ATTACHMENTS DRAFT DECISION No …/… OF THE EU-SAN MARINO COOPERATION COMMITTEE of … with regard to the adoption of provisions on the coordination of social security systems

Council Decision

of 6 December 2012

on the position to be taken by the European Union within the Cooperation Committee set up by the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, with regard to the adoption of provisions on the coordination of social security systems

(2012/775/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 the proposal from the European Commission,

Whereas:

(1)

Article 22 of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part1 (the ‘Agreement’), provides that the Cooperation Committee is to adopt provisions to implement the principles on the coordination of social security systems as set out in Article 21 of the Agreement.

(2)

In accordance with Articles 1 and 2 of Protocol No 21 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, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

(3)

In accordance with Articles 1 and 2 of Protocol No 22 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.

(4)

It is appropriate to establish the position to be taken on the Union’s behalf in the Cooperation Committee, with regard to the adoption of provisions on the coordination of social security systems.

(5)

The position of the Union within the Cooperation Committee should therefore be based on the attached draft decision,

HAS ADOPTED THIS DECISION: