4 June 1998 (OJ L 168, 13.6.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71 398 R 1606: Council Regulation (EC) No 1606/98 of 29 June 1998 (OJ L 209, 25.7.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

399 R 307: Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ L 38, 12.2.1999, p. 1) amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying downthe procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover students.

For the purposes of this Agreement, the Regulation shall be adapted as follows: (a) The following shall be added to Annex 1:

Switzerland 1. Bundesamt fŽr Sozialversicherung, Bern - Office fłdłral des assurances sociales, Berne - Ufficio federale delle assicurazioni sociali, Berna (Federal Social Insurance Office, Berne).

Switzerland 1. Sickness and maternity Versichherer - Assureur - Assicuratore (Insurer) under the Federal Sickness Insurance Act providing cover to the person concerned.

IV Stelle - Office AI - Ufficio AI (Invalidity insurance office) of the canton in which they are resident. (ii) Persons not resident in Switzerland:

IV-Stelle fŽr Versicherte im Ausland, Genf - Office AI pour les assurłs š l'łtranger, Genųve - Ufficio AI per gli assicurati all'estero, Ginevra (Invalidity insurance office for persons insured abroad, Geneva) (b) Occupational benefit plans:

Pension fund of which the most recent employer is a member.

Ausgleichskasse - Caisse de compensation - Cassa di compensazione, š laquelle les contributions ont łtł payłes en dernier lieu (Compensation fund) to which contributions have been paid most recently. (ii) Persons not resident in Switzerland:

Schweizerische Ausgleichskasse, Genf - Caisse suisse de compensation, Genųve - Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva). (b) Occupational benefit plans:

Pension fund of which the most recent employer is a member.

Insurer against accidents with which the employer is insured. (b) Self-employed persons:

Insurer against accidents with which the person concerned is voluntarily insured.

Unemployment insurance fund chosen by the worker. (b) Partial unemployment:

Unemployment insurance fund chosen by the employer.

Kantonale Ausgleichskasse - Caisse cantonale de compensation - Cassa cantonale di compensazione (cantonal compensation fund) of which the employer is a member. (ii) Self-employed persons:

Kantonale Ausgleichskasse - Caisse cantonale de compensation - Cassa cantonale di compensazione (cantonal compensation fund) of the canton of residence. (b) Cantonal schemes: (i) Employed persons:

Familienausgleichskasse - Caisse de compensation familiale - Cassa di compensazione familiale (family compensation fund) of which the worker is a member, or the employer. (ii) Self-employed persons:

The institution designated by the canton. (c) The following shall be added to Annex 3:

Switzerland 1. Sickness and maternity Gemeinsame Einrichtung KVG, Solothurn - Institution commune LaMal, Soleure - Istituzione commune LaMal, Soletta (common institution under the Federal Sickness Insurance Act, Solothurn).

Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP (Guarantee Fund).

Schweizerische Ausgleichskasse, Genf - Caisse suisse de compensation, Genųve - Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva). (b) Occupational benefit plans:

Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP (Guarantee Fund).

Unemployment insurance fund chosen by the employed person. (b) Partial unemployment:

Unemployment insurance fund chosen by the employer.

Switzerland 1. Sickness and maternity Gemeinsame Einrichtung KVG, Solothurn - Institution commune LaMal, Soleure - Istituzione commune LaMal, Soletta (common institution under the Federal Sickness Insurance Act, Solothurn).

Schweizerische Ausgleichskasse, Genf - Caisse suisse de compensation, Genųve - Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva). (b) Occupational benefit plans:

Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP (Guarantee Fund).

Schweizerische Ausgleichskasse, Genf - Caisse suisse de compensation, Genųve - Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva). (b) Occupational benefit plans:

Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP (Guarantee Fund).

