Ministers' Deputies
Notes on the Agenda

CM/Notes/920/6.3 18 March 2005 1
———————————————

920 Meeting, 23 March 2005
6 Social cohesion


6.3 European Committee for Social Cohesion (CDCS) –

Abridged report of the 13th meeting (Strasbourg, 2-3 November 2004)

Reference documents
CM(2005)24 and Addendum

———————————————

Action

To approve the extended terms of reference of the Committee of Experts on Standard-Setting Instruments in the Field of Social Security (CS-CO) and the extended terms of reference of the Committee for Coordination in the Social Security Field (CS-CR) (see Appendices 1 and 2 to the present Notes) and to take note of the abridged report of the 13th meeting of the European Committee for Social Cohesion (CDCS) as a whole, as it appears in document CM(2005)24.

1. At their 919th meeting, the Ministers' Deputies examined the abridged report of the 13th meeting of the European Committee for Social Cohesion (CDCS) held in Strasbourg on 2-3 November 2004, as contained in document CM(2005)24. In this context they adopted Recommendation Rec(2005)5 on the rights of children living in residential institutions.

2. The Deputies also discussed the CDCS's invitation, in paragraph 19 of the report, to approve the renewal of the terms of reference of the Committee of Experts on Standard-Setting Instruments in the Field of Social Security (CS-CO) and of the Committee for Coordination in the Social Security Field (CS-CR) for a period ending 31 December 2006.

3. The Ministers' Deputies decided to further discuss the proposed renewal in the framework of the Rapporteur Group for Social and Health Questions (GR-SOC), in the light of the possibility of merging the two committees concerned, mentioned in the abridged report.

4. After discussion, the GR-SOC agreed on the draft decisions below inviting the Committee of Ministers to approve the extended terms of reference to 31 October 2005 as amended by the Group (see Appendices 1 and 2 to the present Notes) and to instruct the CDCS and the subsidiary committees concerned to propose draft new single terms of reference by that date, in view of merging the CS-CO and the CS-CR.

Financing assured: YES

DRAFT DECISIONS

920th meeting – 23 March 2005

Item 6.3

European Committee for Social Cohesion (CDCS) –
Abridged report of the 13th meeting (Strasbourg, 2-3 November 2004)
(CM(2005)24)

Decisions

The Deputies

1. approved the extension of the terms of reference of the Committee of Experts on Standard-Setting Instruments in the Field of Social Security (CS-CO) and the extended terms of reference of the Committee for Coordination in the Social Security Field (CS-CR) for the period ending 31 October 2005, as they appear at Appendices … and … to the present volume of Decisions; [see Appendices 1 and 2 to the present Notes];

2. instructed the European Committee for Social Cohesion (CDCS), together with the two subsidiary committees concerned, to propose draft single terms of reference in view of merging the CS-CO and the CS-CR and to report back to the Deputies by 31 October 2005;

3. in the light of the above decisions, took note of the abridged report of the European Committee for Social Cohesion (CDCS) as set out in document CM(2005)24, as a whole.

Appendix 1

Specific terms of reference

1. Name of the Committee:

Committee of Experts on standard-setting instruments in the field of social security (CS-CO)

2. Type of Committee:

Committee of Experts

3. Source of terms of reference:

European Committee for Social Cohesion (CDCS)

4. Specific terms of reference:

These terms of reference are derived from the following legal instruments:

European Code of Social Security (ETS No 048) (and Protocol (ETS No 048A) Articles 1, 2, 74, 76 and 78;
European Code of Social Security (revised) (ETS No 139) Articles 1, 34, 79, 83.

The Committee is instructed to:

a. Supervise the application of the European Code of Social Security, Article 74 and examine the conclusions of the Group of consultants to examine the reports on the non-ratified provisions of the Code (article 76);

b. Analyse the conclusions of the control mechanism(s) of the European Code of Social Security so as to identify needs and priorities at national level, with a view to suggesting concrete solutions;

c. Assist member states wishing to ratify the European Code of Social Security, the Protocol and the (revised) Code to examine the legal, financial and administrative implications of ratification;

d. Take stock of problems that states have in meeting specific provisions of the European Code of Social Security, the Protocol and the (revised) Code by providing, notably, the necessary technical assistance with a view to suggesting possible measures (adaptation of the legal instrument concerned, recommendations to member states, etc) for overcoming the above-mentioned problems;

e. Promote ratification of these instruments through the following promotional activities: organisation of colloquia, study visits, training activities, etc and monitor, via a road map, the development of this process;

f. Observe pan-European trends and developments in the social security field and prepare, for the attention of the CDCS, information on current issues and best practices.

g. Reflect on a better organisation of the work of the Council of Europe in the field of Social Security and make proposals in view of collaboration with the Committee for Coordination in the Social Security Field (CS-CR).

5. Membership of the Committee:

a. The governments of all member states are entitled to appoint one member with the following qualifications: Senior national official in the fields covered by the present terms of reference.

The Council of Europe will bear the travel and subsistence expenses for one Committee member per country (two in the case of the member state whose representative has been elected as the chairperson of the Committee).

b. The Commission of the European Communities may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

c. The following observers with the Council of Europe may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:

Canada;
Holy See;
Japan;
Mexico;
United States of America.

d. The following observers with the Committee may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

Australia;
New Zealand;
International Labour Office (ILO);*
OECD;
International Social Security Association (ISSA);
European Trade Union Confederation (ETUC).

6. Working structures and methods:

The CS-CO adopts its Conclusions on the application of the European Code of Social Security and its Protocol and transmits them directly to the Committee of Ministers, and to the CDCS for information. In addition, the CS-CO prepares summary information for the attention of the CDCS on trends in social security derived from the national reports on the application of the Code and the conclusions of the ILO.

The CS-CO may set up working parties or have recourse to consultants.

7. Duration:

These specific terms of reference will expire on 31 October 2005.

Appendix 2

Specific terms of reference

1. Name of Committee:

Committee for Coordination in the Social Security Field (CS-CR)

2. Type of Committee:

Committee of Experts

3. Source of terms of reference:

European Committee for Social Cohesion (CDCS)

Terms of reference derived from a Convention: Article 2 of the Supplementary Agreement for the Application of the European Convention on Social Security (No 78 in the European Treaty Series).

4. Specific terms of reference:

The Committee is instructed to:

a. Promote coordination of social security schemes (through the instruments in this field drawn up by the Council of Europe);

b. Examine all the administrative issues and questions of interpretation arising from the provisions of the European Convention on Social Security, from any agreements or arrangements concluded for its implementation, and from any other instrument relating to social security coordination drawn up by the Council of Europe (European Interim Agreements, etc); and prepare the discussions on these matters of the European Committee for Social Cohesion (CDCS);

c. Promote and develop cooperation between member states with a view to regulating the obtaining of benefits, especially those deriving from the provisions of the Convention on invalidity, old age and death (pensions);

d. Prepare the documents and leaflets required for the application of the Convention, as provided for in Article 2 of the Supplementary Agreement for the Application of the Convention;

e. Deal with any other question relating to international social security at the request of the CDCS, and especially supervise the activities relating to special social security schemes and to the taxation at source of exported benefits, and ensure that the information documents prepared as part of these activities are regularly updated;

f. In accordance with paragraph e above, carry out work relating to the following matters:

In respect of the Interim Agreements on Social Security as a means of co-operation between Council of Europe member states and European states which are not members:

- promote ratification of the European Interim Agreements by Council of Europe member states and states which are not members, especially by the countries of central and eastern Europe;

- on the basis of the European Interim Agreements, undertake any activity intended to foster the coordination of the national social security legislation of Council of Europe member states and of states which are not members, and especially examine the legal, financial and administrative implications of adhesion to these instruments by the countries of central and eastern Europe. In this context, the Committee should also address the issue of coordination on social security between countries which are members of the European Union, the European Economic Area and the other Council of Europe member states;

In respect of the European Convention on Social Security and the Supplementary Agreement:

- promote the ratification of the Convention by Council of Europe member states and by states which are not members;

- to study, when requested to do so by the CDCS, the progress of national social security legislation coordination between Council of Europe member states, giving particular attention to relations between the Contracting Parties to the European Convention on Social Security and to the question of relations in the social security sphere between European Union, European Economic Area member states and the other Council of Europe member states;

In respect of the European Convention on Social and Medical Assistance (ETS No 14):

- promote the ratification of the European Convention on Social and Medical Assistance by Council of Europe member states and states which are not members, especially by the countries of central and eastern Europe;

- carry out activities relating to social and medical assistance;

- deal with issues relating to its application.

g. Reflect on a better organisation of the work of the Council of Europe in the field of Social Security and make proposals in view of collaboration with the Committee of Experts on Standard-Setting Instruments in the field of Social Security (CS-CO).

5. Membership of the Committee:

a. States, the governments of which may appoint members: all member states.

b. Number of members per state whose travel and subsistence expenses will be borne by the Council of Europe budget: one member from each of the twenty member states determined by the rota system described below.2

c. Desirable qualifications of Committee members: experts in the field of international coordination of social security schemes; senior governmental officials responsible for the implementation of international social security conventions.

d. Other participants:

Commission of the European Communities.

e. The following states, having observer status with the Council of Europe, may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses s:

Canada;
Holy See.

f. The following states and/or organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

Australia;
New Zealand;
ILO (one expert as technical advisory member);
International Social Security Association (ISSA);
Central Commission for the Navigation on the Rhine (CCNR).

6. Duration of terms of reference:

These specific terms of reference will expire on 31 October 2005.

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.

2 Functioning of the rota system:
- Among the 20 member states of the Committee for coordination in the social security field whose travel and subsistence costs are borne by the Council of Europe budget, 12 of the 22 states which have ratified the European Interim Agreements and/or the European Convention on Social Security (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, France, Federal Republic of Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Turkey and United Kingdom) take part in the rota system;
- the rota system operates according to English alphabetical order, for a period comprising two meetings of the Committee from the day after the meeting of the Committee which completes a rota period; the Secretariat is instructed to contact the states concerned in advance, so that they can state whether they intend to take part in the Committee's work; if a negative reply is given, the next State is consulted in respect of the meeting concerned;
- in addition, 8 member states which have not yet signed or ratified the European Interim Agreements and/or the European Convention on Social Security, but which have made clear their intention of taking action towards this goal, are invited to participate in the Committee's work at the Council of Europe's expense.



 Top

 

  Related Documents
 
   Meetings
 
   Other documents