**Executive Summary:**
This decision of the EEA Joint Committee amends Annex VI to the EEA Agreement to provide reciprocal protection of social security rights for UK nationals and their families who, by the end of the transition period, are or have been in a cross-border situation involving both an EEA state and the UK. It incorporates provisions from the Withdrawal Agreement and the Separation Agreement. The decision entered into force on 12 December 2020 and applies from the end of the transition period.
**Key Points / Main Content:**
* **Definitions:**
* Defines "Withdrawal Agreement," "Separation Agreement," "States covered," and "transition period" for the purpose of the new Chapter III of Annex VI.
* References to Member States in Union law include the United Kingdom and its authorities.
* **Persons Covered:**
* Applies to UK nationals subject to EEA state legislation at the end of the transition period, those residing in an EEA state subject to UK legislation, and those pursuing activities in EEA states subject to UK legislation, as well as their families and survivors.
* Coverage continues as long as they remain in a situation involving both an EEA state and the UK.
* Also applies to UK nationals covered by Article 10 of the Withdrawal Agreement or Article 9 of the Separation Agreement, and their families and survivors, with continued right to reside or work.
* Family members and survivors are covered only to the extent they derive rights under Regulation EC No 883/2004.
* **Social Security Coordination:**
* Article 29 of the EEA Agreement, Regulation EC No 883/2004, and Regulation EC No 987/2009 apply to the covered persons.
* EEA States shall take due account of Decisions of the Administrative Commission and take note of Recommendations of the Administrative Commission listed in Part I of Annex I to the Separation Agreement.
* **Special Situations:**
* UK nationals, stateless persons, and refugees residing in the UK, previously subject to EEA state legislation, are covered for reliance on and aggregation of insurance, employment, self-employment, or residence periods.
* Rules in Articles 20 and 27 of Regulation EC No 883/2004 continue to apply to those who requested planned healthcare treatment before the end of the transition period.
* Rules in Articles 19 and 27 of Regulation EC No 883/2004 continue to apply to those on a stay in an EEA state or the UK at the end of the transition period.
* Rules in Articles 67, 68 and 69 of Regulation EC No 883/2004 continue to apply to family benefits where entitlement exists at the end of the transition period for those subject to UK legislation with family in an EEA state.
* **Reimbursement, Recovery, and Offsetting:**
* Regulations EC No 883/2004 and EC No 987/2009 continue to apply for events before the transition period or events after related to those covered by Articles 2 or 4 when the event occurred.
* **Development of Law and Adaptations:**
* References to Regulations EC No 883/2004 and EC No 987/2009 refer to those acts as incorporated into the EEA Agreement and as amended or replaced according to specific annexes of the Withdrawal and Separation Agreements.
**Impact Analysis:**
**UK Nationals:**
* *Impact:* Ensures continued social security coordination and protection of rights in EEA states for those in cross-border situations at the end of the transition period.
* *Action Required:* Understand the conditions for continued coverage and ensure compliance with relevant regulations.
**EEA EFTA States (Iceland, Liechtenstein, Norway):**
* *Impact:* Obligation to provide reciprocal social security rights to UK nationals as defined in the decision and to consider decisions by the Administrative Commission.
* *Action Required:* Implement the necessary amendments to national legislation and administrative practices to comply with the decision.
**European Union:**
* *Impact:* Harmonizes social security coordination rules between EEA EFTA states and the UK, ensuring reciprocal protection of rights.
* *Action Required:* Take due account of the Decisions and Recommendations of the Administrative Commission for the Coordination of Social Security Systems.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area, governing trade and economic relations between the EU member states and Iceland, Liechtenstein, and Norway.
United Kingdom of Great Britain and Northern Ireland: A sovereign state that was formerly part of the European Union and the EEA.
Withdrawal Agreement: The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.
European Union: A political and economic union of member states located primarily in Europe.
Regulation EC No 883/2004: A European Union regulation on the coordination of social security systems.
Regulation EC No 987/2009: A European Union regulation laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems.
Iceland: A Nordic island country in the North Atlantic.
L 240/72 EN Official Journal of the European Union 28.9.2023
DECISION OF THE EEA JOINT COMMITTEE No 210/2020
of 11 December 2020
amending Annex VI (Social Security) to the EEA Agreement [2023/2012]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98
thereof,
Whereas:
(1) Article 33 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from
the European Union and the European Atomic Energy Community (‘Withdrawal Agreement’)(1) states that the
provisions of Title III of Part Two of the Withdrawal Agreement shall apply to nationals of Iceland, the Principality
of Liechtenstein, the Kingdom of Norway and the Swiss Confederation provided that those countries have
concluded and apply corresponding agreements with the United Kingdom of Great Britain and Northern Ireland,
which apply to Union citizens, as well as with the European Union which apply to the United Kingdom nationals.