Switzerland None. (f) The following shall be added to Annex 6:

Switzerland Direct payment. (g) The following shall be added to Annex 7:

Switzerland Schweizerische Nationalbank, ZŽrich - Banque nationale Suisse, Zurich - Banca nazionale svizzera, Zurigo (Swiss National Bank, Zurich). (h) The following shall be added to Annex 8:

Switzerland None. (i) The following shall be added to Annex 9:

Switzerland The annual average cost of benefits in kind is calculated by taking into account the benefits granted by insurers under federal legislation on sickness insurance. (j) The following shall be added to Annex 10:

Switzerland 1. For the application of Article 11(1) of the implementing Regulation: (a) in relation to Article 14(1) and 14b(1) of the Regulation:

Ausgleichskasse der Alters-, Hinterlassenen- und Invalidenversicherung - Caisse de compensation de l'assurance-vieillesse, survivants et invaliditł - Cassa die compensazione dell'assicurazione vecchiaia, superstiti e invaliditš (the competent compensation fund for old-age, survivors' and invalidity insurance) (b) in relation to Article 17 of the Regulation:

Bundesamt fŽr Sozialversicherung, Bern - Office fłdłral des assurances sociales, Berne - Ufficio federale delle assicurazioni sociali, Berna (Federal Social Insurance Office, Berne).

Ausgleichskasse der Alters-, Hinterlassenen- und Invalidenversicherung - Caisse de compensation de l'assurance-vieillesse, survivants et invaliditł - Cassa die compensazione dell'assicurazione vecchiaia, superstiti e invaliditš (the competent compensation fund for old-age, survivors' and invalidity insurance) (b) in relation to Article 17 of the Regulation:

Bundesamt fŽr Sozialversicherung, Bern - Office fłdłral des assurances sociales, Berne - Ufficio federale delle assicurazioni sociali, Berna (Federal Social Insurance Office, Berne).

Gemeindeverwaltung - Administration communale - Amministrazione communale Ausgleichskasse der Alters-, Hinterlassenen- und Invalidenversicherung - Caisse de compensation de l'assurance-vieillesse, survivants et invaliditł - Cassa die compensazione dell'assicurazione vecchiaia, superstiti e invaliditš) (the competent compensation fund for old-age, survivors' and invalidity insurance).

EidgenŠssische Ausgleichskasse, Bern - Caisse fłdłrale de compensation, Berne - Cassa federale di compensazione, Berna (Federal Compensation Fund, Berne).

Bundesamt fŽr Wirtschaft und Arbeit, Bern - Office fłdłral du dłveloppement łconomique et de l'emploi, Berne - Ufficio federale dello sviluppo economico e del lavoro, Berna (Federal Office for Industry and Labour, Berne).

Gemeinsame Einrichtung KVG, Solothurn - Institution commune LaMal, Soleure - Istituzione commune LaMal, Soletta (common institution under the Federal Sickness Insurance Act, Solothurn) (b) in relation to Article 63 of the Regulation:

Schweizerische Unfallversicherungsanstalt, Luzern - Caisse nationale Suisse d'assurance en cas d'accidents, Lucerne - Cassa nazionale svizzera di assicurazione contro gli incidenti, Lucerna (Swiss National Accident Insurance Fund, Lucerne) (c) in relation to Article 70 of the Regulation:

Bundesamt fŽr Wirtschaft und Arbeit, Bern - Office fłdłral du dłveloppement łconomique et de l'emploi, Berne - Ufficio federale dello sviluppo economico e del lavoro, Berna (Federal Office for Industry and Labour, Berne).

Gemeinsame Einrichtung KVG, Solothurn - Institution commune LaMal, Soleure - Istituzione commune LaMal, Soletta (common institution under the Federal Sickness Insurance Act, Solothurn) (b) in relation to Article 62(1) of the implementing Regulation:

Schweizerische Unfallversicherungsanstalt, Luzern - Caisse nationale Suisse d'assurance en cas d'accidents, Lucerne - Cassa nazionale svizzera di assicurazione contro gli incidenti, Lucerna (Swiss National Accident Insurance Fund, Lucerne). (k) The following shall be added to Annex 11:

Switzerland None.

SECTION B: ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE

ACCOUNT 4.1. 373 D 0919(02): Decision No 74 of 22 February 1973 concerning the provision of medical care in cases of temporary stay under Article 22(1)(a)(i) of Council Regulation (EEC) No 1408/71 and Article 21 of Council Regulation (EEC) No 574/72 (OJ C 75, 19.9.1973, p. 4).

4.2. 373 D 0919(03): Decision No 75 of 22 February 1973 concerning the investigation of applications for review made under Article 94(5) of Council Regulation (EEC) No 1408/71 by invalidity pensioners (OJ C 75, 19.9.1973, p. 5).

4.3. 373 D 0919(06): Decision No 78 of 22 February 1973 concerning the interpretation of Article 7(1)(a) of Council Regulation (EEC) No 574/72 relating to the procedure for implementing the provisions on reduction and suspension (OJ C 75, 19.9.1973, p. 8).

4.4. 373 D 0919(07): Decision No 79 of 22 February 1973 concerning the interpretation of Article 48(2) of Council Regulation (EEC) No 1408/71 relating to the aggregation of insurance periods treated as such with regard to insurance for invalidity, old age and death (OJ C 75, 19.9.1973, p. 9).

4.5. 373 D 0919(09): Decision No 81 of 22 February 1973 concerning aggregation of insurance periods completed in a specific employment pursuant to Article 45(2) of Council Regulation (EEC) No 1408/71 (OJ C 75, 19.9.1973, p. 11).

4.6. 373 D 0919(11): Decision No 83 of 22 February 1973 concerning the interpretation of Article 68(2) of Council Regulation (EEC) No 1408/71 and of Article 82 of Council Regulation (EEC) No 574/72 relating to increases in unemployment benefit for dependent members of the family (OJ C 75, 19.9.1973, p. 14).

4.7. 373 D 0919(13): Decision No 85 of 22 February 1973 concerning the interpretation of Article 57(1) of Council Regulation (EEC) No 1408/71 and of Article 67(3) of Council Regulation (EEC) No 574/72 relating to the determination of the applicable legislation and the institution competent for the granting of benefits in respect of occupational diseases (OJ C 75, 19.9.1973, p. 17).

4.8. 373 D 1113(02): Decision No 86 of 24 September 1973 concerning the methods of operation and the composition of the Audit Board of the Administrative Commission of the European Communities on social security for migrant workers (OJ C 96, 13.11.1973, p. 2), as amended by:

395 D 0512: Decision No 159 of 3 October 1995 (OJ L 294, 8.12.1995, p. 38).

4.9. 374 D 0720(06): Decision No 89 of 20 March 1973 concerning the interpretation of Article 16(1) and (2) of Council Regulation (EEC) No 1408/71 relating to persons employed by diplomatic missions and consular posts (OJ C 86, 20.7.1974, p. 7).

4.10. 374 D 0720(07): Decision No 91 of 12 July 1973 concerning the interpretation of Article 46(3) of Council Regulation (EEC) No 1408/71 relating to the award of benefits due under paragraph 1 of the said Article (OJ C 86, 20.7.1974, p. 8).

4.11. 374 D 0823(04): Decision No 95 of 24 January 1974 concerning the interpretation of Article 46(2) of Council Regulation (EEC) No 1408/71 on the calculation of pro rata pensions (OJ C 99, 23.8.1974, p. 5).

4.12. 374 D 1017(03): Decision No 96 of 15 March 1974 concerning the revision of rights to benefit pursuant to Article 49(2) of Council Regulation (EEC) No 1408/71 (OJ C 126, 17.10.1974, p. 23).

4.13. 375 D 0705(02): Decision No 99 of 13 March 1975 concerning the interpretation of Article 107(1) of Council Regulation (EEC) No 574/72 with regard to the obligation to recalculate current benefits (OJ C 150, 5.7.1975, p. 2).

4.14. 375 D 0705(03): Decision No 100 of 23 January 1975 concerning the refund of cash benefits provided by the institution of the place of stay or of residence on behalf of the competent institution and the details of refunding these benefits (OJ C 150, 5.7.1975, p. 3).

4.15. 376 D 0526(03): Decision No 105 of 19 December 1975 on the implementation of Article 50 of Council Regulation (EEC) No 1408/71 (OJ C 117, 26.5.1976, p. 3).

4.16. 378 D 0530(02): Decision No 109 of 18 November 1977 amending Decision No 92 of 22 November 1973, concerning the concept of sickness and maternity insurance benefits in kind referred to in Articles 19(1) and (2), 22, 25(1), (3) and (4), 26, 28(1), 28a, 29 and 31 of Council Regulation (EEC) No 1408/71 and the determination of the amounts to be refunded under Articles 93, 94 and 95 of Council Regulation (EEC) No 574/72, as well as the advances to be paid in pursuance of Article 102(4) of the same Regulation (OJ C 125, 30.5.1978, p. 2).

4.17. 383 D 0115: Decision No 115 of 15 December 1982 concerning the granting of prostheses, major appliances and other substantial benefits in kind provided for in Article 24(2) of Council Regulation (EEC) No 1408/71 (OJ C 193, 20.7.1983, p. 7).

