Rules of the Administrative Commission on social security for migrant workers attached to the Commission of the European Communities (Adopted by the Administrative Commission at its meeting of 13 and 14 October 2004)
Date: 2004-10-14
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: EU office or agency, European Commission, migrant worker, operation of the Institutions, social security

20.5.2005

EN

Official Journal of the European Union

C 119/3

Rules of the Administrative Commission on social security for migrant workers attached to the
Commission of the European Communities

(Adopted by the Administrative Commission at its meeting of 13 and 14 October 2004)

(2005/C 119/04)

The government representatives forming the Administrative
Commission set up under Article 80 of Council Regulation
(EEC) No 1408/71 on the application of
security
schemes to employed persons, to self-employed persons and to
member of their families moving within the Community,

social

Having regard to Article 80(3) of
Regulation,

the

abovementioned

In order to enable the Administrative Commission to fulfil the
tasks conferred upon it by Regulation (EEC) No 1408/71 and
Council Regulation (EEC) No 574/72, and in particular by
Article 81 of Regulation (EEC) No 1408/71,

Have unanimously adopted the following rules of the Adminis-
trative Commission:

If he/she is prevented from attending, he/she shall be replaced
by the member or members of the secretariat designated by
him/her.

Article 3

1.
The office of chairman of the Administrative Commission
shall be held by the member belonging to the State whose
representative to the Council of the European Communities
holds,
the
Council in accordance with Article 203 of the Treaty estab-
lishing the European Community.

the office of President of

for the same period,

The chairman shall represent the Administrative Commission
within the Advisory Committee set up under Article 82 of
Regulation (EEC) No 1408/71, and on any other occasion.

Article 1

If the chairman in office is prevented from attending, the

2.
alternate shall act as chairman.

The Administrative Commission is a specialized body of the
Commission of the European Communities and has the same
seat.

Article 2

1. When a member of the Administrative Commission is
prevented from attending, he/she shall be replaced by the alter-
nate designated for this purpose by his/her government.

Alternate members may accompany members at

2.
meetings of the Administrative Commission.

the

3. Where this is necessary in view of the subjects to be dealt
with or the measures to be taken at national
level, each
member may furthermore be accompanied by one or several
expert advisers.

Each delegation may, as a rule, consist of not more than

4.
four persons.

The representative of the Commission of the European

5.
Communities may be accompanied by his/her alternate.

The meetings may furthermore be attended by a representative
of the Legal Service and, where this is relevant to the question
to be dealt with, a representative of another department of the
Commission of the European Communities.

3. When a member of the Administrative Commission holds
the office of chairman, the alternate may vote in the chairman's
place.

The Administrative Commission shall be convened by a
4.
letter of convocation sent at least, 10 days before the meeting,
by the secretary-general in consultation with the chairman to
members and to the persons mentioned in Article 2(5) above.

The Administrative Commission documents

5.
signed by the chairman.

shall be

6.
the
The chairman may give the secretary-general of
Administrative Commission any instructions for meetings to be
held and for the performance of activities that are within the
scope of the tasks of the Administrative Commission.

Article 4

The Administrative Commission may set up working

1.
parties and study groups for special problems.

The meetings of the working parties and study groups may be
attended by the persons mentioned in Article 2(5) above.

The working parties and study groups shall be presided
2.
over by a person designated by the chairman of the Adminis-
trative Commission in consultation with the representative of
the Commission of the European Communities.

The secretary-general of the Administrative Commission
6.
shall attend all meetings of the Administrative Commission and
its working parties; he/she shall be accompanied by members
of the secretariat designated by him/her.

3.
The chairman of the working party shall be summoned
to the meeting of the Administrative Commission in the course
of which the report of that working party is discussed.

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Official Journal of the European Union

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4.
The Administrative Commission may when setting up a
working party, mandate the Working Party to carry out its
tasks in such a way that its findings can be accepted by the
Administrative Commission, without further deliberations.

5.
The Administrative Commission may set up ad-hoc
groups consisting of a limited number of persons to prepare
and present the Administrative Commission with proposals for
adoption on specific issues.

The Administrative Commission shall for each ad-hoc group
decide who is to be the rapporteur, the tasks to be carried out
and the time limit within which the group has to present the
result of its work to the Administrative Commission.

Article 5

The Administrative Commission shall meet at least four

1.
times a year.

2.
Every year one of its meetings shall be devoted to the
examination of the statement of claims provided for in Article
101(1) of Regulation (EEC) No 574/72 in the presence of the
chairman in office of the Audit Board who shall, at the same
time, report to the Administrative Commission in accordance
with Article 102(1)(b) of Regulation (EEC) No 574/72.

The Administrative Commission shall convene for an
3.
extraordinary meeting if at least five members or the represen-
tative of the Commission of the European Communities so
request. The request should specify the purpose of the meeting.

By way of exception,

4.
the Administrative Commission
may hold meetings away from its seat, in one of the Member
States of the European Union or on the premises of an interna-
tional organization.

Article 6

1.
The provisional agenda of each meeting shall be drawn
up by the secretary-general in consultation with the chairman
of the Administrative Commission and the representative of the
Commission of the European Communities.

Before proposing to include an item in the agenda, the secre-
tary-general may, where this appears necessary, ask the delega-
tions concerned to make their views on this question known in
writing.

The provisional agenda shall be sent, at least 10 days before
the beginning of each meeting, to the members and to the
persons mentioned in Article 2(5) above.

The documents relating to the items on the agenda shall be
sent to them as soon as they are available.

2.
The provisional agenda shall, in principle, comprise items
for which a request submitted by a member or by the represen-
tative of the Commission of the European Communities and,
where appropriate, notes relating to it have been received by
the secretariat at least 20 days before the beginning of the
meeting.

The agenda shall be approved by the Administrative

3.
Commission at the beginning of each meeting.

the Administrative Commission is
A unanimous vote of
required for the inclusion in the agenda of any items other
than those appearing on the provisional agenda.

4.
Unless the Administrative Commission expressly decides
to fix a different period, the notes requested from the delega-
tions should be sent to the secretariat within a period of not
longer than two months. If, at the expiry of this period, the
the question
secretariat has not
concerned must be discussed at the first meeting of the Admin-
istrative Commission following the expiry of the said period.

received all

the notes,

5.
Any member of the Administrative Commission and the
representative of the European Commission shall have the right
to submit specific questions to the Administrative Commission
on the interpretation of Regulation (EEC) No 1408/71 and
Regulation (EEC) No 574/72 where differing interpretations by
the Member States or by one or more Member States and the
European Commission may prejudice the rights of persons.

The question shall be considered at the first meeting after it
was submitted in accordance with paragraph 2.

The minutes of the meeting shall record the views of the
Member States and the representative of the European Commis-
sion on the questions submitted.

Article 7

Subject to the provisions of Article 8, a decision can only

1.
be valid if it is adopted by 20 members or their alternates.

2.
The Administrative Commission may decide to adopt a
decision by the use of written procedure. To this end the
Chairman shall communicate the text to be adopted to the
the Administrative Commission. The Members
members of
shall be given a set time limit within which to respond stating
whether they accept or reject the proposed text. Failure to
respond shall be considered as abstention to vote.

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Official Journal of the European Union

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The Chairman shall, at the expiry of the set time limit, inform
the members of the result of the voting. A decision having
received the required number of affirmative votes shall be
considered adopted on the last day set for the period within
which members were asked to respond.

3.
If a member of the Administrative Commission in the
course of the written procedure, proposes that the text shall be
amended, the Chairman shall either:

(a) recommence the written procedure by communicating the
proposed amendment to the members in accordance with
the procedure in paragraph 2, or

(b) cancel the written procedure in order to have the matter

discussed at the next meeting,

depending on which procedure the Chairman considers appro-
priate for the matter in question.

If a member of the Administrative Commission before the
4.
expiry of the time limit set for responding, requests that the
proposed text shall be examined at a meeting with the Admin-
istrative Commission, the written procedure shall be cancelled.

The matter shall then be examined at the following meeting of
the Administrative Commission.

Article 8

1.
Decisions shall be taken either by a unanimous vote of
the members forming the Administrative Commission or by a
unanimous vote of the members present or by an affirmative
vote of at least 20 members of the Administrative Commission.

A unanimous vote of the members forming the Adminis-

2.
trative Commission shall be required for:

(a) decisions concerning the interpretation of regulations and
made to implement Article 81(a) of Regulation (EEC) No
1408/71;

(b) decisions concerning the revision of the rules.

A unanimous vote of

3.
required for:

the members present shall be

Article 9

Any member present when a vote is taken who abstains
1.
from voting shall be invited by the chairman after the roll-call
to state his/her reasons for abstaining, should the member so
desire.

2. When the majority of members present abstain,
the
proposal put to the vote shall be considered as not having been
taken into consideration.

Article 10

Decisions taken to implement Article 81(a) of Regulation
1.
(EEC) No 1408/71 shall state the reasons on which they are
based and shall be published in the Official Journal of the Euro-
pean Union, save where a majority of the members of the
Administrative Commission decide otherwise.

2.
The secretary-general shall take the necessary steps for
the publication of these decisions in the Official Journal of the
European Union.

3.
The members of the Administrative Commission shall see
to it that appropriate instructions are given at national level to
ensure that the published and unpublished decisions of the
Administrative Commission are duly implemented.

4.
An original copy of each decision of the Administrative
Commission, drawn up in the languages of the Community
and signed by the chairman, shall be kept in the archives of the
secretariat.

Each decision shall apply from the date specified therein
5.
if no such date is mentioned, from the first day of the
or,
second month following its publication in the Official Journal of
the European Union.

Article 11

For each meeting minutes are recorded which are,

1.
principle, to be approved at the following meeting.

in

(a) decisions relating to the implementation of Article 81(e) of
Regulation (EEC) No 1408/71 and of Articles 94 and 95 of
Regulation (EEC) No 574/72;

Members who have not received the minutes in their own
language may reserve their final approval until
they have
received the minutes in that language.

(b) decisions on proposals for a revision of the Regulations.

The abstention of members present or represented shall
4.
not preclude the adoption of the decisions referred to under
paragraph 3 above if they receive at least 20 affirmative votes.

5. Where the written procedure in Article 7 is followed,
abstentions shall not preclude the adoption of the decisions
referred to in paragraph 3 provided that they receive at least
20 affirmative votes.

2.
For decisions of particular urgency, a declaration holding
their definitive adoption may be drawn up in the course of the
meeting in which they are taken.

Article 12

Each incoming Presidency shall present its programme of work
and the plans for its implementation.

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Article 13

Article 16

The Administrative Commission shall periodically draw up a
general report on its activities and on the implementation of
the regulations on social security for migrant workers. The
report shall be presented to the Advisory Committee on Social
Security for Migrant Workers set up under Article 82 of Regu-
lation (EEC) No 1408/71.

Article 14

Where the provisions of these rules require interpretation, such
interpretation shall be given by the Court of Justice in accord-
ance with Article 234 of the Treaty establishing the European
Community.

To the rules is attached a Code of Conduct which aims to
improve the efficiency of the preparation and conduct of the
meetings of the Administrative Commission.

Article 17

the
These rules shall be communicated to the member of
Commission of
the European Communities responsible for
employment and social affairs and supplemented with an
exchange of
letters between him and the chairman of the
Administrative Commission.

The rules and the exchange of letters shall enter into force
three days after their publication in the Official Journal of the
European Union and shall replace the analogous documents
published in the Official Journal of the European Communities of
29 June 1995.

Article 15

Done at Brussels, on 14 October 2004.

The languages of the Administrative Commission shall be the
languages of the Com-
same as those determined as official
munity institutions in accordance with Article 290 of
the
Treaty establishing the European Community.

Chairman
of the Administrative Commission

C. J. van den BERG

EXCHANGE OF LETTERS

between the chairman of the Administrative Commission on social security for migrant workers
and the member of the Commission of the European Communities responsible for Employment,
Social Affairs and Equal Opportunities

Administrative Commission on social
security for migrant workers

Brussels, 22 November 2004

COPY

Mr Vladimir SPIDLA,
Member of the Commission responsible for employ-
ment, social affairs and equal opportunities

Dear Sir,

Please find enclosed the revised text of the rules of the Administrative Commission set up by Article 80 of
Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to
employed persons, to self-employed persons and to member of their families moving within the Com-
munity.

These rules, drawn up by mutual agreement among the members of the Administrative Commission
pursuant to the provisions of Article 80(3) of the abovementioned Regulation, lay down the basic internal
organisation of the Administrative Commission and its proceedings.

The revision of the rules has been rendered necessary by the enlargement of the European Union on 1 May
2004.

I would appreciate it if you could inform me of any observations you may wish to make.

Yours faithfully,

The Chairman
of the Administrative Commission

C. J. van den BERG

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Official Journal of the European Union

C 119/7

Commission of the European Communities

Brussels, 22 November 2004

COPY

To the Chairman of the Administrative Commission on
Social Security for migrant workers
C. J. van den Berg

Dear Sir,

I am in receipt of your letter of 22 November 2004 in which you sent me the revised rules of the Adminis-
trative Commission drawn up in accordance with the provisions of Article 80(3) of Council Regulation
(EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed
persons and to members of their families moving within the Community.

These rules do not give rise to any observations from the Commission of the European Communities and
will be published in the Official Journal of the European Union.

Yours faithfully,

Vladimir SPIDLA

Member of the Commission