COUNCIL DECISION
of 6 December 2010
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 coordination of social security schemes
(2011/505/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b), 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 (1), 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 (2) (‘the Agreement’) 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, inter alia, to Annex II to the Agreement, dealing with the coordination of social security schemes.
(3)
In order to ensure the coherent and correct application of 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 Protocol on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union applies to this Decision. The Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union also applies to this Decision.
(6)
In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application. In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(7)
The undertakings contained in the Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union are not binding on Denmark, Ireland and the United Kingdom as obligations under Union law but continue to apply as obligations arising from an undertaking between those Member States and the Swiss Confederation,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken by the Union in the Joint Committee established under 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 Joint Committee adopts its Decision referred to in Article 1.
Done at Brussels, 6 December 2010.