4.18. 383 D 0117: Decision No 117 of 7 July 1982 concerning the conditions for implementing Article 50(1)(a) of Council Regulation (EEC) No 574/72 (OJ C 238, 7.9.1983, p. 3), as amended by:

1 94 N: Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21, as amended by OJ L 1, 1.1.1995, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

The following shall be added to Article 2 No 2:

Switzerland Schweizerische Ausgleichskasse, Genf - Caisse suisse de compensation, Genųve - Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

4.19. 83 D 1112(02): Decision No 118 of 20 April 1983 concerning the conditions for implementing Article 50(1)(b) of Council Regulation (EEC) No 574/72 (OJ C 306, 12.11.1983, p. 2), as amended by:

1 94 N: Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21 as amended by OJ L 1, 1.1.1995, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

The following shall be added to Article 2 No 4:

Switzerland Schweizerische Ausgleichskasse, Genf - Caisse suisse de compensation, Genųve - Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

4.20. 383 D 1102(03): Decision No 119 of 24 February 1983 concerning the interpretation of Article 76 and Article 79(3) of Council Regulation (EEC) No 1408/71 and of Article 10(1) of Council Regulation (EEC) No 574/72 relating to the overlapping of family benefits and allowances (OJ C 295, 2.11.1983, p. 3).

4.21. 383 D 0121: Decision No 121 of 21 April 1983 concerning the interpretation of Article 17(7) of Council Regulation (EEC) No 574/72 relating to the granting of prostheses, major appliances and other substantial benefits in kind (OJ C 193, 20.7.1983, p. 10).

4.22. 386 D 0126: Decision No 126 of 17 October 1985 concerning the application of Articles 14(1)(a), 14a(1)(a), 14b(1) and (2) of Council Regulation (EEC) No 1408/71 (OJ C 141. 7.6.1986, p. 3).

4.23. 387 D XXX: Decision No 132 of 23 April 1987 concerning the interpretation of Article 40(3)(a)(ii) of Council Regulation (EEC) No 1408/71 (OJ C 271, 9.10.1987, p. 3).

4.24. 387 D 284: Decision No 133 of 2 July 1987 concerning the application of Articles 17(7) and 60(6) of Council Regulation (EEC) No 574/72 (OJ C 284, 22.10.1987, p. 3 and OJ C 64, 9.3.1988, p. 13).

4.25. 388 D XXX: Decision No 134 of 1 July 1987 concerning the interpretation of Article 45(2) of Council Regulation (EEC) No 1408/71 relating to aggregation of insurance periods completed in an occupation subject to a special scheme in one or more Member States (OJ C 64, 9.3.1988, p. 4).

4.26. 388 D XXX: Decision No 135 of 1 July 1987 concerning the granting of benefits in kind provided for in Article 17(7) and Article 60(6) of Council Regulation (EEC) No 574/72 and the concept of urgency within the meaning of Article 20 of Council Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Articles 17(7) and 60(6) of Council Regulation(EEC) No 574/72 (OJ C 281, 9.3.1988, p. 7), as amended by:

1 94 N: Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21 as amended by OJ L 1, 1.1.1995, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

The following shall be added to Article 2 No 2: "CHF 800 for the institution of the place of residence in Switzerland; ".

4.27. 388 D 64: Decision No 136 of 1 July 1987 concerning the interpretation of Article 45(1) to (3) of Council Regulation (EEC) No 1408/71 with regard to the taking into account of insurance periods completed under the legislations of other Member States for the acquisition, retention or recovery of the right to benefits (OJ C 64, 9.3.1988, p. 7), as amended by:

1 94 N: Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21, as amended by OJ L 1, 1.1.1995, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

The following shall be added to the Annex:

Switzerland None.

4.28. 389 D 606: Decision No 137 of 15 December 1988 concerning the application of Article 15(3) of Council Regulation (EEC) No 574/72 (OJ C 140, 6.6.1989, p. 3).

4.29. 389 D XXX: Decision No 138 of 17 February 1989 concerning the interpretation of Article 22 (1)(c)(i) of Council Regulation (EEC) No 1408/71 in the case of organ transplants or other forms of surgery requiring tests on biological samples while the person concerned is not present in the Member State where the tests are carried out (OJ C 287, 15.11.1989, p. 3).

