1973Y1113 — EN — 01.01.1996 — 002.001 — 1
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►B DECISION No 86
of 24 September 1973
concerning the methods of operation and the composition of the Audit Board of the Administra-
tive Commission of the European Communities on Social Security for Migrant Workers
(OJ C 96, 13.11.1973, p. 2)
Amended by:
Official Journal
No page date
►M1Decision No 106 of 8 July 1976 C190 2 13.8.1976
►M2Decision 95/512/EC No 159 of 3 October 1995 L 294 38 8.12.1995
▼B
DECISION No 86
of 24 September 1973
concerning the methods of operation and the composition of the
Audit Board of the Administrative Commission of the European
Communities on Social Security for Migrant Workers
THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMU-
NITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
Whereas Decision No 24 published in the Official Journal of the
European Communities No 81 of 21 December 1960 has been rendered
invalid by the entry into force of Regulations (EEC) Nos 1408/71 and
574/72, but, taking into account the provisions of the said Regulations,
there are grounds for adopting a new decision;
Whereas under Article 101 (3) of Regulation (EEC) No 574/72, the
Administrative Commission shall lay down the methods of operationand the composition of the Audit Board.
HAS DECIDED:
1. The Audit Board provided for in Article 101 (3) of Regulation
(EEC) No 574/72 shall be called ‘The Audit Board attached tothe Administrative Commission of the European Communities on
Social Security for Migrant Workers’.
2. The Audit Board shall operate under the authority of the Adminis-
trative Commission of the European Communities on SocialSecurity for Migrant Workers, from which it shall receive direc-tives.
3. The Audit Board shall have the functions laid down in Article 102
(1) and Article 113 (3) of Regulation (EEC) No 574/72.
4. In principle, the Audit Board shall reach its decisions from docu-
mentary evidence. It can request from the competent authorities
any information or enquiries it deems necessary for the investiga-
tion of the matters submitted for its examination. Where necessary,subject to the prior approval of the President of the AdministrativeCommission, the Audit Board may delegate the Secretary oranother member of the Secretariat or certain members of the AuditBoard to carry out, on the spot, any investigation required for the
pursuit of its work. The President of the Administrative Commis-
sion shall notify the representative on the AdministrativeCommission of the Member State concerned that this investigationis being made.
5. The Audit Board shall be composed of two representatives
appointed by the competent authorities of each of the Member
States of the European Communities.
Any member of the Audit Board unable to attend may be replaced
by a deputy appointed for that purpose by the competent authori-ties.
6. Decisions shall be taken by majority, each Member State having
only one vote.
The opinions of the Board must indicate whether they were
reached unanimously or by majority. They must, where appro-
priate, set out conclusions or reservations of the minority.
Whenever an opinion is not reached unanimously, the Audit Board
shall submit it to the Administrative Commission together with areport containing in particular a statement of and the reasons forthe opposing views. It shall also appoint a rapporteur responsible
for supplying the Administrative Commission with all the informa-
tion the latter deems appropriate in order to enable it to settle thedispute in question.
The rapporteur shall not be selected from the representatives of
countries involved in the dispute.1973Y1113 — EN — 01.01.1996 — 002.001 — 2
▼B
7. The representative of the Commission of the European Commu-
nities or his deputy on the Administrative Commission shall act ina consultative capacity within the Audit Board.
Under the arrangements for technical assistance to the Administra-
tive Commission from the International Labour Office (ILO) aslaid down in Article 80 (2) of Regulation (EEC) No 1408/71, theILO representatives appointed for this purpose may take part in themeetings of the Audit Board.
8.►
M2The office chairman of the Audit Board shall be held each
half-year by a member belonging to the State whose representative
on the Administrative Commission holds the office of chairman of
that Commission for the same period.
The chairman of the Audit Board may, in conjunction with the
Secretariat, take all steps required to solve without delay allproblems within the competence of the Audit Board.
As a rule, the chairman of the Audit Board shall chair meetings of
working parties set up to examine problems for which the Audit
Board is competent; if, however, he is incapacitated or if certain
specific problems are being examined, the chairman may be repre-sented by another person designated by him.
The Secretariat of the Administrative Commission shall prepare
and organize the meetings of the Audit Board and draw up theminutes thereof. It shall carry out the work required for the func-tioning of the Board. ◄
9. The Audit Board shall submit its work programme for prior
approval by the Administrative Commission. The agenda, date
and duration of its meetings shall be agreed with the President ofthe Administrative Commission.
The agenda shall be forwarded by the Secretariat of the Adminis-
trative Commission to the members of the Audit Board, themembers of the Administrative Commission and the ILO represen-
tatives, not less than ten days before the start of each meeting.
The Secretariat of the Administrative Commission shall forward to
the same persons and within the same time-limit the documentsrelating to the meeting.
10. In so far as is necessary, the rules laid down in the Statutes of the
Administrative Commission and in the exchange of letterspublished in the Official Journal of the European Communities
No C 68 of 21 August 1973 shall apply to the Audit Board.
11. This Decision shall be published in the Official Journal of the
European Communities . It shall apply to the six Founder Member
States as from 1 October 1972 and, in accordance withth e Treatyof Accession, as from 1 April 1973 for the three new MemberStates.
The President of the Administrative
Commission
A. TRIER1973Y1113 — EN — 01.01.1996 — 002.001 — 3