BWBV0004546
Artikel 79
Europese Code inzake Sociale Zekerheid (herzien)
1. Each Party shall submit to the Secretary General of the Council of Europe reports concerning the application of this (revised) Code; these reports shall be presented in such a general form and manner as shall be suggested by the Committee. Each Party shall communicate copies of these reports to its most representative organisations of employers and workers and shall forward to the Secretary General any comments on the said reports received from those organisations. These reports shall include:
a) in the first year following ratification full information on the legislation giving effect to the provisions of this (revised) Code covered by the ratification, with evidence of compliance with the statistical conditions with regard in particular to the number of persons protected, the amount of the benefits and, with regard to paragraph 2 of Article 24, the duration of unemployment benefit;
b) in other years, information on changes in legislation, as well as the supporting statistical data, provided that one year out of every four the information given shall comprise all elements required under sub-paragraph a.
2. Each Party wishing to avail itself of the provisions of paragraph 2 of Article 7 shall, as appropriate, include in the reports it submits pursuant to the foregoing paragraph, all the information needed as evidence that its legislation guarantees protection at least equivalent to that provided for in this (revised) Code.
3. Each Party shall supply, if the Secretary General of the Council of Europe so requests, further particulars concerning the manner in which it has implemented the provisions of this (revised) Code covered by its ratification.
4. The reports, information, comments and further particulars submitted in accordance with paragraphs 1,2 and 3 of Article 79 shall be examined by a European Commission of independent experts (hereinafter referred to as “the Commission”) responsible for the preparation of conclusions for submission to the Committee.
5. The Commission shall consist of not more than five members appointed by the Committee of Ministers of the Council of Europe from a list of independent experts of the highest integrity and of recognised competence in social protection nominated by the Secretary General of the Council of Europe.
6. The members of the Commission shall sit on it in an individual capacity and shall be independent and impartial in the exercise of their duties.
7. The members of the Commission shall be appointed for a period of six years and shall be eligible for reappointment. However, of the members first appointed, the terms of office of two members shall expire at the end of three years.
8. The members whose terms of office are to expire at the end of the initial period of three years shall be chosen by lot by the Committee of Ministers immediately after the first appointment has been made.
9. A member of the Commission appointed to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.
10. The International Labour Organisation shall be invited to nominate a representative to participate in a consultative capacity in the deliberations of the Commission and of the Committee.
11. The reports, information, comments, and further particulars submitted in accordance with paragraphs 1, 2 and 3 of Article 79, together with the conclusions of the Commission, shall be examined by the Committee which shall prepare a report containing its conclusions for the Committee of Ministers of the Council of Europe.
12. In the case of accession by the European Economic Community, as soon as this (revised) Code has entered into force in respect of the latter Party, the European Economic Community shall submit to the Secretary General the reports provided for in paragraph 1 of this article on behalf of its member States for those parts of this (revised) Code which fall within its jurisdiction while the member States of the European Economic Community shall submit to the Secretary General the above-mentioned reports for those parts of this (revised) Code which fall within their jurisdiction.
a) in the first year following ratification full information on the legislation giving effect to the provisions of this (revised) Code covered by the ratification, with evidence of compliance with the statistical conditions with regard in particular to the number of persons protected, the amount of the benefits and, with regard to paragraph 2 of Article 24, the duration of unemployment benefit;
b) in other years, information on changes in legislation, as well as the supporting statistical data, provided that one year out of every four the information given shall comprise all elements required under sub-paragraph a.
2. Each Party wishing to avail itself of the provisions of paragraph 2 of Article 7 shall, as appropriate, include in the reports it submits pursuant to the foregoing paragraph, all the information needed as evidence that its legislation guarantees protection at least equivalent to that provided for in this (revised) Code.
3. Each Party shall supply, if the Secretary General of the Council of Europe so requests, further particulars concerning the manner in which it has implemented the provisions of this (revised) Code covered by its ratification.
4. The reports, information, comments and further particulars submitted in accordance with paragraphs 1,2 and 3 of Article 79 shall be examined by a European Commission of independent experts (hereinafter referred to as “the Commission”) responsible for the preparation of conclusions for submission to the Committee.
5. The Commission shall consist of not more than five members appointed by the Committee of Ministers of the Council of Europe from a list of independent experts of the highest integrity and of recognised competence in social protection nominated by the Secretary General of the Council of Europe.
6. The members of the Commission shall sit on it in an individual capacity and shall be independent and impartial in the exercise of their duties.
7. The members of the Commission shall be appointed for a period of six years and shall be eligible for reappointment. However, of the members first appointed, the terms of office of two members shall expire at the end of three years.
8. The members whose terms of office are to expire at the end of the initial period of three years shall be chosen by lot by the Committee of Ministers immediately after the first appointment has been made.
9. A member of the Commission appointed to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.
10. The International Labour Organisation shall be invited to nominate a representative to participate in a consultative capacity in the deliberations of the Commission and of the Committee.
11. The reports, information, comments, and further particulars submitted in accordance with paragraphs 1, 2 and 3 of Article 79, together with the conclusions of the Commission, shall be examined by the Committee which shall prepare a report containing its conclusions for the Committee of Ministers of the Council of Europe.
12. In the case of accession by the European Economic Community, as soon as this (revised) Code has entered into force in respect of the latter Party, the European Economic Community shall submit to the Secretary General the reports provided for in paragraph 1 of this article on behalf of its member States for those parts of this (revised) Code which fall within its jurisdiction while the member States of the European Economic Community shall submit to the Secretary General the above-mentioned reports for those parts of this (revised) Code which fall within their jurisdiction.
- Citeren als
- Art. 79
- Status
- Geldend recht
- Identificatie
- BWBV0004546
- Officiële bron
- wetten.overheid.nl