(2) Article 32 of the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of
Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United
Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United
Kingdom and the EEA EFTA States by virtue of the United Kingdom’s membership of the European Union
(‘Separation Agreement’)(2) states that the provisions of Title III of Part Two of the Separation Agreement shall
apply to Union citizens provided that the Union has concluded and applies corresponding agreements with the
United Kingdom of Great Britain and Northern Ireland which apply to nationals of the EEA EFTA States, as well as
with the EEA EFTA States which apply to United Kingdom nationals.
(3) It is necessary to provide reciprocal protection of social security rights for United Kingdom nationals, as well as their
family members and survivors, who, by the end of the transition period, are or have been in a cross-border situation
involving one or more of the Contracting Parties to the EEA Agreement and the United Kingdom of Great Britain
and Northern Ireland at the same time.
(4) Annex VI to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following Chapter is inserted after Chapter II of Annex VI to the EEA Agreement:
‘III. UNITED KINGDOM NATIONALS
ARTICLE 1
Definitions and references
1. For the purposes of this Chapter the following definitions apply:
(a) “Withdrawal Agreement” means the Agreement on the withdrawal of the United Kingdom of Great Britain and
Northern Ireland from the European Union and the European Atomic Energy Community (*);
(1) OJ L 29, 31.1.2020, p. 7.
(2) Signed in London on 28 January 2020.28.9.2023 EN Official Journal of the European Union L 240/73
(b) “Separation Agreement” means Agreement on arrangements between Iceland, the Principality of Liechtenstein,
the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the
withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements
applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom’s
membership of the European Union;
(c) “States covered” means the States that are Contracting Parties to the EEA Agreement;
(d) “transition period” means the transition period referred to in Article 126 of the Withdrawal Agreement;
(e) the definitions in Article 1 of Regulation (EC) No 883/2004 and Article 1 of Regulation (EC) No 987/2009.
2. For the purposes of this Chapter, all references to Member States and competent authorities of Member States in
provisions of Union law made applicable by this Chapter shall be understood as including the United Kingdom and
its competent authorities.
ARTICLE 2
Persons covered
1. This Chapter shall apply to the following persons:
(a) United Kingdom nationals who are subject to the legislation of one of the States covered at the end of the
transition period, as well as their family members and survivors;
(b) United Kingdom nationals who reside in one of the States covered, and are subject to the legislation of the United
Kingdom at the end of the transition period, as well as their family members and survivors;
(c) persons who do not fall within points (a) or (b) but are United Kingdom nationals who pursue an activity as an
employed or self-employed person in one or more of the States covered at the end of the transition period, and
who, based on Title II of Regulation (EC) No 883/2004, are subject to the legislation of the United Kingdom, as
well as their family members and survivors;
(d) stateless persons and refugees, residing in one of the States covered or in the United Kingdom, who are in one of
the situations described in points (a) to (c), as well as their family members and survivors.
2. The persons referred to in paragraph 1 shall be covered for as long as they continue without interruption to be in one
of the situations set out in that paragraph involving both one of the States covered and the United Kingdom at the
same time.
3. This Chapter shall also apply to United Kingdom nationals who do not, or who no longer, fall within one of the
situations set out in paragraph 1 of this Article but who fall within Article 10 of the Withdrawal Agreement or
within Article 9 of the Separation Agreement, as well as their family members and survivors.
4. The persons referred to in paragraph 3 shall be covered for as long as they continue to have a right to reside in one of
the States covered under Article 13 of the Withdrawal Agreement or Article 12 of the Separation Agreement, or a
right to work in their State of work under Article 24 or 25 of the Withdrawal Agreement or Articles 23 and 24 of
the Separation Agreement.
5. Where this Article refers to family members and survivors, those persons shall be covered by this Chapter only to the
extent that they derive rights and obligations in that capacity under Regulation (EC) No 883/2004.
ARTICLE 3
Social security coordination rules
1. The rules and objectives set out in Article 29 of the EEA Agreement, Regulation (EC) No 883/2004 and Regulation
(EC) No 987/2009 shall apply to the persons covered by this Chapter.L 240/74 EN Official Journal of the European Union 28.9.2023
2. The Union shall take due account of the Decisions and Recommendations of the Administrative Commission for the
Coordination of Social Security Systems attached to the European Commission, set up under Regulation (EC)
No 883/2004 (“Administrative Commission”) listed in Part I of Annex I to the Withdrawal Agreement. The EFTA
States shall take due account of Decisions of the Administrative Commission and take note of Recommendations of
the Administrative Commission listed in Part I of Annex I to the Separation Agreement.
ARTICLE 4
Special situations covered
1. The following rules shall apply in the following situations to the extent set out in this Article, insofar as they relate to
persons not or no longer covered by Article 2:
(a) United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom who have
been subject to the legislation of one of the States covered before the end of the transition period, as well as their
family members and survivors shall be covered by this Chapter for the purposes of reliance on and aggregation of
periods of insurance, employment, self-employment or residence, including rights and obligations deriving from
such periods in accordance with Regulation (EC) No 883/2004;
for the purposes of the aggregation of periods, periods completed both before and after the end of the transition
period shall be taken into account in accordance with Regulation (EC) No 883/2004;
(b) the rules set out in Articles 20 and 27 of Regulation (EC) No 883/2004 shall continue to apply to United
Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom who, before the end
of the transition period, had requested authorisation to receive a course of planned health care treatment
pursuant to Regulation (EC) No 883/2004, until the end of the treatment. The corresponding reimbursement
procedures shall also apply even after the treatment ends. Such persons and the accompanying persons shall
enjoy the right to enter and exit the State of treatment in accordance with Article 14 of the Withdrawal
Agreement mutatis mutandis and with Article 13 of the Separation Agreement mutatis mutandis;
(c) the rules set out in Articles 19 and 27 of Regulation (EC) No 883/2004 shall continue to apply to United
Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom who are covered by
Regulation (EC) No 883/2004 and who are on a stay at the end of the transition period in one of the States
covered or in the United Kingdom until the end of their stay. The corresponding reimbursement procedures
shall also apply even after the stay or treatment ends;
(d) the rules set out in Articles 67, 68 and 69 of Regulation (EC) No 883/2004 shall continue to apply, for as long as
the conditions are fulfilled, to awards of family benefits to which there is entitlement at the end of the transition
period for United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom
who are subject to the legislation of the United Kingdom and have family members residing in one of the States
covered at the end of the transition period;
(e) in the situations set out in point (d) of this paragraph, for any persons who have rights as family members at the
end of the transition period under Regulation (EC) No 883/2004, such as derived rights for sickness benefits in
kind, that Regulation and the corresponding provisions of Regulation (EC) No 987/2009 shall continue to apply
for as long as the conditions provided therein are fulfilled.
2. The provisions of Chapter 1 of Title III of Regulation (EC) No 883/2004 as regards sickness benefits shall apply to
persons receiving benefits under point (a) of paragraph 1 of this Article.
This paragraph shall apply mutatis mutandis as regards family benefits based on Articles 67, 68 and 69 of Regulation
(EC) No 883/2004.28.9.2023 EN Official Journal of the European Union L 240/75
ARTICLE 5
Reimbursement, recovery and offsetting
The provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 on reimbursement, recovery and offsetting shall
continue to apply in relation to events, in so far as they relate to persons not covered by Article 2, that:
(a) occurred before the end of the transition period; or
(b) occur after the end of the transition period and relate to persons who were covered by Articles 2 or 4 when the event
occurred.
ARTICLE 6
Development of law and adaptations
1. Notwithstanding paragraph 3, references in this Chapter to Regulations (EC) No 883/2004 and (EC) No 987/2009 or
provisions thereof, shall be understood as references to the acts or provisions as incorporated into the EEA Agreement,
including as amended or replaced, as applicable on the last day of the transition period.
2. Where Regulations (EC) No 883/2004 and (EC) No 987/2009 are amended or replaced after the end of the transition
period, references to those Regulations in this Chapter shall be understood as referring to those Regulations as amended or
replaced, in accordance with the acts listed in Part II of Annex I to the Withdrawal Agreement, as regards the Union, and
Part II of Annex I to the Separation Agreement, as regards the EFTA States.
3. Regulations (EC) No 883/2004 and (EC) No 987/2009 shall, for the purposes of this Chapter, be understood as
comprising the adaptations listed in Part III of Annex I to the Withdrawal Agreement, as regards the Union, and Part III of
Annex I of the Separation Agreement, as regards the EFTA States.
4. For the purposes of this Chapter, the amendments and adaptations referred to in paragraphs 2 and 3 shall take effect
on the day following the day on which the corresponding amendments and adaptations of Annex I to the Withdrawal
Agreement or of Annex I to the Separation Agreement take effect, whichever is the latest.
_____________
(*) OJ L 29, 31.1.2020, p. 7.’
Article 2
This Decision shall enter into force on 12 December 2020, or on the day following the last notification to the EEA Joint
Committee under Article 103(1) of the EEA Agreement*, whichever is the later.
It shall apply from the end of the transition period.
Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 11 December 2020.
For the EEA Joint Committee
The President
Sabine MONAUNI
* No constitutional requirements indicated.