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 COMMUNITIES 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 operation and 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 to the Administrative Commission of the European Communities on Social Security for Migrant Workers".

2. The Audit Board shall operate under the authority of the Administrative Commission of the European Communities on Social Security for Migrant Workers, from which it shall receive directives.

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 documentary evidence. It can request from the competent authorities any information or enquiries it deems necessary for the investigation of the matters submitted for its examination. Where necessary, subject to the prior approval of the President of the Administrative Commission, the Audit Board may delegate the Secretary or another member of the Secretariat or certain members of the Audit Board to carry out, on the spot, any investigation required for the pursuit of its work. The President of the Administrative Commission shall notify the representative on the Administrative Commission of the Member State concerned that this investigation is 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 authorities.

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 appropriate, 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 a report containing in particular a statement of and the reasons for the opposing views. It shall also appoint a rapporteur responsible for supplying the Administrative Commission with all the information the latter deems appropriate in order to enable it to settle the dispute in question.

The rapporteur shall not be selected from the representatives of countries involved in the dispute.

7. The representative of the Commission of the European Communities or his deputy on the Administrative Commission shall act in a consultative capacity within the Audit Board.

Under the arrangements for technical assistance to the Administrative Commission from the International Labour Office (ILO) as laid down in Article 80 (2) of Regulation (EEC) No 1408/71, the ILO representatives appointed for this purpose may take part in the meetings of the Audit Board.

8. The office of President of the Audit Board shall be held each half-year by one of the members belonging to the State whose representative on the Council of the European Communities holds for the same period, the office of President of the Council in accordance with Article 2 of the Treaty setting up a single Council and a single Commission of the European Communities.

The Secretariat of the Administrative Commission shall undertake the preparation arrangements for, and reports of the meetings of the Audit Board. It shall carry out all the work required for the functioning 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 of the Administrative Commission.

The agenda shall be forwarded by the Secretariat of the Administrative Commission to the members of the Audit Board, the members of the Administrative Commission and the ILO representatives, 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 documents relating 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 letters published 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 with the Treaty of Accession, as from 1 April 1973 for the three new Member States.

The President of the Administrative Commission

A. TRIER