COUNCIL OF EUROPE
    COMMITTEE OF MINISTERS

    Resolution ResCSS(2003)29
    on the application of the European Code of Social Security by Spain
    (Period from 1 July 2001 to 30 June 2002)

    (Adopted by the Committee of Ministers on 17 December 2003
    at the 866th meeting of the Ministers' Deputies)

    The Committee of Ministers,

    In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the “Code”), and with a view to supervising the application of this instrument by the Contracting Parties;

    Whereas the Code, signed on 16 April 1964, entered into force on 17 March 1968 and since 9 March 1995 has been binding on Spain, which ratified it on 8 March 1994;

    Whereas, when ratifying the Code, the Government of Spain stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code:

    – Part II on “medical care”,
    – Part III on “sickness benefit”,
    – Part IV on “unemployment benefit”,
    – Part V on “old-age benefit”,
    – Part VI on “employment injury benefit”,
    – Part VIII on “maternity benefit”,
    – Part IX on “invalidity benefit”;

    Whereas, in pursuance of paragraph 1 of Article 74 of the Code, the Government of Spain submitted, on 8 July 2002, its 7th annual report and the additional information on the application of the Code, for the period from 1 July 2001 to 30 June 2002;

    Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts on the Application of Conventions and Recommendations, at its 73rd session in November to December 2002;

    Recalling Resolution ResCSS(2003)13 on the 6th report submitted by the Government of Spain in pursuance of paragraph 1 of Article 74 of the Code,

    Finds that the law and practice in Spain give full effect to the parts of the Code which have been accepted, subject to the receipt of additional information on certain points which it has already raised in its previous conclusions and to which the government has not responded in its 7th annual report;

    Decides to invite the Government of Spain to include in its next report full information in regard to the application of Part IV (Unemployment benefit) of the Code, on the effect of the Royal Legislative Decree 5/2002, of 24 May 2002, concerning urgent measures to reform unemployment benefits and improve employability, to which the government refers in its report.



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