4.30. 390 D XXXX: Decision No 139 of 30 June 1989 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 107 of Council Regulation (EEC) No 574/72 to be applied when calculating certain benefits and contributions (OJ C 94, 12.4.1990, p. 3).

4.31. 390 D XXX: Decision No 140 of 17 October 1989 concerning the rate of conversion to be applied by the institution of a wholly unemployed frontier worker's place of residence to the last wage or salary he received in the competent State (OJ C 94, 12.4.1990, p.

4.32. 390 D XXX: Decision No 141 of 17 October 1989 amending Decision No 127 of 17 October 1985 concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Regulation (EEC) No 574/72/EEC (OJ C 94, 12.4.1990, p. 5).

4.33. 390 D XXX: Decision No 142 of 13 February 1990 concerning the application of Articles 73, 74 and 75 of Council Regulation (EEC) No 1408/71 (OJ C 80, 30.3.1990, p. 7).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations: (a) No 1 shall not apply. (b) No 3 shall not apply.

4.34. 391 D 140: Decision No 144 of 9 April 1990 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E401-E410 F) (OJ L 71, 18.3.1991, p.

4.35. 391 D 425: Decision No 147 of 11 October 1990 concerning the application of Article 76 of Council Regulation (EEC) No 1408/71 (OJ L 235, 23.8.1991, p. 21), as amended by:

395 D 2353: Decision No 155 of 6 July 1994 (E401-E411) (OJ L 209, 5.9.1995, p. 1).

4.36. 393 D 22: Decision No 148 of 25 June 1992 concerning the use of the certificate concerning the applicable legislation (Form E101) where the period of posting does not exceed three months (OJ L 22, 30.1.1993, p. 124).

4.37. 393 D 825: Decision No 150 of 26 June 1992 concerning the application of Articles 77, 78 and 79(3) of Regulation (EEC) No 1408/71 and of Article 10(1)(b)(ii) of Regulation (EEC) No 574/72 (OJ C 229, 25.8.1993, p. 5), as amended by:

1 94 N: Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21, as amended by OJ L 1, 1.1.1995, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

Switzerland Schweizerische Ausgleichskasse, Genf - Caisse suisse de compensation, Genųve - Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

4.38. 394 D 602: Decision No 151 of 22 April 1993 concerning the application of Article 10a of Regulation (EEC) No 1408/71 and Article 2 of Regulation (EEC) No 1247/92 (OJ L 244, 19.9.1994, p.

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

The following shall be added to the Annex:

Switzerland 1. Invalidity, old age and death (a) Invalidity insurance:

Schweizerische Ausgleichskasse, Genf - Caisse suisse de compensation, Genųve - Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva). (b) Occupational welfare benefit:

Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP.

Provident institution under the Federal Act on occupational benefit plans for old-age, survivors' and invalidity insurance.

4.39. 394 D 604: Decision No 153 of 7 October 1993 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E001, E103-E127) (OJ L 244, 19.9.1994, p. 22).

4.40. 394 D 605: Decision No 154 of 8 February 1994 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E301, E302, E303) (OJ L 244, 19.9.1994, p. 123).

4.41. 395 D 353: Decision No 155 of 6 July 1994 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E401-E411) (OJ L 244, 5.9.1995, p. 1).

4.42. 395 D 0419: Decision No 156 of 7 April 1995 concerning the rules of priority with regard to sickness and maternity insurance (OJ L 249, 17.10.1995, p. 41).

4.43. 396 D 732: Decision No 158 of 27 November 1995 on the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E201-E215) (OJ L 336, 27.12.1996, p. 1).

4.44. 395 D 512: Decision No 159 of 3 October 1995 amending Decision No 86 of 24 September 1973 concerning the methods of operation and the composition of the Audit Board of the Administrative Commission of the European Communities on Social Security for Migrant Workers (OJ L 294, 8.12.1995 p. 38).

4.45. 396 D 172: Decision No 160 of 28 November 1995 concerning the scope of Article 71(1)(b)(ii) of Council Regulation (EEC) No 1408/71 relating to the right to unemployment benefits of workers, other than frontier workers, who, during their last employment, were resident in the territory of a Member State other than the competent State (OJ L 49, 28.2.1996, p. 31).

4.46. 396 D 249: Decision No 161 of 15 February 1996 concerning the reimbursement by the competent institution of a Member State of the costs incurred during a stay in another Member State by means of the procedure referred to in Article 34(4) of Regulation (EEC) No 574/72 (OJ L 83, 2.4.1996, p. 19).

4.47. 396 D 554: Decision No 162 of 31 May 1996 concerning the interpretation of Articles 14(1) and 14b(1) of Council Regulation (EEC) No 1408/71 on the legislation applicable to posted workers (OJ L 241, 21.9.1996, p. 28).

4.48. 396 D 555: Decision No 163 of 31 May 1996 concerning the interpretation of Article 22(1)(A) of Regulation (EEC) No 1408/71 in respect of persons undergoing dialysis or oxygen therapy (OJ L 241, 21.9.1996, p. 31).

4.49. 397 D 533: Decision No 164 of 27 November 1996 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 101 and E 102) (OJ L 216 du 8.8.1997, p. 85).

4.50. 397 D 0823: Decision No 165 of 30 June 1997 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E128 and E128B) (OJ L 341, 12.12.1997, p. 61).

4.51. 398 D 0441: Decision No 166 of 2 October 1997 on the amending of forms E106 and E109 (OJ L 195, 11.7.1998, p. 25).

4.52. 398 D 0442: Decision No 167 of 2 December 1997 amending Decision No 146 of 10 October 1990 concerning the interpretation of Article 94(9) of Regulation (EEC) No 1408/71 (OJ L 195, 11.7.1998, p. 35).

4.53. 398 D 0443: Decision No 168 of 11 June 1998 on the amending of forms E121 and E127 and the discontinuance of form E122 (OJ L 195, 11.7.1998, p. 37).

4.54. 398 D 0444: Decision No 169 of 11 June 1998 concerning the methods of operation and the composition of the Technical Commission on Data Processing of the Administrative Commission of the European Communities on Social Security for Migrant Workers (OJ L 195, 11.7.1998, p. 46).

4.55. 398 D 0565: Decision No 170 of 11 June 1998 amending Decision No 141 of 17 October 1989 concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72 of 21 March 1972 (OJ L 275, 10.10.1998, p. 40).

SECTION C: ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties shall take note of the content of the following acts:

5.1. Recommendation No 14 of 23 January 1975 concerning the issue of Form E111 to workers posted abroad (adopted by the Administrative Commission during its 139th meeting on 23 January 1975).

5.2. Recommendation No 15 of 19 December 1980 on the determination of the language of issue of the forms required for the purposes of Regulations (EEC) No 1408/71 and (EEC) No 574/72/EEC (adopted by the Administrative Commission during its 176th meeting on 19 December 1980).

5.3. 385 Y 0016: Recommendation No 16 of 12 December 1984 concerning the conclusion of agreements pursuant to Article 17 of Regulation (EEC) No 1408/71 (OJ C 273, 24.10.1985, p. 3).

5.4. 385 Y 0017: Recommendation No 17 of 12 December 1984 concerning the statistical data to be supplied each year for the drawing up of the reports of the Administrative Commission (OJ C 273, 24.10.1985, p. 3).

5.5 386 Y 0018: Recommendation No 18 of 28 February 1986 relating to the legislation applicable to unemployed persons engaged in part-time work in a Member State other than the State of residence (OJ C 284, 11.11.1986, p. 4).

5.6. 392 Y 19: Recommendation No 19 of 24 November 1992 on the improvement of cooperation among the Member States in implementing the Community Regulations (OJ C 199, 23.7.1993, p. 11).

5.7. 396 Y 592: Recommendation No 20 of 31 May 1996 concerning improvement of the administration and settlement of reciprocal claims (OJ L 259, 12.10.1996, p. 19).

5.8. 397 Y 0304(01): Recommendation No 21 of 28 November 1996 concerning the application of Article 69(1)(a) of Regulation (EEC) No 1408/71 to unemployed persons accompanying their spouses employed in a Member State other than the competent State (OJ C 67, 4.3.1997, p. 3).

5.9. 380 Y 0609(03): Updating of the Declarations of the Member States provided for in Article 5 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ C 139, 9.6.1980, p. 1).

6.0. 381 Y 0613(01): Declarations by Greece provided for in Article 5 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ C 143, 13.6.1981, p. 1).

6.1. 386 Y 0338(01): Updating of the Declarations of the Member States provided for in Article 5 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security